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HomeMy WebLinkAbout108-08 RESOLUTIONRESOLUTION NO. 108-08 A RESOLUTION APPROVING AN ENGINEERING SERVICES CONTRACT WITH RJN GROUP, INC. IN THE AMOUNT OF $395,109.00 FOR A DETAILED SANITARY SEWER EVALUATION STUDY IN SOUTH FAYETTEVILLE AND THE CITY OF GREENLAND; AND APPROVING A 5% CONTINGENCY IN THE AMOUNT OF $19,800.00. 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 approves an Engineering Services Contract with RJN Group, Inc. in the amount of $395,109.00 for a detailed Sanitary Sewer Evaluation Study in South Fayetteville and the City of Greenland A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a 5% contingency in the amount of $19,800.00. PASSED and APPROVED this 20th day of May, 2008. APPROVED: By DAN COODY, Mayor ATTEST: By: AI dila. SONDRA E SMITH, City Clerk/Treasurer ....... ....................R �., S ', G�SY OF •C%p% _o° ;FAYETTEVILLE: 3 ee ' 9Sy?/•�'.•NSPOJZ: • S. C..' 4 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And RJN GROUP, INC. THIS AGREEMENT is made as of Mi" , 2008, 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 known as White River Watershed Basins W-5, W-6, W -13A, W-20, & W-32. .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 w be provided by RJN GROUP, INC. under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of RJN GROUP, INC. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of RJN GROUP, INC. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. Southray-GnlndEngiSSES-DesignContmctMay08.DOC 1 5/13/2008 SECTION 2 - BASIC SERVICES OF RJN GROUP, INC. 2.1 General 2.1.1 Perform professional design services in connection with the Project as hereinafter stated. 2.1.1.1 The Scope of Services to be furnished by RJN GROUP, INC. during the Preliminary Engineering Design Phase is included in Section 2 2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be 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 furnished by RJN GROUP, INC. during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.5 The Scope of Services to be furnished by RJN GROUP, INC. during the Post - Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 21.1.6 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 Perforin an SSES as described in the Scope of Services in Appendix A. Soutbfay-GrolndEngrSSES-DesignContraclMay08. DOC 2 5/1312008 • 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 forms 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 SouthFay-GmindEngrSSES-0ccignComraciMay08DOC 3 5/13/2008 CITY OF FAYETTEVILLE, or for delays or other causes beyond RJN GROUP, INC.'s reasonable control. 2.3.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the duration of the -project and the discrete milestone activities which make up the project, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.3.9. 2.3.1.3 When requested by the CITY OF FAYETTEVILLE's Water and 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 Natural Resources Commission (ANRC) 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. Almy 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. SoutiiFay-G mind EngrSSES-DesignContractMay08.DOC 4 . 5/132008 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 Detemtine 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 cominunications 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. Southray-GmindEngrSSES-DesignConuaclM ay08. DOC 5 5/13/2008 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 FAYE7TEVILLE 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. 23 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. SouthFay-GmindEngrSSES-DesignContractMay08.DOC 6 5/132008 SECTION 3 - ADDITIONAL SERVICES OF RJN GROUP, INC. 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by RJN GROUP, INC., RJN GROUP, INC. shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary I3asic 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, earnings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.7 Extra Services 3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. SouthFay-GmIndEngrSSES-DesignContraciMay08. DOC 7 5/13/2008 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond RJN GROUP, INC.'s control, RJN GROUP, INC. shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to RJN GROUP, INC. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, RJN GROUP, INC. shall have no obligation to provide those services. 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 perfom3 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. SouthFay-Gm1ndEngrSSES-DesignContractM ay08. DOC 8 5/13/2008 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 The Water & Wastewater Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Water & Wastewater Engineer 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 4.1 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. INC.'s use in coordinating the Contract Drawings and Specifications. 4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to RJN GROUP, INC. in a timely manner. 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. Southray-GmindEngrSSES-DesignContractMay08.DOC 9 5/13/2008 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 $395,109.00. 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 FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with RJN GROUP, INC.'s nonnal 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 FAYETTEVILLEs approval and acceptance with the satisfactory completion of the Design phase for the Project. Southray-GmindEngrSSES-DesignContmclMay08.DOC I0 5/132008 6.1.2 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.3 Post -Construction Phase Seryices 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. SoutliFay-GmindEngrSSES-DesignCmnractMay08.DOC 11 5/13/2008 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 tennination 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. SouthFay-Gni I nd EngrSS ES-DesignContractMay08.DOC 2 5/13/2008 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 judg,nent 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, SouthFay-GmindEngrSSES-DesignContractMay08.DOC 13 5/13/2008 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 Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that RJN GROUP, INC. is given: 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, • 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, SouthFay-GntlndEngrSSES-DcsignContractMay08.DOC 14 5/13/2008 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 SouthFay-GmhtdEngrSSES-DesignContactMay08.DOC 15 5/132008 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 perfonned 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 afier 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. SouthFay-GmindEngrSSES-DesignContractMay08.DOC 16 5/13/2008 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 SouthFay-GmindEngrSSES-DcsignContraclMay08.DOC 17 5/13/2008 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 KIN 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. SouthFay-GnilndEngrSSES-DesignContractMay08.DOC I8 5/13/2008 7.16 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.17 Entire Agreement This Agreement represents the entire Agreement between RJN GROUP, INC. and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to RJN GROUP, INC. a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by RJN GROUP, INC., shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 8 - SPECIAL CONDITIONS 8.1 Additional Responsibilities of RJN GROUP, INC. 8.1.1 CITY OF FAYETTEVILLE's, 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, INC.'s negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. '8.1.3 RJN GROUP, INC.'s obligations under this clause are in addition to RJN GROUP, INC.'s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against RJN GROUP, INC. for faulty materials, equipment, or work. Southray-GmindEngrSSES-DesignContracIMay08.DOC 19 5/132008 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 SouthFay-GmindEngrSSES-DesignConbaclMayO8.DOC 20 5/13/2008 apply to a prime agreement, lower tier subagreement or purchase order awarded after effective puce 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 SouthFay-GmindEngrSSES-DesignContractMay08.DOC 21 1 5/132008 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. Soul hFay-GmindEngrSSES- DaignContractMay08.DOC 22 5/13/2008 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and RJN GROUP, INC. , by its authorized officer have made and executed this Agreement as of the day and year first above written. K/Tpp Rr''%, CITY O G•' a •\SY per. .F: BY: tot ° FAYETTEVILLE; %�z• '� ' AU ES" 9 � %9s••�°KANSP. 2�. y�� GT0N �'vttum In t' By: RJN GROUP.,, INC. By: 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 SouthFay-GmindEngrSSES-DesignContractMay08.DOC 23 5/13/2008 EXHIBIT A SCOPE OF SERVICES CITY OF FAYETTEVILLE WHITE RIVER WATERSHED BASINS W-5, W-6, W-I3A, W-20, & W-32 SEWER SYSTEM STUDY This section is a detailed description of the Work Plan that will be implemented for this project. Specific Work items were developed based on our understanding of the project needs, our familiarity with the City of Fayetteville's Wastewater Collection System, and our experience with many similar projects. The project will include the field investigations and development of recommended sewer improvements located in South Fayetteville and the City of Greenland, further described as White River Watershed Basins W-5, W-6, W -13A, W-20, & W-32. This area is estimated to contain approximately 175,000 linear feet of sewer line and 810 manholes. The majority of the manholes in W-05, W-06, and W -13A were inspected under a previous project and are included in an ongoing rehabilitation contract and are not included in this study. A description of the Work Plan is included in the following sections. Work Plan The Work Plan for the City of Fayetteville includes all the necessary engineering, planning, and field work for developing a Sewer Rehabilitation Plan. SEWER SYSTEM STUDY A. Project Administration Mobilize project team. Meet with CITY staff on a bi-monthly basis to develop project strategy, coordinate upcoming work, and receive CITY input. Prepare a final schedule of work activities. 4. Provide general consultation with representative CITY 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. Southtay-GmindEngrSSES-ExhibitsMay08.DOC A-1 5/13/2008 B. Data Management Program Review previous study report and incorporate necessary data into project database. 2. Develop listing of all buried and inaccessible manholes and provide to CITY. Perform final review of system maps to verify boundaries of subdrainage areas and location of flow monitoring sites. 4. Prepare a map of the study areas utilizing the numbering system developed by the City. The GIS numbering system will be cross referenced with the earlier numbering. system. 5. Obtain preliminary sewer segments length and diameters from existing database. Review and modify database as differences are found during field survey activities. Correct map as differences are found during the field investigation. C. Public Relations Public relation activities will be included to inform the public and industries in the study are of upcoming field work. The primary focus will be on smoke testing activities. Specific tasks will include: Coordinate smoke testing activities with representatives of the City of Greenland. 2. Provide door hangers for notification of residents during smoke testing activities. D. Flow Monitoring Flow monitoring will be conducted at specific locations within the study area. It is anticipated that six (6) temporary flow meters will be utilized during the study period. The ENGINEER staff will service the meters on a weekly basis for a period of 60 days. The ENGINEER will also utilize the CITY's rain gauge network during the study and will install two to three temporary rain gauges to supplement the network. Service the six (6) temporary flow meters on a weekly basis for a period of 60 days. Obtain weekly manual depth and velocity profiles to verify the accuracy of the meters. 2. Service rain gauges on a weekly basis. 3. Analyze flow data from the existing metering station to determine the following: South Fay-Grul idEngrSSES-ExhibitsMay08.DOC A-2 5/13/2008 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. E. Manhole Inspection A comprehensive below ground inspection of manholes in White River Watershed Basins W-20 and W-32 will be performed. All subsurface components from the frame seal, walls, cleanout risers, and bench and trough are inspected. The rim to invert dimension for all connecting lines will be recorded. The data management computer model is used to process and analyze the inspection data. Flow rates for major 1/I sources in each of the manholes inspected will be estimated. Specific work tasks include the following: Perform inspection at manholes and cleanouts and record data on computerized data form. (A total of 400 inspections are assumed in the cost proposal.) 2. Perform computerized analysis of VI inspection data with quantification of observed defects. F. 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. Work will include smoke testing and dyed water flooding using comprehensive testing techniques developed by ENGINEER for such studies. A dual blower intensified smoke technique will be utilized to test sewer lines in the selected study areas where possible. 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. It is anticipated that 100 percent of the sewer lines in both areas will be smoke tested. Inflow sources will 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 the ENGINEER'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. Souihray-GmindEngrSSES-ExhibilsMay08.DOC A-3 5/13/1008 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. 175,000 linear feet assumed for the cost proposal. 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. 60 locations are assumed in the cost proposal. 4. Perform computerized data analysis of smoke test and dyed water data with quantification of observed defects. G. TV Inspection Coordination 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. H. Data Analysis and Report This part of the project includes performing an engineering analysis of field survey data and developing recommendations for cost-effective I/1 source repairs and maintenance repairs. A description of field investigations, engineering analysis, and recommended action to reduce I/I in the study area will be included in the report. Compare monitored and source flows using flow monitoring results and computerized listing of quantified defect flows. 2. Balance monitored flows and source flows based on evaluation of identified source flow rates and unaccounted remaining flow per monitoring location. 3. Develop rehabilitation and improvement costs for various types of infiltration/inflow defect repairs and sewer improvements including, but not limited to: a. Main Replacement South Fay-GmindEngrSS ES-ExhibitsMay08.oOC A-4 5/13/2008 b. Point Repair c. Chemical Grouting of Joints d. Sliplining e. Inversion Lining f. Expansion Lining g. Manhole Rehabilitation h. Manhole Replacement 4. Perform analysis for recommended infiltration rehabilitation plan based on applicable rehabilitation method, material, and costs. 5. Perform analysis for recommended inflow rehabilitation based on applicable rehabilitation method, material, and costs. Quantify all public and private I/I sources identified. 6. Develop recommendations for rehabilitation of both public and private I/I sources in priority order, cost estimates by individual rehabilitation type, and estimated I/I reduction as a result of the recommendations. 7. Prepare and submit two (2) copies of a draft report which includes results of the I/I 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 brief report will be prepared and submitted to the CITY. ENGINEER will provide three (3) copies of the final report. FUTURE SERVICES The ENGINEER will provide the final engineering design and construction observation for the recommended rehabilitation as future services. The compensation for these future services will be negotiated after the extent of the improvements are known. The detailed scope of future services are as follows: South Fay-GmindEngrSSES- ExhibiisMay08.DOC A-5 5//312008 FINAL ENGINEERING DESIGN/BIDDING ASSISTANCE A. Manhole Rehabilitation Design Review reports from the Manhole Inspection Program to determine 1/I sources to be rehabilitated. 2. Evaluate site specific manhole repair alternatives including cover type, grade adjustments, sealing techniques, manhole interior repairs, and/or manhole replacement. 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. 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: 1. 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. 3. Investigate public utility locations. 4. Evaluate pipe repair alternatives including pipe replacement, pipe bursting, and lining options as necessary because of site conditions. 5. 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 SouthFay-GmindEngrSSES-ExhibitsMay08. DOC A-6 5/13/2008 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: (1) title sheet/drawing index, (2) location maps, (3) schedule of manhole rehabilitation, (4) plan and profile of replacement segments, (5) plan of repair line segments, (6) special details, and (7) general details. 7. 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. 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. 3. 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 and any other readily confirmed cost-effective maintenance activities. The second contract bid shall include justified sewer line and appurtenant elements, including maintenance, repair, SouthFay-GmindEngrSSES-ExhibitsMay08.DOC A-7 5/13/2008 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. 2. Assist the CITY in reviewing the bids for completeness and accuracy. Develop bid tabulations and submit a written recommendation of contract award to the CITY along with three (3) copies of the bid tabulations. 3. Consult with and advise the CITY on the responsibility and responsiveness of contractors, the acceptability of subcontractors, substitute materials, and equipment proposed by the project bidders. RESIDENT ENGINEERING 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. Review shop drawings, scheduling, test results, and other submittals which the Contractor is required to submit. 0 . 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. Southray-GmindEngtSSES-ExhibitsMay08. DOC A-8 5/1312008 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. 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. 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. SouthFay-Gn lndEngrSSES-ExhibitsMay08.DOC A-9 5/13/2008 EXHIBIT B AUTHORIZATION PROGRESS AND COMPLETION , The City and ENGINEER agree that the project is planned to be completed according to the schedule below with anticipated Notice to Proceed in late May 2008. Months from Notice to Proceed Major Tasks Sewer System Study 9 The ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, he shall not be responsible for schedule delays resulting from conditions beyond his control. With mutual agreement, the City and the ENGINEER may modify the project schedule during the course of the project and if such modifications affect the ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Special Services, the authorization by the City shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation therefore, all as agreed upon by the City and ENGINEER in writing. SouthFay-GmindEngrSSES-ExhibitsMay08.DOC B-1 5/13/1003 EXHIBIT C SUMMARY OF COST CITY OF FAYETTEVILLE WHITE RIVER WATERSHED BASINS W-5, W-6, W -13A, W-20, & W-32 SEWER SYSTEM STUDY Task Description PHASE 1 Sewer System Study A. Project Administration B. Data Management C. Public Relations D. Flow Monitoring/Analysis E. Manhole Inspection F. Rainfall Simulation Smoke Testing (Dual -Blower) Dyed Water Flooding G. TV Inspection Coordination Quantity 1 I 1 I 400 175,000 60 Cleaning/TV Inspection I/ Concurrent Dye Testing/Tape Review 35,000 Data Analysis and Report I Total Phase I Cost PHASE 11 FINAL DESIGN 2/ Unit Cost $20,576.00/LS $16,880/LS $5,128.00/LS $37,540.00/LS $94.19/EA $0.408/LF $386.00/EA 1/ $1.70/LF $34,840/LS 2/ Cost 20,576.00 16,880.00 5,128.00 37,540.00 37,675.00 71,010.00 23,160.00 88,800.00 59,500.00 34,840.00 395,109.00 2/ PHASE III CONSTRUCTION 3/ 3/ 3/ 1/ Allowance for cleaning and TV inspection will be invoiced based on the unit prices contained in Exhibit D. 2/ To be negotiated under a separate amendment to this Agreement 3/ To be negotiated under a separate amendment to this Agreement SouthFay-GmindEngrSSES-ExhibitsMayO8. DOC C -I 5/13/2008 EXHIBIT D TELEVISION INSPECTION COMPENSATAION 2008 SSES Task Description Unit Cost $ Cleaning — Standard 6-15" 1.10 Cleaning — Standard 18-21" 1.38 Cleaning — Standard 24-27" 1.60 Television Inspection 6-24" CCTV 1.38 Traffic Control (EA) 250.00 Mobilization and Demobilization Fee 2,200.00 SouthFay-GmindEngrSSES-ExhibitsMay08.DOC D 5/13/2008 p TOWPVSHIPT ; �O i" 0v o O p I \O w so DEANE ST y o > SY AMO EST O ca 6 E K ¢ op I AMES1 Z G // DING R ORTH ST � m1 i jENoland RFF y I A i I 1.1 ii'. - MA LE ST 1zj ¢ I W I W -13A.0 no �— O i / fir 3p o Fm P I \ Y cmo ST c'o0 A.I o L wII Ir H 9T N I4tSTFORK WHO R 7'OKIV - t7 r '. RA ,., I .1 1- i ^ I -- - ! 11vJ1 i ^ 1 1 9 -I r I p i i PLO kw-O5j _ ' i p W-061 O - 1. y i i i - r - i -'V.. �IIOU HBYRD O i 1 f-'. ! 1 + i._. I Yawl W -20j o i yOJ 1 5 i 9 J Q 1 Hd 2008 SSES Map al South Fayetteville and NORTH City of Greenland Shannon Jones Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 20 -May -08 City Council Meeting Date Engineering Division Water and Wastewater Department Action Required: Approval of an engineering services contract with RJN Group, Inc., in the amount of $395,109.00 for a detailed Sanitary Sewer Evaluation Study (SSES) in South Fayetteville and the City of Greenland, further described as White River Watershed Basins W-5, W-6, W -13A, W-20, & W-32, and approving a 5% contingency of $19,800.00. $ 414,909.00 $ 5,738,641.00 SanitarySewer Rehabilitation Cost of this request Category/Project Budget Program Category / Project Name 5400.5700.5314.00 Account Number 02017.1000 Project Number Budgeted Item XX City Attorney $ 1,934,531.10 Funds Used to Date $ 3,804,109.90 Remaining Balance Budget Adjustment Attached Water and Wastewater Program / Project Category Name Water and Sewer Fund Name Previous Ordinance or Resolution # Z%i4y o6 Date Original Contract Date: Original Contract Number: Sao Date & Q a . L s -`-o8 Chief Administrative Officer Date Received in Mayor's Office Received in City Clerk's Office ye eyi.le CITY COUNCIL AGENDA To: Fayetteville City Council Thru: Mayor Dan Coody David Jurgens, Water & Wastewater Director Fayetteville Sewer Committee From: Shannon Jones, Water & Wastewater Engineer Date: May 2, 2008 City Council Meeting of May 20, 2008 Subject: Approval of an engineering services contract with RJN Group, Inc., in the amount of $395,109.00 for a detailed Sanitary Sewer Evaluation Study (SSES) in South Fayetteville and the City of Greenland, further described as White River Watershed Basins W-5, W-6, W -13A, W-20, & W-32, and approving a 5% contingency of $19,800.00. RECOMMENDATION Staff recommends approval of an engineering services contract with RN Group, Inc., in the amount of $395,109.00 for a detailed Sanitary Sewer Evaluation Study in South Fayetteville and the City of Greenland, further described as White River Watershed Basins W-5, W-6, W -13A, W-20, & W-32, and approving a 5% contingency of $19,800.00. The wastewater flows from the City of Greenland and a portion of southern Fayetteville are transported to the sewer interceptor along south Fayetteville, utimately resulting in treatment at the Noland WWTP. The service area for the SSES is depicted on the attached map. Collection system rehabilitation reduces infiltration and inflow (I/I) in the system, therefore offsetting domestic flow increases, thus extending the life of pumping stations and interceptors and increasing the amount of future growth than can occur in the basins. 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 175,000 linear feet of sewer line and 810 manholes, smoke testing pipe, performing dyed water examinations, cleaning and televising sewer pipe, and providing a brief written report of the results.. The majority of the manholes in W-05, W-06, and W -13A were inspected under a previous project and are included in an ongoing rehabilitation contract and are not included in this study. Sewer flows and rainfall will be measured at key points throughout the basins. The basins contain significant amount of old construction (clay or truss pipe mains with some brick and some old concrete manholes) and some 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. BUDGET IMPACT Funds are available within the Fiscal Year 2008 Sanitary Sewer Rehabilitation Project. 2008 SSES CC Memo 20MayO8.doc RESOLUTION NO. A RESOLUTION APPROVING AN ENGINEERING SERVICES CONTRACT WITH RJN GROUP, INC. IN THE AMOUNT OF $395,109.00 FOR A DETAILED SANITARY SEWER EVALUATION STUDY IN SOUTH FAYETTEVILLE AND THE CITY OF GREENLAND; AND APPROVING A 5% CONTINGENCY IN THE AMOUNT OF $19,800.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: r Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Engineering Services Contract with RJN Group, Inc. in the amount of $395,109.00 for a detailed Sanitary Sewer Evaluation Study in South Fayetteville and the City of Greenland. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a 5% contingency in the amount of $19,800.00. PASSED and APPROVED this 20th day of May, 2008. APPROVED: By: ATTEST: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer W�c TOWFISHIPST\ 7$ ¢ __—moo y�Jv w w �\�O S.¢ Q / O 3 O I DEANE ST n - w SYCAMORE ST In I E K Q O O O p I U -� a AMEStR WEDINGTON'DR � ( n o NORTH ST F C J !! U RF > / I 1 �•�. _.i � .r-1 111 MAPLE ST I" Q I O I flr J 1 W13O _ ° F / ! O O� P _ 1 Fa 6TH ST r , pp O L C WEStFORK WHITER TS`/ •�.i 15TH ST 1'i TOWN Z I I j I La A'ON _• I j' I 1� ! II L. I 1 0 1 1 �\aG r�.w a W-05 !I!n j o o • _•— •-i -• Y ( 1 I 1 r }} r:,1 WILLpU By i 1' _ • _ w -so. J O O o c,H I ' y yo ! I. 3UI j r Z Iv I - - - 1 - -I eW-32 i i. 2008 SSES Map SI South Fayetteville and NORTH City of Greenland AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And RJN GROUP, INC. THIS AGREEMENT is made as of , 2008, 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 known as White River Watershed Basins W-5, W-6, W -13A, W-20, & W-32. 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 agreement of RJN GROUP, INC. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of RJN GROUP, INC. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees; or delivery schedule. SouthFay-Gmind EEngrSSES- DesignContractMay08. DOC I 5/22008 SECTION 2- BASIC SERVICES OF RJN GROUP, INC. 2.1 General 2.1.1 Perform professional design services in connection with the Project as hereinafter stated. 2.1.1.1 The Scope of Services to be furnished by RJN GROUP, INC. during the Preliminary Engineering Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be 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 furnished by RJN GROUP, INC. during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.5 The Scope of Services to be furnished by RJN GROUP, INC. during the Post - Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.6 The preliminary Scope of Services to be furnished by RJN GROUP, INC. for Resident Services during Construction, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 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 FAYEITEVILLE 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. SomhFay-Gm IndUngrSSES-DesignContnclMay08. DOC 2 5/2/2008 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 forms 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 SouthFay-GmindFngrSSES-DecignConlnc7May08.DOC 3 5/2/2008 CITY OF FAYETTEVILLE, or for delays or other causes beyond RJN GROUP. INC.'s reasonable control. 2.3.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the duration of the -project and the discrete milestone activities which make up the project, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.3.9. 2.3.1.3 When requested by the CITY OF FAYETTEVILLE's Water and 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 Natural Resources Commission (ANRC) 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. Sou' hFay-GmindEngiiSSES-DesignConnnci 1ay08.DOC 4 512/2008 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. Southray-GmindEngrSSES-DmgnContntctMay08. DOC 5 5/2/2008 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- SouthFay-Gmtnd Engi5S ES-DesignContnnctMay08.DOC 6 5/22008 SECTION 3- ADDITIONAL SERVICES OF RJN GROUP, INC. 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by RJN GROUP, INC., RJN GROUP; INC. shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Grant and Loan Assistance Prepare applications and supporting documents for governmental grants, loans, or advances that are not included in services described in Appendix A. 3.1.2 Financial Consultation Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such engineering data as required for any bond prospectus or other financing requirements. 3.1.3 Administrative Assistance Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. 3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use. 3.1.5 Miscellaneous Studies Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.7 Extra Services 3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. SowhFay-GmindEngiSSES-DesignContrac1MayOS.DOC 7 52/2008 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond RJN GROUP, INC.'s control, RJN GROUP, INC. shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to RJN GROUP, INC. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, RJN GROUP, INC. shall have no obligation to provide those services. 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. Soul hFay-GmindEngrSSES- De ignConlmctMay08.DOC IWZtAI$B1 4.5 Provide such professional, legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 The Water & Wastewater Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Water & Wastewater Engineer 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. 4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such documents for RJN GROUP, INC.'s use in coordinating the Contract Drawings and Specifications. 4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to RJN GROUP, INC. in a timely manner. 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. SouihFay-GmindEngrSS ES-DesignContmcIMayO8.DOC 9 522008 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 $395,109.00. 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 FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with RJN GROUP, INC.'s normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by RJN GROUP, INC. and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment for Design services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. SouihFay-GnhInd EngrSSES-DcsignConuactMayO8. DOC 10 5/2/2008 6.1.2 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 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. SomhFay-GmindingrSS ES-DcsignContractMay08.DOC 11 5/2/2008 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 Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim RJN GROUP, INC. will provide to CITY OF FAYETT'EVILLE 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. SouthFay-GmindEngrSSES- DesignContractMay08.DOC 12 5/2/2008 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 Professional Responsibility 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 promptly report to RJN GROUP, INC. any defects or suspected defects in '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. CIT' 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. 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. 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 INC.'s experience, qualifications, and judgment as a design professional. Since RJN GROUP. INC. has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, RJN GROUP, INC. does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by RJN GROUP, INC. 7.4 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of RJN GROUP, INC.'s services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of RJN GROUP, INC. 7.5 Termination 7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that RJN GROUP, INC. is given: 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, SouthFay-GmindEngrSSES-DmgnContnctMay08.DOC 14 522008 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 Southray-GmindEngrSSES-DesignContmctMay08. DOC 15 5/22008 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 panics 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. SouthFay-GmindEngrSSES-DesignCornmctMayO8.DOC 16 5/2/2008 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 7.1 1.1 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 SouthFay-GmindEngrSSES-DesignConuactMay08.DOC 17 5/2/2008 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. SouthFay-G mindEngrSSES-DcsignContmctMay08. DOC 18 5122008 7.16 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.17 Entire Agreement This Agreement represents the entire Agreement between RJN GROUP, INC. and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to RJN GROUP, INC. a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by RJN GROUP, INC., shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of RJN GROUP, INC. 8.1.1 CITY OF FAYETTEVILLE's, 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, INC.'s negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYEIEVILLE-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. SouthFav-GmindEngrSSES-DcsignContractMay08.DOC 19 5!2/2008 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 SouthFay-GmIndEngrSSES-DcsignConttactMay08. DOC 20 5/22008 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 SoulhFay-GmindEngrSSES-DctignContracIMayO8.DOC 21 5/2/2008 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. SouthFay-GmindEngrSSES-OtsignConnacIMayO8DOC 22 51212008 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and RJN GROUP. INC. , by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor ATTEST: By: City Clerk RJN GROUP, INC. By: 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 SouthFay-GntlndEngrSSES-DesignContractMay08.DOC 23 1 5/2/2008 EXHIBIT A SCOPE OF SERVICES CITY OF FAYETTEVILLE WHITE RIVER WATERSHED BASINS W-5, W-6, W -13A, W-20, & W-32 SEWER SYSTEM STUDY This section is a detailed description of the Work Plan that will be implemented for this project. Specific Work items were developed based on our understanding of the project needs, our familiarity with the City of Fayetteville's Wastewater Collection System, and our experience with many similar projects. The project will include the field investigations and development of recommended sewer improvements located in South Fayetteville and the City of Greenland, further described as White River Watershed Basins W-5, W-6, W -13A, W-20, & W-32. This area is estimated to contain approximately 1 75,000 linear feet of sewer line and 810 manholes. The majority of the manholes in W-05, W-06, and W -13A were inspected under a previous project and are included in an ongoing rehabilitation contract and are not included in this study. A description of the Work Plan is included in the following sections. Work Plan The Work Plan for the City of Fayetteville includes all the necessary engineering, planning, and field work for developing a Sewer Rehabilitation Plan. SEWER SYSTEM STUDY A. Project Administration I. Mobilize project team. 2. Meet with CITY staff on a hi -monthly basis 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 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. Sout1Fay-GnilndEngrSS17S-ExhibitsMay08. DOC A-1 5/2/2008 B. Data Management Program Review previous study report and incorporate necessary data into project database. 2. Develop listing of all buried and inaccessible manholes and provide to CITY. 3. Perform final review of system maps to verify boundaries of subdrainage areas and location of flow monitoring sites. 4. Prepare a map of the study areas utilizing the numbering system developed by the City. The GIS numbering system will be cross referenced with the earlier numbering system. 5. Obtain preliminary sewer segments length and diameters from existing database. Review and modify database as differences are found during field survey activities. 6. Correct map as differences are found during the field investigation. C. Public Relations Public relation activities will be included. to inform the public and industries in the study are of upcoming field work. The primary focus will be on smoke testing activities. Specific tasks will include: Coordinate smoke testing activities with representatives of the City of Greenland. 2. Provide door hangers for notification of residents during smoke testing activities. D. Flow Monitoring Flow monitoring will be conducted at specific locations within the study area. It is anticipated that six (6) temporary flow meters will be utilized during the study period. The ENGINEER staff will service the meters on a weekly basis for a period of 60 days. The ENGINEER will also utilize the CITY's rain gauge network during the study and will install two to three temporary rain gauges to supplement the network. Service the six (6) temporary flow meters on a weekly basis for a period of 60 days. Obtain weekly manual depth and velocity profiles to verify the accuracy of the meters. Service rain gauges on a weekly basis. 3. Analyze flow data from the existing metering station to determine the following: SouthFay-Gm IndEngrSSES-ExhibitsMay08. DOC A-2 5/2/2008 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 1) for each monitoring site. E. Manhole Inspection A comprehensive below ground inspection of manholes in White River Watershed Basins W-20 and W-32 will be performed. All subsurface components from the frame seal, walls, cleanout risers, and bench and trough are inspected. The rim to invert dimension for all connecting lines will be recorded. The data management computer model is used to process and analyze the inspection data. Flow rates for major 1/1 sources in each of the manholes inspected will be estimated. Specific work tasks include the following: Perform inspection at manholes and cleanouts and record data on computerized data form. (A total of 400 inspections are assumed in the cost proposal.) 2. Perform computerized analysis of I/I inspection data with quantification of observed defects. F. 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. Work will include smoke testing and dyed water flooding using comprehensive testing techniques developed by ENGINEER for such studies. A dual blower intensified smoke technique will be utilized to test sewer lines in the selected study areas where possible. 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. It is anticipated that 100 percent of the sewer lines in both areas will be smoke tested. Inflow sources will also be identified by means of dyed water flooding of storm sewer sections and suspected overflows, stream sections, ditch sections, and pending areas that may be contributing to inflow. Some of the test areas are based on results of the ENGINEER'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. SoulhFay-Gmind EngrSS ES-ExhibilsMay08. DOC A-3 5/2/2008 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. 175,000 linear feet assumed for the cost proposal. 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. 60 locations are assumed in the cost proposal. 4. Perform computerized data analysis of smoke test and dyed water data with quantification of observed defects. G. TV Inspection Coordination 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. H. Data Analysis and Report This part of the project includes performing an engineering analysis of field survey data and developing recommendations for cost-effective I/1 source repairs and maintenance repairs. A description of field investigations, engineering analysis, and recommended action to reduce I/I in the study area will be included in the report. Compare monitored and source flows using flow monitoring results and computerized listing of quantified defect flows. Balance monitored flows and source flows based on evaluation of identified source flow rates and unaccounted remaining flow per monitoring location. Develop rehabilitation and improvement costs for various types of infiltration/inflow defect repairs and sewer improvements including, but not limited to: a. Main Replacement SonthFay-GmindEngrSSES-ExhibitsMay08. DOC A-4 5/2/2008 b. Point Repair c. Chemical Grouting of Joints d. Sliplining e. Inversion Lining f Expansion Lining g. Manhole Rehabilitation h. Manhole Replacement 4. Perform analysis for recommended infiltration rehabilitation plan based on applicable rehabilitation method, material, and costs. 5. Perform analysis for recommended inflow rehabilitation based on applicable rehabilitation method, material, and costs. Quantify all public and private 1/I sources identified. 6. Develop recommendations for rehabilitation of both public and private 1/1 sources in priority order, cost estimates by individual rehabilitation type, and estimated I/1 reduction as a result of the recommendations. Prepare and submit two (2) copies of a draft report which includes results of the I/1 investigations, findings, cost estimates, recommended plan to reduce I/l, 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 brief report will be prepared and submitted to the CITY. ENGINEER will provide three (3) copies of the final report. FUTURE SERVICES The ENGINEER will provide the final engineering design and construction observation for the recommended rehabilitation as future services. The compensation for these future services will be negotiated after the extent of the improvements are known. The detailed scope of future services are as follows: Southray-GmInd EngiSSES-ExhibitsMay08.DOC A-5 5/2/2008 FINAL ENGINEERING DESIGN/BIDDING ASSISTANCE A. Manhole Rehabilitation Design Review reports from the Manhole Inspection Program to determine I/I sources to be rehabilitated. Evaluate site specific manhole repair alternatives including cover type, grade adjustments, scaling techniques, manhole interior repairs, and/or manhole replacement. 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. 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. 7. 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. Perform sewer profile level survey and site inspections for sewer replacement. 3. Investigate public utility locations. 4. Evaluate pipe repair alternatives including pipe replacement, pipe bursting, and lining options as necessary because of site conditions. 5. 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 SouthFav-GmindEngrSSES-ExhibiisMay48.DOC A-6 5/2/2008 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: (1) title sheet/drawing index, (2) location maps, (3) schedule of manhole rehabilitation, (4) plan and profile of replacement segments, (5) plan of repair line segments, (6) special details, and (7) general details. 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. 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. 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. 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 and any other readily confirmed cost-effective maintenance activities. The second contract bid shall include justified sewer line and appurtenant elements, including maintenance, repair, SouthFay-GmindEngrSSES-ExhibilsMay08.DOC A-7 5/2/2008 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. 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. 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. 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. Soulhray-GmInd[ngrSSES-ExhibilsMay08. DOC A-8 5/22008 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. 1 I . 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 I/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. SouthFay-Gnilndnngi SSES-ExhibitsMay08DOC A-9 5/2/2008 EXHIBIT B AUTHORIZATION PROGRESS AND COMPLETION The City and ENGINEER agree that the project is planned to be completed according to the schedule below with anticipated Notice to Proceed in late May 2008. Months from Notice to Proceed Major Tasks Sewer System Study The ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, he shall not be responsible for schedule delays resulting from conditions beyond his control. With mutual agreement, the City and the ENGINEER may modify the project schedule during the course of the project and if such modifications affect the ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Special Services, the authorization by the City shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation therefore, all as agreed upon by the City and ENGINEER in writing. Southray-GmindEngrSSES-ExhibilsMayO8.DOC B-1 5/2/2003 EXHIBIT C SUMMARY OF COST CITY OF FAYETTEVILLE WHITE RIVER WATERSHED BASINS W-5, W-6, W -13A, W-20, & W-32 SEWER SYSTEM STUDY Unit Cost Task Description Quantity Cost (S) PHASE 1 Sewer System Study A. Project Administration I $20,576.00/LS 20,576.00 B. Data Management I $16,880/LS 16,880.00 C. Public Relations 1 $5,128.00/LS 5,128.00 D. Flow Monitoring/Analysis 1 $37,540.00/LS 37,540.00 E. Manhole Inspection 400 S94.19/EA 37,675.00 F. Rainfall Simulation Smoke Testing (Dual -Blower) 175,000 $0.408/LF 71,010.00 Dyed Water Flooding 60 $386.00/EA 23,160.00 G. TV Inspection Coordination Cleaning/TV Inspection 1/ 1/ 88,800.00 Concurrent Dye Testing/Tape Review 35,000 $1.70/LF 59,500.00 Data Analysis and Report I $34,840/LS 34,840.00 Total Phase I Cost 395,109.00 PHASE II FINAL DESIGN 2/ 2/ 2/ PHASE 111 CONSTRUCTION 3/ 3/ 3/ 1/ Allowance for cleaning and TV inspection will be invoiced based on the unit prices contained in Exhibit D. 2/ To be negotiated under a separate amendment to this Agreement 3/ To be negotiated under a separate amendment to this Agreement SouthFay-GmindEngi5SES-ExhibitsMay08.DOC C-1 5/2/2008 EXHIBIT D TELEVISION INSPECTION COMPENSATAION 2008 SSES Task Description Unit Cost ($ Cleaning — Standard 6-15" 1.10 Cleaning — Standard 18-21" 1.38 Cleaning — Standard 24-27" 1.60 Television Inspection — 6-24" CCTV 1.38 Traffic Control (EA) 250.00 Mobilization and Demobilization Fee 2,200.00 SouthFay-GnAndEngrSSES-ExhibitsMay08.DOC D -I 5/2/2008 n a I- LL C : O N O Z tt:I V ':i ':III •;a ® ti� N d { l W W o O N 30 ar 3w J N W h Z W r3o� z o a' (q U Q O 1° >-w ,- o vH ............................i m a r a aw3 w_______ I-. __ 1 rc _ I I ! 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J J From: Clarice Pearman To: Jones, Shannon Date: 5.23.08 12:57 PM Subject: Res. 108-08 Attachments: 108-08 RJN Group Inc.pdf CC: Audit; Vice, Peggy Shannon: Attached is a copy of the above resolution regarding engineering service with RJN Group. I will forward your purchase requisition to Purchasing. Also I'll forward to you three of the four signed original agreements via interoffice mail. Please let me know if there is anything else needed for this item. Have a good weekend! Thanks. Clarice