HomeMy WebLinkAbout265-19 RESOLUTIONF FAYE)T
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 265-19
File Number: 2019-0786
RFQ #18-01 RJN GROUP, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
RJN GROUP, INC., PURSUANT TO RFQ #18-01, IN THE AMOUNT OF $408,543.60 FOR
ENGINEERING SERVICES ASSOCIATED WITH THE WASTEWATER COLLECTION SYSTEM
2020 MASTER PLAN UPDATE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with RJN Group, Inc., pursuant to RFQ #19-01, in the amount of
$408,543.60 for engineering services associated with, the Wastewater Collection System 2020 Master Plan
Update.
PASSED and APPROVED on 12/3/2019
Attest:
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Kara Paxton, City Clerk Treasurc�n *-Ir
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Page 1 Printed on 1215119
City of Fayetteville, Arkansas 113 West Mountain Street
J Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0786
Agenda Date: 12/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: A. 7
RFQ #18-01 RJN GROUP, INC.:
File Type: Resolution
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH RJN GROUP, INC., PURSUANT TO RFQ #18-01, IN THE AMOUNT OF $408,543.60 FOR
ENGINEERING SERVICES ASSOCIATED WITH THE WASTEWATER COLLECTION SYSTEM
2020 MASTER PLAN UPDATE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with RJN Group, Inc., pursuant to RFQ #19-01, in the amount of $408,543.60
for engineering services associated with the Wastewater Collection System 2020 Master Plan Update.
City of Fayetteville, Arkansas Page 1 Printed on 121412019
Tim Nyander
City of Fayetteville Staff Review Form
2019-0786
Legistar File ID
12/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/13/2019
WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an agreement with RJN Group, Inc. in the amount of $408,543.60 for engineering
services associated with the Wastewater Collection System 2020 Master Plan Update.
5400.720.5700-5314.00
Account Number
02017.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Water and Sewer
Fund
Sanitary Sewer Rehabilitation
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 5,593,747.00
$ 2,296,058.50
3,297,688.50
$ 408,543.60
$ 2,889,144.90
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 3, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
CITY COUNCIL MEMO
DATE: November 13, 2019
SUBJECT: Approval of an agreement with RJN Group, Inc. for engineering services
associated with the Wastewater Collection System 2020 Master Plan
Update
RECOMMENDATION:
Staff recommends approval of an agreement with RJN Group, Inc. in the amount of
$408,543.60 for engineering services associated with the Wastewater Collection System 2020
Master Plan Update.
BACKGROUND:
On June 12, 2018 the City of Fayetteville formally selected RJN Group, Inc. via RFQ 18-01 to
perform routine updates and analyses of the City's Wastewater Collection System Master Plan.
Staff has worked with RJN to develop an appropriate scope and tasks in order to verify the
accuracy of the hydraulic model and re -asses changes in service area due to population and
development increases. The Arkansas Department of Health, and industry best practices,
recommend updating master plans every 5 -years for systems like Fayetteville experiencing
significant change and growth. The last update to this plan was completed in 2014.
DISCUSSION:
A wastewater hydraulic model is only accurate when field -verified and calibrated using both dry
and wet -weather flow monitoring (measuring the actual flow in the pipes). A large portion of the
effort needed in this model update is placing and maintaining flow monitors in strategic locations
throughout the City in the Spring of 2020. The model will also be updated to include all changes
and additions in the wastewater system due to new developments and capital improvement
projects. This study will determine future capacity upgrades required and provide capital project
cost estimating.
BUDGET/STAFF IMPACT:
This engineering services contract is based on an hourly fee and task matrix, with total costs not
to exceed $408,543.60. Funds are available in the Sanitary Sewer Rehabilitation account.
Attachments:
Engineering Services Agreement with Fee Schedule
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
RJN GROUP, INC.
THIS AGREEMENT is made as of Dece'' b/t 1� , 2019, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and RJN GROUP, INC. (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER 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 ENGINEER'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.
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 ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
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.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Fayetteville Master Plan Update Contract 11072019.doc
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.l .1 . Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.l .2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.l .3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect
to the services to be performed under this Agreement. The Utilities Director 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.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 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. ENGINEER 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 A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $408,543.60. The CITY
OF FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER'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
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
FayetteviIIe Master Plan Update Contract 1 1072019.doc 2
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER'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 ENGINEER 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.
5.4 Final Payment
5.4.1 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, ENGINEER 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 ENGINEER 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 ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Tvoe of Coveraee
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Fayetteville Master Plan Update Contract 1 1072019.doc
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
ENGINEER 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.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER 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 ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER 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, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER'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 duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 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:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Fayetteville Master Plan Update Contract 11072019.doc 4
6.5.2 This Agreement may be tenninated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 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
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, 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 tennination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the tennination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 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 ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER 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 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Fayetteville Master Plan Update Contract 1 1072019.doc
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER 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
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, 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 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 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.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 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.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER 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 ENGINEER 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.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER'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 ENGINEER CITY OF FAYETTEVILLE may require
FayetteviIIe Master Plan Update Contract 1 1072019.doc 6
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER 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.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER 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 ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER 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.
6.13 Notices
6.13.1 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
ENGINEER's address:
4170 West MLK Blvd., Suite 907
Fayetteville, AR 72704
Fayetteville Master Plan Update Contract 11072019.doc 7
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER 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
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 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.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER 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 ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER 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.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER'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.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER'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 ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Fayetteville Master Plan Update Contract I I072019.doc 8
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER 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. ENGINEER shall also maintain the financial information and data used by
ENGINEER 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. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 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.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER 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 employeds or bona fide
established commercial or selling agencies maintained by ENGINEER 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
Fayetteville Master Plan Update Contract 1 1072019.doc 9
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER'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 ENGINEER 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.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 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, ENGINEER 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
ENGINEER
Daniel Jackson
Title: Vice -President
FOR PROFESSIONAL ENGINEERING SERVICES
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10
APPENDIX A
SCOPE OF SERVICES
A. SCOPE OF SERVICES: The Services to be provided under this Agreement shall consist of providing
Flow Monitoring, Update and Calibration of Hydraulic Model, Hydraulic Capacity Analysis, Wastewater
Collection System Master Plan Update and Report.
GENERAL:
The ENGINEER agrees to perform professional services in connection with the PROJECT as hereinafter
stated.
The ENGINEER will serve as the CITY OF FAYETTEVILLE'S professional engineering representative
for the PROJECT and will give consultations and advice to CITY OF FAYETTEVILLE during the
performance of these services.
A.1 PROJECT ADMINISTRATION AND MANAGEMENT:
A.1.1 PROJECT ADMINISTRATION:
Meet with CITY OF FAYETTEVILLE staff on a periodic basis, to update previous investigative work, to
coordinate upcoming work, and to receive any input from staff. Written documentation of each meeting
will be provided.
A.I.1.1 Perform general consultation with appointed CITY OF FAYETTEVILLE representative
on an as -needed basis. Provide general overview opportunities for CITY OF
FAYETTEVILLE personnel for observing regularly scheduled field inspection and
testing activities.
A.l .1.2 Perform internal project control procedures on a monthly basis including schedule and
budget control, quality control review, and monthly progress reports.
A.1.2 DATA MANAGEMENT:
Obtain existing information provided by CITY OF FAYETTEVILLE including maps, flow and
rainfall records, facility as -built drawings, pump curves, overflow occurrence records, CIP status
and other pertinent information. CITY OF FAYETTEVILLE will provide ArcView shape files,
including contours, and atlas pages of the wastewater collection system and all relevant reports
and appendices necessary to prepare the COLLECTION SYTEM MASTER PLAN. It is
anticipated that CITY OF FAYETTEVILLE will provide ENGINEER detailed winter water usage
data by service address.
Appendix A
Page l of 8
A.1.3 WORKSHOPS:
Workshops will be conducted with the CITY OF FAYETTEVILLE staff to establish the
methodologies for creating the MASTER PLAN document. Additional workshops will also be
used to establish the criteria and assumptions needed to perform the monitoring program, construct
the hydraulic model, calibrate the model, and develop any improvement alternatives. The
workshop is expected to cover:
(i) Goals and purpose for the selected monitoring locations
(ii) Modeling criteria such as population estimates, loading estimates, dry and weather calibration
methodologies, model construction, model integration, land use estimates, etc.
(iii) Improvement alternatives based on design storm and model run strategies
(iv) A total of three (3) workshops are anticipated. These will occur at the milestones of the
following:
1. Model Update
2. Flow Monitoring
3. Model Evaluation
A.2 FLOW MONITORING:
The flow monitoring program is intended to collect both dry and wet weather flows for a 90 -day period. It
is anticipated that twenty (20) temporary flow meters owned by the ENGINEER will be installed, serviced
and calibrated by ENGINEER on a regular basis.
A.2.1 SITE INVESTIGATION FOR TEMPORARY METERS:
A.2.1.1 Review the collection system maps, operational information for the collection system,
and the proposed hydraulic model network to select strategic flow monitoring locations.
A.2.1.2 Prepare and submit to CITY OF FAYETTEVILLE staff a map that shows the proposed
flow monitoring sites. It is anticipated to utilize the same monitoring locations as the last
master plan update.
A.2.2 METER INSTALLATION:
A.2.2.1 Prepare flow metering equipment for field installation conducting a series of performance
and calibration tests to verify equipment meets operating standards. Inspect the key
monitoring locations to determine their suitability for installation of the equipment. If a
location is identified as being unsuitable, then alternative sites will be identified and
evaluated to determine their suitability for installing the selected equipment.
A.2.2.2 A ninety (90) day monitoring period is predicated on obtaining sufficient dry and wet
weather conditions that include at least four (4) storm events of varying rainfall
intensities in order to adequately develop and calibrate the hydraulic model. 20 temporary
flow meters are assumed in the cost proposal. In the event of adequate rainfall during the
90 -day monitoring period, flow meters may be pulled and a credit applied as approved by
CITY OF FAYETTEVILLE.
Appendix A
Page 2 of 8
A.2.3 METER MAINTENANCE:
A.2.3.1 Maintain the temporary flow meters over the monitoring period to achieve at least a 90%
uptime requirement. Routine service visits shall be performed on a bi-weekly basis to
include in-situ depth and velocity confirmations, downloading recorded data, onsite
analysis of the data, cleaning of the sensors, and replacing any defective or deficient
equipment. In the event telemetry is used, data shall be downloaded and evaluated on a
weekly basis. Data shall be reviewed within 24 hours of collection and field technicians
will be dispatched within 48 hours to correct any issues identified.
A.2.3.2 Meter Removal (Temporary Meters):
In the event the dry and wet weather criteria have been met by the end of the scheduled
monitoring period, recommend the removal of flow meters. If the criteria have not been
observed during the scheduled monitoring period, advise CITY OF FAYETTEVILLE to
consider extending the monitoring period.
A.2.4 RAIN GAUGE INSTALLATION:
A.2.4.1 Prepare tipping bucket rain gauge equipment for field installation conducting a series of
performance and calibration tests to verify equipment meets operating standards. CITY
OF FAYETTEVILLE shall recommend CITY OF FAYETTEVILLE-owned sites for
potential rain gauge locations. Inspect the proposed gauging locations to determine their
suitability for installation of the equipment. If a location is identified as being unsuitable,
then alternative sites will be identified and evaluated to determine their suitability for
installing the selected equipment.
A.2.4.2 Install rain gauges with 0.01 inch accuracy to satisfy coverage requirements.
A.2.4.3 A ninety (90) day monitoring period is predicated on obtaining at least four (4) storm
events of varying rainfall intensities in order to adequately develop and calibrate the
hydraulic model. Ten (10) temporary rain gauges are assumed in the cost proposal.
A.2.5 RAIN GAUGE MAINTENANCE:
A.2.5.1 Service rain gauges to obtain a continuous record of rainfall conditions during the
monitoring period. Routine service visits shall be performed on a bi-weekly basis to
include reading confirmations, downloading recorded data, onsite analysis of the data,
cleaning and replacing any defective or deficient equipment. In the event telemetry is
used, data shall be downloaded and evaluated on a weekly basis. Data shall be reviewed
within 24 hours of collection and field technicians will be dispatched no later than the
following working day to correct any issues identified.
A.2.5.2 Rain Gauge Removal (Temporary Rain Gauges):
In the event the dry and wet weather criteria have been met by the end of the scheduled
monitoring period, recommend the removal of rain gauges. If the criteria have not been
observed during the scheduled monitoring period, advise CITY OF FAYETTEVILLE to
consider extending the monitoring period.
Appendix A
Page 3 of 8
A.2.6 FLOW ANALYSIS AND REPORTS:
A.2.6.1 Edit raw data and develop final calibrated flow data for flow meters.
A.2.6.2 Develop depth, velocity and quantity hydrographs for dry and wet weather flow
conditions.
A.2.6.3 Utilizing the hydraulic model, confirm that the existing model calibration is valid. Make
minor adjustments to the model for flow routing
A.3 HYDRAULIC MODEL UPDATE:
The existing hydraulic model currently contains a hydraulic network calibrated in 2013. The model data in
InfoWorks CS model software will be upgraded to InfoWorks ICM model software. All sewer segments
constructed since the calibration in 2013 will be input into the model for a complete model network.
For all sewer segments, invert and rim elevations will be obtained from the existing model, GIS, atlases,
contour data or from record drawings.
A.3.1 TASKS FOR CONSTRUCTION OF HYDRAULIC MODEL:
A.3.1.1 Import existing GIS data into the InfoWorks model software.
A.3.1.2 Obtain record drawings of all available sewers. Obtain invert elevations, diameters, and
length data and input to model database.
A.3.1.3 Conduct field surveys of selected sewer segments to verify or resolve any elevation
discrepancies. A total of 300 manhole surveys are included in the scope. Prior to survey,
CITY OF FAYETTEVILLE shall verify location of the manholes with a pin flag or paint,
uncover any buried manholes, and verify that all covers can be removed and are not
seized.
A.3.1.4 Obtain and review record drawings of all flow equalization basins and input into model
database.
A.3.1.5 Obtain and review record drawings for pump stations and associated force mains and
pump curves for major pump stations and input into model database. CITY OF
FAYETTEVILLE to provide operational data for all pump stations, including pump
curves, operational ON/OFF setpoints, and any operational changes on pump stations.
A.3.1.6 Redefine any sub -basin or catchment boundaries as needed due to system changes.
A.3.1.7 Review profiles of all sewer lines and check for continuity and accuracy of model
geometry.
A.3.1.8 Perform visual field inspections as needed to resolve data conflicts.
A.3.1.9 Recommend additional survey information as required, to ensure model integrity.
Appendix A
Page 4 of 8
A.3.1.10 Update population and land use data to reflect current conditions.
A.4 MODEL VERIFICATION:
The newly updated model will be verified for wet and dry conditions based on flow data from the flow
monitoring task.
A.4.1 TASKS FOR MODEL VERIFICATION:
A.4.1.1 Select dry weather period from flow data.
A.4.1.2 Develop dry weather flow unit equivalents.
A.4.1.3 Verify model to dry weather weekday and weekend conditions.
A.4.1.4 Evaluate the design storm scenarios and evaluate the impact on the sewer collection
system.
A.4.1.5 Verify model based on selected storm events.
A.4.2 The model will be verified by adjusting various parameters in the model until the model flows
match the depth, velocity, and flow recorded by the flow meters. Where the model data cannot be
adjusted within acceptable parameters to match monitored conditions, field investigations may be
performed to evaluate actual system performance.
r
A.5 HYDRAULIC CAPACITY ANALYSIS:
A.5.1 Using the verified computer model, ENGINEER shall perform a system analysis for existing dry
weather conditions. Normal wastewater production and dry weather infiltration flow components
versus available pipe capacity will be analyzed to determine if any potential dry weather hydraulic
capacity problems currently exist.
A.5.2 ENGINEER will consult with the CITY OF FAYETTEVILLE to select a Design Storm Event to
evaluate the collection system capacity for wet weather conditions. It is anticipated that the same
design storm utilized for past modeling (5-year/24-hour storm event with 2-year/60-minute peak
intensity) will be utilized in this Update.
A.5.3 Using the selected design storm event, ENGINEER shall perform a system hydraulic analysis
under existing population conditions to identify any capacity restrictions within the collection
system and determine for each sewer segment, pump station, and force main in the model, the
peak flows and the percentage of capacity used for the selected wet weather condition.
A.5.4 Using the selected design storm event, the ENGINEER shall confirm previously recommended
upgrades for 2030 are still valid.
A.5.5 Using the selected design storm event, the ENGINEER shall confirm previously recommended
upgrades for ultimate build -out are still valid.
A.5.6 Utilizing the model for the selected design storm event ENGINEER will estimate the average daily
Appendix A
Page 5 of 8
flow and peak hour and peak day flows for the WWTPs for the two population scenarios described
above.
A.6 COLLECTION SYSTEM MASTER PLAN / REPORT:
The COLLECTION SYSTEM MASTER PLAN consists of several tasks to evaluate the existing system
performance and develop any necessary improvement alternatives to transport the projected flows for the
scenarios described above.
A.6.1 TASKS FOR COLLECTION SYSTEM MASTER PLAN / REPORT:
A.6.1.1. Level of rainfall induced inflow and groundwater infiltration (1/I).
A.6.1.2 Prioritization of each monitored area for future SSES recommendations.
A.6.1.3 Any necessary capacity improvements for full conveyance to the WWTPs.
A.6.1.4 Peak flow management to downsize, defer or eliminate full conveyance alternative.
These may include:
(i) additional system storage
(ii) flow diversion/rerouting
(iii) I/1 reduction
(iv) combination of alternatives
A.6.1.5 Existing & future wastewater flow rates to WWTPs
A.6.1.6 Develop COLLECTION SYSTEM MASTER PLAN capital improvement plan (CIP).
A.6.1.7 A draft report will be prepared and three (3) copies submitted to the CITY OF
FAYETTEVILLE. The report will include a summary of each task performed and
include appendices of all relevant information. After review by the CITY OF
FAYETTEVILLE staff, comments will be incorporated into a final report and three
(3) copies will be submitted to CITY OF FAYETTEVILLE. An electronic copy of the
final report, and an editable, electronic copy of the hydraulic model, will also be provided
to the CITY OF FAYETTEVILLE.
Appendix A
Page 6 of 8
APPENDIX A
COMPENSATION
In consideration of the services to be performed under this Agreement, RJN GROUP, INC. shall be paid
as per the following compensation schedule.
Task
Task Description
Qty.
Units
Unit Rate $
Total Cost $
1
Project Administration
1
LS
$ 40,780.00
$
40,780.00
Project Admin/Meetings/Workshops
2
Flow Monitoring
FM Investigation / Installation / Maint
20
EA
$ 7,968.53
$
159,370.60
RG Investigation / Installation / Maint
10
EA
$ 862.60
$
8,626.00
3
Manholes Surveys
300
EA
$ 90.00
$
27,000.00
4
Hydraulic Model Update
I
LS
$ 62,752.00
$
62,752.00
5
Model Verification
1
LS
$ 32,512.00
$
32,512.00
6
Hydraulic Capacity Analysis
1
LS
$ 15,444.00
$
15,444.00
7
Collection System Master Plan / Report
1
LS
$ 29,416.00
$
29,416.00
8
Direct Costs
1
LS
$ 32,643.00
$
32,643.00
Total Cost
$ 408,543.60
1/ - Direct costs are associated with the LS unit tasks.
Appendix A
Page 7 of 8
APPENDIX A
SCHEDULE
The project is planned to be completed according to the schedule below with an anticipated Notice to
Proceed in January 2020.
Work will be completed by December 31, 2020.
RJN GROUP, INC. shall employ manpower and other resources and use professional skill and diligence to
meet the schedule: however, RJN GROUP, INC. shall not be responsible for schedule delays resulting
from conditions beyond his control. With mutual agreement, RJN GROUP, INC. and the CITY OF
FAYETTEVILLE may modify the project schedule during the course of the project and if such
modifications affect the RJN GROUP, INC.'s compensation, it shall be modified accordingly, subject to
the CITY OF FAYETTEVILLE's approval.
Appendix A
Page 8 of 8
RJN Group, Inc.
PROFESSIONAL ENGINEERING SERVICES
MASTER PLAN UPDATE
FAYETTEVILLE, ARKANSAS
FEE SCHEDULE
Hourly Wage Rates ---F$-225-0-07$191.00
$127.50 1 $112.50 J$79.00 1 $68.00 J$93.50 J$90.00 1 $75.00
Estimated Man -hours
PD PM PE FM FS FT I
GIS
I DA I CL i
Task Hours
Direct Cost
Breakdown
Master Plan Update
1 Project Administration
ProjectAdmin/Meetings/Workshops
4 Hydraulic Model Update
5 Model Verification
6 Hydraulic Capacity Analyisis
7 Collection System Master Plan / Report
56 80 40 40 0 0 0 20 20 256
$40780.00
16 32 64 0 0 0 480 0 0 592
$62,752.00
4 32 200 0 0 0 0 0 0 236
$32,512.00
12 24 64 0 0 0 0 0 0 100
$15,444.0
24 56 64 0 0 0 0 24 40 208
$29,416.0
Subtotal Master Plan Update
112 224 432 40
0 0
480
44 60
1392
$180,904.00
City. Units
Unit Rate $
Total Cost $
Unit Pricing
2 Flow Monitoring
FM Investigation
FM Installation /Removal
FM Maintenance
RG Investigation / Installation / Maint
Data Management
3 Manholes Surveys
20 EA
20 EA
1800 MTR DAY
10 EA
90 DAY
300 EA
444.27
$ 1,051.46
$ 53.92
$ 862.60
$ 360.00
$ 90.00
$8,885.4
$21,029.2
$97,056.
$8,626.0
$32,400.00
$27,000.0
Subtotal Unit Pricing
$194,996.60
Direct Costs
4220 Subcontractors: pass-through costs (inc. 10% m/u)
4400 Printing: Maps, door hangers, copying, reprographics
4660 Field Supplies: Batteries / Candles / Pans / Crew Supplies
4690 Operating Costs: office, storage, utilities, bonds, permits, licenses
4750 Travel: apt., hotel, air, car rental, meals, gas, company vehicle use
4950 Shi in : UPS, Airborne, Postage
1 LS 1
$ 22 500.00
$22,500.0
1 LS $ 1,000.00
$1,000.00
1 LS $ 2,000.00
$2,000.001
1 LS $ 280.00
$280.00
1 LS $ 4,088.00
$4,088.00
1 LS $ 2,775.00
$2,775.00
Subtotal Direct Costs
$32,643.00
TOTAL PROJECT:1
$408,543.60