2002-361ORDINANCE NO. 2002- ~.~ /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH RJN GROUP, INC. FOR PROFESSIONAL ENGINEERING
SERVICES RESPECTING THE FINAL DESIGN SERVICES RELATED TO
INFILTRATION/INFLOW CORRECTIONS FOR THE EASTERN PECAN CREEK
AND HICKORY CREEK BASINS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to continue to
engage RJN Group, Inc., a Corporation, of Dallas, Texas ("RJN"), to provide professional
engineering services pertaining final design services related to infiltration/inflow
corrections for the Eastern Pecan Creek and Hickory Creek Basins, known as Phase II of
the Agreement; and
WHEREAS, heretofore, in May 2002, the City entered into an Agreement with
RJN for Phase I services, which Agreement was approved by the City Council, which
included, without limitation closed circuit television inspection of approximately 100,000
linear feet of sewer lines included in both the Eastern Pecan Creek and the Hickory Creek
Basins. This examination determined that approximately 39,000 linear feet of the sewer
lines examined would need replacement. Determination of how these sewer lines will be
replaced, and the production of plans and specifications for this sewer line replacement is a
part of the Phase 1I services; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above-referenced professional engineering services, and that
limited City staff cannot adequately perform the specialized services and tasks with its own
personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a First
Amendment to Professional Services Agreement ("First Amendment") with RJN Group,
Inc., a Corporation, of Dallas, Texas, for professional engineering services pertaining to
the final design services related to infiltration/inflow corrections for the Eastern Pecan
Creek and the Hickory Creek Basins, in a further amount not to exceed $375,680; in
substantially the form of the First Amendment to Professional Services Agreement
attached hereto and incorporated herewith by reference.
SECTION 2: That the award of this First Amendment by the City is on the basis
of the demonstrated competence, knowledge, and qualifications of RJN and the
demonstrated ability of RJN to perform the services needed by the City for a fair and
reasonable price.
SECTION3: That the expenditure of funds as provided in the attached First
Amendment is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
,200 .
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: .-
S:\Our Doeuments\Ordinances\02W, JN Omup First Amendment to PSA-M-Corrections Ord.doe
STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
RESPECTING THE FINAL DESIGN SERVICES
RELATED TO INFILTRATION/INFLOW CORRECTIONS
FOR THE EASTERN PECAN CREEK AND HICKORY CREEK BASINS
~,_~z~ THIS FIRST AMENDMENT TO AGREEMENT is made and entered into as of the
, day of /vJ~t'.Z6~ $~j ,2002, by and between the City of Denton, Texas, a
Texas Municipal ~2orporation, with its principal offices at 215 East McKinney Street,
Denton, Texas 76201 (hereafter "OWNER") and the RJN Group, Inc., an Illinois
corporation, with its offices at 12160 Abrams Road, Suite 200, Dallas, Texas 75243
(hereafter "CONSULTANT"); the parties acting herein, by and through their duly-
authorized representatives and officers.
WITNESSETH, that in consideration of the mutual promises, covenants, agreements
herein, and in consideration of the premises, the parties hereto do mutually AGREE as
follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
HERETOFORE, on the 14th day of May, 2002, OWNER and CONSULTANT made
and entered into a "Professional Services Agreement for the Infiltration/Inflow Study and
Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins" (hereafter the
"Agreement"). This Agreement provided for Phase I services, was for an amount not to
exceed $407,282, and was duly approved by Ordinance of the City Council of the City of
Denton, Texas.
The OWNER hereby contracts with CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the Phase 1I services herein described in
connection with the Project as stated in the Articles to follow, with diligence and in
accordance with the professional standards customarily obtained for such services in the
State of Texas. The professional services set forth herein are in connection with the
following described project (the "Project"):
Professional engineering services pertaining to the final design services related to the
Infiltration/Inflow Study corrections for the Eastern Pecan Creek and the Hickory Creek
Drainage Basins (Phase II).
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner.
A. To perform those professional services as set forth in the Scope of Service: Iii Study
and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins Project for the
City of Denton, Texas prepared on October 17, 2002 by CONSULTANT for OWNER;
which document is a ten (10) page document that is attached hereto as Exhibit "Amendment
No. 1," and is incorporated herein by reference; which document is also comprised of and
includes the "Schedule of Costs" and "Estimated Level of Effort."
B. If there is any conflict, or if any conflict arises between the terms of this Agreement
and Exhibit "Amendment No. 1" attached to this Agreement, the terms and conditions of this
Agreement shall control over the terms and conditions of said Exhibit.
ARTICLE IH
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included as Basic Services in the above-described Scope of
Services, set forth as provided by Article II above, shall be later agreed-upon by OWNER
and CONSULTANT, who shall determine, in writing, the scope of such additional services,
the amount of compensation for such additional services, and other essential terms
pertaining to the provision of such additional services by the CONSULTANT.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon its execution by the OWNER and the
CONSULTANT, and upon the issuance of a notice to proceed by the OWNER, and shall
remain in force and effect for the period that may reasonably be required for the completion
of the Project, including Additional Services, if any, and any required extensions approved
by the OWNER. This Agreement may be sooner terminated in accordance with the
provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make
all reasonable efforts to complete the services set forth herein as expeditiously as possible
and to meet the schedule reasonably established by the OWNER, acting through its City
Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
"Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT in the employment of others in outside firms, for services in the area of
professional engineering, or related services. Any subcontractor or sub-consultant billing
reasonably incurred by the CONSULTANT in connection with the Project, shall be invoiced
to OWNER at the actual cost plus ten percent.
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"Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-
of-pocket expense reasonably incurred by the CONSULTANT in the performance of this
Agreement for long distance telephone charges, telecopy charges, messenger services,
printing and reproduction expenses, out-of-pocket expenses for purchased computer time,
prudently incurred travel expenses related to the work on the Project, and similar incidental
expenses incurred in connection with the Project.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be performed by the
CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the
satisfactory completion of the Basic Services tasks set forth in the Scope of Services as
shown in Article H above; as follows:
1. CONSULTANT shall perform its work on this Project in accordance with the
provisions of those tasks that are described and as set forth in Exhibit "Amendment No. 1"
attached hereto and incorporated herewith by reference. CONSULTANT shall bill from
time sheets, on a once-monthly basis, in minimum 1/4 hour or smaller time increments, at
the hourly Billing Rates or as otherwise provided. For and in consideration of the
professional services to be performed by the CONSULTANT herein, the OWNER agrees to
pay a further fee, at an hourly rate shown in Exhibit "Amendment No. 1" which is
incorporated herewith by reference, a total additional fee, including reimbursement for direct
non-labor expenses and for its subcontractor expense, an amount not to exceed $375,680.
2. Partial payments to the CONSULTANT will be made monthly in accordance with
the statements reflecting the actual completion of the Basic Services, rendered to and
approved by the OWNER through its City Manager or his designee. However, under no
circumstances shall any monthly statement for services exceed the value of the work
performed at the time a statement is rendered. The OWNER may withhold the final ten
(10%) percent of the above not-to-exceed amount until satisfactory completion of the
Project by the CONSULTANT.
3. Nothing contained in this Article shall require the OWNER to pay for any work
which is unsatisfactory as reasonably determined by the City Manager or his designee, or
which is not submitted by CONSULTANT to the OWNER in compliance with the terms of
this Agreement. The OWNER shall not be required to make any payments to the
CONSULTANT at any time when the CONSULTANT is in default under this Agreement.
4. It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require
additional payments by the OWNER for any charge, expense or reimbursement above the
not-to-exceed amount as stated hereinabove, without first having obtained the prior written
authorization from the OWNER. CONSULTANT shall not proceed to perform any services
to be later provided for under Article III "Additional Services" without first obtaining prior
written authorization from the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III hereinabove, CONSULTANT shall be paid based on a to-be-agreed-
upon Schedule of Charges. Payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Article V.B.
hereinabove. Statements for Basic Services and any Additional Services shall be submitted
to OWNER no more frequently than once monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within forty-five (45) days after receipt of the CONSULTANT'S
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month fxom and after the said forty-fifth (45th) day, and in
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid in
full for all monies then due and owing, and not disputed by OWNER, for services, expenses
and charges. Provided, however, nothing herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth herein, if the OWNER reasonably
determines that the CONSULTANT's work is unsatisfactory, in accordance with Article
V.B. of this Agreement, and OWNER has notified CONSULTANT of that fact in writing.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering
and promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any of its subcontractors or sub-consultants.
ARTICLE VII.
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or sub-consultants) pursuant to this Agreement are instruments of service and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared
and furnished by the CONSULTANT are intended only to be applicable to this Project and
OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and
expense. In the event the OWNER uses the Agreement in another project or for other
purposes than specified herein any of the information or materials developed pursuant to this
Agreement, CONSULTANT is released from any and all liability relating to their use in that
project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not
as an employee of the OWNER. CONSULTANT shall not have or claim any right arising
fi:om employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and
its officials, officers, agents, attorneys and employees fi:om and against any and all hability,
claims, demands, damages, losses and expenses, includ'mg but not limited to court costs and
reasonable attorney fees incurred by the OWNER, and including without limitation damages
for bodily and personal injury, death, or property damage, result'mg fi:om the negligent acts
or omissions of the CONSULTANT or its officers, shareholders, agents, subcontractors,
sub-consultants, attorneys, and/or employees in the execution, operation, or performance of
this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who
is not a party to this Agreement and nothing herein shall waive any of the party's defenses,
both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to
this Agreement, includ'mg the defense of governmental immunity, which defenses are
hereby expressly reserved.
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the
State of Texas by the State Insurance Board or any successor agency, that has a rating 5vith
A. M. Best Rate Carders of at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate; and with
property-damage limits of not less than $100,000 for each occurrence, and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than '$500,000
for each person and not less than $500,000 for each accident; and with property damage
limits for not less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements and
Employer's Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual
aggregate.
E. CONSULTANT shall furnish insurance certificates or insurance policies to the
OWNER to evidence such insurance coverage. The insurance policies shall name the
OWNER as an additional insured on all such policies to the extent that is legally possible,
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and shall contain a provision that such insurance shall not be cancelled or modified without
at least thirty (30) days prior written notice to OWNER and CONSULTANT. In such event,
the CONSULTANT shall, prior to the effective date of the change or cancellation of
coverage, deliver copies of any such substitute policies, furnishing at least the same policy
limits and coverage, to OWNER.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution such as mediation. No
arbitration or alternate dispute resolution arising out of or relating 'to, this Agreement
involving one party's disagreement, may include the other party to the disagreement without
the other's approval.
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate
this Agreement by providing thirty (30) days advance written notice to the other party.
B. This Agreement may alternatively be terminated in whole or in part in the event of
either party substantially failing to fulfill its obligations under this Agreement. No such
termination will be effected unless the other party is given (1) written notice (delivered by
certified mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days
to cure the failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If this Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services upon receipt of the written
notice of termination from OWNER, and shall render a fmal bill for services to the OWNER
within twenty (20) days after the date of termination. The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed, and for
reimbursable expenses prior to notice of termination being received by CONSULTANT, in
accordance with Article V. of this Agreement. Should the OWNER subsequently contract
with a new consultant for the continuation of services on the Project, CONSULTANT shall
cooperate in providing information to the OWNER and to the new consultant. If applicable,
OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the
Project to a new consultant. CONSULTANT shall mm over all documents prepared or
furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the.
date of termination, but may maintain copies of such documents for its files.
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ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute, nor be deemed a release
of the responsibility and liability of the CONSULTANT, its officers, employees, agents,
subcontractors, and sub-consultants for the accuracy and competency of their designs or
other work performed pursuant to this Agreement; nor shall such approval by the OWNER
be deemed as an assumption of such responsibility by the OWNER for any defect in the
design or other work prepared by the CONSULTANT, its principals, officers, employees,
agents, subcontractors, and sub-consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered to; or telecopied to; or mailed to the respective parties by
depositing same in the United States mail at the addresses shown below, postage prepaid,
certified mail, return receipt requested, unless otherwise specified herein:
To CONSULTANT:
RJN Group, Inc.
Attn: Jeff Plymale
12160 Abrams Road, Suite 200
Dallas, Texas 75243
Fax: (972) 437-2707
To OWNER:
City of Denton, Texas
City Manager
215 E. McKinney
Denton, Texas 76201
Fax: (940) 349-8596
All notices given under this Agreement shall be effective upon their actual receipt by the
party to whom such notice is given.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of eleven (11) pages and one (1) Exhibit constitutes the
complete and fmal expression of the agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, understandings,
7
and agreements which may have been made in connection with the subject matter of this
Agreement.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder
of this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such
event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to
expressing the original intentions of the parties respecting any such stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations,
and ordinances applicable to the work performed by CONSULTANT hereunder, as they may
now mad or as they may hereatter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not
discriminate against any person on the basis of race, color, religion, sex, national origin or
ancestry, age, or physical handicap.
ARTICLE XIX
PERSONNEL
A. CONSULTANT represents that it has or will secure at its own expense all personnel
required to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT
shall immediately inform the OWNER in writing of any conflict of interest or potential conflict
of' interest that CONSULTANT may discover, or which may arise during the term of this
Agreement.
B. All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services.
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ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not
transfer any interest in this Agreement (whether by assignment, novation or otherwise) without
the prior written consent of the OWNER. CONSULTANT shall further promptly notify
OWNER in writing of any change of its name as well as of any significant change in its
corporate structure, its business address, its operations, or regarding its solvency.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto arising out of, or affecting this Agreement,
or the fights or obligations of the parties hereunder, unless such waiver or modification is in
writing, duly executed. The parties further agree that the provisions of this Article will not be
waived unless as herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following Exhibit is attached to, incorporated herewith by reference, and is made a
part of this Agreement for all purposes pertinent:
Exhibit "Amendment No. 1" - Scope of Services/Schedule of Costs/Estimated Level of Effort.
B. CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the
final payment made by OWNER under this Agreement, have access to and the right to examine
any directly pertinent books, documents, papers and records of the CONSULTANT involving
transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access
during normal working hours to all necessary CONSULTANT facilities and shall be provided
adequate and appropriate working space in order to conduct examinations or audits in
compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of
all intended examinations or audits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas.
D. For purposes of this Agreement, the parties agree that the Project Principal shall be Hugh
Kelso, Principal, and the key pe~uns who will perform most of the work as the Project Team,
include the Project Manager, Tom Harris, P.E., under, and in accordance with this Agreement,
shall be as specifically identified and set forth in the organizational chart included in the March
9
28, 2002 proposal submitted in response to Request for Proposal No. 2830. This Agreement has
been entered into with the understanding, expectation, and the OWNER's reliance, that the
above-stated employees of CONSULTANT shall perform all or a significant portion of the work
on the Project. Any proposed changes regarding the change of the Project Manager or other key
personnel, requested by CONSULTANT, respecting one or more of the above-stated employees,
shall be subject to the approval of the OWNER, which approval the OWNER shag not
unreasonably withhold. Nothing rein shall limit CONSULTANY from using other qualified and
competent members of its firm to perform the other incidental services required herein, under its
supervision or control.
E. CONSULTANT shall commence, carry on, and complete its work on the Project with
all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with
the provisions hereof in accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with any related work
being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available information pertinent to the Project, including previous reports, any other
data relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement. OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by
OWNER without the need for further inquiry or investigation into such information.
G. The captions of this Agreement am for informational purposes only and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this
Agreement in four (4) original counterparts, by and through its duly authorized City Manager,
and CONSULTANT has executecJ this Agree, paent by, and through its duly authorized
undersigned officer on this the ~5-~ day of c~/Pbt~/?~ , 2002.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: ~
"CONSULTANT"
RJN Group, Inc.
An Illinois Corporation
By: ~ p~ //.~o
Hugh ~2elso, Principal
ATTEST:
By:
S:\Our Documents\Contracts\02~Revised RJN First Amendment to PSA-WW3-2002.do¢
11
AMMENDMENT NO. 1
Ill Study and Rehabilitation for Eastern Pecan and
Hickory Creek Drainage Basins
PROJECT DESCRIPTION
The scope of services under this Amendment includes the provision of engineering design
and related construction administrative services as deseribcd herein. The total footage of
design services is based on 3'8,719 feet of sewer piping that has been identified and
recommended for rehabilitation and improvement.
1) Project Administration
Project adminislxation includes the supervision and management of all aspects of the design
contract including the CONSULTANT'S staff and subcontractors as described herein. The
CONSULTANT shall maintain project cost controls, project scheduling and provide
regular status reports.
A meeting will be held to initiate the design phase and to discuss the planning and design
criteria, work program and schedule, procedures of communication, basis of compensation,
additional survey requirements, assignments of personnel, and any other matters that may
have direct or indirect effects upon the completion and results of this project. Monthly
progress status meetings shall be conducted throughout the project at regular intervals. The
CONSULTANT'S scope of services is based on attending 12 status meetings.
2) Basic Services - Design
The engineering design services to follow shall be performed by basin; Eastern Pecan and
Hickory Creek shall be performed as two separate projects (two sets of construction plans
and specifications) and include the following tasks for each:
A. Preliminary Design
1)
Obtain from the CITY, electronic or hardcopy files containing all available
pertinent survey data including easements, street right-of-way widths, existing
pavement, utilities and drainage systems, benchmark elevations, and other data that
may be useful in considering the alignment, location, final design, and construction
of the proposed improvement. Generation of necessary data required for design that
is not readily available from the CITY is the sole responsibility of the
CONSULTANT.
2) CONSULTANT shall provide a list of as-built drawings needed for use in the
performance of design to which the CITY will provide the documents.
3) Determine from a field reconnaissance of the project area the construction method
for each replacement line.
10/24/2002 A (1) RJN GROUP, Inc.
AMMENDMENT NO. 1
UI Study and Rehabilitation for Eastern Pecan and
Hickory Creek Drainage Basins
4) Evaluate and recommend any alignment adjustments that could be affected by such
conditions as relocation, pipe upsizing, conflicting utilities, or easement
requirements.
5) The replacement utilities will generally be in the same location as the existing
utilities and shall include consideration of the following:
(a) Access for fire, police, and other emergency vehicles
Co) Maintenance for service during construction
(c) Access for property owners to their respective driveways
(d) Minimum inconvenience to adjacent property owners
6)
Present brief conceptual design report, which shall include cost projections and
recommendations to the CITY. This report shall address location of utilities within
the right-of-way and additional right-of-way/easement requirements. The report
shall be submitted at the thirty percent (30%) completion stage in a meeting with
the CITY.
7)
Upon the approval of the conceptual design, proceed with preparing the plan sheets
for design (CAD), at the direction of the CITY. Plan and profile sheets shall be
done in 1"=40' scale unless otherwise agreed to for congested areas.
8) Obtain survey data required based on the preferred alignment determined in the
conceptual design phase.
9) Prepare layouts of proposed piping improvements and other related appurtenances.
10) Investigate and resolve conflicts with existing utility (water, sewer, drainage, gas,
telephone, and electric) locations, depths, etc.
11) Prepare preliminary "Opinion of Probable Construction Costs."
12) Prepare preliminary work on: (a) Standard specifications
(b) Special conditions
(c) Proposal, bid schedule, and contract documents
Specifications may be based on CONSULTANT's or CITY's specifications to be
determined and agreed upon by CITY representative.
13) Field verify preliminary drawings and specifications.
14) Submit a minimum of five (5) copies of the preliminary plans and three (3) copies
of the preliminary specifications to the CITY for review. This submittal shall be at
the ninety percent (90%) completion stage and shall include all pertinent sheets.
10/24/2002 A (2) RJN GROUP, Inc.
AMMENDMENT NO. 1
UI Study and Rehabilitation for Eastern Pecan and
Hickory Creek Drainage Basins
15) Meet with the CITY to discuss review comments on preliminary design before
proceeding with final design.
16) Based on review comments from the CITY, submit plans that will be forwarded by
the CONSULTANT to the utility companies for review and comment.
17) Identify the extent of any temporary or permanent easements or right-of-way
required. Provide information for the preparation of documents required for right-
of-way acquisition, as necessary.
B. Final Design
1) Prepare construction plans to address comments of the CITY, the utility companies,
and other agencies from the preliminary design reviews. Finalize the design of the
sewer lines and other pertinent items. Complete plan set shall include:
(a) Cover Sheet
(b) Control Sheet
(c) Index and Location Map
(d) General Notes, Legends, Symbols & Abbreviations
(e) Plan and Profile Sheets
(f) Required Details
2) Develop any necessary additional design details.
3) Prepare final quantity of materials.
4) Prepare final "Opinion of Probable Construction Costs."
5) Submit five (5) copies of the pre-final plans and specifications to the CITY for final
review, discussions, and comment.
6) Provide updated plans for the utility companies, if necessary.
7) CONSULTANT shall identify in the construction documents that traffic control
plans are to be provided by the CONTRACTOR.
8) Meet with the CITY to discuss final review comments prior to preparing bid
package.
9) Revise finals plans to address review comments from the CITY and other agencies
affected by the project.
I 0)Prepare final bid schedule, special conditions, technical specifications, proposal,
and contract documents.
11) Revise final "Opinion of Probable Construction Costs," if necessary.
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AMMENDMENT NO. 1
I/l Study and Rehabilitation for Eastern Pecan and
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12) Present ten (10) sets of the final documents for the bidding phase to the CITY for
approval. This submittal shall be at the 100% completion stage and must include a
full size (22"x34") reproducible set of plans as well as the complete bid documents.
C. Summary of Design Deliverables
Final deliverables will include the following:
· Conceptual design report
· Preliminary design drawings and documents
· Final design plans, profile sheets and documents
· Project layout control showing pertinent survey data on the plan/profile sheets
and all pertinent construction notes. Local control shall be used per project
area.
· Final horizontal and vertical utility locations on the plan/profile sheets
· Final special design considerations and locations of appurtenances
· Finalize conduit plarffprofile -- Identify locations of all conflicts - Adjnst
horizontal and vertical alignment to optimize hydraulics, eliminate conflicts
and, maximize utility clearance
· Final plan/profile for the wastewater rehabilitation, other utility relocations and
adjustments, and identify special considerations and methods
· Pipe material specification based on design criteria, soil types and embedment
requirements
· Coordination plans to maintain continuous service for all utility and service
lines
Construction plans (blue line and reproducible black mylars) and corresponding
bid specifications as directed by the CITY. Provide original copies of approved
easements, field notes, and all pertinent documentations. CONSULTANT shall
also furnish an electronic copy of the final engineering plans in AutoCAD
format.
· Provide ten (10) sets of final plans, specifications, and bid item take-offs for the
preliminary contract bid package development.
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AMMENDMENT NO. 1
I/I Study and Rehabilitation for Eastern Pecan and
Hickory Creek Drainage Basins
3) Basic Services - Construction Assistance
Construction services to follow shall be performed by basin; Eastern Pecan and Hickory
Creek shall be bid and performed as two separate projects and include the following tasks
for each:
A. Advertising and Receiving Bids
1) The CITY shall advertise for the bids based upon a legal notice provided by the
CONSULTANT.
2) All plans, specifications, and bidding documents shall be distributed from the
CITY's Purchasing office from requests received by the bidders and suppliers.
3) Address any questions raised by the bidders and issue addenda though the CITY's
Purchasing department, as necessary.
B. Pre-Bid Meetings
Meet with the CITY, the Contractors, and other interested parties to discuss the contract
documents and clarify any concerns within the bidding documents. This scope of
services anticipates two bid openings.
C. Construction Inspection Services
CONSULTANT shall provide limited construction inspection services throughout the
project. Eight (8) site visits are to be performed under this contract; 2 for pre-
construction, two (2) for final inspection, and four (4) during the course of the
construction phase.
D. Change Order Review
Review and prepare any necessary change orders during construction within th~ hours
identified in the Estimated Level of Effort.
E. Summary of Construction Assistance Deliverables
· Attendance at two (2) pre-bid meetings
· Six (6) construction site visits
· Review change order requests
4) Special Services
A. Geotechnical Services
In the event that both the CITY and CONSULTANT determine it is necessary to
provide geological analysis, CONSULTANT shall be compensated per the unit rates
10/24/2002 A (5) RJN GROUP, Inc.
AMMENDMENT NO. 1
I/I Study and Rehabilitation for Eastern Pecan and
Hickory Creek Drainage Basins
identified as an allowance in the Schedule of Costs. The allowance may not be
exceeded without prior written approval of the OWNER.
B. Vertical and Horizontal Survey
The following survey data shall be obtained and applied in the development of
construction drawings.
1)
All survey shall be based on elevations and coordinates using City benchmarks if
feasible. If not, the surveyor shall establish local control for each project area.
Control between non-sequential line segments is not necessary.
2)
Existing above-ground utility appurtenances, structures, trees, curbs, pavements,
fences, property comers, block corners, points of curvature (PCs), points of tangents
(PTs), and points of intersection (Pis), etc. as necessary for the design of the
project.
3) Top of operating nuts and flags set by utility companies shall be tied to control.
4)
Existing manhole invert and rim elevations. Where there is only one (1) gravity
flow structure within the limits of the survey, the next adjacent structure upstream
and downstream shall be surveyed, and the flow line elevations shall be provided.
5) Existing pavement type.
6)
Provide location and elevation of underground utilities or structures as marked by
utility companies and as shown on record drawings. Coordinate with franchise
utility companies to have subsurface lines marked for field location.
7) All curb lines, driveways, building comers, fences, ditches, sidewalks, and other
above ground features shall be located as necessary for the design of the project.
8)
Natural ground elevations and top of curb elevations every fifty feet along the
proposed centerline and a minimum of 25 feet to each side of the centerline or
R.O.W to R.O.W., and all grade breaks shall be surveyed.
9) Spot elevations as required to facilitate the generation of one foot contours shall be
collected.
C. Easements
The CONSULTANT shall request easement research from the CITY where easements
may exist and are needed to support the improvements. In the event that easements
must be created, the CONSULTANT shall provide the legal description to the CITY.
Easements may include any right of access easements, temporary and permanent
easements. CITY shall secure right of entry with assistance from CONSULTANT as
necessary. CONSULTANT shall perform property research for cases where the CITY
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AMMENDMENT NO. 1
IH Study and Rehabilitation for Eastern Pecan and
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is unable to provide the necessary information. The CONSULTANT'S scope of
services shall be limited to 10 easements under this Agreement. The number of
easements assumed within this scope is identified in the Schedule of Costs.
D. Permits
The CONSULTANT shall identify permits needed to facilitate the rehabilitation and
construction improvements. Permits inchidc those needed from state and local
transportation authorities, railroad authorities, and 404 permits. The number of permits
assumed within this scope is identified in the Schedule of Costs. Any additional
permits beyond this amount shall require prior written approval from the CITY.
5) Citg Responsibilities
1)
Designate a person to act as CITY'S representative with respect to the services to be
rendered under this AGREEMENT. Such pemon shall have complete authority to
transmit instructions, receive information, interpret and define CITY'S policies and
decisions with respect to CONSULTANT'S services for the PROJECT.
2)
Provide all criteria end full information as to CITY'S requirements for the
PROJECT, including design objectives and constraints, space, capacity and
performance requirements, flexibility and expandability, and any budgetary
limitations; and furnish copies of all design and construction standards and
specifications, which CITY will require to be included in the PROJECT.
3) Provide as-built drawings based on requests provided by the CONSULTANT.
4)
Place at CONSULTANT'S disposal all available pertinent information including
previous reports and any other data relative to design or construction of the
PROJECT.
5)
Make available to CONSULTANT, as required for performance of
CONSULTANT'S Basic Services, the following:
(a) Data prepared by or services of others, including without limitations previous
sewer system reports and wastewater flow records and other special data or
consultations not covered in CONSULTANT'S services; all of which
CONSULTANT may rely upon in performing his services.
6) In the event CONSULTANT is unable to secure access, the CITY shall arrange for
access to and make all provisions for CONSULTANT to enter upon public end
private property as required for CONSULTANT to perform services under this
AGREEMENT.
7) Examine all studies, reports, sketches, Drawings, Specifications, proposals, and
other documents presented by CONSULTANT, obtain advice of an attorney,
insurance counselor and other consultants as CITY deems appropriate for such
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examination and render in writing decisions pertaining thereto within a reasonable
time so as not to delay the services of CONSULTANT.
8)
Furnish approvals and permits for all governmental authorities having jurisdiction
over the PROJECT and such approvals and consents fi.om others as may be
necessary for completion of the PROJECT.
9)
Provide such accounting, independent cost estimating, and insurance counseling
services as may be required for the PROJECT, such legal services as CITY may
require or CONSULTANT may reasonably request with regard to legal issues
pertaining to the PROJECT.
10) Give prompt written notice to CONSULTANT whenever CITY observes or
otherwise becomes aware of any development that affects the scope or timing of
CONSULTANT'S services, or any defect or nonconformance in the work of any
Contractor.
11) Provide design flows for lines where capacity evaluation should be considered in
the design.
12) Perform manhole and point repairs. CONSULTANT's scope does not include
efforts to produce design documents or specifications for the manhole and point
repair activities beyond detailed maps of locations, tables and a database of
observed defects, priority rankings, rehabilitation recommendations, etc.
13) Obtain easements based upon the legal descriptions provided by the
CONSULTANT.
14) Perform bid advertisement based on legal notice provided by CONSULTANT.
15) Provide all costs associated with the Additional City Responsibilities described
herein.
16) Provide a GIS map in digital format suitable for CONSULTANT to link defect data
and rehabilitation recommendations to produce thematic maps.
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AMMENDMENT NO. 1
I/I Study and Rehabilitation for Eastern Pecan and
Hickory Creek Drainage Basins
SCHEDULE OF COSTS
A. Project Administration
Total Project Administration
$24,744
$24,744
B. Basic Services - Design
1. Preliminary Design
2. Final Design
Total Design Services
$168,783
$86,396
$255,179
C. Basic Services - Bidding/Construction Assistance
Total Bidding/Construction Services
$10,180
$10,180
D. Special Services
1. Computer Usage/Printing/Plotting
2. Geotechnical Survey (8 @ $1,200 ea.)
3. Vertical/Horizontal Survey (20,719 1.f. ~ $2.75/1.f.)
4. Easements (10 ~ $1,200 ca)
Total Special Services
$10,000
$ 9,6OO
$56,977
$ 9,000
$85,577
Total Contract Fee
$375,680
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AMMENDMENT NO. 1
FI Study and Rehabilitation for Eastern Pecan and
Hickory Creek Drainage Basins
RJN Group, Inc.
Estimated Level of Effort
[ -] [--- * Class Codes * -- --] Total Total
Task bi( Task Desc~tpfion PD PM PE FM DP/CT FS OT/CL Hours Cost
[ ] [ -- Hours* *-- --] [ ]
PROJECT ADMINISTRATION
1001 Administration 8 44 24 24 8 0 24 132 $12.264
1002 Status Meetings 8 56 40 0 0 0 16 120 $12 480
Sub Total 16 100 64 24 8 0 40 252 $24.744
PRELIMINARY PLANS/PROFILE SHEETS
2001 Utility Coordination 0 4 8 0 0 0 , 0 12 $1,240
2002 As-Built Review 0 2 16 0 0 0 0 18 $1,760
2003 Allign Study 4 24 80 0 160 0 10 278 $22,441
2004 Right-of-Way Research 0 8 44 0 24 0 8 84 $7,172
2005 Suwey Data Reduction 0 0 0 4 74 0 0 78 $5,332
2006 Prelimina~ Plan and Profile Sheets (2 sets) 8 80 378 0 t056 0 24 1546 $119,678
2007 Preliminary Submittals to City (2 sets) 4 8 28 0 50 0 8 98 $8,000
2008 Review Meetings with City (2 sets) 4 12 12 0 0 0 0 28 $3 160
SubTotal 20 138 566 4 1364 0 50 2142 $168.783
FINAL pLANS, SPECS, ESTIMATES
3001 Final/Plan/Plan and Profile Sheets (2 sets) 8 48 128 0 296 0 32 512 $40.808
3002 Specifications. Line Repair/Replacement (2 sets) 8 52 192 0 16 0 76 344 $30,528
3003 Quantity Take-off/Engineers Estimate (2 sets) 8 16 64 0 0 0 16 104 $9.960
3004 Submittal and Review with Ci.~. (2 sets) 0 16 16 0 20 0 6 58 $5 100
SubTotal 24 132 400 0 332 0 130 t018 $86,396
BASIC SERVICES - BIDDING ASSISTANCE
4001 Pre-Bid Meetings (2 sets) 0 12 24 0 0 0 8 44 $4,120
4005 Site Visits (8 visits) 0 5 36 0 0 0 0 41 $4.020
4006 Change Order Review 0 4 8 0 0 0 16 28 $2 040
SubTotal 0 21 68 0 0 0 24 113 $10.180
Other Direct Costs
9901 Computer Usage $4,500
9902 Mileage/Miscellaneous $1,000
9903 Pdnting $4.500
9904 Soil Borings 8 each ~ $1.200 $9.600
9905 Vertical and Horizontal Su~/ey 20,719 feet @ $2.75 $56,977
9~06 Easements 10 each (~ $900 $9,000
Sub Total Other Direct Costs $85,577
Grand Total 60 391 1098 28 1704 0 244 3525 $375.680