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2002-130FILE REFERENCE FORM [ 2002-130 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Ordinance No. 2002-361 - First Amendment to Professional Services Agreement 11/05/02 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCiL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RJN GROUP, INC., FOR ENGINEERING SERVICES PERTAINING TO THE INFILTRATION/INFLOW STUDY AND REHABiLITATION FOR THE EASTERN PECAN CREEK AND HICKORY CREEK DRAINAGE BASINS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage the finn of RJN Group, Inc., a Corporation, of Dallas, Texas ("RJN"), to provide professional engineering services to the City pertaining to the infiltration/inflow study and rehabilitation for the Eastern Pecan Creek and Hickory Creek Drainage Basins; and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the above-described professional services, and that limited City staff cannot adequately perform the 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; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with RJN Group, Inc., of Dallas, Texas, for professional engineering services pertaining to the infiltration/inflow study and rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of RJN and the ability of RJN to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /q'~"- day of ~/~/J~ EULINE BROCK, MAYOR ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: ;/'~ ~ S:\Our Documents\Ordinances\02hR.IN Gmup-2002-PSA-lnfiltrafion and Inflow Study-Drainage Basins ord.doc STATE OF TEXAS COUNTY OF DENTON · PROFESSIONAL SERVICES AGREEMENT FOR THE INFILTRATION/INFLOW STUDY AND REHABILITATION FOR EASTERN PECAN AND HICKORY CREEK DRAINAGE BASINS THIS AGREEMENT is made and entered into as of the/____~day of ~ , 2002, by and between the City of Denton, Texas, a Texas Municipal Corpomtio6, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and RJN Group, Inc., an Illinois corporation, with its offices at 12160 Abrams Road, Suite 200, Dallas, Texas 75243 (hereafter "CONSULTANT"); the pardes acting herein, by and through their duly-authorized m'presentatives and officem. WlTNESSETH, that in consideration of the mutual promises, covenants, ag~ecments herein, and in consideration of the premises, the pa~es hereto do mutually AGREE as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby conWacts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein 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 service~ in the State of Texas. The pro~ssional services set forth herein a~ in connection with the following described project (the "Project"): Professional engineering services 13:a~ining to the Infiltration/Inflow Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional A. To perform those professional services as set forth in the Scope of Service - FI Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins project for the City of Denton, prepared by CONSULTANT for OWNER; which document is attached hereto as Exhibit" A," and is incoq0orated herein by ~efetea~ce; which document is also comprised of and includes Exhibit "B" - Schedule of Costs and Exhibit "C"- Certificate of Insurance. B. ff there is any conflict, or ff any conflict arises between the karl,s of tiffs Agreement and Exhibit(s) "A", "B" or "C" attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of the Exhibit(s). Page 1 of 11 ARTICLE fit 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 ~s 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 .n~loyment of others in outside firms, for services in the area of professional en~neering, or rclated services. Any subcontractor or sub-constfltant billing reasonably inctm~ed by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten percent. "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, pmdentiy 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 sen, ices to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion Page 2 of 11 of the Basic Services tasks set forth in the Scope of Services as shown in Article II above; as follows: CONSULTANT shall perform its work on this Project in accordance with the provisions of those tasks which are described and as ~et forth in Exhibit "A" attached hereto and incorporated herewith by reference. CONSULTANT shall bill fxom time sheets, on a once-monthly basis, in minimum 1/4 hour or smaller time incr~nnents, 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, at an hourly rote shown in Extffbit "B" which is incorporated herewith by reference, a total fee, including reimbursement for direct non-labor expenses and for its subcontractor expense, an amount not to exceed $407,282.00. Pardal payments to the CONSULTANT will be made monthly in accordance with the statements retlecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its City Manager or his designee. However, under no c'ummstancea shall any monthly statement for services exceed the value of the work performed at the time a statement is rendezed. 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. Nothing contained in this Article shall require the OWNER to pay for any work which is unsa~factory as reasonably determined by the City Manager or his designee, or which is not submitted by CONSULTANT to the OWNER h 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. 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 re'nnborsement above the not-to- exceed amount as stated hereinabove, without fu~t having obtained the laior written authorization from the OWNER. CONSULTANT shall not proceed to perform any services to be later provided for under Article m "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 ACdcle 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 foKy-five (45) days after receipt of the CONSULTANTS undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rote of one Page 3 of 11 percent (1%) per month fi-om and atter the said foa'y-fifdi (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 amounts 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 fodh herein, ff the OWNER reasonably detemdnes that the CONSULTANT's work is unsatisfactory, in accontance wi~ 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 dih'gence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractom or mb-consultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANTs subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this AgrecmenC 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 pm'suant to this Agreement, CONSULTANT is released from any and all liability relating to their use in tim project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide sen, ices to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attomeys and employees from and against any and all liability, claims, demands, damages, losses and expanses, including but not limited to cotat costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officem, shareholders, agents, subcontmctom, subconsultants, attorneys, and/or amployecs in the execution, operation, or performance of this Agreement. Page 4 of 11 Noltfing in this Agreemem shall be cons~ued to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the par~s defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a pa~ to this Agreement, including the defense of govemmental immunity, which defenses axe 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 with A. M. Best Rate Carriers 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 $I 00,000 for each accident. C. Workers Compensation Insurance in accordance with statutory requirements and Employers Liability Insurance with limits of not less than $100,000 for each acddent. D. Professional Liability Iusmance 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 polities shall name the OWNER as an additional insured on all such policies to the extent that is legally poas~le, and shall contain a provision that such insurance shall not be cancelled or modified without at least thin~ (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 33[ 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 resolut/on such as mediation. No afoitration or alternate dispute resolution arising out of or relating to, this Agt~eement involving Page 5 of 11 one party's disagreement, may include the other party to the disagreement without the others approval. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may temfinate this Agreement by providing thirty (30) days advance written notice to the other party. B. This Agreement may alternatively be i~mdnated in whole or in part in the event of either patty substantially failing to fiflfill 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 temainafing pat~y prior to temtination. C. ff this Agreement is lmttinated 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 final 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 t~mfinafion 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 tam over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on .or before the date of termimfion, but may maintain copies of such documents for its files. 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 mb-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. Page 6 of 11 ARTICLE XIV NOTICES All notices, communications, and repoxts required or ponnitted under this Agreement shall be personally delivered to; or telecopied to; or mailed to the respective paxfies by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, retum receipt requested, unless otherwise specified herein: To CONSULTANT: To OWNER: RJN Group, Inc. Arm: Jeff Plymale 12160 Abrams Road, Suite 200 Dallas, Texas 75243 Fax: (972) 437-2707 City of Denton, Texas City Manager 215 East McKhmey Denton, Texas 76201 Fax: (940) 349-8596 All notices given under this Agreement shall be effective upon their actual receipt by the pa~y to whom such notice is given. .ARTICLE XV ENTIRE AGREEMENT This A4grcement consisting of eleven (11) pages and three (3) Exhibit(s) constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supemedes all prior contemponmeous offew, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in comection with the subject matter of this Agreement. SEVERABILTY If any provision of this Agzeement is found or deemed by a court of competent jurisdiction to be invalid or unenfomeable, it shall be considered severable ~om the remainder of this Algeement, and shall not cause the unnainder 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 micken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, roles, regulations, and ordinances applicable to the work per[onned by CONSULTANT hereunder, as they m~ay now read or as they may hereafter be amended. Page 7 of 11 ARTICLE XVIII DISCRIMINATION PROHIBITED In performing lhe services requked 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 ff intexest that CONSULTANT may discover, or which may arise during the term of this Agreement B. All services required heretmder 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 authodzxxl and pemaitted under state and local laws to pert'oma such services. ASSIGNABILITY The CONSULTANT shall not assign any. interest in this Agreement and shall not transfer any intexest in this Agreement (whether by assignment, novation or othenvise) 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 signitic~t change in its corporate stmcture, 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 para] to be charged therewith. No evidence of any waiver or modification ~hall be offered or received in evidence in any proceeding arising between the pa~ies hereto arising out of, or affecting this Ag~ement, or the fights or obligations of the patties hereunder, unless such waiver or modification is in writing, duly execute& The parties fumher agree hhat the provisions of Offs Axficle will not be waived unless as herein set foxth. Page 8 of 11 ARTICLE XXII MISCELLANEOUS A. The following Exhibits are attached to, incorporated herewith by reference, and are made a pa~ of this Agreement for all purposes pertinent: Exlabit "A" - Scope of Services. Exl~bit "B"- Schedule of Costs. B. CONSULTANT agrees that OWNER shall, until the expiration of four (4) years alter the final payment made by OWNER under this Agreement, have access to and the fight to examine any directly peflinent 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 ahall give CONSULTANT reasonable advance notice of all intended examinations or audits. C. Venue of any suit or cause of action under this ~ent ahall 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 persons 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 organiTa~ional char included in the March 28, 2002 proposal submitted in response to Request for Proposal No. 2830. This Agreement has been entered into with the undea~-tanding, 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 move of the above-mated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not uanmsonably withhold. Notlfing herein shall limit CONSULTANT titan using other qualified and competent membe~ of its finn to perform the other incidental services requ~ed 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 canied un 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 repom, any other data relative to the Project and arranging for the access to, and make all provisions for the Page 9 of 11 CONSULTANT to enter in or upon, public and private pmpeay 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 are 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 Demon, Texas has executed this Agreement in four (4) original counterparts, by and flxrough its duly authorized City Manageg, and CONSULTANT has execg~t0~d this ~ent by and through its duly authorized undersigned officer on this the /6z't'r~-day of?~_~/--~ .200,9~. CITY OF DENTON, TEXAS A Texas Municipal Corporation A'ITEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 10 of 11 "CONSULTANT" RJN Group, Inc. An Illinois Corporation el,so, Principal JeeP1 ~ymale, Project Manager Sc\Our Documents~Contracts~02\Generic Professional Services Agreement-2002 I MSC.doc Page 11 ofll EXHIBIT "A" SCOPE OF SERVICE I/I Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins PROJECT DESCRIPTION The City of Denton intends to complete rehabilitation and system improvements for the sanitary sewer collection systems in the Eastern Pecan and Hickory Creek drainage basins. Thc scope of services under this agreement includes the provision of additional field inspection information through closed-circuit tclevised inspection (CCTV), dyed water flooding, consolidation of cxisting field inspection information, engineering analysis, production of a comprehensive source dcfects analysis with prioritized rehabilitation recommendations, the production of engineering design documents and the provision of related construction administrative sen, ices. 1) Prelect Administration A. Meetings Before the project starts, a kick-offmeeting shall be held with all team members, including sub-consultants and the City of Denton team members. Meetings shall be performed monthly throughout the entire project and minutes shall be distributed by the CONSULTANT. The meetings shall provide a status of the project objectives in relation to deliverables and achieving scheduled milestones. The number of meetings assumed under this scope is identified in the Schedule of Costs. Any meetings beyond this amount shall require approval by the CITY. B. Work Plan The CONSULTANT SHALL provide at the onset of the project a detailed work plan to describe activities, procedures, communication means, and quality control measures to be followed throughout the project. The work plan shall further identify kcy milestones, deliverables, project personnel and their roles. The work plan shall be updated as necessary to reflect any changes or modifications needed to reach to project objectives. C. Quality Control The CONSULTANT shall establish a quality control program throughout the project. The components of the quality control program shall be identified in the work plan. D. Project Scheduling/Tracking The project schedule is provided at the end of Exhibit A. The schedule shall be updated for the regularly scheduled project status meetings, or as needed to convey the project status to the CITY. Project tracl~ing shall also include any additional tables or schedules necessary to manage sub components of the work tasks. A(I) EXI'IIRIT "A" SCOPE OF SERVICE Ill Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins E. Pre-Design Work Conference A meeting shall be held to initiate the design phase and to discuss the planning and design criteria, work program and schedule, procedures of communication, confirm the level ofcompcnsation, evaluate any additional survey requirements, assignments of personncl, and any other matters that may have direct or indirect effects upon the complelion and rcsults of this project. Other work and rcview conferences shall be scheduled throughout the progress of the project development, as shown on the Time/Task Schedule. F. Coordination Routine communication shall be provided by means of email, phone, faxes, or mailed documents. The CITY and CONSULTANT shall designate project representatives through which all communicalion should be conducted. The CITY may elect to have other staff members notified at specific phases of the project. G. Public Relations The CONSULTANT shall coordinate with the CITY representative to develop newsletters, notices and other documents needed to convey the purpose and goals of the field testing procedures. The CITY shall distribute copies, if necessary. The CONSULTANT shall obtain approval for access to private property where required to perform the field sen, ices. In the event that access is not obtained, the CONSULTANT shall notify the CITY for assistance. 2) Source Defect Anal~sis The field inspection services and e~neering analysis activities to follow shall be performed by basin; Eastern Pecan and Hickory Creek shall be performed as two separate projects and include the following tasks for each: A. Cleaning and Internal TV Inspection Based upon previous smoke testing results and visual pipe inspections, specific line segments have been prioritized for further investigation. Closed circuit televised inspection shall be provided to further pinpoint major sources of inflow and infiltralion (I/I), define their magnitude, and determine the most appropriate and feasible method of rehabilitation. Cleaning activities shall be provided to facilitate the televised inspection. The rates quoted for cleaning services are based upon three passes with jet cleaner. In the event that additional cleaning or root cutting is necessary, the CONSULTANT shall notify the CITY and obtain approval to perform heavy cleaning. Root cutting is included in the heavy cleaning rates. Experienced field technicians shall observe the television monitor while TV is in progress and record data during the inspection. Both VI defects and maintenance defects shall be recorded. Data collected during TV inspection shall be entered into EXHIBIT "A" SCOPE OF SERVICE I/I Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins the WinCan software, which shall provide the ability to capture video and photo images in order to Ymk them with the video inspection logs. The CONSULTANT shall incorporate thc existing TV inspection tapes into their analysis. The existing tapes account for nearly 8,000 1.£ of sewer inspection. All captured data, including the footage provided by the City, shall be provided to the CITY in MPEG format on CD-ROM alung with the VHS tapes. Compensation shall be based upon the actual footage cleaned and televised. Should the camera be unable to pass, the contractor shall set up at the adjoining manhole, which will be considered a "reverse set-up". By-pass pumping shall be provided at the rates identified in the Schedule of Costs. CONSULTANT shall obtain prior approval for these activities. Remote cleaning and TV rotes shall apply for segments where difficult access exists or where the contractor must use all terrain vehicles to access the sites. B. Dyed Water Flooding Specific inflow sources shall be identified by means of dyed water flooding of storm sewer sections and suspected overflows, stream sect'IOus, ditch sections, and pending areas. Field test data shall be input into a computerized data management system and C. Selection of Rehabilitation Methods At the conclusion of the televised inspection and dye testing activities, all field collected data including previous smoke testing and manhole inspection results and the CITY provided TV data, shall be used to develop a comprehensive rehabilitation strategy. The strategy shall include the evaluation of each type of defect, a rehabilitation method, and the costs associated with the improvement based on local contractor bid schedules. Rehabilitation methods that shall be evaluated for Fl removal shall include repairs for manholes, sewer mains and interceptors, and laterals. In addition, routing options shall be considered for those segments that are on private property where open cut may prove impractical. The CONSULTANT shall develop a manhole rehabilitation matrix in order to categorize the nature of the repairs by type. Main Yme and interceptor rehabilitation methods shall include conventional open cut and trenchiess technologies. Lateral repairs include replacement, point repairs with emphasis on lateral to main connections, trenchless methods, and cleanout repairs. Material and life expectancy of rehabilitation shall be considered in the evaluation. Further, migration of Ill to downstream defects shall be considered which may include the consideration of clay dams. (3) EXHIBIT "A" SCOPE OF SERVICE I/l Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins D. System Capacity Requirements The CONSULTANT shall also consider capacity requirements during the rehabilitation strategy development based on information and design flows provided by the CITY. Rehabilitation alternatives may include upsizing the lines where practical and cost effective. E. Final Report and Deliverables The CONSULTANT shall provide a comprehensive prioritized source defect analysis to include the field observations, conclusions, and rehabilitation recommendations. The analysis shall incorporate the existing source defect analysis produced from the smoke testing, manhole inspection and CCTV activilies. A rehabilitation method and estimated cost of repair shall bc provided for each defect. The defects shall be ranked according to their FI contribution and structural deficiency against the cost of repair. Defects shall then be categorized by sub-basin, defect method, manhole versus line defect, private versus public defect, and maintenance defects. Five (5) copies of the draft and final report will be delivered and three appendices of supporting field documentation will be provided to include: Comprehensive, consolidated source defect analysis with sl~mmary tables categorized by type, method, priority and cost, all at a minimum as described in the CITY Request for Proposal No. 2830. · Prioritized rehabilitation plan for each defect including recommendations and improvement alternatives. · Prioritized source defect rehabititation plan for manholes and point repairs to be performed by CITY. · Computerized project database of all defects in Microsoft compatible format in hardcopy and on CD-ROM. · Field investigation reports and logs. · Comprehensive maps of observed defects and recommended rehabilitation methods on CITY provided GIS maps suitable for linking the data. · Project CD in MPEG format with catalogued televised inspection data and .jpeg still images of observed defects. · Televised inspection video tapes as specified in CITY'S Request For Proposal No. 2830. · Project CD including the final report. The CONSULTANT shall provide a presentation to the CITY staffwith a summary of the findings, conclusions, and recommendations. A (4) EXHIBIT "A" SCOPE OF SERVICE I/I Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins 3) 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. Conceptual Design 1) Obtain from the CITY, electronic or hardcopy files containing all available peflinent 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 ali~tmment, location, final design, and construction of the proposed improvement. Generation of necessary data required for design that is not readily available from the C1TY is the sole responsibility of the CONSULTANT. 2) Determine, from a field reconnaissance of the project area the constmctien method for each replacement line. 3) 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 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. 5) 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. B. Preliminary Design 1) Obtain survey data required based on the preferred alignment detomfined in the conceptual design phase. 2) Prepare layouts of proposed piping improvements and other related appurtenances. (5) EXHIBIT "A" SCOPE OF SERVICE l/I Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins 3) Investigate and resolve conflicts with existing utility (water, sewer, drainage, gas, telephone, and electric) locations, depths, etc. 4) Prepare preliminary "Opinion of Probable Construction Costs." 5) Prepare preliminary work on: (a) Standard specifications Co) 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. 6) Field verify preliminary drawings and specifications. 7) 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. 8) Meet with thc CITY to discuss review comments on preliminary design before pmeeeding with final design. Based on review comments f~om the CITY, submit full-size plans that will be forwarded by the CONSULTANT to the utility companies for review and eon'relent. 10) 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. C. 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 Co) Control Sheet (c) Index and Location Map (d) General Notes, Legends, Symbols & Abbreviations (e) Plan and Profile Sheets (0 Required Details 2) Develop any necessary additional design details. ~20o2 A(6) EXHIBIT "A" SCOPE OF SERVICE I/l Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins 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. This submittal shall be at the ninety pement (90%) completion stage and shall include all sheets in full-size (22"x34") format. 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 disenss 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. 10) Prepare final bid schedule, special conditions, technical specifications, proposal, and contract documents. 11 ) Revise final "Opinion of Probable Construction Costs," if necessary. 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. D. 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 peffinent construction notes · Final horizontal and vertical utility locations on the plan/profile sheets · Final special design considerations and locations of appurtenances ~20o2 A(7) EXHIBIT "A" SCOPE OF SERVICE I/I Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins Finalize conduit plan/profile -- Identify locations of all conflicts - Adjust horizontal and vertical alignment to optimize hydraulics, eliminate confficts 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 requkements · Coordination plans to maintain continuous service for all utility and service lines Construction plans (blue line and reproducible black mylars) and conesponding bid specifications as directed by the CITY. Provide original copies of approved easements, field notes, and all pertinent documentations. Provide ten (10) sets of final plans, specifications, and bid item take-offs for the preliminary contract bid package development. 4) 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 fi.om 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-Construction Meeting Meet with the CITY, the Contractor~, and other interested parties to discuss the total work program and schedule, procedflres of communication, special problems, coordination with others, additional surveys, field testing and inspection, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. 1) Based on information provided by the CITY, prepare Record Drawing of the sewer lines and other improvements as shown on the engineering plans, showing that the layout of the line and grade of all public improvements is in (8) EXHIBIT "A" SCOPE OF SERVICE I/l Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins accordance with the construction plans and all changes made in the plans during construction, containing each sheet a Record Drawing stamp bearing the signature of the Engineer and the date. 2) CONSULTANT shall also furnish an electronic copy of the final engineering plans in AutoCAD format. C. Summary of Construction Assistance Deliverables · Record drawings based on information provided by the CITY. · Final engineering plans in AUTOCAD format. 5) Special Services A. Vertical and Horizontal Survey The following survey data shall be obtained and applied in the developmcnt of construction drawings. 1) Existing above-ground utility appurtenances, stmctares, trees, curbs, pavements, fences, property comers, block comers, points of curvature (PCs), points of tangents (PTs), and points ofintersestion (Pis), etc. as necessary for the design of the project. 2) Top of operating nuts and flags set by utility companies shall be tied to control. 3) Existing manhole invert and rim elevations. Where there is only one (1) gravity flow structure within the limits of thc survey, the next adjacent sffucture upstream and downstream shall be surveyed, and the flow line elevations shall be provided. 4) Exisfmg pavement type. 5) 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. 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. 7) 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) EXHIBIT "A" SCOPE OF SERVICE I/I Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins 8) Spot elevations as required to facilitate the generation of one foot contours shall be collected. B. Easements The CONSULTAHT shah request easement research from the CITY where easements may exist and'arc 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 acoess 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 is unable to provide the necessary information. The number of easements assumed within this scope is identified in the Schedule of Costs. C. Permits The CONSULTANT shall identify permits needed to facilitate the rehabilitation and construction improvements. Permits include thosc 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 mount shall require prior written approval from the CITY. PROJECT SCHEDULE The Time/Task Schedule to follow is based on receipt of a Notice to Proceed on May 15, 2002. It is the responsibility of the CONSULTANT to review this schedule and adhere to it or request, in writing, additional time be added to specific tasks for specific reasons. Final completion dates as specified in the Administrative Order, shall be adhered to for each basin. A(10) EXHIBIT "A" SCOPE OF SERVICE Ifl Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins 7) ADDITIONAL CITY'S RESPONSIBILITIES 1) 2) 3) 5) 6) 7) 8) Designate a person to act as CITY'S representative with respect to the services to be rendered under this AGREEMENT. Such person 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. Provide all criteria and 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. Place at CONSULTANT'S disposal all available pertinent information including previous reports and any other data relative to design or construction of the PROJECT. Make available to CONSULTANT, as required for performance of CONSULTANT'S Basic Services, thc 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. In the event CONSULTANT is unable to secure access, thc CITY shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this AGREEMENT. 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 examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT. Furnish approvals and permits for all governmental authorities having jurisdiction over the PROJECT and such approvals and consents from others as may be necessary for completion of the PROJECT. Provide such accounting, independent cost estimating, and insurance counseling services as may be required for the PROJECT, such legal services as CITY may A(12) EXHIBIT "A" SCOPE OF SERVICE UI Study and Rehabilitation for Eastern Pecan and Hickory Creek Drainage Basins require or CONSULTANT may reasonably request with regard to legal issues pertaining to the PROJECT. 9) 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. 10) Provide water meters and water to perform the cleaning and dye flooding activities, as necessary. 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) Point repairs as required to retrieve trapped cameras. 14) Obtain easements based upon the legal descriptions provided by the CONSULTANT. 15) Provide research of property ownership as requested by CONSULTANT. 16) Perform bid advertisement based on legal notice provided by CONSULTANT. 17) Provide all costs associated with the Additional City Responsibilities described herein. 18) Provide a GIS map ha digital format suitable for CONSULTANT to link defect data and rehabilitation recommendations to produce thematic maps. ,msa0o2 A (13) EXHIBIT "B" SCHEDULE OF COSTS Activity 1. Project Administation 2. Source Defect Analysis Project Management TV/Cleaning (standard, accessible) 6"-12" 15"-18" 21"-27" 30"-39" TV/Cleaning (heavy, accessible) 6"-12" 15"-18" 21 "-27" 30"-39" Tv/Cleaning (standard, remote) 6"-12" 15"-18" 21"-27" 30"-39" Tv/Cleaning (Heavy, remote) 6"-12" 15"-18" 21"-27" 30"-39" Bypass Pumping (6" and 12" pumps) (see Exhibit "B1" for rates) Reveme Sat-ups Dyed Water Flooding Data Management Source Defect Analysis/Reporting 3. Basic Services - Design 4. Basic Services - Bidding Assistance 5. Special Services Geotechnical Survey Vertical and Horizontal Survey Easements Units Rate Total L.S. $29,650 $29,650 $4,976 53,783 $2.12 $114,020 2,723 $2.34 $6,372 11,573 $2.86 $33,099 10,804 $2.86 $30,899 785 $4.23 $3,321 4,911 $5.36 $26,323 3,143 $8.99 $28,256 3,559 $2.52 $8,969 415 $3.07 $1,274 1,957 $6.11 $11,957 3,618 $3.49 $12,627 190 $5.34 $1,015 952 $12.32 $11,729 1,587 $14.02 $22,250 ES. 10,000 $10,000 2O 227 $4,540 25 $275 $6,875 L.S. $21,660 $21,660 L.S. $17,472 $17,472 SubtotalSourceDefectAnalysls $377,632 (To be negotiated prior to design) (To be negotiated prior to design) (To be negotiated prior to design) (To be negotiated prior to design) (To be negotiated prior to design) (To be negotiated prior to design) Subtotal Special Services CONTRACT TOTAL $0 $407,282 B(1) EXHIBIT "B-I" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF ASSUMPTIONS FOR COST DEVELOPMENT Assumptions: Project Administration includes sixteen (16) monthly status meetings from project startup through final design. 2. TV/Cleaning rates include tape review and selective field observation time. 26 percent (25,990 LF) of the sewer lines are estimated to require heavy cleaning. Cleaning for pipe diameters between 30" - 39" is assumed to require heavy cleaning. Remote cleaning and TV is defined as any location greater than 200 feet from an accessible point. Television inspection rates without cleaning required are based on the following. Rates include tape review and selective field observation time: Accessible 6' - 18" $1.26/LF 21" - 27' $1.43/LF 30" - 39' $1.89/LF Remote 6" -18" $1.78/LF 21" - 39" $3.21/LF Bypass pumping estimates are based on the following rates: 6" bypass pumping setup - $1,438/EA 6" bypass pumping per hour - $145/HR 12" bypass pumping setup - $1,783/EA 12" bypass pumping per hour - $175/HR All data from the previous manhole inspection and smoke testing will be provided to RJN in an MS Access database. Compensation and invoicing for LumP Sum items shall be based on the percent completed for each task. Compensation and invoicing for unit rate items shall be based on the number of units completed at the unit rates specified. Television inspection without cleaning and bypass pumping shall be based on the number of units completed at the unit rates specified. B-1 (1) EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT "B") HOURLY RATE SCHEDULE Employee Classification Hourly Rate Project Director Project Manager Project Engineer Field Manager Data Processing/CAD Technician Field Supervisor Office Technician/Clerical 128.00 115.00 90.00 75.00 65.00 50.00 45.00 B-2 (1) ACOREL CERTIFICATE OF LIABILITY INSURANCE Mack and Parker, Inc. 55 E. Jackson Blvd. Chicago, IL 60604 (Barbara Fritz 312-279-4618) R J N Group, Inc. 200 W. Front Street Wheaton, IL 60187 Attention: Ms. Katrina Genore #~URERSAFFOSI~NGCOVERAGE Transcontih~ntal Insurance Compa~ ~meau:Continefital C~ualty Company ....... TransportatiOn Insurance Co. Greenwich I~_~_urance Corm~an~_ ........ '.~ .u?a~eValle~ Forge Insurance Company COVERAGES Al~tuaauw 2025429480 07/01/01 07/01/02 ~ ~1,000,000 X :~M~N~L~[~ ~(~ $500 · 000 ._J~ ~ ~_~, ,10,000 ~,~_~ ,1,000,006' ~~ ~2,000,09~ ~N~OAm~.: ~s -~ Sl, 000,000 D ~~ ~2025429530 - Te~s 07/01/01 07/01/02 ~~ ~1,000,000 A ~ ~ 2025429527 07/01/01 07/01/02 ~ Not Applicable B ~ 10688868934 07/01/01 07/01/0'2 ~,~_~ ..... ~3,000,000 ~ ~ ~ ,3,000. 000 X ~ ,10000 C]~--~-- 20254295~3 07/01/01 07/0Z/02 X~l [~- E.C~ ~500,000 ~u~-~w~ ;500,000 D ~" Professional ~C0009841 08/15/01 07/01/02 $1,000,000 Per Claim ~ Pollution $1,000,000 Aggregate ;lability $25,000 SIF City of Denton, A Texas ~icipal Co~oration is named ae Additional Insured on the general li~ility, but solely as respects the work being performed ~d/O~ 'supe~ised by the Na~d Insured in co~ection with the County of ~nton I/I Study and Reh~ilitation for Eastern Pecan and Hicko~ Drainage Basins Project City of Denton Attention: Frank G. Payne City Hall Eagt 801 E. Hickory - Suite D~nton, T~ 7~Z05