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HomeMy WebLinkAbout120-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 120-24 File Number: 2024-1877 MCCLELLAND CONSULTING ENGINEERS, INC. (CONTRACT AMENDMENT #2): A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $20,475.00 TO PROVIDE ADDITIONAL SERVICES ASSOCIATED WITH THE NORTH STREET CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 STREET IMPROVEMENTS BOND PROJECT WHEREAS, on March 16, 2021, the City Council approved Resolution # 88-21 and authorized Mayor Jordan to sign a professional engineering services agreement with McClelland Consulting Engineers, Inc. for the design of the North Street Corridor Project; and WHEREAS, Amendment No. 2 to the agreement provides for additional services associated with improvements to the intersection of North Street and North College Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. in the amount of $20,475.00 to provide additional services associated with the North Street Corridor Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on April 16, 2024 Attest: `%1111001 8111 .����G�'�'�� (• Y •0 F�%s�%'' „� • �' % —"• FAVETTEVILIr ; s Kara Paxton, City CAM Treasurer ; a� 9 • .'QKAtic*,"' TO Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 16, 2024 CITY COUNCIL MEMO 2024-1877 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager SUBJECT: Approval of Contract Amendment #2 in the amount of $20,475.00 with McClelland Consulting Engineers for the North Street Corridor Project and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of Contract Amendment #2 in the amount of $20,475.00 with McClelland Consulting Engineers for the North Street Corridor Project and approval of a budget adjustment. BACKGROUND: This 2019 Transportation Bond Project extends along North Street from Garland Avenue to Mission Boulevard. This corridor is an important east -west route for commuter traffic, that runs through existing neighborhoods. The project includes a mix of congestion relief, capacity improvements, pedestrian and bicycle facilities that will address issues for all users. The City Council approved a design contract with McClelland Consulting Engineers in March of 2021. Phase 1 of the corridor includes improvements to the intersection with North Street and N. College Avenue. The improvements include the addition of a dedicated left turn lane on the east leg of the intersection, crosswalks, pavement overlay, striping and signal updates. On March 5, 2024, the City council approved a construction contract with Benchmark Construction Company of NWA, INC. for the construction of this phase. DISCUSSION: The approved contract with MCE does not include bidding services, construction phase services and materials testing. Staff has worked with MCE to develop a scope that will include support for the contractor and city staff as needed throughout the construction of this project. MCE has provided a fee in the amount of $20.475.00 for this additional work. The contract will be paid based on hourly rates for work completed, up to the total contract amount. BUDGET/STAFF IMPACT: This work will be paid for with funds from the 2019 Transportation Bond Fund. With this contract amendment, the new design contract will be $300,875.00. ATTACHMENTS: SRF (#3), BA (#4), North St. Phase I - Construction Related Services Agreement (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1877 Approval of Contract Amendment #2 in the amount of $20,475.00 with McClelland Consulting Engineers for the North Street Corridor Project and approval of a budget adjustment. A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $20,475.00 TO PROVIDE ADDITIONAL SERVICES ASSOCIATED WITH THE NORTH STREET CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 STREET IMPROVEMENTS BOND PROJECT WHEREAS, on March 16, 2021, the City Council approved Resolution # 88-21 and authorized Mayor Jordan to sign a professional engineering services agreement with McClelland Consulting Engineers, Inc. for the design of the North Street Corridor Project; and WHEREAS, Amendment No. 2 to the agreement provides for additional services associated with improvements to the intersection of North Street and North College Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. in the amount of $20,475.00 to provide additional services associated with the North Street Corridor Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 2024-1877 Item ID 4/16/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/27/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Contract Amendment #2 in the amount of $20,475.00 with McClelland Consulting Engineers for the North Street Corridor Project and approval of a budget adjustment. 4702.860.7223-5860.02 Account Number 46020.7223 Project Number Budgeted Item? Yes Budget Impact: Street Projects 2022 Bonds Fund North St - Garland to Mission Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget $ 987,480.00 $ 804,899.19 $ 182, 580.81 $ 20,475.00 $ 20,475.00 182,580.81 V20221130 Purchase Order Number: 2021-00000325 Previous Ordinance or Resolution # - -)1 Change Order Number: Original Contract Number: Comments: 2 2021-00000016 Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division ENGINEERING (621) Adjustment Number 2024 /Org2 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of Contract Amendment #2 in the amount of $20,475.00 with McClelland Consulting Engineers for the North Street Corridor Project and approval of a budget adjustment. COUNCIL DATE ITEM ID# 4/16/2024 2024-1877 Nolly Black 312712024 E:37 AM RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Prolect.Sub# Project Sub.Detl AT v.2024116 Account Name 4702.860.7223-5860.02 20,475 - 46020 7223 EX Capital Prof Svcs - Engineering/Architectu 4702.860.7999-5899.00 (20,475) - 46020 7999 EX Unallocated - Budget K:\Engineering Design Services\Projects\BOND PROGRAM\2019 Bond Program\North Street Corridor\Council and Committee Actions\Contract Amendment 2\2024-1877 BA MCE North Street CA2 1 of 1 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And MCCLELLAND CONSULTING ENGINEERS, INC. THIS AGREEMENT is made as of ft"- i �Uth 2024 by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and MCCLELLAND CONSULTING ENGINEERS (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. North Street; Construction Related Services Ph. 1— College Ave. Intersection SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed, effective at commencement of project construction. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in Appendix C. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the North Street; Construction Related Services Ph. I — College Ave. Intersection 2 value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. North Street; Construction Related Services Ph. I — College Ave. Intersection 3 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. North Street; Construction Related Services Ph. I — College Ave. Intersection 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. North Street; Construction Related Services Ph. I — College Ave. Intersection 5 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require North Street; Construction Related Services Ph. I — College Ave. Intersection 6 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 MCCLELLAND CONSULTING ENGINEER's address: 1508 East Stearns Street Fayetteville, Arkansas 72703 North Street; Construction Related Services Ph. I — College Ave. Intersection 7 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising North Street; Construction Related Services Ph. I — College Ave. Intersection out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the North Street; Construction Related Services Ph. I — College Ave. Intersection 9 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it' may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FA ETTEVILLE, ARKANSAS MCCLELLAND CONSULTING ENGINEERS, k INC. By: Ma , Lioneld Jorda ATTEST: By: City Clr ` T r q►►► ���•k.Ft� �• • Rf;9`SG G �X J: FAY��E�ILLC.�y+ END OF AGREEM Um North Street; Construction Related Services Kevin Beaumont Date: 2024.03.21 Bv: Kevin Beaumont 11:05:27-05'00' Title: Vice President 03.21.2024 SIONAL ENGINEERING SERVICES Ph. I — College Ave. Intersection 10 APPENDIX 'A' SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS NORTH STREET IMPROVEMENTS PHASE I; COLLEGE AVE. INTERSECTION 1. Scope of Proiect 1. Make the following additions to the North Street Improvements Project. a. Assist City with bidding process, answer bidder questions, attend pre -bid meeting and bid opening. b. Provide Construction Administration Support for the duration of the project based on the 180-calendar day contract proposed. Scope of professional services to comprise design assistance with field changes or other construction related issues, estimated to not exceed 52 hours. c. Provide Materials Testing Services for project. Refer to attached CMT Proposal. APPENDIX A — Scope of Services A-1 Zion Road Construction Related Services APPENDIX "C" COMPENSATION PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS NORTH STREET IMPROVEMENTS PHASE I; COLLEGE AVE. INTERSECTION • CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an amount equal to the cumulative hours charged to the Project for each class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the attached Exhibit "I", plus approved Reimbursable Expenses and ENGINEER's Consultant charges, if any. ENGINEER's Hourly Rates as shown on the attached Exhibit "1" shall be adjusted annually each January 1. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00. • Basic Services: Payment by CITY OF FAYETTEVILLE based on ENGINEER's Hourly Rates shall approximate the following schedule. Payment for a specific phase shall not exceed the scheduled amount prior to completion of that phase. Underruns in one phase may be used to offset overruns in another phase as long as the contract amount is not exceeded. Bidding Process $ 1,950.00 Construction Administration Support $ 8,060.00 Materials Testing Services $ 10,365.00 (Refer to attached CMT Proposal) SUB -TOTAL Basic Services $ 20,375.00 • Additional Services: Any and all Additional Services must be approved, and maximum amount to be paid for said services agreed to, in writing by CITY OF FAYETTEVILLE prior to rendering of same. CITY OF FAYETTEVILLE shall pay ENGINEER for Additional Services rendered an amount equal to the cumulative hours charged to the Project for each class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the Attached Exhibit "1 ", plus approved Reimbursable Expenses and ENGINEER'S Consultant charges, if any. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00. APPENDIX C — Scope of Services C-1 North St. Ph I Construction Related Services • CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable Expenses incurred in connection with Basic and Additional Services. Reimbursable Expenses must be approved by the CITY OF FAYETTEVILLE prior to the incurrence of such expenses. The estimated amount of Reimbursable Expenses to be incurred in connection with Basic Services is: SUB -TOTAL Reimbursable Expenses $ 100.00 • The maximum payment to the ENGINEER for all of the Basic Services and Reimbursable Expenses identified within this Agreement shall not exceed $20,475.00. • ENGINEER shall submit invoices monthly for services rendered and expenses borne. The invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel working on the project. • The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive) paid to all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, surveyors, designers, draftsman, specification writers, estimators, other technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto; plus operating margin or profit, non -project operating costs, and all general and administrative overhead costs, including but not limited to, furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment. Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection with the PROJECT for printing and reproduction costs and ENGINEER's consultant charges. Any and all expenditures for reimbursable expenses must be approved by the CITY OF FAYETTEVILLE prior to rendering or obtaining same. Overtime salary costs are not considered Reimbursable Expenses. APPENDIX C — Scope of Services C-2 North St. Ph I Construction Related Services McCLELLAND NEE,ONSULTING amrammm ENGINEERS, INC. February 7, 2024 CITY OF WOO FAYETTEVILLE ARKANSAS 113 West Mountain Street Fayetteville, Arkansas 72701 ATTN: Mr. Wade Abernathy Director of Bond Projects and Facilities RE: Proposal for Materials Testing and Special Inspections North Street Improvements Fayetteville, Arkansas Dear Mr. Abernathy, 1580 E. Stearns St. Fayetteville, AR 72703 Office: (479)443.2377 mce.us.com We are pleased to present a Proposal for the Construction Materials Testing relevant to the North Street Improvements project, located in Fayetteville, Arkansas. The anticipations contained herein are based on the North St. Improvements — Phase I — Bid Plans, produced by MCE and dated December 2023. 1.0 ESTIMATED BUDGET Based on the assumptions detailed in the foregoing proposal and the anticipated scope of testing provided, we can provide Construction Materials Testing and Special Inspection services on this project for a Not -To -Exceed Without Approval amount as detailed below: • Proof Roll / Subgrade Observations...................................................................................... $1,750.00 • Soil Density Testing............................................................................................................. $2,925.00 • Rebar Observation........................................................................................................ $1,000.00 • Cast -in -Place Concrete Testing............................................................................................ $3,660.00 • Concrete Cylinder Pick-Up................................................................................................. $420.00 • Asphalt Coring & Testing.................................................................................................. $610.00 Total Not -to -Exceed Without Approval Fee: $10,365.00 The information on the following pages provides further detail regarding the anticipated testing scope for the project which includes several trips for each service, time spent on -site for each service, and other anticipations that were integral in arriving at the Not -To -Exceed fee amount. The services described herein will be invoiced based on actual services provided (including time spent on -site, number of tests, etc.) using our current fee sheet, which may be provided upon request. 2.0 PROJECT DESCRIPTION The project site is located within the existing North Street and College Avenue intersection dimensions in Fayetteville, Arkansas. The project scope is planned to include the demolition of existing asphalt pavement materials within the roadway followed by widening and paving operations of the intersection and along approximately 400 linear feet of North Street. Additional improvements are expected to include concrete curb -and -gutter, sidewalk, access drives, and a retaining wall in the northeast quadrant of the North Street and College Avenue intersection. McClelland Consulting Engineers, Inc. —"Best Engineering Firm" Arkansas Business 2023 P a g e 11 North Street Improvements — Fayetteville, Arkansas CMT-021 — Construction Materials Testing Proposal 3.0 CMT SCOPE OF WORK It is expected that the services included within the Construction Materials Testing and Special Inspections scope may include, but are not limited to: proof-roll/subgrade recommendations and observations, soil density testing, rebar observations, cast -in -place concrete testing, and asphalt coring and testing. To better your understanding of our associated fees, we presented an estimated per -trip amount for the services we anticipate providing on this project. The provided per -trip price assumes the following factors: • A Geotechnical Engineer/Engineering Technician spending one (1) hour on -site for proof-roll/subgrade observations and recommendations pertaining to the sawcut pavement dimensions. - Travel time and report writing are factored into the unit trip amount • A certified technician spending one (1) hour on -site for each soil density testing trip. - Up to four (4) density tests being conducted during each trip - Travel time and report writing are factored into the unit trip amount • A Geotechnical Engineer/Engineering Technician spending one (1) hour on -site for observation and inspection of concrete reinforcing elements. - Travel time and report writing are factored into the unit trip amount • A certified technician spending approximately (1) hour on -site for each cast -in -place concrete testing trip. - MCE assumes that one (1) set of five (5) 4" x 8" cylinders being sampled for every 50 cubic yards of concrete will satisfy the testing frequency for the project. - Travel time and reporting fees are included in the per -trip amount • A certified technician spending up to two (2) hours on -site coring up to three (3) asphalt samples for laboratory testing. - Travel time, mileage, and reporting fees are included in the per -trip amount for this service MCE does not anticipate providing testing or inspection services for project elements unrelated to the services detailed on the following pages. If additional testing or inspection services are solicited for the project, these services will incur additional fees. Based on the referenced project scope, it is anticipated that the duration of the project will be approximately three (3) months. If this estimated duration is incorrect or if the assumptions detailed within this document are inaccurate, please allow for appropriate revisions. From the assumptions and project details referenced above, the following per -trip estimates and subtotals for each service anticipated to be required have been provided. The per -trip estimates within this proposal have been prepared in order to arrive at an appropriate testing budget for this project. As previously mentioned, these services will be invoiced based on the actual services provided. The following is a breakdown of each service, per -trip estimate, and subtotal that is anticipated up to the completion of the project. The number of trips is based on the project specifications, as well as our experience with projects of similar scope and size. The number of trips may vary based on actual project sequencing. Proof -Roll / Subgrade Observation $250.00 per trip estimate • Pavement Improvements (College/North).............................................................................. 4 trips • Sidewalk Improvements..................................................................................................... 2 trips • Retaining Wall Foundation Dimensions.................................................................................. 1 trip Subtotal: $1,750.00 McClelland Consulting Engineers, Inc. —"Best Engineering Firm" Arkansas Business 2023 P a g e 12 North Street Improvements — Fayetteville, Arkansas CMT-021 — Construction Materials Testing Proposal Soil Density Testing $225.00 per trip estimate • Pavement Improvements (Select Fill)................................................................................... 6 trips • Pavement Improvements (Base Course)............................................................................... 3 trips • Sidewalk Improvements (Select Fill)................................................................................... 2 trips • Retaining Wall Backfill...................................................................................................... 2 trips Subtotal: $2,925.00 Rebar Observations $250.00 per trip estimate • Retaining Wall Foundation................................................................................................. 2 trips • Retaining Wall................................................................................................................. 2 trips Subtotal: $1,000.00 Cast -in -Place Concrete Testing $305.00 per trip estimate • Retaining Wall Foundation................................................................................................ 2 trips • Retaining Wall................................................................................................................ 2 trips • Concrete Sidewalk.......................................................................................................... 4 trips • Concrete Curb-and-Gutter................................................................................................. 4 trips Subtotal: $3,660.00 Concrete Cylinder Pick -Up $70.00 per trip estimate • A charge for concrete cylinder pick-up will only be applied in the event that it is the sole reason for the site visit on days when no other testing is scheduled. We have assumed that this will be required for approximately one-half (1/2) of the anticipated concrete trips. Subtotal: $420.00 Asphalt Coring & Testing $610.00 per trip estimate • North Street Asphalt Pavement Improvements........................................................................ 1 trip Subtotal: $610.00 The estimated number of trips for each testing service is based on the project specifications, as well as our experience with projects in the area with similar scope and size. The estimated fees are directly related to the number of trips made for each service and time spent on -site. If the project scope varies following the submittal of this document and prior to construction, please allow for the review and revision of this document. McClelland Consulting Engineers, Inc. —"Best Engineering Firm" Arkansas Business 2023 P a g e 13 North Street Improvements — Fayetteville, Arkansas CMT-021 — Construction Materials Testing Proposal 4.0 CLOSING COMMENTS We appreciate the opportunity to submit this Proposal for the Construction Materials Testing and Special Inspections services for the North Street Improvements project located in Fayetteville, Arkansas. If this Proposal is acceptable, please sign the Work Authorization Agreement at the end of this document and return a copy to our office. If there are any questions regarding this Proposal, please do not hesitate to contact us. Sincerely, Michael T. Scott, EI Project Designer I CMT Supervisor 5.0 WORK AUTHORIZATION AGREEMENT Steven J. Head, P.E. Principal I Geotechnical Department Head McClelland Consulting Engineers, Inc., is authorized to proceed in accordance with this Letter of Proposal consisting of four (4) pages, denoted as CMT-021. Signature Title Date McClelland Consulting Engineers, Inc. — "Best Engineering Firm" Arkansas Business 2023 Page 14 NEEMcCLELLAND CONSULTING mmmmgmam ENGINEERS, INC. 8/7/2023 McCLELLAND CONSULTING ENGINEERS, INC. *STANDARD HOURLY RATES Chief Draftsman $110 - $120 Clerical $45 - $85 Construction Observer $75 - $165 Draftsman $70 - $120 Environmental Scientist/Designer $125 - $145 Geotech Engineer $125 - $200 GIS Technician $80 - $140 HR/Payroll Admin $75-$115 Landscape Architect $95 - $200 Media Specialist $85 - $120 Principal $185 - $275 Project Accountant $70 - $155 Project Designer - Intern $50 - $80 Project Designer $80 - $165 Project Engineer $120 - $175 Project Manager $130 - $210 Registered Land Surveyor $100 - $175 Soils Lab Technician $50 - $140 Specification Writer $50 - $100 Sr. Project Manager $160 - $250 Structural Engineer $140 - $180 Survey (2 man or Robotic) Crew $115 - $165 Survey (3 man) Crew $150 - $200 Survey Field (1 Man or Rodman) $45 - $120 Survey GPS $75 - $135 Survey Technician $65 - $110 Expenses @ Cost Mileage .705/mi * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers.