HomeMy WebLinkAbout79-02 RESOLUTION•
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RESOLUTION NO. 79-02
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A RESOLUTION TO APPROVE AN AGREEMENT FOR
PROFESSIONAL ENGINEERING PROJECT MANAGEMENT
SERVICES WITH BURNS AND MCDONNELL ENGINEERING
COMPANY, INC IN THE AMOUNT OF $336,881.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the Agreement for Professional Engineering Service with
Burns and McDonnell Engineering Company, Inc. (attached as Exhibit A) in the
amount of $336,881.00 and authorizes Mayor Coody to execute said contractual
agreement.
PASSED and APPROVED this the 7th day of May, 2002.
APPROVED:
By
Fwr71.,
ATTEST . e •
eitilit ./../././
oodruff, City
ver
DAN COODY, May
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NAME OF FILE:
CROSS REFERENCE:
Resolution No. 79-02
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05/07/02
Resolution No. 79-02
05/07/02
Agreement for Professional Engineering Project Management Services
with Burns & McDonnell Engineering Company, Inc.
04/04/02
Departmental Correspondence to Mayor Coody & Fayetteville City
Council, from Greg Boettcher, Public Works Director, regarding
Wastewater System Improvement Project
Staff Review Form
05/08/02
Memo to Greg Boettcher, Public Works Director, from Heather
Woodruff, City Clerk
NOTES:
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
Kansas City, Missouri
Res. 79-02
THIS AGREEMENT is made this 7d day of May, 2002, by and between City of
Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Bums & McDonnell
Engineering Company, Inc., a Missouri Corporation specializing in consulting
engineering services (hereinafter called BURNS & MCDONNELL ENGINEERING).
FAYETTEVILLE requires professional engineering services in connection with the
program management of study, design, construction, operation, maintenance,
management, and financing of wastewater treatment and conveyance facilities.
Therefore, FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING in
consideration of their mutual covenants agree as follows:
BURNS & MCDONNELL ENGINEERING shall serve as FAYETTEVILLE's
professional engineering consultant in those assignments to which this Agreement
applies, and shall give consultation and advice to FAYETTEVILLE during the
performance of BURNS & MCDONNELL ENGINEERING'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.
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, cost or fees
THE total payment for Scope of Services in this contract is $336,881.00 and shall not be
exceeded without prior approval of the Fayetteville City Council pursuant to paragraph
4.1.2. If paragraph 4.1.2 is violated by BURNS & MCDONNELL ENGINEERING,
BURNS & MCDONNELL ENGINEERING agrees that the value of any unauthorized
services will reduce its authorized compensation from the 10% cost add-ons in
paragraphs 4.1.1.2 and 4.1.1.4 dollar for dollar.
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SECTION 1
SCOPE OF SERVICES OF BURNS & MCDONNELL ENGINEERING
1.1 General
Res. 79-02
1.1.1 Perform Program Management services in connection with Pre -Design Phase
Projects as hereinafter stated which may include normal civil, structural, mechanical, and
electrical engineering services and normal architectural design services incidental thereto.
1.1.2 Advise FAYETTEVILLE as to the necessity of FAYETTEVILLE providing or
obtaining services or data from others of types described in Paragraph 2.3, make
recommendations as to the possible sources of such services, and act as
FAYETTEVILLE's representative in connection with any such services.
1.2 Identification of Program Status
1.2.1 Consult with FAYETTEVILLE to determine FAYETTEVILLE's requirements for
the Project and collect available data on contracts with Consulting Engineers of Record
(Consulting Engineers).
1.2.2 Review contracts of Consulting Engineers and ascertain the schedules and
deliverables due to FAYETTEVILLE as part of the contracts. Examine cost -to -date and
the status of billings to FAYETTEVILLE for each contract.
1.2.3 Review Arkansas Department of Environmental Quality (ADEQ) requirements for
Facility Plans approval. Meet with ADEQ regarding each Facility Plan being prepared.
1.2.4 Review Facility Plans and assess the level of completion. Determine the activities
remaining before approval.
1.2.5 Review Water Quality Study and assess the level of completion. Determine the
activities remaining before approval.
1.2.6 Conduct a one -day meeting in Fayetteville with the City of Fayetteville staff to
further identify status, scheme, and schedule for the projects. Report to
FAYETTEVILLE the preliminary conclusions gained from examination of Facility Plans
and Water Quality Study. Establish agenda and goals for joint meeting with Consulting
Engineers. Establish goals and expectations and lines of communication for the Program.
1.2.7 Jointly conduct with FAYETTEVILLE separate meetings with each Consulting
Engineer and OMI, Inc. to review Program status, identify concerns and issues which
may impede completion of Consulting Engineers' services, and to receive other feedback
from Consulting Engineers.
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Res. 79-02
Review Consulting Engineers' staffing plan and schedule for completion of the pre -
design activities. Determine status of property acquisition.
1.2.8 Assess the information obtained in the meetings with Consulting Engineers and
prepare an evaluation and recommendations. Present the final results of the evaluation
process to FAYETTEVILLE for final approval. This presentation will highlight the
evaluation process, including status of stakeholder involvement, and identify the
recommendation for proceeding with design activities.
1.3 Develop Steering Document
1.3.1 Prepare a Level 1 concept milestone schedule for the overall Program through the
Design Phase which identifies tasks, phases, projects, or subprojects and prioritizes them.
The concept milestone schedule will provide guidance to FAYETTEVILLE and
Consulting Engineers by establishing "what's first, what's next, what's critical, and what
can be accomplished independent of other aspects of the project". The concept
milestone schedule will identify an initial Critical Path for the overall Program and will
provide direction to the Consulting Engineers through the Design Phase. Establish a
phasing plan to be followed in the design of facilities which will permit continuous
provision of service by existing facilities.
1.3.2 Identify and address items requiring standardization and coordination among the
Consulting Engineers. Topics anticipated include treatment processes, equipment,
SCADA concepts, reliability and redundancy, and facility staffing goals.
1.3.3 Establish schedule and requirements for Value Engineering Services.
1.3.4 Develop design standards and criteria. Develop and maintain design standards for
wastewater treatment plant and sewerage facilities, support facilities, and privately
developed facilities to be adopted by FAYETTEVILLE's Consulting Engineers. By
adopting the design standards, Consulting Engineers will assume full responsibility and
liability for their resulting design services.
BURNS & MCDONNELL ENGINEERING will review design standards provided by
the Consulting Engineers. BURNS & MCDONNELL ENGINEERING will prepare
design standards and criteria for remaining facilities using the existing standards as a
starting point. The design standards will be developed to provide overall design intent
and construction quality objectives with the functional and aesthetic objectives of
FAYETTEVILLE. Establish CADD standards, sheet sizes, borders, and title blocks.
1.3.5 Develop standard contract language. Develop General Conditions for General
Construction Contracts. Develop other documents, including Bidding and Agreement
forms, and Division 1 Specifications.
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Res. 79-02
1.3.6 Disseminate the Steering Document which includes design standards and criteria
and standard contract language, to Consulting Engineers for use in preparation of design
contracts, budgets, and scope.
1.3.7 Assist FAYETTEVILLE in developing standardized Professional Services
Agreements, based on EJCDC documents as a starting point.
1.4 Develop Program Budget
1.4.1 Prepare the overall Program Budget utilizing Consulting Engineers' opinions of
probable construction costs. Formulate independent opinions of probable design fees for
the West Treatment Plant, modifications to the existing Noland Facility, the West sewer
system improvements, and the East sewer system improvements Analyze and include
other likely Program Budget costs.
1.5 Evaluate Status of Permitting Process
1.5.1 Review Arkansas Department of Environmental Quality (ADEQ) requirements for
permitting of facilities.
1.5.2 Identify permitting requirements for the construction and operation of the new and
modified facilities.
1.5.3 Identify the status of the permitting process to date.
1.5.4 Conduct a Fatal Flaw Analysis.
1.5.5 Develop matrix illustrating the permits required, the responsibilities for obtaining
them, the tasks remaining before each permit is obtained, and a schedule for completion
of the permitting process.
1.6 Provide Other Program Management Services
1.6.1 Prepare a Program Management Plan (PMP) describing the responsibilities of the
Program Manager, Consulting Engineers, and construction contractors involved in
management, design, and construction. The PMP will establish procedures enabling
FAYETTEVILLE to monitor the design and construction phases of the projects. The
PMP will emphasize the monitoring of cost, schedule and quality and will establish
procedures to permit FAYETTEVILLE to make timely decisions to properly control the
Program. The PMP will describe review and approvals at all stages of the Program or
projects such as design, construction, security, safety, D/M/WBE programs, logistics, and
communications.
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Res. 79-02
1.6.2 Establish a computer-based Program Management Control System (PMCS) to
monitor and manage the Program schedule, budget, financial requirements, and
D/M/WBE compliance. Establish a document tracking and control system, including
shop drawings, samples, approvals, and changes to the work. The system will be used by
the Program Manager throughout the Program to advise FAYETTEVILLE on schedule
and financial issues and manage the design and construction process. The proposed
system consists of Primavera Expedition project management software, customized to
FAYETTEVILLE's documentation requirements.
Primavera Project Planner (P3) scheduling software will be used for the Master Program
Schedule, which will be used in conjunction with Expedition. Review
FAYETTEVILLE's information retrieval needs and consider providing
FAYETTEVILLE with real-time read-only access to program financial records or
provision of periodic hard copy of desired reports. Establish a public/private Web -based
communications to be used for inter -firm access to selected program information by
FAYETTEVILLE, Program Management Team, and Consulting Engineers.
1.6.3 Assist in developing a Communications Plan to involve the stakeholders during the
concept development and design phase; and promote a positive image of the overall
Program and FAYETTEVILLE. The plan may include newsletters, press releases,
message boards, and the Project web site. The plan development and implementation
will be coordinated with FAYETTEVILLE's Public Relations staff.
1.6.4 Prepare a Master Program Schedule by refining the conceptual milestone schedule.
Develop the Master Program Schedule through design development, construction
documents, and construction. Cost load the schedule, based on program activities, for
cash flow and spending plan analysis. Benchmark the program schedule and update
based on actual progress of activities.
1.6.5 Prepare and coordinate up to four reports or presentations to the City Council, City
staff, or other parties as directed by FAYETTEVILLE.
1.7 It is anticipated that the above-described Scope of Services can be
completed in 2758 person hours.
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SECTION 2 RESPONSIBILITIES OF FAYETTEVILLE
Res. 79-02
FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
BURNS & MCDONNELL ENGINEERING:
2.1 Provide full information as to FAYETTEVILLE's requirements for the Project.
2.2 Assist BURNS & MCDONNELL ENGINEERING by placing at BURNS &
MCDONNELL ENGINEERING's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
2.3 Furnish BURNS & MCDONNELL ENGINEERING services or data such as core
borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and
inspections of samples, materials, and equipment; appropriate professional interpretations
of all of the foregoing; property, boundary, easement, right-of-way, topographic, and
utility surveys; zoning and deed restrictions; and other special data or consultations, all of
which BURNS & MCDONNELL ENGINEERING may rely upon in performing its
services under this Agreement.
2.4 Guarantee access to and make all provisions for BURNS & MCDONNELL
ENGINEERING to enter upon public and private property as required for BURNS &
MCDONNELL ENGINEERING to perform its services under this Agreement.
2.5 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings,
proposals, and other documents presented by BURNS & MCDONNELL
ENGINEERING and render in writing decisions pertaining thereto.
2.6 Provide such professional legal, accounting, financial, and insurance counseling
services as may be required for the Project.
2.7 Designate in writing a person to act as FAYETTEVILLE's representative with
respect to the services to be performed under this Agreement. Such person shall have
complete authority to transmit instructions, receive information, interpret and define
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.
2.8 Give prompt written notice to BURNS & MCDONNELL ENGINEERING whenever
FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project.
2.9 Furnish approvals and permits from all governmental authorities having jurisdiction
over the Project and such approvals and consents from others as may be necessary for
completion of the Project.
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Res. 79-02
2.10 If BURNS & MCDONNELL ENGINEERING's standard bidding requirements,
Agreement forms and General Conditions are not to be used but FAYETTEVILLE's
documents are to be used instead, FAYETTEVILLE shall provide copies of such
documents for BURNS & MCDONNELL ENGINEERING's use in coordinating the
Contract Drawings and Specifications.
SECTION 3 PERIOD OF SERVICE
3.1 BURNS & MCDONNELL ENGINEERING will proceed with providing the services
set forth herein immediately upon the execution of this Agreement. These services will
be completed within 120 days of the execution of this Agreement subject to adjustment
from factors outside BURNS & MCDONNELL ENGINEERING's control, e.g.,
permitting, etc.
SECTION 4 PAYMENTS TO BURNS & MCDONNELL ENGINEERING
4.1 Compensation
4.1.1 Amount of Payment.
For services performed, FAYETTEVILLE shall pay the BURNS & MCDONNELL
ENGINEERING the sum of the following:
4.1.1.1 For time expended by personnel, payment at the hourly rates indicated in the
attached "Schedule of Hourly Professional Service Billing Rates" Form BMR 902. Such
rates include overhead and profit. The schedule is effective to January 1, 2003, and will
be revised annually.
4.1.1.2 For outside expenses incurred by BURNS & MCDONNELL ENGINEERING,
such as authorized travel and subsistence, including airfare, food, lodging, automobile
rental, commercial services, courier deliveries, and incidental expenses, the cost to
BURNS & MCDONNELL ENGINEERING plus 10 percent.
4.1.1.3 For normal computer usage, computer-aided drafting (CAD), telephone, fax,
photocopy and mail services, a technology charge in accordance with the "Schedule of
Hourly Professional Service Billing Rates" in effect at the time the service is provided.
Specialty items are not included in the technology charge. For reproduction, printing and
binding of documents, and vehicle and testing apparatus usage, amounts as determined
from BURNS & MCDONNELL ENGINEERING's schedule of rates in effect at the time
the service is provided.
4.1.1.4 For services rendered by others as subcontractor(s) to BURNS & MCDONNELL
ENGINEERING, such as value engineering, surveying, real property descriptions, soil
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Res. 79-02
borings, subsurface investigations, laboratory testing, field quality control tests, progress
photographs, or other activities required or requested by FAYETTEVILLE, the cost to
BURNS & MCDONNELL ENGINEERING plus 10 percent.
4.1.2 The total payment for the Scope of Services described herein is estimated to be
Three Hundred Thirty Six Thousand Eight Hundred Eighty One United States
Dollars ($336,881.00), but is not a guaranteed maximum. The total payment is
based on expending no more than 2758 person -hours.
4.2 Statements
4.2.1 Monthly statements, in engineer's standard format, will be submitted by BURNS &
MCDONNELL ENGINEERING to FAYETTEVILLE. Statements will be submitted
covering services and expenses incurred during the preceding month.
4.3 Payments
4.3.1 Statements are payable upon receipt and due within thirty (30) days. If a portion of
BURNS & MCDONNELL ENGINEERING's statement is disputed by
FAYETTEVILLE, the undisputed portion shall be paid by FAYETTEVILLE by the due
date. FAYETTEVILLE shall advise BURNS & MCDONNELL ENGINEERING in
writing of the basis for any disputed portion of any statement.
SECTION 5 GENERAL CONSIDERATIONS
5.1 Insurance
5.1.1 During the course of performance of these services, BURNS & MCDONNELL
ENGINEERING will maintain (in United States Dollars) the following minimum
insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability:
Type of Coverage
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
Limits of Liability
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000.00
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If requested, BURNS & MCDONNELL ENGINEERING will provide to
FAYETTEVILLE certificates as evidence of the specified insurance.
Res. 79-02
5.1.2 Construction Contractors shall be required to provide (or FAYETTEVILLE may
provide) FAYETTEVILLE's Protective Liability Insurance naming FAYETTEVILLE as
a Named Insured and BURNS & MCDONNELL ENGINEERING as an additional
insured, or, to endorse FAYETTEVILLE and BURNS & MCDONNELL
ENGINEERING as additional insureds on construction Contractor's liability insurance
policies covering claims for personal injuries and property damage. Construction
Contractors shall be required to provide certificates evidencing such insurance to
FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING.
5.1.3 FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING 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 BURNS &
MCDONNELL ENGINEERING's services. If the services result in a Construction
Phase, a provision similar to this shall be incorporated into all Construction Contracts
entered into by FAYETTEVILLE, and all construction Contractors shall be required to
provide waivers of subrogation in favor of FAYETTEVILLE and BURNS &
MCDONNELL ENGINEERING for damage or liability covered by any construction
Contractor's policy of insurance.
5.2 Professional Responsibility
5.2.1 BURNS & MCDONNELL ENGINEERING will exercise reasonable skill, care,
and diligence in the performance of BURNS & MCDONNELL ENGINEERING's
services and will carry out its responsibilities in accordance with customarily accepted
professional engineering practices. If BURNS & MCDONNELL ENGINEERING fails
to meet the foregoing standard, BURNS & MCDONNELL ENGINEERING will perform
at its own cost, and without reimbursement from FAYETTEVILLE, the professional
engineering services necessary to correct errors and omissions which are caused by
BURNS & MCDONNELL ENGINEERING's failure to comply with above standard,
and which are reported to BURNS & MCDONNELL ENGINEERING within three years
from the completion of BURNS & MCDONNELL ENGINEERING's services for the
Project. FAYETTEVILLE retains all other remedies to recover for its damages caused
by any negligence of BURNS & MCDONNELL ENGINEERING.
5.2.2 In addition, BURNS & MCDONNELL ENGINEERING will be responsible to
FAYETTEVILLE for damages caused by its negligent conduct during its activities at the
Project Site to the extent covered by BURNS & MCDONNELL ENGINEERING's
Commercial General Liability, Automobile Liability Insurance and Professional Liability
Insurance policies as specified in Paragraph 5.1.1.
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5.3 Cost Opinions and Projections
Res. 79-02
Cost opinions and projections prepared by BURNS & MCDONNELL ENGINEERING
relating to construction costs and schedules, operation and maintenance costs, equipment
characteristics and performance, and operating results are based on BURNS &
MCDONNELL ENGINEERING's experience, qualifications, and judgment as a design
professional. Since BURNS & MCDONNELL ENGINEERING 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, BURNS
& MCDONNELL ENGINEERING does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and
projections prepared by BURNS & MCDONNELL ENGINEERING
5.4 Changes
FAYETTEVILLE shall have the right to make changes within the general scope of
BURNS & MCDONNELL ENGINEERING's services, with an appropriate change in
compensation and schedule, only after Fayetteville City Council approval of such
proposed changes and upon execution of a mutually acceptable amendment or change
order signed by the Mayor of the City of FAYETTEVILLE and the President or any Vice
President of the BURNS & MCDONNELL ENGINEERING
5.5 Suspension of Services
Should FAYETTEVILLE fail to fulfill its responsibilities as provided under Section 2 to
the extent that BURNS & MCDONNELL ENGINEERING is unduly hindered in
BURNS & MCDONNELL ENGINEERING's services or if FAYETTEVILLE fails to
make any payment to BURNS & MCDONNELL ENGINEERING on account of
BURNS & MCDONNELL ENGINEERING's services and expenses within 90 days after
receipt of BURNS & MCDONNELL ENGINEERING's bill therefore, BURNS &
MCDONNELL ENGINEERING may, after giving seven days' written notice to
FAYETTEVILLE, suspend services under this Agreement until FAYETTEVILLE has
satisfied FAYETTEVILLE's obligations under this Agreement.
5.6 Termination
5.6.1 Services may be terminated by FAYETTEVILLE or BURNS & MCDONNELL
ENGINEERING by seven (7) days' written notice in the event of substantial failure to
perform in accordance with the Terms hereof by the other party through no fault of the
terminating party. Failure on the part of FAYETTEVILLE to make payments to BURNS
& MCDONNELL ENGINEERING when due shall be considered substantial
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Res. 79-02
nonperformance and cause for termination. If so terminated, FAYETTEVILLE shall pay
BURNS & MCDONNELL ENGINEERING all amounts due BURNS & MCDONNELL
ENGINEERING for all services properly rendered and expenses incurred to the date of
receipt of notice of termination, plus reasonable costs incurred by BURNS &
MCDONNELL ENGINEERING in terminating the services.
5 6 2 In the event of premature termination of the Project by FAYETTEVILLE and
through no fault of BURNS & MCDONNELL ENGINEERING, BURNS &
MCDONNELL ENGINEERING shall be entitled to: 1) recover all reasonable costs and
expenses incurred to date of termination plus all costs incurred to assemble and close
Project files and documents; 2) unavoidable down time in the reassignment of Project
staff; 3) termination penalties/expenses related to third parties retained by BURNS &
MCDONNELL ENGINEERING in regard to its obligations under this contract; plus 4) a
termination amount of 15 percent of the remaining portion of the total compensation (or
estimated compensation) agreed to herein or by separate authorization to cover lost
profits, damages, and lost opportunity costs which cannot otherwise be accurately
calculated.
5.7 Delays
In the event the services of BURNS & MCDONNELL ENGINEERING are suspended or
delayed by FAYETTEVILLE, BURNS & MCDONNELL ENGINEERING shall be
entitled to additional compensation for reasonable costs incurred by BURNS &
MCDONNELL ENGINEERING in temporarily closing down or delaying the Project and
reassigning Project staff (including, but not limited to, unavoidable down time and any
termination expenses incurred where reassignment is not reasonably possible) and in
organizing Project files, records, and work in progress for suspension and later
resumption of BURNS & MCDONNELL ENGINEERING's services.
5.8 Disputes
In the event that a dispute should arise relating to the performance of the services to be
provided and should that dispute result in litigation, it is agreed that the prevailing party
shall be entitled to recover all reasonable costs of litigation, including staff time, court
costs, attorneys' fees, and other related expenses.
5.9 Rights and Benefits
BURNS & MCDONNELL ENGINEERING's services will be performed solely for the
benefit of FAYETTEVILLE and not for the benefit of any other persons or entities.
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5.10 Dispute Resolution
Res. 79-02
5.10.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all
disputes between FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING
which anse 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 FAYETTEVILLE or BURNS & MCDONNELL ENGINEERING in the
performance of this Agreement, and disputes conceming payment.
5.10.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate and, if necessary, mediate their disputes as set forth in this Paragraph. If timely
Notice is given under Paragraph 5.10.3, 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 5.10.3 and 5.10.4 have been
complied with.
5.10.3 Notice of Dispute
5.10.3.1 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;
5.10.3.2 For disputes arising after the making of final payment, FAYETTEVILLE shall
give BURNS & MCDONNELL ENGINEERING written Notice at the address listed in
Paragraph 5.18 within ninety (90) 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.
5.10.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for
FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING 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 BURNS &
MCDONNELL ENGINEERING and the Mayor of the 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.
5.10.5 Mediation. If FAYETTEVILLE's and BURNS & MCDONNELL
ENGINEERING's said officers are unable to resolve the dispute, then either side may
request that the matter be submitted to mediation before a mediator is mutually agreed
upon. If the parties cannot agree on a mediator, then the American Arbitration
Association shall appoint one upon request. Any administrative or mediator's fees shall
be split equally between the parties.
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5.11 FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to BURNS & MCDONNELL ENGINEERING for services
rendered by BURNS & MCDONNELL ENGINEERING.
5.12 Publications
Recognizing the importance of professional development on the part of BURNS &
MCDONNELL ENGINEERING's employees and the importance of BURNS &
MCDONNELL ENGINEERING's public relations, BURNS & MCDONNELL
ENGINEERING may prepare publications, such as technical papers, articles for
periodicals, and press releases, pertaining to BURNS & MCDONNELL
ENGINEERING's services for the Project. Such publications will be provided to
FAYETTEVILLE in draft form for FAYETTEVILLE's advance review.
FAYETTEVILLE shall review such drafts promptly and provide FAYETTEVILLE's
comments to BURNS & MCDONNELL ENGINEERING. FAYETTEVILLE may
require deletion of proprietary data or confidential information from such publications,
but otherwise FAYETTEVILLE will not unreasonably withhold approval. The cost of
BURNS & MCDONNELL ENGINEERING's activities pertaining to any such
publication shall be for BURNS & MCDONNELL ENGINEERING's account.
5.13 Indemnification
5.13.1 FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless FAYETTEVILLE and BURNS & MCDONNELL
ENGINEERING from and against any and all loss where loss is 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.
5.14 Computer Models
BURNS & MCDONNELL ENGINEERING may use or modify BURNS &
MCDONNELL ENGINEERING's proprietary computer models in service of
FAYETTEVILLE under this Agreement, or BURNS & MCDONNELL ENGINEERING
may develop computer models during BURNS & MCDONNELL ENGINEERING's
service to FAYETTEVILLE under this Agreement Such use, modification, or
development by BURNS & MCDONNELL ENGINEERING does not constitute a
license to FAYETTEVILLE to use or modify BURNS & MCDONNELL
ENGINEERING's computer models. Said proprietary computer models shall remain the
sole property of BURNS & MCDONNELL ENGINEERING. FAYETTEVILLE and
BURNS & MCDONNELL ENGINEERING will enter into a separate license agreement
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if FAYETTEVILLE wishes to use BURNS & MCDONNELL ENGINEERING's
computer models.
5.15 Notices
Any Notice required under this Agreement will be in writing, addressed to the
appropriate party at the following addresses:
FAYETTEVILLE's address:
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BURNS & MCDONNELL ENGINEERING's address:
Burns & McDonnell Engineering Co., Inc.
9400 Ward Parkway
Kansas City, MO 64114
5.16 Successor and Assigns
FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING each binds itself and
its 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 FAYETTEVILLE
nor BURNS & MCDONNELL ENGINEERING shall assign, sublet, or transfer its
interest in the Agreement without the written consent of the other.
5.17 Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
5.18 Entire Agreement
This Agreement represents the entire Agreement between BURNS & MCDONNELL
ENGINEERING and FAYETTEVILLE relative to the Scope of Services herein. All
previous or contemporaneous agreements, representations, promises, and conditions
relating to BURNS & MCDONNELL ENGINEERING's services described herein are
superseded. Since terms contained in purchase orders do not generally apply to
professional services, in the event FAYETTEVILLE issues to BURNS & MCDONNELL
ENGINEERING a purchase order, no preprinted terms thereon shall become a part of this
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Res.. 79-02
Agreement. Said purchase order document, whether or not signed by BURNS &
MCDONNELL ENGINEERING, shall be considered as a document for
FAYETTEVILLE's internal management of its operations.
SECTION 6 SPECIAL CONDITIONS
6.1 Additional Responsibilities of the BURNS & MCDONNELL ENGINEERING:
6.1.1 FAYETTEVILLE's or ASWCC's review, approval, or acceptance of design
drawings, specifications, reports, and other services furnished hereunder shall not in any
way relieve BURNS & MCDONNELL ENGINEERING of responsibility for the
technical adequacy of the work. Neither FAYETTEVILLE's nor ASWCC'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.
6.1.2 BURNS & MCDONNELL ENGINEERING shall be and shall remain liable, in
accordance with applicable law, for all damages to FAYETTEVILLE caused by BURNS
& MCDONNELL ENGINEERING's negligent performance of any of the services
furnished under this Agreement except for errors, omissions or other deficiencies to the
extent attributable to FAYETTEVILLE or FAYETTEVILLE-furnished data.
6.1.3 BURNS & MCDONNELL ENGINEERING's obligations under this clause are in
addition to BURNS & MCDONNELL ENGINEERING's other express or implied
assurances under this Agreement or State law and in no way diminish any other rights
that FAYETTEVILLE may have against BURNS & MCDONNELL ENGINEERING for
faulty materials, equipment, or work.
6.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims,
disputes and other matters in question between FAYETTEVILLE and BURNS &
MCDONNELL ENGINEERING arising out of or relating to this Agreement or the
breach thereof will be decided by arbitration if the parties mutually agree, or in a court of
competent jurisdiction within Arkansas.
6.3 Audit: Access to Records
6.3.1 BURNS & MCDONNELL ENGINEERING 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. BURNS &
MCDONNELL ENGINEERING shall also maintain the financial information and data
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Res. 79-02
used by BURNS & MCDONNELL ENGINEERING in the preparation of support of the
cost submission required for any negotiated agreement or change order and send to
FAYETTEVILLE a copy of the cost summary submitted. The United States
Environmental Protection Agency, the Comptroller General of the United States, the
United States Department of Labor, 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. BURNS & MCDONNELL ENGINEERING will provide proper facilities for
such access and inspection.
6.3.2 Records under Paragraph 6.3.1 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.
6.3.3 This right of access clause (with respect to financial records) applies to:
6.3.3.1 Negotiated prime agreements;
6.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000
affecting the price of any formally advertised, competitively awarded, fixed price
agreement;
6.3.3.3 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:
(1) With respect to record pertaining directly to subagreement performance, excluding
any financial records of BURNS & MCDONNELL ENGINEERING;
(2) If there is any indication that fraud, gross abuse or corrupt practices may be involved;
(3) If the subagreement is terminated for default or for convenience.
6.4 Covenant Against Contingent Fees
BURNS & MCDONNELL ENGINEERING warrants that no person or selling agency
has been employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by
BURNS & MCDONNELL ENGINEERING for the purpose of securing business. For
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breach or violation of this warranty, FAYETTEVILLE shall have the right to annul this
Agreement without liability or at its discretion, to deduct from the contract price or
consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
6.5 Gratuities
6.5.1 If FAYETTEVILLE finds after a notice and hearing that BURNS &
MCDONNELL ENGINEERING, or any of BURNS & MCDONNELL
ENGINEERING's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of FAYETTEVILLE,
the State or EPA in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement,
FAYETTEVILLE may, by written notice to BURNS & MCDONNELL
ENGINEERING, terminate this Agreement. FAYETTEVILLE may also pursue other
rights and remedies that the law or this Agreement provides. However, the existence of
the facts on which FAYETTEVILLE bases such finding shall be in issue and may be
reviewed in proceedings under the Remedies clause of the Agreement.
6.5.2 In the event this Agreement is terminated as provided in Paragraph 6.5.1,
FAYETTEVILLE may pursue the same remedies against BURNS & MCDONNELL
ENGINEERING as it could pursue in the event of a breach of the Agreement by BURNS
& MCDONNELL ENGINEERING. As a penalty, in addition to any other damages to
which it may be entitled (as determined by FAYETTEVILLE) which shall be not less
than three nor more than ten times the costs BURNS & MCDONNELL ENGINEERING
incurs in providing any such gratuities to any such officer or employee.
6.6 Arkansas Freedom of Information Act. BURNS & MCDONNELL ENGINEERING
agrees that it will provide to FAYETTEVILLE, at a cost to be agreed upon, all
documents in its possession that are, under this Agreement, the property of
FAYETTEVILLE and which FAYETTEVILLE believes to be subject to an Arkansas
Freedom of Information Act request made to it, or, in anticipation of such a request,
which it believes necessary for it to possess. BURNS & MCDONNELL
ENGINEERING further agrees that it will request of all subconsultants, retained by
BURNS & MCDONNELL ENGINEERING to perform services under this Agreement,
to provide to FAYETTEVILLE, at a cost to be agreed upon, all documents in the
possession of such subconsultants that are, under this Agreement, the property of
FAYETTEVILLE and which FAYETTEVILLE believes to be subject to an Arkansas
Freedom of Information Act request made to FAYETTEVILLE, or, in anticipation of
such a request, which it believes necessary for FAYETTEVILLE to possess. BURNS &
MCDONNELL ENGINEERING will produce all documents or material in the format
that are kept by BURNS & MCDONNELL ENGINEERING, or at the option of BURNS
& MCDONNELL ENGINEERING, in some other format. If a specialized format is
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requested by FAYETTEVILLE, the cost of conversion, if that additional responsibility is
accepted by BURNS & MCDONNELL ENGINEERING, will be borne by
FAYETTEVILLE at the then prevailing rates for the parties actually performing the
conversion. Production of requested items will be done with reasonable diligence, but
cannot in some circumstances be within the time frame established by the Act. The
above and foregoing provisions apply only to work performed from this date forward and
does not apply retroactively. Nothing in this Agreement shall constitute an acceptance of
BURNS & MCDONNELL ENGINEERING or its subconsultants to the application of
the Arkansas Freedom of Information Act to BURNS & MCDONNELL ENGINEERING
or its subconsultants or to BURNS & MCDONNELL ENGINEERING's or
subconsultant's books, records, drawings, or other items not constituting the property of
FAYETTEVILLE under this Agreement, nor a waiver of its rights to object to any
requests made to it pursuant to the Arkansas Freedom of Information Act by any person
or entity not a party to this Agreement.
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IN WITNESS WHEREOF, the CITY OF FAYETTEVILLE, ARKANSAS, by and
through its Mayor, and BURNS & MCDONNELL ENGINEERING COMPANY, INC.,
by its authorized officer have made and executed this Agreement as of the day and year
first above written.
CITY OF FAYETTEVILLE, ARKANSAS
BUk7SONNELL ENGINEERING COMPANY, INC.
Bv:
00-frfrw.e 912 -Le
etierent, Infrastructure Group
roject Manager
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, cost or fees.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
19
}Greg Boettcher -agrpes-st1.Fay.PDF a a Page 11
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
BURNS & McDONNELL ENGINEERING COMPANY, INC.
Kansas City, Missouri
THIS AGREEMENT is made as of 2002, by and between City of Fayetteville,
Arkansas (hereinafter called OWNER) and Bums & McDonnell Engineering Company, Inc., a Missouri
Corporation specializing in consulting engineering services (hereinafter called ENGINEER).
OWNER requires professional engineering services in connection with the program management of
study, design, construction, operation, maintenance, management, and financing of wastewater treatment
and conveyance facilities. Therefore, OWNER and ENGINEER in consideration of their mutual
covenants agree as follows:
ENGINEER shall serve as OWNER's professional engineering consultant in those assignments to which
this Agreement applies, and shall give consultation and advice to OWNER 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 SCOPE OF SERVICES OF ENGINEER
1.1 General
Perform Program Management services in connection with Pre -Design Phase Projects as
hereinafter stated which may include normal civil, structural, mechanical, and electrical
engineering services and normal architectural design services incidental thereto.
1.1.2 Advise OWNER as to the necessity of OWNER providing or obtaining services or data from
others of types described in Paragraph 2.3, make recommendations as to the possible sources
of such services, and act as OWNER S representative in connection with any such services.
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1.2 Identification of Program Status
1.2.1 Consult with OWNER to determine OWNER s requirements for the Project and collect
available data on contracts with Consultants of Record (Consultants).
1.2.2 Review contracts of Consultants and ascertain the schedules and deliverables due to the
OWNER as part of the contracts. Examine cost -to -date and the status of billings to the
OWNER for each contract.
1.2.3 Review Arkansas Department of Environmental Quality (ADEQ) requirements for Facility
Plans approval. Meet with ADEQ regarding each Facility Plan being prepared.
1.2.4 Review Facility Plans and assess the level of completion. Determine the activities remaining
before approval.
1.2.5 Review Water Quality Study and assess the level of completion. Determine the activities
remaining before approval.
1.2.6 Conduct a one -day meeting in Fayetteville with OWNER and staff to further identify status,
scheme, and schedule for the projects. Report to the OWNER the preliminary conclusions
gained from examination of Facility Plans and Water Quality Study. Establish agenda and
goals for joint meeting with Consultants. Establish goals and expectations and lines of
communication for the Program.
1.2.7 Jointly conduct with the OWNER separate meetings with each Consultant and OMI, Inc. to
review Program status, identify concerns and issues which may impede completion of
Consultants' services, and to receive other feedback from Consultants. Review Consultants'
staffing plan and schedule for completion of the pre -design activities. Determine status of
property acquisition.
1.2.8 Assess the information obtained in the meetings with Consultants and prepare an evaluation
and recommendations. Present the final results of the evaluation process to OWNER for final
approval. This presentation will highlight the evaluation process, including status of
stakeholder involvement, and identify the recommendation for proceeding with design
activities.
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1.3 Develop Steering Document
1.3.1 Prepare a Level 1 concept milestone schedule for the overall Program through the Design
Phase which identifies tasks, phases, projects, or subprojects and prioritizes them. The
concept milestone schedule will provide guidance to the OWNER and Consultants by
establishing "what's first, what's next, what's critical , and what can be accomplished
independentof other aspectsof the project". The concept milestone schedule will identify an
initial Critical Path for the overall Program and will provide direction to the Consultants
through the Design Phase. Establish a phasing plan to be followed in the design of facilities
which will permit continuous provision of service by existing facilities.
1.12 Identify and address items requiring standardization and coordination among the Consultants.
Topics anticipated include treatment processes, equipment, SCADA concepts, reliability and
redundancy, and facility staffing goals.
1.3.3 Establish schedule and requirements for Value Engineering Services.
1.3.4 Develop design standards and criteria. Develop and maintain design standards for
wastewater treatment plant and sewerage facilities, support facilities, and privately developed
facilities to be adopted by the OWNER's Consultants. By adopting the design standards,
Consultants will assume full responsibility and liability for their resulting design services.
ENGINEER will review design standards provided by the Consultants. ENGINEER will
prepare design standards and criteria for remaining facilities using the existing standards as a
starting point. The design standards will be developed to provide overall design intent and
construction quality objectives with the functional and aesthetic objectives of the OWNER.
Establish CADD standards, sheet sizes, borders, and title blocks.
1.3.5 Develop standard contract language. Develop General Conditions for General Construction
Contracts. Develop other documents, including Bidding and Agreement forms, and
Division 1 Specifications.
1.3.6 Disseminate the Steering Document which includes design standards and criteria and
standard contract language, to Consultants for use in preparation of design contracts, budgets,
and scope.
1.3.7 Assist OWNER in developing standardized Professional Services Agreements, based on
EICDC documents as a starting point.
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1.4 Develop Program Budget
Page 4
1.4.1 Prepare the overall Program Budget utilizing Consultants' opinions of probable construction
costs. Formulate independent opinions of probable design fees for the West Treatment Plant,
modifications to the existing Noland Facility, the West sewer system improvements, and the
East sewer system improvements. Analyze and include other likely Program Budget costs.
1.5 Evaluate Status of Permitting Process
1.5.1 Review Arkansas Department of Environmental Quality (ADEQ) requirements for permitting
of facilities
1.5.2 Identify permitting requirements for the construction and operation of the new and modified
facilities.
1.5.3 Identify the status of the permitting process to date.
1.5.4 Conduct a Fatal Flaw Analysis.
1.5.5 Develop matrix illustrating the permits required, the responsibilities for obtaining them, the
tasks remaining before each permit is obtained, and a schedule for completion of the
permitting process.
1.6 Provide Other Program Management Services
1.6.1 Prepare a Program Management Plan (PMP) describing the responsibilities of the Program
Manager, Consultants, and construction contractors involved in management, design, and
construction. The PMP will establish procedures enabling the OWNER to monitor the design
and construction phases of the projects. The PMP will emphasize the monitoring of cost,
schedule and quality and will establish procedures to permit the OWNER to make timely
decisions to properly control the Program. The PMP will describe review and approvals at all
stages of the Program or projects such as design, construction, security, safety, D/M/WBE
programs, logistics, and communications.
1.6.2 Establish a computer-based Program Management Control System (PMCS) to monitor and
manage the Program schedule, budget, financial requirements, and D/M/WBE compliance.
Establish a document tracking and control system, including shop drawings, samples,
approvals, and changes to the work. The system will be used by the Program Manager
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throughout the Program to advise the OWNER on schedule and financial issues and manage
the design and construction process. The proposed system consists of Primavera Expedition
project management software, customized to the OWNER'S documentation requirements.
Primavera Project Planner (P3) scheduling software will be used for the Master Program
Schedule, which will be used in conjunction with Expedition. Review OWNER's
information retrieval needs and consider providing OWNER with real-time read-only access
to program financial records or provision of periodic hard copy of desired reports. Establish
a public/private Web -based communications to be used for inter -firm access to selected
program information by the OWNER, Program Management Team, and Consultants.
1.6.3 Assist in developing a Communications Plan to involve the stakeholders during the concept
development and design phase; and promote a positive image of the overall Program and the
OWNER. The plan may include newsletters, press releases, message boards, and the Project
web site. The plan development and implementation will be coordinated with OWNER s
Public Relations staff.
1.6.4 Prepare a Master Program Schedule by refining the conceptual milestone schedule. Develop
the Master Program Schedule through design development, construction documents, and
construction. Cost load the schedule, based on program activities, for cash flow and spending
plan analysis. Benchmark the program schedule and update bacrd on actual progress of
activities.
1.6.5 Prepare and coordinate up to four reports or presentations to the City Council, City staff, or
other parties as directed by the OWNER.
1.7 It is anticipated that the above described Scope of Services can be completed in 2758 person -
hours.
SECTION 2 RESPONSIBILITIES OF OWNER
OWNER shall, within a reasonable time, so as not to delay the services of ENGINEER:
2.1 Provide full information as to OWNER s requirements for the Project.
2.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
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2.3 Furnish ENGINEER services or data such as core borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment;
appropriate professional interpretations of all of the foregoing; property, boundary, easement,
right-of-way, topographic, and utility surveys; zoning and deed restrictions; and other special data
or consultations, all of which ENGINEER may rely upon in performing his services under this
Agreement.
2.4 Guarantee access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform his services under this Agreement.
2.5 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and
other documents presented by ENGINEER and render in writing decisions pertaining thereto.
2.6 - Provide such professional legal, accounting, financial, and insurance counseling services as may
be required for the Project.
2.7 Designate in writing a person to act as OWNER's representative with respect to the services to be
performed under this Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define OWNER 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.
2.8 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any defect in the Project.
2.9 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project.
2.10 If ENGINEER s standard bidding requirements, Agreement forms and General Conditions are
not to be used but OWNER's documents are to be used instead, OWNER shall provide copies of
such documents for ENGINEER's use in coordinating the Contract Drawings and Specifications.
SECTION 3 PERIOD OF SERVICE
3.1 ENGINEER will proceed with providing the services set forth herein immediately upon the
execution of this Agreement. These services will be completed within 120 days of the execution
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of this Agreement subject to adjustment from factors outside ENGINEER's control, e.g.,
permitting, etc.
SECTION 4 PAYMENTS TO ENGINEER
4.1 Compensation
4.1.1 Amount of Payment:
For services performed, the OWNER shall pay the ENGINEER the sum of the following:
4.1.1.1 For time expended by personnel, payment at the hourly rates indicated in the attached
"Schedule of Hourly Professional Service Billing Rates" Form BMR 902. Such rates include
overhead and profit. The schedule is effective to January 1, 2003, and will be revised
annually.
4.1.1.2 For outside expenses incurred by ENGINEER, such as authorized travel and subsistence,
including airfare, food, lodging, automobile rental, commercial services, courier deliveries,
and incidental expenses, the cost to ENGINEER plus 10 percent.
4.1.1.3 For normal computer usage, computer-aided drafting (CAD), telephone, fax, photocopy and
mail services, a technology charge in accordance with the "Schedule of Hourly Professional
Service Billing Rates" in effect at the time the service is provided. Specialty items are not
included in the technology charge. For reproduction, printing and binding of documents, and
vehicle and testing apparatus usage, amounts as determined from ENGINEER's schedule of
rates in effect at the time the service is provided.
4.1.1.4 For services rendered by others as subcontractor(s) to ENGINEER, such as value
engineering, surveying, real property descriptions, soil borings, subsurface investigations,
laboratory testing, field quality control tests, progress photographs, or other activities
required or requested by OWNER, the cost to ENGINEER plus 10 percent.
4.1.2 The total payment for the Scope of Services described herein is estimated to be Three
Hundred Thirty Six Thousand Eight Hundred Eighty One United States Dollars
($336,881.00), but is not a guaranteed maximum. The total payment is based on expending
no more than 2758 person -hours.
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4.2 Statements
4.2.1 Monthly statements, in ENGINEER s standard format, will be submitted by the ENGINEER
to the OWNER. Statements will be submitted covering services and expenses incurred
during the preceding month.
4.3 Payments
4.3,1 Statements are payable upon receipt. A late payment charge of 1.5 percent per month or any
partial month will be added to amounts not received within 30 days of the statement date.
Time is of the essence in payments of statements, and timely payment is a material part of the
consideration of this Agreement. Costs, including reasonable attorneys fees, incurred by the
ENGINEER in collecting any delinquent amount shall be reimbursed by the OWNER. If a
portion of ENGINEER s statement is disputed by OWNER, the undisputed portion shall be
paid by OVTIER by the due date. The OWNER shall advise the ENGINEER in writing of
the basis for any disputed portion of any statement.
4.4 Taxes
4.4.1 Taxes, other than United States federal and state income taxes, and Kansas City, Missouri
eamings tax, as may be imposed by the United States, state, and local authorities, shall be in
addition to the payment stated under "Amount of Payment."
SECTION 5 GENERAL CONSIDERATIONS
5.1 Insurance
5.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation Statutory
Employers' Liability 5500,000 Each Accident
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Type of Coverage Limits of Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
If requested, ENGINEER will provide to OWNER certificates as evidence of the specified insurance.
5.1.2 Construction Contractors shall be required to provide (or OWNER may provide) Owners'
Protective Liability Insurance naming the OWNER as a Named Insured and the ENGINEER
as an additional insured, or, to endorse OWNER and ENGINEER as additional insureds on
construction Contractor's liability insurance policies covering claims for personal injuries and
property damage. Construction Contractors shall be required to provide certificates
evidencing such insurance to the OWNER and ENGINEER.
5.1.3 OWNER 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. If the services result in a Construction Phase, a
provision similar to this shall be incorporated into all Construction Contracts entered into by
OWNER, and all construction Contractors shall be required to provide waivers of subrogation
in favor of OWNER and ENGINEER for damage or liability covered by any construction
Contractor's policy of insurance.
5.2 Professional Responsibility
5.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER s services and will cavy out its responsibilities in accordance with customarily
accepted professional engineering practices. If the ENGINEER fails to meet the foregoing
standard, ENGINEER will perform at its own cost, and without reimbursement from
OWNER, the professional engineering services necessary to correct errors and omissions
which are caused by ENGINEER's failure to comply with above standard, and which are
reported to ENGINEER within one year from the completion of ENGINEER s services for
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the Project. The obligations and representations contained in this Article are ENGINEER's
sole obligation and OWNER's exclusive remedy with respect to the quality of services.
OWNER's failure to properly operate and maintain the Facility or allow ENGINEER to
perform such remedial services as ENGINEER may deem appropriate shall relieve
ENGINEER of its obligation relative to such improper operation or maintenance.
5.2.2 In addition,
subject to the limitation stated in Paragraph
5.2.4 below,
ENGINEER will be
responsible
to OWNER for damages caused by its negligent
conduct
during its activities at
the Project
Site to the extent covered by ENGINEER's
Commercial
General Liability and
Automobile
Liability Insurance policies as specified in
Paragraph 5.1.1.
5.2.3 In no event will ENGINEER be liable for any special, indirect, or consequential damages
including, without limitation, damages or losses in the nature of increased Project costs, loss
of revenue or profit, lost production, claims by customers of OWNER, or governmental fines
or penalties.
5.2.4 The ENGINEER's aggregate liability for all damages connected with its services for the
Project not excluded by the preceding subparagraph will not exceed the greater of
USSI00,000 or the compensation paid under this Agreement.
5.2.5 The obligations and remedies stated in this Paragraph 5.2, Professional Responsibility, are the
sole and exclusive obligations of ENGINEER and remedies of OWNER, regardless of the
cause of action pled including, without limitation, negligence of every character.
5.3 Cost Opinions and Projections
Cost opiniohs 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.
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5.4 Changes
OWNER shall have
the right to make changes
within the general
scope of ENGINEER's services,
with an appropriate
change in compensation and schedule, upon
execution of a mutually
acceptable amendment or change order signed
by an authorized
representative of the OWNER
and the President or any Vice President of the ENGINEER.
5.5 Suspension of Services
Should OWNER fail to fulfill his responsibilities as provided under Section 2 to the extent that
ENGINEER is unduly hindered in ENGINEER's services or if OWNER fails to make any
payment to ENGINEER on account of ENGINEER's services and expenses within 90 days after
receipt of ENGINEER's bill therefor, ENGINEER may, after giving seven dayswritten notice to
OWNER, suspend services under this Agreement until OWNER has satisfied OWNER's
obligations under this Agreement.
5.6 Termination
5.6.1 Services may be terminated by the OWNER or ENGINEER by seven (7) days' written notice
in the event of substantial failure to perform in accordance with the Terms hereof by the other
party through no fault of the terminating party. Failure on the part of the OWNER to make
payments to ENGINEER when due shall be considered substantial nonperformance and
cause for termination. If so terminated, OWNER shall pay ENGINEER all amounts due
ENGINEER for all services properly rendered and expenses incurred to the date of receipt of
notice of termination, plus reasonable costs incurred by ENGINEER in terminating the
services.
5.6.2 In the event of premature termination of the Project by the OWNER and through no fault of
the ENGINEER, the ENGINEER shall be entitled to: 1) recover all reasonable costs and
expenses incurred to date of termination plus all costs incurred to assemble and close Project
files and documents; 2) unavoidable down time in the reassignment of Project staff; 3)
termination penalties/expenses related to third parties retained by ENGINEER in regard to his
obligations under this contract; plus 4) a termination amount of 15 percent of the remaining
portion of the total compensation (or estimated compensation) agreed to herein or by separate
authorization to cover lost profits, damages, and lost opportunity costs which cannot
otherwise be accurately calculated.
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5.7 Delays
In the event the services of the ENGINEER are suspended or delayed by the OWNER, the
ENGINEER shall be entitled to additional compensation for reasonable costs incurred by the
ENGINEER in temporarily closing down or delaying the Project and reassigning Project staff
(including, but not limited to, unavoidable down time and any termination expenses incurred
where reassignment is not reasonably possible) and in organizing Project files, records, and work
in progress for suspension and later resumption of the ENGINEER's services.
5.8 Disputes
In the event that a dispute should arise relating to the performance of the services to be provided
and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to
recover all reasonable costs of litigation, including staff time, court costs, attorneysfees, and
other related expenses.
5.9 Rights and Benefits
ENGINEER's
services will
be performed
solely
for the
benefit
of the
OWNER
and not
for the
benefit of any
other persons
or entities.
5.10 Dispute Resolution
5.10.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between OWNER 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 OWNER or ENGINEER in the
performance of this Agreement, and disputes concerning payment.
5.10.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate
and, if necessary, mediate their disputes as set forth in this Paragraph. If timely Notice is
given under Paragraph 5.10.3, but an action is initiated prior to exhaustion of then
procedures, such action shall be stayed, upon application by either party to a court of proper
jurisdiction, until the procedures in Paragraphs 5.10.3 and 5.10.4 have been complied with.
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5.10.3
Notice of Dispute
5.10.3.1
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 writteh Notice;
5.10.3.2
For disputes arising after the making of final payment, OWNER shall give ENGINEER
written Notice at the address listed in Paragraph 5.18 within ninety (90) 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.
5.10.4
Negotiation: Within seven days of receipt of the Notice, the Project Managers for the
OWNER 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 the ENGINEER and the following executive officer of OWNER,
Mayor of City of Fayetteville. 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.
5.10.5
Mediation: If the OWNER's and ENGINEER's said officers are unable to resolve the
dispute, then either side may request that the matter be submitted to mediation before a
mediator mutually agreed upon. If the parties cannot agree on a mediator, then the American
Arbitration Association shall appoint one upon request. Any administrative or mediator's
fees shall be split equally between the parties.
5.10.6
Waiver
Upon Final Payment:
The making
of final payment
by
OWNER and the acceptance
of same
by ENGINEER and
ENGINEER's
subconsultants
shall
constitute a waiver of
existing claims by the OWNER and such payee except those previously made in writing and
identified as unsettled by OWNER at the time of payment, or by the payee at the time of such
payee's final invoice. Except for those claims waived under Paragraph 5.1.3, final payment
shall not constitute a waiver of claims by the OWNER relating to liens unsettled, or
subsequent discovery of services not in compliance with this Agreement. The waivers
contained in Paragraph 5.1.3 shall continue to apply after final payment is made.
5.10.7 Waiver Due to Untimely Notice: Claims arising after the making of final payment shall be
barred, and no suitor demand may be filed if Notice as stated in Paragraph 5.10.3.2 is not
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given. Nothing in this Paragraph shall be construed as directly or indirectly limiting the time
to institute suit, but rather to give the responding party timely notice and prompt opportunity
to investigate the allegations of the dispute.
5.11 The OWNER represents that it has sufficient funds or the means of obtaining funds to remit
payment to the ENGINEER for services rendered by the ENGINEER.
5.12 Publications
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 OWNER in draft form for
OWNER's advance review. OWNER shall review such drafts promptly and provide OWNER's
comments to ENGINEER. OWNER may require deletion of proprietary data or confidential
information from such publications, but otherwise OWNER will not unreasonably withhold
approval. The cost of ENGINEER's activities pertaining to any such publication shall be for
ENGINEER's account.
5.13 Indemnification for Pollution Related Claims
For services involving or related to pollution, toxic substances, or hazardous wastes or asbestos
abatement work, OWNER agrees to release, defend, indemnify, and hold harmless ENGINEER
and its officers, directors, employees, agents, and consultants and from all liability, claims,
demands, damages, losses, and expenses, direct, indirect or consequential, including, but not
limited to, claims of OWNER and other persons and organizations, reasonable fees and expenses
of attorneys and consultants, and court costs arising out of the performance of this Agreement.
This indemnification provision extends to claims against ENGINEER which arise out of the
actual, alleged, or threatened dispersal, escape, or release of chemicals, wastes, liquids, gases, or
any other material, irritant, contaminant, or pollutant, or arising out of or resulting from asbestos
abatement work.
5.14 Indemnification
5.14.1 OWNER agrees that it will require all construction Contractors to indemnify, defend, and
hold harmless OWNER 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
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negligence or other actionable fault of the Contractors, or their employees, agents,
Subcontractors, and Suppliers.
5.14.2 If this Project involves construction, and ENGINEER does not provide engineering services
during construction
including, but not limited to,
on -site observation, Site visits, submittals
review, and
design
clarifications,
OWNER agrees to indemnify and hold
harmless
ENGINEER
from
or against any
liability arising
from the Project or this
Agreement.
5.15 Computer Models
ENGINEER may use or modify ENGINEER's proprietary computer models in service of
OWNER under this Agreement, or ENGINEER may develop computer models during
ENGINEER's service to OWNER under this Agreement. Such use, modification, or
development by ENGINEER does not constitute a license to OWNER to use or modify
ENGINEER's computer models. Said proprietary computer models shall remain the sole
property of the ENGINEER. OWNER and ENGINEER will enter into a separate license
agreement if OWNER wishes to use ENGINEER's computer models.
5.16 Reuse of Documents
All documents including Contract Drawings and Specifications prepared or furnished by
ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to
this Agreement are instruments of service in respect of the Project, and ENGINEER shall have
the ownership and property interest therein whether or not the Project is completed. OWNER
may make and retain copies for information and reference in connection with the use and
occupancy of the Project by OWNER and others; however, such documents are not intended or
represented to be suitable for reuse by OWNER or others on extensions of the Project or on any
other project. Any reuse without written verification or adaptation by ENGINEER for the
specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to
ENGINEER, or to ENGINEER's independent professional associates or consultants, and
OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent
professional associates and consultants from and against all claims, damages, losses, and
expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by
OWNER and ENGINEER.
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5.17 Electronic Media
Any electronic media (computer disks, tapes, and similar items) furnished with respect to
ENGINEER's services are for OWNER's information and convenience only. Such media are
not to be considered part of ENGINEER's instruments of service. (Due to the potential that
information contained in electronic media can be modified by OWNER or others, ENGINEER, at
its option, may remove all indicia of ENGINEER's ownership and involvement from each
electronic display.)
ENGINEER shall not be liable for loss or damage directly or indirectly, arising out of use of
electronic media including, but not limited to, any loss of business or incidental or consequential
damage. OWNER shall assume all risk and release, indemnify, and hold harmless ENGINEER,
its officers, directors, employees, servants, agents, successors, and assigns, from and against each
and every claim or cause of action that OWNER or others may have or which may arise in the
future respecting use of the electronic media.
If there
is a discrepancy between
the
electronic
media
files
and
the signed
and
sealed
hard
copies,
the hard
copies shall govern.
5.18 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party
at the following addresses:
OWNER's address:
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
Burns & McDonnell Engineering Co., Inc.
9400 Ward Parkway
Kansas City, MO 64114
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5.19 Successor and Assigns
OWNER 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
OWNER nor ENGINEER
shall
assign, sublet, or transfer his interest in the Agreement without
the written consent of the
other.
5.20 Controlling Law
This Agreement
shall be
subject
to, interpreted
and enforced
according to the laws of the State of
Missouri without
regard
to any
conflicts of law
provisions.
5.21 Entire Agreement
This Agreement represents the entire Agreement between the ENGINEER and OWNER relative
to the Scope of Services herein. All previous or contemporaneous agreements, representations,
promises, and conditions relating to ENGINEER's services described herein are superseded.
Since terms contained in purchase orders do not generally apply to professional services, in the
event OWNER issues to ENGINEER a purchase order, no preprinted temrs 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 the OWNER's internal management of its operations.
SECTION 6 SPECIAL CONDITIONS
6.1 Additional Responsibilities of the ENGINEER:
6.1.1 The OWNER's or ASWCC's review, approval, or acceptance of design drawings,
specifications, reports, and other services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy of the work. Neither the OWNER's
nor ASWCC'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.
6.1.2 The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to the OWNER caused by the ENGINEER's negligent performance of any of the
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services furnished under this
Agreement except for errors, omissions
or other
deficiencies to
the extent attributable to the
OWNER or OWNER -furnished data.
6.1.3 The ENGINEER's obligations under this clause are in addition to the ENGINEER's other
express or implied assurances
under this
Agreement
or State law
and in no
way diminish any
other rights that the OWNER
may have
against the
ENGINEER
for faulty
materials,
equipment, or work.
6.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes an'
other matters in question between the OWNER and the ENGINEER arising out of or relating to
this Agreement or the breach thereof will be decided by arbitration if the parties mutually agree,
or in a court of competent jurisdiction within the state in which the OWNER is located.
6.3
Audit: Access to Records
6.3.1
The 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. The ENGINEER shall also maintain the financial information
and data used by the ENGINEER in the preparation of support of the cost submission
required for any negotiated agreement or change order and send to the OWNER a copy of the
cost summary submitted. The United States Environmental Protection Agency, the
Comptroller General of the United States, the United States Department of Labor, the
OWNER, 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. The ENGINEER will provide proper facilities for
such access and inspection.
6.3.2 Records under Paragraph 6.3.1 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.
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6.3.3 This right of access clause (with respect to financial records) applies to:
6.3.3.1 negotiated prime agreements,
6.3.3.2 negotiated change orders or agreement amendments in excess of $10,000 affecting the price
of any formally advertised, competitively awarded, fixed price agreement,
6.3.3.3 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:
(1) with respect to record pertaining directly to subagreement perfomance, excluding
any financial records of the ENGINEER,
(2) if there is any indication that fraud, gross abuse or corrupt practices may be involved,
(3) if the subagreement is terminated for default or for convenience.
6.4 Covenant Against Contingent Fees
The ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the ENGINEER for the purpose of securing
business. For breach or violation of this warranty, the OWNER shall have the right to annul this
Agreement without liability or at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage or contingent
fee.
6.5 Gratuities
6.5.1 If the OWNER finds after a notice and hearing that the ENGINEER, or any of the
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of the OWNER, the State
or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or
making any determinations related to the performance of this Agreement, the OWNER may,
by written notice to the ENGINEER, terminate this Agreement. The OWNER may also
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pursue other rights and remedies that the law or this Agreement provides. However, the
existence of the facts on which the OWNER bases such finding shall be in issue and may be
reviewed in proceedings under the Remedies clause of the Agreement.
6.5.2 In the event this Agreement is terminated as provided in Paragraph 6.5.1, the OWNER may
pursue the same remedies against the ENGINEER as it could pursue in the event of a breach
of the Agreement by the ENGINEER. As a penalty, in addition to any other damages to
which it may be entitled (as determined by the OWNER) which shall be not less than three
nor more than ten times the costs the ENGINEER incurs in providing any such gratuities to
any such officer or employee.
6.6 Arkansas Freedom of Information Act. The ENGINEER agrees that it will provide to the
OWNER, at a cost to be agreed upon, all documents in its possession that are, under this
Agreement, the property of the OWNER and which the OWNER believes to be subject to an
Arkansas Freedom of Information Act request made to it, or, in anticipation of such a request,
which it believes necessary for it to possess. The ENGINEER further agrees that it will request
of all subconsultants, retained by the ENGINEER to perform services under this Agreement, to
provide to the OWNER, at a cost to be agreed upon, all documents in the possession of such
subconsultants that are, under this Agreement, the property of the OWNER and which the
OWNER believes to be subject to an Arkansas Freedom of Information Act request made to the
OWNER, or, in anticipation of such a request, which it believes necessary for the OWNER to
possess. The ENGINEER will produce all documents or material in the format that are kept by
the ENGINEER, or at the option of the ENGINEER, in some other format. If a specialized
format is requested by the OWNER, the cost of conversion, if that additional responsibility is
accepted by the ENGINEER, will be borne by the OWNER at the then prevailing rates for the
parties actually performing the conversion. Production of requested items will be done with
reasonable diligence, but cannot in some circumstances be within the time frame established by
the Act. The above and foregoing provisions apply only to work performed from this date
forward and does not apply retroactively.
Nothing in this Agreement shall constitute an acceptance of the ENGINEER or its subconsultants
to the application of the Arkansas Freedom of Information Act to the ENGINEER or its
subconsultants or to the ENGINEER's or subconsultant's books, records, drawings, or other
items not constituting the property of the OWNER under this Agreement, nor a waiver of its
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• Greg Boettcher ^agrpes-st1.Fay.PDF Page 21
rights to object to any requests made to it pursuant to the Arkansas Freedom of Information Act
by any person or entity not a party to this Agreement.
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas, by and through its Mayor, and Bums &
McDonnell Engineering Company, Inc., by its authorized officer have made and executed this Agreement
as of the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Title: Mayor
ATTEST:
City Clerk
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
• By:
President, Infrastructure Group
By:
Project Manager
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
AGRPFS-STI.FAY.DOC A-21
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
BURNS & McDONNELL ENGINEERING COMPANY, INC.
Kansas City, Missouri
THIS AGREEMENT is made as of 2002, by and between City of Fayetteville,
Arkansas (hereinafter called OWNER) and Burns & McDonnell Engineering Company, Inc., a Missouri
Corporation specializing in consulting engineering services (hereinafter called ENGINEER).
OWNER requires professional engineering services in connection with the program management of
study, design, construction, operation, maintenance, management, and financing of wastewater treatment
and conveyance facilities. Therefore, OWNER and ENGINEER in consideration of their mutual
covenants agree as follows:
ENGINEER shall serve as OWNER's professional engineering consultant in those assignments to which
this Agreement applies, and shall give consultation and advice to OWNER 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 SCOPE OF SERVICES OF ENGINEER
1.1 General
1.1.1 Perform Program Management services in connection with Pre -Design Phase Projects as
hereinafter stated which may include normal civil, structural, mechanical, and electrical
engineering services and normal architectural design services incidental thereto.
1.1.2 Advise OWNER as to the necessity of OWNER providing or obtaining services or data from
others of types described in Paragraph 2.3, make recommendations as to the possible sources
of such services, and act as OWNER'S representative in connection with any such services.
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1.2 Identification of Program Status
1.2.1 Consult with OWNER to determine OWNER's requirements for the Project and collect
available data on contracts with Consultants of Record (Consultants).
1.2.2 Review contracts of Consultants
and ascertain the schedules
and deliverables due to the
OWNER
as part of the contracts.
Examine cost -to -date and
the status of billings to the
OWNER
for each contract.
1.2.3 Review Arkansas Department of Environmental Quality (ADEQ) requirements for Facility
Plans approval. Meet with ADEQ regarding each Facility Plan being prepared.
1.2.4 Review Facility Plans and assess the level of completion. Determine the activities remaining
before approval.
1.2.5 Review Water Quality Study and assess the level of completion. Determine the activities
remaining before approval.
1.2.6 Conduct a one -day meeting in Fayetteville with OWNER and staff to further identify status,
scheme, and schedule for the projects. Report to the OWNER the preliminary conclusions
gained from examination of Facility Plans and Water Quality Study. Establish agenda and
goals for joint meeting with Consultants. Establish goals and expectations and lines of
communication for the Program.
1.2.7 Jointly conduct with the OWNER separate meetings with each Consultant and OMI, Inc.to
review Program status, identify concerns and issues which may impede completion of
Consultants' services, and to receive other feedback from Consultants. Review Consultants'
staffing plan and schedule for completion of the pre -design activities. Determine status of
property acquisition.
1.2.8 Assess the information obtained in the meetings with Consultants and prepare an evaluation
and recommendations. Present the final results of the evaluation process to OWNER for final
approval. This presentation will highlight the evaluation process, including status of
stakeholder involvement, and identify the recommendation for proceeding with design
activities.
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1.3 Develop Steering Document
1.3.1 Prepare a Level I concept milestone schedule for the overall Program through the Design
Phase which identifies tasks, phases, projects, or subprojects and prioritizes them. The
concept milestone schedule will provide guidance to the OWNER and Consultants by
establishing 'what's first, what's next, what's critical , and what can be accomplished
independentof other aspectsof the project'. The concept milestone schedule will identify an
initial Critical Path for the overall Program and will provide direction to the Consultants
through the Design Phase. Establish a phasing plan to be followed in the design of facilities
which will permit continuous provision of service by existing facilities.
1.3.2 Identify and address items requiring standardization and coordination among the Consultants.
Topics anticipated include treatment processes, equipment, SCADA concepts, reliability and
redundancy, and facility staffing goals.
1.3.3 Establish schedule and requirements for Value Engineering Services.
1.3.4 Develop design standards and criteria. Develop and maintain design standards for
wastewater treatment plant and sewerage facilities, support facilities, and privately developed
facilities to be adopted by the OWNER's Consultants. By adopting the design standards,
Consultants will assume full responsibility and liability for their resulting design services.
ENGINEER will review design standards provided by the Consultants. ENGINEER will
prepare design standards and criteria for remaining facilities using the existing standards as a
starting point. The design standards will be developed to provide overall design intent and
construction quality objectives with the functional and aesthetic objectives of the OWNER.
Establish CADD standards, sheet sizes, borders, and title blocks.
1.3.5 Develop
standard contract
language.
Develop General Conditions for General Construction
Contracts.
Develop other
documents,
including Bidding and Agreement forms, and
Division
I Specifications.
1.3.6 Disseminate the Steering Document which includes design standards and criteria and
standard contract language, to Consultants for use in preparation of design contracts, budgets,
and scope.
1.3.7 Assist OWNER in developing standardized Professional Services Agreements, based on
EJCDC documents as a starting point.
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1.4 Develop Program Budget
1.4.1 Prepare the overall Program Budget utilizing Consultants' opinions of probable construction
costs. Formulate independent opinions of probable design fees for the West Treatment Plant,
modifications to the existing Noland Facility, the West sewer system improvements, and the
East sewer system improvements. Analyze and include other likely Program Budget costs.
1.5 Evaluate Status of Permitting Process
1.5.1 Review Arkansas Department of Environmental Quality (ADEQ) requirements for permitting
of facilities.
1.5.2 Identify permitting requirements for the construction and operation of the new and modified
facilities.
1.5.3 Identify the status of the permitting process to date.
1.5.4 Conduct a Fatal Flaw Analysis.
1.5.5 Develop matrix illustrating the permits required, the responsibilities for obtaining them, the
tasks remaining before each permit is obtained, and a schedule for completion of the
permitting process.
1.6 Provide Other Program Management Services
1.6.1 Prepare a Program Management Plan (PMP) describing the responsibilities of the Program
Manager, Consultants, and construction contractors involved in management design, and
construction. The PMP will establish procedures enabling the OWNER to monitor the design
and construction phases of the projects. The PMP will emphasize the monitoring of cost,
schedule and quality and will establish procedures to permit the OWNER to make timely
decisions to properly control the Program. The PMP will describe review and approvals at all
stages of the Program or projects such as design, construction, security, safety, D/M/WBE
programs, logistics, and communications.
1.6.2 Establish a computer -based Program Management Control System (PMCS) to monitor and
manage the Program schedule, budget financial requirements, and D/M/WBE compliance.
Establish a document tracking and control system, including shop drawings, samples,
approvals, and changes to the work. The system will be used by the Program Manager
M PPS -STI.FAY.t10C A-4
031301
throughout the Program to advise the OWNER on schedule and financial issues and manage
the design and construction process. The proposed system consists of Primavera Expedition
project management software, customized to the OWNER'S documentation requirements.
Primavera Project Planner (P3) scheduling software will be used for the Master Program
Schedule, which will be used in conjunction with Expedition. Review OWNER's
information retrieval needs and consider providing OWNER with real-time read-only access
to program financial records or provision of periodic hard copy of desired reports. Establish
a public/private Web -based communications to be used for inter-finn access to selected
program information by the OWNER, Program Management Team, and Consultants.
1.6.3 Assist in developing a Communications Plan to involve the stakeholders during the concept
development and design phase; and promote a positive image of the overall Program and the
OWNER. The plan may include newsletters, press releases, message boards, and the Project
web site. The plan development and implementation will be coordinated with OWNER's
Public Relations staff.
1.6.4 Prepare a Master Program Schedule by refining the conceptual milestone schedule. Develop
the Master Program Schedule through design development, constriction_ documents, and
construction. Cost load the schedule, based on program activities, for cash flow and spending
plan analysis. Benchmark the program schedule and update based on actual progress of
activities.
1.6.5 Prepare and coordinate up to four reports or presentations to the City Council, City staff, or
other parties as directed by the OWNER.
1.7 It is anticipated that the above described Scope of Services can be completed in 2758 person -
hours.
SECTION 2 RESPONSIBILITIES OF OWNER
OWNER shall, within a reasonable time, so as not to delay the services of ENGINEER:
2.1 Provide full information as to OWNER's requirements for the Project.
2.2
Assist ENGINEER by placing
at ENGINEER's
disposal
all available information
pertinent
to the
assignment including previous
reports and any
other data
relative thereto.
AGRPPS-STI.FAT.OOC A-5
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2.3 Furnish ENGINEER services or data such as core borings, pmbings and subsurface explorations,
hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment;
appropriate professional interpretations of all of the foregoing; property, boundary, casement,
right-of-way, topographic, and utility surveys; zoning and deed restrictions; and other special data
or consultations, all of which ENGINEER may rely upon in performing his services under this
2.4 Guarantee access to and
make all provisions for
ENGINEER
to enter upon public
and
private
property as required for
ENGINEER to perform
his services
under this Agreement.
2.5 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and
other documents presented by ENGINEER and render in writing decisions pertaining thereto.
2.6 Provide such professional legal, accounting, financial, and insurance counseling services as may
be required for the Project.
2.7 Designate in writing a person to act as OWNER's representative with respect to the services to be
performed under this Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define OWNER'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.
2.8 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any defect in the Project.
2.9 Furnish
approvals and permits
from all governmental
authorities having jurisdiction over the
Project
and such approvals and
consents from others
as may be necessary for completion of the
Project.
2.10 If ENGINEER's standard bidding
requirements, Agreement forms
and General
Conditions are
not to be used but OWNER's documents arc to be used instead, OWNER shall
provide copies of
such documents for ENGINEER's
use in coordinating the Contract
Drawings and Specifications.
SECTION 3 PERIOD OF SERVICE
3.1 ENGINEER will proceed with providing the services set forth herein immediately upon the
execution of this Agreement. These services will be completed within 120 days of the execution
AGRPes-sr1.FAv.DOC A-6
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of this Agreement
subject
to adjustment
from factors outside ENGINEER's control, e.g.,
permitting, etc.
SECTION 4 PAYMENTS TO ENGINEER
4.1 Compensation
4.1.1 Amount of Payment:
For services performed, the OWNER shall pay the ENGINEER the sum of the following;
4.1.1.1 For time expended by personnel,
payment
at the hourly rates indicated in
the attached
"Schedule of Hourly Professional
Service
Billing Rates" Form BMR 902.
Such rates include
overhead
and profit.
The schedule is effective to January
1, 2003, and will be revised
annually.
4.1.1.2 For outside expenses incurred by ENGINEER, such as authorized travel and subsistence,
including airfare, food, lodging, automobile rental, commercial services, courier deliveries,
and incidental expenses, the cost to ENGINEER plus 10 percent.
4.1.1.3 For normal computer usage, computer -aided drafting (CAD), telephone, fax, photocopy and
mail services, a technology charge in accordance with the "Schedule of Hourly Professional
Service Billing Rates" in effect at the time the service is provided. Specialty items are not
included in the technology charge. For reproduction, printing and binding of documents, and
vehicle and testing apparatus usage, amounts as determined from ENGINEER's schedule of
rates in effect at the time the service is provided.
4.1.1.4 For services rendered by others as subcontractor(s) to ENGINEER, such as value
engineering, surveying, real property descriptions,. soil borings, subsurface investigations,
laboratory testing, field quality control tests, progress photographs, or other activities
required or requested by OWNER, the cost to ENGINEER plus 10 percent.
4.1.2 The total payment for the Scope of Services described herein is estimated to be Three
Hundred Thirty
Six Thousand Eight Hundred
Eighty One United States Dollars
($336,881.00),
but is not a guaranteed maximum. The total payment is based on
expending
no more than 2758 person -hours.
AG RES-sT1.FAy.Doc A-7
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4.2 Statements
4.2.1 Monthly statements, in ENGINEER's standard format, will be submitted by the ENGINEER
to the OWNER. Statements will be submitted covering services and expenses incurred
during the preceding month.
4.3 Payments
4.3.1 Statements are payable upon receipt. A late payment charge of 1.5 percent per month or any
partial month will be added to amounts not received within 30 days of the statement date.
Time is of the essence in payments of statements, and timely payment is a material part of the
consideration of this Agreement. Costs, including reasonable attorney's fees, incurred by the
ENGINEER in collecting any delinquent amount shall be reimbursed by the OWNER. If a
portion of ENGINEER's statement is disputed by OWNER, the =disputed portion shall be
paid by OWNER by the due date. The OWNER shall advise the ENGINEER in writing of
the basis for any disputed portion of any statement.
4.4.1 Taxes, other than United States federal and state income taxes, and Kansas
City,
Missouri
earnings
tax, as may be
imposed by the United
States, state, and local
authorities,
shall be in
addition
to the payment
stated under "Amount
of Payment."
SECTION 5 GENERAL CONSIDERATIONS
5.1 Insurance
5.1.1 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
A0Rras-STI.FAY.DOC A-8
031301
Limits of Liability
Statutory
$500,000 Each Accident
Type of Coverage
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Limits of Liability
$1,000,000 Combined Single Limit
SI,000,000 Combined Single Limit
If requested, ENGINEER will provide to OWNER certificates as evidence of the specified insurance.
5.1.2 Construction Contractors shall be required to provide (or OWNER may provide) Owners'
Protective Liability Insurance naming the OWNER as a Named Insured and the ENGINEER
as an additional insured, or, to endorse OWNER and ENGINEER as additional insureds on
construction Contractor's liability insurance policies covering claims for personal injuries and
property damage. Construction Contractors shall be required to provide certificates
evidencing such insurance to the OWNER and ENGINEER.
5.1.3 OWNER 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. If the services result in a Construction Phase, a
provision similar to this shall be incorporated into all Construction Contracts entered into by
OWNER, and all construction Contractors shall be required to provide waivers of subrogation
in favor of OWNER and ENGINEER for damage or liability covered by any construction
Contractor's policy of insurance.
5.2 Professional Responsibility
5.2.1 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. If the ENGINEER fails to meet the foregoing
standard, ENGINEER will perform at its own cost, and without reimbursement fiom
OWNER
the professional engineering services necessary to correct errors and
omissions
which are
caused by ENGINEER's
failure to comply with above standard, and
which are
reported to ENGINEER within one
year from the completion of ENGINEER's
services for
AGRPES-STI.FAY.DOC A-9
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the Project. The obligations and representations contained in this Article are ENGINEER's
sole obligation and OWNER's exclusive remedy with respect to the quality of services.
OWNER's failure to properly operate and maintain the Facility or allow ENGINEER to
perform such remedial services as ENGINEER may deem appropriate shall relieve
ENGINEER of its obligation relative to such improper operation or maintenance.
5.2.2 In addition, subject to the limitation stated in Paragraph 5.2.4 below, ENGINEER will be
responsible to OWNER for damages caused by its negligent conduct during its activities at
the Project Site to the extent covered by ENGINEER's Commercial General Liability and
Automobile Liability Insurance policies as specified in Paragraph S.I.I.
5.2.3 In no event will ENGINEER be liable for any special, indirect, or consequential damages
including, without limitation, damages or losses in the nature of increased Project costs, loss
of revenue or profit, lost production, claims by customers of OWNER, or governmental fines
or penalties.
5.2.4 The ENGINEER's aggregate liability for all damages connected with its services for the
Project not excluded by the preceding subparagraph will not exceed the greater of
US$100,000 or the compensation paid under this Agreement.
5.2.5 The obligations and remedies stated in this Paragraph 5.2, Professional Responsibility, are the
sole and exclusive obligations of ENGINEER and remedies of OWNER, regardless of the
cause of action pled including, without limitation, negligence of every character.
5.3 Cost Opinions and Projections
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.
APES -5T1.FAv.00c A-10
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5.4 Changes
OWNER shall have the right to make changes within the general scope of ENGINEER's services,
with an appropriate change in compensation and schedule, upon execution of a mutually
acceptable amendment or change order signed by an authorized representative of the OWNER
and the President or any Vice President of the ENGINEER.
5.5 Suspension of Services
Should OWNER fail to fulfill his responsibilities as provided under Section 2 to the extent that
ENGINEER is unduly hindered in ENGINEER's services or if OWNER fails to make any
payment to ENGINEER on account of ENGINEER's services and expenses within 90 days after
receipt of ENGINEER's bill therefor, ENGINEER may, after giving seven days' written notice to
OWNER, suspend services under this Agreement until OWNER has satisfied OWNER's
obligations under this Agreement.
5.6 Termination
5.6.1 Services may be terminated
by the OWNER
or ENGINEER by seven
(7) days' written notice
in the event of substantial
failure to perform
in accordance with the Terms hereof by the other
party through no fault of the terminating party. Failure on the part
of the OWNER to make
payments to ENGINEER
when due shall be
considered substantial
nonperformance and
cause for termination. If so terminated, OWNER shall pay ENGINEER all amounts due
ENGINEER for all services properly rendered and expenses incurred to the date of receipt of
notice of termination, plus reasonable costs incurred by ENGINEER in terminating the
services.
5.6.2 In the event of premature termination of the Project by the OWNER and through no fault of
the ENGINEER, the ENGINEER shall be entitled to: 1) recover all reasonable costs and
expenses incurred to date of termination plus all costs incurred to assemble and close Project
files and documents; 2) unavoidable down time in the reassignment of Project staff; 3)
termination penalties/expenses related to thins parties retained by ENGINEER in regard to his
obligations under this contract; plus 4) a termination amount of 15 percent of the remaining
portion of the total compensation (or estimated compensation) agreed to herein or by separate
authorization to cover lost profits, damages, and lost opportunity costs which cannot
otherwise be accurately calculated.
AORPSS-STI.FAY.DOC A-11
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5.7 Delays
In the event
the services of the ENGINEER are suspended
or delayed by the OWNER, the
ENGINEER
shall be entitled to additional
compensation
for reasonable costs incurred by the
ENGINEER
in temporarily closing down
or delaying the
Project and reassigning Project staff
(including,
but not limited to, unavoidable
down time and
any termination expenses incurred
where reassignment is not
reasonably possible)
and in organizing Project files,
records, and work
in progress for suspension
and later resumption
of the ENGINEER's services.
5.8 Disputes
In the event that a dispute should arise relating to the performance of the services to be provided
and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to
recover all reasonable costs of litigation, including staff time, court costs, attorneys' fees, and
other related expenses.
5.9 Rights and Benefits
ENGINEER's services will be performed solely for the benefit of the OWNER and not for the
benefit of any other persons or entities.
5.10 Dispute Resolution
5.10.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between OWNER and ENGINEER which arise fiom, 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 OWNER or ENGINEER in the
performance of this Agreement, and disputes concerning payment.
5.10.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate
and, if necessary, mediate their disputes as set forth in this Paragraph. If timely Notice is
given under Paragraph 5.10.3, 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 5.10.3 and 5.10.4 have been complied with.
AGRPPS-STI.FAV.DOC A-12
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5.10.3
Notice of Dispute
5.10.3.1
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;
5.10.3.2
For disputes arising after the making of final payment, OWNER shall give ENGINEER
written Notice at the address listed in Paragraph 5.18 within ninety (90) 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.
5.10.4
Negotiation: Within seven days of receipt of the Notice, the Project Managers for the
OWNER 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 the ENGINEER and the following executive officer of OWNER,
Mayor of City of Fayetteville. 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.
5.10.5
Mediation: lithe OWNER's and ENGINEER's said officers are unable to resolve the
dispute, then either side may request that the matter be submitted to mediation before a
mediator mutually agreed upon. If the parties cannot agree on a mediator, then the American
Arbitration Association shall appoint one upon request. Any administrative or mediator's
fees shall be split equally between the parties.
5.10.6 Waiver Upon Final Payment: The making of final payment by OWNER and the acceptance
of same by ENGINEER and ENGINEER's subconsultants shall constitute a waiver of
existing claims by the OWNER and such payee except those previously made in writing and
identified as unsettled by OWNER at the time of payment, or by the payee at the time of such
payees final invoice. Except for those claims waived under Paragraph 5.1.3, final payment
shall not constitute a waiver of claims by the OWNER relating to liens unsettled, or
subsequent discovery of services not in compliance with this Agreement. The waivers
contained in Paragraph 5.1.3 shall continue to apply after final payment is made.
5.10.7 Waiver Due to Untimely Notice: Claims arising after the making of final payment shall be
barred, and no suit or demand may be filed if Notice as stated in Paragraph 5.10.3.2 is not
AGRPES-3T1.FAV.DOC A-13
031301
given. Nothing
in this Paragraph
shall be construed as
directly or indirectly limiting the time
to institute suit,
but rather to give
the responding party
timely notice and prompt opportunity
to investigate the allegations of the dispute.
5.11 The OWNER represents that it has
sufficient funds or the means of obtaining
funds to remit
payment to the ENGINEER for services rendered by the ENGINEER.
5.12 Publications
Recognizing the importance of professional development on the pan 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 OWNER in draft form for
OWNER's advance review. OWNER shall review such drifts promptly and provide OWNER's
comments to ENGINEER. OWNER may require deletion of proprietary data or confidential
information from such publications, but otherwise OWNER will not unreasonably withhold
approval. The cost of ENGINEER's activities pertaining to any such publication shall be for
ENGINEER's account.
5.13 Indemnification for Pollution Related Claims
For services involving or related to pollution, toxic substances, or hazardous wastes or asbestos
abatement work, OWNER agrees to release, defend indemnify, and hold harmless ENGINEER
and its officers, directors, employees, agents, and consultants and from all liability, claims,
demands, damages, losses, and expenses, direct, indirect or consequential, including but not
limited to, claims of OWNER and other persons and organizations, reasonable fees and expenses
of attorneys and consultants, and court costs arising out of the performance of this Agreement.
This indemnification provision extends to claims against ENGINEER which arise out of the
actual, alleged, or threatened dispersal, escape, or release of chemicals, wastes, liquids, gases, or
any other
material,
irritant,
contaminant,
or pollutant,
or arising out of or resulting
from
abatement
work.
5.14 Indemnification
5.14.1 OWNER agrees that it will require all construction Contractors to indemnify, defend, and
hold harmless OWNER and ENGINEER from and against any and all loss where loss is
caused or inured or alleged to be caused or incurred in whole or in pan as a result of the
AGR]ES -sr I.FAv.VOC A-14
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negligence or other actionable fault of the Contractors, or their employees, agents,
Subcontractors, and Suppliers.
5.14.2 If this Project involves construction, and ENGINEER does not provide engineering services
during construction
including, but not limited to,
on -site observation, Site visits, submittals
review, and
design
clarifications,
OWNER agrees to indemnify and hold
harmless
ENGINEER
from
or against any
liability arising
from the Project or this
Agreement.
5.15 Computer Models
ENGINEER may use or modify ENGINEER's proprietary computer models in service of
OWNER under this Agreement, or ENGINEER may develop computer models during
ENGINEER's service to OWNER under this Agreement Such use, modification, or
development by ENGINEER does not constitute a license to OWNER to use or modify
ENGINEER's computer models. Said proprietary computer models shall remain the sole
property of the ENGINEER. OWNER and ENGINEER will enter into a separate license
agreement if OWNER wishes to use ENGINEER's computer models.
5.16 Reuse of Documents
All documents including Contract Drawings and Specifications prepared or furnished by
ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to
this Agreement are instruments of service in respect of the Project, and ENGINEER shall have
the ownership and property interest therein whether or not the Project is completed. OWNER
may make and retain copies for information and reference in connection with the use and
occupancy of the Project by OWNER and others; however, such documents are not intended or
represented to be suitable for muse by OWNER or others on extensions of the Project or on any
other project. Any reuse without written verification or adaptation by ENGINEER for the
specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to
ENGINEER, or to ENGINEER's independent professional associates or consultants, and
OWNER shall indemnify and hold hamNess ENGINEER and ENGINEER's independent
professional associates and consultants from and against all claims, damages, losses, and
expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by
OWNER and ENGINEER.
APES -ST I.FAY.00c A-15
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5.17 Electronic Media
Any electronic media (computer disks, tapes, and similar items) furnished with respect to
ENGINEER's services are for OWNER's information and convenience only. Such media are
not to be considered part of ENGINEER's instruments of service. (Due to the potential that
information contained in electronic media can be modified by OWNER or others, ENGINEER, at
its option, may remove all indicia of ENGINEER's ownership and involvement from each
electronic display.)
ENGINEER shall not be liable for loss or damage directly or indirectly, arising out of use of
electronic media including, but not limited to, any loss of business or incidental or consequential
damage. OWNER shall assume all risk and release, indemnify, and hold harmless ENGINEER,
its officers, directors, employees, servants, agents, successors, and assigns, from and against each
and every claim or cause of action that OWNER or others may have or which may arise in the
future respecting use of the electronic media.
If there
is a discrepancy between
the electronic
media
files
and
the
signed
and
sealed
hard
copies,
the hard
copies shall govern.
5.18 Notices
Any Notice required
under this Agreement
will be in writing, addressed to the appropriate
party
at the following addresses:
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
Bums & McDonnell Engineering Co, Inc.
9400 Ward Parkway
Kansas City, MO 64114
AGRPPS -5TI.F AY.OOC A- 16
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5.19 Successor and Assigns
OWNER 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
OWNER nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without
the written consent of the other.
5.20 Controlling Law
This Agreement
shall be
subject to, interpreted
and enforced
according
to the
laws
of the
State
of
Missouri without
regard
to any conflicts of law
provisions.
511 Entire Agreement
This Agreement represents the entire Agreement between the ENGINEER and OWNER relative
to the Scope of Services herein. All previous or contemporaneous agreements, representations,
promises, and conditions relating to ENGINEER's services described herein are superseded.
Since terms contained in purchase orders do not generally apply to professional services, in the
event OWNER 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 the OWNER's internal management of its operations.
SECTION 6 SPECIAL CONDITIONS
6.1 Additional Responsibilities of the ENGINEER:
6.1.1 The OWNER's or ASWCC's review, approval, or acceptance of design drawings,
specifications, reports, and other services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy of the work. Neither the OWNER's
nar ASWCC's review, approval or acceptance of, nor payment for any of the services shall be
construed as a waiver of any tights under this Agreement or of any cause of action arising out
of the perfomunce of this Agreement.
6.1.2 The ENGINEER shall be
and shall remain liable, in accordance
with applicable law,
for all
damages to the OWNER
caused by the
ENGINEER's negligent
performance of any
of the
Ages-srl.FAY.00c A-17
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services furnished under this Agreement except for errors, omissions or other deficiencies to
the extent attributable to the OWNER or OWNER -furnished data.
6.1.3 The ENGINEER's obligations under this clause are in addition to the ENGINEER's other
express or implied assurances
under this
Agreement
or State law
and in no way diminish
any
other rights that the OWNER
may have
against the
ENGINEER
for faulty materials,
equipment, or work.
6.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and
other matters in question between the OWNER and the ENGINEER arising out of or relating to
this Agreement or the breach thereof will be decided by arbitration if the parties mutually agree,
or in a court of competent jurisdiction within the state in which the OWNER is located.
6.3
Audit: Access to Records
6.3.1
The 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. The ENGINEER shall also maintain the financial information
and data used by the ENGINEER in the preparation of support of the cost submission
required for any negotiated agreement or change order and send to the OWNER a copy of the
cost summary submitted. The United States Environmental Protection Agency, the
Comptroller General of the United States, the United States Department of labor, the
OWNER, the State or any of their authorized representatives shall have access to all such
books, records, documents and other evidence fbr the purpose of inspection, audit and
copying during normal business hours. The ENGINEER will provide proper facilities for
such access and inspection.
6.3.2 Records under Paragraph 6.3.1 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.
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6.3.3 This right of access clause (with respect to financial records) applies to:
6.3.3.1 negotiated prime agreements,
6.3.3.2 negotiated change orders or agreement amendments
in excess
of $10,000
affecting the price
of any formally advertised, competitively awarded,
fixed price
agreement,
6.3.3.3 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:
(1)
with
respect
to record
pertaining directly
to subagreement
performance,
excluding
any
financial
records
of the ENGINEER,
(2) if there is any indication that fraud, gross abuse or corrupt practices may be involved,
(3) if the subagreement is terminated for default or for convenience.
6.4 Covenant Against Contingent Fees
The ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the ENGINEER for the purpose of securing
business. For breach or violation of this warranty, the OWNER shall have the right to annul this
Agreement without liability or at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage or contingent
fee.
6.5 Gratuities
6.5.1 If the OWNER finds after a notice and hearing that the ENGINEER, or any of the
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of the OWNER, the State
or EPA in an attempt to secure an agreement or favorable treatment in awarding, emending or
making any determinations related to the performance of this Agreement, the OWNER may,
by written notice to the ENGINEER terminate this Agreement. The OWNER may also
AmVP9-STI.FAY.oOC A-19
031301
pursue other rights and remedies that the law
or this Agreement
provides.
However,
the
existence of the facts on which the OWNER
bases such finding
shall be in
issue and
may
be
reviewed in proceedings under the Remedies clause of the Agreement.
6.5.2 In the
event this
Agreement is terminated as provided in Paragraph 6.5.1,
the OWNER may
pursue
the same
remedies against the ENGINEER as it could pursue in
the event of a breach
of the
Agreement
by the ENGINEER. Asa penalty, in addition toy
other damages to
which
it may be
entitled (as determined by the OWNER) which shall be not less than three
nor more than ten times the costs the ENGINEER incurs in providing any such gratuities to
any such officer or employee.
6.6 Arkansas Freedom of Information Act. The ENGINEER agrees that it will provide to the
OWNER, at a cost to be agreed upon, all documents in its possession that are, under this
Agreement, the property of the OWNER and which the OWNER believes to be subject to an
Arkansas Freedom of Information Act request made to it, or, in anticipation of such a request,
which it believes necessary for it to possess. The ENGINEER further agrees that it will request
of all subconsultants, retained by the ENGINEER to perform services under this Agreement, to
provide to the OWNER, at a cost to be agreed upon, all documents in the possession of such
subconsultants that are, under this Agreement, the property of the OWNER and which the
OWNER believes to be subject to an Arkansas Freedom of Information Act request made to the
OWNER, or, in anticipation of such a request, which it believes necessary for the OWNER to
possess. The ENGINEER will produce all documents or material in the format that are kept by
the ENGINEER, or at the option of the ENGINEER, in some other format. If a specialized
format is requested by the OWNER, the cost of conversion, if that additional responsibility is
accepted by the ENGINEER, will be borne by the OWNER at the then prevailing rates for the
parties actually performing the conversion. Production of requested items will be done with
reasonable diligence, but cannot in some circumstances be within the time flame established by
the Act. The above and foregoing provisions apply only to work performed from this date
forward and does not apply retroactively.
Nothing in this Agreement shall constitute an acceptance of the ENGINEER or its subconsultants
to the application of the Arkansas Freedom of Information Act to the ENGINEER or its
subconsultants or to the ENGINEER's or subconsultant's books, records, drawings, or other
items not constituting the property of the OWNER under this Agreement, nor a waiver of its
AraiPas-sr1.FAYAOC A-20
031301
rights to object to any requests made to it pursuant to the Arkansas Freedom of Information Act
by any person or entity not a party to this Agreement.
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas,
by and
through its Mayor,
and Bums &
McDonnell Engineering Company, Inc., by its authorized
officer have
made and executed
this Agreement
as of the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Title:
ATTEST:
BURNS & McDONNELL ENGINEERING COMPANY. INC.
By:
President, Infrastructure Group
By:
Project Manager
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
AGRPPS-STI.FAY.DOC A-21
031301
�i
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Dan Coody and
Fayetteville City Council
FROM: Greg Boettcher, P.E., •A4L.X�
Public Works Director
DATE: April 4, 2002
SUBJECT: Wastewater System Improvement Project
Program Manager and Value Engineering Services
Burns and McDonnell, Kansas City, Mo
Predesign Management Proposal (Phase I)
BACKGROUND
In November of 2001, the citizens of Fayetteville overwhelming
approved a sales tax to finance the construction of a critical
Wastewater System Improvements Project. This integrated system of
improvements includes interceptor sewer mains, wastewater pumping
stations, treatment facility upgrades and new treatment facility
construction; the combination of activities representing a project of
$120 million. These improvements are predicted to meet core
wastewater system needs for a period of 20 -years. Due to the size and
complexity of this improvement program, the City Council divided the
responsibility between four consulting firms: Black and Veatch
(upgrading of the existing Noland Wastewater Treatment Plant),
Garver Engineers (East side pumping station and interceptor sewer
mains), McGoodwin, Williams and Yates (New Westside Wastewater
Treatment Plant) and RJN Group (Wes tside pumping stations and
interceptor sewer mains).
To approach this project from a least -cost perspective,
Fayetteville secured low -interest Revolving Loan Fund financing from
the Arkansas Soil and Water Conservation Commission. This
federal/state loan program is implemented under the terms of a
Memorandum of Agreement, said agreement including a specific
schedule for project completion. To encourage compliance with the
schedule, failures to meet stipulated completion dates can result in an
interest penalty that would substantially increase the financing cost for
the $120 million dollar loan. Accordingly, the development of and
adherence to a Project Schedule is an integral element of the
Wastewater System Improvement Project.
It has been concluded that the City of Fayetteville does not have
the internal resources to manage this $120 million Project; therefore,
the use of outside resources shall be necessary. At the February 4,
2002 meeting of the Fayetteville Water and Sewer Committee, it was
agreed that a selection committee should interview prospective service
providers, a firm should be selected and contract proposal negotiated
for the first phase of the work. The outsourcing process conformed to
the funding agency's requirements for the selection of professional
service providers, enabling said consultant's costs to be later claimed
as an eligible project cost. The respondents to the request for
qualifications were evaluated, with three firms being selected for
formal interviews. The three firms making formal presentations were
evaluated on a competitive basis using specific criteria. The highest-
ranking firm was Burns and McDonnell of Kansas City, Missouri, with
the anticipated scope of services to be provided being defined as
"Program Management and Value Engineering Services." The formal
interviews and selection process were completed on March 14, 2002 at
City Hall. The selected consultant was requested to develop a scope of
work and a contract proposal to meet the immediate needs of the
project. In essence, this first phase of services was to include the
assessment of current status, development of a project segmentation
plan, development of a critical path analysis for the project activities,
establishment of task schedules/costs, evaluation of separate
equipment contracts and coordination of the work of the multiple
consultants.
CURRENT SITUATION
Burns and McDonnell Engineering Company, Inc. has developed
an agreement for professional engineering services that addresses the
initial needs of the project (through predesign phase). This first phase
of program management is predicted to span a period for not more
than 120 days, is estimated to involve 2,758 person -hours and will
represent a not -to -exceed contract value of $336,881.00. Services
shall be provided on a schedule of hourly rates basis, therefore,
compensation shall track the level of effort. Within this predesign
phase of program management services, the consultant proposes to:
2
1. IDENTIFY PROGRAM STATUS
• Collect data on project status through individual meetings
with city staff, consultants of record, Arkansas Soil and Water
Conservation Commission and OMI.
• Quantify status of existing contracts and facility planning
activities.
• Identify priority issues and develop resolution strategies.
• Prepare summary evaluation, outline recommended actions
and discuss such findings at a joint meeting of stakeholders.
2. PERMITTING. PROCESS ANALYSIS
• Identify, review and confirm the status of project permitting
activities.
• Prepare a fatal flaw analysis of all permitting tasks, targeting
those items that are critical to the project schedule.
3. CREATE STEERING DOCUMENT
• Prepare a prioritized master schedule (through design) for the
Project, complete with tasks, priorities, milestone dates,
phasing and responsibilities.
• Define elements to be coordinated and standardized.
• Assist in development of a standard professional services
agreement for contracting with the individual consultants of
record, incorporating into each agreement the negotiated
compensation arrangement and a time of performance.
• Outline value engineering activities
• Standardize design criteria and work elements to maintain
consisting, coordination and uniformity of individual
consultant activities.
• Create standard bedding documents and general
,requirements for use on all contracts.
4. PREPARE PROGRAM BUDGET
• From record information and other resources, develop a
comprehensive, itemized program budget complete with
predicted cash flow requirements.
5. OTHER PROGRAM MANAGEMENT SERVICES
• Create a Program Management Plan for the Project that
establishes procedures, responsibilities, decision processes,
3
and communications for the management, design and
construction of the Project.
• Establish a Program Management Control System to track and
control the various Project tasks. This computer -based
system shall monitor, report and manage the work; as well as
provide a web site for the public's access to Project
information.
• Maintain a communications plan whereby stakeholders shall
be informed of Project progress.
• Create a Master Program Schedule that reflects the actual
verses scheduled task accomplishment. This schedule shall
be cost -loaded to track budgetary compliance. Benchmark the
schedule data and update throughout the term of service.
• Provide up to four formal progress reports to Fayetteville City
Council.
The scope of work and preliminary schedule set out in the
Professional Services Agreement represent the tasks necessary for the
initial phase of program management. This phase of services shall
advance the Project into the detailed design phase, with key factors
properly identified (contract segments, schedules, sequences, costs).
The next phase of the Program Management and Value Engineering
Services shall address the value engineering and design phase
services. It is expected that the third phase of services shall relate to
the construction phase activities.
RECOMMENDATIONS
The large and complex Wastewater System Improvement Project
requires appropriate control and management to meet mandated
schedules and contain costs within budgets. The City of Fayetteville
does not have the internal resources to manage this large Project, nor
would it be prudent to increase staffing and resources to address this
one-time need. Accordingly, it is most effective and economical for the
City of Fayetteville to obtain these resource needs by outsourcing. A
selection process found the Burns and McDonnell Engineering
Company of Kansas City, Missouri to be the best -qualified provider for
the Program Management and Value Engineering Services. The
contract proposal submitted by said firm has been found to be in
conformance with immediate needs and objectives. It is recommended
that the Fayetteville City Council approve the Agreement for
Professional Services with Burns and McDonnell Engineering Company,
Inc. for a not -to -exceed amount of $336,881.00, and authorize the
Mayor to execute said agreement.
Fl
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Dan Coody and
Fayetteville City Council
FROM: Greg Boettcher, P.E., j44,xw&
Public Works Director
DATE: April 4, 2002
SUBJECT: Wastewater System Improvement Project
Program Manager and Value Engineering Services
Burns and McDonnell, Kansas City, Mo
Predesign Management Proposal (Phase I)
BACKGROUND
In November of 2001, the citizens of Fayetteville overwhelming
approved a sales tax to finance the construction of a critical
Wastewater System Improvements Project. This integrated system of
improvements includes interceptor sewer mains, wastewater pumping
stations, treatment facility upgrades and new treatment facility
construction; the combination of activities representing a project of
$120 million. These improvements are predicted to meet core
wastewater system needs for a period of 20 -years. Due to the size and
complexity of this improvement program, the City Council divided the
responsibility between four consulting firms: Black and Veatch
(upgrading of the existing Noland Wastewater Treatment Plant),
Garver Engineers (East side pumping station and interceptor sewer
mains), McGoodwin, Williams and Yates (New Westside Wastewater
Treatment Plant) and RJN Group (Wes tside pumping stations and
interceptor sewer mains).
To approach this project from a least -cost perspective,
Fayetteville secured low -interest Revolving Loan Fund financing from
the Arkansas Soil and Water Conservation Commission. This
federal/state loan program is implemented under the terms of a
Memorandum of Agreement, said agreement including a specific
schedule for project completion. To encourage compliance with the
schedule, failures to meet stipulated completion dates can result in an
interest penalty that would substantially increase the financing cost for
the $120 million dollar loan: Accordingly, the development of an
adherence to a Project Schedule is an integral element of the
Wastewater System Improvement Project.
It has been concluded that the City of Fayetteville does not have
the internal resources to manage this $120 million Project; therefore,
the use of outside resources shall be necessary. At the February 4,
2002 meeting of the Fayetteville Water and Sewer Committee, it was
agreed that a selection committee should interview prospective service
providers, a firm should be selected and contract proposal negotiated
for the first phase of the work. The outsourcing process conformed to
the funding agency's requirements for the selection of professional
service providers, enabling said consultant's costs to be later claimed
as an eligible project cost. The respondents to the request for
qualifications were evaluated, with three firms being elected for formal
interviews. The three firms making formal presentations were
evaluated on a competitive basis using specific criteria. The highest-
ranking firm was Burns and McDonnell of Kansas City, Missouri, with
the anticipated scope of services to be provided being defined as
"Program Management and Value Engineering Services." The formal
interviews and selection process were completed on March 14, 2002 at
City Hall. The selected consultant was requested to develop a scope of
work and a contract proposal to meet the immediate needs of the
project. In essence, this first phase of services was to include the
assessment of current status, development of a project segmentation
plan, development of a critical path analysis for the project activities,
establishment of task schedules/costs, evaluation of separate
equipment contracts and coordination of the work of the multiple
consultants.
CURRENT SITUATION
Burns and McDonnell Engineering Company, Inc. has developed
an agreement for professional engineering services that addresses the
initial needs of the project (through predesign phase). This first phase
of program management is predicted to span a period for not more
than 120 days, is estimated to involve 2,758 person -hours and will
represent a not -to -exceed contract value of $336,581.00. Services
shall be provided on a schedule of hourly rates basis, therefore,
compensation shall track the level of effort. Within this predesign
phase of program management services, the consultant proposes to:
Y.]
1. IDENTIFY PROGRAM STATUS
• Collect data on project status through individual meetings
with city staff, consultants of record, Arkansas Soil and Water
Conservation Commission and OMI.
• Quantify status of existing contracts and facility planning
activities.
• Identify priority issues and develop resolution strategies.
• Prepare summary evaluation, outline recommended actions
and discuss such findings at a joint meeting of stakeholders.
2. PERMITTING PROCESS ANALYSIS
• Identify, review and confirm the status of project permitting
activities.
• Prepare a fatal flaw analysis of all permitting tasks, targeting
those items that are critical to the project schedule.
3. CREATE STEERING DOCUMENT
• Prepare a prioritized master schedule (through design) for the
Project, complete with tasks, priorities, milestone dates,
phasing and responsibilities.
• Define elements to be coordinated and standardized.
• Assist in development of a standard professional services
agreement for contracting with the individual consultants of
record, incorporating into each agreement the negotiated
compensation arrangement and a time of performance.
• Outline value engineering activities
• Standardize design criteria and work elements to maintain
consisting, coordination and uniformity of individual
consultant activities.
• Create standard bedding documents and general
,requirements for use on all contracts.
4. PREPARE PROGRAM BUDGET
• From record information and other resources, develop a
comprehensive, itemized program budget complete with
predicted cash flow requirements.
5. OTHER PROGRAM MANAGEMENT SERVICES
• Create a Program Management Plan for the Project that
establishes procedures, responsibilities, decision processes,
3
. • •
• and communications for the management, design and
construction of the Project.
• Establish a Program Management Control System to track and
control the various Project tasks. This computer -based
system shall monitor, report and manage the work; as well as
provide a web site for the public's access to Project
information.
• Maintain a communications plan whereby stakeholders shall
be informed of Project progress.
• Create a Master Program Schedule that reflects the actual
verses scheduled task accomplishment. This schedule shall
be cost -loaded to track budgetary compliance. Benchmark the
schedule data and update throughout the term of service.
• Provide up to four formal progress reports to Fayetteville City
Council.
The scope of work and preliminary schedule set out in the
Professional Services Agreement represent the tasks necessary for the
initial phase of program management. This phase of services shall
advance the Project into the detailed design phase, with key factors
properly identified (contract segments, schedules, sequences, costs).
The next phase of the Program Management and Value Engineering
Services shall address the value engineering and design phase
services. It is expected that the third phase of services shall relate to
the construction phase activities.
RECOMMENDATIONS
The large and complex Wastewater System Improvement Project
requires appropriate control and management to meet mandated
schedules and contain costs within budgets. The City of Fayetteville
does not have the internal resources to manage this large Project, nor
would it be prudent to increase staffing and resources to address this
one-time need. Accordingly, it is most effective and economical for the
City of Fayetteville to obtain these resource needs by outsourcing. A
selection process found the Burns and McDonnell Engineering
Company of Kansas City, Missouri to be the best -qualified provider for
the Program Management and Value Engineering Services. The
contract proposal submitted by said firm has been found to be in
conformance with immediate needs and objectives. It is recommended
that the Fayetteville City Council approve the Agreement for
Professional Services with Burns and McDonnell Engineering Company,
Inc. for a not -to -exceed amount of $336,881.00, and authorize the
Mayor to execute said agreement.
4
SSTAFF REVIEW FORM .
s
X AGENDA REQUEST
CONTRACT REVIEW
I GRANT REVIEW
For the
Fayetteville
City Council
meeting of
FROM:
Greg Boettcher Public Works Public Works
Name Division Department
ACTION REQUIRED: Approval of agreement with Burns and McDonnell to perform program management
services in connection with the Wastewater System Improvement Project.
COST TO CITY:
$336,881.00
Cost of this Request
4480-9480-5815-00
Account Number
11,800,000
Category/Project Budget
Funds Used To Date
WSIP
Category/Project Name
Program Name
98105-30
11,800,000
Sewer Plant Const. Fund
Project Number
Remaining
Balance
Fund
BUDGET REVIEW: Budgeted Item _ Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Accounting An,er/ 'C��Date
�a wt
City Atto4ney Date
GRANTING AGENCY:
ADA Coordinator Date ,
Internal Aud r Date,,/e
Purchasing Officer
Date
Grant
Officer
Date
STAFF RECOMMENDATION:
'
GWe
Date
aj-o30Z
Date
a
Cross Reference
New Item: Yes No
Prev Ord/Res 8:
Orig Contract Date:
• STAFF REVIEW FORM • Page 2
.
• Descripti
' Comments:
Meeting Date
Budget Coordinator Reference Comments:
Accounting Manager Reference Comments:
SLt& s&yzWI. C
12aJ cfi4 laapc
City Attorney Reference Comments:
//1 w1{= L^ • 1
Purchasing Officer Reference Comments:
ADA Coordinator Reference Comments:
Internal Auditor (�(` Reference Comments:
SItotU CO:T-F f
A35$I rnn
4-r
sfaf� re V
Grants Offcier Reference Comments:
4
_t
X AGENDA REQUEST
a_ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council
STAFF REVIEW FORM •
of
Greg.Boettcher Public Works Public Works
Name Division Department
ACTION REQUIRED: Approval of agreement with Burns and McDonnell to perform program management
services in connection with the Wastewater System Improvement Project.
COST TO CITY:
$336.881.00
Cost of this Request
4480-9480-5815-00
Account Number
98105-30
Project Number
11.800.000
Category/Project Budget
Funds Used To Date
11.800.000
Remaining Balance
WSIP
Category/Project Name
Program Name
Sewer Plant Const. Fund
Fund
BUDGET REVIEW: Budgeted Item _ Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
City Attorney
GRANTING AGENCY:
Date ADA Coordinator
Date Internal Auditor
Date
Date
Purchasing Officer Date Grant Officer Date
STAFF RECOMMENDATION:
Division�Head'Cr� ,f
Depar nntIDDii`irrecto�(/r/////T�Al4JC//
Admin. Svcs Director
Mayor
Date
/�y
Date ''J�Cross Reference
o7 -03 0 a. New Item: Yes No
Date
Prev Ord/Res #:_
Date
Orig Contract Date:_
• STAFF REVIEW FORM. • Page 2
•
1
• Description Meeting Date
Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Grants Offcier
Reference Comments:
Reference Comments:
Reference Comments:
Reference Comments:
Reference Comments:
Reference Comments:
Reference Comments:
FAYETTEVItLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Greg Boettcher, Public Works Director
From: Heather Woodruff, City Clerk
Date: May 8, 2002
Please find attached a copy of Resolution No. 79-02 approving an agreement with Burns and
McDonnell to perform program management services in connection with the Wastewater System
Improvement Project. I am returning two (2) originals to you. The third original will be
microfilmed and filed with the City Clerk
cc: Nancy Smith, Internal Auditor
010 03• City of Fayetteville 5/23/2002
Update V ndex Maintenance • 9:13:50
Document Ite Action
Reference Date Ref. Taken Brief Description
RES 5072002 79-02 PROFESSIONAL ENGINEERING PROJECT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enter Keywords........: RES. 79-02
AGREEMENT
PROFESSIONAL ENFINEERING
PROJECT MANAGEMENT SERVICES
BURNS AND MCDONNELL ENGINEERS
$336,881.00
File Reference #......: MICROFILM
Security Class........: Retention Type:
Expiration Date.......: **** Active ****
Date for Cont/Referred:
Name Referred to......:
Cmdl-Return
Cmd8-Retention
Cmd4-Delete Cmd3-End
Press 'ENTER' to Continue
Cmd5-Abstract
Yes
No
(c) 1986-1992
Munimetrix systems Corp.