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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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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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
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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 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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