HomeMy WebLinkAbout109-03 RESOLUTION• •
RESOLUTION NO. 109-03
A RESOLUTION TO APPROVE AN HOURLY RATE ENGINEERING
CONTRACT WITH BURNS AND MCDONNELL ENGINEERING
COMPANY, INC. IN THE NOT TO EXCEED AMOUNT OF
S2,685,366.00 FOR ENGINEERING SERVICES RELATED TO DESIGN
AND BIDDING PHASE PROGRAM MANAGEMENT SERVICES
INCLUDING VALUE ENGINEERING FOR THE WASTEWATER
SYSTEM IMPROVEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the City Council of the City of Fayetteville, Arkansas hereby
approves an hourly rate contract in the not to exceed amount of Two Million Six Hundred
Eighty-five Thousand Three Hundred Sixty -Six Dollars (52,685,366.00) attached as
Exhibit A. This hourly rate contract engages Burns and McDonnell Engineering
Company, Inc. to provide engineering services to include: recommendations for
construction packaging and sequence of bidding and construction for this project, period
review of designs for the project, bidding documents for the four other engineering firms,
conducting six value engineering workshops, monitoring compliance of other engineering
firms with contract terms, establishing minimum design standards, preparing standard
contracts and specifications for other engineering firms, liaison with Arkansas Soil and
Water Conservation Commission and assisting engineer firms with design phase and
bidding, and design and maintenance of web page for this project.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire Burns and
McDonnell Engineering Company, Inc. for this project.
PASSED and APPROVED this the 151h day of July, 2003.
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ATTEST:
By:
Sondra Smith, City Clerk
APPROVED:
By:
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AGREEMENT
For
PROFESSIONAL PROGRAM MANAGEMENT SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
BURNS & MCDONNELL ENGINEERING CO., INC.
KANSAS CITY, MISSOURI
THIS AGREEMENT is made as of 2(0 by and between City. of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Burns &
McDonnell Engineering Company, Inc., a Missouri corporation providing professional program
management scrviccs with offices located in Kansas City, Missouri, (hereinafter called BURNS &
MCDONNELL ENGINEERING).
CITY OF FAYETTEVILLE from time to time requires program management services in connection with
the planning, design, permitting, construction, operation, maintenance, management, and financing of the
Fayetteville Wastewater System Improvement Project (The "Program') Therefore. CITY OF
FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING in consideration of their mutual
covenants agree as follows:
BURNS & MCDONNELL ENGINEERING shall serve as CITY OF FAYE1TEVILLE's Program
Manager in those assignments to which this Agrccmcnt applies, and shall give consultation and advice to
CITY OF FAYETTEVILLE during the performance of BURNS & MCDONNELL ENGINEERING's
scrviccs. If Construction Phase Services are to be provided by BURNS & MCDONNELL
ENGINEERING under this Agreement, the construction shall be executed under the observation of a
professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended
§22-9-I0I
SECTION I - AUTHORIZATION OF SERVICES
1.1 Services on an) assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of BURNS & MCDONNELL ENGINEERING.
1.2 Assignments may include scrviccs described hereafter as Basic Services or as Additional
Services of BURNS & MCDONNELL ENGINEERING.
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1.3 Changes, modifications or amendments in scope, price or fees to this
agreement shall not be allowed without a formal agreement amendment
approved by the Mayor and the City Council in advance of the change in
scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF BURNS & MCDONNELL ENGINEERING
2.1 General
2.1.1 Perform Program Management services in connection with the Program as hereinafter stated.
2.1.1.1 The Scope of Services to be furnished by BURNS & MCDONNELL ENGINEERING
during the Final Design Phase is included in Appendix A attached hereto and made part
of this Agreement.
2.1.1.2 The Scope of Services to he famished by BURNS & MCDONNELL ENGINEERING
during the Bidding Phase is included in Appendix B attached hereto and made part of this
Agreement.
2.1.1.3 The Special Terms and Conditions regarding the provision of a program web site to be
furnished by BURNS & MCDONNELL ENGINEERING is included in Appendix C
attached hereto and made part of this Agreement.
2.1.1.4 The Scope of Services to be furnished by BURNS & MCDONNELL ENGINEERING
during the Construction Phase, if any, will be finalized and contained in an amendment to
this Agreement after Final Design is completed.
2.1.1.5 Thc Scope of Services to be famished by BURNS & MCDONNELL ENGINEERING
during the Post -Construction Phase, if any, will be finalized and contained in an
amendment to this Agreement after Final Design is completed.
2.1.1.6 The preliminary Scope of Services to be fumishcd by BURNS & MCDONNELL
ENGINEERING for Resident Services During Construction, if any, will be finalized and
contained in an amcndment to this Agreement after Final Design is completed.
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SECTION 3 - ADDITIONAL SERVICES OF BURNS & MCDONNELL ENGINEERING
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by BURNS & MCDONNELL ENGINEERING, BURNS & MCDONNELL ENGINEERING
shall furnish or obtain from others Additional Services of the following types which are not considered
normal or customary Basic Services. The scope of Additional Scrviccs may include:
3.1.1 Grant and Loan Assistance
Prepare applications and supporting documents for governmental grants. loans, or advances.
3.1.2 Financial Consultation
Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such
engineering data as required for any bond prospectus or other financing requirements.
3.1.3 Fumishing renderings or models of the Projects for CITY OF FAYE11EVILLE's use.
3.1.4 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and
the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and
valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required
in connection with construction performed by CITY OF FAYETTEVILLE.
3.1.5 Separately Negotiated Services
Any of the following services may be provided by BURNS & MCDONNELL under a separately
negotiated agreement.
3.1.5.1 Consultations involving analyses and recommendations with regard to studies previously
performed or undertaken by others for CITY OF FAYETTEVILLE which may have an
overall effect on the operation, collection, treatment, and disposal methods for liquid and
solid wastes, but which arc not specifically included in the Scope of Work for Basic
Services of this Agreement, including, but not limited to:
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3.1.5.1.1 Comments, consultation, review, analysis, or completion of work contracted by
others to perform water quality modeling of receiving streams or determination of
effluent discharge requirements.
3.1.5.1.2 Negotiations among the CITY OF FAYETTEVILLE, the State of Arkansas and the
State of Oklahoma to determine and codify agreements on the acceptable loading or
concentration of nutrients in the wastewater effluent discharged into the Illinois River
drainage basin.
3.1.5.1.3 Negotiations between CITY OF FAYETTEVILLE and other Northwest Arkansas
cities, regional authorities, or utility districts involving acceptable loading or
concentration of nutrients in the wastewater effluent discharged into the White River
drainage basin.
3.1.5.1.4 Comments, consultation, review, analysis, or development of a bio -solids disposal
strategy for participation in either a commercial solution or in a regional disposal
option.
3.2 Contingent Additional Services
3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due
to circumstances beyond BURNS & MCDONNELL ENGINEERING's control, BURNS &
MCDONNELL ENGINEERING shall notify CI TY OF FAYETTEVILLE and request a
formal agreement amendment approved by the Mayor and the City Council prior to
commencing such services. If CITY OF FAYETTEVILLE deems that such services
described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written
notice to BURNS & MCDONNELL ENGINEERING. If CITY OF FAYETTEVILLE
indicates in writing that all or part of such Contingent Additional Services are not required,
BURNS & MCDONNELL ENGINEERING shall have no obligation to provide those
services.
3.2.2 Providing services made necessary by the default of the CITY OF FAYETTEVILLE's
contractors or consultants for the Program, by major defects or deficiencies in the Work of
the contractors or consultants, or by failure of performance of the CITY OF
FAYETTEVILLE or contractors or consultants under agreement for design or construction
services.
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SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of BURNS &
MCDONNELL ENGINEERING:
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Program.
4.2 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. BURNS & MCDONNELL
ENGINEERING may reasonably rely on the accuracy and completeness of such information
without independent verification or validation.
4.3 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 his services under this Agreement.
4.4 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.
4.5 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Program.
4.6 Designate in writing a person to act as CITY OF 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 CITY
OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements
and systems to be used in the Program, and other matters pertinent to the services covered by
this Agreement.
4.7 Give prompt written notice to BURNS & MCDONNELL ENGINEERING whenever CITY
OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Program,
change in needs, assumptions, constraints, plans, or otherwise affecting the efficient
execution of the Program, or possibly requiring change to Program plans, scope, budget, or
schedule.
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4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Program and such approvals and consents from others as may be necessary for completion of
the Program Pay directly to the governmental authorities the actual filing and permit fees
after approvals arc secured by BURNS & MCDONNELL ENGINEERING.
4.9 Fumish, or direct BURNS & MCDONNELL ENGINEERING to provide, necessary
Additional Services as stipulated in Section 3 of this Agreement or other services as required.
SECTION 5 - PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
5.2 This Agreement shall be applicable to all assignments authorized by CITY OF
FAYETTEVILLE and accepted by BURNS & MCDONNELL ENGINEERING subsequent
to the date of its execution. All assignments authorized prior to the execution of this
document, even if performed in whole or in part before the execution date, shall be governed
by the terms and conditions of this Agreement.
5.3 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Program through completion of the services stated in the Agreement. BURNS &
MCDONNELL ENGINEERING will proceed with providing the authorized services
immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said
authorization shall include the Scope of Services authorized and the time in which the
services are to be completed.
SECTION 6 - PAYMENTS TO BURNS & MCDONNELL ENGINEERING
6.1 Compensation
6.1.1 Final Design Phase Services
For the Scope of Services during the Final Design Phase described herein, CITY OF FAYETTEVILLE
shall pay BURNS & MCDONNELL ENGINEERING the sum of the following:
6.1.1.1 For time expended by personnel, payment at the hourly rates indicated in the attached
"Schedule of Hourly Professional Service Billing Rates" Form BMR 903. Such rates
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include overhead and profit. The schedule is effective to January 1, 2004, and will be
revised annually.
6.1.1.2 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.
6.1.2 Bidding Phase Services
For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall
pay BURNS & MCDONNELL ENGINEERING the sum of the following:
6. I.2.1 For time expended by personnel, payment at the hourly rates indicated in the attached
"Schedule of Hourly Professional Service Billing Rates" Form BMR 903. Such rates
include overhead and profit. The schedule is effective to January 1, 2004, and will be
revised annually.
6.1.2.2 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.
6.1.3 The total payment for the Basic Scope of Services described in Appendix A, Appendix
8, and Appendix C is estimated to be Two Million Six Hundred Eighty-five Thousand
Three Hundred Sixty-six Dollars ($2,685,366.00), but is not a guaranteed maximum.
The total payment is based on expending no more than 18,067 person -hours.
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6.1.4 Construction Phase Services
This section is resented for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6. I.5 Post -Construction Phase Services
This section is reserved for future details concerning this phase, if any This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.6 Resident Services During Construction
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.2 Statements
Monthly statements, in BURNS & MCDONNELL ENGINEERING's standard format; will be submitted
by BURNS & MCDONNELL ENGINEERING to CITY OF FAYETTEVILLE. Statements will be
submitted covering services and expenses incurred during the preceding month.
6.3 Payments
Statements are payable upon receipt and due within thirty (30) days. If a portion BURNS &
MCDONNELL ENGINEERING's statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall
advise BURNS & MCDONNELL ENGINEERING in writing of the basis for any disputed portion of any
statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date
the invoice is approved, however, payment within 30 days is not guaranteed.
6.4 Final Payment
Upon satisfactory completion of the services performed under this Agreement, as a condition before final
payment under this Agreement, or as a termination settlement under this Agreement, BURNS &
MCDONNELL ENGINEERING shall execute and deliver to CITY OF FAYETTEVILLE a release of all
claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims
which are specifically exempted by BURNS & MCDONNELL ENGINEERING to be set forth therein or
not capable of being reasonably discernable and liquidated at time of final payment Unless otherwise
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provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this
Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall
not constitute a waiver of CITY OF FAYETTEVILLE's claims against BURNS & MCDONNELL
ENGINEERING or his sureties under this Agreement or applicable performance and payment bonds, if
any
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 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 Limits of Liability
Workers' Compensation Statutor
Employers' Liability $500,000 Each Accident
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
Professional Liability Insurance $1,000,000 Each Claim
BURNS & MCDONNELL ENGINEERING will provide to CITY OF FAYETTEVILLE certificates as
evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal
of coverage.
7.1.2 Consultants and construction contractors shall be required to provide (or CITY OF
FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF
FAYETTEVILLE as a Named Insured and BURNS & McDONNELL ENGINEERING as an
additional insured, or, to endorse CITY OF FAYETTEVILLE and BURNS & McDONNELL
ENGINEERING as additional insureds on any construction contractor's or consultant's
liability insurance policies (except for Workmen's Compensation or professional liability
policies) covering claims for personal injuries and property damage. Construction
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contractors and consultants shall be required to provide certificates evidencing such insurance
to CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING.
7.1.3 CITY OF 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. A provision similar to this shall be incorporated into all
consultant and construction contracts entered into by CITY OF FAYETTEVILLE, and all
consultants and construction contractors shall be required to provide waivers of subrogation
in favor of CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING for
damage or liability covered by any consultant's or construction contractor's policy of
insurance.
7.2 Professional Responsibility
7.2.1 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
Program Management practices. If BURNS & MCDONNELL ENGINEERING fails to meet
the foregoing standard, BURNS & MCDONNELL ENGINEERING will perform at its own
cost, and without reimbursement from CITY OF FAYETTEVILLE, the professional Program
Management services necessary to correct errors, omissions, or other deficiencies which are
caused by BURNS & MCDONNELL ENGINEERING's failure to comply with above
standard. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages
caused by any negligence of' BURNS & MCDONNELL ENGINEERING. CITY OF
FAYETTEVILLE acknowledges that BURNS & MCDONNELL ENGINEERING will use
its best efforts to facilitate efficient evaluation of the Program, but cannot guarantee any or all
Program goals regarding budget, schedule, or performance will be met.
7.2.2 In addition BURNS & MCDONNELL ENGINEERING will be responsible to CITY OF
FAYETTEVILLE for damages caused by its negligent conduct during its activities at the
Project Sites to the extent covered by BURNS & MCDONNELL ENGINEERING's
Commercial General Liability and Automobile Liability Insurance policies as specified in
Paragraph 7.1.1.
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7.2.3 In no event will BURNS & MCDONNELL ENGINEERING be liable for any special,
indirect, or consequential damages including, without limitation, damages or losses in the
nature of increased Program costs, Program delays, loss of revenue or profit, lost production,
claims by customers or constituents of CITY OF FAYETTEVILLE, or for governmental
fines or penalties.
7.2.4 BURNS & MCDONNELL ENGINEERING's aggregate liability for all damages connected
with its services for the Program not excluded by the preceding subparagraph, whether
covered by insurance or not, will not exceed the compensation paid under this Agreement.
7.2.5 The obligations and remedies stated in this Paragraph 7.2, Professional Responsibility, are the
sole and exclusive obligations of BURNS & MCDONNELL ENGINEERING and are the
exclusive remedies of CITY OF FAYETTEVILLE regardless of the cause of action pled
including, without limitation, negligence of every character.
7.2.6 CITY OF FAYETTEVILLE acknowledges that BURNS & MCDONNELL ENGINEERING
will be interacting on behalf of CITY OF FAYETTEVILLE with all Program participants and
stakeholders at a high level. This broad participation exposes BURNS & MCDONNELL
ENGINEERING to many potential risks and conflicts to participants and third parties that
would otherwise remain with the CITY OF FAYETTEVILLE, if BURNS & MCDONNELL
ENGINEERING's method had not been employed. CffY OF FAYETTEVILLE also
recognizes the benefit of utilizing BURNS & MCDONNELL ENGINEERING as the
obligations and responsibilities of BURNS & MCDONNELL ENGINEERING are not within
the core competencies, or could not be provided by the current staff of, CITY OF
FAYETTEVILLE. In addition to the protections provided in this Section 7.2 to entice
BURNS & MCDONNELL ENGINEERING to offer the scope of services for the negotiated
rates herein, CITY OF FAYETTEVILLE also will provide the following indemnification:
7.2.6.I CITY OF FAYETTEVILLE will indemnify, defend, and hold harmless BURNS &
MCDONNELL ENGINEERING from and against any and all loss where Toss is caused
or incurred or alleged to be caused or incurred in whole or in part as a result of the
negligence or other actionable fault of CITY OF FAYETTEVILLE, of the Consultants,
Contractors, or their employees, agents, Subcontractors, and Suppliers.
7.2.6.2 CITY OF FAYETTEVILLE also agrees that it will require all Consultants, and
construction Contractors to indemnify, defend, and hold harmless CITY OF
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FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING from and against any
and all loss where loss is caused or incurred or alleged to be caused or incurred in whole
or in part as a result of the negligence or other actionable fault of the Consultants, the
Contractors, or their employees, agents, Subcontractors, and Suppliers.
7.2.6.3 Should these indemnification provisions of 7.2.6 above be found to be, in whole or in part
unenforceable, it shall be reformed to conform to law and to accomplish, to the greatest
extent possible, their original intent or outcome, consistent with the law.
7.3 Cost Opinions and Projections
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 Program Manager. 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.
7.4 Changes
CITY OF 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 BURNS & MCDONNELL ENGINEERING.
7.5 Termination
75. I This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
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7.5. I . I Not Tess than ten (10) calendar days written notice (delivered by certified mail, retum
receipt requested) of intent to terminate.
7.5.1.2 An opportunity for consultation with the terminating party prior to termination.
7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that BURNS & MCDONNELL
ENGINEERING is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, retum
receipt requested) of intent to terminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services,
7.5.3.2 Any payment due to BURNS & MCDONNELL ENGINEERING at the time of
termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE
because of BURNS & MCDONNELL ENGINEERING's default.
7.5.4 If termination for default is effected by BURNS & MCDONNELL ENGINEERING, or if
termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable
adjustment for any termination shall provide for payment to BURNS & MCDONNELL
ENGINEERING for services rendered and expenses incurred prior to the termination, in
addition to termination settlement costs reasonably incurred by BURNS & MCDONNELL
ENGINEERING relating to commitments which had become firm prior to the termination.
7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, BURNS &
MCDONNELL ENGINEERING shall:
7.5.5.1 Promptly discontinue all affected services (unless the notice directs otherwise),
7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, cost opinions, summaries and such other information and
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materials as may have been accumulated by BURNS & MCDONNELL ENGINEERING
in performing this Agreement, whether completed or in process.
7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may
take over the service and may award another party an agreement to complete the services
under this Agreement.
7.5.7 If, after termination for failure of BURNS & MCDONNELL ENGINEERING to fulfill
contractual obligations, it is determined that BURNS & MCDONNELL ENGINEERING had
not failed to fulfill contractual obligations, the termination shall be deemed to have been for
the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the
Agreement price shall be made as provided in Paragraph 7.5.4 of this clause.
7.6 Delays
In the event the services of BURNS & MCDONNELL ENGINEERING arc suspended or delayed by
CITY OF FAYETTEVILLE, or by other events beyond BURNS & MCDONNELL ENGINEERING's
reasonable control, BURNS & MCDONNELL ENGINEERING shall be entitled to additional
compensation for rcasonablc costs incurred by BURNS & MCDONNELL ENGINEERING in
temporarily closing down or delaying the Program, including any extended overhead.
7.7 Rights and Benefits
BURNS & MCDONNELL ENGINEERING's services will be performed solely for the benefit of CITY
OF FAYETTEVILLE and not for the benefit of any other persons or entities.
7.8 Dispute Resolution
7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING which
arise from, or in any way are related to, this Agreement, including, but not limited to the
interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions
of CITY OF FAYETTEVILLE or BURNS & MCDONNELL ENGINEERING in the
performance of this Agreement, and disputes concerning payment.
7.8.2 Exhaustion of Remedies Required No action may be tiled unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion
BMcD Design and Bid Phase Agreement 14 052303
• •
of these procedures, such action shall be stayed. upon application by either party to a court of
proper Jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied
with.
7.8.3 Notice of Dispute
7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice;
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give BURNS & MCDONNELL ENGINEERING written Notice
at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any
incident, accident, or first observance of defect or damage. In both instances, the Notice
shall specify the nature and amount of relief sought, the reason relief should be granted,
and the appropriate portions of this Agreement that authorize the relief requested.
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
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 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.
7.9 CITY OF 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.
7.10 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 niay prepare publications, such as technical
papers, articles for periodicals, and press releases, pertaining to BURNS & MCDONNELL
ENGINEERING's services for the Program. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYE11EVILLE's advance review. CITY OF
BMcD Design and Bid Phase Agreement 15 052303
• •
FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's
comments to BURNS & MCDONNELL ENGINEERING. CITY OF FAYETTEVILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise CITY OF
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.
7.11 Indemnification
7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and BURNS &
MCDONNELL ENGINEERING from and against any and all loss where loss is caused or
incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or
other actionable fault of the Consultants or Contractors, or their employees, agents,
Subcontractors, and Suppliers.
712 Computer Models
BURNS & MCDONNELL ENGINEERING may use or modify BURNS & MCDONNELL
ENGINEERING's proprietary computcr models in service of CITY OF FAYETTEVILLE under this
Agreement, or BURNS & MCDONNELL ENGINEERING may develop computer models during
BURNS & MCDONNELL ENGINEERING's service to CITY OF FAYETTEVILLE under this
Agreement. Such use, modification, or development by BURNS & MCDONNELL ENGINEERING
docs not constitute a license to CITY OF FAYETTEVILLE to use or modify BURNS & MCDONNELL
ENGINEERING's computer models. Said proprietary computer models shall remain the sole property of
BURNS & MCDONNELL ENGINEERING. CITY OF FAYETTEVILLE and BURNS &
MCDONNELL ENGINEERING will enter into a separate license agreement if CITY OF
FAYETTEVILLE wishes to use BURNS & MCDONNELL ENGINEERING's computer models.
7.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, cost opinions, specification field notes. and data are and remain the property
of CITY OF FAYETTEVILLE. BURNS & MCDONNELL ENGINEERING may retain reproduced
copies of drawings and copies of other documents.
BMcD Design and Bid Phase Agreement 16 052303
• •
Engineering documents, drawings, and specifications prepared by BURNS & MCDONNELL
ENGINEERING as part of the Services shall become the property of CITY OF FAYETTEVILLE when
BURNS & MCDONNELL ENGINEERING has been compensated for all Services rendered, provided,
however, that BURNS & MCDONNELL ENGINEERING shall have the unrestricted right to their use.
BURNS & MCDONNELL ENGINEERING shall, however, retain its rights in its standard drawings
details, specifications, databases, computer software, and other proprietary property. Rights to
intellectual property developed, utilized, or modified in the performance of the Services shall remain the
property of BURNS & MCDONNELL ENGINEERING.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. BURNS & MCDONNELL ENGINEERING makes no warranty as
to the compatibility of these files with any oth r system or software. Because of the potential degradation
of electronic medium over time, in the event of a conflict between the sealed original drawings/hard
copics and the electronic files, the scaled drawings/hard copies will govern.
7.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYE ITEVILLE's address
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville AR 72701
BURNS & MCDONNELL ENGINEERING's address
Bums & McDonnell Engineering Co., Inc.
9400 Ward Parkwa%
Kansas City, MO 64114
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING each binds himself and his
successors, executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all covenants of this
Agreement; except as above, neither CITY OF FAYETTEVILLE nor BURNS & MCDONNELL
ENGINEERING shall assign, sublet, or transfer his interest in the Agreement without the written consent
of the other.
BMcD Design and Bid Phase Agreement 17 052303
• •
7. 16 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.
7.17 Entire Agreement
This Agreement represents the entire Agreement between BURNS & MCDONNELL ENGINEERING
and CITY OF 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 arc superseded. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE
issues to BURNS & MCDONNELL ENGINEERING a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by BURNS &
MCDONNELL ENGINEERING, shall be considered as a document for CITY OF FAYETTEVILLE's
internal management of its operations.
SECTION 8 - SPECIAL CONDITIONS
8.1 Additional Responsibilities of BURNS & MCDONNELL ENGINEERING:
8.1 1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's
(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 performance to the required standard of care. Neither
CITY OF 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.
8.1.2 BURNS & MCDONNELL ENGINEERING shall be and shall remain liable, in accordance
with applicable law, for all damages to CITY OF FAYETTEVILLE to the extent 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 CFIY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished
data.
BMW Design and Bid Phase Agreement 18 052303
• •
8.I.3 BURNS & MCDONNELL ENGINEERING's obligations under this clause are in addition to
BURNS & MCDONNELI. ENGINEERING's other express or implied assurances under this
Agreement or State law and in no way diminish any other rights that CITY OF
FAYETTEVILLE may have against BURNS & MCDONNELL ENGINEERING for faulty
materials, equipment, or services.
8.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other
matters in question between CITY OF FAYETTEVILLE and BURNS & MCDONNELL
ENGINEERING arising out of or relating to this Agreement or the breach thereof will be decided in a
court of competent jurisdiction within Arkansas.
8.3 Audit: Access to Records
8.3.1 BURNS & MCDONNELL ENGINEERING shall maintain books, records, documents and
other evidence directly pertinent to performance of services 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 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 CITY OF
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, CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. BARNS &
MCDONNELL ENGINEERING will provide proper facilities for such access and inspection.
8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during
performance of services under this Agreement and until three years from the date of final
payment for the Program. 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.
BMW Design and Bid Phase Agreement 19 052303
83.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3 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:
8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised.
competitively awarded, fixed price agreement. I lowever, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
8.33.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of BURNS & MCDONNELL ENGINEERING;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.3.33.3 If the subagreement is terminated for default or for convenience.
8.4 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 of understanding for a commission,
percentage, brokerage or continent 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 breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the contract
price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage
or contingent fee.
8.5 Gratuities
8.5.1 If CITY OF 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 CITY 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, CITY OF
BMcD Design and Bid Phase Agreement 20 052303
C
I
FAYETTEVILLE may, by written notice to BURNS & MCDONNELL ENGINEERING
terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and
remedies that the law or this Agreement provides. However, the existence of the facts on
which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed
in proceedings under the Remedies clause of this Agreement.
8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF
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 by law, in the event BURNS & MCDONNELL ENGINEERING knowingly
and intentionally committed such an act in a direct attempt to harm the CITY OF
FAYETTEVILLE, CITY OF FAYETTEVILLE may pursue exemplary damages in an
amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor
more than ten times the costs BURNS & MCDONNELL ENGINEERING incurs in
providing any such gratuities to any such officer or employee.
8.6 Arkansas Freedom of Information Act
8.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, BURNS & MCDONNELL ENGINEERING
will do everything possible to provide the documents in a prompt and timely manner as
prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only
legally authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
8.7 Debarment And Suspension
I certify that to the best of my knowledge and belief that the company that I represent and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection
I3McD Design and Bid Phase Agreement 21 052303
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal. State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
I understand that a false statement on this certification regarding debarment and suspension may be
grounds for rejection of this proposal or termination of the award. In addition, under I8 USC Sec. 1001, a
false statement may result in a fine of up to $ 10,000 or imprisonment for up to 5 years, or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY NAME:
SIGNATUR
PRINTED NAME:G 4TITLE: President Infrastructure Group
DATE: June 4, 2003
BMcD Design and Bid Phase Agreement 22 052303
S
E
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
BURNS & MCDONNELL ENGINEERING, by its authorized officer have made and executed this
Agreement as of the day and year first above written.
CITY C
By:
ATTES
By:
BURP
By:
Title:
By:
Title: rrolect manager
Changes, modifications or amendments in scope, price or fees to this Agreement shall
not be allowed
without formal agreement
amendment
approved by the
Mayor and the
City Council in
advance of the change in
scope, cost,
fees, or delivery
schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BMcD Design and Bid Phase Agreement 23 052303
CITY OF FAYETTEVILLE
AGREEMENT FOR PROFESSIONAL
PROGRAM MANAGEMENT SERVICES
APPENDIX A - SCOPE OF SERVICES FOR FINAL DESIGN PHASE
This is Appendix A, consisting of 4 pages
Program Management Services between
and Bums & McDonnell Engineering Con
referred to in and part of the Agreement For Professional
City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE)
pany, Inc. (BURNS & MCDONNELL ENGINEERING) dated
Initial:
CITY OF FAYETTEVILLE "
BURNS & MCDONNELL ENGINEERING
The following contains additional Scope of Services for the Final Design Phase.
Generally, the project will include the Program Management Services for the Design Phase for the
Fayetteville \Vastcwatcr System Improvement Project which consists of design of the new West Side
\Vastcwatcr Treatment Plant; the West Side Collection System Improvements; the Rehabilitation and
Improvements to the Paul R. Noland Wastewater Treatment Plant; the East Side Collection System
Improvements; and Program -wide permitting services, provided by McGoodwin, Williams. and Yates; RJN
Group: Black & Veatch; Garver Engineers; and ECO. Inc., respectively (Consultants). The Scope of
Services described herein is based on the preliminary project schedules submitted by the Consultants and as
such, shall be considered to span the 23 -month design period of the entire program, and shall not exceed 23
months front the date of the written authorization of this Agreement.
PART A - PROGRAM ADMINISTRATION AND MANAGEMENT
Program Administration
a) Perform project initiation activities.
b) Perform general administration and program management activities consisting of consulting
with and advising CITY OF FAYEFt EVILLE, receiving and reviewing design deliverables
from the Consultants, and communicating to CITY OF FAYETTEVILLE recommendations
for directions to and decisions by the Consultants.
c) Review and comment on draft Design Phase and Bidding Phase Professional Services
Agreements submitted for approval to CITY OF FAYETTEVILLE by the Consultants.
d) Assist City in negotiation of Design Phase and Bidding Phase Professional Services
Agreements with the Consultants.
e) Implement appropriate program control procedures including budgeting, scheduling, and
quaquality control activities.
I) Prepare monthly written Program Progress Reports to City.
g) Develop and maintain program web site (see Appendix C).
h) Maintain contact with Arkansas Soil and Water Conservation Commission (ASWCC).
2. Program Management
a) Monitor Consultants' compliance with the respective design agreements and report findings to
CITY OF FAYETTEVILLE.
b) Monitor Consultants' progress and report findings to CITY OF FAYETTEVILLE.
c) Receive, review, and comment on Consultants' updated project schedules.
d) Consolidate Consultants' accepted schedules and develop into a Program Schedule covering
the design period, construction documents preparation, construction of improvements, and
post -construction period.
c) Cost load the schedule, based on program activities, for cash flow and spending plan analysis.
f) Monitor and update the Master Schedule to reflect design schedule changes. Benchmark the
program schedule and update based on actual progress of activities.
DMcD Appendix A Final.doc Appendix A
Page I of4
g) Recommend to CITY OF FAYETTEVILLE the construction packaging and sequence of
bidding and construction.
h) Recommend changes to CITY OF FAYETTEVILLE for design or construction packaging to
maintain Program Schedule.
i) Maintain and distribute accepted schedule updates.
j) Receive, review and comment on updated construction cost opinions provided by the
Consultants.
k) Consolidate Consultants' construction cost opinions into an overall Program Budget,
including design, construction, and management.
I) Update and report the Program Budget to CITY OF FAYETTEVILLE.
rat) Update the Program Budget as the plans reach the contract document stage and advise CITY
OF FAYETTEVILLE if it appears than die construction may exceed the Program Budget.
n) Prepare and furnish to CITY OF FAYETTEVILLE periodic updated cash flow projections.
3. Meetings
a) Schedule and conduct monthly a combined one -day progress meeting in Fayetteville with
City staff and each Consultant beginning one month alter written Authorization of this
Agreement and continuing through the completion of the Design Phase portion of the
Program (anticipated to be within 23 months of the written Authorization). When possible.
the meetings will be scheduled on dates which coincide with other progress; coordination; or
conference meetings being conducted during the Design Phase of the Program. A total of 23
monthly progress meetings is anticipated.
b) Schedule and conduct within 30 days of written Authorization of this Agreement a combined
one -day project kickoff meeting in Fayetteville with the Consultants, CITY OF
FAYETTEVILLE staff, and BURNS & MCDONNELL ENGINEERING.
c) Meet with Arkansas DEQ, AHTD, and DOH to assist in obtaining permits for construction of
projects. A total of three meetings is anticipated.
d) Prepare for and attend periodic City Council meetings to report progress and to address
concerns and questions of the Council. Up to four meetings arc anticipated and will be
scheduled at the request of CITY OF FAYETTEVILLE.
PART B — DESIGN COORDINATION
Design Reviews
a) The Program Management Team will call for and conduct reviews of the Consultants' designs
at appropriate intervals throughout the design period of each construction package. During
the Initial Design Reviews, BURNS & MCDONNELL ENGINEERING will assess the
designers' progress to date, their compliance with the Design Criteria and Standards, and if
CITY OF FAYETTEVILLE's concept for the facilities is being met. During the Intermediate
and Final Reviews, BURNS & MCDONNELL ENGINEERING will continue the
methodology established for the initial reviews, but additionally will check to see if previous
comments have been considered and incorporated into the design. At the Final Review, the
emphasis will be on whether the project is ready to be advertised for bidding. BURNS &
MCDONNELL ENGINEERING will make a review of each Project Manual prepared before
being released for bidding. The emphasis will be on whether CITY OF FAYEIi bVTLLE's
and ASWCC's requirements have been met.
b) Design reviews conducted by the Program Manager will not supplant the Consultants' own
internal or external quality control procedures or design reviews. The Consultants shall be
responsible for evenaspect of the designs provided to CITY OF FAYETTEVILLE.
c) Design Reviews are independent of the Value Engineering Studies being conducted at
approximately the same time as the initial design reviews.
d) It is anticipated in this Agreement that Consultants will print five copies of their work to date
for each design review milestone for each construction package and submit them to BURNS
& MCDONNELL ENGINEERING for review and continent at the following intervals:
1) Initial Design Reviews will be conducted on each package at the approximate 25 percent
to 30 percent completion level and where practicable, will be conducted during
B.McD Appendix A Final.duc Appendix A
Page 2 of 4
approximately the same time period as, but independent of, the Value Engineering
Studies. A total of 17 Initial Design Reviews is anticipated.
2) Intermediate Design Reviews will be conducted on the West Side Treatment Plant, the
Noland Treatment Plant Solids Handling package, and the Noland Treatment Plant
Headworks Modifications package at approximately the 00 percent completion level. A
total of three Intcnuediatc Design Reviews is anticipated.
3) Final Design Reviews will he conducted on each package at the approximate 95 percent
completion level. A total of 17 Final Design Reviews is anticipated.
2. Procurement Coordination
a) Using criteria and specifications furnished by the design Consultants, BURNS &
MCDONNELL ENGINEERING will assemble procurement documents for purchase of large
pumps by CITY OF FAYETfEVILLE. This procurement contract is intended to maximize
uniformity of pumping equipment and to minimize spare parts and maintenance training.
Receipt, installation, and start-up of the pumps shall be included in the various construction
contracts prepared by the design consultants for the Favetteville Wastewater System
Improvements Project.
b) BURNS & MCDONNELL ENGINEERING will review and comment on procurement
documents prepared by the Consultants for other advanced purchase items by CITY OF
FAYETTEVILLE. It is anticipated that one procurement contract for all belt filter presses to
be used at the West Side facility and at the Noland facility will be prepared by Black &
Veatch Corporation for purchase by CITY OF FAYETfEVILLE and the equipment purchase
order assigned to construction contractor.
3. RLF Requirements
a) Using data furnished by the Consultants, assemble a list of lax exempt equipment for each
project and request certification from Arkansas Department of Environmental Quality NPDES
Branch and Arkansas Department of Finance and Administration. Provide certifications to
Consultants for inclusion in Project Manuals.
b) Assist City in submitting Site Certificates (RLF-51) attesting that all land for construction has
been obtained.
4. Value Engineering
a)
Provide Value Engineering Studies and planning sessions for each of the four major projects
of the program. It is anticipated that one 4 -day and one 5 -day workshop each will be
conducted for the existing Noland Treatment Plant projects and for the new West Side
Treatment Plant and their ancillary projects. One 5 -day workshop each will be conducted for
the West Side Collection System and Pumping Station Improvements and for the East Side
Collection System and Pumping Station Improvements.
b)
The initial workshop for each of the four major projects will be conducted at the "design
memorandum" level of completion of (lie project. The Preliminary Design Reports already
prepared by the Consultants during the Pre -Design Phase of the Program will be sufficient to
commence initial workshops. Workshops are anticipated to be conducted in Fayetteville
within four weeks of written Authorization of this Agreement for (lie Eastside Collection
System, within six weeks of written Authorization for the West Side WWTP, within eight
weeks of written Authorization for the West Side Collection System, and within 12 weeks of
written Authorization for the Noland WWTP. Calendar dates for each workshop will be
recommended to CITY OF FAYETTEVILLE within 14 days of written Authorization of this
Agreement and forwarded to Consultants.
c)
Additional workshops will be conducted at an approximate "30 percent" completion level for
only the West Side WWTP and the Noland WWTP projects. The 30 percent completion level
is defined as when consultants reach a point where their respective designs are at a system
level, i.e., systems are defined; selected; and laid out, but not designed; detailed: nor
dimensioned, process flow diagrams. P&IDs, and preliminary sketches arc prepared, concepts
are formulated, unit costs and life cycle costs have been approximated, and pump types have
been selected. Workshops arc anticipated to be conducted in Fayetteville within I8 weeks of
written Authorization of this Agreement for the West Side WWTP. and within 24 weeks of
mVcD Appendix A FinaLdoc Appendix A
Page 3 of 4
written Authorization for the Noland W WTP. Calendar dates for each workshop will be
recommended to CITY OF FAYETTEVILLE within 14 days of written Authorii ition of this
Agreement and forwarded to Consultants.
d)
Value Engineering Studies are independent of the design reviews that may be conducted at
approximately the same time as the Value Engineering Studies.
5. Permitting Facilitation
a)
Develop a "permitting process" that includes interim and final milestones for permit
acquisition; integrate the process into the overall schedule and the schedule for the design of
each project.
b)
Coordinate with each design consultant responsible for preparation and development of part
or all of a permit application to be submitted to a state or federal agency to determine their
perceived plan and schedule for future action.
c)
Coordinate and facilitate permit application development, submission, and review and
participate in negotiations with each permitting agency and the consultant responsible for the
specific permit.
d)
Coordinate and facilitate the "permitting process" with the consultant responsible for the
specific permit; establish a single point of contact with each consultant to coordinate permit
application preparation including required studies, analyses, and evaluations by each
consultant.
c)
Identify or establish a single point of contact with each state or federal agency from which a
permit will be required; monitor the permit process monthly (or other appropriate interval) or
as required with the agency.
f)
Monitor the overall progress of each Consultant with permit responsibility; report periodically
to CITY OF FAYETTEVILLE concerning the permitting process activities relative to the
established milestones and design schedules for each project; provide recommendations to
CITY OF FAYETTEVILLE for change if required to maintain overall design schedule.
g)
Coordinate and facilitate the "permitting process" so that a smooth transition occurs between
the design and construction phases of the Program.
h)
Assumptions:
1) Consultants responsible for pcnnitting will be sufficiently competent to obtain the
permits required.
2) The Arkansas Department of Environmental Quality will ultimately be able to complete
successful negotiations with CITY OF FAYETTEVILLE, with the Beaver Water District,
and with the State of Oklahoma to allow the new West Side Wastewater Treatment
Facility to be permitted; discharge limits will be obtainable under normal design
considerations.
3) There will be no legal action, injunction or other measures taken by interested parties that
would temporarily or permanently halt design or construction, or preclude operation of
the facility.
4) If excessive seepage problems are found to occur or dewatcring activities arc projected to
be required during construction, a separate National Pollutant Discharge Elimination
Systeni (NPDES) permit may be required; the potential for this permit should be
recognizable during design.
ANIX61 019180 u17PJI
13McD Appendix A Final.doc Appendix A
Page 4 of 4
CITY OF FAYETTEVILLE
AGREEMENT FOR PROFESSIONAL
PROGRAM MANAGEMENT SERVICES
APPENDIX B - SCOPE OF SERVICES FOR BIDDING PHASE
This is Appendix B, consisting of 2 pages, referred to in and part of the Agreement For Professional
Program Management Senices between City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE)
and Burns & McDonnell Engineering Company, Inc., (BURNS & MCDONNELL ENGINEERING) dated
Initial:
CITY OF FAYETTEVILLE
BURNS & MCDONNELL ENGINEERING
The following is the Scope of Services for the Bidding Phase.
Generally, the Bidding Phase of the Program will begin immediately after the bidding documents
for the first construction project are completed and printed by others for distribution and will end upon
BURNS & MCDONNELL ENGINEERING's final presentation to CITY OF FAYETTEVILLE of a
recommendation for award of the last construction contract. Based on the Consultants' preliminary
schedule, the Bidding Phase for the first construction project of the Program is anticipated to start as early
as within three months of the written Authorisation of this Agreement and will conclude with the last
construction project of the Program approximately 24 months following written Aulhori7alion of this
Agreement. It is anticipated that the overall Program will consist of a maximum of 17 project bidding
packages. This Scope of Services is based on providing Bidding Phase services for each project spanning a
two- to three-month period immediately following completion of each project's bidding documents. It is
acknowledged that bidding and construction of some packages may be intentionally delayed after
completion of design to take advantage of a more favorable construction environment at a future date or
due to delays by others in completion of the designs. In the event that bidding of individual packages is
delayed beyond the presently anticipated dates. BURNS & MCDONNELL ENGINEERING will request
reconsideration of the scope and compensation for providing Bidding Phase Services.
PART A — BIDDING ASSISTANCE
Program Administration
a) Perform general administration and program management activities.
b) Prepare monthly written Program Progress Reports to CITY OF FAYETTEVILLE.
c) Maintain program web site (see Appendix C).
d) Maintain contact with Arkansas Soil and Water Conservation Commission (ASWCC).
c) Review, track, and recommend payment of Consultants' invoices to CITY OF
FAYETTEVILLE.
O Monitor and update the Master Schedule to reflect schedule changes.
g) Update and report the Program Budget to CITY OF FAYETTEVILLE.
Ii) Update the Program Budget as the construction contracts are awarded and advise CITY OF
FAYETTEVILLE if it appears that the construction may exceed the Program Budget.
i) Prepare and furnish to CITY OF FAYETTEVILLE periodic updated cash flow projections.
2. Advertisement. Assist CITY OF FAYETTEVILLE in placing timely and properly worded
advertisements for bids for construction packages in publications and media as required by CITY
OF FAYETTEVILLE ordinances and the Revolving Loan Fund (RLF).
3. Pre -Bid Conference. Arrange for and conduct Pre -Bid Conferences. Summarize for prospective
bidders the conditions of the bidding documents and the work to be completed tinder the
HMcI Appendix 13 Final doc Appendix H
Page I of 2
individual construction projects and how it affects the overall Program. Answer bidders'
questions only where a specific reference can be made to the bidding documents.
4. Clarifications and Modifications. Receive bidders' questions before, during, and after the
Pre -Bid Conferences and formulate replies to be issued by addendum by the Consultants. Only
revisions to bidding documents will be issued by addendum and questions already sufficiently
answered in the bidding documents will not be addressed in the addenda. Minutes of the Ike -Bid
Meeting containing a log of questions received will be prepared and issued to all attendees. The
minutes will contain responses to the questions where reference to a specific specification
requirement can be made or when a specification requirement will be changed by addendum. The
minutes of the Pre -Bid Meetings will not he issued by addendum nor become a part of the Bidding
Documents
5. Addenda. Receive, review, and recommend approval of all addenda prepared by the Consultants
before issuance to planholdcrs by others.
6. Cost Opinions. Receive the Consultants' Final Opinion of Probable Construction Costs, review
and recommend revisions where necessary, and submit to CITY OF FAYETTEVILLE before
opening of bids.
7. Bid Opening. Attend bid openings and assist with receipt and opening of bids if requested by
CITY OF FAYETTEVILLE. Prepare bid tabulation forms and issue to all bidders if requested by
CITY OF FAYETTEVILLE,
S. Evaluation. Evaluate the bids received and the low bidder's qualifications and make written
recommendation to CITY OF FAYETTEVILLE for award of the contracts.
'l. Committee Presentation. Attend Water and Sewer Committee meeting and CITY OF
FAYETTEVILLE City Council meeting to recommend action by the bodies. Provide justification
for making award and respond to questions from committee and Council.
10. State and Other Submittals. Assist CITY OF FAYETTEVILLE in staking pre -bid and post -bid
submittals to ADEQ and ASWCC as required by conditions of RLF. Assist CITY OF
FAYETTEVILLE in notifying Department of Labor, Safety Division. of award of contracts that
involve trench or excavation safety systems.
11. Meetings.
a) Schedule and conduct monthly a one-half day progress meeting in Fayetteville with CITY OF
FAYETTEVILLE staff beginning at conclusion of the Design Phase of the last construction
project and continuing through the completion of the Bidding Assistance portion of the
Program. When possible, the meetings will he scheduled on dates to coincide with other
progress; coordination; or conference meetings being conducted during the Design or Bidding
Phases of the Program. A total of 3 meetings is anticipated.
h) Schedule and conduct Pre -Bid Meetings for each of the 17 anticipated construction packages.
The meetings are anticipated to be held in Fayetteville during the second week of each
advertisement period.
c) Attend bid opening ceremonies for each of the 17 anticipated construction packages. The bid
openings are assumed to he scheduled at the end of each four -week advertisement period.
d) Attend committee and Council meetings to recommend action on each of the 17 anticipated
construction packages. The meetings are assumed to be held within eight weeks of the bid
openings.
END OF DOCUMENT
B\IcD Appendix B Final.doc Appendix U
Page 2 of 2
CITY OF FAYETTEVILLE
AGREEMENT FOR PROFESSIONAL
PROGRAM MANAGEMENT SERVICES
APPENDIX C - SPECIAL TERMS AND CONDITIONS
INFORMATION TECHNOLOGIES AGREEMENTS
This is Appendix C, consisting of 7 pages, referred to in and part of the Agreement For Professional
Program Management Services, between City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE)
and Bums & McDonnell Engineering Company, Inc. (BURNS & MCDONNELL ENGINEERING) dated
713.
Initial:
CITY OF FAYETTEVILLE
BURNS & MCDONNELL ENGINEERING
"These special terms and conditions shall control and apply only to the services provided in Ap endix A -
Part A l.g), Develop and Maintain Program Web Site:
NOW THEREFORE, in consideration of 1he mutual promises set forth in the AGREEMENT,
and these SPECIAL TERMS AND CONDITIONS herein. BURNS & MCDONNELL ENGINEERING
and CITY OF FAYETTEVILLE ((he "Panics") hereby agree as follows:
1. Definitions
a)
"Agreement" shall mean the underlying "Agreement for Professional Program Management
Services" document containing the executed commercial terns of this contract including. but
not limited to pricing and/or compensation and payment terms, time of performance,
designated party representatives with authority to approve change orders, invoices, and
receive notices.
h)
"CITY OF FAYETTEVILLE Materials" shall mean all information, data, specifications,
software, documentation, tools, equipment and other materials provided by CITY OF
FAYETTEVILLE to BURNS & MCDONNELL ENGINEERING. (including any CITY OF
FAYETTEVILLE Software, CITY OF FAYETTEVILLE Information, and CITY OF
FAYETTEVILLE Content) for use in rendering the Services and/or incorporation within the
Work Product.
c)
"BURNS & MCDONNELL ENGINEERING Materials" shall mean all information, data,
specifications, software, documentation, tools, equipment and other materials owned or
developed by BURNS & MCDONNELL ENGINEERING (including any BURNS &
MCDONNELL ENGINEERING Software, BURNS & MCDONNELL ENGINEERING
Infornttion. and BURNS & MCDONNELL ENGINEERING Content) in rendering the
Services, and/or in developing the Work Product, and/or developed or otherwise owned by
BURNS & MCDONNELL ENGINEERING prior to the Effective Date of [his Agreement.
d)
"Services" shall mean the technical consulting services and/or the development of Work
Product, and/or the provision of data processing/application hosting/web hosting services to
be provided by BURNS & MCDONNELL ENGINEERING under these Special Conditions.
c)
"Statement of Work" shall mean APPENDIX A - PART A l.g) Develop and Maintain
Program Web Site.
I)
"Third Party Materials" shall mean all information, data, specifications, software,
documentation, tools, equipment and other materials owned by a third party that is licensed or
otherwise obtained by BURNS & MCDONNELL ENGINEERING (including any Third
Party Software, Third Party Information, or Third Party Content) for use in connection with
the Services and/or incorporation within the Work Product.
g)
"Work Product" shall mean all information, data, specifications, software, tools,
documentation, equipment and other materials developed or otherwise obtained by BURNS &
MCDONNELL ENGINEERING and provided to CITY OF FAYETTEVILLE (which may
include a combination of CITY OF FAYETTEVILLE Materials, BURNS & MCDONNELL
ENGINEERING Materials and Third Party Materials) as set forth in the Statement of Work.
I)\lcl) Appendix
C Final.doc Appendix C
Page 1 o17
Work Product shall include, but not be limited to, any partial or completed manifestation,
representation, compilation, adaptation, translation, or integration of Materials in the
instruments of service prepared or produces through BURNS & MCDONNELL
ENGINEERING's physical or intellectual effort, or otherwise contained in any deliverables to
the CITY OF FAYETTEVILLE.
2. Services
a)
Services Generally. BURNS & MCDONNELL ENGINEERING shall provide the Services
and/or Work Product to CITY OF FAYETTEVILLE to provide APPENDIX A - PART AI.g)
Develop and Maintain Program Web Site, These Special Terms and Conditions shall apply to
all such Services and Work Product.
b)
Scope of Services. CITY OF FAYETTEVILLE agrees that BURNS & MCDONNELL
ENGINEERING is responsible only for providing the Services and any Work Product. and
BURNS & MCDONNELL ENGINEERING is not responsible for providing any services or
performing any tasks not specifically required for APPENDIX A - PART A Lg) Develop and
Maintain Program Web Site
c)
Revisions. see Agreement
d)
Development. BURNS & MCDONNELL ENGINEERING shall develop and provide CITY
OF FAYETTEVILLE with the services, and Work Product to provide APPENDIX A -
PART A I.g) Develop and Maintain Program Web Site. CITY OF FAYETTEVILLE
acknowledges that the services and Work Product will be developed to operate on a specific
platform and in a specific environment. BURNS & MCDONNELL ENGINEERING is not
responsible for any modifications necessary to enable the services or Work Product to operate
on a different platform and/or environment. It is understood that services and Work Product
may contain a combination of CITY OF FAYETTEVILLE and/or BURNS & MCDONNELL
ENGINEERING and/or Third Party Materials, including, but not limited to, Content and/or
Software.
e)
Support and Maintenance. N/A
3. Propriety Rights and License
a)
CITY OF FAYETTEVILLE Materials. BURNS & MCDONNELL ENGINEERING
acknowledges and agrees that CITY OF FAYETTEVILLE is and shall remain the owner of
all right, title and interest in and to the CITY OF FAYETTEVILLE Materials, including. but
not limited to, all copyrights, trademarks, parents, trade secrets, and any other proprietary
rights therein. Notwithstanding the foregoing, CITY OF FAYETTEVILLE hereby grants to
BURNS & MCDONNELL ENGINEERING a non-cxclusivc, royalty -free license to use the
CITY OF FAYETTEVILLE Materials in rendering the Services and developing any Work
Product under this Agreement.
b)
BURNS & MCDONNELL ENGINEERING Materials and Work Product. CITY OF
FAYETTEVILLE acknowledges and agrees that BURNS & MCDONNELL ENGINEERING
shall retain all right, title and interest in and to the BURNS & MCDONNELL
ENGINEERING Materials, including, but not limited to, all copyrights, trademarks, patents,
trade secrets, and any other proprietary rights therein, subject to CITY OF FAYETTEVILLE's
ownership of CITY OF FAYETTEVILLE Materials as defined in Paragraph 3.a). BURNS &
MCDONNELL ENGINEERING shall have the right to use or otherwise exploit the Work
Product and BURNS & MCDONNELL ENGINEERING Materials in providing services to
other clients, except that BURNS & MCDONNELL ENGINEERING shall not have the right
to do so to the extent that the BURNS & MCDONNELL ENGINEERING Materials
incorporates CITY OF FAYETTEVILLE Materials identified by CITY OF FAYETTEVILLE
as proprietary and confidential. Notwithstanding the foregoing, upon receipt of full and final
payment, BURNS & MCDONNELL ENGINEERING hereby grants to CITY OF
FAYETTEVILLE a paid -up, perpetual, non-exclusive, non-triisferiblc license to use the
BURNS & MCDONNELL ENGINEERING Materials as incorporated into the Work Product
supplied to CITY OF FAYETTEVILLE, subject to the limitations on use provided in
Paragraph 3.c) and the remaining terms and conditions of this Agreement. BURNS &
MCDONNELL ENGINEERING hereby reserves for itself all rights in and to any BURNS &
MCDONNELL ENGINEERING Materials, including BURNS & MCDONNELL
HMcI) Appendix C Final.doc Appendix C
Page 2 of 7
ENGINEERING Application Software, Documentation, or Work Product not expressly
granted to CITY OF FAYETTEVILLE herein.
c) Third Party Materials. CITY OF FAYETTEVILLE acknowledges and agrees that any Third
Party Materials incorporated into and/or provided as part of the Work Product shall be subject
to the terms and conditions of the license granting BURNS & MCDONNELL
ENGINEERING and/or CITY OF FAYETTEVILLE the right to use the Third Party
Materials. CITY OF FAYETTEVILLE agrees to abide by all such lemurs and conditions,
d) Notices. Unless otherwise agreed to in writing by the Parties, BURNS & MCDONNELL
ENGINEERING shall have the right to place proprietary notices of BURNS &
MCDONNELL ENGINEERING and any third party suppliers on the Work Product. In no
event may CITY OF FAYETTEVILLE remove or alter any proprietary notice from the Work
Product without BURNS & MCDONNELL ENGINEERING's prior written consent.
c) Limitations on Use. CITY OF FAYETTEVILLE shall be entitled to use the Work Product
for its internal business purposes only. CITY OF FAYE=VILLE shall not license,
sublicense, resell, rent, lease or otherwise transfer the Work Product to any third party. CI•IY
OF FAYETTEVILLE may not use, operate, allow access, or allow any third party to use.
access, or operate in any matter, or for any application or at any location the Services and
Work Product not otherwise anticipated. CITY OF FAYETTEVILLE shall not pennit any
modifications, extensions, completion, or alterations to the Services or Work Product by
CITY OF FAYE Ii I VILLE or others, without prior written consent of BURNS &
MCDONNELL ENGINEERING, CITY OF FAYE it EVILLE shall release, defend,
indemnify, and hold BURNS & MCDONNELL ENGINEERING harmless for any such
unauthorized activity.
4. Confidentiality
a) Definition. The term "Confidential Information" shall mean all BURNS & MCDONNELL
ENGINEERING Materials and information, including, but not limited to, drawings, plans,
specifications, algorithms, software, techniques, processes, product designs, inventions,
business plans, financial information, customer lists, and other information or documentation
owned or possessed or used by BURNS & MCDONNELL ENGINEERING prior to the
Agreement, or developed during or as result of or the Agreement. In addition, any Materials,
data, or information that is orally or visually disclosed to BURNS & MCDONNELL
ENGINEERING by CITY OF FAYETTEVILLE that is not designated in writing as
"Confidential" at the time of disclosure, but within thirty (30) days after such disclosure the
CITY OF FAYETTEVILLE delivers to the BURNS & MCDONNELL ENGINEERING a
written notice describing such information as "Confidential" and referencing the place and
date of such disclosure and the names of the employees of the receiving party, shall constitute
Confidential Information. Notwithstanding the foregoing, Confidential Information shall not
include any information that (a) is or becomes public through no act or omission on the part of
the receiving party, (b) is disclosed to a third parr by the disclosing party wilhout restriction
on such third party. (c) is in the receiving party's possession at or prior to the time of
disclosure by the disclosing party, (d) is disclosed to the receiving party by a third party
having no obligation of confidentiality with respect thereto, (e) is independently developed by
the receiving party without reference to the disclosing party's Confidential Information, or (()
is released from confidential treatment by written consent of the disclosing party.
b) Nondisclosure of Confidential Information. BURNS & MCDONNELL ENGINEERING and
CITY OF FAYETTEVILLE acknowledge and agree that each party (and its subcontractor(s),
if any), in performing its obligations under this Agreement, shall have access to or be directly
or indirectly exposed to cacti other's Confidential Information. Each party shall hold
confidential all Confidential Information and shall not disclose or use such Confidential
Information without the express written consent of the other party. Each party shall use
reasonable measures and efforts to provide protection for each other's Confidential
Information, including measures at least as strict as those each party uses to protect its own
Confidential Information. Such measures shall include, without limitation, requiring
employees and independent contractors to sign a nomdisclosurc agreement before obtaining
access to the other party's Confidential Infornation.
l3\IcD Appendix C Final.doc Appendix C
Page 3 of 7
c) Uscr Codes and Passwords. CITY OF FAYETTEVILLE is responsible for maintaining the
confidentiality of any user names and/or passwords (if :my) as assigned to CITY OF
FAYETTEVILLE and/or its end users. Until sole responsibility or system testing, operations,
or security passes to CITY OF FAYETTEVILLE, CITY OF FAYETTEVILLE agrees to
immediately notify BURNS & MCDONNELL ENGINEERING of any loss or theft of a user
code and/or password, or if the confidentiality of a user code and/or password has otherwise
been compromised. BURNS & MCDONNELL ENGINEERING will not be responsible for
any loss or damage arising in an way from unauthorized access to information through a user
code or password.
5. CITY OF FAYETTEVILLE Responsibilities
a) CITY OF FAYETTEVILLE acknowledges and agrees that CITY OF FAYETTEVILLE is
solely responsible for:
1) assuring that the Services provided in APPENDIX A - PART A I.g) Develop and
Maintain Program Web Site, are sufficient to meet the needs of CITY OF
FAYETTEVILLE,
2) timely providing BURNS & MCDONNELL ENGINEERING with all requested
information reasonably required for the performance of the Services by BURNS &
MCDONNELL ENGINEERING under this Agreement;
3) cooperating fully with BURNS & MCDONNELL ENGINEERING in the performance of
the Services by BURNS & MCDONNELL ENGINEERING under this Agreement;
4) providing reasonable access to CITY OF FAYETTEVILLE's premises, as necessary, for
the performance of the Services by BURNS & MCDONNELL ENGINEERING under
this Agreement;
5) designating in writing a person to act as CITY OF FAYETTEVILLE's representative
with respect to the Services provided by BURNS & MCDONNELL ENGINEERING
under this Agreement (such person shall have complete authority to transmit instructions,
receive information, and interpret and define CITY OF FAYETTEVILLE's decisions
with respect to all matters pertinent to the Services provided by BURNS &
MCDONNELL ENGINEERING under this Agreement);
6) giving prompt written notice to BURNS & MCDONNELL ENGINEERING whenever
CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the
Services provided by BURNS & MCDONNELL ENGINEERING under this
Agreement;
7) assuring that BURNS & MCDONNELL ENGINEERING is fully infonued of any
information that is known to CITY OF FAYETTEVILLE that is important or essential to
BURNS & MCDONNELL ENGINEERING's performance of the Services or that would
otherwise impair or impact the BURNS & MCDONNELL ENGINEERING's
performance of the Services, including, but not limited to, any special operating
conditions, user requirements, systems requirements or conditions, and
8) assuring that CITY OF FAYETTEVILLE's use of any Work Product is in compliance
with all applicable laws, statutes, rules and regulations, including, without limitation,
intellectual property, consumer protection, securities regulation, child pornography,
obscenity, data privacy, data transfer, telecommunications, import/export and lottery
laws.
b) Should CITY OF FAYETTEVILLE fail to fulfill any of the responsibilities provided
hereunder, BURNS & MCDONNELL ENGINEERING may, in addition to any other
remedies set forth herein, after giving seven (7) days written notice to CITY OF
FAYETTEVILLE, suspend performance of the Services without liability to CITY OF
FAYETTEVILLE until CITY OF FAYETTEVILLE has fulfilled such responsibilities.
c) It is understood and agreed that the functionality, purpose and anticipated use of the Work
Product and Services are to be determined by CITY OF FAYETTEVILLE. Under this
Agreement. BURNS & MCDONNELL ENGINEERING is agreeing to utilize its technical
skills to develop the Work Product and otherwise provide the Services in conformity with the
functionality, use and purpose prescribed by APPENDIX A - PART A l.g). but is not
undertaking and hereby disclaims any obligation to assure that such functionality, purpose and
anticipated use is in compliance with all laws, statutes, rules and regulations and does not
ll\icD Appendix C Final.doc Appendix C
Page 4 of 7
infringe upon the rights of any third party. CITY OF FAYETTEVILLE is responsible for
assuring that the functionality, purpose and anticipated use of the Work Product and Services
is in compliance with all laws, statutes, rules and regulations and does not infringe upon the
rights of any third party.
6. Fees, Payment, and Tazcp. see Agreement
7. Representations and Warranties, Limitations of Liahility and Indemnification
a) CITY OF FAYETTEVILLE represents and warrants, as applicable, that:
I) it has full authority to enter into this Agreement;
2) the CITY OF FAYETTEVILLE Materials provided by CITY OF FAYETTEVILLE for
use in conjunction with the Services and/or incorporation into the Work Product are
owned or licensed to CITY OF FAYETTEVILLE, and the CITY OF FAYETTEVILLE
is authorized to grant BURNS & MCDONNELL ENGINEERING the right to use the
same under this Agreement;
3) the CITY OF FAYETTEVILLE Materials provided by CITY OF FAYETTEVILLE for
use in conjunction with the Services and/or incorporation into the Work Product do not
and shall not infringe or violate any rights of third parties, including, without limitation,
rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets and/or
other proprietary rights;
4) the CITY OF FAYETTEVILLE will not allow or participate in any unauthorized use,
access, or operations of BURNS & MCDONNELL ENGINEERING provided services
or Work Product, by CITY OF FAYETTEVILLE or any third party.
b) BURNS & MCDONNELL ENGINEERING represents and warrants, as applicable, that:
I) it has full authority to enter into this Agreement;
2) BURNS & MCDONNELL ENGINEERING will exercise reasonable skill, care and
diligence in the performance of the Services under this Agreement and will carry out its
responsibilities in accordance with customarily accepted standards of good professional
practices in effect at the time of performance. Should BURNS & MCDONNELL
ENGINEERING fail to meet this standard, and, CITY OF FAYETTEVILLE notifies
BURNS & MCDONNELL ENGINEERING in writing within thirty (30) days of
completion of the Services and/or delivery of the Work Product, CITY OF
FAYETTEVILLE's sole remedy shall be for BURNS & MCDONNELL
ENGINEERING, at BURNS & MCDONNELL ENGINEERING's option, to either (I)
provide the services necessary to correct those errors or deficiencies at BURNS &
MCDONNELL ENGINEERING's cost, or (2) refund to CITY OF FAYETTEVILLE the
amount paid to BURNS & MCDONNELL ENGINEERING for such services provided
as APPENDIX A - PART A lag) Develop and Maintain Program Web Site. Correction
or refund shall be BURNS & MCDONNELL ENGINEERING's sole obligation and
CITY OF FAYETTEVILLE's sole remedy for any failure of BURNS & MCDONNELL
ENGINEERING to meet the prescribed standard of care.
c) Third Party Materials and Subcontractors. BURNS & MCDONNELL ENGINEERING shall.
for the protection of CITY OF FAYETTEVILLE, request from all licensors of Third Party
Materials and any subcontractors of services, guarantees with respect to such sollwarc and
services which will be made available to CITY OF FAYETTEVILLE to the full extent of the
terns thereof. BURNS & MCDONNELL ENGINEERING's responsibility with respect to
such software or services obtained from such licensors and subcontractors shall be limited to
the assignment of such guarantees and remedies and rendering reasonable assistance to CITY
OF FAYETTEVILLE for the purposes of enforcing the same.
d) No Security Warranty. BURNS & MCDONNELL ENGINEERING shall utilize
commercially reasonable efforts to assure that any security precautions are taken to protect the
Services. Materials, and Work Product. However, CITY OF FAYETTEVILLE acknowledges
that security breaches can occur, even if such security precautions are taken. BURNS &
MCDONNELL ENGINEERING does not guarantee that its security precautions will prevent
loss, alterations, or unauthorized access to the services, Materials, or Work Product.
e) General Disclaimer. THE REPRESENTATIONS AND WARRANTIES SET FORTH IN
PARAGRAPHS 7.a) AND 7.b) ARE LIMITED WARRANTIES AND ARE THE ONLY
HMO) Appendix C Final.doc Appendix C
Page 5 oil
WARRANTIES MADE BY THE RESPECTIVE PARTIES. THE PARTIES EXPRESSLY
DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES
RELATING TO THE SERVICES AND WORK PRODUCT PROVIDED HEREUNDER,
EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, TITLE AND
FITNESS FOR A PARTICULAR PURPOSE.
I) Disclaimer of Third Party Actions. BURNS & MCDONNELL ENGINEERING DOES NOT
AND CANNOT CONTROL THE PERFORMANCE OF ANY PRODUCTS OR SERVICES
PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES. ACTION OR
INACTION BY THIRD PARTIES CAN IMPAIR OR DISRUPT BURNS & MCDONNELL
ENGINEERING'S SERVICES OR WORK PRODUCT. BURNS & MCDONNELL
ENGINEERING MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS
ALL WARRANTIES REGARDING THE PRODUCTS OR SERVICES OF ANY THIRD
PARTY. INCLUDING PROVIDERS OF TELECOMMUNICATIONS, HARDWARE OR
EQUIPMENT PRODUCTS OR SERVICES. SUCH PRODUCTS AND SERVICES ARE
NOT PROMISED TO BE FREE OF ERROR OR INTERRUPTION, AND BURNS &
MCDONNELL ENGINEERING EXPRESSLY DISCLAIMS ALL LIABILITIES ARISING
FROM ANY SUCH ERROR, INTERRUPTION OR OTHER FAILURE.
g) Limitation of Liability. NOTWITHSTANDING THE FOREGOING, IN NO EVENT
SHALL BURNS & MCDONNELL ENGINEERING BE LIABLE TO CITY OF
FAYETTEVILLE OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,
INCREASED PROJECT COSTS, LOSS OF REVENUE, PROFIT OR SAVINGS. LOST
PRODUCTION. FINES OR PENALTIES FROM ALL CAUSES OF ANY KIND.
INCLUDING CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE
LIKELIHOOD OF SUCH DAMAGES OCCURRING.
h) Cumulative Liability. NOTWITHSTANDING THE FOREGOING, BURNS &
MCDONNELL ENGINEERING'S CUMULATIVE LIABILITY TO CITY OF
FAYETTEVILLE RELATING IN ANY MANNER TO THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT OF FEES PAID BY CITY OF FAYETTEVILLE TO BURNS
& MCDONNELL ENGINEERING UNDER THIS AGREEMENT ONLY. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING WITHOUT LIMITATION. BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE. STRICT LIABILITY, MISREPRESENTATIONS,
BREACH OF SECURITY AND OTHER TORTS.
i) Indemnification. CITY OF FAYETTEVILLE agrees to indemnify, defend, and hold harmless
BURNS & MCDONNELL ENGINEERING, its directors, officers, employees, agents,
representatives, successors and assigns (collectively, the "Indemnified Parties") with respect
to any claim, demand, cause of action, judgment, debt or liability (including reasonable
attorneys' fees) brought against any of the Indemnified Parties by a third party, to the extent
that such claim, demand, cause of action, judgment, debt or liability results from or relates to
BURNS & MCDONNELL ENGINEERING's performance of the Services or the use of the
Work Product under this Agreement, unless such claim, demand, cause of action, judgment,
debt or liability is the result of a breach by BURNS & MCDONNELL ENGINEERING of
any of the representations and warranties provided in Paragraph 7.b).
j) Notice. In claiming any indemnification hereunder, BURNS & MCDONNELL
ENGINEERING shall promptly provide CITY OF FAYETTEVILLE with written notice of
any claim which BURNS & MCDONNELL ENGINEERING believes falls within the scope
of Paragraph 7.i) above. CITY OF FAYETTEVILLE shall have sole control of the defense of
any such claim and all negotiations relative to the settlement of any such claim. BURNS &
MCDONNELL ENGINEERING shall cooperate reasonably with CITY OF
FAYETTEVILLE, at CITY OF FAYETTEVILLE's expense, in the defense or settlement of
any such claim.
S. Term, Termination, and Renewal see Agreement
a) Post Termination Obligations. Temtination of this Agreement will not terminate the perpetual
license granted to CITY OF FAYETTEVILLE for use of the Work Product, but such license
BNcD Appendix C Final.doc Appendix C
Page 6 ol'7
shall be limited and restricted in nature as set forth in this Agreement. All provisions of this
Agreement relating to proprietary rights, confidentiality, payment obligations, representations
and warranties, limitation of liability, and indemnification obligations shall survive the
termination of this Agreement.
9. General Provisions
a)
Entire Agreement. These Special Conditions constitutes the entire Agreement between the
Parties with respect to the Services provided hereunder APPENDIX A - PART A l.g)
Develop and Maintain Program Web Site and there are no representations, understandings or
agreements which are not fully expressed in this Agreement. Notwithstanding the foregoing,
it is understood that the Parties may enter into separate agreement(s) relating to other services.
b)
Amendments. No amendment, change, waiver, or discharge hereof shall be valid unless in
writing and signed by the party against which such amendment, change, waiver, or discharge
is sought to be enforced.
c)
Severability. If any provision of this Agreement is determined to be invalid under any
applicable law, statute, rule or regulation, it is to that extent to be deemed omitted, and the
balance of the Agreement shall remain enforceable.
d)
Headings. The section and paragraph headings used herein are for reference and convenience
only and shall not enter into the interpretation hereof
c)
Independent Contractors. BURNS & MCDONNELL ENGINEERING and its personnel, in
performance of this Agreement, are acting as independent contractors and not employees of
agents of CITY OF FAYEf-iEVILLE.
f)
Subcontractors. BURNS & MCDONNELL ENGINEERING may, in addition to its own
employees, engage subcontractors to perform all or part of the Services under this Agreement.
The engagement of such subcontractors by BURNS & MCDONNELL ENGINEERING shall
not relieve BURNS & MCDONNELL ENGINEERING of its obligations under this
Agreement. Each subcontractor shall agree in writing to abide by the confidentiality
provisions of Section 4 of this Agreement.
g)
Proprietary Rights. Notwithstanding anything in this Agreement to the contrary, BURNS &
MCDONNELL ENGINEERING shall be free to use for any purpose any information in
intangible form that may be retained by persons performing the Services under this
Agreement, including, but not limited to, ideas, processes, concepts, know-how and
techniques, as well as any information and materials that are in the public domain.
h)
CITY OF FAYETTEVILLE Identification. BURNS & MCDONNELL ENGINEERING may
use the name and identity of CITY OF FAYEITEVILLE as a BURNS & MCDONNELL
ENGINEERING client, in advertising, publicity, or similar materials distributed or displayed
to prospective clients.
i)
Force Majeure. Except for the payment of fees by CITY OF FAYETTEVILLE, if the
performance of any pan of this Agreement by either party is prevented, hindered, delayed or
otherwise made impracticable by reason of any technical difficulties or mechanical failures of
computer equipment (provided that such party has taken reasonable steps to avoid such
difficulties or failures), interruption or failure of telecommunications links. Internet slow-
downs or failures, flood, riot, fire, judicial or governmental action, labor disputes, act of God ,
war, acts of terrorism, or any other causes beyond the control of either party, then that party
shall be excused front such performance to the extent that it is prevented, hindered or delayed
by such causes.
j)
Choice of Law. see Agreement
k)
Disputes. see Agreement
I)
Assignment. see Agreement
in)
Waiver. The waiver or failure of either party to exercise any right in any respect provided for
herein shall not be deemed a waiver of any further right hereunder.
END OF DOCUMENT
HMd) Appendix C Final.doc Appendix C
Page? o17
r •
NAME OF FILE: Resolution No. 109-03 w/Agreement
CROSS REFERENCE:
Item # Date Document
1 06/03/03 Staff Review Form w/attachments
memo to City Council
draft resolution
2 07/30/03 memo to Greg Boettcher
NOTES:
X AGENDA REQUEST •
CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM aCGJ
For the Fayetteville City Council Meeting of:
FROM:
Greg Boettcher Water/Wastewater
Name Division Department
cT�-IS, giv-ns %�1�honn�ll
June -t0, 2003
Water/Wastewater
ACTION REQUIRED: Approve a contract With Burns and McDonnell of Kansas City, MO for design and bidding
phase program management services including value engineering services for the Wastewater System
Improvements Project, said contract providing for a hourly rate means of compensation with a contract amount
of $2,685,366.00
COST TO CITY:
S2,685,366.00 $ 48,202,040.00 Water/Wastewater
Cost of this request
4480.9480.5315.00
Account Number
02133-1
$
13,046.00
Funds Used to Date
$ 48,188,994.00
Program Category / Project Name
Wastewater Sys -em Improvements
Program / Project Category Name
Sales Tax -Wastewater
Project Number Remaining Balance Fund Name
BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached
D
Budget Manager ate
CONTRACT/GRANT/LEASE
PREVIEW: c�A(o& lcwAccounting Manager Date Internal titor Date
/1/63 Q C I6(Oa
y Attor ey Date P:rchasing Manager Date
STAFF RECOMMENDATION
Cross Reference Rec'd in a or's
Division Head Date Office S ��
New Item: Yes No
G_zo.3
Depa ment Director Date Previous Ord/Resif:
Orig. Contract Date
Financ d Internal Services Dir. Date
I -o3
Orig. Contract Number
Date
Date
Description
• Staff Review Form - Pace 2
•
Meeting Date
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
9& �LMJflLc.fO
Grants Coordinator
Reference Corrnents:
FA YETTEVILLE
THE CITY OF FAYE7Th VIL F„ ARKANSAS
WATER AND WASTEWATER DIVISION
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Council
FROM: Greg Boettcher, P.E. �jj}tya/
Water & Wastewater Director
THRU: Dan Coody, Mayor of Fayetteville
Hugh Earnest, Chief Administrative Officer
DATE: July 10, 2003
RE: WASTEWATER SYSTEM IMPROVEMENT PROJECT
Bums & McDonnell
Program Management and Value Engineering
Design/Bidding Phase Service Contract
BACKGROUND
The citizens of Fayetteville have approved a S125 million sales tax bond issue to address
the capital costs for a critically -needed wastewater system improvement project. The
passage of this V. -cent sales tax enabled low-cost, accelerated financing for said project,
scaling back customer rate impact from 134% to 38%. Since passage of the sales tax in
late 2001, the City Administration, consultants and regulators have completed a number
of funding, environmental, procedural and program functions; finalizing the preliminary
design phase of the wastewater system improvement project. Activities that have been
completed during such time period include:
■ Secure technical approvals of engineering concepts
• Complete Cultural Resource Surveys as required by Arkansas' State Historic
Preservation Officer
• Solidify financing arrangements using a combination of SRF and private funding
• Develop an integrated program for this large capital improvement project,
including:
✓ selection of program manager
✓ development of standard project bidding materials
✓ creation of an integrated construction program bringing together the multiple
consultants, projects and needs
✓ acceleration of project construction by incorporating a prioritized, segmented
approach that anticipates 13 bidding packages
Development of a standard professional services agreement
Capitalization on cost -saving opportunities that have substantial financial benefits
✓ Broyles Road Analysis
✓ Outfall Line Assessment
✓ Future benefits of team design, peer reviews, operations involvement,
constructability critiques, program management and value engineering
Negotiation of professional service agreements with the engineering/program
management consultants that have explicit scopes of work, exacting performance
schedules, and defined compensation.
DISCUSSION
The Fayetteville City Council, at a special meeting on July 8, 2003 placed the negotiated
professional service agreements on the City Council Agenda. The attached contract with
Bums & McDonnell, relates to program management and value engineering services for
the design/bidding phase of this wastewater improvement program, the specifics of this
contract being summarized as follows:
CORE ELEMENTS -(1) Coordination, collaboration and management of
multiple project activities, (2) provision of value engineering services for project,
(3) tracking of costs, progress and reporting variances, (4) provide organizational
support including constructability reviews, technical assistance, professional
opinions and administrative support, (5) integrate uniformity, consistency, value
and accountability into the program using teamwork and communication, and (6)
provide regular reports and forecasts on relevant project elements.
COMPENSATION- $2,685,366.00
The design and bidding phase services set forth in the proposed agreement are associated
with the Fayetteville Vision 2020 Guiding Principles listed below:
I. Naturally Beautiful City: Our Mountains and Hills, Our Creeks, Our Open
Grcenspaces
2. Well maintained City Infrastructure and Facilities
The completion of the west side wastewater treatment plant and associated improvements
are necessary for the targeted benefits of the wastewater system improvement program to
be realized; therefore, the contract approval is integral to the maintenance of
infrastructure and facilities.
RECOMMENDATIONS
To provide the proper and responsible management of the Fayetteville Wastewater
System, the City Administration recommends that the Fayetteville City Council approve
a contract with Bums & McDonnell for $2,685,366.00 to provide program management
and value engineering services for the design/bidding phase of $98.4 million of project
construction. This activity was reviewed and approved by the Fayetteville Water and
Sewer Committee on June 5, 2003.
I
RESOLUTION NO.
A RESOLUTION TO APPROVE AN HOURLY RATE ENGINEERING
CONTRACT WITH BURNS AND MCDONNELL ENGINEERING
COMPANY, INC. IN THE NOT TO EXCEED AMOUNT OF
$2,685,366.00 FOR ENGINEERING SERVICES RELATED TO DESIGN
AND BIDDING PHASE PROGRAM MANAGEMENT SERVICES
INCLUDING VALUE ENGINEERING FOR THE WASTEWATER
SYSTEM IMPROVEMENT PROJECT
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 an hourly rate contract in the not to exceed amount of Two Million Six Hundred
Eighty-five Thousand Three Hundred Sixty -Six Dollars ($2,685,366.00) attached as
Exhibit A. This hourly rate contract engages Burns and McDonnell Engineering
Company, Inc. to provide engineering services to include: recommendations for
construction packaging and sequence of bidding and construction for this project, period
review of designs for the project, bidding documents for the four other engineering firms,
conducting six value engineering workshops, monitoring compliance of other engineering
firms with contract terms, establishing minimum design standards, preparing standard
contracts and specifications for other engineering firms, liaison with Arkansas Soil and
Water Conservation Commission and assisting engineer firms with design phase and
bidding, and design and maintenance of web page for this project.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire Bums and
McDonnell Engineering Company, Inc. for this project.
PASSED and APPROVED this the 151° day of July, 2003.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
Contract Information
was included in the
Design Contracts Manual
Dated June 10, 2003.
Copies are available in the
City Clerk's Office
FAYETTEV&LE
THE CITY OF FATETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Greg Boettcher
Water & Wastewater
From: Clarice Buffalohead-Pearman 0
City Clerk's Division
Date: 7/30/2003
Re: Resolution Nos. 101-03, 108-03 thru 112-03
Attached are copies of the above resolutions passed July 15, 2003, by the City Council for the
wastewater treatment plants Also attached are executed agreements signed by the mayor and
city clerk as follows:
1. Res. No. 101-03: two original copies of the agreement with CH2M Hill, Inc.
2. Res. No. 108-03: two original copies of the agreement with Black & Veatch Corporation.
3. Res. No. 109-03: one original copy of the agreement with Bums & McDonnell
Engineering Company, Inc.
4. Res, No. 110-03: two original copies of the agreement with Garver Engineers, LLC.
5. Res. No. 111-03: two original copies of the agreement with McGoodwin, Williams and
Yates, Inc.. Appendix A-1 has a form for LSD uncompleted. Appendix A-1, page 14 and
page 15 have forms that need to be completed and signed by the landscape
administrator. I assume that the city is not to this phase as of yet. Please return a copy
of these pages to the city clerk's office for filing when this process is completed. Thank
you in advance for your cooperation.
6. Res. No. 112-03: two copies of the agreement with RJN Group, Inc.
These resolutions along with the Exhibit As will be recorded in the city clerk's office and
microfilmed. If anything else is needed please let the city clerk's office know.
/cbp
Attachment(s)
cc: Nancy Smith, Internal Auditor