HomeMy WebLinkAbout111-03 RESOLUTION• •
RESOLUTION NO, 111-03
A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT
WITH MCGOODWIN, WILLIAMS AND YATES, INC IN THE
NOT TO EXCEED AMOUNT OF $4,318,812.00 FOR ENGINEERING
SERVICES RELATED TO THE NEW WEST WASTEWATER
TREATMENT PLANT, WETLANDS MITIGATION AND BROYLES
ROAD IMPROVEMENTS
BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a lump sum contract in the not to exceed amount of Four
Million Three Hundred Eighteen Thousand Eight Hundred Twelve Dollars
($4,318,812.00) attached as Exhibit A. This lump sum contract engages
McGoodwin, Williams and Yates, Inc. to provide engineering services to include
design and bid phase services for the West Side Wastewater Treatment facilities.
McGoodwin, Williams and Yates, Inc. will also provide contract drawings,
documents and specifications and design site surveys for: the West Side
Wastewater Treatment facilities, Wetland Mitigation Area, Effluent Line, Broyles
Road relocation (as more particularly described in the contract).
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire
McGoodwin, Williams and Yates, Inc. for this project.
•PASSED and APPROVED this the 15th day of July, 2003.
ATTEST.
By:
Sondra Smith, City Clerk
APPROVED:
By
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
McGOODWIN, WILLIAMS AND YATES, INC.
THIS AGREEMENT is made as of
�s , 20 Q3, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
McGoodwin, Williams and Yates, Inc. with offices located in Fayetteville, Arkansas (hereinafter called
MWY).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the planning, design, permitting, construction, operation, maintenance, management, and financing
of the Fayetteville Wastewater System Improvement Project and in particular the new West Side
Wastewater Treatment Plant, Effluent Line, Broyles Road Improvements, and Wetlands Mitigation (The
"Project"). Therefore, CITY OF FAYETTEVILLE and MWY in consideration of their mutual covenants
agree as follows:
MWY shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of MWY's services. All services shall be performed under the
direction of a professional engineer registered in the State of Arkansas and qualified in the particular
field. If Construction Phase Services arc to be provided by MWY 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 §22-9-101.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of MWY.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of MWY.
1.3 Changes, modifications or amendments in scope, price or fees to this contract
shall not be allowed without a formal contract amendment approved by the
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Mayor and the City Council in advance of the change in scope, costs, fees, or
delivery schedule.
SECTION 2 - BASIC SERVICES OF MWY
2.1 General
2.1.1 Perform professional design services in connection with the Project as hereinafter stated,
which shall include normal civil, structural, mechanical, and electrical engineering services
and normal architectural design services incidental thereto.
21.1.1 The Scopc of Services to be furnished by MWY during the Final Design Phase is
included in Section 2.2 hereafter and in Appendices A-1, A-2, and A-3 attached hereto
and madc part of this Agreement.
2.1.1.2 The Scope of Services to be furnished by MWY during the Bidding Phase is included in
Section 2.3 hereafter and in Appendices A-1, A-2, and A-3 attached hereto and made part
of this Agreement.
2.1.1.3 The Scope of Services to be furnished by MWY during the Construction Phase, if any,
will be finalized and contained in an amendment to this Agreement after Final Design is
completed.
2.1.1.4 The Scope of Services to be furnished by MWY during the Post -Construction Phase, if
any, will be finalized and contained in an amendment to this Agreement after Final
Design is completed.
2.1.1.5 The preliminary Scope of Services to be furnished by MWY for Resident Services
During Construction, if any, will be finalized and contained in an amendment to this
Agreement after Final Design is completed.
2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting
engineering services, as the "Program Manager" for the Wastewater System Improvement
Project. The professional design services to which this Agreement applies are a part of the
Wastewater System Improvement Project. MWY shall coordinate their activities and
services primarily with Program Manager and all other parties that CITY OF
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FAYETTEVILLE may contract with for program management or professional design
services as a part of the Wastewater System Improvement Project. MWY and CITY OF
FAYETTEVILLE agree that MWY has full responsibility for the engineering design.
2.2 Final Design Phase
2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character
and scope of the Work to be performed by contractors on the Project (hereinafter called the
"Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement
and Bond forms, General Conditions, and Specifications (all of which, together with the
Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by
CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist
CITY OF FAYETTEVILLE in the preparation of other related documents.
2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master
Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard
general conditions and forms. Bid documents shall include required forms for State
Revolving Loan Fund funding. Text documents shall be provided to CITY OF
FAYETTEVILLE in Microsoft® Word version 97, SR -2 software. Contract drawings
shall be prepared using standard borders, sheet sizes, title blocks and CADD standards
provided by CITY OF FAYETTEVILLE. MWY may use their normal software for the
preparation of drawings but the final product shall be provided to CITY OF
FAYETTEVILLE in Autodesk AutoCAD version 2000.
2.2.1.2 Develop and include in Appendices A-1, A-2, and A-3 of this Agreement for approval by
CITY OF FAYETTEVILLE, a project design schedule in which MWY shall include, in
an acceptable level of detail, the steps and milestone dates to be undertaken by MWY in
the completion of this final design. This Schedule shall include reasonable allowances
for review and approval times required by CITY OF FAYETTEVILLE, performance of
services by CITY OF FAYETTEVILLE's consultants, and review and approval timcs
required by public authorities having jurisdiction over the Project. This schedule shall be
equitably adjusted as the Project progresses, allowing for changes in scope, character or
size of the Project requested by CITY OF FAYETTEVILLE, or for delays or other
causes beyond MWY's reasonable control. Nonconformance with this schedule by
MWY and its subconsultants may result in the assessment of damages payable by MWY
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to the CITY OF FAYETTEVILLE for costs and damages incurred. The maximum cost
liability of MWY shall be limited to the total gross amount payable to or through the
Consultant authorized under this agreement, including amendments thereto.
2.2.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the
duration of each sub -project and the discrete milestone activities which make up the
sub -projects, but at a minimum shall include contract drawings, contract
specifications, and design reviews as indicated in Section 2.2.10. Separate line items
and durations may be shown for costs that apply to the Project as a whole, including,
but not limited to, Project Management and Administration, Insurance, Value
Engineering, surveys, subcontracted work, and property acquisition and easement
documents. MWY shall assign to each schedule activity of the progress design
schedule a corresponding cost value that shall include a monthly allocation for labor,
expenses, overhead, and profit. The sum of all cost values assigned shall equal the
Lump Sum Amount shown in Section 6.1.1. of this Agreement.
2.2.1.3 When requested by the CITY OF FAYETTEVILLE's Water and Wastewater Director,
prepare for and attend up to four City Council meetings to provide periodic updates on
the progress of the final design.
2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a
base bid, there shall be no more than three (3) alternates, and the altemates shall be
developed and described in accordance with Title 22, Article 9-203 of the Arkansas
Code.
2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work
into stand alone multiple construction or procurement packages which may yield
immediate operating benefits to the CITY OF FAYETTEVILLE and give these first
priority for completion. The separate design or procurement packages to be completed
by MWY are listed below.
2.2.1.5.1 1. Broyles Road construction from the south property line in the city property north
to the intersection of Persimmon Strcet.
2.2.1.5.2 2. West Side Wastewater Treatment Plant Effluent Line.
2.2.1.5.3 3. West Side Wastewater Treatment Plant.
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2.2.1.5.4 4. Wetlands Mitigation on the West Side WWTP Property.
2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for
filing applications for permits from or approvals of the following applicable governmental
authorities having jurisdiction to review or approve the final design of the Project and assist
in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil
and Water Conservation Commission, including the written approvals from the Arkansas
Department of Health and the Arkansas Division of Environmental Quality. Actual Filing
and Pcrmit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF
FAYETTEVILLE in consultations with appropriate authorities.
2.2.2.1 Arkansas Soil and Water Conservation Commission (ASWCC)
2.2.2.2 Arkansas Department of Health (AHD)
2.2.2.3 Arkansas Department of Environmental Quality (ADEQ)
2.2.2.4 U.S. Army Corps of Engineers (COE)
2.2.2.5 Fayetteville Planning Commission
2.2.2.6 Washington County Quorum Court
2.2.2.7 City of Greenland
2.2.2.8 City of Farmington
2.2.2.9 Arkansas State Highway and Transportation Department
2.2.2.10 Railroad Authorities
2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost
opinion for the Project caused by changes in scope, design requirements, or construction costs
and furnish a revised cost opinion for the Project based on the final Bid Documents.
2.2.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including,
but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year
performance evaluation.
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2.2.5 Fumish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents.
2.2.6 Determine land and casement requirements and provide consultation and assistance on
property procurement as related to professional engineering services being performed.
2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core
borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and
inspections of samples, materials and equipment obtained through subcontract services for
authorized Project services including property, boundary, easement, right-of-way,
topographic, and utility surveys; noting zoning and deed restrictions.
2.2.7.1 Fully disclose all subcontract agreements including the name and address of the
subconsultant, the scope of services to be provided and the value of the subcontract
agreement.
2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services
the applicable milestone dates from the Submittal Schedule contained in the
Memorandum of Agreement, as amended, between ASWCC and the CITY OF
FAYETTEVILLE and require all MWY subconsultants to be bound by the Submittal
Schedule. MWY will provide a preliminary and final project performance work plan for
submission to ASWCC.
2.2.8 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager
and confirm status of compliance with final design schedule.
2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager
and MWY such schedules, reports, opinions of probable costs, renderings, project summaries,
and other data as may be required, for posting by others on a project web site to allow the
public to monitor and review the activities, materials, and financial status of the project.
Refresh the data supplied to the Program Manager no more frequently than monthly.
2.2.10 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF
FAYETTEVILLE shall designate, at the applicable completion levels outlined below.
2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent.
2 2 10 2 East Side Collection System Improvements — 30 percent and 90 percent.
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2.2.10.3 West Side WWTP:
• Broyles Road Improvements — 30 percent and 90 percent.
• Plant Effluent Line — 30 percent and 90 percent.
• Wcst Sidc Wastewater Treatment Plant — 30 percent, 60 percent, and 90 percent.
• Wetlands Mitigation — 30 percent and 90 percent.
2.2.10.4 Paul Noland Facility:
• Wet Weather Package — 30 percent and 90 percent.
• Headworks Package — 30 percent, 60 percent, and 90 percent.
• Solids Handling Package — 30 percent, 60 percent, and 90 percent.
2.2.11 See Appendices A-1, A-2, and A-3 for additional services or clarification of services to be
provided by MWY.
2.3 Bidding Phase
2.3.1 MWY will follow Arkansas Soil and Water Conservation Commission statutory bidding
protocol for State Revolving Loan Fund.
2.3.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to
contractors of record. Notices shall comply with requirements of CITY OF
FAYETFEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and
Water Conservation Commission, Construction Assistance Division, and the Arkansas
Development Finance Authority (ADFA). The legal notice to be placed in legal notices
section of a local newspaper(s) of countywide and statewide circulation and shall be
coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of
publication secured.
2.3.3 Prepare addenda for drawings and Bid Documcnts as required and submit to Program
Manager in timely manner such that addenda can be issued by MWY in accordance with
Construction Contract General Conditions. All bidding protocols shall conform to ASWCC
statutory requirements with all addenda being approved by ASWCC prior to issuance.
2.3.4 Securc updated state and federal wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
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2.3.5 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and
communications during bidding and maintain list of plan holders. Print and distribute copies
of plans and specifications for all prospective bidders and plan rooms. Collect from
prospective bidders an appropriate non-refundable fee to offset cost of reproducing and
distributing Bidding Documents.
2.3.5.1 MWY shall attend a Pre -Bid Conference organized, convened, and conducted by the
Program Manager to explain the project requirements and receive questions from
prospective bidders. MWY shall consider the questions received and issue necessary
clarifications and changes to the Bid Documents through the use of addenda. Make
logistical arrangements for and conduct a site tour of the project area.
2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts. MWY shall prepare and submit bid certification documents to
ASWCC for review.
2.3.7 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors
and other persons and organizations proposed by the prime construction contractor(s),
hereinafter called "Contractor(s)," for those portions of the work as to which such
acceptability is required by the Bid Documents.
2.3.8 Make recommendations regarding award of construction contracts.
2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to
rccommend action by the respective bodies. Prepare and present a recommcndation complete
with such supporting information as necessary for the bodies to make an informed decision
on the action recommended.
2.3.10 Develop and include in Appendices A-1, A-2, and A-3 of this Agreement, a bidding services
schedule in which MWY shall include, in an acceptable level of detail, the steps and
milestone dates to be undertaken by MWY in the completion of the bidding services. The
bidding services schedule shall consist of a bar chart schedule depicting the duration of the
bidding period of each sub -project and the discrete milestone activities which make up the
sub -projects. Separate line items and durations may be shown for costs that apply to the
Project as a whole, including, but not limited to, Project Management and Administration,
and Insurance. MWY shall assign to each schedule activity of the bidding services schedule
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a corresponding cost value which shall include a monthly allocation for labor, expenses,
overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount
shown in Section 6.1.2. of this Agreement.
2.3.11 Scc Appendices A-1, A-2, and A-3 for additional services or clarification of services to be
provided by MWY.
2.4 Construction Phase
2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
Design Phase Services.
2.5 Post -Construction Phase
2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following
completion of Design Phase Services.
2.6 Resident Services During Construction
2.6.1 The scope of Resident Services During Construction, if any, will be negotiated following
completion of Design Phase Services.
SECTION 3 - ADDITIONAL SERVICES OF MWY
3.1
General
If authorized in writing by the CITY OF FAYEFIEVILLE Mayor and the City Council and agreed to in
writing by MWY, MWY shall furnish or obtain from others Additional Services of the following types
that arc not considered normal or customary Basic Services. The scope of Additional Services 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.
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3.1.3 Administrative Assistance
Provide Contract and Project administraiion to the degree authorized by CITY OF FAYETTEVILLE
3.1.4 Furnishing renderings or models of the Project for CITY OF FAYE11EVILLE's use.
3.1.5 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and
the preparation of rate schedules, camings, 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.
3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or
other proceeding involving the Project.
3.1.7 Extra Services
3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF
FAYETTEVILLE.
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 MWY's control, MWY shall notify CITY OF FAYETTEVILLE
and request a formal contract 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 MWY. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such
Contingent Additional Services are not required, MWY shall have no obligation to provide
those services.
3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's program or Project Budget.
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3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of MWY:
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
4.2 Assist MWY by placing at MWY's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
4.3 Guarantee access to and make all provisions for MWY to enter upon public and private
property as required for MWY to perform his services undcr this Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, Rid Documents, Drawings, proposals,
and other documents presented by MWY 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 Project.
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 Project, and other matters pertinent to the services covered by
this Agreement.
4.7 Give prompt written notice to MWY whenever CITY OF FAYETTEVILLE observes or
otherwise becomes aware of any defect in the Project.
4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project. Pay directly to the governmental authorities the actual filing and permit fees.
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4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements of the Wastewater System Improvement Project.
4.10 Furnish, or direct MWY to provide, necessary Additional Services as stipulated in Section 3
of this Agreement or other services as required.
4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and
General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such
documents for MWY's use in coordinating the Contract Drawings and Specifications.
4.12 CITY OF FAYE"ITEVILLE and/or its representative will review all documents and provide
written comments to MWY in a timely manner.
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 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. MWY will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services are to be completed.
SECTION 6 - PAYMENTS TO MWY
6.1 Compensation
6.1.1 A. Final Design Phase Services — Broyles Road
For the Scope of Services during the Final Design Phase described herein for Broyles
Road, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Two
Hundred Five Thousand Nine Hundred Seventy -Nine United States Dollars (US
S205,979).
B. Final Design Phase Services — West Side Wastewater Treatment Plant
For the Scope of Services during the Final Design Phase described herein for the West
Side Wastewater Treatment Plant, CITY OF FAYETTEVILLE shall pay MWY the lump
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sum amount of Three Million Six Hundred Nincty-Seven Thousand Ninety -Five United
States Dollars (US $3,697,095).
C. Final Design Phase Services — West Side Wastewater Treatment Plant Effluent Line
For the Scope of Services during the Final Design Phase described herein for the Effluent
Line, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Two
Hundred Eleven Thousand One Hundred Sixty -Nine United States Dollars (US
$211,169).
D. Final Design Phase Services — Wetlands Mitigation
For the Scope of Services during the Final Design Phase described herein for the
Wetlands Mitigation, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount
of Sixty -One Thousand Nine Hundred Five United States Dollars (US $61,905).
6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made
should MWY establish and CITY OF FAYETTEVILLE agree that there has been or is to
be a significant change in scope, complexity or character of the services to be performed;
or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time
period specified in the Agreement for completion of work and such modification warrants
such adjustment. Changes, modifications or amendments in scope, price or fees to this
Contract shall not be allowed without formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, cost, fees, or delivery
schedule.
6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
Design services consistent with MWY's normal billing schedule. Once established, the
billing schedule shall be maintained throughout the duration of the Project. Applications
for payment shall be made in accordancc with a format to be developed by MWY and
approved by CITY OF FAYETTEVILLE. Applications for payment shall be
accompanied each month by the updated project design schedule as the basis for
determining the value eamed as the work is accomplished. Final payment for Design
services shall be madc upon CITY OF FAYETTEVILLE's approval and acceptance with
the satisfactory completion of the Design phase for the Project.
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6.1.2 Bidding Phase Services
A. Bidding Phase Services — Broyles Road
For the Scope of Services during the Bidding Phase described herein, CITY OF
FAYETTEVILLE shall pay MWY the lump sum amount of Ninc Thousand Seven
Hundred Fifty -One United States Dollars (US $9,751), payable in two equal installments.
The first payment shall be due upon rcccipt of bids. The second payment shall be made
upon submittal of bid certification documents to ASWCC RLF Division.
13. Bidding Phase Services — West Side Wastcwater Treatment Plant
For the Scope of Services during the Bidding Phase described herein, CITY OF
FAYETTEVILLE shall pay MWY the lump sum amount of One Hundred Six Thousand
Seventy United States Dollars (US S106,070), payable in two equal installments. The
first payment shall be due upon reccipt of bids. The second payment shall be made upon
submittal of bid certification documents to ASWCC RLF Division.
C. Bidding Phase Services — West Side Wastewater Treatment Plant Effluent Line
For the Scope of Services during the Bidding Phase described herein, CITY OF
FAYETTEVILLE shall pay MWY the lump sum amount of Twenty Thousand Three
Hundred Ten United States Dollars (US S20,310), payable in two equal installments. The
first payment shall be due upon receipt of bids. The second payment shall be made upon
submittal of bid certification documents to ASWCC RLF Division.
D. Bidding Phase Services— Wetlands Mitigation
For the Scope of Services during the Bidding Phase described herein, CITY OF
FAYETTEVILLE shall pay MWY the lump sum amount of Six Thousand Five Hundred
Thirty -Three United States Dollars (US $6,533), payable in two equal installments. The
first payment shall be due upon receipt of bids. The second payment shall be made upon
submittal of bid certification documents to ASWCC RLF Division.
6.1.2.1 Subject to prior City Council approval, adjustment of the lump sum amount may be made
should MWY establish and CITY OF FAYETTEVILLE agree that there has been or is to
be a significant change in scope, complexity or character of the services to be performed;
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or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time
period specified in the Agreement for completion of work and such modification warrants
such adjustment.
6.1.2.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such panics as CITY OF FAYETTEVILLE may designate for
Bidding Phase services consistent with MWY's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be madc in accordance with a format to be
developed by MWY and approved by CITY OF FAYETTEVILLE. Applications for
payment shall be accompanied each month by the updated bidding services schedule as
the basis for determining thc value earned as the work is accomplished. Final payment
for Bidding Phase services shall be made upon CITY OF FAYETTEVILLE's approval
and acceptance with the satisfactory completion of thc Bidding Phase for the Project.
6.1.3 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.
6.1.4 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.
6.1.5 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.
6.1.6 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services", compensation to
MWY shall be negotiated at the time Additional services are authorized.
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6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted in electronic format
simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original
document to CITY OF FAYETTEVILLE. Statements will be based on MWY's estimated percent of
services completed at the end of the preceding month, and justified by the updated progress schedule.
Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his
recommendations.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of MWY'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 MWY 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 work performed under this Agreement, as a condition before final
payment under this Agreement, or as a termination settlement under this Agreement, MWY 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 MWY to
be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly
agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon
termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against MWY 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, MWY will maintain (in United States
Dollars) the following minimum insurance coverages:
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Type of Coverage Limits of Liability
Workers' Compensation Statutory
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
MWY 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 Construction Contractors shall be required to provide Owner's Protective Liability Insurance
naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL and
MWY as additional insureds, or, to endorse CITY OF FAYETTEVILLE, BURNS &
McDONNELL and MWY as additional insureds on construction Contractor's liability
insurance policies covering claims for personal injuries and property damage. Construction
Contractors shall be required to provide certificates evidencing such insurance to CITY OF
FAYETTEVILLE, BURNS & McDONNELL and MWY. All contract insurance carriers
shall be required to list CITY OF FAYETTEVILLE, Arkansas Soil and Water Conservation
Commission, BURNS & McDONNELL, and MWY as certificate holders, furnishing copies
of the contractor's insurance certificate to each party
7.1.3 CITY OF FAYETTEVILLE, BURNS & McDONNELL and MWY 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 MWY's services. If the services result in a
Construction Phase, a provision similar to this shall be incorporated into all Construction
Contracts entered into by CITY OF FAYETTEVILLE, and all construction Contractors shall
be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE,
BURNS & McDONNELL and MWY for damage or liability covered by any construction
Contractor's policy of insurance.
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7.2 Professional Responsibility
7.2.1 MWY will exercise reasonable skill, care, and diligence in the performance of MWY's
services and will carry out its responsibilities in accordance with customarily accepted
professional engineering practices. CITY OF FAYETTEVILLE will promptly report to
MWY any defects or suspected defects in MWY's services of which CITY OF
FAYETTEVILLE becomes aware, so that MWY can take measures to minimize the
consequences of such a defect. CITY OF FAYETTEVILLE and MWY further agree to
impose a similar notification requirement on all construction contractors in the Bid
Documents and shall require all subcontracts at any level to contain a like requirement.
CITY OF FAYETTEVILLE rctains all remedies to recover for its damages caused by any
negligence of MWY.
7.2.2 In addition MWY will be responsible to CITY OF FAYETTEVILLE for damages caused by
its negligent conduct during its activities at the Project Site to the extcnt covered by MWY's
Commercial General Liability and Automobile Liability Insurance policies as specified in
Paragraph 7.1.1.
7.3 Cost Opinions and Projections
Cost opinions and projections prepared by MWY relating to construction costs and schedules, operation
and maintenance costs, equipment characteristics and performance, and operating results are based on
MWY's experience, qualifications, and judgment as a design professional. Since MWY 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, MWY does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections prepared by
MWY.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to makc changes within the general scope of MWY'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
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