HomeMy WebLinkAbout151-04 RESOLUTIONRESOLUTION NO. 151- 0 4
A RESOLUTION TO APPROVE AN ENGINEERING`
CONTRACT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. FOR THE DESIGN AND BIDDING
PHASE SERVICE FOR THE MOUNT SEQUOYAH
PRESSURE PLANE IMPROVEMENTS PROJECT IN
A NOT TO EXCEED AMOUNT OF $142,310.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the contract with McClelland Consulting Engineers, Inc. attached as Exhibit A
for preliminary study, public communications, surveys, design and bidding phase service
to the Mount Sequoyah Pressure Plane Improvement Project on a per hour basis for a not
to exceed the amount of $142,310.00.
PASSED and APPROVED this 5th day of October, 2004.
ATTEST:
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SO DRA SMITH, City Clerk
APPROVED:
DAN COODY, Mayor
• AGREEMENT •
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYE11'EVITJ F, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
FAYEI EVII IF, ARKANSAS
THIS AGREEMENT is made as ofa/4Of?tr 5 2004, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
McClelland Consulting Engineers, Inc. with offices located in Fayetteville, Arkansas (hereinafter called
McClelland).
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 Mount Sequoyah Pressure Plane Improvements Project and in particular, development
and implementation of a public communications program, preparation of a preliminary engineering
report, and engineering design of a water booster station and a 500,000 gallon elevated water tank, (The
"Project"). Therefore, CITY OF FAYEI 1hVILLE and McClelland in consideration of their mutual
covenants agree as follows:
McClelland 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 McClelland'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 are to be provided by McClelland 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 McClelland.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of McClelland.
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1.3 Changes, modifications or amendments in scope, pnce or fees to this contract
shall not be allowed without a formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, costs, fees, or
delivery schedule.
SECTION 2 - BASIC SERVICES OF MCCLELLAND
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.
2.1.1.1 The Scope of Services to be furnished by McClelland during the Public Communications
and Relations Phase is included in Section 2.2 hereafter and in Attachment A attached
hereto and made part of this Agreement.
2.1.1.2 The Scope of Services to be furnished by McClelland during the Preliminary Engineering
Report Phase is included in Section 2.3 hereafter and in Attachment A attached hereto
and made part of this Agreement.
2.1.1.3 The Scope of Services to be furnished by McClelland during the Preliminary Design
Phase is included in Section 2.4 hereafter and in Attachment A attached hereto and made
part of this Agreement.
2.1.1.4 The Scope of Services to be furnished by McClelland during the Final Design Phase is
included in Section 2.5 hereafter and in Attachment A attached hereto and made part of
this Agreement.
2.1.1.5 The Scope of Services to be furnished by McClelland during the Bidding Phase is
included in Section 2.6 hereafter and in Attachment A attached hereto and made part of
this Agreement.
2.1.1.6 The Scope of Services to be furnished by McClelland during the Construction Phase, if
any, will be finalized and contained in an amendment to this Agreement after the Bidding
Phase is completed.
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2.1.1.7 The preliminary Scope of Services to be furnished by McClelland for Resident Services
during Construction, if any, will be finalized and contained in an amendment to this
Agreement after the Bidding Phase is completed.
2.2 Public Communications and Relations Phase
2.2.1 The Public Communications and Relations Phase will consist of the development and
implementation of a public communications program to address the needs of the impacted
neighborhoods and other concerned citizens. These efforts will include arranging meetings
with the neighborhood association, public meeting attendance, presentation of schematics,
evaluation of public comments/concerns and developing a consensus with the stakeholders.
This effort will include preparation for and attendance at two neighborhood association
meetings, two ward meetings and one city council meeting. The effort will also include the
preparation of one public report complete with preliminary drawings, typical schematics and
other relevant information.
2.3 Preliminary Engineering Report
2.3.1 The Preliminary Engineering Report Phase will consist of the preparation of a written report
supporting the project's need, scope and outcomes. The report will include a description of
system deficiencies, problem statements, evaluation of alternative layouts, economic
justification of recommended improvements, project cost prediction and summation of
benefits and outcomes. The report shall define the project in sound economic and engineering
terms, citing the specific benefits that will be realized.
2.4 Preliminary Design Phase
2.4.1 The Preliminary Design Phase will consist of surveying and geotechnical services, the
preparation of preliminary plans for the tank and booster pump station, and the acquisition of
approvals from City of Fayetteville for the preliminary design. The surveying services will
consist of performing topographic surveys for one booster station site and two alternate tank
sites, the development of easement procurement needs (if required), the development of
drawings and performing field work required for a Lot Split (if required) and a Property
Survey (if required) The geotechnical services will consist of taking soil borings at one
booster station site and two alternate tank sites, site clearing (if required), and providing
boring logs, foundation recommendations and a geotechnical report.
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2.5 Final Design Phase
2.5.1 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. It is anticipated
that two complete sets of Bid Documents will be prepared, one for the elevated tank and one
for the booster station.
2.5.1.1 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. Text documents shall be provided to CITY OF
FAYETTEVILLE in Microsoft® Word version 2000 software. Contract drawings shall
be prepared using standard borders, sheet sizes, title blocks and CADD standards
provided by CITY OF FAYETTEVILLE. McClelland 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 2002.
2.5.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF
FAYETTEVILLE, a project preliminary design schedule in which McClelland shall
include, in an acceptable level of detail, the steps and milestone dates to be undertaken by
McClelland in the completion of this design. This Schedule shall include reasonable
allowances for review and approval times required by CITY OF FAYETTEVILLE, and
review and approval times 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 McClelland's reasonable control.
Nonconformance with this schedule by McClelland and its subconsultants may result in
the assessment of damages payable by McClelland to the CITY OF FAYETTEVILLE for
costs and damages incurred. The maximum cost liability of McClelland shall be limited
to the total gross amount payable to or through the Consultant authorized under this
agreement, including amendments thereto.
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2.5.1.3 When requested by the CITY OF FAYETTEVILLE's Water and Wastewater Director,
prepare for and attend up to two City Council meetings to provide periodic updates on the
progress of the preliminary design.
2.5.1.4 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 alternates shall be
developed and described in accordance with Title 22, Article 9-203 of the Arkansas
Code.
2.5.2 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 shall be obtained from the Arkansas Department of
Health and the Federal Aviation Administration. Actual Filing and Permit Fees will be paid
by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with
appropriate authorities.
2.5.3 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.
2.5.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including,
but not limited to, construction, inspection, testing and close out.
2.5.5 Furnish CITY OF FAYETTEVILLE with 5 copies of the final Bid Documents.
2.5.6 Determine land and easement requirements and provide consultation and assistance on
property procurement as related to professional engineering services being performed.
2.5.7 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.
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2.5.8 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.
2.6 Bidding Phase
2.6.1 McClelland will follow City of Fayetteville's bidding protocol for capital improvement
projects.
2.6.2 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
FAYEI IEVILLE. 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
2.6.3 Prepare addenda for drawings and Bid Documents as required and submit to CITY OF
FAYETTEVILLE in timely manner such that addenda can be issued by McClelland in
accordance with Construction Contract General Conditions. All bidding protocols shall
conform to statutory requirements with all addenda being approved by CITY OF
FAYETTEVILLE prior to issuance.
2.6.4 Secure updated applicable wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
2.6.5 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.
2.6.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts. McClelland shall prepare and submit bid certification documents to
CITY OF FAYETTEVILLE for review.
2.6.7 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.
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2.6.8 Make recommendations regarding award of construction contracts.
2.6.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to
recommend action by the respective bodies. Prepare and present a recommendation complete
with such supporting information as necessary for the bodies to make an informed decision
on the action recommended.
2.6.10 See Attachment A for additional services or clarification of services to be provided by
McClelland.
2.7 Construction Phase
2.7.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
Bidding Phase Services.
2.8 Post -Construction Phase
2.8.1 The scope of Post -Construction Phase Services, if any, will be negotiated following
completion of Bidding Phase Services.
2.9 Resident Services During Construction
2.9.1 The scope of Resident Services During Construction, if any, will be negotiated following
completion of Bidding Phase Services.
SECTION 3 - ADDITIONAL SERVICES OF MCCLELLAND
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by McClelland, McClelland shall furnish or obtain from others Additional Services of the
following types that are 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.
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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 Administrative Assistance
Provide Contract and Project administration to the degree authorized by CITY OF
FAYETTEVILLE.
3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use.
3.1.5 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance, and overhead
expenses, and the preparation of rate schedules, eamings, 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 McClelland's control, McClelland 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 McClelland. If CITY OF FAYETTEVILLE indicates in writing that
all or parts of such Contingent Additional Services are not required, McClelland shall have no
obligation to provide those services.
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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.
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 riot to delay the services of
McClelland.
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
4.2 Assist McClelland by placing at McClelland'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 McClelland to enter upon public and private
property as required for McClelland 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 McClelland 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 McClelland whenever CITY OF FAYETTEVILLE observes or
otherwise becomes aware of any defect in the Project.
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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.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements of the Mount Sequoyah Pressure Plane Improvements
Project.
4.10 Furnish, or direct McClelland 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 McClelland's use in coordinating the Contract Drawings and Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to McClelland 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. McClelland 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 MCCLELLAND
6.1 Compensation
The total payment for the Scope of Services described in Appendix A is estimated to be One
Hundred Forty-two Thousand Three Hundred Ten Dollars ($142,310.00). Compensation
is based upon the current schedule of hourly rates, a copy being attached as Attachment B.
This amount is a not to exceed amount without the advance approval of a written contract
amendment by the Mayor and City Council.
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6.1.1 Public Communications and Relations Phase Services
For the Scope of Services during the Public Communications and Relations Phase described
herein, CITY OF FAYETTEVILLE authorizes thirty-six thousand four hundred dollars
($36,400.00) as compensation for the scope of work set forth in Attachment A. Engineer will
be compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all public communications costs, including labor, overhead, direct expenses,
subcontracts and fees. The total contract amount authorized for the public communications
and relations phase services is thirty-six thousand four hundred dollars ($36,400.00).
6.1.2 Preliminary Engineering Report Phase Services
For the Scope of Services during the Preliminary Engineering Report Phase described herein,
CITY OF FAYETTEVILLE authorizes five thousand two hundred dollars ($5,200.00) as
compensation for the scope of work set forth in Attachment A. Engineer will be
compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all preliminary engineering report costs, including labor, overhead, direct expenses,
subcontracts and fees. The total contract amount authorized for the preliminary engineering
report phase services is five thousand two hundred dollars ($5,200.00).
6.1.3 Preliminary Design Phase Services
For the Scope of Surveying Services during the Preliminary Design Phase described herein,
CITY OF FAYETTEVILLE authorizes fifteen thousand two hundred fifty dollars
($15,250.00) as compensation for the scope of work set forth in Attachment A. Engineer will
be compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all surveying costs, including labor, overhead, direct expenses, subcontracts and fees.
The total contract amount authorized for the surveying services is fifteen thousand two
hundred fifty dollars ($15,250.00).
For the Scope of Geotechnical Services during the Preliminary Design Phase described
herein, CITY OF FAYETTEVILLE authorizes seven thousand eight hundred sixty dollars
($7,860.00) as compensation for the scope of work set forth in Attachment A. Engineer will
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be compensated based upon the current hourly rates and unit prices for cost reimbursement
being attached to and made a part of this agreement (Attachment B). The costs and basis for
compensation include all geotechnical costs, including labor, overhead, direct expenses,
subcontracts and fees. The total contract amount authorized for the geotechnical services is
seven thousand eight hundred sixty dollars ($7,860.00).
For the Scope of Engineering Design Services during the Preliminary Design Phase described
herein, CITY OF FAYETTEVILLE authorizes thirty-two thousand dollars ($32,000.00) as
compensation for the scope of work set forth in Attachment A. Engineer will be
compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all preliminary design costs, including labor, overhead, direct expenses, subcontracts
and fees. The total contract amount authorized for the preliminary design phase services is
thirty-two thousand dollars ($32,000.00).
6.1.4 Final Design Phase Services
For the Scope of Services during the Final Design Phase described herein, CITY OF
FAYETTEVILLE authorizes forty-one thousand eight hundred dollars ($41,800.00) as
compensation for the scope of work set forth in Attachment A. Engineer will be
compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all final design costs, including labor, overhead, direct expenses, subcontracts and
fees. The total contract amount authorized for the final design phase services is forty-one
thousand eight hundred dollars ($41,800.00).
6.1.5 Bidding Phase Services
For the Scope of Services during the Bidding Phase described herein, CITY OF
FAYETTEVILLE authorizes three thousand eight hundred dollars ($3,800.00) as
compensation for the scope of work set forth in Attachment A. Engineer will be
compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all bidding phase costs, including labor, overhead, direct expenses, subcontracts and
fees. The total contract amount authorized for the bidding phase services is three thousand
eight hundred dollars ($3,800.00).
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6.1.5.1 Subject to the City Council approval, adjustment of the contract amount may be made
should McClelland 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.
6.1.5.2 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 McClelland's normal billing schedule. Once established,
the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
McClelland 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 earned as the work is accomplished. Final payment for Design
services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with
the satisfactory completion of the Design phase for the Project.
6.1.6 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 Bidding Phase
Services.
6.1.7 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 Bidding Phase
Services.
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6.1.8 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 Bidding Phase
Services.
6.1.9 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services",
compensation to McClelland shall be negotiated at the time Additional services are
authorized.
6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted to CITY
OF FAYETTEVILLE by signed original document. Statements will be based on
McClelland's actual costs incurred and justified by hours expended, hourly rates and other
applicable costs in accordance with Attachment B.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of
McClelland'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 McClelland 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, McClelland 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 McClelland 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
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of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against McClelland 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, McClelland will maintain (in United
States Dollars) the following minimum insurance coverages:
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
McClelland 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 (or CITY OF FAYETTEVILLE may
provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured and McClelland as additional insureds, or, to endorse CITY OF
FAYETTEVILLE, and McClelland 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, and McClelland. All contract insurance carriers shall be
required to list CITY OF FAYETTEVILLE as certificate holder, furnishing copies of the
contractor's insurance certificate to each party
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A — 15 052303
• •
7.1.3 CITY OF FAYETTEVILLE and McClelland 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 McClelland'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 and McClelland for
damage or liability covered by any construction Contractor's policy of insurance.
7.2 Professional Responsibility
7.2.1 McClelland will exercise reasonable skill, care, and diligence in the performance of
McClelland's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to McClelland any defects or suspected defects in McClelland's services of which
CITY OF FAYETTEVILLE becomes aware, so that McClelland can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE and McClelland
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 FAYEI 1'EVILLE retains all remedies to recover for its damages
caused by any negligence of McClelland.
7.2.2 In addition McClelland will be responsible to CITY OF FAYETTEVILLE for damages
caused by its negligent conduct during its activities at the Project Site to the extent covered
by McClelland'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 McClelland relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on McClelland's experience, qualifications, and judgment as a
design professional. Since McClelland 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, McClelland does not guarantee that actual rates, costs,
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A — 16 052303
• •
performance, schedules, and related items will not vary from cost opinions and projections
prepared by McClelland.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
McClelland'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 of McClelland.
7.5 Termination
7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
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 McClelland is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
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 or other work,
7.5.3.2 Any payment due to McClelland at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of McClelland's default.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
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• •
7.5.4 If termination for default is effected by McClelland, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to McClelland for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
McClelland 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, McClelland shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by McClelland 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 work and may award another party an agreement to complete the work under
this Agreement.
7.5.7 If, after termination for failure of McClelland to fulfill contractual obligations, it is
determined that McClelland 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 McClelland are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond McClelland's reasonable control, McClelland
shall be entitled to additional compensation and time for reasonable costs incurred by
McClelland in temporarily closing down or delaying the Project.
7.7 Rights and Benefits
McClelland's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
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• •
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 McClelland 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
McClelland in the performance of this Agreement, and disputes concerning payment.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 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 McClelland 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 McClelland 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 McClelland 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 McClelland for services rendered by McClelland.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A — 19 052303
GI
7.10 Publications
Recognizing the importance of professional development on the part of McClelland's
employees and the importance of McClelland's public relations, McClelland may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to McClelland's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to McClelland. 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
McClelland's activities pertaining to any such publication shall be for McClelland'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 McClelland from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
7.12 Computer Models
McClelland may use or modify McClelland's proprietary computer models in service of
CITY OF FAYETTEVILLE under this Agreement, or McClelland may develop computer
models during McClelland's service to CITY OF FAYETTEVILLE under this Agreement.
Such use, modification, or development by McClelland does not constitute a license to CITY
OF FAYETTEVILLE to use or modify McClelland's computer models. Said proprietary
computer models shall remain the sole property of the McClelland. CITY OF
FAYETTEVILLE and McClelland will enter into a separate license agreement if CITY OF
FAYETTEVILLE wishes to use McClelland'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, estimates, specification field notes, and data are and
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-20 052303
remain the property of CITY OF FAYETTEVILLE. McClelland may retain reproduced
copies of drawings and copies of other documents.
Engineering documents, drawings, and specifications prepared by McClelland as part of the
Services shall become the property of CITY OF FAYETTEVILLE when McClelland has
been compensated for all Services rendered, provided, however, that McClelland shall have
the unrestricted right to their use. McClelland 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 McClelland.
Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. McClelland makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
7.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
McClelland's address:
McClelland Consulting Engineers, Inc.
P.O. Box 1229/1810 N. College
Fayetteville, AR 72702
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-21 052303
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and McClelland 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
McClelland shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
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 McClelland and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase
orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to McClelland a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
McClelland, 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 McClelland:
8.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
McClelland of responsibility for the technical adequacy of the work. CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-22 052303
8.1.2 McClelland shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by McClelland's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
8.1.3 McClelland's obligations under this clause are in addition to McClelland'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 McClelland for faulty materials,
equipment, or work.
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 McClelland 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 McClelland shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. McClelland shall also maintain the financial information and data used by
McClelland 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 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. McClelland 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 on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-23 052303
El
I
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
8.3.3 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. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
8.3.3.3.1 With respect
to record pertaining directly
to subagreement performance,
excluding
any financial
records of McClelland;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.3.3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
McClelland 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 McClelland 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 McClelland or any of
McClelland'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 Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-24 052303
FAYETTEVILLE, or the State in an attempt to secure an agreement or favorable treatment in
awarding, amending or making any determinations related to the performance of this
Agreement, CITY OF FAYETTEVILLE may, by written notice to McClelland 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 McClelland as it could pursue in
the event of a breach of the Agreement by McClelland. As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs McClelland incurs in providing
any such gratuities to any such officer or employee.
8.6 Arkansas Freedom of Information Act
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, McClelland 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;
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-25 052303
(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
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 18 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: Mc&11au4 Csflhilting Engineers, Inc.
SIGNATURE: DATE: _13-04-'
PRINTED NAME: John C. Quinn, P.E. TITLE: President
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-26 052303
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
McClelland, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
,�,prnnrnrrr CITY C
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By:
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;FAYLIIEVILLE;
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By:
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McClelland o suit' rg E ' ers Inc.
By: l
Title: President
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.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-27 052303
Attachment A
Scope of Services
Mount Sequoyah Pressure Plane Improvements Project
Project Background
On November 10, 2003, the Fayetteville Planning Commission approved the concept plat for the Stone
Mountain Subdivision, the conditions of approval requiring the development to resolve water supply
concerns as part of its infrastructure improvements. The developer has completed detailed hydraulic
studies of the water supply system that serves the development, has submitted preliminary plans for
private participation in the needed improvements and has participated in numerous negotiations with the
City Administration to establish the respective infrastructure responsibilities. Under this private
infrastructure participation offer, the developer will upgrade selected water lines from 8 -inch to 12 -inch to
correspond to master plan needs, will provide a site for the future municipal water booster station, will
construct off -site interconnecting 12 -inch water mains and will pay $90,000.00 as a contribution -in -aid at
the time of final plat approval. The value of the private contributions towards the long-range needs of the
Mount Sequoyah Water System needs is approximated at $500,000.00.
The acceptance of this negotiated infrastructure improvement proposal from the developer of Stone
Mountain Subdivision requires a reciprocal commitment by the City of Fayetteville. Fayetteville's
acceptance of the private participation will necessitate completion of other public improvements to fully
satisfy the needs of the Mount Sequoyah Water System. Such improvements are anticipated to include the
construction of additional elevated water storage capacity and a new water booster station, subject to
validation by the city's engineering consultant. Construction of capital improvements to correct the
Mount Sequoyah Pressure Plane deficiencies has been a long-standing need and continuing priority of the
Fayetteville water system. This public -private partnership reduces public expense for a necessary capital
improvement project. This arrangement leverages the effectiveness of public funds using private
development assistance, creating mutual benefits.
Scope of Work
The services listed below will be performed on an hourly rate and unit price basis. The activities being
authorized under the contact amount include:
Public Communications and Relations - The development and implementation of a public
communications program to address the needs of the impacted neighborhoods and other concerned
citizens. These efforts will include arranging meetings with the neighborhood association, public meeting
attendance, presentation of schematics, evaluation of public comments/concerns and developing a
consensus with the stakeholders. This effort will include preparation for and attendance at two
neighborhood association meetings, two ward meetings and one city council meeting. The effort will also
include the preparation of one public report complete with preliminary drawings, typical schematics and
other relevant information.
Preliminary Engineering Report - A written report supporting the project's need, scope and outcomes.
The report will include a description of system deficiencies, problem statements, evaluation of alternative
layouts, economic justification of recommended improvements, updated project cost prediction and
summation of benefits and outcomes. The report shall define the project in sound economic and
engineering terms, citing the specific benefits that will be realized.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-28 052303
Preliminary Design — Preliminary plans illustrating the recommended improvements, updated project
cost prediction and summation of benefits and outcomes. The Preliminary Design submittal shall include
a Basis of Design report, summarizing design criteria.
Engineering Field Surveys - Upon approval of the preliminary engineer's report on the project,
detailed engineering surveys shall be commenced under this scope of services. These surveys shall
include topographic surveys for one booster station site and two alternate tank sites, the development
of easement procurement needs (if required), the development of drawings and performing field work
required for a Lot Split (if required) and a Property Survey (if required) and schematic development
of the construction drawings.
Geotechnical Investigations - Upon approval of the preliminary engineer's report, geotechnical
investigations shall be commenced under this scope of services. The geotechnical services shall
include taking soil borings at one booster station site and two alternate tank sites, site clearing (if
required), and providing boring logs, foundation recommendations and a geotechnical report.
Final Design Phase — Upon approval of the preliminary engineering design, the final design shall be
commenced under this scope of services. The final design services shall include Plans and Specifications
(Bid Documents) for two separate contracts (one for the tank; one for the booster station), Owner
approvals, permits, State agency approvals, updated cost estimates and FAA compliance.
Bidding Phase - Upon approval of the final engineering design, the bidding phase shall be commenced
under this scope of services. The bidding phase services shall include the issuance of the Bid Documents,
Prebid conferences, attendance at the Bid Openings, preparation of the Bid Tabulations and
recommendation of Award of Contracts for the two separate contracts.
Construction Phase/Inspection Services - Once the project is bid, a detailed breakdown of additional
engineering services needed to complete the project shall be developed for review, approval and inclusion
in a contract amendment.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-29 052303
• •
MCEMcCLELLAND P.O. Box 1229
co NSULTING Fayetteville, Arkansas 72 702-122 9
FAX
479-443-2377
DESIGNED TO SERVE
ENGINEERS, INC. 479-443-9241
Updated 7/14/2004
2004 BILLING RATES
CATEGORY
Principal Engineer/Project Manager
*HOURLY
RATE
$ 120.00
Project Engineer II
$
85.00
Project Engineer!
$
75.00
Electrical Engineer
$
95.00
Mechanical Engineer
$
95.00
Structural Engineer
$
95.00
Engineering Technician II
$
65.00
Engineering Technician I
$
35.00
Construction Observer II
$
65.00
Construction Observer I
$
38.00
Chief Draftsman
Draftsman
$ 60.00
$ 50.00
Computer Technician
$
55.00
Registered Land Surveyor
$
75.00
Survey Crew (2 -Man or 1-Man/Robotic)
$
100.00
Party Chief
$
45.00
Soils Lab Supervisor
Soils Lab Technician
Water Lab Supervisor
Water Lab Technician
Clerk/Typist
$ 52.00
$ 35.00
$ 50.00
$ 35.00
$ 40.00
Mileage $
0.36
(New Contracts Effective July 13, 2004)
$
0.34
(Contracts Prior to July 13, 2004)
* Subject to adjustment annually, on/about January Ist.
r
McCLELLAND Po. Box 1229
MCECONSULTING Fayetteville, Arkansas 72702-1229
479-587-1303
DESIGNED TO SERVE
ENGINEERS, INC. MATERIALS LABORATORY FAX 479-443-9241
CONSTRUCTION MATERIALS LABORATORY
FEE SCHEDULE
February, 2004
GENERAL:
Laboratory Field Technician'
$ 35.00
per hour
AHTD-Qualified Technician
40.00
per hour
Engineering Technician'
48.00
per hour
Senior Engineering Technician
62.00
per hour
Lab Supervisor
45.00
per hour
Consultation:
Lab Supervisor
45.00
per hour
Field Engineer
75.00
per hour
Project Engineer
85.00
per hour
Project Manager
105.00
per hour
Principal Engineer
120.00
per hour
Lab Report Preparation
35.00
per hour
SOILS
AHTD-Qualified Field Technician
40.00
per hour
Soils Field Technician (1 -hour minimum)
35.00
per hour
In -Place Compaction Test -Nuclear Gauge ASTM D 2922
Sample Pickup
Nuclear Density Gauge Fee (per project, per day)
20.00
each
Liquid Limit, Plastic Limit, Plasticity Index (3 point) ASTM D 4318
50.00
each
Sieve Analysis -Washed No. 200 (Wet) ASTM D 1140
35.00
per sieve
Sieve Analysis -Dry ASTM D 422
8.00
per sieve
Hydrometer Analysis ASTM D 422
90.00
each
Specific Gravity ASTM D 854
50.00
each
Soils Classification, Unified or AASHTO ASTM D 2487 or AASHTO M 145
110.00
each
Laboratory Maximum Compaction Test ASTM D 698 or AASHTO T 99
120.00
each
Laboratory Maximum Compaction Test ASTM D 1557 or AASHTO T 180
135.00
each
Potential Volume Change -Swell Pressure
100.00
each
California Bearing Ratio-CBR ASTM D 1883 (3 point) (Proctor curve additional)
150.00
each
Shrinkage ASTM D 427
50.00
each
Soil Bearing Capacity (Engineering Tech., 2 -hour minimum)
45.00
per hour
Non-ASTM Procedures Available On Request
CONCRETE
Concrete Mix Design
Price on Request
Review Concrete Mix Design (Lab Supervisor)
45.00
per hour
Confirm Concrete Mix Design
Price on Request
Concrete Field Technician * (1 -hour minimum): [For any of the following 6 items:)
35.00
per hour
• Unit Weight and Yield of Freshly Mixed Concrete ASTM C 138
• Concrete Cylinder or Beam Molding ASTM C 31
• Concrete Cylinder or Beam Pickup
• Concrete Slump Test ASTM C 143
• Concrete Air Content Test ASTM C 231 or C 173
• Cement Mortar or Group Sampling
AHTD-Qualified Concrete Technician: [For any of the foregoing 6 items:]
40.00
per hour
Compressive Strength of Concrete Test Cylinders ASTM C 39 (pad cap)
15.00
each
Compressive Strength of Concrete Test Cylinders ASTM C 39 (sulfur capped)
20.00
each
Spare Cylinders Specimens Processed but not Tested
10.00
each
Schmidt Hammer Testing (Engineering Tech, 2 -hour minimum)
45.00
per hour
a ACI Grade I Concrete Field Testing Technician
QNATAGEOTECMbes 4AT-UBFQb04. E'jm
Page 1 of 2
McCLELLAND P.O. Box 1229
M CONSULTING Fayetteville, Arkansas 72 702-122 9
ENGINEERS, INC. 479-443-124
3
DESIGNED TO SERVE MATERIALS LABORATORY FAX 479-443-9241
CONSTRUCTION MATERIALS LABORATORY
FEE SCHEDULE
February, 2004
CONCRETE (Continued)
Flexural Strength of Concrete Beams ASTM C 78 or C 293
30.00
each
Spare Beam Specimens Processed but not Tested
25.00
each
Compressive Strength of Grout Cubes
25.00
each
Compressive Strength of Cement Mortar Cubes
20.00
each
Concrete Coring (3" or 4"):
Core Machine & Lab Technician
65.00
per hour
Additional Lab Technician, as required
35.00
per hour
Compressive Strength of Concrete Cores (3" or 4")
30.00
each
Other Core Sizes
Price on Request
Aggregate Sieve Analysis:
Dry Sieve ASTM C 136
8.00
each
Wet Sieve ASTM C 117
35.00
each
Fineness Modules
25.00
each
Decantation
35.00
each
Deleterious Materials
60.00
each
Specific Gravity and Absorption of Aggregate ASTM C 127 & C 128
85.00
each
Dry Rodded Unit Weight of Aggregate ASTM C 29
60.00
each
Sodium or Magnesium Sulfate Soundness (5 cycles) ASTM C 88
300.00
each
Additional Cycles
50.00
each
ASPHALT:
Asphalt Mix Design
Price on Request
Review Asphalt Mix Design (Sr. Engr. Technican)
65.00
per hour
Asphalt Field Technician
In -Place Compaction Test -Nuclear Gauge (Lab Technician)
35.00
per hour
Sample Pickup
35.00
per hour
Marshall Test including Stability, Flow, Laboratory Density, Percent Air Voids,
Percent Voids in Mineral Aggregate (3 specimens per test)
300.00
each
Extraction including percent Bitumen and Aggregate Gradation
200.00
each
Laboratory Density of Cored Plugs including Depth Measurement
25.00
each
Asphalt Coring (3" or 4"):
Core Machine & Lab Technician
65.00
per hour
Additional Lab Technician, if required
35.00
per hour
Sample Pickup
35.00
per hour
FIREPROOFING:
Unit Weight, Bonding Strength, Thickness and Sampling
(actual time required for Lab Technicians)
35.00
per hour/Tech.
Report Preparation (Lab Supervisor)
45.00
per hour
STRUCTURAL STEEL:
Bolt Torque Testing: Lab Technician(s)
35.00
per hour
Field Engineer
75.00
per hour
Pneumatic Torque Wrench Calibration (twice per day)
50.00
each
Visual Weld Inspection Field Engineer
85.00
per hour
Services not Listed are Available on Request
All prices are subject to revision each year
C �0ATA%GE0TECHJ..sV T- A F.RW.%pd jn
Page 2 of 2
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NAME OF FILE: Resolution No. 151-04
wlAgreement
CROSS REFERENCE:
Item # Date Document
1 09/15/04 memo to mayor & City Council
2 draft resolution
3 copy of Mt Sequoyah Pressure Plane
4 draft agreement
5 Staff Review Form
6 09/30/04 memo to City Council
7 memo to Greeg Boettcher from Burns & McDonnell
8 copy of Forecasted Cash Flow
g copy of Expected Construction Period
copy of Design Progression on Wastewater Design
10 Contracts - September 2004
11 memo to Greg Boettcher
12
13
14
15
16
NOTES:
•
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City Council Meeting of October 5, 2004 151
yep.y.le
CITY COUNCIL AGENDA MEMO
4guoyoh
To: Mayor and City Council
Thru: Hugh Earnest From: Greg Boettcher 4
Chief Administrative Officer Water/Wastewater Director
Date: September 15, 2004
Subject: Resolution approving a contract with McClelland Consulting Engineers, Inc.
for design/bidding phase services for Mount Sequoyah Plane Improvements
Project.
RECOMMENDATION
Fayetteville City Administration recommends approval of an authorization totalling
$142,310.00, said amount being the face value of a proposed contract with McClelland
Consulting Engineers of Fayetteville, Arkansas.
On August 9, 2004 the City Council approved a new capital improvement project titled
the Sequoyah Pressure Plane Improvement Project (location map attached). The Stone
Mountain Subdivision provided an opportunity to solve long-standing water supply
deficiencies at substantially reduced public cost. This enabling resolution authorized the
convening of a selection committee, funded the intial project costs and enabled the
negotiation of an agreement with the selelcted engineering consultant. The selection
committee meeting of August 10, 2004 determined McClelland Consulting Engineers to
be the firm of choice.
DISCUSSION
Due to the variable nature of the scope of work, an hourly rate method of compensation is
most appropriate. A cost ceiling of $142,310.00 has been established for the preliminary
study, public communications, surveys, design and bidding phase services. Deducting
the costs of additional services from this not -to -exceed fee results finds the basic
design/bidding services to be 8.1% of the $1,140,000 construction cost. This is a
reasonable compensation for the proposed basic services. The professional services
contract includes cost breakdowns and task schedules.
BUDGET IMPACT
The preliminary budget for the project includes $271,427.00, said amount being adequate
to cover the proposed engineering services contract of $142,310.00.
• A
RESOLUTION NO.
A RESOLUTION TO APPROVE AN ENGINEERING
CONTRACT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. FOR THE DESIGN AND BIDDING
PHASE SERVICE FOR THE MOUNT SEQUOYAH
PRESSURE PLANE IMPROVEMENTS PROJECT IN
A NOT TO EXCEED AMOUNT OF $142,310.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the contract with McClelland Consulting Engineers, Inc. attached as Exhibit A
for preliminary study, public communications, surveys, design and bidding phase service
to the Mount Sequoyah Pressure Plane Improvement Project on a per hour basis for a not
to exceed the amount of $142,310.00.
PASSED and APPROVED this 5`s day of October, 2004.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
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JAY
AGREEMENT •
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
FAYETTEVILLE, ARKANSAS
THIS AGREEMENT is made as of , 2004, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
McClelland Consulting Engineers, Inc. with offices located in Fayetteville, Arkansas (hereinafter called
McClelland).
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 Mount Sequoyah Pressure Plane Improvements Project and in particular, development
and implementation of a public communications program, preparation of a preliminary engineering
report, and engineering design of a water booster station and a 500,000 gallon elevated water tank, (The
"Project"). Therefore, CITY OF FAYETTEVILLE and McClelland in consideration of their mutual
covenants agree as follows:
McClelland
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 McClelland'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 are to be provided by McClelland 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 McClelland.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of McClelland.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A — I 052303
11
1.3 Changes, modifications or amendments in scope, price or fees to this contract
shall not be allowed without a formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, costs, fees, or
delivery schedule.
SECTION 2- BASIC SERVICES OF MCCLELLAND
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.
2.1.1.1 The Scope of Services to be furnished by McClelland during the Public Communications
and Relations Phase is included in Section 2.2 hereafter and in Attachment A attached
hereto and made part of this Agreement.
2.1.1.2 The Scope of Services to be furnished by McClelland during the Preliminary Engineering
Report Phase is included in Section 2.3 hereafter and in Attachment A attached hereto
and made part of this Agreement.
2.1.1.3 The Scope of Services to be furnished by McClelland during the Preliminary Design
Phase is included in Section 2.4 hereafter and in Attachment A attached hereto and made
part of this Agreement.
2.1.1.4 The Scope of Services to be furnished by McClelland during the Final Design Phase is
included in Section 2.5 hereafter and in Attachment A attached hereto and made part of
this Agreement.
2.1.1.5 The Scope of Services to be furnished by McClelland during the Bidding Phase is
included in Section 2.6 hereafter and in Attachment A attached hereto and made part of
this Agreement.
2.1.1.6 The Scope of Services to be furnished by McClelland during the Construction Phase, if
any, will be finalized and contained in an amendment to this Agreement after the Bidding
Phase is completed.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-2
052303
C:
2.1.1.7 The preliminary Scope of Services to be furnished by McClelland for Resident Services
during Construction, if any, will be finalized and contained in an amendment to this
Agreement after the Bidding Phase is completed.
2.2 . Public Communications and Relations Phase
2.2.1 The Public Communications and Relations Phase will consist of the development and
implementation of a public communications program to address the needs of the impacted
neighborhoods and other concerned citizens. These efforts will include arranging meetings
with the neighborhood association, public meeting attendance, presentation of schematics,
evaluation of public comments/concerns and developing a consensus with the stakeholders.
This effort will include preparation for and attendance at two neighborhood association
meetings, two ward meetings and one city council meeting. The effort will also include the
preparation of one public report complete with preliminary drawings, typical schematics and
other relevant information.
2.3 Preliminary Engineering Report
2.3.1 The Preliminary Engineering Report Phase will consist of the preparation of a written report
supporting the project's need, scope and outcomes. The report will include a description of
system deficiencies, problem statements, evaluation of alternative layouts, economic
justification of recommended improvements, project cost prediction and summation of
benefits and outcomes. The report shall define the project in sound economic and engineering
terms, citing the specific benefits that will be realized.
2.4 Preliminary Design Phase
2.4.1 The Preliminary Design Phase will consist of surveying and geotechnical services, the
preparation of preliminary plans for the tank and booster pump station, and the acquisition of
approvals from City of Fayetteville for the preliminary design. The surveying services will
consist of performing topographic surveys for one booster station site and two alternate tank
sites, the development of easement procurement needs (if required), the development of
drawings and performing field work required for a Lot Split (if required) and a Property
Survey (if required). The geotechnical services will consist of taking soil borings at one
booster station site and two alternate tank sites, site clearing (if required), and providing
boring logs, foundation recommendations and a geotechnical report.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-3 052303
2.5 Final Design Phase
2.5.1 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. It is anticipated
that two complete sets of Bid Documents will be prepared, one for the elevated tank and one
for the booster station.
2.5.1.1 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. Text documents shall be provided to CITY OF
FAYETTEVILLE in Microsoft® Word version 2000 software. Contract drawings shall
be prepared using standard borders, sheet sizes, title blocks and CADD standards
provided by CITY OF FAYETTEVILLE. McClelland 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 2002.
2.5.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF
FAYETTEVILLE, a project preliminary design schedule in which McClelland shall
include, in an acceptable level of detail, the steps and milestone dates to be undertaken by
McClelland in the completion of this design. This Schedule shall include reasonable
allowances for review and approval times required by CITY OF FAYETTEVILLE, and
review and approval times 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 McClelland's reasonable control.
Nonconformance with this schedule by McClelland and its subconsultants may result in
the assessment of damages payable by McClelland to the CITY OF FAYETTEVILLE for
costs and damages incurred. The maximum cost liability of McClelland shall be limited
to the total gross amount payable to or through the Consultant authorized under this
agreement, including amendments thereto.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-4 052303
r
•
2.5.1.3 When requested by the CITY OF FAYETTEVILLE's Water and Wastewater Director,
prepare for and attend up to two City Council meetings to provide periodic updates on the
progress of the preliminary design.
2.5.1.4 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 alternates shall be
developed and described in accordance with Title 22, Article 9-203 of the Arkansas
Code.
2.5.2 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 shall be obtained from the Arkansas Department of
Health and the Federal Aviation Administration. Actual Filing and Permit Fees will be paid
by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with
appropriate authorities.
2.5.3 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.
2.5.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including,
but not limited to, construction, inspection, testing and close out.
•2.5.5 Furnish CITY OF FAYETTEVILLE with 5 copies of the final Bid Documents.
2.5.6 Determine land and easement requirements and provide consultation and assistance on
property procurement as related to professional engineering services being performed.
2.5.7 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.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-5 052303
•
2.5.8 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.
2.6 Bidding Phase
2.6.1 McClelland will follow City of Fayetteville's bidding protocol for capital improvement
projects.
2.6.2 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
FAYETTEVILLE. 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.
2.6.3 Prepare addenda for drawings and Bid Documents as required and submit to CITY OF
FAYETTEVILLE in timely manner such that addenda can be issued by McClelland in
accordance with Construction Contract General Conditions. All bidding protocols shall
conform to statutory requirements with all addenda being approved by CITY OF
FAYETTEVILLE prior to issuance.
2.6.4 Secure updated applicable wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
2.6.5 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.
2.6.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts. McClelland shall prepare and submit bid certification documents to
CITY OF FAYETTEVILLE for review.
2.6.7 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.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-6 052303
2.6.8 Make recommendations regarding award of construction contracts.
2.6.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to
recommend action by the respective bodies. Prepare and present a recommendation complete
with such supporting information as necessary for the bodies to make an informed decision
on the action recommended.
2.6.10 See Attachment A for additional services or clarification of services to be provided by
McClelland.
2.7 Construction Phase
2.7.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
Bidding Phase Services.
2.8 Post -Construction Phase
2.8.1 The scope of Post -Construction Phase Services, if any, will be negotiated following
completion of Bidding Phase Services.
2.9 Resident Services During Construction
2.9.1 The scope of Resident Services During Construction, if any, will be negotiated following
completion of Bidding Phase Services.
SECTION 3- ADDITIONAL SERVICES OF MCCLELLAND
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by McClelland, McClelland shall furnish or obtain from others Additional Services of the
following types that are 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.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-7 052303
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 Administrative Assistance
Provide Contract and
Project
administration to the degree
authorized by CITY OF
FAYETTEVILLE.
3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use.
3.1.5 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.
3.1.6 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 McClelland's control, McClelland 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 McClelland. If CITY OF FAYETTEVILLE indicates in writing that
all or parts of such Contingent Additional Services are not required, McClelland shall have no
obligation to provide those services.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-8 052303
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.
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
McClelland.
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
4.2 Assist McClelland by placing at McClelland'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 McClelland to enter upon public and private
property as required for McClelland 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 McClelland 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 McClelland whenever CITY OF FAYETTEVILLE observes or
otherwise becomes aware of any defect in the Project.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
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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.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements of the Mount Sequoyah Pressure Plane Improvements
Project.
4.10 Furnish, or direct McClelland 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 McClelland's use in coordinating the Contract Drawings and Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to McClelland 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. McClelland 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 MCCLELLAND
6.1 Compensation
The total payment for the Scope of Services described in Appendix A is estimated to be One
Hundred Forty-two Thousand Three Hundred Ten Dollars ($142,310.00). Compensation
is based upon the current schedule of hourly rates, a copy being attached as Attachment B.
This amount is a not to exceed amount without the advance approval of a written contract
amendment by the Mayor and City Council.
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6.1.1 Public Communications and Relations Phase Services
For the Scope of Services during the Public Communications and Relations Phase described
herein, CITY OF FAYETTEVILLE authorizes thirty-six thousand four hundred dollars
($36,400.00) as compensation for the scope of work set forth in Attachment A. Engineer will
be compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all public communications costs, including labor, overhead, direct expenses,
subcontracts and fees. The total contract amount authorized for the public communications
and relations phase services is thirty-six thousand four hundred dollars ($36,400.00).
6.1.2 Preliminary Engineering Report Phase Services
For the Scope of Services during the Preliminary Engineering Report Phase described herein,
CITY OF FAYETTEVILLE authorizes five thousand two hundred dollars ($5,200.00) as
compensation for the scope of work set forth in Attachment A. Engineer will be
compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all preliminary engineering report costs, including labor, overhead, direct expenses,
subcontracts and fees. The total contract amount authorized for the preliminary engineering
report phase services is five thousand two hundred dollars ($5,200.00).
6.1.3 Preliminary Design Phase Services
For the Scope of Surveying Services during the Preliminary Design Phase described herein,
CITY OF FAYETTEVILLE authorizes fifteen thousand two hundred fifty dollars
($15,250.00) as compensation for the scope of work set forth in Attachment A. Engineer will
be compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all surveying costs, including labor, overhead, direct expenses, subcontracts and fees.
The total contract amount authorized for the surveying services is fifteen thousand two
hundred fifty dollars ($15,250.00).
For the Scope of Geotechnical Services during the Preliminary Design Phase described
herein, CITY OF FAYETTEVILLE authorizes seven thousand eight hundred sixty dollars
($7,860.00) as compensation for the scope of work set forth in Attachment A. Engineer will
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A — 11 052303
be compensated based upon the current hourly rates and unit prices for cost reimbursement
being attached to and made a part of this agreement (Attachment B). The costs and basis for
compensation include all geotechnical costs, including labor, overhead, direct expenses,
subcontracts and fees. The total contract amount authorized for the geotechnical services is
seven thousand eight hundred sixty dollars ($7,860.00).
For the Scope of Engineering Design Services during the Preliminary Design Phase described
herein, CITY OF FAYETTEVILLE authorizes thirty-two thousand dollars ($32,000.00) as
compensation for the scope of work set forth in Attachment A. Engineer will be
compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all preliminary design costs, including labor, overhead, direct expenses, subcontracts
and fees. The total contract amount authorized for the preliminary design phase services is
thirty-two thousand dollars ($32,000.00).
6.1.4 Final Design Phase Services
For the Scope of Services during the Final Design Phase described herein, CITY OF
FAYETTEVILLE authorizes forty-one thousand eight hundred dollars ($41,800.00) as
compensation for the scope of work set forth in Attachment A. Engineer will be
compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all final design costs, including labor, overhead, direct expenses, subcontracts and
fees. The total contract amount authorized for the final design phase services is forty-one
thousand eight hundred dollars ($41,800.00).
6.1.5 Bidding Phase Services
For the Scope of Services during the Bidding Phase described herein, CITY OF
FAYETTEVILLE authorizes three thousand eight hundred dollars ($3,800.00) as
compensation for the scope of work set forth in Attachment A. Engineer will be
compensated based upon the current hourly rates for cost reimbursement being attached to
and made a part of this agreement (Attachment B). The costs and basis for compensation
include all bidding phase costs, including labor, overhead, direct expenses, subcontracts and
fees. The total contract amount authorized for the bidding phase services is three thousand
eight hundred dollars ($3,800.00).
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6.1.5.1 Subject to the City Council approval, adjustment of the contract amount may be made
should McClelland 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.
6.1.5.2 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 McClelland's normal billing schedule. Once established,
the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
McClelland 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 earned as the work is accomplished. Final payment for Design
services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with
the satisfactory completion of the Design phase for the Project.
6.1.6 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 Bidding Phase
Services.
6.1.7 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 Bidding Phase
Services.
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6.1.8 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 Bidding Phase
Services.
6.1.9 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services",
compensation to McClelland shall be negotiated at the time Additional services are
authorized.
6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted to CITY
OF FAYETTEVILLE by signed original document. Statements will be based on
McClelland's actual costs incurred and justified by hours expended, hourly rates and other
applicable costs in accordance with Attachment B.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of
McClelland'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 McClelland 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. McClelland 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 McClelland 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
Fayetteville ML Sequoyah Pressure Plane Improvements Project Engineering Agreement
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of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against McClelland 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, McClelland will maintain (in United
States Dollars) the following minimum insurance coverages:
Tvoe of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
McClelland 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 (or CITY OF FAYETTEVILLE may
provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured and McClelland as additional insureds, or, to endorse CITY OF
FAYETTEVILLE, and McClelland 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, and McClelland. All contract insurance carriers shall be
required to list CITY OF FAYETTEVILLE as certificate holder, furnishing copies of the
contractor's insurance certificate to each party
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7.1.3 CITY OF FAYETTEVILLE and McClelland 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 McClelland'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 and McClelland for
damage or liability covered by any construction Contractor's policy of insurance.
7.2 Professional Responsibility
7.2.1 McClelland will exercise reasonable skill, care, and diligence in the performance of
McClelland's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to McClelland any defects or suspected defects in McClelland's services of which
CITY OF FAYETTEVILLE becomes aware, so that McClelland can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE and McClelland
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 retains all remedies to recover for its damages
caused by any negligence of McClelland.
7.2.2 In addition McClelland will be responsible to CITY OF FAYETTEVILLE for damages
caused by its negligent conduct during its activities at the Project Site to the extent covered
by McClelland'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 McClelland relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on McClelland's experience, qualifications, and judgment as a
design professional. Since McClelland 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. McClelland does not guarantee that actual rates, costs,
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-16 052303
performance, schedules, and related items will not vary from cost opinions and projections
prepared by McClelland.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
McClelland'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 of McClelland.
7.5 Termination
7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
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 McClelland is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
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 or other work,
7.5.3.2 Any payment due to McClelland at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of McClelland's default.
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7.5.4 If termination for default is effected by McClelland, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to McClelland for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
McClelland 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, McClelland shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by McClelland 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 work and may award another party an agreement to complete the work under
this Agreement.
7.5.7 If, after termination for failure of McClelland to fulfill contractual obligations, it is
determined that McClelland 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 McClelland are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond McClelland's reasonable control, McClelland
shall be entitled to additional compensation and time for reasonable costs incurred by
McClelland in temporarily closing down or delaying the Project.
7.7 Rights and Benefits
McClelland's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
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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 McClelland 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
McClelland in the performance of this Agreement, and disputes concerning payment.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 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 McClelland 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 McClelland 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 McClelland 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 McClelland for services rendered by McClelland.
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7.10 Publications
Recognizing the importance of professional development on the part of McClelland's
employees and the importance of McClelland's public relations, McClelland may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to McClelland's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to McClelland. 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
McClelland's activities pertaining to any such publication shall be for McClelland'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 McClelland from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
7.12 Computer Models
McClelland may use or modify McClelland's proprietary computer models in service of
CITY OF FAYETTEVILLE under this Agreement, or McClelland may develop computer
models during McClelland's service to CITY OF FAYETTEVILLE under this Agreement.
Such use, modification, or development by McClelland does not constitute a license to CITY
OF FAYETTEVILLE to use or modify McClelland's computer models. Said proprietary
computer models shall remain the sole property of the McClelland. CITY OF
FAYETTEVILLE and McClelland will enter into a separate license agreement if CITY OF
FAYETTEVILLE wishes to use McClelland'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, estimates, specification field notes, and data are and
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remain the property of CITY OF FAYETTEVILLE. McClelland may retain reproduced
copies of drawings and copies of other documents.
Engineering documents, drawings, and specifications prepared by McClelland as part of the
Services shall become the property of CITY OF FAYETTEVILLE when McClelland has
been compensated for all Services rendered, provided, however, that McClelland shall have
the unrestricted right to their use. McClelland 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 McClelland.
Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. McClelland makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
7.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
McClelland's address:
McClelland Consulting Engineers, Inc.
P.O. Box 1229/1810 N. College
Fayetteville, AR 72702
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7.15 Successor and Assigns
CITY OF FAYETTEVILLE and McClelland 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
McClelland shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
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 McClelland and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase
orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to McClelland a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
McClelland, 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 McClelland:
8.1.1 CITY OF FAYETIEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
McClelland of responsibility for the technical adequacy of the work. CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
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8.1.2 McClelland shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by McClelland's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
8.1.3 McClelland's obligations under this clause are in addition to McClelland'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 McClelland for faulty materials,
equipment, or work.
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 McClelland 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 McClelland shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. McClelland shall also maintain the financial information and data used by
McClelland 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 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. McClelland 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 on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
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taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
8.3.3 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. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of McClelland;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.3.3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
McClelland 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 McClelland 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 McClelland or any of
McClelland'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 Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-24 052303
FAYETTEVILLE, or the State in an attempt to secure an agreement or favorable treatment in
awarding, amending or making any determinations related to the performance of this
Agreement, CITY OF FAYETTEVILLE may, by written notice to McClelland 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 McClelland as it could pursue in
the event of a breach of the Agreement by McClelland. As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs McClelland incurs in providing
any such gratuities to any such officer or employee.
8.6 Arkansas Freedom of Information Act
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, McClelland 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;
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-25 052303
(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
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 18 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: M Ila Con4Iing Engineers, Inc.
SIGNATURE: DATE: 9 ` F!)
c4 -
PRINTED NAME: John C. Ouinn, P.E. TITLE: President
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-26 052303
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
McClelland, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
ATTEST:
By:
City Clerk
McClelland nsultin EcL n 'n ers Inc.
By:
Title: President
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.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-27 052303
Attachment A
Scope of Services
Mount Sequoyah Pressure Plane Improvements Project
Project Background
On November 10, 2003, the Fayetteville Planning Commission approved the concept plat for the Stone
Mountain Subdivision, the conditions of approval requiring the development to resolve water supply
concerns as part of its infrastructure improvements. The developer has completed detailed hydraulic
studies of the water supply system that serves the development, has submitted preliminary plans for
private participation in the needed improvements and has participated in numerous negotiations with the
City Administration to establish the respective infrastructure responsibilities. Under this private
infrastructure participation offer, the developer will upgrade selected water lines from 8 -inch to 12 -inch to
correspond to master plan needs, will provide a site for the future municipal water booster station, will
construct off -site interconnecting 12 -inch water mains and will pay $90,000.00 as a contribution -in -aid at
the time of final plat approval. The value of the private contributions towards the long-range needs of the
Mount Sequoyah Water System needs is approximated at $500,000.00.
The acceptance of this negotiated infrastructure improvement proposal from the developer of Stone
Mountain Subdivision requires a reciprocal commitment by the City of Fayetteville. Fayetteville's
acceptance of the private participation will necessitate completion of other public improvements to fully
satisfy the needs of the Mount Sequoyah Water System. Such improvements are anticipated to include the
construction of additional elevated water storage capacity and a new water booster station, subject to
validation by the city's engineering consultant. Construction of capital improvements to correct the
Mount Sequoyah Pressure Plane deficiencies has been a long-standing need and continuing priority of the
Fayetteville water system. This public -private partnership reduces public expense for a necessary capital
improvement project. This arrangement leverages the effectiveness of public funds using private
development assistance, creating mutual benefits.
Scope of Work
The services listed below will be performed on an hourly rate and unit price basis. The activities being
authorized under the contact amount include:
Public Communications and Relations - The development and implementation of a public
communications program to address the needs of the impacted neighborhoods and other concerned
citizens. These efforts will include arranging meetings with the neighborhood association, public meeting
attendance, presentation of schematics; evaluation of public comments/concerns and developing a
consensus with the stakeholders. This effort will include preparation for and attendance at two
neighborhood association meetings, two ward meetings and one city council meeting. The effort will also
include the preparation of one public report complete with preliminary drawings, typical schematics and
other relevant information.
Preliminary Engineering Report - A written report supporting the project's need, scope and outcomes.
The report will include a description of system deficiencies, problem statements, evaluation of alternative
layouts, economic justification of recommended improvements, updated project cost prediction and
summation of benefits and outcomes. The report shall define the project in sound economic and
engineering terms, citing the specific benefits that will be realized.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-28 052303
Preliminary Design — Preliminary plans illustrating the recommended improvements, updated project
cost prediction and summation of benefits and outcomes. The Preliminary Design submittal shall include
a Basis of Design report, summarizing design criteria.
Engineering Field Surveys - Upon approval of the preliminary engineer's report on the project,
detailed engineering surveys shall be commenced under this scope of services. These surveys shall
include topographic surveys for one booster station site and two alternate tank sites, the development
of easement procurement needs (if required), the development of drawings and performing field work
required for a Lot Split (if required) and a Property Survey (if required) and schematic development
of the construction drawings.
Geotechnical Investigations - Upon approval of the preliminary engineer's report, geotechnical
investigations shall be commenced under this scope of services. The geotechnical services shall
include taking soil borings at one booster station site and two alternate tank sites, site clearing (if
required), and providing boring logs, foundation recommendations and a geotechnical report.
Final Design Phase — Upon approval of the preliminary engineering design, the final design shall be
commenced under this scope of services. The final design services shall include Plans and Specifications
(Bid Documents) for two separate contracts (one for the tank; one for the booster station), Owner
approvals, permits, State agency approvals, updated cost estimates and FAA compliance.
Bidding Phase - Upon approval of the final engineering design, the bidding phase shall be commenced
under this scope of services. The bidding phase services shall include the issuance of the Bid Documents,
Prebid conferences, attendance at the Bid Openings, preparation of the Bid Tabulations and
recommendation of Award of Contracts for the two separate contracts.
Construction Phase/Inspection Services - Once the project is bid, a detailed breakdown of additional
engineering services needed to complete the project shall be developed for review, approval and inclusion
in a contract amendment.
Fayetteville Mt. Sequoyah Pressure Plane Improvements Project Engineering Agreement
A-29 052303
MCEcONSUL TING
DESIGNED TO SERVE ENGINEERS, INC.
Updated 7/14/2004
2004 BILLING RATES
CATEGORY
Principal Engineer/Project Manager
*HOURLY
T 1Tt
$ 120.00
Project Engineer II
$
85.00
Project Engineer!
$
75.00
Electrical Engineer
$
95.00
Mechanical Engineer
$
95.00
Structural Engineer
$
95.00
Engineering Technician II
$
65.00
Engineering Technician I
$
35.00
Construction Observer II
$
65.00
Construction Observer I
$
38.00
Chief Draftsman
Draftsman
$ 60.00
$ 50.00
Computer Technician
$
55.00
Registered Land Surveyor
$
75.00
Survey Crew (2 -Man or 1-Man/Robotic)
$
100.00
Party Chief
$
45.00
Soils Lab Supervisor
Soils Lab Technician
Water Lab Supervisor
Water Lab Technician
Clerk/Typist
$ 52.00
$ 35.00
$ 50.00
$ 35.00
$ 40.00
P.O. Box 1229
Fayetteville, Arkansas 72702-1229
479-443-2377
FAX 479-443-9241
Mileage $
0.36
(New Contracts Effective July 13, 2004)
$
0.34
(Contracts Prior to July 13, 2004)
* Subject to adjustment annually, on/about January 1st.
C
McCLELLAND P.O. Box 1229
CONSULTING Fayetteville, Arkansas 72702-1229
INC479-587-1303
DESIGNED TO SERVE ENGINEERS, MATERIALS LABORATORY FAX 479-443-9241
CONSTRUCTION MATERIALS
LABORATORY
FEE SCHEDULE
February, 2004
GENERAL:
Laboratory Field Technician'
$ 35.00
per hour
AHTD-Qualified Technician*
40.00
per hour
Engineering Technician *
48.00
per hour
Senior Engineering Technician
62.00
per hour
Lab Supervisor
45.00
per hour
Consultation:
Lab Supervisor
45.00
per hour
Field Engineer
75.00
per hour
Project Engineer
85.00
per hour
Project Manager
105.00
per hour
Principal Engineer
120.00
per hour
Lab Report Preparation
35.00
per hour
SOILS
AHTD-Qualified Field Technician
40.00
per hour
Soils Field Technician (1 -hour minimum)
35.00
per hour
In -Place Compaction Test -Nuclear Gauge ASTM D 2922
Sample Pickup
Nuclear Density Gauge Fee (per project, per day)
20.00
each
Liquid Limit, Plastic Limit, Plasticity Index (3 point) ASTM D 4318
50.00
each
Sieve Analysis -Washed No. 2.00 (Wet) ASTM D 1140
35.00
per sieve
Sieve Analysis -Dry ASTM D 422
8.00
per sieve
Hydrometer Analysis ASTM D 422
90.00
each
Specific Gravity ASTM D 854
50.00
each
Soils Classification, Unified or AASHTO ASTM D 2487 or AASHTO M 145
110.00
each
Laboratory Maximum Compaction Test ASTM D 698 or AASHTO T 99
120.00
each
Laboratory Maximum Compaction Test ASTM D 1557 or AASHTO T 180
135.00
each
Potential Volume Change -Swell Pressure
100.00
each
California Bearing Ratio-CBR ASTM D 1883 (3 point) (Proctor curve additional)
150.00
each
Shrinkage ASTM D 427
50.00
each
Soil Bearing Capacity (Engineering Tech., 2 -hour minimum)
45.00
per hour
Non-ASTM Procedures Available On Request
CONCRETE:
Concrete Mix Design
Price on Request
Review Concrete Mix Design (Lab Supervisor)
45.00
per hour
Confirm Concrete Mix Design
Price on Request
Concrete Field Technicians (1 -hour minimum): [For any of the following 6 items:]
35.00
per hour
• Unit Weight and Yield of Freshly Mixed Concrete ASTM C 138
• Concrete Cylinder or Beam Molding ASTM C 31
• Concrete Cylinder or Beam Pickup
• Concrete Slump Test ASTM C 143
• Concrete Air Content Test ASTMC231 231 or C 173
• Cement Mortar or Group Sampling
AHTD-Qualified Concrete Technician: [For any of the foregoing 6 items:]
40.00
per hour
Compressive Strength of Concrete Test Cylinders ASTM C 39 (pad cap)
15.00
each
Compressive Strength of Concrete Test Cylinders ASTM C 39 (sulfur capped)
20.00
each
Spare Cylinders Specimens Processed but not Tested
10.00
each
Schmidt Hammer Testing (Engineering Tech, 2 -hour minimum)
45.00
per hour
' ACI Grade I Concrete Field Testing Technician
CMTMGEOTEcW4.n*NT-IM FW M Yyd j.
P.qa 1 of 2
McCLELLAND MCECONSUL eo. Box 1229
TING Fayetteville, Arkansas 72702-1229
ENGINEERS, INC. 479-443-1243
DESIGNED TO SERVE .MATERIALS LABORATORY FAX 479-443-9241
CONSTRUCTION MATERIALS LABORATORY
FEE SCHEDULE
February, 2004
CONCRETE (Continued)
Flexural Strength of Concrete Beams ASTM C 78 or C 293
30.00
each
Spare Beam Specimens Processed but not Tested
25.00
each
Compressive Strength of Grout Cubes
25.00
each
Compressive Strength of Cement Mortar Cubes
20.00
each
Concrete Coring (3" or 4"):
Core Machine & Lab Technician
65.00
per hour
Additional Lab Technician, as required
35.00
per hour
Compressive Strength of Concrete Cores (3" or 4")
30.00
each
Other Core Sizes
Price on Request
Aggregate Sieve Analysis:
Dry Sieve ASTM C 136
8.00
each
Wet Sieve ASTM C 117
35.00
each
Fineness Modules
25.00
each
Decantation
35.00
each
Deleterious Materials
60.00
each
Specific Gravity and Absorption of Aggregate ASTM C 127 & C 128
85.00
each
Dry Rodded Unit Weight of Aggregate ASTM C 29
60.00
each
Sodium or Magnesium Sulfate Soundness (5 cycles) ASTM C 88
300.00
each
Additional Cycles
50.00
each
ASPHALT:
Asphalt Mix Design
Price on Request
Review Asphalt Mix Design (Sr. Engr. Technican)
65.00
per hour
Asphalt Field Technician
In -Place Compaction Test -Nuclear Gauge (Lab Technician)
35.00
per hour
Sample Pickup
35.00
per hour
Marshall Test including Stability, Flow, Laboratory Density, Percent Air Voids,
Percent Voids in Mineral Aggregate (3 specimens per test)
300.00
each
Extraction including percent Bitumen and Aggregate Gradation
200.00
each
Laboratory Density of Cored Plugs including Depth Measurement
25.00
each
Asphalt Coring (3" or 4"):
Core Machine & Lab Technician
65.00
per hour
Additional Lab Technician, if required
35.00
per hour
Sample Pickup
35.00
per hour
FIREPROOFING:
Unit Weight, Bonding Strength, Thickness and Sampling
(actual time required for Lab Technicians)
35.00
per hour/Tech.
Report Preparation (Lab Supervisor)
45.00
per hour
STRUCTURAL STEEL:
Bolt Torque Testing: Lab Technician(s)
35.00
per hour
Field Engineer
75.00
per hour
Pneumatic Torque Wrench Calibration (twice per day)
50.00
each
Visual Weld Inspection Field Engineer
85.00
per hour
Services not Listed are Available on Request
All prices are subject to revision each year
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STAFF RIEW FORM - FINANCIAL OBLIGATIO
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: October5,2004
FROM:
Boettcher
Water/Wastewater
Water/Wastewater
Name Division Department
ACTION REQUIRED: Passage of resolution approving a contract with McClelland Consulting
Engineers, Inc. , for design and bidding phase services for Mount Sequoyah Pressure Plane
Improvements Project.
COST TO CITY:
$142,310.00
Cost of this request
5400.5700.5314.00
Account Number
$ 271,427.00
Category/Project Budget
Funds Used to Date
04036 $ 27/ y2.7. 00
Project Number Remaining Balance
BUDGET REVIEW: Budgeted Item
7Ze ,s r
Aeudget Manager Date
Water/Wastewater
Program Category / Project Name
Water/Wastewater
Program / Project Category Name
Water and Sewer
Fund Name
Budget Adjustment Attached
CONT CT/GRANT/LEASE REVIEW:
____? o
Acco in ,Manag9tt Date Internal Auditor Date
%/IG aH I C1 /100_
City orney Date Purchasing Manager Date
STAFF RECOMMENDATION:
Finance & jnternal Services Dir.
ve Officer
Mayor
Received in Mayor's Office 9� O�
Date Date(
/,s Q Cross Reference:
Date
Previous Ord/Res#:
Date Orig. Contract Date:
9 172 Orig. Contract Number:
Date
New Item: Yes No
Z
Date
ye ek NSAS
Water and Wastewater Department
TO: Fayetteville City Council
NIORANDUM
September 30, 2004
COPY TO: Hugh Earnest, David Jurgens
FROM: Greg Boettcher, Water and Wastewater
SUBJECT: October Agenda Items -Summary Information
Being unable to attend the City Council Agenda Session on September 28, 2004
(Farmington Mediation Meeting in Bentonville), the Sewer Committee suggested that the
attached information be shared with all of the City Council. In an abbreviated form, I
offer the following for your further awareness and information:
McClelland Engineering Contract -The contract covers planning, design and bidding .
phases of the Mount Sequoyah Pressure Plane Improvements Project. These services
were included in the project's 2004 budget.
Multi -Craft Contract Awards -These bids relate to the rebuilding of the Wiese -Flow
Screens and the replacement of a secondary clarifier mechanism at the Noland
Wastewater Plant. These activities are funded by the 2004 capital improvements budget
for the treatment plant.
Wiese -Flow Screen at Noland Wastewater Plant -To be rebuilt
Water and Wastewater Department
Clarifier No. 1 Mechanism -To be replaced
RORANDUM
September 30, 2004
Sales and Use Bond for Wastewater System Improvements Project -Sale of the
additional private market sales tax bonds has been coordinated with the Arkansas Soil
and Water Conservation Commission and is to be accomplished with equivalent
financing costs. Favorable tax receipts have retired the initial issue more rapidly than
predicted necessitating issuance of the second issue to protect the city's right to
continue collection of the approved'/. -cent sales tax for debt retirement purposes. The
wastewater improvements project continues to advance on schedule and will be
expedited by the expanded use of the private placement bonds. It is planned to
construct all of the east side pipelines and plant work using only city funds, removing the
approvals by ASWCC from the east projects' requirements and streamlining these
portions of the project. An updated project split, a predicted project schedule and the
anticipated cash flows from the various sources are included for reference. It is
expected that the Department of Health approval of Contract EL -1 will be forthcoming in
the next few weeks allowing this work to be released for bids. The design of the west
side treatment plant has been completed and is not under review by the various state
agencies.
If there are questions on any of the current agenda items, please do not hesitate to
contact me at 575-8302.
FAYETTEVILLE ARKANSAS
WASTEWATER SYSTEM IMPROVEMENT PROGRAM
BURNS a: MCDONNELL PROGRAM MANAGEMENT TEAM
To: GREG BOETTCHER
FROM: JERRY SONDEREGGER
DATE: SEPTEMBER 28, 2004
SUBJECT. PROJECT SPLIT/FUNDING STRATEGY BMcD FILE No.: ILM
EXECUTIVE SUMMARY
In response to your request of September 24, 2004, Burns & McDonnell is providing
our recommendation on the allocation of funding sources for the Fayetteville
Wastewater System Improvement Project. Burns & McDonnell proposes that the
following project elements be funded from City funds:
• All Design and Bidding Phase Professional Services
• All Construction Phase Professional Services
• Construction of Projects EL -1, EL -2, EL -3, EP -1, and EP -2
• All funds allocated to project contingencies
• All land acquisition
Under this distribution, the City -funded portion of the Project would total
approximately $55.8 million and the RLF-funded projects would total approximately
$69.2 million.
Five Tables and
Figures are attached to
illustrate our recommendation:
• Table 1.
Proposed Project
Split
• Figure 1.
Expected
Construction
Periods
• Table 2.
Cash Flow
Chart
- City
Funded Projects
• Table 3.
Cash Flow
Chart
- RLF
Funded Projects
• Table 4.
Cash Flow
Chart
- Combined City and RLF Funded Projects.
The goal of the project distribution was to be able to identify a group of projects that
could be advertised quickly, generally not be dependent on initiation of other
projects, and be less than or equal to the City's bond issues of $55 million to $60
million. The project split should not require reimbursement from the RLF for land
acquisition or professional services. Using these criteria, the recommended
FAYETTEVILLE ARKANSAS
WASTEWATER SYSTEM IMPROVEMENT PROJECT
PAGE2
allocation of projects between the two funding sources is shown in Table 1. Although
using private funds will allow the City to act more quickly in advertising these
projects for bid, the East collection system projects and the Noland Solids Handling
project selected for funding by the City will still be required to be reviewed and
approved by the Arkansas Department of Health. Additionally, the Solids Handling
project must also go to ADEQ for approval before construction. Even though the
selected projects are not required to be reviewed by ASWCC, it is recommended that
all projects be sent to ASWCC for information and to demonstrate how the City is
proceeding with the overall program.
STATUS OF INITIALLY SELECTED PROJECTS
EL EL=i. The Pump Station 13, 14, 16, and 19 project has reached the 99 percent level
of completion and is now at Burns & McDonnell, ASWCC, and the Arkansas
Department of Health for final review and approval to advertise. All right-of-way and
land procurement has been completed for this project. The Corps of Engineers
Nationwide 12 Permit has not been received, but the City may proceed with
advertisement when appropriate notice of your intent is given to the Corps. The
FONSI has not been received from ADEQ, but is not a requirement for privately
funded projects. The Work formerly known as Project EL -4 has been incorporated
into EL -1 by addendum. Work remaining for Garver Engineers to accomplish before
advertisement includes final edits to the Project Manual such as entering the date
Bids will be received; the Pre -bid Conference date; addressing the final editorial
comments
of ADH, the City, and
BMcD;
and preparing an additional addendum
addressing
the changes effected
by the
modified funding strategy. This will include
deleting certain
ASWCC contract
conditions
and requirements.
EL EL=2. The Line 7 Project has also undergone the initial review of the final design by
BMcD, ASWCC, and the ADH. It is expected that it will be ready for the second and
final submittal within two weeks. The status comments provided for EL -1 above also
apply to Line 7.
EL EL=3. The Line 4 project lags the other two Garver projects by about four months
and is not scheduled to be submitted for the initial review of the final design until
November 15, 2004.
FAYETTEVILLE ARKANSAS
WASTEWATER SYSTEM IMPROVEMENT PROJECT
PAGES
EP EP1. The Wet Weather Improvements project probably has the lowest overall
priority and is not recommended for advertisement until the City has received
sufficient bids for other work to judge whether enough funds will remain for
construction of this project. For this reason, among the other criteria cited, it is
suggested that EP -1 be funded by the City portion of the funds and held until the
first or second quarter of 2005 before making a decision on whether to proceed with
this work
EP EP2. The Solids Handling and Headworks Improvements project is scheduled for
the first review of the final design on October 19, 2004. Under this plan for
separating the East and West Projects, it is possible that EP -2 may be available to
advertise before the West Side plant, and as such, will establish the brand of
perforated screens to be specified at the West plant as well as the Noland plant. The
belt filter press negotiation will be completed shortly and the price for the one new
press at Noland can be entered in the Bid Form.
CASH FLOW PROJECTIONS
Three cash flow charts are provided. Table 2 indicates the projected costs for that
portion of the program paid for using City funds. Table 3 shows only the portion of
the program paid for using RLF-provided funds, and Table 4 combines the two into
one cash flow projection.
In order to correctly sum project expenditures to date and extend the cash flow
projections into the future, the attached graphs begin in the month of July 2003, the
initiation of the project, and end in the first quarter of 2007. The monthly amount of
funds expended from July 2003 through August 2004 date are comprised of the
actual payments made to the four design consultants, ECO, CH2M Hill, and Bums &
McDonnell for Design and Bidding Phase Professional Services. Beginning in
September 2004, the amount remaining in each Professional Service Agreement is
prorated over the next four to seven months, depending on when the construction
phase of each firm is initiated.
Estimated construction periods are shown on Figure 1. Using the latest opinions of
probable construction costs received from the Consultants, the projected
construction expenditures are distributed across the construction period. Added to
FAYETTEVILLE ARKANSAS
WASTEWATER SYSTEM IMPROVEMENT PROJECT
PAGE 4
this value each month are Construction Phase Professional Services, estimated to be
four percent of the respective construction contracts for that month. Lacking any
better method of allocating the land acquisition costs, the original estimate of
$1,676,000 has been distributed uniformly over 16 months beginning in September
2004 and ending in December 2005.
TABLE 1
PROPOSED PROJECT SPLIT
PROJECT OR SERVICE
CITY FUNDED, $
RLF FUNDED,$
All Design and Bid Phase Professional Services
13,581,211
0
All Land Acquisition
1,676,000
0
Construction of EL -1
1,242,397
0
Construction of EL -2
10,105,590
0
Construction of EL -3
4,160,125
0
Construction of EP -1
982,288
0
Construction of EP -2
13,726,596
0
Construction Contingencies
4,606,630
0
All Construction Phase Professional Services
5,716,624
0
Construction of WP -2
0
250,000
Construction of WP -3
0
41,217,962
Construction of WL-1
0
2,719,807
Construction of WL-2
0
3,157,891
Construction of WL-3
0
2,008,879
Construction of WL-4
0
9,776,779
Construction of WL-5
0
5,435,870
Construction of WL-6
0
3,722,027
Construction of WL-7
0
913,333
TOTAL
$55,797,461
$69,202,548
The referenced Tables 2, 3, and 4 are appended on the following pages. We hope
this report accomplishes what you needed and if we may further explain our
assumptions or if you desire the information to be in a different format, please call
me.
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DESIGN PROGRESSION ON WASTEWATER DESIGN CONTRACTS
SEPTEMBER X04
70
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is 40
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10
INDIVIDUAL CONTRACTS
Rmtment Plan (WP -
I Wet WaNlw tnpmemmna (EP -1)
I Solids Herding lnproremerb (EP3)
I Hmdworks Irnpovemenb (EP -2)
b Oki Wle (NL-1)
b Pcplarto Van Asc e(WL-2)
ertlg b PaM (VL-3)
Crhg to Gregg (WL4)
9rhg ram Moll to Hem (W1 -S
SeBaa 13 ad 19 (EL -1)
Smton (WL-7)
3egme 13 end 19 (EL -1)
HOOwv to Noland Plant (EL -2)
it Happy Hollow (EL -3)
fro Statbro 14, 18 and 18 (ELI)
FAYETTEeILLE �
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_clerk@ci.fayetteviIle.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Greg Boettcher
WaterNVastewater Director
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: October 11. 2004
Re: Resolution No. 151-04
The City Council passed the above resolution October 5, 2004, approving a
contract with McClelland Consulting Engineers, Inc. for Mt. Sequoyah Pressure
Plane Improvements Project. I have attached a copy of the resolution with two of
three originals.
This resolution
will be
recorded
in the city
clerk's office and microfilmed. If
anything
else is
needed
please
let
the
clerk's
office
know.
Attachment(s)
cc: Nancy Smith, Internal Auditor