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HomeMy WebLinkAbout13-05 RESOLUTION• RESOLUTION NO. 1 3- 0 5 A RESOLUTION APPROVING A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $22,800.00 FOR SURVEY AND PRELIMINARY DESIGN SERVICES FOR WATER AND SEWER RELOCATION FOR HIGHWAY IMPROVEMENTS TO RAZORBACK ROAD. 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 a contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $22,800.00 for survey and preliminary design services for water and sewer relocation for highway improvements to Razorback Road. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 18th day of January 2005. SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, May +++Snn�nu►,,i .��'11YOF'ccl U • • •mss - ; FAY ETT EVILi. • te.; ' • AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And MCCLELLAND CONSULTING ENGINEERS, INC. FAYETTEVILLE, ARKANSAS THIS AGREEMENT is made as of clamant 1S/ , 204, -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 Highway 112 (Razorback Road) Water and Sewer Main Relocation Project and in particular, relocation of water and sewer mains beginning at the intersection of Highway 112 and 15th Street, proceeding north along Highway 112 to the intersection of Highway 112 and 6th Street, said work to correspond to the scope of highway improvements being planned by the Arkansas Highway and Transportation Department, Job No. 040399 (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. FY042166 Razorback Road Water and Sewer Relocation Engineering Contract.doc • 1 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of McClelland. 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 Preliminary Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by McClelland during the Final Design Phase, if any, will be finalized and contained in an amendment to this Agreement after Preliminary Design is completed. 2.1.1.3 The Scope of Services to be furnished by McClelland during the Bidding Phase, if any, will be finalized and contained in an amendment to this Agreement after Preliminary Design is completed. 2.1.1.4 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 Preliminary Design is completed. 2.1.1.5 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 Preliminary Design is completed. Razorback Road Water and Sewer Relocation Engineering Contract.doc 2 • • 2.2 Preliminary Design Phase 2.2.1 The Preliminary Design Phase will consist of an engineering feasibility study on the water line relocation strategy for the Project, the evaluation of alternatives, the development of a comprehensive project cost estimate, the establishment of financial responsibilities for utility relocation (CITY OF FAYETTEVILLE and/or AHTD), the creation of a project schedule, the correlation of water and sewer preliminary plans with the CITY OF FAYETTEVILLE's master utility plans, the acquisition of approvals from CITY OF FAYETTEVLLE for the preliminary design, the completion of detailed surveys for engineering design, the development of right-of-way procurement needs, leading up to the commencement of final design for the Project. 2.3 Final Design Phase 2.3.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related documents. 2.3.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for the Arkansas Highway and Transportation Department. 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. 2.3.1.2 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 preliminary design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF Razorback Road Water and Sewer Relocation Engineering Contract.doc 3 • • 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. 2.3.1.3 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 design. 2.3.1.4 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. 2.3.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist in securing approvals. Approval letters and permits shall be furnished to the Arkansas Highway and Transportation Department, including the written approval from the Arkansas Department of Health. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 2.3.2.1 Arkansas Highway and Transportation Department (AHTD) 2.3.2.2 Arkansas Department of Health (ADH) 2.3.3 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. 2.3.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing and close out. Razorback Road Water and Sewer Relocation Engineering Contract.doc 4 • i 2.3.5 Furnish CITY OF FAYETTEVILLE with 5 copies of the final Bid Documents. 2.3.6 Determine land and easement requirements and provide consultation and assistance on property procurement and easement preparation as related to professional engineering services being performed. 2.3.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.3.8 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 2.4 Bidding Phase 2.4.1 McClelland will follow City of Fayetteville's bidding protocol for capital improvement projects and be coordinated with the Arkansas Highway and Transportation Department. 2.4.2 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. 2.4.3 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. 2.4.4 Secure updated applicable wage rate decisions and incorporate into the Bid Documents. Update wage rate decision by addendum if necessary. 2.4.4.1 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 5 i • from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. 2.4.5 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. 2.4.6 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 2.4.7 Make recommendations regarding award of construction contracts. 2.4.8 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. 2.4.9 Develop and include in Appendix B of this Agreement, a bidding services 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 the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period of each sub -project and the discrete milestone activities which make up the sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, and Insurance. McClelland shall assign to each schedule activity of the bidding services schedule a corresponding cost value which shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.2. of this Agreement. 2.4.10 See Attachment A for additional services or clarification of services to be provided by McClelland. 2.5 Construction Phase 2.5.1 The scope of Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. Razorback Road Water and Sewer Relocation Engineering Contract.doc 6 • 2.6 Post -Construction Phase 2.6.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.7 Resident Services During Construction 2.7.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design 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. 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 7 • 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. I 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. 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 8 • • 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. 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 Highway 112 Water and Sewer Main Relocation 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 [f 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 9 • • 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 6.1.1 Preliminary Design Phase Services For the Scope of Services during the Preliminary Design Phase described herein, CITY OF FAYETTEVILLE authorizes twenty-two thousand eight hundred dollars ($22,800.00) as compensation for the scope of work set forth in Attachment A. Engineer will be compensated based upon cost reimbursement, plus profit, the current 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 twenty-two thousand eight hundred dollars ($22,800.00). 6.1.1.1 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; 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 10 • • 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. 6.1.2 Final Design 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 Preliminary Phase Services. 6.1.3 Bidding 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 Preliminary Phase Services. 6.1.4 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 Preliminary Phase Services. 6.1.5 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Preliminary Phase Services. 6.1.6 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Preliminary Phase Services. 6.1.7 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 11 • 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 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 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 12 • 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 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 13 • 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, 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 14 • . 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. 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 15 • • 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. 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 16 1 • 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. 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 7.1 1.1 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 17 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 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 18 * • 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 or the Arkansas Highway and Transportation Department's (AHTD'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. Neither CITY OF FAYETTEVILLE's nor AHTD's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 19 • f 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 Arkansas Highway and Transportation Department, 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 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: Razorback Road Water and Sewer Relocation Engineering Contract.doc 20 0 0 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, 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 21 0 . 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; (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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 22 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 NAM lla C En ineers Inc. SIGNATUR • DATE: 1 - PRINTED NAME: John C. Ouinn, P.E. TITLE: President 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. "t"/T�''�., CITY C ,�-a,• C��Y p,� .G�;.` By: ;FAYETTEVILLE; ATTES McClelland nsulting E 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 23 0 Attachment A Scope of Service for Preliminary Design Phase Water and Sewer Line Relocation Project -Razorback Road Arkansas Highway and Transportation Department Highway 112 Improvements, AHTD Job No. 040399 Project Background The City of Fayetteville owns the water and sanitary sewer networks serving the Razorback Road area and is responsible for their operation, maintenance and improvement. The Arkansas Highway and Transportation Department programmed Highway 112 for widening, beginning at the intersection of Highway 112 and 15`" Street proceeding north along Highway 112 to 6`h Street. The proposed AHTD project area contains water and sewer mains owned by the City of Fayetteville, such lines forming the backbone of the piping network servicing this area. Due to the interconnections of other distribution lines and the critical nature of the current pipelines; new parallel lines (out of the highway construction areas) must be planned. Due to the short timeline for completion of this project and the workload of the city's engineering department; the City of Fayetteville will contract the engineering services to a private consultant. The immediate needs relate to completion of a preliminary design for the project and the commencement of final design surveys. Scope of Work for Preliminary Design Services The preliminary design services shall define the scope, nature, extent, costs and schedule for the project; therefore, this initial phase will be performed on an hourly rate basis. Due to the schedule challenges for this project, the preliminary design includes allowances for the commencement of certain final design elements; avoiding delays while negotiation of the final design phase services are being completed. The activities being authorized under the contact amount include: Preliminary Engineering Report -A written report will detail the project's need, scope and outcomes. This report will include a description of existing facilities, evaluation of feasible alternatives, economic justification of recommended improvements, project cost prediction, project schedule, project right-of-way needs and summation of recommendations. The report shall define the project in sound economic and engineering terms, citing the specific benefits that will be realized. Engineering Field Surveys- Detailed engineering surveys shall be commenced under this scope of services. These surveys shall include topographic and level surveys, utility location verification, correlation of surveys with planned Highway 112 improvements by the Arkansas Highway and Transportation Department and schematic development of the construction drawings. Project Right -of -Way Requirements -Upon approval of the preliminary engineer's report and confirmation of new utility easement needs (permanent and temporary), the preliminary design services will advise Fayetteville of needed procurements. Final Design Phase/Bidding Phase/Construction Phase/Inspection Services -Once the scope of the project is defined, a detailed breakdown of additional engineering services needed to complete the project shall be developed for review, approval and inclusion in a contract amendment. Final design shall include the creation of necessary easement documents. Razorback Road Water and Sewer Relocation Engineering Contract.doc 24 • ATTACHMENT B FEE PROPOSAL PLANNING AND PRELIMINARY DESIGN SERVICES AS DEFINED IN ATTACHMENT A FOR WATER AND SEWER SYSTEM RELOCATIONS IN CONJUNCTION WITH ARKANSAS HIGHWAY 112 WIDENING AHTD JOB NO. 040399 CITY OF FAYETTEVILLE WATER AND SEWER MAINS ALONG RAZORBACK ROAD ACTUAL LABOR CLASSIFICATION TIME LABOR RATE EXTENDED Principal Engineer 6 hrs $41.111hr $246.66 Project Manager 74 hrs $37.50/hr $2,775.00 Project Engineer 10 hrs $26.44/hr $264.40 Senior Engineering Tech 8 hrs $21.50/hr $172.00 Engineering Tech 10 hrs $14.75/hr $147.50 Chief Draftsman 18 his $17.60/hr $316.80 Junior Draftsman 60 hrs $13.40/hr $804.00 Survey Supervisor 12 hrs $19.001hr $228.00 Survey Crew (2 man) 48 his $26.50/hr $1,272.00 Computer Tech 22 hrs $18.25/hr $401.50 Clerical Support 20 hrs $12.60/hr $252.00 Direct Labor $6,879.86 Payroll Expenses (34.23%) $2,354.98 Subtotal, Direct Payroll $9,234.84 Travel 60 miles @ $0.34/mi $20.40 Reproduction $250.00 Materials and Supplies $65.00 Subtotal, Direct Cost $9,570.24 Indirect Costs (112.79%) $10,794.27 Subtotal, Direct and Indirect $20,364.51 Profit $2,435.49 Total Planning and Preliminary Design Cost $22,800.00 Note: Actual labor rates for billing purposes will match the rates paid to the employee performing the services and shall be subject to annual labor rate increases. FY042166 Attachment B 25 n S ATTACHMENT C During the performance of this contract, McClelland Consulting Engineers, Inc., for itself, its assignees and successors in interest hereinafter referred to as "McClelland" agrees as follows: 1. Compliance with Regulations: McClelland shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: McClelland, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, national origin, or handicap, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. McClelland shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by McClelland for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by McClelland of McClelland's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, national original, or handicap. 4. Information and Reports: McClelland shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of McClelland is in the exclusive possession of another who fails or refuses to furnish this information, McClelland shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. FY042166 Attachment C PZ ] 4 . . 5. Sanctions for Noncompliance: In the event of McClelland's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but no limited to: a) withholding of payments to McClelland under the contract until the contractor complies, and/or b) cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: McClelland shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. McClelland shall take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event McClelland becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, McClelland may request the State Highway Department to enter into such litigation to protect the interests of the State, and, in addition, McClelland may request the United States to enter into such litigation to protect the interest of the United States. FY042166 Attachment C 27 ■ 0 e © cl ® k § ® %c'ik/§i k a E c4 g c c O1>. ,-o• Q m �� 2 2 m a- 2U) c. o m0 EU. O / & �a O _) z po O � BCD 2 00z Co «z��R a0 4- O 0 Lu0-1m'U # ) ° 0 ww u Eo Co IL _ §22 O c q 0 0 2 $ Q LL. U.R w E >. U) U. ��$ @ §' f 0. 2k� � tea% 0) O : / �. lw m kaa 0 z co C k 2 • 0 APPENDIX B BIDDING SERVICES SCHEDULE WATER AND SEWER MAIN RELOCATION PROJECT AHTD JOB NO. 040399 FAYETTEVILLE'S WATER AND SEWER MAINS ALONG RAZORBACK ROAD This schedule will be developed, if required, as part of the Final Design Phase Services, if they are so authorized. FY042166 APPENDIX B 29 DES - City Council Meeting of January 18, 2005 /3-05 Jl1 !k1k c1 rh..[ e j zoo beak d CITY COUNCIL AGENDA MEMO To: Mayor and City Council From: Greg Boettcher Water/Wastewater Director Date: December 20, 2004 Subject: Resolution approving a contract with McClelland Consulting Engineers, Inc. for surveys and preliminary design services for water and sewer relocation for Razorback Road highway improvements project by AHTD. RECOMMENDATION Fayetteville City Administration recommends approval of an authorization totalling $22,800.00, said amount being the face value of a proposed contract with McClelland Consulting Engineers of Fayetteville, Arkansas. BACKGROUND The Arkansas Highway and Transportation Department has informed the City of Fayetteville of its plan to widen and improve State Highway 112 (Razorback Road) beginning at the Sixth Street intersection and continuing south to the Fifteenth Street intersection. AHTD's project is identified by Job No. 040399 and is slated for bidding in 2005. Fayetteville owns water and sanitary sewer infrastructure that parallels and crosses the existing highway; and may be required to relocate various water and sewer facilties in conflict with the planned highway construction. The financial responsibility for the relocation costs will be allocated according to the City's right of occupancy. For example, if the existing pipeline is in a dedicated easement outside the AHTD right-of- way, AHTD will bear all costs for that pipeline's relocation (engineering and construction). It is expected that this project will involve blended financial responsiblities between AHTD and the City of Fayetteville. With the planned 2005 bidding of the highway improvements and the need to relocate the utilities prior to highway construction, this work must proceed on a tight schedule. A seiction committee meeting on November 5, 2004 selected McClelland Consulting Engineers to provide the field surveys and preliminary planning for this utility relocation project (see attached letter of November 8, 2004). A contract has been negotiated with McClelland Consulting Engineers (copy attached) wherein the services will be provided for a not -to -exceed cost of $54,000.00. DISCUSSION This preliminary planning cost is in the 2005 budget. Due to staffing vacancies and existing workloads, the utility relocation surveys and preliminary planning cannot be managed by existing engineering staff without compromising progress on other capital improvement projects. With the short timeline for completion and the need to continue progress on programmed capital projects, this relocation project must be outsourced to • City Council Meetin!of January 18, 2005 'tty1e private consultants. The scope of the work is detailed in the proposed agreement, but may be summarized as follows: > field surveys to confirm right-of-ways and utility locations > preliminary engineering plan for the water line relocation work > project cost estimate with AHTD and Fayetteville shares predicted ➢ project right-of-way needs > project schedule > schematic engineering design As the project scope and costs become defined, the proposed contract will need to be modified to address the detailed engineering design (engineering drawings, contract documents, specifications, bidding phase services, construction phase services, project inspection services and as -built record drawings); or the city may find that it is able to complete the final design using inhouse resources. These future services cannot be defined at this early stage of the project, necessitating this later evaluation. The current scope of services will allow the critical design informaiton to be compiled while the City evaluates alternatives for completion of the final design. This preliminary planning activity allows the project to advance without delays. BUDGET IMPACT The $22,800.00 in initial engineering costs are included in the 2005 budget. RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $22,800.00 FOR SURVEY AND PRELIMINARY DESIGN SERVICES FOR WATER AND SEWER RELOCATION FOR HIGHWAY IMPROVEMENTS TO RAZORBACK ROAD. 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 a contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $22,800.00 for survey and preliminary design services for water and sewer relocation for highway improvements to Razorback Road. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof. I F 0 i 1'i 0 zi z!- wa wlf w a r 4ioic LU LU z ¢, aIiI m `�I r � I V LU ::� x zz 00 zz 0 oo O 007 x x (0 x x x z inwcn aa¢a¢ Co LU o A v 4r tiirn 610 � n q q H 10 io ' 0 0 >- LL N NIN N N N LL LL 11 4 � 3 N�oIO�� I` '-TI I ! I i � IIr I f �oioiol�lS�,� LU ii� I E III' aloi000[ ;zi s zt n r-)Ir-) ra n 'In { fn 0 • ! fns in -n in in .n �. I- � z Iry �j r rlr W rli I LLt I E LLII�.ILLI j ! I I � I II41II i j zlzl i k (2p w w (21 i iE I FC O t� [C w m to V Vi to s rri z� i z � f 1 1 I I �E iv; i 1 z LU O` lFI�I ILU � �z — j I ; ! 1 wo ! FEZ c {mill LUla�lz of "Izla a [ii LU �Cw w Da¢rJ. arnC71 i 2OU��i [n z z IV^il Fri Z a w N [ zz- � `� a �•�' ¢ 0 0 r r r Iz rm lr lm cr mlp W O U i N N s Zia'�II� �entn Wlcni mm[ xtYY00[ rya pl rKl ��' S2 2 �I�I =I0 0 crI I t i 0000 o:ni 00000i NI 0 0 0 01�f I 0 0 0 0 0[ mE { ¢ ¢ ¢ ¢ ¢ I '- {oI� zzzzz € E�E IlIgl f1 II i' zzzlz z'l O O 0010 x�i: zzzzz(O ww www q' of mIw Cw, oI� iIN! 0 0 o�o�oio� mrnmimrn I o�otq,OlOiCL I, ill ! I .0 In InjIn0L0I 22 i i I i I II z z Z z 2 z LIh I 0 a L z LU Y w Z O a z w 0 O 0 a LU LU 0 w z 0 0 o � 0 0 v 1 NI 0 - lu 000 z z Z z 2 a- x x 2 r m-3 w J n a November 8, 2004 Mr. Robert White, P.E. McClelland Consulting Engineers, Inc. PO Box 1229 Fayetteville, Arkansas 72702 RE: Municipal Utility Relocation Plan AHTD Highway Improvement Wedington Drive and Razorback Road Dear Mr. White: On Friday, November 5, 2004 an engineering selection committee approved McClelland Consulting Engineers as the consultant for water and sanitary sewer relocation planning in connection with upcoming Arkansas Highway and Transportation Department road improvements. The specific AHTD projects for which services are being considered include: Wedington Drive -Meadowlands to Double Springs Razorback Road -IS" to 6" Streets The anticipated scope of services will include the following elements: 1. Perform preliminary field surveys of project locations to define the current rights -of -way limits, existing municipal utility easements, spot locations of existing water and sanitary sewer facilities and develop preliminary schematic plan of current facilities and rights -of -ways. 2. Analyze preliminary AHTD concept plans and identify municipal water and sewer facilities that require location. 3. Evaluate water and sewer facility relocation activities with respect to the entity that will have financial responsibility for utility relocation, (City of Fayetteville and /or AHTD). 4. Correlate water and sanitary sewer relocation activities with Fayetteville's master utility plans and with staff opinions. From such correlation it will be determined which pipelines will need to be upsized when relocated and the recommended size for the new facilities. Incorporate all upsizing costs into the financial analysis, noting portion of cost to be assigned to Fayetteville for betterments. 5. Prepare schematic relocation plan for impacted water and sewer facilities showing new routes, sizes, and inter -connects. 6. Develop a project schedule, integrated with the anticipated AHTD project schedules, showing key tasks and timelines. A separate schedule is to be prepared for each relocation project. 7. Consolidate the above concept plans, analysis, schedules, improvement layouts, cost predictions and cost allocations into a concise "Phase 1 -Relocation Plan Report for the Wedington/Razorback Highway Projects". This report will be presented to the Fayetteville Sewer Committee and then the City Council for information, budget adjustment and authorization to proceed. At least 20 copies of this final bound report, will be required. Upon city approval, copies will also be distributed to AHTD. 8. Develop a contract proposal, complete with a not -to -exceed cost, a description of services, a schedule and the means of compensation (lump sum, hourly or cost plus fixed fee). The City of Fayetteville's standard agreement shall be used for contacting such services. A copy of the form can be furnished, if needed. Please be advised that this selection committee recommendation does not constitute any authorization to incur costs and does not guarantee approval of a professional services contract with the City of Fayetteville. Final decision and authorization rests solely with the Fayetteville City Council. Should this letter not fully detail the current needs of the City with respect to this project, we will be most happy to meet with representatives of McClelland Consulting Engineers to address questions and clarify the scope. It is to be noted that the approval of the Phase 1 scope of services does not constitute a commitment by the City of Fayetteville to authorize further services, to proceed with the project(s) or commit the City to any actions outside the scope set forth in the approved agreement for professional services. Congratulations on being selected to provide engineering services for the City of Fayetteville. Should this scope of work not be of interest, or should McClelland not be able to complete these services in a timely manner, please promptly advise me of such decision. Otherwise I will look forward to hearing from you regarding this matter. Sincerely, City of Fayetteville Greg Boettcher, P.E. Water and Wastewater Director cc: Hugh Earnest, Tim Conklin, David Jurgens, Ron Petrie, Peggy Vice - 2 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 Highway 112 (Razorback Road) Water and Sewer Main Relocation Project and in particular, relocation of water and sewer mains beginning at the intersection of Highway 112 and 15'h Street, proceeding north along Highway 112 to the intersection of Highway 112 and 6`' Street, said work to correspond to the scope of highway improvements being planned by the Arkansas Highway and Transportation Department, Job No. 040399 (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. FY042166 Razorback Road Water and Sewer Relocation Engineering Contract.doc 0 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of McClelland. 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 Preliminary Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by McCIelland during the Final Design Phase, if any, will be finalized and contained in an amendment to this Agreement after Preliminary Design is completed. 2.1.1.3 The Scope of Services to be furnished by McClelland during the Bidding Phase, if any, will be finalized and contained in an amendment to this Agreement after Preliminary Design is completed. 2.1.1.4 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 Preliminary Design is completed. 2.1.1.5 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 Preliminary Design is completed. Razorback Road Water and Sewer Relocation Engineering Contract.doc 2 I 0 2.2 Preliminary Design Phase 2.2.1 The Preliminary Design Phase will consist of an engineering feasibility study on the water line relocation strategy for the Project, the evaluation of alternatives, the development of a comprehensive project cost estimate, the establishment of financial responsibilities for utility relocation (CITY OF FAYETTEVILLE and/or AHTD), the creation of a project schedule, the correlation of water and sewer preliminary plans with the CITY OF FAYETTEVILLE's master utility plans, the acquisition of approvals from CITY OF FAYETTEVLLE for the preliminary design, the completion of detailed surveys for engineering design, the development of right-of-way procurement needs, leading up to the commencement of final design for the Project. 2.3 Final Design Phase 2.3.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related documents. 2.3.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for the Arkansas Highway and Transportation Department. 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. 2.3.1.2 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 preliminary design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF Razorback Road Water and Sewer Relocation Engineering Contract.doc 0 0 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. 2.3.1.3 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 design. 2.3.1.4 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. 2.3.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist in securing approvals. Approval letters and permits shall be furnished to the Arkansas Highway and Transportation Department, including the written approval from the Arkansas Department of Health. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 2.3.2.1 Arkansas Highway and Transportation Department (AHTD) 2.3.2.2 Arkansas Department of Health (ADH) 2.3.3 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. 2.3.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing and close out. Razorback Road Water and Sewer Relocation Engineering Contract.doc 2.3.5 Furnish CITY OF FAYETTEVILLE with 5 copies of the final Bid Documents. 2.3.6 Determine land and easement requirements and provide consultation and assistance on property procurement and easement preparation as related to professional engineering services being performed. 2.3.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.3.8 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 2.4 Bidding Phase 2.4.1 McClelland will follow City of Fayetteville's bidding protocol for capital improvement projects and be coordinated with the Arkansas Highway and Transportation Department. 2.4.2 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. 2.4.3 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. 2.4.4 Secure updated applicable wage rate decisions and incorporate into the Bid Documents. Update wage rate decision by addendum if necessary. 2.4.4.1 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc fl 0 from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. 2.4.5 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. 2.4.6 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 2.4.7 Make recommendations regarding award of construction contracts. 2.4.8 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. 2.4.9 Develop and include in Appendix B of this Agreement, a bidding services 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 the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period of each sub -project and the discrete milestone activities which make up the sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, and Insurance. McClelland shall assign to each schedule activity of the bidding services schedule a corresponding cost value which shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.2. of this Agreement. 2.4.10 See Attachment A for additional services or clarification of services to be provided by McClelland. 2.5 Construction Phase 2.5.1 The scope of Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. Razorback Road Water and Sewer Relocation Engineering Contract.doc 6 2.6 Post -Construction Phase 2.6.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.7 Resident Services During Construction 2.7.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design 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. 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 7 a 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. 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 0 0 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. 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 Highway 112 Water and Sewer Main Relocation 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc • 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 6.1.1 Preliminary Design Phase Services For the Scope of Services during the Preliminary Design Phase described herein, CITY OF FAYETTEVILLE authorizes twenty-two thousand eight hundred dollars ($22,800.00) as compensation for the scope of work set forth in Attachment A. Engineer will be compensated based upon cost reimbursement, plus profit, the current 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 twenty-two thousand eight hundred dollars ($22,800.00). 6.1.1.1 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. 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 10 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. 6.1.2 Final Design 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 Preliminary Phase Services. 6.1.3 Bidding 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 Preliminary Phase Services. 6.1.4 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 Preliminary Phase Services. 6.1.5 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Preliminary Phase Services. 6.1.6 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Preliminary Phase Services. 6.1.7 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc S • 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 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 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 12 0 • 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 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 13 0 • 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, 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 14 0 0 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. 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 15 Cl 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. 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 16 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. 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 17 I 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 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 18 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 or the Arkansas Highway and Transportation Department's (AHTD'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. Neither CITY OF FAYETTEVILLE's nor AHTD's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 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. Razorback Road Water and Sewer Relocation Engineering Contract.doc 19 0 0 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 Arkansas Highway and Transportation Department, 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 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: Razorback Road Water and Sewer Relocation Engineering Contract.doc 20 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, 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 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; (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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 22 • 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 ll nd C sultin En ineers Inc. SIGNATURE. DATE: l~� - PRINTED NAME: John C. Ouinn, P.E. TITLE: President 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 onsu ting eers Inc. By: cL!vwm 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 Razorback Road Water and Sewer Relocation Engineering Contract.doc 23 • Attachment A Scope of Service for Preliminary Design Phase Water and Sewer Line Relocation Project -Razorback Road Arkansas Highway and Transportation Department Highway 112 Improvements, AHTD Job No. 040399 Project Background The City of Fayetteville owns the water and sanitary sewer networks serving the Razorback Road area and is responsible for their operation, maintenance and improvement. The Arkansas Highway and Transportation Department programmed Highway 112 for widening, beginning at the intersection of Highway 112 and 15'h Street proceeding north along Highway 112 to 6'h Street. The proposed AHTD project area contains water and sewer mains owned by the City of Fayetteville, such lines forming the backbone of the piping network servicing this area. Due to the interconnections of other distribution lines and the critical nature of the current pipelines; new parallel lines (out of the highway construction areas) must be planned. Due to the short timeline for completion of this project and the workload of the city's engineering department; the City of Fayetteville will contract the engineering services to a private consultant. The immediate needs relate to completion of a preliminary design for the project and the commencement of final design surveys. Scope of Work for Preliminary Desian Services The preliminary design services shall define the scope, nature, extent, costs and schedule for the project; therefore, this initial phase will be performed on an hourly rate basis. Due to the schedule challenges for this project, the preliminary design includes allowances for the commencement of certain final design elements; avoiding delays while negotiation of the final design phase services are being completed. The activities being authorized under the contact amount include: Preliminary Engineering Report -A written report will detail the project's need, scope and outcomes. This report will include a description of existing facilities, evaluation of feasible alternatives, economic justification of recommended improvements, project cost prediction, project schedule, project right-of-way needs and summation of recommendations. The report shall define the project in sound economic and engineering terms, citing the specific benefits that will be realized. Engineering Field Surveys- Detailed engineering surveys shall be commenced under this scope of services. These surveys shall include topographic and level surveys, utility location verification, correlation of surveys with planned Highway 112 improvements by the Arkansas Highway and Transportation Department and schematic development of the construction drawings. Project Right -of -Way Requirements -Upon approval of the preliminary engineer's report and confirmation of new utility easement needs (permanent and temporary), the preliminary design services will advise Fayetteville of needed procurements. Final Design PhaseBidding Phase/Construction Phase/Inspection Services -Once the scope of the project is defined, a detailed breakdown of additional engineering services needed to complete the project shall be developed for review, approval and inclusion in a contract amendment. Final design shall include the creation of necessary easement documents. Razorback Road Water and Sewer Relocation Engineering Contract.doc 24 ATTACHMENT B FEE PROPOSAL PLANNING AND PRELIMINARY DESIGN SERVICES AS DEFINED IN ATTACHMENT A FOR WATER AND SEWER SYSTEM RELOCATIONS IN CONJUNCTION WITH ARKANSAS HIGHWAY 112 WIDENING AHTD JOB NO. 040399 CITY OF FAYETTEVILLE WATER AND SEWER MAINS ALONG RAZORBACK ROAD ACTUAL LABOR CLASSIFICATION TIME LABOR RATE EXTENDED Principal Engineer 6 hrs $41.11/hr $246.66 Project Manager 74 hrs $37.50/hr $2,775.00 Project Engineer 10 hrs $26.44/hr $264.40 Senior Engineering Tech 8 hrs $21.50/hr $172.00 Engineering Tech 10 hrs $14.75/hr $147.50 Chief Draftsman 18 hrs $17.60/hr $316.80 Junior Draftsman 60 hrs $13.40/hr $804.00 Survey Supervisor 12 hrs $19.00/hr $228.00 Survey Crew (2 man) 48 hrs $26.50/hr $1,272.00 Computer Tech 22 hrs $18.251hr $401.50 Clerical Support 20 hrs $12.60/hr $252.00 Direct Labor $6,879.86 Payroll Expenses (34.23%) $2.354. 98 Subtotal, Direct Payroll $9,234.84 Travel 60 miles @ $0.34/mi $20.40 Reproduction $250.00 Materials and Supplies $65.00 Subtotal, Direct Cost $9,570.24 Indirect Costs (112.79%) $10.794.27 Subtotal, Direct and Indirect $20,364.51 Profit $2,435.49 Total Planning and Preliminary Design Cost $22,800.00 Note: Actual labor rates for billing purposes will match the rates paid to the employee performing the services and shall be subject to annual labor rate increases. FY042166 Attachment B 25 ATTACHMENT C During the performance of this contract, McClelland Consulting Engineers, Inc., for itself, its assignees and successors in interest hereinafter referred to as "McClelland" agrees as follows: 1. Compliance with Regulations: McClelland shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: McClelland, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, national origin, or handicap, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. McClelland shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by McClelland for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by McClelland of McClelland's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, national original, or handicap. 4. Information and Reports: McClelland shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of McClelland is in the exclusive possession of another who fails or refuses to furnish this information, McClelland shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. FY042166 Attachment C 26 0 5. Sanctions for Noncompliance: In the event of McClelland's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but no limited to: a) withholding of payments to McClelland under the contract until the contractor complies, and/or b) cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: McClelland shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. McClelland shall take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event McClelland becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, McClelland may request the State Highway Department to enter into such litigation to protect the interests of the State, and, in addition, McClelland may request the United States to enter into such litigation to protect the interest of the United States. FY042166 Attachment C 27 . m k �- kt ��0C�CD a Co a 2 2 0 c'4 $ v CL 2 2 eg U k/ im _C R O 0 � jW .0 0 O 0 f ' I « § $ Cu v A 2 LL .0 �(0 X- R % Cu 2 LU 0 z w § Lu0-1mtu Cu % O �w R ® k .0 f gQ co $ c - w E k k ® 0 �w a« « ®t $�2. 0 a) E Cu Eq $ c oo> a ■ R / U) w k U. t © 0 Et a)� $ E S 2M$ 2 a E � � / ) « a) _ CU I. ■-- 9� f: i % 0. <LUa-a k k co 2 � U- ►w APPENDIX B BIDDING SERVICES SCHEDULE WATER AND SEWER MAIN RELOCATION PROJECT AHTD JOB NO. 040399 FAYETTEVILLE'S WATER AND SEWER MAINS ALONG RAZORBACK ROAD This schedule will be developed, if required, as part of the Final Design Phase Services, if they are so authorized. FY042166 APPENDIX B 29 ---------u- 1 z LL 7 N � 67 z # 0 Q D ICf N N U y 0' O a OJ 0. X O -UI d7 C.. W N N .. - N r N N V! 0 z O Z O # 1 . N G N T C M f6 O R N j V OJ c E 2 moo . rA c o) Ii c Q c t Q - 4X6) N u) - r D W___'. LL..:. :.. J C6 D 7 (0 H r 0.. 0 o m O E- J In G W c Z c [1 h cu U v{ M a . I! 0 c W o m LL lL N 0) 0 g, 0 0 0 0 0 0 0 0 0 0 N C o'`m ;0 O O O a a a o a a 0 C '�, N: o 44 0 M 0 vi 0 44 0 44 o w 0 w o 44 0 44 0 w 2 N;:. N �_ 6) Q) m E C WErri N '3 C N O b Om N N a Cll J U) O N U o ci ocn Q E " Z 0 o m 0 R Q J 6 J C O T'' 4) m.... m N a C 4Uj a c . C. - o J j O J O p C A d m C_ Va) Q LL O City of Fayetteville Staff Review Form City Council Agenda Items Contracts 18 -Jan -05 City Council Meeting Date Greg Boettcher Water and Wastewater/Capital Submitted By Division Water and Wastewater Department Action Required: Resolution approving a contract with McClelland Consulting Engineers, Inc. for surveys and preliminary design services for water and sewer relocation for Razorback Road highway improvements project by AHTD. $22,800.00 Cost of this request 5400.5600 Account Number $ • 22,800.00 Category/Project Budget Funds Used to Date Water and Sewer Capital/Razorback Program Category / Project Name Capital Projects Program / Project Category Name ()c /',. / . $ 22,800.001 I Water and Sewer Project Number Remaining Balance Fund Name Budgeted Item IX Budget Adjustment Attached 2i? (1j 4t 1212 L City Attorney1 l5ate 0thiiInlstraiveur r Date Date Comments: Previous Ordinance or Resolution # Original Contract Date: N/A Original Contract Number: Received in ayor's Office ,2/w?o r°V' Received in City Clerk's Office / 2a -Zarp Clarice Pearman - McClelland Consulting neers-Razorback Rd Page 1 From: Clarice Pearman To: Taylor, Matt Date: 1121105 3:27PM Subject: McClelland Consulting Engineers -Razorback Rd Attached is the resolution passed by City Council January 18, 2005 regarding improvements on Razorback Road. You will receive two of the three original agreements via interoffice mail. Thanks. Clarice 13 -• ARI!NSAS STATE HIGHW� TRANSPORTATION DEPARTMENT Dan Flowers Director Phone (5011569-2000 Fax (501) 569-2400 Mr. Gary Coover Fayetteville Water & Sewer 113 West Mountain Fayetteville, AR 72701 PRELIMINARY ENGINEERING WORK ORDER Dear Mr. Coover: P.O. Box 2261 Little Rock, Arkansas 72203-2261 WWW.ARKANSASHIGHWAYS.COM W.AR KANSASHIGHWAYS.COM June 7, 2005 RE: Job 040399 (Utilities) STP-9142 (16) Enclosed is the Preliminary Engineering Agreement approved on June 2, 2005, with supporting papers covering eligible reimbursement for engineering services to be performed by McClelland Engineers. We are sending a copy of this letter and agreement to the consultant. You should authorize the consultant to proceed with the engineering work. We need the estimate and plans by July 10, 2005. If your consultant should need field assistance, please contact the Resident Engineer: Jeff Stroud, 3526 N. Hwy. 112, Fayetteville, AR 72704, telephone 501-251-9266. Sincerely, Patty Bray Utility Coor ator Utilities Section Right of Way Division PB/dah Enclosure cc: McClelland Engineers W/Agreement "C" Files District Engineer W/Enclosures Resident Engineer W/Enclosures #43 "U" File w/Enclosures Rev. 07-02-01 LS ❑ ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY - UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES Job No. 040399 (Utilities) Job Location North of Hwy. 16 - Hwy. 180 (S) Route 112 Section County Washington PAP No. STP-9142 (16) Utility Owner Fayetteville Water & Sewer Consultant McClelland Engineers TNTC AC.RFFMFNT mane snri entered intn thic f rinv of V 4I 7f1 by and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas State Highway and Transportation Department, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department" and the Fayetteville Water & Sewer acting by and through its duly authorized representatives, herein afer referred to as the "Owner" WITNESSETH: (1). The "Department" proposes to make highway improvements and the "Owner" is required to adjust or relocate its facilities, as necessary, to clear highway construction. (2). The "Owner" is not adequately staffed to carry out the necessary preliminary engineering and has requested the services of the licensed engineering company of McClelland Engineers to perform the following services. (a) Make all necessary field surveys and investigation and subsequently prepare complete plans, estimate of costs, and construction specifications. (b) Furnish four (4) copies of plans, specifications, etc. for "Department" review and approval. (c) If construction work is to be performed by other than "Owner's" forces, prepare all necessary documents to secure bids and let a contract for the proposed work. (d) Conduct bid opening and complete contract documents. (3). The "Owner" has entered into a contract with the consultant, subject to the "Department's" approval, and has furnished a copy which is attached and made part of this agreement. The estimated costs are $22,800.00 *. (4a) The cost of preliminary engineering services shall be eligible for reimbursement from the "Department" at the same ratio as the adjustment of "Owner's" facilities are eligible. (4b) "Owner" agrees to retain cost records and accounts for inspection and audit for a period of three (3) years from the date of final payment. (5) The consultant shall begin work 5 days after receiving written authorization from "Owner" and complete 30 days thereafter. *Not to exceed $22,800.00 (6) The "Department" may suspend or cancel the work under this contract at any time. Reimbursement will be made, in a proportionate amount, for any services performed by the consultant prior to the receipt, by the "Owner," of written notice of cancellation. (7) "Owner" shall be responsible for any and all hazards to persons, property, and traffic. With respect to traffic control, owner shall adhere to the requirements of the "Manual of Uniform Traffic Control Devices", as amended and supplemented.. (8). This agreement is governed by all applicable State and Federal laws, rules, and regulations including the Arkansas State Highway Commission Utility Accommodation Policy adopted by Commission Minute Order 96- 167 as amended and supplemented, the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as amended and supplemented. (9) Subject to the terms and conditions herein, neither the "Owner" nor the "Department" by execution of this agreement waives or relinquishes any rights which either may legally have within the limits of the law or constitution either State or Federal. FAYETTEVILLE WATER & SEWER ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Title FEDERAL TAXPAYER IDENTIFICATION # trector of Highways & Transportation L h f, Right of ay Division ti Chi - t'lli /ion Ri t of Way Division 2 • A S ARKAN S STATE HIGHWAY AND TRANSPORTATION DEPARTMENT�W't Dan Flowers P.6 Director (�[�T Little Rock, Ark s 6. Phone (501) 569-2000 Fax (501) 569-2400 W W W.AR KANS M March 29, 2005 RECEIVED 5I( p5 APR 1 [ as C Mr. Gary Coover I UI ttt I1I G Div. a 5 Fayetteville Water & Sewer 113 West Mountain Fayetteville, AR 72701 �3. RE: Job 040399 (Utilities) Dear Mr. Coover: Enclosed are the original and three copies of the Department's standard Preliminary Engineering Agreement covering the eligible reimbursable work to be performed by McClelland Engineers. Reimbursement will be on the basis of an actual cost payment. Please return the original and two copies signed and witnessed. The extra copy is for your file. At this time please return six (6) copies of the executed contract between you and your consultant. Your consultant should not begin work until you receive authorization from this office. Sincerely, Patty Bray Utility Coordinator Utilities Section Right of Way Division From: Clarice Pearman To: Norbash, Sid Subject: Job 040399 & Job 040423 Sid, Just a reminder about these utility agreements. I am waiting for the signed agreements. Thanks, Clarice From: Sid Norbash To: Pearman, Clarice Date: 6/23/05 8:52AM Subject: Re: Job 040399 & Job 040423 I've got them I'll bring them to you today, >>> Clarice Pearman 06/22/05 03:45PM >>> Sid, Just a reminder about these utility agreements. I am waiting for the signed agreements. Thanks. Clarice Clarice Pearman - Utility Agreement Page From: Clarice Pearman To: Norbash, Sid Date: 6124105 1:58PM Subject: Utility Agreement Sid, Attached is a copy of the AHTD Utility Agreement, Job No. 040399. Thanks. Clarice CC: Deaton, Vicki Job No. 040399 Tract Nos. 6, 12 City of Fayetteville, Arkansas AFFIDAVIT OF NO LIENS I, Dan Coody and Sondra Smith, upon being duly sworn, state: That City of Fayetteville, Arkansas by Dan Coody, Mayor and Sondra Smith, City Clerk, has conveyed by Warranty Deed to the Arkansas State Highway Commission, the following described property, to - wit Tract 6: Part of the Northwest Quarter of the Northeast Quarter of Section'20, Township 16 North, Range 30 West, Washington County, Arkansas more particularly described as follows: Beginning at a computed point being used as the Northeast 1/16 corner of Section 20 said point being on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399; thence North 87° 0I' 44" West along the South line of the Northwest Quarter of the Northeast Quarter of Section 20 a distance of 12.58 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864; thence North 02° 45' 18" East along said right of way line a distance of 200.00 feet to a point; thence South 87° 01' 44" East a distance of 12.59 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399 said point also being on the West line of the Northwest Quarter of the Northeast Quarter of Section 20; thence South 02° 45' 26" West along said right of way line a distance of 200.00 feet to the point of beginning and containing 0.06 acres more or less as shown on plans prepared by the AHTD referenced as Job 040399. AJ/crr 04/11/05. Tract 12: Part of the Northwest Quarter of the Northeast Quarter of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at a computed point being used as the Northeast 1/16 corner of Section 20 said point being on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399; thence North 87° 01' 44" West along the South line of the Northwest Quarter of the Northeast Quarter of Section 20 a distance of 102.58 feet to a point on the Westerly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864 for the point of beginning; thence continue North 87° 01' 44" West along the South line of the Northwest Quarter of the Northeast Quarter of Section 20 a distance of 6.92 feet to a point; thence North 02° 45' 26" East a distance of 200.00 feet to a point; thence South 87° 01' 44" East a distance of 6.91 feet to a point on the Northerly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864; thence South 02° 45' 18" West along said right of way line a distance of 200.00 feet to the point of beginning and containing 0.03 acres more or less as shown on plans prepared by the AHTD referenced as Job 040399. AJ/crr 03/07/05. 2. No person has any valid contract for the purchase of said premises, or any part thereof; 3. 1 know of no facts by reason of which grantor's possession of or title to said premises, or any part thereof, might be disputed or questioned, or by reason of which any claim to any part of said property, or to any undivided interest, adverse to grantor might be set up or made; 4. There is no suit or proceeding pending in any court or elsewhere affecting said premises or any part thereof, 5. The said premises are free and clear of all taxes, encumbrances, or liens by attachment, mortgage, decree, judgment, or by statute, or by virtue of any proceedings, in any court, state or federal, or filed in the office of the Clerk of any county, or court in this State, and of all other liens of every nature and sort whatever, recorded or unrecorded, other than any mortgages partially released herein; 6. There arc no judgments, decrees, attachments, or orders of any court or officer for the payment of money against City of Fayetteville, Arkansas, individually, or in connection with any other party or parties, unsatisfied or not cancelled of record in any of the courts or before any officer of the United States or of this State; 7. No proceedings in bankruptcy have ever been instituted by or against City of Fayetteville, Arkansas, in any court, or before any officer of any State, or of the United States; 8. The grantor is not party to any litigation now pending in any court of Arkansas; 9. The grantor is not surety on any bond payable to the State of Arkansas, whereby a lien may hereafter attach to said real estate; 10. No person, persons, corporation or corporations is entitled to any lien on said real estate for work or labor or materials; 2 11. No liens have been filed against the above property for hazardous waste or notices of same given by the Environmental Protection Agency; 12. Said property is not traversed by any roads, ways, or easements except those shown of record; 13. The affiant is over the age of eighteen; 14. The affiant understands and recognizes that a portion of the purchase money funds of the said property were contributed by the Federal Highway Administration. 15. All the statements and representations in the affidavit are made in order to induce the said grantee to pay to grantor the sum of THREE THOUSAND NINE HUNDRED TWENTY FIVE AND NO/100 DOLLARS ($3,925.00) purchase -money for said real estate. .c,\ Y CIF 'S. PCol. ZU• ' ;FAYETTEVILLE* E P :9J,S; ;QKANS STATE OF )QT1,A,t i95 ) COUNTY OF L,iJ SiI)MJc) -)I.) ) Subscribed and sworn to by Dan.Coody and Sondra Smith, Affiant, herein before me this 1 day of > 2005. �, .... .... = 4 ' �•��\G otary Pub lic My Commission Expires: "9s�• • � (,� p� -;.tiny•.... •,.. ••�.� CITY OF YETTEVILLE, ARKANSAS Dan Coody, M lll, 'It)' L.1C[K 3 £S. ARKANSAS STATE HIGHWAY & TRANSPORTATION DEPARTMENT Right of Way Division - Administrative Section CLOSING STATEMENT City of Fayetteville Job 040399 113 W. Mountain Tracts 6 & 12 Fayetteville, Arkansas 72701 Fap STP-9142(16) Total Purchase Price Less Salvage Retained Total sideration Paid Grantor !- , , on4 o�S�d( .S true and correct statement of the closing of subject tract compensation therefor. $ 3,925.00 -0- $ 3,925.00 certify that this is a and payment of just 1,(We), the undersigned grantor(s) acknowledge receipt of this closing statement and the amount shown hereto as full and final payment of just compensation for the purchase of this property as designated by the above captioned tract and job number, which corresponds to the deed I (We) have executed. Dated s day of.-tJSt/)b1Y, 2005. Dan Coody, Mayor Sondra Smith, City Clerk For tax purposes we a t ulating the values as appraised, optioned and paid. A 1099-S of gross proceeds must be submitted to the IRS for your Federal ID# / Social Security# APPRAISAL OPTION Tract 6 (2,517 Sf.) $ 2.525.00 Admin. Settlement -0- Tract 12 (1,383 Sf.) $ 1,400.00 Total $ 3,925.00 Fence, trees, etc. -0- Less Salvage Value of Buildings -0- Improv. Retained -0- Severance Damage -0- TOTAL S 3,925.00 TOTAL PAID $ 3,925.00 ,,s• l3-05 ARKANSAS STATE HIGHWAY & TRANSPORTATION DEPARTMENT Jnsin14/ Right of Way Division - Administrative Section l/- Tacf q CLOSING STATEMENT City of Fayetteville Job 040399 I I3 W. Mountain Tract 9 Fayetteville, Arkansas 72701 Fap STP-9142(16) Total Purchase Price Less Salvage Retained Total nsideratio Paid Grantor 1, , on true and correct statement of the closing of subject tract compensation therefor. $ 30,550.00 -0- $ 30,550.00 certify that this is a and payment of just [,(We), the undersigned grantor(s) acknowledge receipt of this closing statement and the amount shown hereto as full and final payment of just compensation for the purchase of this property as designated by the above captioned tract and job number, which corresponds to the deed I (We) have executed. i • %mot li For tax purposes we ke tajfulating the values as appraised, optioned and paid. A 1099-S of gross proceeds must be submitted to the IRS for your Federal II)# / Social Security# APPRAISAL OPTION Land (0.33 Ac.) $ 30,550.00 Admin. Settlement -0- TCE Rental -0- Total $ 30,550.00 Fence, trees, etc. -0- Less Salvage Value of Buildings -0- Improv, Retained -0- Severance Damage -0- TOTAL $ 30,550.00 TOTAL PAID $ 30,550.00 F /.L ). ,C[.5.11 -a -1 Job No. 040399 Tract Nos. 6, 12 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, by Dan Coady, Mayor and Sondra Smith, City Clerk, Grantor, for and in consideration of the sum of THREE THOUSAND NINE HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($3,925.00) and other good and valuable consideration, cash in hand paid by the Arkansas State Highway Commission, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Arkansas State Highway Commission, Grantee, and unto its successors and assigns forever the following lands, save and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt water and its component parts, and all other hydrocarbons which do not interfere with the surface use for highway purposes, said lands being more particularly described as follows, to -wit: Trnrt Nn ti. Part of the Northwest Quarter of the Northeast Quarter of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas more particularly described as follows: Beginning at a computed point being used as the Northeast 1/16 corner of Section 20 said point being on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399; thence North 87° 01' 44" West along the South line of the Northwest Quarter of the Northeast Quarter of Section 20 a distance of 12.58 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as established This instrument prepared under the Supervision of J. Ted B1agg, Title Attorney Arkansas State Highway & Transportation Dept. P.O. Box 2261, Little Rock, Arkansas 72209 by AHTD Job 4864; thence North 02° 45' 18" East along said right of way line a distance of 200.00 feet to a point; thence South 87° 01' 44" East a distance of 12.59 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399 said point also being on the West line of the Northwest Quarter of the Northeast Quarter of Section 20; thence South 02° 45' 26" West along said right of way line a distance of 200.00 feet to the point of beginning and containing 0.06 acres more or less as shown on plans prepared by the AHTD referenced as Job 040399. AJ/crr 04/1 1/05. Tract No. 12: Part of the Northwest Quarter of the Northeast Quarter of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at a computed point being used as the Northeast 1/16 comer of Section 20 said point being on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399; thence North 87° 01' 44" West along the South line of the Northwest Quarter of the Northeast Quarter of Section 20 a distance of 102.58 feet to a point on the Westerly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864 for the point of beginning; thence continue North 87° 01' 44" West along the South line of the Northwest Quarter of the Northeast Quarter of Section 20 a distance of 6.92 feet to a point; thence North 02° 45' 26" East a distance of 200.00 feet to a point; thence South 87° 01' 44" East a distance of 6.91 feet to a point on the Northerly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864; thence South 02° 45' 18" West along said right of way line a distance of 200.00 feet to the point of beginning and containing 0.03 acres more or less as shown on plans prepared by the AHTD referenced as Job 040399. A1/crr 03/07/05. TO HAVE AND TO HOLD the same unto the said Grantee and unto its successors and assigns forever. And Grantor hereby covenants with the said Grantee that Grantor will forever warrant and defend the title to said lands against all lawful claims, whatsoever. IN WITNESS WHEREOF, the City of Fayetteville, Arkansas has caused these presents to be executed by its Mayor on this f lay of _lrz�-o6&a ) , 2005. STATE OF 4AMM64-5- ) COUNTY 4 5 6r4 D ) ACKNOWLEDGMENT BE IT REMEMBERED, that on this day before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, appeared the within named Dan Coody and Sondra Smith being the Mayor and City Clerk, respectively, of the City of Fayetteville, a Municipal Corporation, and who had been designated by said corporation to execute the above instrument, to me well known, who stated that they were the Mayor and City Clerk of said city, a Municipal Corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on the behalf of said Municipal Corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN ,TESTIMONY WHEREOF, I have hereunto set my hand and seal on this day of L)G7______ , 2005. PUC�`:.• MY COMMISSI „ ?SPIRES: V% l%y has /on5 ,vIrv/ Job No. 040399 Tract Nos. 9 City of Fayetteville, Arkansas AFFIDAVIT OF NO LIENS 1, Dan Coody and Sondra Smith, upon being duly sworn, state: That City of Fayetteville, Arkansas by Dan Coody, Mayor and Sondra Smith, City Clerk, has conveyed by Warranty Deed to the Arkansas State Highway Commission, the following described property, to - wit: Part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as: Starting at a cotton picker spindle being used as the East 1/16 corner of Sections 17 and 20; thence South 87° 28' 53" East along the North line of the Northeast Quarter of the Northeast Quarter of Section 20 a distance of 24.14 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864; thence South 03° 16' 33" West along said right of way line a distance of 27.92 feet to a point; thence South 68° 17' 21" East along said right of way line a distance of 31.62 feet to a point; South 08° 54' 24" East along said right of way line a distance of 23.69 feet to a point; thence North 85° 44' 32" East along said right of way line a distance of 40.35 feet to a point; thence South 66° 56' 15" West along said right of way line a distance of 55.33 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399 for the point of beginning; thence South 01° 09' 47" West along said right of way line a distance of 450.47 feet to a point; thence North 87° 28' 53" West a distance of 42.29 feet to a point on the Southerly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864; thence North 03° 28' 23" East along said right of way line a distance of 78.12 feet to a point; thence North 06° 08' 18" East along said right of way line a distance of 100.12 feet to a point; thence North 00° 24' 48" East along said right of way line a distance of 100.13 feet to a point; thence North 03° 16' 33" East along said right of way line a distance of 160.02 feet to a point; thence North 66° 56' 15" East along said right of way line a distance of 28.36 feet to the point of beginning and containing 0.33 acres more or less as shown on plans prepared by the AHTD referenced as Job 040399. AJ/crr 03/31/05. 2. No person has any valid contract for the purchase of said premises, or any part thereof; urn pupavd Lug `YlLd LP�yy, 'JLiIo4�ovuy 11 f .a cjf, dy and J d)B Jn�- . o. 2261, 1'Lli& cRaJ, 4nm 7Y2Oq *1 3. I know of no facts by reason of which grantor's possession of or title to said premises, or any part thereof, might be disputed or questioned, or by reason of which any claim to any part of said property, or to any undivided interest, adverse to grantor might be set up or made; 4. There is no suit or proceeding pending in any court or elsewhere affecting said premises or any part thereof; 5. The said premises are free and clear of all taxes, encumbrances, or liens by attachment, mortgage, decree, judgment, or by statute, or by virtue of any proceedings, in any court, state or federal, or filed in the office of the Clerk of any county, or court in this State, and of all other liens of every nature and sort whatever, recorded or unrecorded, other than any mortgages partially released herein; 6. There are no judgments, decrees, attachments, or orders of any court or officer for the payment of money against City of Fayetteville, Arkansas, individually, or in connection with any other party or parties, unsatisfied or not cancelled of record in any of the courts or before any officer of the United States or of this State; 7. No proceedings in bankruptcy have ever been instituted by or against City of Fayetteville, Arkansas, in any court, or before any officer of any State, or of the United States; 8. The grantor is not party to any litigation now pending in any court of Arkansas; 9. The grantor is not surety on any bond payable to the State of Arkansas, whereby a lien may hereafter attach to said real estate; 10. No person, persons, corporation or corporations is entitled to any lien on said real estate for work or labor or materials; 11. No liens have been filed against the above property for hazardous waste or notices of same given by the Environmental Protection Agency; 12. Said property is not traversed by any roads, ways, or easements except those shown of record; 13. The affiant is over the age of eighteen; 2 14. The affiant understands and recognizes that a portion of the purchase money funds of the said property were contributed by the Federal Highway Administration. 15. All the statements and representations in the affidavit are made in order to induce the said grantee to pay to grantor the sum of THIRTY THOUSAND FIVE HUNDRED FIFTY AND NO/100 DOLLARS (530,550.00) purchase -money for said real estate. CITY OF,I'AYETTEVILLE, ARKANSAS Dan STATE OF ONAY)&5P5 ) COUNTY OF UOA5nrn A ) Smith, City Clerk Subscribed and sworn to by Dan Coody and Sondra Smith, Affiant, herein before me this j (3 day of LU--J- bPJ , 2005. My Commission Expires or , TOM 3 War r^i, Dzed 6�l �T v �- Job No. 040399 Tract No. 9 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the City of Fayetteville, Arkansas, a Municipal Corporation, Grantor, by Dan Coody, Mayor and Sondra Smith, City Clerk/Treasurer, duly authorized so to act by City Ordinance No. adopted by its City Council on September 6, 2005, for and in consideration of the sum of THIRTY THOUSAND FIVE HUNDRED FIFTY AND NO/100 ($30,550.00), and other good and valuable considerations, cash in hand paid by the Arkansas State Highway Commission, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Arkansas State Highway Commission, Grantee, and unto its successors and assigns forever the following lands, save and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt water and its component parts, and all other hydrocarbons which do not interfere with the surface use for highway purposes, said lands being more particularly described as follows, to -wit: Part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as: Starting at a cotton picker spindle being used as the East 1/16 corner of Sections 17 and 20; thence South 87° 28' 53" East along the North line of the Northeast Quarter of the Northeast Quarter of Section 20 a distance of 24.14 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864; thence South 03° 16' 33" West along said right of way line a distance of 27.92 feet to a point; thence South 68° 17' 21" East along said right of way line a distance of 31.62 feet to a point; South 08° 54' 24" East along said right of way line a distance of 23.69 feet to a point; thence North 85° 44' 32" East along said right of way line a distance of 40.35 feet to a point; thence South 66° 56' 15" West along said right of way line a distance of 55.33 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399 for the point of beginning; thence South 01° ' 47" West along said right 0/way line a -JFLI . , ¶J II c th,tg ?7 Z c�I icvaq and ' Lr) .!&z 2267, .L'1E> & d?ocL' v AutiO.I 7203 distance of 450.47 feet to a point; thence North 87° 28' 53" West a distance of 42.29 feet to a point on the Southerly right of way line of Arkansas State Highway 112 as established by AHTD Job 4864; thence North 03° 28' 23" East along said right of way line a distance of 78.12 feet to a point; thence North 06° 08' 18" East along said right of way line a distance of 100.12 feet to a point; thence North 00° 24' 48" East along said right of way line a distance of 100.13 feet to a point; thence North 03° 16' 33" East along said right of way line a distance of 160.02 feet to a point; thence North 66° 56' 15" East along said right of way line a distance of 28.36 feet to the point of beginning and containing 0.33 acres more or less as shown on plans prepared by the AHTD referenced as Job 040399. AJ/crr 03/31/05 TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and unto its successors and assigns forever. And the Grantor hereby covenants with the said Grantee that Grantor will forever warrant and defend the title to said lands against all lawful claims, whatsoever. IN WITNESS WHEREOF, the City of Fayetteville has caused these presents to be executed by its Mayor and City Clerk/Treasurer on this P- day of , 2005. CITY OF FAYETTEVILLE. ARKANSAS N ACKNOWLEDGMENT STATE OF COUNTY On this day of 2005, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared the within named Dan Coody and Sondra Smith, being the Mayor and City Clerk/Treasurer, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and who had been designated by said corporation to execute the above instrument, to me well personally known, who stated that they were the Mayor and the City Clerk/Treasurer of said city, a Municipal Corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on the behalf of said Municipal Corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TEST - )REOF, I have hereunto set my hand and seal on this day of 2005. ",,'N0 r0t4 c' ,". •�" N ublic MY C0MMISSION"E iPf ttS: 3 2vi A. 6 McClelland Consulting Engineers, Inc. Contract (Razorback Road) City Council Meeting of January 18, 2005 Page 1 of 2 CITY COUNCIL AGENDA MEMO To: Mayor and City Council From: Greg Boettcher Water/Wastewater Director Date: December 20, 2004 Subject: Resolution approving a contract with McClelland Consulting Engineers, Inc. for. surveys and preliminary design services for water and sewer relocation for Razorback Road highway improvements project by AHTD. RECOMMENDATION Fayetteville City Administration recommends approval of an authorization totalling $22,800.00, said amount being the face value of a proposed contract with McClelland Consulting Engineers of Fayetteville, Arkansas. BACKGROUND The Arkansas Highway and Transportation Department has informed the City of Fayetteville of its plan to widen and improve State Highway 112 (Razorback Road) beginning at the Sixth Street intersection and continuing south to the Fifteenth Street intersection. AHTD's project is identified by Job No. 040399 and is slated for bidding in 2005. Fayetteville owns water and sanitary sewer infrastructure that parallels and crosses the existing highway; and may be required to relocate various water and sewer facilties in conflict with the planned highway construction. The financial responsibility for the relocation costs will be allocated according to the City's right of occupancy: For example, if the existing pipeline is in a dedicated easement outside the AHTD right-of- way, AHTD will bear all costs for that pipeline's relocation (engineering and construction). It is expected that this project will involve blended financial responsiblities between AHTD and the City of Fayetteville. With the planned 2005 bidding of the highway improvements and the need to relocate the utilities prior to highway construction, this work must proceed on a tight schedule. A selction committee meeting on November 5, 2004 selected McClelland Consulting Engineers to provide the field surveys and preliminary planning for this utility relocation project (see attached letter of November 8, 2004). A contract has been negotiated with McClelland Consulting Engineers (copy attached) wherein the services will be provided for a not -to -exceed cost of $22,800.00. DISCUSSION This preliminary planning cost is in the 2005 budget. Due to staffing vacancies and existing workloads, the utility relocation surveys and preliminary planning cannot be managed by existing engineering staff without compromising progress on other capital improvement projects. With the short timeline for completion and the need to continue progress on programmed capital projects, this relocation project must be outsourced to A. 6 McClelland Consulting Engineers, Inc. Contract (Razorback Road) Page 2 of 2