HomeMy WebLinkAbout234-08 RESOLUTION•
RESOLUTION NO. 234-08
A RESOLUTION APPROVING AN ENGINEERING CONTRACT WITH
McCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF
$397,621 00 FOR DESIGN SERVICES FOR WATER AND SEWER
RELOCATIONS AND CONCURRENT CONSTRUCTION OF A 36" WATER
TRANSMISSION MAIN ASSOCIATED WITH THE WIDENING OF
HIGHWAY 265 FROM MISSION TO JOYCE BOULEVARD; APPROVING A
$20,000.00 CONTINGENCY; AND APPROVING A BUDGET ADJUSTMENT
IN THE AMOUNT OF $400,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS -
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves
an Engineering Contract with McClelland Consulting Engineers, Inc. in the amount of
$397,621.00 for design services for water and sewer relocations and concurrent construction of a
36" water transmission main associated with the widening of Highway 265 from Mission to
Joyce Boulevard. A copy of the contract, marked Exhibit "A," is attached hereto and made a
part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
contingency in the amount of $20,000.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
budget adjustment in the amount of $400,000.00.
PASSED and APPROVED this 16th day of December, 2008.
APPROVED:
By:
ATTEST:
By:
DAN COODY, Mayor SO DRA E SMITH, City Clerk/Treasurer
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
THIS AGREEMENT is made as of A&M[XrA, 2008, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYEI IEVILLE) and
McClelland Consulting Engineers, Inc. with offices located in Fayetteville, AR (hereinafter called MCE).
CITY OF FAYETTEVILLE requires professional engineering services in connection with the design and
construction observation services for water and sewer system improvements along Arkansas Highway
265 between Highway 45 (Mission Boulevard) and Joyce Boulevard , as further defined by AHTD Job
040517,in order to facilitate the widening of said Highway 265 by the Arkansas Highway and
Transportation Department, as well as water system improvements along the Township Street corridor,
generally from Highway 265 to Old Wire Road (The "Project"), and as further described in Appendix A.
Therefore, CITY OF FAYETTEVILLE and MCE in consideration of their mutual covenants agree as
follows:
MCE 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 MCE'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 MCE 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 MCE.
Assignments may include services described hereafter as Basic Services or as
Additional Services of MCE.
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1.2 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 MCE
2.1.1 Perform professional design services in connection with the Project as
hereinafter stated, which shall include normal civil, structural, and surveying
services.
2.1.1.1 The Scope of Services to be furnished by MCE during the Preliminary
and Final Design Phase is included in Section 2.2 hereafter and in
Appendix A attached hereto and made part of this Agreement.
Preliminary and Final Design Phase Services shall include Design
Surveys and Bidding Phase Services.
2.1.1.2 The Scope of Services to be furnished by MCE for property mapping,
easement mapping and easement preparation is included in Section 2.2
hereafter and in Appendix A attached hereto and made a part of this
Agreeement.
2.1.1.3 The Scope of Services to be famished by MCE for Storm Water
Pollution Prevention Plan Services will be negotiated in full and added
by an amendment to this Agreement.
2.1.1.4 The Scope of Services to be furnished by MCE during the Construction
Phase will be negotiated in full and added by an amendment to this
Agreement.
2.1.2 Execution of this agreement will authorize the Engineer to proceed with
the services as described herein.
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2.2 Design Services
2.2.1 MCE will perform engineering and related services in order to prepare
Preliminary Drawings, Final Drawings, Project Specifications, Bidding
assistance, AHTD Coordination, and related services as described in
Appendix A.
2.2.1.1 Text documents shall be provided to CITY OF FAYETTEVILLE in
Microsoft® Word version 2000 or later software. Contract drawings shall
be prepared using standard borders, sheet sizes, title blocks and CADD
standards provided by CITY OF FAYETTEVILLE. MCE may use its
normal software for the preparation of drawings but the final product
shall be provided to CITY OF FAYETTEVILLE in Autodesk AutoCAD
version 2004 or later.
2.2.1.2 Develop and include in Appendix A of this Agreement for approval by
CITY OF FAYEI fEVILLE, a project design schedule in which MCE
shall include, in an acceptable level of detail, the steps and milestone
dates to be undertaken by MCE in the completion of this design. This
Schedule shall include reasonable allowances for review and approval
times required by CITY OF FAYETTEVILLE, performance of services
by CITY OF FAYETTEVILLE's consultants, and review and approval
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
MCE's reasonable control. The progress design schedule shall consist of
a tabular list of milestones for each phase of services.
2.2.1.3 When requested by the CITY OF FAYETTEVILLE's City Engineer,
prepare for and attend Water and Sewer Committee meetings and a City
Council meeting to provide support for the project.
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2.2.2 Provide through contract amendments services or data such as geotechnical
investigations, core borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests, and inspections of samples, materials,
and equipment as necessary for authorized Project services including
appropriate professional interpretations of all the foregoing; property,
boundary, easement, right-of-way, topographic, and utility surveys; noting
zoning and deed restrictions.
2.2.2.1 Fully disclose all subcontract agreements including the name and address
of the subconsultant, the scope of services to be provided and the value
of the subcontract agreement.
2.2.2.2 Incorporate into all subcontract agreements for planning and design
engineering services the applicable milestone dates from the Submittal
Schedule and the CITY OF FAYETTEVILLE and require all MCE
subconsultants to be bound by the Submittal Schedule.
2.2.3 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as
CITY OF FAYETTEVILLE shall designate, at completion of preliminary
(30% complete) and final (90% complete) plans. Interim reviews may be
performed at the request of MCE or the CITY OF FAYETTEVILLE in order
to facilitate completion of the project.
2.2.3.1 Final Design shall be reviewed by the CITY OF FAYTTEVILLE, the
Arkansas Highway and Transportation Department and the Arkansas
Department of Health. Design documents shall be modified/updated by
MCE as necessary for approval by all parties. Creek crossing plans shall
be submitted to the Corps of Engineers for their approval.
2.2.3.2 MCE shall assist the CITY OF FAYETTEVILLE in the process of
advertising the project for bids, receiving bids, and preparing a Bid
Tabulation.
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2.2.3.3 MCE shall assist the CITY OF FAYETTEVILLE concerning
coordination with the Arkansas Highway and Transportation
Department, including calculations of estimated reimbursement
percentages, attendance of AHTD coordination meetings and preparation
of draft documents required by AHTD related to the project design.
2.3 Property Mapping and Easement Services
2.3.1 MCE will perform property mapping, easement mapping and easement
preparation services as described in Appendix A.
2.3.1.1 MCE shall rely on AHTD property maps and right-of-way maps
concerning AHTD's right-of-way acquisition. MCE shall rely on CITY
OF FAYETTEVILLE atlas maps and easement acquisition personnel for
information on existing easements. Based on these data MCE shall
prepare property maps and easement maps, determine the extent of
required new easements, verify the current ownership of property where
new easement are required, and prepare required easement documents in
accordance with CITY OF FAYETTEVILLE easement criteria. MCE
shall revise easements where AHTD right-of-way limits change or where
the requirements by the CITY OF FAYETTEVILLE are revised, at the
expense of the CITY OF FAYETTEVILLE. Any errors detected in
easement documents prepared by MCE shall be revised by MCE at
MCE's expense.
2.4 Storm Water Pollution Prevention Plan Phase
2.4.1 MCE shall complete a Storm Water Pollution Prevention Plan based on the
final system design and in accordance with applicable ADEQ criteria for
approval by the CITY OF FAYETTEVILLE and implementation by the
construction contractor.
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2.5 Construction Phase
2.5.1 The scope of Construction Phase Services will be described in detail in a
future amendment to this Agreement.
SECTION 3 - ADDITIONAL SERVICES OF MCE
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by MCE, MCE 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 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. .
3.1.2 Administrative Assistance
Provide Contract and Project administration to the degree authorized by
CITY OF FAYETTEVILLE.
3.1.3 Furnishing renderings or models of the Project for CITY OF
FAYETTEVILLE's use.
3.1.4 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance,
and overhead expenses, and the preparation of rate schedules, earnings, and
expense statements; feasibility studies; appraisals and valuations; detailed
quantity surveys of material, equipment, and labor; and audits or inventories
required in connection with construction performed by CITY OF
FAYETTEVILLE.
3.1.5 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in
any litigation or other proceeding involving the Project.
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3.1.6 Extra Services
3.1.6.1 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 MCE's control, MCE 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 MCE. If CITY OF FAYETTEVILLE indicates in writing
that all or parts of such Contingent Additional Services are not required,
MCE 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 FAYEI IEVILLE'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 MCE:
4.1 Provide AHTD's plans for MCE's use.
4.2 Provide full information as to CITY OF FAYETTEVILLE's requirements
for the Project.
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4.3 Assist MCE by placing at MCE's disposal all available information pertinent
to the assignment including previous reports and any other data relative
thereto.
4.4 Guarantee access to and make all provisions for MCE to enter upon public
and private property as required for MCE to perform its services under this
Agreement.
4.5 Examine all studies, reports, sketches, cost opinions, Bid Documents,
Drawings, proposals, and other documents presented by MCE and render in
writing decisions pertaining thereto.
4.6 Provide such professional legal, accounting, financial, and insurance
counseling services as may be required for the Project.
4.7 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.
4.8 Give prompt written notice to MCE whenever CITY OF FAYETTEVILLE
observes or otherwise becomes aware of any defect in the Project.
4.9 Furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as
may be necessary for completion of the Project. Pay directly to the
governmental authorities the actual filing and permit fees.
4.10 Pay for placement of legal notices and advertisements in newspapers or other
publications required by program requirements.
4.11 Furnish, or direct MCE to provide, necessary Additional Services as
stipulated in Section 3 of this Agreement or other services as required.
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4.12 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 MCE's use in coordinating the
Contract Drawings and Specifications.
4.13 CITY OF FAYETTEVILLE and/or its representative will review all
documents and provide written comments to MCE in a timely manner.
SECTION 5 - PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY
OF FAYETTEVILLE authorizing services hereunder.
5.2 The provisions of this Agreement have been agreed to in anticipation of the
orderly progress of the Project through completion of the services stated in
the Agreement. MCE 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 MCE
6.1 Compensation
For the Scope of Services described herein, CITY OF FAYETTEVILLE shall pay MCE an amount Not to
Exceed the sum amount of $397.621.00 United States Dollars (US $397,621.00) in accordance with the
provisions described in the following paragraphs. The profit included in this Not to Exceed amount shall
be $42,602.18.
6.1.1 Design Surveys, Preliminary and Final Design and Bidding Services
For design surveys, preliminary design, final design and bidding services to be performed by MCE, CITY
OF FAYETTEVILLE shall pay MCE for time spent on the project at the rates shown in attached
Appendix B-1 for each classification of MCE personnel, and for reimbursable expenses. The rates shown
in Appendix B-1 will be increased annually with the first increase effective on or about Match 1, 2009.
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6.1.2 Property Surveys and Property Acquisition Documents
For Property Surveys, Property and Easement Mapping, and Property Acquisition Documents, CITY OF
FAYETTEVILLE shall pay MCE for time spent on the project at the rates shown in attached Appendix
B-2 for each classification of MCE personnel, and for reimbursable expenses. The rates shown in
Appendix B-2 will be increased annually with the first increase effective on or about March 1, 2009.
6.1.3 Storm Water Pollution Prevention Plan
For Storm Water Pollution Prevention Plan services, CITY OF FAYETTEVILLE shall pay MCE for time
spent on the project at the rates shown in attached Appendix B-3 for each classification of MCE
personnel, and for reimbursable expenses. The rates shown in Appendix B-3 will be increased annually
with the first increase effective on or about March 1, 2009.
6.1.4 Construction Phase Services
For the Construction Phase Services described herein, CITY OF FAYETTEVILLE shall pay MCE an
amount to be negotiated at a later date.
6.1.5 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services", compensation to
MCE shall be negotiated at the time Additional Services are authorized.
6.2 Statements
Monthly statements for each calendar month shall be submitted to CITY OF FAYEI 1EVILLE or such
parties as CITY OF FAYETTEVILLE may designate consistent with MCE'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 MCE and
approved by CITY OF FAYETTEVILLE.
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6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of MCE's statement
is disputed by CITY OF FAYE1 1 EVILLE, the undisputed portion shall be paid by CITY OF
FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise MCE 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, MCE 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 MCE 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, fmal payment under this Agreement or settlement upon
termination of this Agreement shall not constitute a waiver of CITY OF FAYE I 1 EVILLE's claims
against MCE or his sureties under this Agreement or applicable performance and payment bonds, if any.
6.5 Fee Changes
Subject to the City Council approval, adjustment of the Not to Exceed amount may be made should MCE
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.
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SECTION 7 - GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, MCE 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
MCE 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 to endorse CITY
OF FAYETTEVILLE. Construction Contractors shall be required to provide
certificates evidencing such insurance to CITY OF FAYETTEVILLE and
MCE.
7.1.3 CITY OF FAYETTEVILLE and MCE 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 MCE's services. A
provision similar to this shall be incorporated into all Construction Contracts
entered into by CITY OF FAYE1 1EVILLE, and all construction Contractors
shall be required to provide waivers of subrogation in favor of CITY OF
FAYETTEVILLE and MCE for damage or liability covered by any
construction Contractor's policy of insurance.
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7.2 Professional Responsibility
7.2.1 MCE will exercise reasonable skill, care, and diligence in the performance of
MCE's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. MCE agrees not to
seek or accept any compensation or reimbursements from the City of
Fayetteville for engineering work it performs to correct any errors, omissions
or other deficiencies caused by MCE's failure to meet customarily accepted
professional engineering practices. CITY OF FAYEI IEVILLE retains all
other remedies to recover for its damages caused by any negligence of MCE.
7.2.2 In addition MCE will be responsible to CITY OF FAYEI IEVILLE for
damages caused by its negligent conduct during its activities at the Project
Site to the extent covered by MCE'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 MCE relating to construction costs and schedules, operation
and maintenance costs, equipment characteristics and performance, and operating results are based on
MCE's experience, qualifications, and judgment as a design professional. Since MCE 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, MCE does not guarantee that actual rates, costs, performance,
schedules, and related items will not vary from cost opinions and projections prepared by MCE.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of MCE's
services, with an appropriate change in compensation and schedule only after Fayetteville City Council
approval of such proposed changes and, upon execution of a mutually acceptable amendment or change
order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of
MCE.
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7.5 Termination
7.5.1 This Agreement may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other party to fulfill its
obligations under this Agreement through no fault of the terminating party,
provided that no termination may be effected unless the other party is given.
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified
mail, return receipt requested) of intent to terminate,
7.5.1.2 An opportunity for consultation with the terminating party prior to
termination.
7.5.2 This Agreement may be terminated in whole or in part in writing by CITY
OF FAYEI IEVILLE for its convenience, provided that MCE 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 MCE at the time of termination may be adjusted to
cover any additional costs to CITY OF FAYETTEVILLE because of
MCE's default.
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7.5.4 If termination for default is effected by MCE, 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 MCE for services rendered and expenses incurred prior to the
termination, in addition to termination settlement costs reasonably incurred
by MCE 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,
MCE 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 MCE
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 MCE to fulfill contractual obligations, it is
determined that MCE had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of CITY OF
FAYETTEVILLE. In such event, adjustments of the agreement price shall
be made as provided in Paragraph 7.5.4 of this clause.
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7.6 Delays
In the event the services of MCE are suspended or delayed by CITY OF FAYETTEVILLE or by other
events beyond MCE's reasonable control, MCE shall be entitled to additional compensation and time for
reasonable costs incurred by MCE in temporarily closing down or delaying the Project.
7.7 Rights and Benefits
MCE'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 MCE 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 MCE 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;
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7.8.3.2 For disputes arising within one year after the making of final payment,
CITY OF FAYE 111,VILLE shall give MCE written Notice at the
address listed in Paragraph 7.14 within thirty (30) days after occurrence
of any incident, accident, or first observance of defect or damage. In
both instances, the Notice shall specify the nature and amount of relief
sought, the reason relief should be granted, and the appropriate portions
of this Agreement that authorize the relief requested.
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project
Managers for CITY OF FAYETTEVILLE and MCE 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 MCE 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 MCE for services rendered by
MCE.
7.10 Publications
Recognizing the importance of professional development on the part of MCE's employees and the
importance of MCE's public relations, MCE may prepare publications, such as technical papers, articles
for periodicals, and press releases, pertaining to MCE's services for the Project. Such publications will be
provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYE I IEVILLE's advance review.
CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's
comments to MCE. 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 MCE's activities pertaining to any such publication shall be for MCE's
account.
Hwy. 265 Water & Sewer Improvements
FY082146
17 Contract — Prime Agreement
•
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 MCE 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
MCE may use or modify MCE's proprietary computer models in service of CITY OF FAYETTEVILLE
under this Agreement, or MCE may develop computer models during MCE's service to CITY OF
FAYETTEVILLE under this Agreement. Such use, modification, or development by MCE does not
constitute a license to CITY OF FAYETTEVILLE to use or modify MCE's computer models. Said
proprietary computer models shall remain the sole property of the MCE. CITY OF FAYE I I EVILLE
and MCE will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use
MCE'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. MCE may retain reproduced copies of drawings and copies of other
documents.
Engineering documents, drawings, and specifications prepared by MCE as part of the Services shall
become the property of CITY OF FAYETTEVILLE when MCE has been compensated for all Services
rendered, provided, however, that MCE shall have the unrestricted right to their use. MCE 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 MCE.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. MCE 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
Hwy. 265 Water & Sewer Improvements
FY082146
18 Contract — Prime Agreement
l
•
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 Attn: David Jurgens, PE
113 W. Mountain
Fayetteville AR 72701
MCE's address:
McClelland Consulting Engineers, Inc. Attn: Branch Manager
1810 North College Avenue
Fayetteville, AR 72703
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and MCE 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 MCE 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 MCE 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 MCE a purchase order, no
preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether
Hwy. 265 Water & Sewer Improvements
FY082146
19 Contract — Prime Agreement
or not signed by MCE, 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 MCE:
8.1.1 MCE shall be and shall remain liable, in accordance with applicable law, for
all damages to CITY OF FAYETTEVILLE caused by MCE's negligent
performance of any of the services furnished under this Agreement except for
errors, omissions or other deficiencies to the extent attributable to CITY OF
FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data,
8.1.2 MCE's obligations under this clause are in addition to MCE'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
MCE 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 MCE 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 MCE 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. MCE shall also maintain
the financial information and data used by MCE in the preparation of support
of the cost submission required for any negotiated agreement or change order
and send to CITY OF FAYETTEVILLE a copy of the cost summary
submitted. The United States Department of Labor, CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall
have access to all such books, records, documents and other evidence for the
Hwy. 265 Water & Sewer Improvements 20 Contract — Prime Agreement
FY082146
purpose of inspection, audit and copying during normal business hours. MCE
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:
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 MCE;
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
MCE 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
Hwy. 265 Water & Sewer Improvements 21 Contract— Prime Agreement
FY082146
fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by
MCE 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 MCE or
any of MCE '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 AHTD 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 MCE 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 MCE as
it could pursue in the event of a breach of the Agreement by MCE. As a
penalty, in addition to any other damages to which it may be entitled by law,
CITY OF FAYETTEVILLE may pursue exemplary damages in an amount
(as determined by CITY OF FAYETTEVILLE) which shall be not less than
three nor more than ten times the costs MCE 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
Hwy. 265 Water & Sewer Improvements 22 Contract — Prime Agreement
FY082146
FAYETTEVILLE, MCE 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.
Hwy. 265 Water & Sewer Improvements 23 Contract — Prime Agreement
FY082146
I understand that a false statement on this certification regarding debarment and suspension may be
grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a
false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY NAME: McClelland Consulting Engineers, Inc.
SIGNATURE: DATE: /cO - 8 —O Z
PRINTED NAME: Daniel Barnes TITLE: President
Hwy. 265 Water & Sewer Improvements 24 Contract — Prime Agreement
FY082146
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
McClelland Consulting Engineers, Inc., by its authorized officer have made and executed this Agreement
as of the day and year first above written.
CITY C
`a.G ` •;per,
_J; ;s By:
:FAYETTEVILLE'
9S:19KAN' ATTES'
By:
McClelland Consulting Engineers, 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
Hwy. 265 Water & Sewer Improvements 25 Contract — Prime Agreement
FY082146
APPENDIX A - SCOPE OF SERVICES
2.1 General
Generally, the scope of services includes design surveys along the Highway 265 corridor from
the vicinity of the north side of Mission Boulevard to the vicinity of the north side of Joyce
Boulevard, as defined by AHTD's Job No. 040517 for widening this segment of Highway 265.
Surveys will be limited to those areas where existing and new water and sewer facilities must be
coordinated with the AHTD highway improvement plans. In addition, design surveys shall be
completed along a corridor between Highway 265 and Old Wire Road, along the Township
Street corridor, or a parallel corridor, that will allow a 36 -inch water main to be routed from
Highway 265 to Old Wire Road in the Township Street vicinity. Preliminary and Final Design
services related to water and sewer improvements within the limits outlined above shall be
completed. The design work shall cover a 36 -inch water main from the existing original 36 -inch
main in the vicinity of the Highway 265/Joyce Boulevard intersection, along the east side of the
new Highway 265 right of way to the vicinity of Township Street, then west to interconnect with
the existing 36 -inch main in Old Wire Road. From the Highway 265/Township intersection
vicinity, a 24 -inch main shall be routed along the east side of the new Highway 265 right of way
to the end of an existing 24 -inch water main located approximately 960 feet north of the
Highway 265/Highway 45 (Mission Boulevard) intersection. Design services shall also include
necessary water and sewer interconnections and replacements, water meter replacements, and
related work as necessary to accommodate the 36 -inch and 24 -inch water main design as well as
the AHTD Highway 265 Job No. 040517 widening plans. Approximately 17,130 feet of 36 -inch
and 24 -inch water main is anticipated.
2.2 Design Surveys, Preliminary Design, Final Design and Bidding Services
2.2.1 Design Surveys
MCE will complete design surveys as necessary to located existing water and sewer
facilities and to located other existing utilities that are marked by One -Call services in areas
required to accommodate the AHTD widening plans and the 36 -inch water main design from
Highway 265 to Old Wire Road. Design surveys shall also cover the areas along the new
Highway 265 right of way where required for the design of the new water and sewer facilities.
Areas where there are no water and sewer conflicts and no new water and sewer facilities are
required will not be surveyed. This includes a significant portion of the west side of the
Highway 265 project. MCE shall rely on the Fayetteville water and sewer atlas information for
general utility locations and on Fayetteville's personnel marking water and sewer facilities
during the one call process for design survey locations.
Hwy. 265 Water & Sewer Improvements
FY082146
Appendix
2.2.2 Preliminary Design
Preliminary plans shall be submitted to the City of Fayetteville for the purpose of
confirming the final design scope of work, including the extent of new water and sewer mains,
the location of interconnections, coordination issues with the highway plans, preliminary
easement requirements, anticipated right of way conflicts, and a preliminary estimate of
construction costs. The preliminary plans shall include illustrating the proposed work on the
Highway Department plans, with minimal profile information.
2.2.3 Final Design
Based on review comments from Preliminary Design, the Final Design and Project
Specifications shall be completed, including plans, profiles, details, AHTD coordination issues,
final estimated construction cost, easement requirements, and related documents as necessary to
obtain approvals by the City of Fayetteville, the Arkansas Department of Health and the
Arkansas Highway and Transportation Department. Once it is evident that the Final. Design is
acceptable, appropriate documents suitable for submission to the Corps of Engineers for creek
crossing permits shall be developed. Final Design deliverables shall include:
1. Two full sized sets of plans and project specifications, as well as cost estimates
for the City of Fayetteville.
2. Six full sized sets of plans and cost estimates for AHTD.
3. Two full sized sets of plans and specifications for the Health Department.
4. A summary of easement requirements for the City of Fayetteville.
2.2.4 Bidding Phase
MCE shall assist the City of Fayetteville with an Advertisement for Bids, issue plans and
specifications to Plan Rooms, assist in addressing bidders questions, issue Addenda as authorized
by the City of Fayetteville, attend a Prebid Conference if desired by the City of Fayetteville,
attend the bid opening and prepare Bid Tabulation with. an award recommendation. In addition,
MCE shall prepare a summary of the project costs and the estimated AHTD reimbursement value
based on the actual bid prices.
2.3 Property Surveys, Property Mapping, Easement Mapping and Easement Preparation
Services
2.3.1 Property Surveys
MCE shall rely on the AHTD Highway 265 right of way plans, the AHTD ownership
map and Fayetteville easement atlas information for the initial evaluation of easement
requirements. Based on those sources of information, an initial map of easements needs
will be submitted to the City of Fayetteville. Upon Fayetteville's concurrence, property
surveys as necessary to confirm property lines needed for the easement preparation
process will be completed. The property survey process shall include verification of
current property ownership/current property legal descriptions based on courthouse
records.
Hwy. 265 Water & Sewer Improvements 2 Appendix
FY082146
2.3.2 Property Mapping
The AHTD property maps shall be updated/modified based on any changes determined
during the property survey process and property ownership verification process. For the
36 -inch main between Highway 265 and O1d Wire Road, property mapping shall be
limited to areas where interconnections or the water main route is outside of the existing
street right of way.
2.3.3 Easement Mapping
The easement
maps obtained from Fayetteville atlas sheets shall be
updated as needed to
reflect more
current existing
easement records, as provided by
City of Fayetteville
personnel, in
areas where the
exact location of existing easements
has an impact on the
project. New
easements shall
be added to this easement map and to the project plans, as
necessary to
illustrate to the
bidders and construction contractor the limits of their
authorized work
areas.
2.3.4 Easement Preparation Services
For those areas identified and subsequently approved by the City of Fayetteville,
individual easement legal descriptions and tract maps will be prepared in accordance with
criteria established by the City of Fayetteville, generally in accordance with documents
prepared on previous projects. It is anticipated that as many as 42 new easement
documents may be required and as many as 12 of these documents may require revisions
based on design changes by AHTD or the City of Fayetteville.
2.4 Storm Water Pollution Prevention Plan Services
A Storm Water Pollution Prevention Plan shall be completed at the end of the design
phase, to conform to the design documents and ADEQ criteria, and to further be
acceptable to the City of Fayetteville.
2.5 Geotechnical Services
The scope of Geotechnical Services will be added with a future amendment to this
agreement.
2.6 Construction Phase Services
The scope of Construction Phase Services will be added with a future amendment to this
agreement.
2.7 Extra Work
The following items are not included under this agreement but will be considered as extra
work:
1. Redesign for the City's convenience or due to changed conditions after prior approval
or conflicting direction from the City or from AHTD.
2. Submittals or deliverables in addition to those listed in paragraph 2.2.3.
3. Environmental Assessment.
4. Work related to environmentally or historically (culturally) significant items.
Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as
agreed upon by the City of Fayetteville and MCE.
Hwy. 265 Water & Sewer Improvements 3 Appendix
FY082146
2.8 Schedule
MCE will begin work under this Agreement within ten (10) days of a Notice to Proceed and will
complete the work in accordance with the schedule below:
Phase Description Calendar Days
Design Survey
Draft Preliminary Design
Preliminary Design Review
Final Design
Final Design Approval
Easement Preparation
Bidding Phase
Storm Water Pollution Prevention Plan
Hwy. 265 Water & Sewer Improvements
FY082146
120
days
from
start date
45
days
from
completion of Design Surveys
30
days
from
Preliminary Design Submittal
90
days
from
Preliminary Design Review
75
days
from
Final Design Submittal
60
days
from
Final Design Approval
75
days
from
Final Design Approval
Concurrent with Easement Preparation
Appendix
APPENDIX B - FEE PROPOSAL
B-1, Fee Proposal For
Design Surveys, Preliminary Design,
Final Design and Bidding Assistance
In Conjunction with the Highway 265
Water and Sewer Relocation and Improvements
AHTD Job No. 040517
Fayetteville, Arkansas
Labor Classification
Time/Hours Labor Rate
Extended
Project Manager
1160 $44.57
$51,701.20
Project Engineer
240 $35.58
$8,539.20
Senior Engineering Tech
196 $26.25
$5,145.00
Engineering Tech
100 $19.50
$1,950.00
Chief Draftsman
280 $21.00
$5,880.00
Senior Draftsman
440 $16.00
$7,040.00
Survey Supervisor, RLS
116 $25.25
$2,929.00
Registered Land Surveyor
32 $20.50
$656.00
Survey Crew (2 man)
72 $35.60
$2,563.20
Robotic Survey Crew
340 $35.60
$12,104.00
Surveyor (1 man)
40 $20.00
$800.00
Computer Tech
328 $23.00
$7,544.00
Clerical Support
96 $16.59
$1,592.64
Direct Labor
$108,444.24
Payroll Expenses (34.23%)
$37,120.46
Subtotal, Direct Payroll
$145,564.70
Travel, 480 miles @ $0.50
$240.00
Reproduction
$1,200.00
Materials and Supplies
$500.00
Subtotal, Direct Costs
$147,504.70
Indirect Costs (112.79%)
$166,370.55
Subtotal, Direct and Indirect
$313,875.25
Profit
$37,664.75
Total Design Costs
$351,540.00
FY082146 Appendix B-1
B-2, Fee Proposal For
Property Surveys, Property Mapping,
Easement Mapping and Easement Preparation Services
In Conjunction with the Highway 265
Water and Sewer Relocation and Improvements
AHTD Job No. 040517
Fayetteville, Arkansas
Labor Classification
Time/Hours Labor Rate Extended
Project Manager
16 $44.57
$713.12
Chief Draftsman
8 $21.00
$168.00
Senior Draftsman
20 $16.00
$320.00
Survey Supervisor, RLS
36 $25.25
$909.00
Registered Land Surveyor
384 $20.50
$7,872.00
Survey Crew (2 man)
12 $35.60
$427.20
Robotic Survey Crew
32 $35.60
$1,139.20
Surveyor (1 man)
16 $20.00
$320.00
Computer Tech
48 $23.00
$1,104.00
Clerical Support
16 $16.59
$265.44
Direct Labor
$13,237.96
Payroll Expenses (34.23%)
$4,531.35
Subtotal, Direct Payroll
$17,769.31
Travel, 60 miles @ $0.50
$30.00
Reproduction
$60.00
Materials and Supplies
$140.00
Subtotal, Direct Costs
$17,999.31
Indirect Costs (112.79%)
$20,301.43
Subtotal, Direct and Indirect
$38,300.74
Profit
$4,596.26
Total Design Costs
$42,897.00
FY082146 Appendix B-2
B-3, Fee Proposal For
Storm Water Pollution Prevention Plan Services
In Conjunction with the Highway 265
Water and Sewer Relocation and Improvements
AHTD Job No. 040517
Fayetteville, Arkansas
Labor Classification
Time/Hours Labor Rate
Extended
Project Manager
3 $44.57
$133.71
Project Engineer
20 $35.58
$711.60
Senior Draftsman
4 $16.00
$64.00
Computer Tech
1 $23.00
$23.00
Clerical Support
2 $16.59
$33.18
Direct Labor
$965.49
Payroll Expenses (34.23%)
$330.49
Subtotal, Direct Payroll
$1,295.98
Reproduction
$40.00
Subtotal, Direct Costs
$1,335.98
Indirect Costs (112.79%)
$1,506.85
Subtotal, Direct and Indirect
$2,842.83
Profit
$341.17
Total Design Costs
$3,184.00
FY082146
Appendix B-3
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Operations
Division: Water & Sewer Maintenance
2008 Program: Capital Water Mains
Project or Item Added/increased;
Highway 265 Water and Sewer Relocation and 36"
Water Transmission Line increased by $400,000.
Justification of this Increase:
Project is to be funded by Revenue bonds. This action
shall take place in 2009. At that time, the water and
sewer fund shall be reimbursed for the engineering
expenses covered by this budget adjustment.
Date Requested Adjustment Number
S.
!4/Vov 08
roject or Item Deleted/Reduced:
Highway 62 Water Line Relocations reduced by
$35,575.00. The project is complete and these budgeted
funds were not used. Farmington Sewer Rehabilitation
reduced by $364,425. Per follow-on decisions, this
project was funded from the overall sanitary sewer
rehabilitation project Therefore, these funds are no
longer required.
Justification of this Decrease:
Highway 62 Water Line Relocations are complete and
these budgeted funds were not used. Farmington
Sewer Rehabilitation project was funded from the overall
sanitary sewer rehabilitation project. Therefore, these
funds are no longer required.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount
Project Number
Water line improvements 5400 5600 5808 00 400,000 08072
Account Name
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount Project Number
Water line improvements 5400 5600
Sewer improvements 5400 5700
Approval Signatures
Requested By Date
Date
5808 00 35,575 04034 )
5815 00 364,425 04042 /_
Budget Office Use Only
Type: A B C. E
Posted to General Ledger
Initial Date
AND.J 0
Date Posted to Project Accounting
Initial Date
Date Entered in Category Log
Initial Date
Date
City of Fayetteville " i2J/b/Ot
r Staff Review Form a3� t \ City Council Agenda Items
or c q&114q/Il0(
Contracts
2 -Dec -081 OVil�J
City Council Meeting Date
David Jurgens Wastewater System Imp Project Water/Wastewater
Submitted By Division Department
Action Required:
Approval of an Engineering contract with McClelland Consulting Engineers in the amount of $397,621, for
3ineering design services for water and sewer relocations and concurrent construction of a 36" water transmission
in associated with Highway 265 Widening from Mission to Joyce Boulevard, approve a 5% contingency of
),000, and approve a budget adjustment.
$ 417,621
Cost of this request
5406- S600 -S80 .0O
Account Number
02133 0302 o90i 2 -
Project Number
Budgeted Item JJ
City Attorney
P J c
Finance and Internal Service Director
$
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Wastewater System Imp Project
Program Category / Project Name
Water and Wastewater
Program / Project Category Name
Water/Sewer
Fund Name
Previous Ordinance or Resolution #
Date Original Contract Date:
Original Contract Number:
F/f islet
Date
Received in City Clerk's Office
tt •1_-ag
Date
Received in Mayor's Offce �ER
Date
ay�ettevle
City Council Meeting of December 2, 2008
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
Fayetteville Sewer Committee
From: David Jurgens, Water and Wastewater Director
Date: 10 November 2008
Subject: Approval of an Engineering contract with McClel d Consulting Engineers in the amount
of $397,621, for Engineering design services for water and s wer relocations and concurrent
construction of a 36" water transmission main associated with Highway 265 Widening from
Mission to Joyce Boulevard, approve a 5% contingency of $20,000, and approve a budget
adjustment.
City Administration recommends approval of an Engineering contract with McClelland Consulting
Engineers in the amount of $397,621, for Engineering design services for water and sewer
relocations and concurrent construction of a 36" water transmission main associated with Highway
265 widening from Mission to Joyce Boulevard, approve a 5% contingency of $20,000, and approve
a budget adjustment.
BACKGROUND
The project involves two simultaneous and collocated functions. The first is relocating water and
sewer lines as a result of the combined Arkansas Highway Department (AHTD) and City widening
of Crossover Road (Hwy 265) between Mission and Joyce. The second is installing a 36" and 24"
transmission main along Crossover to connect to the existing 24" main on Crossover at Mission and
the existing 36" main on Old Wire Road. This is the second phase of the transmission main
replacement, completing the eastern portion of the loop that was initially constructed when the
southern section of Crossover Road between Mission and Huntsville was widened by the AHTD.
The scope of work for this project consists primarily of
- Field surveys to confirm rights -of -ways and utility locations
- project cost estimating with AHTD and Fayetteville shares predicted
- right-of-way requirement identification and easement document development
- final engineering design
This contract does not include construction phase a services. That will either be accomplished by
amendment to this contract or using in-house staff.
BUDGET IMPACT
This project will be funded using a Water and Sewer revenue bond, expected to be executed in early
2009. Funding for the design is available from funds remaining in the following projects as each
was completed below budget.
Hwy 265 361n CCMcmo 4Nov08
RESOLUTION NO.
A RESOLUTION APPROVING AN ENGINEERING CONTRACT WITH
McCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF
$397,621.00 FOR DESIGN SERVICES FOR WATER AND SEWER
RELOCATIONS AND CONCURRENT CONSTRUCTION OF A 36" WATER
TRANSMISSION MAIN ASSOCIATED WITH THE WIDENING OF
HIGHWAY 265 FROM MISSION TO JOYCE BOULEVARD; APPROVING A
$20,000.00 CONTINGENCY; AND APPROVING A BUDGET ADJUSTMENT
IN THE AMOUNT OF $400,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves
an Engineering Contract with McClelland Consulting Engineers, Inc. in the amount of
$397,621.00 for design services for water and sewer relocations and concurrent construction of a
36" water transmission main associated with the widening of Highway 265 from Mission to
Joyce Boulevard. A copy of the contract, marked Exhibit "A," is attached hereto and made a
part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
contingency in the amount of $20,000.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
Budget Adjustment in the amount of $400,000.00.
PASSED and APPROVED this 2n° day of December, 2008.
APPROVED:
By:
ATTEST:
By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
AVEEMcCLELLAND
CONSULTING
DFSI C NED! TO•S ER V Ff1 ENGINEERS, INC.
October 8, 2008
Mr. Shannon Jones, P.E.
Engineering Department
City of Fayetteville
113 W Mountain St.
Fayetteville, AR 72701
Re: Highway 265/Township Road Water & Sewer Replacement
Dear Mr. Jones:
1810 N. College Avenue
P.O. Box 1229
Fayetteville, Arkansas 72703 / 72702-1229
PHONE: 479-443.2377
FAX: 479-443-9241
Enclosed please find three copies of a proposed Engineering Agreement for the referenced project,
with a Storm Water Pollution Prevention Plan included in the scope of work. Also enclosed are three
cost estimates. These are based on using the Fayetteville water and sewer atlas information and on
using the current copy of the AHTD Highway 265 right of way plans. These cost estimates are somewhat
updated from the preliminary estimate for the whole project, as previously submitted on September 9,
2008.
Table No. 1 is a cost estimate for a new 36 -inch and 24 -inch main along Highway 265, plus the
necessary utility relocation work to accommodate the Highway 265 project. Table No. 2 is a cost
estimate for the 36 -inch main along Township Street between Old Wire Road and Highway 265. These
two tables result in a construction, only, cost estimate total of $7,549,300. This is higher than the
previous estimate because I overlooked an empty casing for a future sewer crossing near Kaylor Drive on
the previous estimate.
Table No. 3 is a cost estimate for replacing the existing water and sewer facilities with an equivalent
sized system. It generally consists of a 12 -inch water main along the east side of Highway 265, plus a
segment of 36 -inch water main just south of Joyce Boulevard, to replace the existing 36 -inch diagonal
crossing. Other items include:
1. New water and sewer highway crossings, to replace existing crossings.
2. Two completely new 8 -inch water main crossings at Weston Place and Par Court, to
interconnect to dead end mains at these street intersections at Highway 265. These crossings
would be considered "improvements," and would not be eligible for AHTD reimbursement.
3. Extensions of existing empty casings near the Old Wire Road Lift Station and near Kaylor Drive.
These are for future sewer crossings.
4. Extensions of casings on the existing gravity sewer and force main that cross the Old Wire
Road/Highway 265 intersection on a diagonal.
5.
Rerouting and
reconnecting water mains in the Joyce Boulevard
vicinity.
6.
Extending the
existing 52 -inch casing on the 36 -inch water main
along Joyce Boulevard.
l:FY082146/Correspondence/Jones 10-8.doc
I
Table No. 3 lists these equivalent system quantities that are expected to be eligible for
reimbursement and those expected to be ineligible. Eligible items include replacements for all items on
easements, outside the existing right of way, and these items in the right of way that existed prior to the
highway construction. These items include the old 36 -inch diagonal crossing south of Joyce, the 18
gravity sewer diagonal crossing at Old Wire Road, and the Old Wire Road Lift Station chain link fence.
Ineligible items include replacing the highway crossings completed after the highway right of way was
established, as well as the two 8 -inch "improvement" crossings listed above.
Based on my understanding of the current quantities and utility locations, we estimate that
$2,542,855 will be eligible for AHTD reimbursement, as listed at the bottom of Table No. 3. This value
can be deducted from the $4,993,400 listed in Table No. 1. to illustrate the cost of constructing the
36'724" main along Highway 265, as compared to the equivalent system 12" main. Consequently, of the
total estimated construction cost as listed in Table No. 1 and No. 2 of $7,549,300 the City should expect
to pay $5,006,445 and $2,542,855 should be reimbursed by the Highway Department. These costs do
not include contingencies, engineering, easements or administrative expenses.
Please let me know if there are questions on these items.
Very Truly Yours,
McClelland Consulting Engineers, Inc.
Robert W. White, P.E.
Vice-President/Partner
Encl: Engineering Agreement
Cost Estimates
J:FV082146/Correspondence/Jones 10-8.doc
TABLE NO. 1
PRELIMINARY COST ESTIMATE
36"/24" WATER MAIN ALONG HIGHWAY 265
OCTOBER 7, 2008
Estimated
Estimated
Item
Quantity
Units
Unit Price
Extended
36 -Inch Water Main
9,585
FT
$200
$1,917,000
24 -Inch Water Main
1,810
FT
$120
$217,200
12 -Inch Water Main
330
FT
$75
$24,750
8 -Inch Water Main
1,580
FT
$40
$63,200
6 -Inch Water Main
100
FT
$35
$3,500
2 -Inch Water Main
2,560
FT
$25
$64,000
1 -Inch Service Line
380
FT
$15
$5,700
36 -Inch Butterfly Valve
15
EA
$24,000
$360,000
24 -Inch Butterfly Valve
2
EA
$8,000
$16,000
8 -Inch Gate Valve
22
EA
$1,500
$33,000
6 -Inch Gate Valve
10
EA
$1,200
$12,000
2 -Inch Gate Valve
10
EA
$800
$8,000
36 -Inch Connection
2
EA
$20,000
$40,000
24 -Inch Connection
1
EA
$10,000
$10,000
8 -Inch Connection
2
EA
$1,500
$3,000
2 -Inch Connection
1
EA
$600
$600
36" X 8" Tapping Sleeve and Valve
1
EA
$14,000
$14,000
12" x 12" Tapping Sleeve and Valve
2
EA
$12,000
$24,000
8" x 8" Tapping Sleeve and Valve
6
EA
$4,000
$24,000
6" x 6" Tapping Sleeve and Valve
2
EA
$3,500
$7,000
Abandon Valve
30
EA
$200
$6,000
Ductile Iron Fittings
81,000
LB
$7
$567,000
3 -Way Fire Hydrant
19
EA
$2,800
$53,200
Remove Fire Hydrant
14
EA
$1,000
$14,000
2 -Inch Blowoff
5
EA
$700
$3,500
Remove Air Release Valve
1
EA
$600
$600
6 -Inch Air Release Valve Assembly
3
EA
$8,000
$24,000
New Water Meter Setting
19
EA
$800
$15,200
Remove Water Meter Setting
19
EA
$150
$2,850
Cut and Cap 12" Main
3
EA
$1,000
$3,000
Cut and Cap 8" Main
6
EA
$900
$5,400
Cut and Cap 6" Main
2
EA
$800
$1,600
Cut and Cap 2 1/4" Main
1
EA
$500
$500
52 -Inch Direct Bury Casing
150
FT
$700
$105,000
48 -Inch Bored Casing
340
FT
$850
$289,000
48 -Inch Direct Bury Casing
200
FT
$350
$70,000
36 -Inch Direct Bury Casing
305
FT
$300
$91,500
30 -Inch Direct Bury Casing
170
FT
$250
$42,500
24 -Inch Bored Casing
155
FT
$600
$93,000
16 -Inch Bored Casing
820
EA
$450
$369,000
J:2008/082146/Cost Estimates/Preliminary Cost Estimate -Aids
TABLE NO. 1 (cont.)
36"/24" WATER MAIN ALONG HIGHWAY 265
16 -Inch Direct Bury Casing
20
FT
$100
$2,000
12 -Inch Gravity Sewer
210
FT
$50
$10,500
Sewer Manhole
3
EA
$2,800
$8,400
12" x 4" Sewer Wye
1
EA
$300
$300
4 -Inch Sewer Service
20
FT
$20
$400
Fill Abandoned 36" w/Grout
970
FT
$70
$67,900
Asphalt Surface Restoration
1,100
SY
$65
$71,500
Concrete Street and Driveway Restoration
200
SY
$70
$14,000
Sidewalk Restoration
20
SY
$50
$1,000
Curb Restoration
150
FT
$22
$3,300
Granular Fill
2,300
TN
$21
$48,300
Rock Excavation
1,400
CV
$90
$126,000
Chain Link Fence Replacement
100
FT
$20
$2,000
Erosion Control
1
EA
$20,000
$20,000
Trench Safety
1
EA
$14,000
$14,000
Construction Subtotal
$4,993,400
J:2008/082146/Cost Estimates/Preliminary Cost Estimate-A.xis
TABLE NO. 2
PRELIMINARY COST ESTIMATE
TOWNSHIP STREET 36 -INCH WATER MAIN
OCTOBER 7, 2008
Estimated
Estimated
Item
Quantity
Units
Unit Price
Extended
36 -Inch Water Main
5,220
FT
$200
$1,044,000
8 -Inch Water Main
60
FT
$40
$2,400
6 -Inch Water Main
200
FT
$35
$7,000
36 -Inch Butterfly Valve
6
EA
$24,000
$144,000
6 -Inch Gate Valve
7
EA
$1,200
$8,400
36 -Inch Connection
1
EA
$20,000
$20,000
6 -Inch Connection
1
EA
$1,400
$1,400
8" x 8" Tapping Sleeve and Valve
1
EA
$4,000
$4,000
6" x 6" Tapping Sleeve and Valve
1
EA
$3,500
$3,500
Ductile Iron Fittings
24,000
LB
$7
$168,000
3 -Way Fire Hydrant
6
EA
$2,800
$16,800
Remove Blowoff
1
EA
$600
$600
48 -Inch Bored Casing
150
FT
$850
$127,500
48 -Inch Direct Bury Casing
160
FT
$350
$56,000
Asphalt Surface Restoration
200
SY
$65
$13,000
Concrete Street and Driveway Restoration
7,500
SY
$70
$525,000
Sidewalk Restoration
70
SY
$50
$3,500
Curb Restoration
4,800
FT
$22
$105,600
Granular Fill
11,200
TN
$21
$235,200
Rock Excavation
600
CV
$90
$54,000
Erosion Control
1
EA
$10,000
$10,000
Trench Safety
1
EA
$6,000
$6,000
Construction Subtotal
$2,555,900
J:2008/082146/Cost Estimates/Preliminary Cost Estimate.xls
•
ESTIMATED
HIGHWAY
Item
TABLE NO. 3
PRELIMINARY COST ESTIMATE
HIGHWAY DEPARTMENT REIMBURSEMENT
265 EQUIVALENT SYSTEM REPLACEMENT
OCTOBER 7, 2008
AHTD ELIGIBLE FOR
REIMBURSEMENT
Estimated Estimated
Unit Price Units Quantity Extended
AHTD INELIGIBLE FOR
REIMBURSEMENT
Estimated
Quantity Extended
36 -Inch Water Main
$200
FT
1,160
$232,000
0
$0
12 -Inch Water Main
$75
FT
10,345
$775,875
130
$9,750
8 -Inch Water Main
$40
FT
750
$30,000
730
$29,200
6 -Inch Water Main
$35
FT
200
$7,000
0
$0
2 -Inch Water Main
$25
FT
40
$1,000
0
$0
1 -Inch Service Line
$15
FT
380
$5,700
0
$0
36 -Inch Butterfly Valve
$24,000
EA
5
$120,000
0
$0
12 -Inch Butterfly Valve
$2,800
EA
10
$28,000
2
$5,600
8 -Inch Gate Valve
$1,500
EA
6
$9,000
5
$7,500
6 -Inch Gate Valve
$1,200
EA
18
$21,600
0
$0
2 -Inch Gate Valve
$800
EA
1
$800
0
$0
36 -Inch Connection
$20,000
EA
2
$40,000
0
$0
8 -Inch Connection
$1,500
EA
1
$1,500
2
$3,000
2 -Inch Connection
$600
EA
1
$600
0
$0
36" x 8" Tapping Sleeve and Valve
$14,000
EA
1
$14,000
0
$0
12" x 12" Tapping Sleeve and Valve
$12,000
EA
1
$12,000
1
$12,000
8" x 8" Tapping Sleeve and Valve
$4,000
EA
5
$20,000
1
$4,000
6" x 6" Tapping Sleeve and Valve
$3,500
EA
2
$7,000
0
$0
Abandon Valve
$200
EA
29
$5,800
1
$200
Ductile Iron Fittings
$7
LB
23,000
$161,000
700
$4,900
3 -Way Fire Hydrant
$2,800
EA
19
$53,200
0
$0
Remove Fire Hydrant
$1,000
EA
14
$14,000
0
$0
Remove Air Release Valve
$600
EA
1
$600
0
$0
2 -Inch Air Release Valve Assembly
$4,000
EA
3
$12,000
0
$0
New Water Meter Setting
$800
EA
19
$15,200
0
$0
Remove Water Meter Setting
$150
EA
19
$2,850
0
$0
Cut and Cap 12" Main
$1,000
EA
2
$2,000
1
$1,000
Cut and Cap 8" Main
$900
EA
6
$5,400
0
$0
Cut and Cap 6" Main
$800
EA
2
$1,600
0
$0
Cut and Cap 2 1/4" Main
$500
EA
1
$500
0
$0
52 -Inch Direct Bury Casing
$700
FT
150
$105,000
0
$0
48 -Inch Bored Casing
$850
FT
150
$127,500
80
$68,000
48 -Inch Direct Bury Casing
$350
FT
270
$94,500
30
$10,500
36 -Inch Direct Bury Casing
$300
FT
295
$88,500
10
$3,000
30 -Inch Direct Bury Casing
$250
FT
170
$42,500
0
$0
24 -Inch Bored Casing
$600
FT
185
$111,000
80
$48,000
J:2008/082146/Cost Estimates/Preliminary Cost Estimate 10 -lids
TABLE NO. 3 (cont.)
HIGHWAY 265 EQUIVALENT SYSTEM REPLACEMENT
16 -Inch Bored Casing
$450
EA
280
$126,000
540
$243,000
16 -Inch Direct Bury Casing
$100
FT
20
$2,000
0
$0
12 -Inch Gravity Sewer
$50
FT
130
$6,500
80
$4,000
Sewer Manhole
$2,800
EA
3
$8,400
0
$0
12" x 4" Sewer Wye
$300
EA
1
$300
0
$0
4 -Inch Sewer Service
$20
FT
20
$400
0
$0
Fill Abandoned 36" w/Grout
$70
FT
970
$67,900
0
$0
Asphalt Surface Restoration
$65
SY
640
$41,600
100
$6,500
Concrete Street & Driveway Restoration
$70
SY
100
$7,000
40
$2,800
Sidewalk Restoration
$50
SY
10
$500
5
$250
Curb Restoration
$22
FT
140
$3,080
10
$220
Granular Fill
$21
TN
950
$19,950
200
$4,200
Rock Excavation
$90
CV
600
$54,000
45
$4,050
Chain Link Fence Replacement
$20
FT
100
$2,000
0
$0
Erosion Control
$20,000
EA
1
$20,000
1
$1,500
Trench Safety
$14,000
EA
1
$14,000
1
$1,000
Construction Subtotals
$2,542,855
$474,170
J:2008/082146/Cost Estimates/Preliminary Cost Estimate 10-7.xls
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Page 1 of 1
Clarice Pearman - Res. 234-08
From: Clarice Pearman
To: Jurgens, David
Date: 12.19.08 5:28 PM
Subject: Res. 234-08
CC: Audit; Fell, Barbara; Vice, Peggy
Attachments: Audit; Fell, Barbara; Vice, Peggy
David:
Attached is a copy of the above ordinance passed by City Council. I am forwarding to you two of three signed agreements. I
will forward to Purchasing your purchase requisition and to Budget & Research your budget adjustment. Please let me know if
there is anything else needed for this item. Have a good day.
Thanks.
Clarice
file://C:\Documents%20and%20 Settings\cpeannan.000\Local%2OSettings\Temp\XPgrpwise\494BD9C3... 12.19.08