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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. Hwy. 265 Water & Sewer Improvements FY082146 1 Contract — Prime Agreement 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. Hwy. 265 Water & Sewer Improvements FY082146 2 Contract — Prime Agreement r 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. Hwy. 265 Water & Sewer Improvements FY082146 3 Contract — Prime Agreement 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. Hwy. 265 Water & Sewer Improvements FY082146 4 Contract — Prime Agreement 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. Hwy. 265 Water & Sewer Improvements FY082146 5 Contract —Prime Agreement • 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. Hwy. 265 Water & Sewer Improvements FY082146 6 Contract —Prime Agreement 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. Hwy. 265 Water & Sewer Improvements FY082146 7 Contract — Prime Agreement • 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. Hwy. 265 Water & Sewer Improvements FY082146 8 Contact — Prime Agreement • 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. Hwy. 265 Water & Sewer Improvements FY082146 9 Contract — Prime Agreement 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. Hwy. 265 Water & Sewer Improvements FY082146 10 Contract — Prime Agreement 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. Hwy. 265 Water & Sewer Improvements FY082146 11 Contract — Prime Agreement 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. Hwy. 265 Water & Sewer Improvements 12 Contract — Prime Agreement FY082146 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. Hwy. 265 Water & Sewer Improvements FY082146 13 Contract —Prime Agreement 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. Hwy. 265 Water & Sewer Improvements FY082146 14 Contract — Prime Agreement 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. Hwy. 265 Water & Sewer Improvements FY082146 15 Contract —Prime Agreement 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; Hwy. 265 Water & Sewer Improvements FY082146 16 Contract — Prime Agreement 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 p. d a o D7 O v O) Cl. A w N L a C o < m v `Z m o (Jn� N y03 0N x b W N O 'C N N N # V N i y N J S w N ^ Cm 3 �2 S °' a m o a a CD x p d I N J y O m O (0 C) CO a O G C a Co o a % Z 3 N m d A ° O Oy /0 l� D m o 0 0 C C W O v' n a N ^ O n m CDD 0) d o x J a. m m g '0 0 a •0 • 0 w 0 a 0 w 0 0 0 a 0 w o d p (p ° O O O 0 0 0 O O 0 0 N n J 0) O O O O O O O O O O - n C p O O 3 » m 3 N T T b O NO w Oa m n -40< ^ b oD C ' N m N o O ° S d N D y C d o m y o z m U. C 3 3 0 0 a o S m m N O d n d � o -� o m m o m c .G_'0 d m ' c ° n J V b V O • d p ° Z ° w w < m C )O (0 d N O D N N N ° N d 0 N a D p p p a y p p o o CD CD C CD n b N CD 0 i. Ln 2 J 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