HomeMy WebLinkAbout120-12 RESOLUTIONRESOLUTION NO. 120-12
A RESOLUTION APPROVING A CONTRACT WITH MCCLELLAND
CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $388,600.00 FOR
WATER TRANSMISSION LINE LAYOUT AND EASEMENT ACQUISITION
RELATED TO A THIRD CONNECTION TO BEAVER WATER DISTRICT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a
contract with McClelland Consulting Engineers, Inc. in the amount of $388,600.00 for water
transmission line layout and easement acquisition related to a third connection to Beaver Water
District. A copy of the contract is attached to this Resolution as Exhibit "A".
PASSED and APPROVED this 5th day of June, 2012.
APPROVED: ATTEST:
By:
By: 4A4.1440.' c', /011144
SONDRA 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 J J j , 2012, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
MCCLELLAND CONSULTING ENGINEERS, INC. (hereinafter called MCCLELLAND
CONSULTING ENGINEERS).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the investigation, planning, and preliminary design of the Fayetteville Water Transmission Main
Western Corridor. Therefore, CITY OF FAYETTEVILLE and MCCLELLAND CONSULTING
ENGINEERS in consideration of their mutual covenants agree as follows:
MCCLELLAND CONSULTING ENGINEERS shall serve as CITY OF FAYETTEVILLE's professional
engineering consultant in those assignments to which this Agreement applies, and shall give consultation
and advice to CITY OF FAYETTEVILLE during the performance of MCCLELLAND CONSULTING
ENGINEERS' 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.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of MCCLELLAND CONSULTING ENGINEERS.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of MCCLELLAND CONSULTING ENGINEERS.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
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SECTION 2 - BASIC SERVICES OF MCCLELLAND CONSULTING ENGINEERS
2.1 General
2.1.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1.1 The Scope of Services to be furnished by MCCLELLAND CONSULTING ENGINEERS
during the Survey (Topographic and Boundary), Preliminary Alignment and Easement
Acquisition Phase is included in Section 2.2 hereafter and in Appendix A attached hereto
and made part of this Agreement.
2.1.2 MCCLELLAND CONSULTING ENGINEERS shall coordinate their activities and services
with the CITY OF FAYETTEVILLE. MCCLELLAND CONSULTING ENGINEERS and
CITY OF FAYETTEVILLE agree that MCCLELLAND CONSULTING ENGINEERS has
full responsibility for the engineering services.
2.2 Engineering Services — Water Transmission Line Layout and Easement Acquisition.
2.2.1 Perform engineering services for the Water Transmission Line Layout and Easement
Acquisition as described in the Scope of Services in Appendix A.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall,
3.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.2 Assist MCCLELLAND CONSULTING ENGINEERS by placing at MCCLELLAND
CONSULTING ENGINEERS' disposal all available information pertinent to the assignment
including previous reports and any other data relative thereto.
3.3 Guarantee access to and make all provisions for MCCLELLAND CONSULTING
ENGINEERS to enter upon public and private property as required for MCCLELLAND
CONSULTING ENGINEERS to perform the services under this Agreement.
3.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by MCCLELLAND CONSULTING ENGINEERS and render in writing decisions
pertaining thereto within seven (7) calendar days.
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3.5 The Utilities Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The Utilities Engineer 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.
3.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to MCCLELLAND CONSULTING ENGINEERS in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. MCCLELLAND
CONSULTING ENGINEERS 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. The anticipated schedule for this project is included as
Appendix A.
SECTION 5 _ PAYMENTS TO MCCLELLAND CONSULTING ENGINEERS
5.1 Compensation
5.1.1 Water Transmission Line Layout and Easement Acquisition
The maximum not -to -exceed amount authorized for this Agreement is $388,600.00. The CITY OF
FAYETTEVILLE shall compensate MCCLELLAND CONSULTING ENGINEERS based on a Unit
Price or Lump Sum basis as described in Appendix A.
5.1.1.1 Subject to the City Council approval, adjustment of the not -to -exceed amount may be
made should MCCLELLAND CONSULTING ENGINEERS 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
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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.
5.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with MCCLELLAND CONSULTING ENGINEERS'
normal billing schedule. Once established, the billing schedule shall be maintained
throughout the duration of the Project. Applications for payment shall be made in
accordance with a format to be developed by MCCLELLAND CONSULTING
ENGINEERS and approved by CITY OF FAYETTEVILLE. Applications for payment
shall be accompanied each month by the updated project schedule as the basis for
determining the value earned as the work is accomplished. Final payment for
professional services shall be made upon CITY OF FAYETTEVILLE's approval and
acceptance with the satisfactory completion of the study and report for the Project.
5.2 Statements
Statements and progress report for each calendar month will be submitted to CITY OF FAYETTEVILLE.
Statements will be based on MCCLELLAND CONSULTING ENGINEERS' percent completion of the
project.
5.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of MCCLELLAND
CONSULTING ENGINEERS' statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall
advise MCCLELLAND CONSULTING ENGINEERS 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.
5.4 Final Payment
Upon satisfactory completion of the work performed under this Agreement, as a condition before final
payment under this Agreement, or as a termination settlement under this Agreement, MCCLELLAND
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CONSULTING ENGINEERS shall execute and deliver to CITY OF FAYETTEVILLE a release of all
claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims
which are specifically exempted by MCCLELLAND CONSULTING ENGINEERS to be set forth
therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by
the parties to this Agreement, final payment under this Agreement or settlement upon termination of this
Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against MCCLELLAND
CONSULTING ENGINEERS or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, MCCLELLAND CONSULTING
ENGINEERS 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
MCCLELLAND CONSULTING ENGINEERS 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.
6.1.2 CITY OF FAYETTEVILLE and MCCLELLAND CONSULTING ENGINEERS waive all
rights against each other and their officers, directors, agents, or employees for damage
covered by property insurance during and after the completion of MCCLELLAND
CONSULTING ENGINEERS' services.
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6.2 Professional Responsibility
6.2.1 MCCLELLAND CONSULTING ENGINEERS will exercise reasonable skill, care, and
diligence in the performance of MCCLELLAND CONSULTING ENGINEERS' services and
will carry out its responsibilities in accordance with customarily accepted professional
engineering practices. CITY OF FAYETTEVILLE will promptly report to MCCLELLAND
CONSULTING ENGINEERS any defects or suspected defects in MCCLELLAND
CONSULTING ENGINEERS' services of which CITY OF FAYETTEVILLE becomes
aware, so that MCCLELLAND CONSULTING ENGINEERS can take measures to minimize
the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to
recover for its damages caused by any negligence of MCCLELLAND CONSULTING
ENGINEERS.
6.3 Cost Opinions and Projections
Cost opinions and projections prepared by MCCLELLAND CONSULTING ENGINEERS relating to
construction costs and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on MCCLELLAND CONSULTING ENGINEERS'
experience, qualifications, and judgment as a design professional. Since MCCLELLAND
CONSULTING ENGINEERS has no control over weather, cost and availability of labor, material and
equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays,
construction Contractors' methods of determining prices, economic conditions, competitive bidding or
market conditions, and other factors affecting such cost opinions or projections, MCCLELLAND
CONSULTING ENGINEERS does not guarantee that actual rates, costs, performance, schedules, and
related items will not vary from cost opinions and projections prepared by MCCLELLAND
CONSULTING ENGINEERS.
6.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
MCCLELLAND CONSULTING ENGINEERS' 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 duly authorized officer of MCCLELLAND CONSULTING ENGINEERS.
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6.5 Termination
6.5.1 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:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that MCCLELLAND CONSULTING
ENGINEERS is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 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
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to MCCLELLAND CONSULTING ENGINEERS at the time of
termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE
because of MCCLELLAND CONSULTING ENGINEERS' default.
6.5.4 If termination for default is effected by MCCLELLAND CONSULTING ENGINEERS, or if
termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable
adjustment shall include a reasonable profit for services or other work performed. The
equitable adjustment for any termination shall provide for payment to MCCLELLAND
CONSULTING ENGINEERS for services rendered and expenses incurred prior to the
termination, in addition to termination settlement costs reasonably incurred by
MCCLELLAND CONSULTING ENGINEERS relating to commitments which had become
firm prior to the termination.
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6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, MCCLELLAND
CONSULTING ENGINEERS shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by MCCLELLAND CONSULTING ENGINEERS in
performing this Agreement, whether completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of MCCLELLAND CONSULTING ENGINEERS to fulfill
contractual obligations, it is determined that MCCLELLAND CONSULTING ENGINEERS
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 6.5.4 of this clause.
6.6 Delays
In the event the services of MCCLELLAND CONSULTING ENGINEERS are suspended or delayed by
CITY OF FAYETTEVILLE or by other events beyond MCCLELLAND CONSULTING ENGINEERS'
reasonable control, MCCLELLAND CONSULTING ENGINEERS shall be entitled to additional
compensation and time for reasonable costs incurred by MCCLELLAND CONSULTING ENGINEERS
in temporarily closing down or delaying the Project.
6.7 Rights and Benefits
MCCLELLAND CONSULTING ENGINEERS' services will be performed solely for the benefit of
CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and MCCLELLAND CONSULTING ENGINEERS
which arise from, or in any way are related to, this Agreement, including, but not limited to
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the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or
omissions of CITY OF FAYETTEVILLE or MCCLELLAND CONSULTING ENGINEERS
in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, 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 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 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;
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give MCCLELLAND CONSULTING ENGINEERS written
Notice at the address listed in Paragraph 6.14 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.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and MCCLELLAND CONSULTING ENGINEERS shall confer in an
effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written
request of either side, the matter shall be referred to the President of MCCLELLAND
CONSULTING ENGINEERS 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.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to MCCLELLAND CONSULTING ENGINEERS for services
rendered by MCCLELLAND CONSULTING ENGINEERS.
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6.10 Publications
Recognizing the importance of professional development on the part of MCCLELLAND CONSULTING
ENGINEERS' employees and the importance of MCCLELLAND CONSULTING ENGINEERS' public
relations, MCCLELLAND CONSULTING ENGINEERS may prepare publications, such as technical
papers, articles for periodicals, and press releases, pertaining to MCCLELLAND CONSULTING
ENGINEERS' services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's
comments to MCCLELLAND CONSULTING ENGINEERS CITY OF FAYETTEVILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise CITY OF
FAYETTEVILLE will not unreasonably withhold approval. The cost of MCCLELLAND
CONSULTING ENGINEERS' activities pertaining to any such publication shall be for MCCLELLAND
CONSULTING ENGINEERS' account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and MCCLELLAND
CONSULTING ENGINEERS 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.
6.12 Computer Models.
MCCLELLAND CONSULTING ENGINEERS may use or modify MCCLELLAND CONSULTING
ENGINEERS' proprietary computer models in service of CITY OF FAYETTEVILLE under this
agreement, or MCCLELLAND CONSULTING ENGINEERS may develop computer models during
MCCLELLAND CONSULTING ENGINEERS' service to CITY OF OFAYETTEVILLE under this
agreement. Such use, modification, or development by MCCLELLAND CONSULTING ENGINEERS
does not constitute a license to CITY OF FAYETTEVILLE to use or modify MCCLELLAND
CONSULTING ENGINEERS' computer models. Said proprietary computer models shall remain the
sole property of MCCLELLAND CONSULTING ENGINEERS. CITY OF FAYETTEVILLE and
MCCLELLAND CONSULTING ENGINEERS will enter into a separate license agreement if CITY OF
FAYETTEVILLE wishes to use MCCLELLAND CONSULTING ENGINEERS' computer models.
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6.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, estimates, specification field notes, and data are and remain the property of
CITY OF FAYETTEVILLE. MCCLELLAND CONSULTING ENGINEERS may retain reproduced
copies of drawings and copies of other documents.
Engineering documents, drawings, and specifications prepared by MCCLELLAND CONSULTING
ENGINEERS as part of the Services shall become the property of CITY OF FAYETTEVILLE when
MCCLELLAND CONSULTING ENGINEERS has been compensated for all Services rendered,
provided, however, that MCCLELLAND CONSULTING ENGINEERS shall have the unrestricted right
to their use. MCCLELLAND CONSULTING ENGINEERS shall, however, retain its rights in its
standard drawings details, specifications, databases, computer software, and other proprietary property.
Rights to intellectual property developed, utilized, or modified in the performance of the Services shall
remain the property of MCCLELLAND CONSULTING ENGINEERS
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. MCCLELLAND CONSULTING ENGINEERS makes no
warranty as to the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed original
drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern.
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:
113 West Mountain Street
Fayetteville, Arkansas 72701
MCCLELLAND CONSULTING ENGINEERS' address:
1810 North College Avenue
Fayetteville, AR 72703
6.14 Successor and Assigns
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CITY OF FAYETTEVILLE and MCCLELLAND CONSULTING ENGINEERS each binds himself and
his successors, executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all covenants of this
Agreement; except as above, neither CITY OF FAYETTEVILLE nor MCCLELLAND CONSULTING
ENGINEERS shall assign, sublet, or transfer his interest in the Agreement without the written consent of
the other.
6.15 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.
6.16 Entire Agreement
This Agreement represents the entire Agreement between MCCLELLAND CONSULTING
ENGINEERS and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms
contained in purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to MCCLELLAND CONSULTING ENGINEERS a purchase order, no
preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether
or not signed by MCCLELLAND CONSULTING ENGINEERS, shall be considered as a document for
CITY OF FAYETTEVILLE's internal management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of MCCLELLAND CONSULTING ENGINEERS
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
MCCLELLAND CONSULTING ENGINEERS of responsibility for the technical adequacy
of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor
payment for any of the services shall be construed as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this Agreement.
7.1.2 MCCLELLAND CONSULTING ENGINEERS shall be and shall remain liable, in
accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by
MCCLELLAND CONSULTING ENGINEERS' negligent performance of any of the
services furnished under this Agreement except for errors, omissions or other deficiencies to
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the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-
furnished data.
7.1.3 MCCLELLAND CONSULTING ENGINEERS' obligations under this clause are in addition
to MCCLELLAND CONSULTING ENGINEERS' other express or implied assurances under
this Agreement or State law and in no way diminish any other rights that CITY OF
FAYETTEVILLE may have against MCCLELLAND CONSULTING ENGINEERS for
faulty materials, equipment, or work.
7.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other
matters in question between CITY OF FAYETTEVILLE and MCCLELLAND CONSULTING
ENGINEERS arising out of or relating to this Agreement or the breach thereof will be decided in a court
of competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 MCCLELLAND CONSULTING ENGINEERS shall maintain books, records, documents
and other evidence directly pertinent to performance on work under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied
in effect on the date of execution of this Agreement. MCCLELLAND CONSULTING
ENGINEERS shall also maintain the financial information and data used by MCCLELLAND
CONSULTING ENGINEERS 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. CITY OF FAYETTEVILLE, the State or any of their
authorized representatives shall have access to all such books, records, documents and other
evidence for the purpose of inspection, audit and copying during normal business hours.
MCCLELLAND CONSULTING ENGINEERS will provide proper facilities for such access
and inspection.
7.3.2 Records under Paragraph 7.3.1 above shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
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taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 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:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of MCCLELLAND CONSULTING ENGINEERS;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
MCCLELLAND CONSULTING ENGINEERS warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an agreement of understanding for a
commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by MCCLELLAND CONSULTING
ENGINEERS 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.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that MCCLELLAND
CONSULTING ENGINEERS or any of MCCLELLAND CONSULTING ENGINEERS'
agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or
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otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to
secure an agreement or favorable treatment in awarding, amending or making any
determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE
may, by written notice to MCCLELLAND CONSULTING ENGINEERS 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.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against MCCLELLAND CONSULTING
ENGINEERS as it could pursue in the event of a breach of the Agreement by
MCCLELLAND CONSULTING ENGINEERS As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs MCCLELLAND
CONSULTING ENGINEERS incurs in providing any such gratuities to any such officer or
employee.
7.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and sub -
consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of
Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, MCCLELLAND CONSULTING ENGINEERS 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
MCCLELLAND CONSULTING ENGINEERS, by its authorized officer have made and executed this
Agreement as of the day and year first above written.
15 Wtr Trans Line Easmt MCE Contract April l2.docx
CITY OF FAYETTEVILLE, ARKANSAS
By
Mr, Lioneld J
ATTEST:
By:
Sondra Smith, City Clerk
MCCLELLAND CONSULTING ENGINEERS,
INC.
By: Gd�6co.---
Title: /1,/d£s.z'�t'� ; Er77wiLc
�••�
0�CRIVT RE9�.
C)`" °°-v �gdsx3-lodifications or amendments in scope, price or fees to this Contract shall not be allowed
Eo ° without al contract amendment approved by the Mayor and the City Council in advance of the
FAYETcIiangei sdbpe, cost, fees, or delivery schedule.
oyL°9RKANS% N $
rs h/ ee•• 0 ‘�
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
16 Wtr Trans Line Easmt MCE Contract Apri1l2.docx
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A — SCOPE OF SERVICES
This is Appendix A, consisting of 3 pages, referred to in and part of the Agreement For Professional
Engineering Services between CITY OF FAYETT VIL , ARKANSAS and MCCLELLAND
CONSULTING ENGINEERS, INC. dated
Initial:
CITY 0 ; AYETTEVILLE
MCCLELLAND CONSULTING ENGINEERS, INC. ':b
The following contains additional Scope of Services tasks.
A.1 General Scope
The work covered by this agreement includes developing a corridor, up to and including
acquiring easements, for a future water transmission line from northwest Fayetteville to a
future Beaver Water District distribution point west of I-540, the conceptual routing of which
was performed by others.
A.2 Specific Scope of Services
MCCLELLAND CONSULTING ENGINEERS shall provide a suitable engineering staff to
complete the necessary field surveys, to perform preliminary alignment, to prepare easement
documents, to provide needed services during easement identification, appraisal, and
acquisition, and to provide other services as may be directed by the CITY OF
FAYETTEVILLE. The staff shall consist of engineers, engineering technicians, inspectors,
easement negotiators, and other assistants as may be necessary to carry on the work in an
efficient and expeditious manner. It is expected that some subcontract work will be
performed; subcontractors should be identified and approved by the City of Fayetteville.
MCCLELLAND CONSULTING ENGINEERS and subcontractors will provide the following
services:
A2.1 Detailed Scope of Services
1. Establish and survey (topographic and boundary) alignment for approximately 58,000 feet
of water transmission main (50 ft. width). Meet with CITY OF FAYETTEVILLE as
needed to discuss deviations from preliminary alignment.
2. Perform boundary survey as required to develop easements descriptions.
3. Identify major conflicts (specifically evaluating potential karst formations, based on
existing data).
4. Identify major utilities along proposed corridor.
5. Request comments from U.S. Fish and Wildlife, State Historic Preservation Office, and
U.S. Army Corps of Engineers.
6. Coordinate with Beaver Water District regarding their proposed route and distribution
station to be located west of I -540.
Appendix A Page 1
7. Determine geotechnical evaluation plan (City will execute separate geotechnical contract).
8. Perform land records searches to identify property owners (estimated 90 parcels).
9. Develop appraisal plan for City approval; obtain appraisals (estimated 30 parcels).
10. Develop easement description and Exhibit A map for each parcel and submit to the CITY
OF FAYETTEVILLE for review and approval. The CITY OF FAYETTEVILLE will be
responsible for inserting easement description into easement documents.
11. Complete easement negotiations (estimated 90 parcels).
12. Develop easement offer letters and side letters for City finalization and signature.
13. Record executed documents for Benton County Parcels at the Benton Courthouse. THE
CITY OF FAYETTEVILLE will record Washington County Parcels at the Washington
County Courthouse.
A.3 Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE, or others
indicated, by the MCCLELLAND CONSULTING ENGINEERS as part of the
Project.
• Topographic Survey — 50 ft wide strip topo
• Boundary Survey
• Centerline conceptual plans
• Draft easement offer letters and side letters
• Geotechnical requirements plan
• Easement documents
• Appraisal plan for City approval; obtain appraisals
A.4 Compensation
In consideration of the performance of the foregoing services by MCCLELLAND
CONSULTING ENGINEERS, the CITY OF FAYETTEVILLE shall pay to MCCLELLAND
CONSULTING ENGINEERS compensation as follows:
1. Compensation shall be paid to MCCLELLAND CONSULTING ENGINEERS on the
basis of MCCLELLAND CONSULTING ENGINEERS's standard hourly rates in effect
at the time the work is performed, plus reimbursable expenses. Rates are adjusted annually
at the beginning September 1st of each calendar year. MCCLELLAND CONSULTING
ENGINEERS agrees to keep the CITY OF FAYETTEVILLE apprised in a timely manner
of costs incurred.
2. The reimbursable expenses for which MCCLELLAND CONSULTING ENGINEERS will
be reimbursed shall include travel expenses when traveling outside Northwest Arkansas in
connection with the project, rental expenses for special equipment needed for completion
of the work, purchase of material, and other expenses directly attributable to the project,
Appendix A Page 2
including any work performed by subcontractors. MCCLELLAND CONSULTING
ENGINEERS shall charge the CITY OF FAYETTEVILLE for reimbursable expenses at
actual cost plus ten percent (10%).
The maximum not -to -exceed amount authorized by this contract is $388,600.
A.4 Project Schedule
MCCLELLAND CONSULTING ENGINEERS shall begin work under this
Agreement within fourteen (14) calendar days of a Notice to Proceed (NTP) and shall
complete the work described in Section A2.1 within 18 months of issuance of the
notice to proceed.
Appendix A Page 3