HomeMy WebLinkAbout64-12 RESOLUTIONRESOLUTION NO. 64-12
A RESOLUTION APPROVING A CONTRACT WITH CRAFTON TULL &
ASSOCIATES IN AN AMOUNT NOT TO EXCEED $120,000.00 FOR
ENGINEERING SERVICES TO DESIGN WATER AND SEWER CREEK
CROSSING REPAIRS RELATED TO SPRING 2011 FLOODS, APPROVING
A PROJECT CONTINGENCY OF $6,000.00, AND APPROVING A BUDGET
ADJUSTMENT
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 Crafton Tull & Associates in an amount not to exceed $120,000.00 for engineering
services to design water and sewer creek crossing repairs related to Spring 2011 floods. A copy
of the contract is attached as Exhibit "A".
Section 2. That the City Council of the City of Fayetteville, Arkansas approves a project
contingency of $6,000.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "B".
PASSED and APPROVED this 3`d day of April, 2012.
APPROVED:
B
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CRAFTON TULL & ASSOCIATES, INC.
THIS AGREEMENT is made as of
1 L.3 , 2012, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
CRAFTON TULL & ASSOCIATES, INC. (hereinafter called CRAFTON TULL).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the investigation, planning, design & permitting of various water & sewer repair or replacement
projects. Therefore, CITY OF FAYETTEVILLE and CRAFTON TULL in consideration of their mutual
covenants agree as follows:
CRAFTON TULL 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 CRAFTON TULL'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.
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 CRAFTON TULL.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of CRAFTON TULL.
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 CRAFTON TULL
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 CRAFTON TULL during the Engineering
Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and
made part of this Agreement.
2.1.2 CRAFTON TULL shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. CRAFTON TULL and CITY OF FAYETTEVILLE agree that
CRAFTON TULL has full responsibility for the engineering services.
2.2 Engineering Services — Water and Sewer Creek Crossing Flood Damage Repairs and other
repairs and replacements as needed.
2.2.1 Perform engineering services for the Water and Sewer Creek Crossing Flood Damage
Repairs 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 CRAFTON TULL by placing at CRAFTON TULL'S disposal all available
information pertinent to the assignment including previous reports and any other data relative
thereto.
3.3 Assist in obtaining access to and make reasonable provisions for CRAFTON TULL to enter
upon public and private property as required for CRAFTON TULL to perform his services
under this Agreement.
3.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by CRAFTON TULL and render in writing decisions pertaining thereto within
seven (7) calendar days.
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3.5 The Assistant Water/Sewer Operations Manager is the CITY OF FAYETTEVILLE's project
representative with respect to the services to be performed under this Agreement. The
Assistant Water/Sewer Operations Manager 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 CRAFTON TULL 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. CRAFTON TULL
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 CRAFTON TULL
5.1 Compensation
5.1.1 Water and Sewer Creek Crossing Flood Damage Repairs and other repairs and replacements
as needed
The maximum not -to -exceed amount authorized for this Agreement is $120,000.00. The CITY OF
FAYETTEVILLE shall compensate CRAFTON TULL 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 CRAFTON TULL 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
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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 CRAFTON TULL'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 CRAFTON TULL 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 CRAFTON TULL'S percent completion of the project.
5.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of CRAFTON
TULL'S statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by
CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise CRAFTON TULL
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 fmal
payment under this Agreement, or as a termination settlement under this Agreement, CRAFTON TULL
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
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exempted by CRAFTON TULL 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 CRAFTON TULL 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, CRAFTON TULL 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
CRAFTON TULL 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 CRAFTON TULL 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 CRAFTON TULL's services.
6.2 Professional Responsibility
6.2.1 CRAFTON TULL will exercise reasonable skill, care, and diligence in the performance of
CRAFTON TULL's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will
promptly report to CRAFTON TULL any defects or suspected defects in CRAFTON TULL's
services of which CITY OF FAYETTEVILLE becomes aware, so that CRAFTON TULL can
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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 CRAFTON
TULL.
6.3 Cost Opinions and Projections
Cost opinions and projections prepared by CRAFTON TULL relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating results are
based on CRAFTON TULL's experience, qualifications, and judgment as a design professional. Since
CRAFTON TULL 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, CRAFTON TULL does not
guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost
opinions and projections prepared by CRAFTON TULL.
6.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of CRAFTON
TULL'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 duly authorized officer of
CRAFTON TULL.
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.
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6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that CRAFTON TULL 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 CRAFTON TULL at the time of termination may be adjusted to
cover any additional costs to CITY OF FAYETTEVILLE because of CRAFTON
TULL's default.
6.5.4 If termination for default is effected by CRAFTON TULL, 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 CRAFTON TULL for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by CRAFTON TULL relating to commitments which had become firm
prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, CRAFTON
TULL 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 CRAFTON TULL 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.
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6.5.7 If, after termination for failure of CRAFTON TULL to fulfill contractual obligations, it is
determined that CRAFTON TULL 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 CRAFTON TULL are suspended or delayed by CITY OF FAYETTEVILLE
or by other events beyond CRAFTON TULL's reasonable control, CRAFTON TULL shall be entitled to
additional compensation and time for reasonable costs incurred by CRAFTON TULL in temporarily
closing down or delaying the Project.
6.7 Rights and Benefits
CRAFTON TULL's 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 CRAFTON TULL 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 CRAFTON TULL 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.
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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 CRAFTON TULL 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 CRAFTON TULL 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 CRAFTON TULL 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 CRAFTON TULL for services rendered by CRAFTON TULL.
6.10 Publications
Recognizing the importance of professional development on the part of CRAFTON TULL employees and
the importance of CRAFTON TULL's public relations, CRAFTON TULL may prepare publications,
such as technical papers, articles for periodicals, and press releases, pertaining to CRAFTON TULL's
services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form
for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts
promptly and provide CITY OF FAYETTEVILLE's comments to CRAFTON TULL 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 CRAFTON TULL's activities pertaining to any such publication shall be for CRAFTON TULL's
account.
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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 CRAFTON TULL
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.
CRAFTON TULL may use or modify CRAFTON TULL's proprietary computer models in service of
CITY OF FAYETTEVILLE under this agreement, or CRAFTON TULL may develop computer models
during CRAFTON TULL's service to CITY OF OFAYETTEVILLE under this agreement. Such use,
modification, or development by CRAFTON TULL does not constitute a license to CITY OF
FAYETTEVILLE to use or modify CRAFTON TULL's computer models. Said proprietary computer
models shall remain the sole property of . CITY OF FAYETTEVILLE and CRAFTON TULL will enter
into a separate license agreement if CITY OF FAYETTEVILLE wishes to use CRAFTON TULL's
computer models.
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. CRAFTON TULL may retain reproduced copies of drawings and copies of
other documents.
Engineering documents, drawings, and specifications prepared by CRAFTON TULL as part of the
Services shall become the property of CITY OF FAYETTEVILLE when CRAFTON TULL has been
compensated for all Services rendered, provided, however, that CRAFTON TULL shall have the
unrestricted right to their use. CRAFTON TULL 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 CRAFTON TULL
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. CRAFTON TULL makes no warranty as to the compatibility of
these files with any other system or software. Because of the potential degradation of electronic medium
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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
CRAFTON TULL's address:
901 N. 47th Street, Suite 200
Rogers, AR 72756
6.14 Successor and Assigns
CITY OF FAYETTEVILLE and CRAFTON TULL 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 CRAFTON TULL 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 CRAFTON TULL 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
CRAFTON TULL a purchase order, no preprinted terms thereon shall become a part of this Agreement.
Said purchase order document, whether or not signed by CRAFTON TULL, shall be considered as a
document for CITY OF FAYETTEVILLE's internal management of its operations.
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SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of CRAFTON TULL
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
CRAFTON TULL 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 CRAFTON TULL shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by CRAFTON TULL'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.
7.1.3 CRAFTON TULL's obligations under this clause are in addition to CRAFTON TULL'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 CRAFTON
TULL 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 CRAFTON TULL 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 CRAFTON TULL 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. CRAFTON TULL shall also maintain the financial information
and data used by CRAFTON TULL in the preparation of support of the cost submission
required for any negotiated agreement or change order and send to CITY OF
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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. CRAFTON TULL 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
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 CRAFTON TULL;
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
CRAFTON TULL 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 CRAFTON TULL for the purpose of securing business. For breach or violation of this
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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 CRAFTON TULL or any
of CRAFTON TULL' 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, 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 CRAFTON TULL 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 CRAFTON TULL as it could
pursue in the event of a breach of the Agreement by CRAFTON TULL 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
CRAFTON TULL 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, CRAFTON TULL 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.
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IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
CRAFTON TULL, by its authorized officer have made and executed this Agreement as of the day and
year first above written.
CITY OF FAYETTEVILLE, ARKANSAS CRAFTON TULL & ASSOCIATES, INC.
By :� �� �,
Ma 0, ,eneld Jord.
ATTEST:
i91919itp969p�,r�
GO ay:;7,S1d
FAYE I ! Egli FEL
4 m.
By: yv OArvt-,A;ZItiovIAHoa
City Clerk
le: V ►C.°� Pre,Si�e
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
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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 FAYETTEVILLE, ARKANSAS and CRAFTON TULL &
ASSOCIATES, INC. dated 14.3 - 1
The following contains additional Scope of Services tasks.
A.1 General Scope
The work covered by this agreement includes detailed design, preparation of construction
drawings and specifications, bidding and construction administration and observation for
various water & sewer repair or replacement projects. The project generally includes the
following:
1. Designs, including plans and specifications, for water and sewer creek crossing flood
damage repairs and other repairs and replacements as needed.
2. Bidding services for water and sewer creek crossing flood damage repairs and other
repairs and replacements as needed.
3. On order, if determined as being required for the City, construction phased services for
water and sewer creek crossing flood damage repairs and other repairs and replacements
as needed.
4. Work will be performed on a task order basis.
A.2 Specific Scope of Services
CRAFTON TULL shall provide a suitable engineering staff to complete the necessary field
surveys, to perform detailed design, to prepare plans and specifications, to provide needed
services during the bid phase and the construction phase of the project, and to provide other
services as may be directed by the CITY OF FAYETTEVILLE. The staff shall consist of
engineers, engineering technicians, surveyors, inspectors and other assistants as may be
necessary to carry on the work in an efficient and expeditious manner. CRAFTON TULL will
provide the following services:
A2.1 Detailed Design and Preparation of Construction Plans and Specifications
1. Prepare preliminary and final design for each location.
2. Prepare detailed construction specifications and drawings.
3. Prepare an opinion of probable cost of the authorized construction. It is understood and
agreed that this opinion will be prepared for planning and budgeting purposes only and
that CRAFTON TULL makes no warranty, expressed or implied, as to the accuracy of
such opinions as compared to bid or actual costs.
Appendix A Page 1
4. Submit, on behalf of the CITY OF FAYETTEVILLE, construction specifications,
drawings and design criteria for approval to the Arkansas Department of Health and other
agencies, if required.
5. Prepare necessary environmental and other permitting applications, including SWPPP and
BMP plans. For flood related repairs and replacements, site approval has already been
received from both the Corps of Engineers and Arkansas Department of Environmental
Quality. Short Term Activity Authorizations must still be obtained when work is to be
performed. CITY OF FAYETTEVILLE informs CRAFTON TULL that work performed
to repair flood damages facilities is already authorized by the Corps of Engineers.
A2.3. Bidding and Preconstruction Services
CRAFTON TULL will provide technical interpretation of the plans and specifications as
needed, prepare addenda as required, attend a pre-bid conference and the bid opening, provide
an engineering analysis of the bids received, make recommendations concerning award of the
construction contract and assist in the preparation of contract documents. Supporting
documents will be prepared and submitted to the CITY OF FAYETTEVILLE. The scope of
services does include dividing construction contracts into multiple projects and/or bids on a
task order basis, though the CITY OF FAYETTEVILLE may elect to combine multiple task
orders into one bid.
A2.4 Construction Phase Services should be included as a separate section in the scope of this
contract, only to be executed upon receiving written authorization from the City. It is possible
the City will provide construction phased services.
A.3 Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE, or others
indicated, by the CRAFTON TULL as part of the Project.
• Two (2) copies of 90% Plans and Specifications, including preliminary
opinion of probable cost, to CITY OF FAYETTEVILLE for review.
• Three (3) copies of Final Plans and Specifications to the CITY OF
FAYETTEVILLE.
• Permit applications as required by federal, state and local agencies, if such
have not already been obtained by the City.
• Electronic files in accordance with the Agreement.
A.4 Compensation
In consideration of the performance of the foregoing services by CRAFTON TULL, the CITY
OF FAYETTEVILLE shall pay to CRAFTON TULL compensation as follows:
1. Compensation shall be paid to CRAFTON TULL on the basis of CRAFTON TULL's
standard hourly rates in effect at the time the work is performed, plus reimbursable
expenses. Rates are adjusted annually at the beginning of each calendar year. CRAFTON
TULL agrees to keep the CITY OF FAYETTEVILLE apprised in a timely manner of
costs incurred.
2. The reimbursable expenses for which CRAFTON TULL 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
Appendix A Page 2
material, and other expenses directly attributable to the project, including any work
performed by subcontractors. CRAFTON TULL 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 $120.000.
A.4 Project Design Schedule
CRAFTON TULL shall begin work under this Agreement within five (5) working
days of a Notice to Proceed (NTP) for the first task order and shall complete the
design work described in Section A2.1 for that task order in accordance with the
schedule below. The schedule of complete for subsequent task orders will be
specified therein. Federal Emergency Management Agency reimbursable construction
must be 100% complete and paid no later than October 31, 2012, unless an extension
is granted in advance of the October deadline from the Arkansas Department of
Emergency Management or FEMA.
Design Phase Description Completion Date
• Submit 90% Design Plans and Specifications 60 Days From NTP
• Submit Final Construction Plans and Specifications 75 Days From NTP
Appendix A Page 3
City of Fayetteville, Arkansas
Budget Adjustment Form
V11.0425
Budget Year
2012
Division: Water & Sewer Maintenance
Department: Utilities Director
Request Date
4/3/2012
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
Crafton Tull & Associates was seleted to design the water and sewer creek crossing repairs due to the flooding in the
spring of 2011 for $120,000, plus a 5% contingency of $6,000.
Division Head
Date
aJO 3W1e3,
Date
Budget Director
Department Director
Le
Finance Director
Account Name
Date
3-t9-zoi2
Date
Prepared By: cl5o`e‘ 41"42--
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Reference:
Budget & Research Use Only
Type: A B C D E P
General Ledger Date
Posted to General Ledger
Checked / Verified
Initial Date
Initial Date
TOTAL BUDGET ADJUSTMENT 126,000 126,000
Increase / (Decrease) Project.Sub
Account Number Expense Revenue. Number
Contract services
5400.5600.5315.00 63,000 11020. 5400.
Contract services
5400.5700.5315.00 63,000 11020 . 5400
Trans from Replacement
5400.0940.6602.27 126,000 11020 . 5400
EXHIBIT
3
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