HomeMy WebLinkAbout178-14 RESOLUTIONRESOLUTION NO. 178-14
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. FOR ENGINEERING DESIGN AND BIDDING
SERVICES FOR THE RAMSEY AND OVERCREST SANITARY SEWER
REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED
$228,644.00, AND TO APPROVE 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
professional engineering services agreement with McClelland Consulting Engineers, Inc. for
engineering design and bidding services for the Ramsey and Overcrest Sanitary Sewer
Rehabilitation Project in an amount not to exceed $228,644.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this resolution.
PASSED and APPROVED this 7`h day of October, 2014.
APPROVED:
ATTEST:
By: ) J&' A
SONDRA E. SMITH, City Clerk/Treasurer
113WestMountainStreet
City of Fayetteville, Arkansas
Fayetteville, AR 72701
iR►d� 479-575-83 TDD -
I!�` 479-521-1316
1.
Text File
File Number: 2014-0377
Agenda Date: 10/7/2014 Version: 1 Status: Agenda Ready
In Control: City Council File Type: Resolution
Agenda Number: A. 8
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR ENGINEERING DESIGN AND
BIDDING SERVICES FOR THE RAMSEY AND OVERCREST SANITARY SEWER
REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $228,644.00, AND TO
APPROVE 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 professional
engineering services agreement with McClelland Consulting Engineers, Inc. for engineering design and
bidding services for the Ramsey and Overcrest Sanitary Sewer Rehabilitation Project in an amount not
to exceed $228,644.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this resolution.
City of Fayeffeville, Arkansas Page 1 Punted on 101912014
Jim Beavers
Submitted By
City of Fayetteville Staff Review Form
2014-0377
Legistar File ID
10/7/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/18/2014 Water & Sewer Maintenance /
_ Utilities Department
Submitted Date Division / Department
Action Recommendation:
Approving a contract with McClelland Consulting Engineers, Inc., Project # 14018, for $228,644.00 on Ramsey and
Overcrest Sanitary Sewer Rehabilitation Project, and approving a Budget adjustment.
Budget Impact:
5400.5700.5314.00
Water/Sewer
Account Number Fund
14018.1401 Sewer Rehab -Ramsey and Overcrest
Project Number
Budgeted Item? No Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
N/A
Remaining Budget
Project Title
$
$ 228,644.00
$ 228, 644.00
$
Approval Date:
V20140710
CITY OF
Tay •
ARKANSAS
MEETING OF OCTOBER 7, 2014
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Interim Utilities Director
Water & Sewer Committee
FROM: Jim Beavers, P.E. Utilities Engineer
DATE: September 18, 2014
CITY COUNCIL AGENDA MEMO
SUBJECT: Approving a contract with McClelland Consulting Engineers, Inc., Project # 14018, for
$228,644.00 on Ramsey and Overcrest Sanitary Sewer Rehabilitation Project, and approving a
Budget adjustment.
RECOMMENDATION:
Fayetteville Staff recommends approval of professional contract with McClelland Consulting Engineers for
$228,644.00, and a budget adjustment.
BACKGROUND:
The Ramsey and Overcrest Sanitary Sewer Rehabilitation project is an approved 2015 CIP project to
address remaining known sanitary sewer overflows (SSOs). The project is identified as the first priority
pipeline improvements in the Wastewater Collection System 2014 Master Plan Update. The City of
Fayetteville has historically, and through the WSIP, performed very well to reduce and eliminate SSOs. Staff
requests to design the project in Fall/Winter 2014 to allow construction to begin earlier in 2015 (estimated to
begin May, 2015). The project includes an estimated 6,843 linear feet of 15 inch diameter sewer pipe
construction.
DISCUSSION:
McClelland Consulting Engineers was selected for this project through the City's formal section procedure
and purchasing requirements. The proposed contract includes survey, easement preparation, design and
bidding services. Construction administration and construction observation are not included in this contract.
BUDGET/STAFF IMPACT:
Budgeted funds available in Sewer Rehab project. A BA is attached to fund the Engineering design.
Attachments:
1. Staff Review Form
2. Budget Adjustment
3. Purchase Order
4. Project Number
5. Location Map
6. Proposed Contract with McClelland Consulting Engineers
lailing Address:
13 W. Mountain Street www.fayetteville-ar.gov
ayetteville, AR 72701
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Water & Sewer Maintenance Adjustment Number
2014 Dept.: Utilities
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A BA is needed to move budgeted funding from the Sanitary Sewer Reahabilitation project into Sewer Rehabilitation
Ramsey and Overcrest Project for engineering services from McClelland Consulting Engineers, Inc. for the design phase
of the project.
RESOLUTION/ORDINANCE
COUNCIL DATE:
LEGISTAR FILE ID#: 2014-0377
KevlwSprin#e,r
9/19/2014 3:39 PM
Budget Director
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
10/7/2014
Date
TOTAL - -
v.20140716
increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub AT Account Name
5400.5700.5314.00 228,644 - 14018 1401 EX Professional Services
5400.5700.5815.00 (228,644) - 02017 1 EX Sewer Improvements
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§ a
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
THIS AGREEMENT is made as of� _�-,, 2014, 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 ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER 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 ENGINEER'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 ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix
A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Old wire Road Sanitary Server Relocation - Professional Engineering Services Contract
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTFVII,I,F, shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full infonnation as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City 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.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER 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. ENGINEER 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 B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $228,644.00. The CITY
OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis as described in
Appendix C.
5.2 S tatements
5.2.1 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 ENGINEER'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
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
Old "'ire Road Sanitary, Sewer Relocation - Professional Engineering Services Contract
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.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER'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 ENGINEER 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
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a tennination settlement under this
Agreement, ENGINEER 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 ENGINEER 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 ENGINEER 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, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
Old Noire Road Sanitary Sewer Relocation - Professional Engineering Sen•ices Contract
ENGINEER will provide to CITY OF FAYE'I'TEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal ol-
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER 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 ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will cany out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER 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 ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER 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 detennining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER'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 ENGINEER.
6.5 Termination
6.5.1 This Agreement may be tenninated 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 tenninating 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.
Old Wire Road Sanitary Set+yet Relocation - Professional Engineering Services Contract 4
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER 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 tenninatiog party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAY 1'f"f1iV[LLF, an equitable adiust ment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit ail unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if tennination 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 tennination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the tennination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the tennination.
6.5.5 Upon receipt of a tennination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
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 ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon tennination 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 tennination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the tennination
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
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Old Wire Road Sanitary Sciver Relocation - Professional Engineering Services Contract
6.7 Rights and Benefits
6.7.1 ENGINEER'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 FAYI fTEV1LLE and ENGINEER which arise frorn, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its tcnns, any acts, errors, or omissions of CITY OF FAYETTEVJI,LI. or
ENGINIIF.R 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 6.8A 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
FAYEI"FEVILLE shall give ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER'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 ENGINEER CITY OF FAYETTEVILLE may require
Old Wire Road Sanitary Sewer Relocation - Professional En.-ineering Services Contract
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINF,EWs activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harnless CITY OF FAYF.TTEVII,I,F, and ENGINEER 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 Ownership of'Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary properly. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER 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.
6.13 Notices
6.13.1 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
ENGINEER's address:
1810 N. College Avenue
Fayetteville, Arkansas 72701
Old Wire Road Sanitary SeN+er Relocation - Professional Engineering Services Contract
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEIR 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
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6,15.1 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
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terns contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, 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 ENGINEER
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
ENGINEER 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 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER'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 ENGINEER's obligations under this clause are in addition to ENGINEER'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 ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Old Wire Road Sanitary Sewer Relocation - Professional Engineering Scr\ ices Contract
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 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to perfonnance 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. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of'support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYFTTEVILLE 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. ENGINEER 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 ENGINEER;
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
7A.1 ENGINEER 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 ENGINEER 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 frorn the
Old "lire Road Sanitary Sewer Relocation - Professional Engineering Sen-ices Contract ��
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 ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the fonn 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 detenninations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER 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 ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER 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 detennined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee
7.6 Arkansas Freedom of Infonnation Act
7.6.1 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 Infonnation Act (FOIA). If a Freedom of Infonnation Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the docu vents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Infonnation 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
ENGINEER. by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAY EVILLE, ARKANSAS
1
ATTEST: —
By: �t� [s • J�ril
i lry,,Clerk
• G • �1-, ri
ENGINEER
Title: President, Fayetteville
�A����.' �,� t ' !��': UND OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
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Old Win fit* Sanitary Sewer RelocatiDn -Professional Engineering Services Contract
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APPENDIX 'A'
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
OLD WIRE ROAD SANITARY SEWER UPGRADE;
RAMSEY TO OVERCREST
1. Scope of Proiect
a. Increase the capacity of the existing sanitary sewer line on Old Wire Road from
Ramsey to Overcrest. Specifically, increase the capacity of 6,843 linear feet of
existing sanitary sewer from manhole I-(08)001A to manhole I-(16)189. The
existing line will be increased to a 15 inch diameter line as recommended in the
Draft Wastwater Collection System 2014 Master Plan update by RJN Group.
b. The upgrade will be completed to replace existing line segments with two new
line segments required: Segments I-(09)086 to I-(09)021 and 1-(16)189 to I-
(09)097.
c. Evaluate trenchless technologies to complete construction in the areas with
limited access, in addition to environmentally sensitive areas.
d. Coordinate closely with the CITY OF FAYETTEVILLE regarding drainage
upgrades along Old Wire Road and Ramsey Avenue. CITY OF FAYETTEVILLE
is designing drainage improvements in house.
e. Obtain required regulatory agency permits (including Arkansas Department of
Health and U.S. Army Corps of Engineers).
f. Prepare construction phasing plans necessary to maintain continued traffic flow at
all times for road crossings, unless agreed otherwise with the CITY OF
FAYETTEVILLE. It is anticipated Township will be bored as to not damage
existing pavement and Old Wire Road will be open cut.
2. Basic Services
The Scope of Services of the ENGINEER as described in the Agreement are•further
defined and described hereinafter.
APPENDIX A — Scope of Services A-1 Old Wire Road SS Relocation
4.
Topop,raphic Surveys
Survey control shall be established on the State Plane Coordinate System.
b. Locate all structures, streets, driveways, storm drains, creeks, existing marked
utilities, fences, walls, decorative landscaping, house comers, sewer manholes,
sewer stub outs and other features within 15 feet of centerline of proposed
alignment (30 ft corridor).
C. Request location and size of existing overhead and underground utilities from the
utility companies.
d. Notification letters will be mailed out to landowners before commencement of the
topographic survey.
Set temporary bench marks at approximately 1,000 foot intervals.
f. Field locate known, marked and/or observable utilities within the project area.
Where conflicts with new construction will or may occur, determine elevations of
existing utilities by excavation methods. Excavation and exposure of the utility
facilities will be provided by the owner of the utility. In the event the utility
owner cannot or will not perform the excavation to expose the utility facilities, the
ENGINEER will arrange to have the necessary excavation performed. Prior to
performing the excavation, the ENGINEER will coordinate the excavation
operations with the utility owner and require that a representative of the utility
owner be present during the excavation activities. The costs associated with this
work shall be reimbursed by the CITY OF FAYETTEVILLE.
All survey work will be conducted with the standards of care as outlined in the
Standards of Practice No. 1 (Revised May 21 2009, updated 8-25-08) Arkansas
Standards of Practice for Property Boundary Surveys and Plats.
Property Resolution/Exhibit A Map Preparation
a. CITY OF FAYETTEVILLE will provide ownership information for properties
along project route including copies of recorded plats, legal descriptions for
unplatted tracts and easements and right of way information.
b. Perform field surveys to determine existing monumentation and establish land
lines, ownership lines, rights -of -way and easements.
APPENDIX A — Scope of Services A-2 Old Wire Road SS Relocation
7.
8.
Reference existing monuments for replacement after construction.
d. Prepare Exhibit A maps for any additional right of way, easements, and/or
temporary construction easements required.
All survey work and related right-of-way work will be conducted with the
standards of care as outlined in the Standards of Practice No. 1 (Revised May 21,
2009, updated 8-25-08) Arkansas Standards of Practice for Property Boundary
Surveys and Plats.
Conceptual Design Phase - 30%
a. Prepare plan drawings (horizontal alignment) showing all existing facilities.
Prepare plans and data including the following information:
(1) Survey data, centerline and stations, existing improvements, boring
locations, bench marks, existing and proposed easements and right-of-way,
temporary construction easements and structures.
(2) Proposed horizontal alignment.
(3) Prepare estimate of probable construction costs for primary and alternate
designs (trenchless construction methods) including unit cost and total
cost.
Final Design Phase - 100%
Prepare plan and profile drawings showing all existing facilities. Horizontal scale
of drawings to be 1 inch equals 20 feet or larger and vertical scale to be 1 inch
equals 5 feet. Prepare final design plans to incorporate 30% design comments and
include the following:
(1) Design and layout all proposed sanitary sewer horizontal and vertical
alignment on plan and profile sheets. Show existing utilities and
associated depths.
(8) Draft notes on plans to fully describe the construction work to be
performed.
(9) Prepare recommendations for sequence of construction and prepare layout
APPENDIX A — Scope of Services A-3 Old Wire Road SS Relocation
of construction phasing and use of trenchless technologies.
Prepare right-of-way plans to include the following:
(1) Plans to be drawn at 1" = 50' scale or larger scale.
(2) Identify property subdivisions, existing and proposed rights -of -way and
easements, ownership names, addresses, utility easements, temporary
construction easements and related information.
(3) Provide complete information on plans for, and prepare legal descriptions
for, acquisition of rights -of -way and easements including residual or
severed tracts. Prepare easement and right of way acquisition documents
utilizing standard CITY OF FAYETTEVILLE forms.
(4) Provide tabulation of tracts, ownerships, and areas (permanent and
temporary construction easements) for each acquisition.
C. Prepare construction details which depict all typical items utilizing the CITY OF
FAYETTEVILLE format and standard detail drawings where applicable.
Provide construction bid proposal form. Provide a computer disk containing the
bid proposal form in accordance with CITY OF FAYETTEVILLE format(s).
e. Prepare a recommendation of construction contract time.
f. Revise and update the summary of pay quantities sheet as necessary.
g. Submit to the Arkansas Department of Health for review/approval
h. Prepare and submit permit application to the US Army Corps of Engineers.
Complete storm water pollution prevention plan.
Prepare estimate of probable construction costs.
k. Attend monthly design progress meeting with CITY OF FAYETTEVILLE.
9. Proiect Deliverables
APPENDIX A — Scope of Services A-4 Old Wire Road SS Relocation
a. Three copies of the Concept Plans (30%), design report and cost estimates.
b. One copy of the Preliminary Plans to each potentially affected utility company.
C. Three copies of the Final Plans, design report, cost estimates and other supporting
documents.
d. Three copies of the revised Final Plans, design summary, cost estimates and other
supporting documents.
e. Provide one copy of the construction bid proposal on a computer disc.
f. Provide one copy of the revised Final Plans to each potentially affected utility
company.
g. Three copies of the Final Plans and Specifications to the Contractor.
h. Three copies of the right-of-way plans, easements and acquisition documents.
10. General
a. All sewer construction shall follow the guidelines described in the CITY OF
FAYETTEVILLE Sewer Design Standards.
b. Plans shall be reducible, and legible, to scalable half size plans on 11" x17"
sheets. One set of reproducible plans will be provided for right-of-way. In
addition, provide preliminary and final plans on computer disk in a format
compatible with the current AutoCAD release used by the CITY OF
FAYETTEVILLE.
C. Record drawings shall be provided on computer disc in AutoCAD format in
addition to the reproducible drawings.
d. Attend meetings with Owner and Agencies for plan review, project coordination
and right-of-way.
11. The services specified for the various phases of the Agreement shall be completed and all
stipulated documents shall be submitted to the OWNER in accordance with the project
schedule included as Appendix `B".
12. The ENGINEER should anticipate a 30 calendar day review period by the CITY OF
APPENDIX A — Scope of Services A-5 Old Wire Road SS Relocation
13.
14.
FAYETTEVILLE between the completion of one phase and the beginning of the
following phase. Additional time may be required for review by agencies.
The plans, specifications and contract documents authorized by this Agreement shall be
prepared to allow construction bids to be received and construction to be performed under
one construction contract.
Subcontracting of services by the ENGINEER shall have prior approval of the OWNER.
APPENDIX A — Scope of Services A-6 Old Wire Road SS Relocation
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APPENDIX "C"
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
OLD WIRE ROAD SANITARY SEWER UPGRADE;
RAMSEY TO OVERCREST
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an amount
equal to the cumulative hours charged to the Project for each class of ENGINEER's
employees multiplied by ENGINEER'S Hourly Rates as shown on the attached Exhibit "1
plus approved Reimbursable Expenses and ENGINEER's Consultant charges, if any.
ENGINEER's Hourly Rates as shown on the attached Exhibit " 1 " shall be adjusted annually
each January 1. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE
shall pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
• Basic Services: Payment by CITY OF FAYETTEVILLE based on ENGINEER's Hourly
Rates shall approximate the following schedule. Payment for a specific phase shall not
exceed the scheduled amount prior to completion of that phase. Underruns in one phase
may be used to offset overruns in another phase as long as the contract amount is not
exceeded.
Topographic Survey $ 26,711
Property Resolution/Exhibit A Map Preparation $ 48,903
Conceptual Design Phase - 30% Design $ 44,465
Final Design Phase - 100% Design $ 91,065
Bidding Services $ 7,500
Construction Administration $ (N/A)
Construction Observation $ (N/A)
SUB -TOTAL Basic Services $ 218,644
• Additional Services: Any and all Additional Services must be approved, and maximum
amount to be paid for said services agreed to, in writing by CITY OF FAYETTEVILLE
prior to rendering of same. CITY OF FAYETTEVILLE shall pay ENGINEER for
Additional Services rendered an amount equal to the cumulative hours charged to the Project
for each class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as
APPENDIX C — Compensation C-1 Old Wire Road SS Relocation
shown on the Attached Exhibit "1", plus approved Reimbursable Expenses and
ENGINEER'S Consultant charges, if any. For ENGINEER's Consultant charges, the CITY
OF FAYETTEVILLE shall pay the ENGINEER the amount billed to the ENGINEER times
a factor of 1.00.
• CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable
Expenses incurred in connection with Basic and Additional Services. Reimbursable
Expenses must be approved by the CITY OF FAYETTEVILLE prior to the incurrence of
such expenses. The estimated amount of Reimbursable Expenses to be incurred in
connection with Basic Services is:
SUB -TOTAL Reimbursable Expenses $ 10,000
The maximum payment to the ENGINEER for Basic Services and Reimbursable Expenses
under this Agreement shall not exceed $ 228,644
ENGINEER shall submit invoices monthly for services rendered and expenses borne. The
invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel
working on the project.
The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive)
paid to all personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, surveyors, designers, draftsman, specification writers, estimators,
other technical personnel, stenographers, typists and clerks; plus the cost of customary and
statutory benefits including, but not limited to, social security contributions, unemployment,
excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto; plus operating margin or profit,
non -project operating costs, and all general and administrative overhead costs, including but
not limited to, furnishing and maintaining office facilities, furniture, utilities, vehicles and
equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in
connection with the PROJECT for printing and reproduction costs and ENGINEER's
consultant charges. Any and all expenditures for reimbursable expenses must be approved
by the CITY OF FAYETTEVILLE prior to rendering or obtaining same. Overtime salary
costs are not considered Reimbursable Expenses.
APPENDIX C — Compensation C-2 Old Wire Road SS Relocation
MCCLELLAND
11
CONSULTING JExnib't "l"I 111WE: ENGINEERS. INC.
2013 - 2014
McCLELLAND CONSULTING ENGINEERS, INC.
*STANDARD HOURLY RATES
As of December 1, 2013
Clerical
$45.00 - $65.00
Construction Observer
$55.00 - $97.00
Chief Draftsman
$68.00 - $78.00
Draftsman
$50.00 - $69.00
Engineering Technician
$55.00 - $95.00
Geotech Engineer
$84.00 - $127.00
Principal Engineer
$127.00 - $175.00
Project Engineer
$82.00 - $128.00
Sr. Project Engineer
$110.00 - $120.00
Environmental Scientist/Designer
$93.00 - $105.00
Landscape Architect
$60.00 - $109.00
Media Specialist
$55.00 - $65.00
Project Accountant
$60.00 - $105.00
Project Manager
$115.00 - $135.00
Sr. Project Manager
$127.00 - $143.00
Registered Land Surveyor
$100.00 - $110.00
Soils Lab Supervisor
$75.00 - $127.00
Soils Lab Technician
$42.00 - $56.00
Specification Writer
$48.00 - $61.00
Survey Party Chief
$75.00 - $80.00
Survey (2 man or Robotic) Crew
$107.00 - $143.00
Survey (3 man) Crew
$135.00 - $175.00
Survey Field (1 Man or Rodman)
$76.00 - $80.00
Survey Technician
$75.00 - $95.00
Water Lab Supervisor
$68.00 - $85.00
Expenses
@ Cost
Mileage
56.5/mi
current IRS rate
. Standard Hourly Rates may he adjusted annually in accordance with
the normal salary review practices of McClelland Consulting Engineers.