HomeMy WebLinkAbout57-14 RESOLUTIONRESOLUTION NO.57-14
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE
AGREEMENT WITH MCGOODWIN, WILLIAMS AND YATES, INC. FOR
DESIGN SERVICES ASSOCIATED WITH THE RECYCLING AND TRASH
COLLECTION DIVISION OFFICE BUILDING EXPANSION AND SITE
IMPROVEMENTS
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
Amendment No. 1, a copy of which is attached as Exhibit "A", to the agreement with
McGoodwin, Williams and Yates, Inc. for design services associated with the Recycling and
Trash Collection Division Office Building Expansion and Site Improvements.
PASSED and APPROVED this 4 h day of March, 2014.
APPROVED:
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ATTEST:
By: 40yz�'�'4!�7, AweA—
SONDRA E. SMITH, City Clerl�}��er
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AMENDMENT NO. 1
To
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
McGOODWIN, WILLIAMS, AND YATES, INC.
SOLID WASTE BUILDING EXPANSION AND SITE IMPROVEMENTS
WHEREAS, on June 18, 2013, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and
McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (ENGINEER) entered into an Agreement
for architectural and engineering services in connection with the Solid Waste Building Expansion and Site
Improvements (the "Project"); and
WHEREAS,the scope of services under the Agreement included a master site/facility plan and report,
detailed design, preparation of construction drawings and specifications, bidding and construction
administration and observation services; and
WHEREAS, the ENGINEER has completed the master site/facility plan and report under the terms of the
original agreement; and
WHEREAS, the CITY OF FAYETTEVILLE concurs with the master site/facility plan and report and is
ready to proceed with the detailed design, preparation of construction drawings and specifications for
Package One, including Contract Section I — Armstrong Drive and Scale Facilities and Contract Section II
— Office Building and Parking Expansion; and
WHEREAS, the original Agreement provided that the method and amount of compensation for these
services would be established after the determination by the Owner to proceed with these further
development steps; and
WHEREAS, the original Agreement must now be amended to provide these amounts and methods of
compensation to the Engineer;
NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY
OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for
Engineering Services dated June 18, 2013, is hereby amended in the following particulars:
SECTION 5 — PAYMENTS TO ENGINEER
Delete Paragraph 5.1 and replace with the following:
5.1 The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump
Sum basis as described in Appendix A. The maximum not -to -exceed amounts authorized for
this Agreement for each phase of work are described in Appendix A.
APPENDIX A — SCOPE OF SERVICES
A.2 Specific Scope of Services
Fy-355 Amendment 1 a Page 1
Delete Paragraph 2 in Section A2.2 "Detailed Design and Preparation of Construction Plans and
Specifications" and replace with the following:
2. Assist the CITY OF FAYETTEVILLE with the procurement of a construction
manager and coordinate with the selected construction manager during the design
phase to identify constructability issues, identify potential cost -reduction options,
and review construction cost estimates provided by the construction manager at
appropriate design intervals.
Add the following Paragraph 6 to Section A2.2:
Incorporate energy efficient and sustainable design elements as required by the
CITY OF FAYETTEVILLE ordinances. If requested, assist the CITY OF
FAYETTEVILLE with pursuing Leadership in Energy and Environmental Design
(LEED) certification for the facility, including identification of potential LEED
credits, coordinating LEED design charettes, performing data entry, and assisting
with registration and coordination.
Delete entire Section A2.3 "Bidding and Preconstruction Services"
A.3 Project Deliverables
Add the following paragraph A.3.2:
A.3.2 Deliverables for Detailed Design of Construction Plans and Specifications
1. Preliminary Checklist of Potential LEED Credits
a. Updated Checklists at each design stage of 60%, 90% & 100%
2. Completed Right -Of -Way Vacation Documents
3. Required Large Scale Development (LSD) documents, including the following. It is
anticipated that both Contract Sections I and II will be included in one set of LSD
documents.
a. LSD Plans (Including boundary information but not including full boundary
survey)
b. LSD Presentation Boards
c. Drainage Report
d. Individual Easements (Acquisition of easements and production of an easement
plat not included)
4. Construction Documents at 60%, 90%, and final design stages for Contract Sections I and
II
5. Documents listed above include up to four (4) printed copies of each as well as one copy of
electronic files in accordance with the Agreement, including files in AutoCad and Adobe
format
AA Compensation
Replace the entire Section A.4.2 with the following:
A.4.2 Detailed Design and Preparation of Construction Plans and Specifications for Contract Section
I (Armstrong Drive and Scale Facilities) and Contract Section II (Office Building, Parking and
Truck Turning):
Fy-355 Amendment 1 Page 2
1. Compensation shall be paid to ENGINEER on the basis of ENGINEER'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. ENGINEER agrees to keep the
CITY OF FAYETTEVILLE apprised in a timely manner of costs incurred.
2. The reimbursable expenses for which ENGINEER 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,
review and/or certification fees, and other expenses directly attributable to the project,
including any work performed by subcontractors. ENGINEER shall charge the CITY OF
FAYETTEVILLE for reimbursable expenses at actual cost plus ten percent (10%).
3. The maximum not -to -exceed amount authorized for services, including reimbursables, under
Section A4.2 is $406,200.
4. Invoices from ENGINEER will include itemized totals for major tasks as follows. Tasks
will be itemized for information purposes only, and it is recognized that fees for some tasks
may be more or less than original itemized estimates. However, the total amount invoiced
for all tasks under Section A4.2 shall not exceed the total amount described in Paragraph 3
above.
a. Basic Design Services (Project Code extension BD)
b. Additional Miscellaneous Services (Project Code Extension MS)
C. Additional LEED and/or Green Design Services (Project Code Extension GD)
d. Additional LSD Services (Project Code Extension LSD)
A.5 Project Design Schedule
Add the following Section A.5.2:
A.5.2.1 Detailed Design and Preparation of Construction Plans and Specifications for Contract Section
I (Armstrong Drive and Scale Facilities)
1. Submit LSD Documents
o 60 Calendar days after NTP
2. Deliver 60% Design Stage Construction Documents to CITY OF FAYETTEVILLE
o 30 Calendar days after approval of LSD by the city planning commission
3. Deliver 90% Design Stage Construction Documents to CITY OF FAYETTEVILLE
o 30 Calendar days after receipt of written comments from the City of
Fayetteville regarding the 60% design stage documents
4. Deliver Final Design Stage Construction Documents to CITY OF FAYETTEVILLE
o 30 Calendar days after receipt of written comments from the City of
Fayetteville regarding the 90% design stage documents
A.5.2.1 Detailed Design and Preparation of Construction Plans and Specifications for Contract Section
II (Office Building, Parking and Truck Turning):
1. Submit LSD Documents
o 60 Calendar days after NTP
2. Deliver 60% Design Stage Construction Documents to CITY OF FAYETTEVILLE
o 90 Calendar days after approval of LSD by the city planning commission
Fy-355 Amendment 1 Page 3
3. Deliver 90% Design Stage Construction Documents to CITY OF FAYETTEVILLE
o 90 Calendar days after receipt of written comments from the City of
Fayetteville regarding the 60% design stage documents
4. Deliver Final Design Stage Construction Documents to CITY OF FAYETTEVILLE
o 30 Calendar days after receipt of written comments from the City of
Fayetteville regarding the 90% design stage documents
All other provisions of the original Agreement remain in full force and effect.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its or, and
ENGINEER, b its authorized officer have caused this Amendment to be duly executed this day
of ,2014.
ATTEST:
By:
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�• FAME "�"
McGOODWIN WILLIAMS AND YATES
B: 4z"j
Brad Iff Hammond, P.E.
Title: President
® 1TEVILLE ® — END OF AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
N •ssy�/iAS4'd•� ®•
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Fy-355 Amendment 1 Page 4
City of Fayetteville Item Review Form
2014-0089
Ngistar File Number
March 4, 2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Chris Brown Development Services
Submitted By Department
Action Required:
Recycling and Trash Collection Division Office Building Expansion and Site Improvements Contract
Amendment #1 with McGoodwin, Williams & Yates for design services.
Does this item have a cost? YeS
$406,200.00
Cost of this request
5500.5080.5314.00
Account Number
13021 / (various sub -projects)
Project Number
Budgeted Item? Yes
Previous Ordinance or Resolution #
Original Contract Number:
$1,173, 000.00
Category or Project Budget
$109, 000.00
Funds Used to Date
$657,800.00
Remaining Balance
Budget Adjustment Attached? NO
133-13
2287
Solid Waste Office & Trans Station Exp
Program or Project Name
Solid Waste Improvements
Program or Project Category
Solid Waste
Fund Name
e evl
ARKANSAS
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Terry Gulley, Transportation Services Director
From: Chris Brown, P.E., City Engineer
Date: February 14, 2014
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of March 4, 2014
Subject: Recycling and Trash Collection Division Office Building Expansion and Site Improvements
Contract Amendment with McGoodwin Williams and Yates for Design Services
BACKGROUND:
The Recycling and Trash Collection Division is in need of engineering services to design
expansion/improvements to their facility on Happy Hollow Road, to include improvements to their offices
and transfer station building, auxiliary buildings, parking areas, access drives, and other site elements. In
accordance with City policy, a selection committee consisting of city staff and one City Council member
was formed and selected McGoodwin, Williams and Yates (MWY) of Fayetteville as the design consultant.
MWY designed the existing transfer station and office building, and their staff has extensive knowledge and
background on the existing building. The original contract with MWY provided for the development of a
master plan, which has been completed and will be presented at the City Council Agenda Session. The
master plan has identified improvements that are necessary accommodate current space and site needs.
PROPOSAL:
MWY has provided a proposed contract amendment for design services of immediate site and building
improvements identified in the master plan. MWY will provide the engineering and architectural services
needed for the project, and will use a sub -consultants for the mechanical systems (plumbing, electrical,
heating and air conditioning), landscape design, interior design, and systems testing and commissioning.
The proposed fee for design services is $406,200. Major task items include:
•Basic Design Services: $240,580
•Additional Services (landscape architect, interior designer, geotechnical): $43,030
•"Green" Design Services (LEED related fees): $81,740
•City Planning Approval (Large Scale Development) Services: $40,850
THE CITY OF FAYETTEVILLE, ARKANSA5
The Design schedule provides for 5 months of design time for completion of the site design package (scales,
new driveway and site paving) and 9 months of design time for completion of the building design package.
These design schedules do not account for review time by the City, so time frames to begin construction
will be longer than these time frames, and will be dependent on the City review time between design phases.
RECOMMENDATION:
Staff recommends approval of a contract amendment with McGoodwin, Williams, and Yates, Inc. of
Fayetteville in the amount of $406,200 for development of site and building construction plans for the
Recycling and Trash Collection facility on Happy Hollow Road.
BUDGET IMPACT:
This project will be funded from the Solid Waste Office and Transfer Station Expansion project in the Solid
Waste Fund.
RESOLUTION NO.
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE
AGREEMENT WITH MCGOODWIN, WILLIAMS AND YATES, INC. FOR
DESIGN SERVICES ASSOCIATED WITH THE RECYCLING AND TRASH
COLLECTION DIVISION OFFICE BUILDING EXPANSION AND SITE
IMPROVEMENTS
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
Amendment No. 1, a copy of which is attached as Exhibit "A", to the agreement with
McGoodwin, Williams and Yates, Inc. for design services associated with the Recycling and
Trash Collection Division Office Building Expansion and Site Improvements.
LI-A
PASSED and APPROVED this 4t' day of March, 2014.
LIONELD JORDAN, Mayor
ATTEST:
an
SONDRA E. SMITH, City Clerk/Treasurer
RESOLUTION NO.133-13
A RESOLUTION AWARDING RFQ #13-01 AND APPROVING A
CONTRACT WITH MCGOODWIN, WILLIAMS AND YATES, INC. IN AN
AMOUNT NOT TO EXCEED $109,000.00 FOR ENGINEERING DESIGN
SERVICES AT THE SOLID WASTE TRANSFER STATION ON HAPPY
HOLLOW ROAD, 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 awards
RFQ # 13-01 and approves a contract with McGoodwin, Williams and Yates, Inc. in an amount
not to exceed $109,000.00, a copy of which is attached as Exhibit "A", for architectural design
services at the solid waste transfer station on Happy Hollow Road.
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 as Exhibit `B".
PASSED and APPROVED this 18'h day of June, 2013.
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
'%A1111111y,9'
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/18/2013
City Council Meeting Date
Agenda Items Only
Terry Gulley Solid Waste
Submitted By Division
Trans. Services
Department
Action Required:
Approval of an Engineering Contract with McGoodwin Williams and Yates, Inc. of Fayetteville for design services at
the Solid Waste Transfer Station property on Happy Hollow Road
$ 109,000.00 $ 1,173,000.00
Cost of this request Category / Project Budget
5500.5080.5314.00 $
Account Number Funds Used to Date
13021.2000 $ 1,173,000.00
Project Number Remaining Balance
Budgeted Item u Budget Adjustment Attached .�
Solid Waste Office & Trans Station
Program Category / Project Name
Solid Waste
Program / Project Category Name
Solid Waste Improvements
Fund Name
Previous Ordinance or Resolution #
Department Q1966tor Date
Original Contract Date:
Original Contract Number:
Oorney 0 Date
&1 Q.. 4 -3-U'3
Finance and Internal Services Director Date
-3 Z 3
Date
6/3,c4
Date
Received in Cityd 5-3 1— 1 3 P 12 : 5 5+
Clerk's Office
Received in
Mayor's Office
Revised January 15, 2009
•
Tavetevine
-ARKANSAS�
To: Mayor and City Council
Thru: Don Marr, Chief of Staff !N'' `q
Terry Gulley, Transportations Services Directo4n#�
From: Chris Brown, P.E., City Engineer �!%
Date: May 30, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of June 18, 2013
Subject: Solid Waste Building Expansion and Site improvements
PROPOSAL:
The Solid Waste Division is in need of engineering services to design expansion/improvements to their
facility on Happy Hollow Road, to include improvements to their offices and transfer station building,
auxiliary buildings, parking areas, access drives, and other site elements. In accordance with City policy, a
selection committee consisting of city staff and one City Council member was formed and has selected
McGoodwin, Williams and Yates (MWY) of Fayetteville as the design consultant. MWY designed the
existing transfer station and office building, and their staff has extensive knowledge and background on the
existing building. MWY will provide the engineering and architectural services needed for the project, and
will use a sub -consultant, Brown Engineers of Little Rock, for the mechanical systems (plumbing, electrical,
heating and air conditioning).
MWY has presented a proposal for development of a Master Plan for building and site improvements, to
include:
• Review of existing buildings, and development of building programs and preliminary floor plans for
buildings on the site, to include expansion of offices, addition of a break/conference/training room, and
upgrade/replacement of heating and air systems.
• Expansion and improvement/paving of parking areas and access driveways.
• Review of overall traffic flow on the site, including the scale area and the entrance to the compost area.
• Preparation of cost estimates for the various elements identified in the site plan
• Preparation of a preliminary design and construction schedule for these elements, and recommendations
for packaging elements together for construction.
This Master Plan will allow the Solid Waste Division to develop a capital improvement plan for the solid
waste facility. This plan will be used to guide the continued development and expansion of the site, and is
also a necessary element of the upcoming rate study.
THE CITY OF FAYETTEVILLE, ARKANSA5INIII.
The Master Plan development is scheduled to be completed in late 2013. At that time, staff will negotiate
amendments to the contract with MWY for development of construction plans for selected elements, based
on priority of elements and available funding. It may be necessary to develop multiple construction
contracts over a period of time. The packaging of various elements for construction will be developed
during the master planning process.
The total fee for the development of the Master Plan is $109,000.
RECOMMENDATION:
Staff recommends approval of a contract with McGoodwin, Williams, and Yates, Inc. of Fayetteville in the
amount of $109,000 for development of a Master Plan and conceptual designs for improvements to the Solid
Waste Facility on Happy Hollow Road.
BUDGET IMPACT:
This project will be funded from the Solid Waste Office and Transfer Station Expansion project in the Solid
Waste Fund.
RESOLUTION NO.
A RESOLUTION AWARDING RFQ #13-01 AND APPROVING A
CONTRACT WITH MCGOODWIN, WILLIAMS AND YATES, INC. IN AN
AMOUNT NOT TO EXCEED $109,000.00 FOR ENGINEERING DESIGN
SERVICES AT THE SOLID WASTE TRANSFER STATION ON HAPPY
HOLLOW ROAD, AND APPROVING A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby awards
RFQ # 13-01 and approves a contract with McGoodwin, Williams and Yates, Inc. in an amount
not to exceed $109,000.00, a copy of which is attached as Exhibit "A", for architectural design
services at the solid waste transfer station on Happy Hollow Road.
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 as Exhibit `B".
PASSED and APPROVED this 18f` day of June, 2013.
APPROVED:
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCGOODWIN, WILLIAMS, AND YATES, INC.
SOLID WASTE BUILDING EXPANSION AND SITE IMPROVEMENTS
THIS AGREEMENT is made as of I 1 , 20J, by and between City of
Fayetteville, Arkansas, acting by and 4firough its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and McGoodwin, Williams, and Yates, Inc. (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction administration 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.
FY355 ESA.doc
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information 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 A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $109,000. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
5.2 Statements
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
be accompanied each month by the updated project schedule as the basis for determining the
FY355 ESA.doc 2
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 termination 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:
Tvne 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
ENGINEER 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.
FY355 ESA.doc 3
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 carry 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 determining 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 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 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,
FY355 ESA.doc 4
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 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 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 ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER 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, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 After payment in accordance with Paragraphs 6.5.3 and 6.5.4 above, deliver or otherwise
make available to CITY OF FAYETTEVILLE all project deliverables at the latest stage
of completion (e.g. 30%, 90%, etc.) CITY OF FAYETTEVILLE shall have the limited
right to use the deliverables subject to the provisions of Paragraph 6.12.2.
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 ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER 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
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.
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.
FY355 ESA.doc 5
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 ENGINEER 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
ENGINEER 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 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 ENGMER'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
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
FY355 ESA.doc ()
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 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 The CITY OF FAYETTEVILLE acknowledges the Engineer's plans and specifications,
including all documents on electronic media ("delivered documents"), as instruments of
professional service. Nevertheless, the delivered documents prepared under this Agreement
shall be delivered to and become the property of the CITY OF FAYETTEVILLE upon
completion of the services and payment in full of all monies due to the Engineer. Except for
the Engineer's services provided for by this Agreement as related to the construction and
completion of the Project, the ENGINEER accepts no liability arising from any reuse of the
delivered documents by the CITY OF FAYETTEVILLE, unless the Engineer is retained by
CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered
documents. Except where the CITY OF FAYETTEVILLE reuses the delivered documents
subsequent to the completion of the Project, nothing contained in this paragraph shall alter the
Engineer's responsibilities and obligations under this Agreement.
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:
302 E. Millsap Road
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
FY355 ESA.doc 7
6.14.1 CITY OF FAYETTEVILLE and ENGINEER 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 terms 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
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
FY355 ESA.doc g
7.3 Audit: Access to Records
7.3.1 ENGINEER 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. 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 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. 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
7.4.1 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 from the
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
FY355 ESA.doc 9
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 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 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 determined 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 Information 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 Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will 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
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYE EVILLE, ARKANSAS McGoodwin Williams and Yates
By BY:
M o , i neld Jo an Brad B. Hammond, P.E.
ATTEST:
By: S-D&4"' 6, tC•JYYh;U, Tide: President
City Clerk
0RK•/ TRFAi"
�1 01$ftMENT FOR PROFESSIONAL ENGINEERING SERVICES
:FAYETTEVILLE:
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A — SCOPE OF SERVICES
This is Appendix A, consisting of 6 pages, referred to in and part of the Agreement For Professional
Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN,
WILLIAMS, AND YATES, INC. dated
Initial:
CITY OF FAYETTEVILLE
MCGOODWINWILLIAMS AND YATES INC
The following contains additional Scope of Services tasks.
A.1 General Scope
The work covered by this agreement includes a master site/facility plan and report, detailed
design, preparation of construction drawings and specifications, bidding and construction
administration and observation for the Solid Waste Building Expansion and Site
Improvements. The project generally includes the following:
1. Changes to the division office building including renovation and new construction of five
new offices, large storage room, and adding structural support if required.
2. Renovation of front office area including customer check -in, information center for
service materials, built-in cabinets, furniture, and addition of storage space.
3. Renovation of ceilings and floors of entire office building. Renovations may include
elimination or renovating the existing tile floors (tile or decorative).
4. Evaluation of required bathroom facilities to determine if building expansion meets code
requirements.
5. Evaluation of existing HVAC system and efficient design of system for full office
building.
6. Design of separate employee entrance at appropriate location away from main customer
entrance.
7. Design a new breakroom with kitchen facilities and vending area to accommodate division
staff of 70 employees with ability of space to be configured for all staff events, training
session, and employee meetings. The breakroom will include full media equipment (TV,
video, computers, and audio) and employee computer, kiosk, and time -clock stations.
8. Design a new locker room for approximate 70 lockers for personal storage only. No
dressing areas will be required.
9. Design a new training/conference room for approximately 15-20 participants with full
media equipment (TV, video, computers, and audio).
10. Replacement of any parking spaces lost as a result of office building expansion.
11. Expansion of MRF building to include covering and enclosing the current outdoor storage
area.
12. Front entrance landscape design.
13. Renovation of scale house and possible relocation of scale house building and scales to
accommodate entering and exiting traffic.
14. Assist CITY OF FAYETTEVILLE with obtaining all necessary permits.
15. Grading and paving of gravel parking lot where the recycle fleet parks in order to provide
adequate stormwater runoff for necessary permits.
16. Concrete paving the access road from the compost pad to the entrance gate of the
container maintenance and compost drop-off area.
Appendix A Page 1
17. Employee parking lot expansion and re -striping, adding 16-20 new car/truck employee
parking spaces and five motorcycle spaces.
18. Site and design a "hot load" area with concrete floor, drains and water capabilities for
processing hot/burning refuse loads.
19. Design stormwater collection system that controls runoff of leachate that is tracked out of
transfer station by trucks to keep the division compliant with ADEQ concerns.
20. Automatic gate at compost site entrance.
21. Incorporation of sustainable design and low -impact development (LID) features as
practical and appropriate.
22. Mitigation of odors entering office area.
23. Reconfiguring the stormwater sump area.
24. Evaluate and recommend improvements to the Compost Building and check -in road.
25. Investigate possibility of utility incentives/rebates.
A.2 Specific Scope of Services
McGOODWIN, WILLIAMS, AND YATES 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, inspectors
and other assistants as may be necessary to carry on the work in an efficient and expeditious
manner. McGOODWIN, WILLIAMS, AND YATES will provide the following services:
A2.1 Preliminary Design Phase — Master Site and Facility Plan
1. Meet with the CITY OF FAYETTEVILLE to understand the project needs.
2. Develop a conceptual design for the building renovation/addition, including:
a. Building program
b. Code review
c. Existing facility assessment
d. Conceptual design drawings, including a floorplan and exterior elevations, to
illustrate recommended additions/renovations to the building.
3. Develop a conceptual design for the site improvements, including a "master plan" drawing
illustrating recommended improvements.
4. Meet with the CITY OF FAYETTEVILLE to review concept drawings and revise
drawings based on input from the CITY OF FAYETTEVILLE.
5. Attend a review meeting with the city planning staff.
6. Develop a preliminary opinion of probable cost for the project, including itemized
construction packaging recommendations. It is understood and agreed that this opinion
will be prepared for planning and budgeting purposes only and that McGOODWIN,
WILLIAMS, AND YATES makes no warranty, expressed or implied, as to the accuracy
of such opinions as compared to bid or actual costs.
7. Meet with the CITY OF FAYETTEVILLE to review the preliminary opinion of probable
cost. If necessary, identify alternatives to reduce the probable construction cost and make
revisions to the conceptual plans and opinion of probable cost. The scope of work under
Appendix A Page 2
this agreement includes no more than two (2) revisions to the conceptual drawings and
opinion of probable cost.
8. Prepare a draft Preliminary Design Report describing recommended improvements,
including the conceptual design drawings and the preliminary opinion of probable cost
and submit to the CITY OF FAYETTEVILLE for review.
9. Prepare and transmit a final Preliminary Design Report after receiving comments from the
CITY OF FAYETTEVILLE.
A2.2 Detailed Design and Preparation of Construction Plans and Specifications
1. Prepare final design for the project based on the conceptual design plans developed under
Section A2.1, including detailed construction specifications and drawings. It is
understood that final designs may be developed for multiple construction contracts.
Scopes of work for each construction package will be developed after completion of the
Preliminary Design Report, and an appropriate amendment to this agreement will be
developed at that time.
2. 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 McGOODWIN, WILLIAMS, AND YATES makes no warranty, expressed or
implied, as to the accuracy of such opinions as compared to bid or actual costs.
3. 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.
4. Prepare necessary environmental and other permitting applications, including SWPPP and
BMP plans, and assist with submittal to appropriate federal, state and local agencies.
Permitting fees will be paid directly by the CITY OF FAYETTEVILLE and are not
included in the professional design fees. An industrial stormwater permit, if required, will
be prepared by the CITY OF FAYETTEVILLE and is not included in the scope of work.
S. Develop and submit documents in accordance with the CITY OF FAYETTEVILLE's
planning requirements, and attend necessary public meetings to present the project.
A2.3. Bidding and Preconstruction Services
McGOODWIN, WILLIAMS, AND YATES 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 not include dividing construction contracts into
multiple projects and/or bids.
A2.4 Construction Phase Services
1. Attend a preconstruction conference. At the time of the preconstruction conference, a
Notice to Proceed will be issued.
2. Furnish professional engineers to make visits to the site at appropriate intervals to
observe the progress and quality of the executed work and to determine in general
Appendix A Page 3
if the work is proceeding in accordance with the contract documents. In
performing these services, the Engineer shall have no control over nor
responsibility for the Contractor's means, methods, sequence, techniques or
procedures in performing the work, or for safety programs in connection with the
work. These are solely the responsibilities of the Contractor, who is also
responsible for complying with all health and safety precautions as required by any
regulatory agencies.
3. Furnish the services of other field personnel for on -the -site observation of
construction and for the performance of required construction layout surveys when
requested by the Owner. The authority and duties of such Project Representatives
are limited to examining the material furnished and observing the work done and
to reporting their findings to the Engineer. The Engineer will use the usual degree
of care and prudent judgment in the selection of competent Project
Representatives, and the Engineer will use diligence to see that the Project
Representatives are on the job to perform their required duties.
4. The required construction layout surveys will include the establishment of
baselines for locating the work, with a suitable number of benchmarks for site
elevation references as shown in the plans and specifications.
5. Consult with and advise the Owner; issue all instructions to the contractor
requested by the Owner; and prepare routine change orders as required.
6. Review submittals by the Contractor at the request of the Owner. This review is
for the benefit of the Owner to ensure general conformance with the design
concept of the project and general compliance by the contractor with the
information given in the contract documents. It does not relieve the contractor of
any responsibility such as dimensions to be confirmed and correlated at the job
site, appropriate safety measures to protect workers and the public, or the necessity
to construct a complete and workable facility in accordance with the contract
documents.
7. Review monthly and final estimates for payments to the Contractor prepared by
the Owner.
8. Attend, in company with the City of Fayetteville's Representative, a final
inspection of the project. This inspection will be for conformance with the design
concept of the project and compliance with the contract documents.
9. Furnish to the Owner two copies of the record drawings for the project.
A.3 Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE, or others
indicated, by the McGOODWIN, WILLIAMS, AND YATES as part of the Project.
A.3.1 Deliverables for Preliminary Design Phase — Master Site and Facility Plan
Appendix A Page 4
1. Four (4) copies of Draft Conceptual Design Drawings
2. Four (4) copies of the draft version of the Preliminary Design Report
3. Four (4) copies of the final version of the Preliminary Design Report
4. Electronic files in accordance with the Agreement
A.4 Compensation
In consideration of the performance of the foregoing services by McGOODWIN, WILLIAMS,
AND YATES, the CITY OF FAYETTEVILLE shall pay to McGOODWIN, WILLIAMS,
AND YATES compensation as follows:
A4.1 Preliminary Design Report Phase
1. Compensation shall be paid to McGOODWIN, WILLIAMS, AND YATES on the basis of
McGOODWIN, WILLIAMS, AND YATES'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. McGOODWIN, WILLIAMS, AND YATES agrees to
keep the CITY OF FAYETTEVILLE apprised in a timely manner of costs incurred.
2. The reimbursable expenses for which McGOODWIN, WILLIAMS, AND YATES 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,
including any work performed by subcontractors. McGOODWIN, WILLIAMS, AND
YATES shall charge the CITY OF FAYETTEVILLE for reimbursable expenses at actual
cost plus ten percent (10%).
3. The maximum not -to -exceed amount authorized by this contract is $109,000.
A4.2 Detailed Design and Preparation of Construction Plans and Specifications
1. Compensation shall be established by an amendment to this agreement after completion of
the Preliminary Design Phase.
A4.3 Bidding and Preconstruction Services
1. Compensation shall be established by an amendment to this agreement after completion of
the Preliminary Design Phase or the Detailed Design and Preparation of Construction
Plans and Specifications.
A4.4 Construction Phase Services
1. Compensation shall be established by an amendment to this agreement after completion of
the Preliminary Design Phase or the Detailed Design and Preparation of Construction
Plans and Specifications.
A.5 Project Design Schedule
McGOODWIN, WILLIAMS, AND YATES shall begin work under this Agreement
within two (2) working days of a Notice to Proceed (NTP) and shall complete the
work described in Section A2 above in accordance with the schedule below on the
Appendix A Page 5
condition that any requested input and/or comments from the CITY OF
FAYETTEVILLE is received in writing by McGOODWIN, WILLIAMS, AND
YATES within seven (7) calendar days after the request or submittal is received by
the CITY OF FAYETTEVILLE.
A.5.1 Preliminary Design Phase — Master Site and Facility Plan
1. Submit conceptual design drawings
o 70 Calendar days after NTP
2. Revise conceptual drawings and submit preliminary Opinion of Probable Cost and
tentative projected timeline for design/construction for each recommended
construction package
o 15 Calendar days after receipt of written comments from the City of
Fayetteville regarding conceptual design drawings and input from the
City of Fayetteville Planning Division
3. Deliver draft Preliminary Design Report
o 15 Calendar days after receipt of written comments from the City of
Fayetteville regarding revised conceptual design drawings and opinion of
probable cost
4. Deliver final Preliminary Design Report
o 15 Calendar days after receipt of written comments from the City of
Fayetteville regarding draft report
Appendix A Page 6
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Division: Solid Waste & Recycling Request Date
2013 1
Department: Transportation Services 5/30/2013
v12.0724
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
Create two new solid waste sub -projects. Sub -project 1000 is for site improvements. Sub -project 2000 is for new office
space at Solid Waste. This BA will move $109,000.00 from sub -project 1 into sub -project 2000 fro professional
services that will be provided by McGoodwin, William & Yates.
gin
Prepared By: Peggy Bell
Division He
Date
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Reference:
dget Director
'Date
Budget & Research Use Only
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Type: A B C
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Departmen irector
Date
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General. Ledger Date
Finance DIE ctor
Date
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Chief ff
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Initial Date
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yor
tate I
Initial Date
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TOTAL BUDGET ADJUSTMENT - -
Increase / (Decrease) Project.Sub
Account Name Account Number Expense Revenue Number
Solid Waste improvements 5500.5080.5816.00 (109,000) 13021 1
Professional services 5500.5080.5314.00 109,000 13021 2000
EXHIBIT . ;'
JAEXCEL1So1id WastelSW Offices & Transfer Station Proj 130211BA for McGoodwin study 05302013 1 Of 1
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