HomeMy WebLinkAbout116-16 RESOLUTION113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Resolution: 116-16
File Number: 2016-0223
MCGOODWIN, WILLIAMS AND YATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCGOODWIN, WILLIAMS AND YATES, INC. IN AN AMOUNT NOT TO EXCEED $182,077.00
FOR A WATER MASTER PLAN UPDATE AND FOR DESIGN, BIDDING AND CONSTRUCTION
PHASE SERVICES FOR THE REPLACEMENT OF APPROXIMATELY 3,000 FEET OF WATER LINE
ON DINSMORE TRAIL.
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, a copy of which is attached to this Resolution, with McGoodwin, Williams
and Yates, Inc., pursuant to RFQ # 16-01, in an amount not to exceed $182,077.00 for a Water Master Plan
update and for design, bidding and construction phase services for the replacement of approximately 3,000
feet of water line on Dinsmore Trail. ►►111111
PASSED and APPROVED on 6/7/2016
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Sondra E. Smith, City Clerk
Treasurer
Page I Printed on
618116
-- City of Fayetteville, Arkansas
11h
Text File
File Number: 2016-0223
Agenda Date: 6/7/2016 Version: 1
In Control: City Council Meeting
Agenda Number: A. 9
MCGOODWIN, WILLIAMS AND YATES, INC.:
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Passed
File Type: Resolution
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCGOODWIN, WILLIAMS AND YATES, INC. IN AN AMOUNT NOT TO EXCEED
$182,077.00 FOR A WATER MASTER PLAN UPDATE AND FOR DESIGN, BIDDING AND
CONSTRUCTION PHASE SERVICES FOR THE REPLACEMENT OF APPROXIMATELY 3,000
FEET OF WATER LINE ON DINSMORE TRAIL
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, a copy of which is attached to this Resolution, with McGoodwin,
Williams and Yates, Inc., pursuant to RFQ # 16-01, in an amount not to exceed $182,077.00 for a Water
Master Plan update and for design, bidding and construction phase services for the replacement of
approximately 3,000 feet of water line on Dinsmore Trail.
City of Fayetteville, Arkansas Page 1 Printed on 6/8/2016
Jim Beavers
Submitted By
City of Fayetteville Staff Review Form
2016-0223
Legistar File ID
6/7/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/26/2016 Utilities Director /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
Fayetteville City Staff recommends approval of the professional engineering contract with McGoodwin, Williams
and Yates (MWY) in the not to exceed amount of $182,077.00 forthe Water Master Plan Update and Dinsmore
Trail Water Line Replacement.
5400.5600.5314.00
Account Number
12009.1601
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Water & Sewer
Fund
Water System Rehabilitation/Replace
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
4,296,251.00
$
95,944.50
- 4,2.0G, 43 0G `iij
$
182,077.00
Approval Date:
_gT i
V20140710
CITY OF
Fayv*`e1te-v1ii*1e
ARKANSAS
MEETING OF JUNE 7, 2016
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
Water & Sewer Committee
FROM: Jim Beavers, P.E. Utilities Engineer
DATE: April 26, 2016
CITY COUNCIL AGENDA MEMO
SUBJECT: Approval of the engineering contract with McGoodwin, Williams and Yates
(MWY) for the Water Master Plan Update and the Dinsmore Trail Water Line
Replacement
RECOMMENDATION:
Fayetteville City Staff recommends approval of the professional engineering contract with
McGoodwin, Williams and Yates (MWY) in the not to exceed amount of $182,077.00 for the
Water Master Plan Update and the Dinsmore Trail Water Line Replacement.
BACKGROUND:
The contract includes two tasks: the Water Master Plan Update, and the design for replacing
approximately 3,000 linear feet of water line on Dinsmore Trail.
The previous update to the Water Master Plan was done in 2011 (by MWY). The Water Master
Plan Update provides a planning tool for our future Capital Improvement Program projects.
Additionally, Arkansas Department of Health Regulations include the requirement for long range
planning and requested five (5) year updates. The Dinsmore Trail water line replacement design
is requested due to the condition of the existing water line.
DISCUSSION:
McGoodwin, Williams and Yates (MWY) was selected for these two tasks in a formal
engineering selection committee meeting on April 1, 2016 (RFQ 16-01). The contract scope
and the not to exceed costs were negotiated by City Utilities staff.
BUDGET/STAFF IMPACT:
Budgeted funds are available in Water System rehabilitation 12009.
Attachments:
Staff Review Form
Purchase Order
Contract signed by McGoodwin, Williams and Yates (MWY)
Mailing Address:
113 W. Mountain Street www,fayetteville-ai.gov
Fayetteville, AR 72701
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCGOODWIN, WILLIAMS, AND YATES, INC.
WATER MASTER PLAN UPDATE AND DINSMORE TRAIL WATER MAIN REPLACEMENT
THIS AGREEMENT is made as of June 7 , 2016, by and between City of Fayetteville,
Arkansas, acting by and through 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.
FY0362 & FY0363 ESA
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 Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect
to the services to be performed under this Agreement. The Utilities director 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 $182,077.00. 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
value earned as the work is accomplished. Final payment for professional services shall be
FY0362 & FY0363 ESA
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:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
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.
FY0362 & FY0363 ESA 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,
FY0362 & FY0363 ESA 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.
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
FY0362 & FY0363 ESA 5
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 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
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.
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
FY0362 & FY0363 ESA 6
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
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.
FY0362 & FY0363 ESA 7
6.15 Controlling Law
r
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.
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
FY0362 & FY0363 ESA
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. '
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
FY0362 & FY0363 ESA 9
ATTEST:
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.
7.6.2 Pursuant to Ark. Code Ann. § 25-19-105(b)(20), the personal information of City water
system customers must be treated as confidential information and shall not be made available
for inspection except by ENGINEER'S employees as required to fulfill the terms of this
agreement. Upon completion of its contractual duties and after approval of the Water Master
Plan, ENGINEER agrees to destroy or return to the CITY OF FAYETTEVILLE any copies
of records containing information about City water system customers.
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.
McGOODWIN, WILLIAMS & YATES, INC.
Brad B. Hammond, P.E.
President
c.�ycY 0.''%
FAYETTEVILLE;Y
%�• 1D OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FY0362 & FY0363 ESA 10
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A - SCOPE OF SERVICES
This is Appendix A, consisting of 5 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 June 7, 2016.
Initial:
CITY OF FAYETTEVILLE yy
McGOODWIN, WILLIAMS, AND YATES, INC. 1%
The following contains additional Scope of Services tasks.
A.1 General Scope
The work covered by this agreement includes a water master plan update and replacement of
approximately 3,000 linear feet of water main along Dinsmore Trail. For the purposes of
project accounting, the project is separated into two phases with distinct project names and
reference numbers as follows:
1. Dinsmore Trail Water Main Replacement (MWY Project No. FY0362)
2. Water Master Plan Update (MWY Project No. FY0363)
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 Detailed Design and Preparation of Construction Plans and Specifications (Project FY0362)
1. Meet with the CITY OF FAYETTEVILLE to understand the project needs.
2. Consult with regulatory and governmental authorities having jurisdiction over the project.
3. Prepare construction specifications and drawings, including necessary surveying,
engineering design, and drafting.
4. Prepare an opinion of probable cost of the authorized construction.
5. Prepare easement documents. Easement acquisition will be the responsibility of the
Owner, although McGOODWIN, WILLIAMS, AND YATES will provide information
and attend meetings with the Owner and property owners upon request.
6. 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.
FY0362 & FY0363 ESA Appendix A Page 1
7. 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. The scope does NOT include biological surveys
or archeological/cultural resource surveys. If required by regulatory agencies, biological
surveys and/or archeological/cultural resource surveys will be provided as a reimbursable
expense.
A2.2 Bidding and Preconstruction Services (Project FY0362)
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.
A2.3 Construction Phase Services (Project FY0362)
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 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.
If requested by the CITY OF FAYETTEVILLE, 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 CITY OF FAYETTEVILLE. 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 CITY OF FAYETTEVILLE; 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 CITY OF FAYETTEVILLE.
This review is for the benefit of the CITY OF FAYETTEVILLE 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
FY0362 & FY0363 ESA Appendix A Page 2
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 CITY
OF FAYETTEVILLE.
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 CITY OF FAYETTEVILLE two copies of the record drawings for the
project.
A2.4 Water Master Plan Update (Project FY0363)
I. Utilize Innovyze Info Water software and the City's current water model.
2. Review model and make necessary updates based on the City's current GIS.
3. Create diurnal demand curves for each usage class.
4. Geocode water usage data from city's billing records.
5. Evaluate and place major demand customers in model.
6. Perform necessary field work to obtain system flows, pressures, and other data at
appropriate locations and use this information to calibrate the water model.
7. Analyze the water distribution system under existing conditions for the year 2017 and
projected conditions of population and water use through the year 2037 that includes the
following:
a. Average Day Demand
b. Maximum Day Demand
c. Maximum Hourly Demand
d. Fire Flow Conditions
e. Identification of major low pressure areas within the distribution system and
recommendations on mitigation of the low pressure (less than 40 pound per square
inch (psi)) at projected demands.
f. Identification of improvements required to serve the city's water service territory,
including the planning area jurisdiction.
g. Develop recommended sizing and preliminary routing of future distribution and/or
transmission lines in anticipated major growth areas, generally requiring pipe sizes 12
inches or greater.
h. Evaluation of adequacy of total system storage and recommendation on locations for
new storage and booster station that may be required.
i. Using the updated hydraulic water model, perform a water quality analysis to evaluate
the chlorine residual and residence time (age), to identify potential problem regions
within the distribution system.
8. Evaluate and make recommendations for the following specific areas as requested by the
CITY OF FAYETTEVILLE:
a. Evaluate the potential need for separating the Gulley and Goshen pressure planes,
including revised scope and opinion of probable costs.
b. Expedite and provide recommendations for the Benson Mountain pressure plane and
water tank (east of Goshen). Options as identified by the CITY OF FAYETTEVILLE
include relocating existing standpipe; relocating the Township water tank to Benson;
and providing a new elevated water tank at Benson Mountain.
FY0362 & FY0363 ESA Appendix A Page 3
c. Expedite and provide a recommendation for the Township pressure plane and water
tank, and the Ash Street pump station. The CITY OF FAYETTEVILLE is considering
additional storage on Township.
9. Prepare planning -level scopes, schematic maps and opinions of probable costs for
recommended CIP projects including:
a. Immediate improvements
i. Phase I (Present - 2022)
b. Future Improvements
i. Phase 2 (2022 - 2027)
ii. Phase 3 (2027 - 2037)
10. Assist the city staff with review and understanding of the existing automated valve system
using the previous study performed by others and/or the existing operation & maintenance
manual prepared by others.
11. Prepare and transmit a draft report describing the analyses and recommendations for
review by the CITY OF FAYETTEVILLE. After receiving review comments from the
city, prepare and transmit a final report to the CITY OF FAYETTEVILLE and the
Arkansas Department of Health.
12. The Water Master Plan Update will include the requirements of the Arkansas Department
of Health, Arkansas Public Water system Compliance Summary including Chapter 12:
"Water System Planning and Capacity Development".
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 Dinsmore Trail Water Main Replacement (MWY Project No. FY0362)
1. Two (2) copies of Construction Documents for up to three review phases.
2. Two (2) copies of Easement Documents.
3. Electronic files in accordance with the Agreement.
A.3.2 Deliverables Water Master Plan Update (MWY Project No. FY0363)
1. Two (2) copies of the DRAFT Master Plan Report for review.
2. Five (5) copies of the FINAL Master Plan Report.
3. 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:
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
FY0362 & FY0363 ESA Appendix A Page 4
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. Maximum not -to -exceed amounts for each project/project phase are set forth below.
A4.1 Dinsmore Trail Water Main Replacement (MWY Project No. FY0362)
1. The maximum not -to -exceed amount for services described in Section A2.1 Detailed
Design and Preparation of Construction Plans and Specifications and Section A2.2
Bidding and Preconstruction Services is $33,389.00.
2. The maximum not -to -exceed amount for services described in Section A2.3 Construction
Phase Service shall be established by an amendment to this agreement after completion of
the Bidding and Preconstruction Services phase.
A4.2 Water Master Plan Update (MWY Project No. FY0363)
1. The maximum not -to -exceed amount for services described in Section A2.4 Water Master
Plan Update is $148,688.00.
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.
A.5.1 Dinsmore Trail Water Main Replacement (MWY Project No. FY0362)
Submit preliminary design drawings and preliminary opinion of probable
construction cost
o 30 Calendar days after NTP
Revise preliminary design drawings and submit final design drawings, opinion of
probable cost, and easement documents
o 30 Calendar days after receipt of written comments from the City of
Fayetteville regarding preliminary design drawings
A.5.2 Water Master Plan Update (MWY Project No. FY0363)
1. Deliver draft Master Plan Update Report
o 360 Calendar days after NTP
2. Deliver final Master Plan Update Report
O 30 Calendar days after receipt of written comments from the City of
Fayetteville regarding draft report
A.6 Attachments
1. McGoodwin, Williams & Yates Fee Estimate - Dinsmore Trail Water Main
Replacement
2. McGoodwin, Williams & Yates Fee Estimate — Water Master Plan Update
3. McGoodwin, Williams & Yates Schedule of Classifications and Rates for 2016
FY0362 & FY0363 ESA Appendix A Page 5
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ATTACHMENT
TO AGREEMENT FOR ENGINEERING SERVICES
SCHEDULE OF CLASSIFICATIONS AND RATES FOR 2016
Classification
Hourly Rate
Engineer7...............................................................
$225.00
Engineer 6...............................................................
180.00
Engineer5...............................................................
170.00
Engineer 4...............................................................
130.00
Engineer 3 ...............................................................
122.00
Engineer2...............................................................
102.00
Engineer1...............................................................
88.00
Architect3.............................................................. $ 134.00
Architect2............................................................... 96.00
Architect 1.............................................................. 86.00
Technician 6 ..........................................................
$ 115.00
Technician5 ..........................................................
107.00
Technician 4 ............................................................
89.00
Technician 3 ............................................................
78.00
Technician 2 ...................................... ......................
62.00
Technician 1 ............................................................
49.00
Admin6..........................................................._.......
$ 94.00
Admin5....................................................................
87.00
Admin4...................................................................
79.00
Admin3...................................................................
71.00
Admin2...................................................................
53.00
Admin1....................................................................
38.00
GPS Surveying Equipment (when utilized) ............ $ 76.00
Hourly rate schedules will be adjusted annually each January 1.
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
January 1, 2016