HomeMy WebLinkAbout189-16 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 189-16
File Number: 2016-0427
RFQ NO. 16-01 ALLGEIER, MARTIN AND ASSOCIATES, INC.:
A RESOLUTION TO AWARD RFQ NO. 16-01 AND AUTHORIZE A PROFESSIONAL ENGINEERING
SERVICES CONTRACT WITH ALLGEIER, MARTIN AND ASSOCIATES, INC. IN AN AMOUNT NOT
TO EXCEED $90,280.00 FOR THE UTILITY ELECTRICAL STUDY PROJECT.
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 No. 16-01 and
authorizes a professional engineering services contract with Allgeier, Martin and Associates, Inc. in an
amount not to exceed $90,280.00 for the Utility Electrical Study project.
PASSED and APPROVED on 10/18/2016
Attest:
jai \t�`
Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on 10119116
rte, City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0427
Agenda Date: 10/18/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 5
RFQ NO. 16-01 ALLGEIER, MARTIN AND ASSOCIATES, INC.:
A RESOLUTION TO AWARD RFQ NO. 16-01 AND AUTHORIZE A PROFESSIONAL
ENGINEERING SERVICES CONTRACT WITH ALLGEIER, MARTIN AND ASSOCIATES, INC.
IN AN AMOUNT NOT TO EXCEED $90,280.00 FOR THE UTILITY ELECTRICAL STUDY
PROJECT
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 No. 16-01
and authorizes a professional engineering services contract with Allgeier, Martin and Associates, Inc. in
an amount not to exceed $90,280.00 for the Utility Electrical Study project.
City of Fayetteville, Arkansas Page 1 Printed on 1011912016
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2016-0427
�egistar File ID
10/18/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/20/2016 Utilities Director/
Utilities Department
Submitted Date Division / Department
Action Recommendation:
APPROVAL OF THE ENGINEERING CONTRACT WITH ALLGEIER, MARTIN AND ASSOCIATES, INC. FOR AN ELECTRICAL
STUDY OF THE TWO WWTP'S AND MAJOR LIFT STATIONS FOR THE AMOUNT OF $90,280.00.
5400.720.5700-5314.00
Account Number
02017.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Water/Sewer
Fund
Sanitary Sewer Rehabilitation
Project Title
Current Budget
$ 4,426,348.00
Funds Obligated
$ 963,104.88
Current Balance
a
Item Cost
$ 90,280.00
Budget Adjustment
$ -
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments-
CITY OF
•
�f Fay%4—ille
KANSAS
MEETING OF OCTOBER 18, 2016
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
Water & Sewer Committee
FROM: Jim Beavers, P.E.
CITY COUNCIL AGENDA MEMO
DATE: September 20, 2016
SUBJECT: Approval of the engineering contract with Allgeier, Martin and Associates, Inc. for
an electrical study of the two WWTP's and major lift stations for the total amount
of $90,280.00.
RECOMMENDATION:
Fayetteville City Staff recommends approval of the professional engineering contract with
Allgeier, Martin and Associates, Inc. in the not to exceed amount of $90,280.00 for the utility
electrical study.
BACKGROUND:
Aging electrical equipment and changes in the electrical code necessitate a study of the
electrical equipment and arc flash hazards for the West Side Waste Water Treatment Plant, the
Noland Waste Water Treatment Plant and the major lift stations.
DISCUSSION:
On August 26, 2016 the City of Fayetteville conducted a formal qualifications based Engineering
Selection (RFQ 16-01) for the proposed Utility Electrical Study project. The firm of Allgeier,
Martin and Associates, Inc. was selected
The contract scope and the not to exceed costs were negotiated by City Utilities staff.
BUDGET/STAFF IMPACT:
Budgeted funds are available in the Sewer System Rehabilitation Project.
Attachments:
1. Staff Review Form
2. Contract signed by Allgeier, Martin and Associates, Inc.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ALLGEIER, MARTIN AND ASSOCIATES, INC.
WASTEWATER UTILITY ELECTRIC STUDY
THIS AGREEMENT is made as of (Q - 11 , 201(4 by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
ALLGEIER, MARTIN AND ASSOCIATES, INC. with offices located in Joplin, Missouri (hereinafter
called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the planning, design, permitting, construction, operation, maintenance, management, and financing
of City utilities and in particular requires services associated with Utility Electrical Studies of the Paul R.
Noland (east) wastewater treatment plant (WWTP), the West Side WWTP, and the City's major sanitary
sewer lift stations (The "Project"). 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 I - 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 ill
advance of the change in scope, costs, fees, or delivery schedule.
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SECTION 2- BASIC SERVICES OF ENGINEER
2.1 Perform professional engineering services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER as a part of the Utility Electrical Study
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.
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 Provide access to and make all provisions for ENGINEER to enter upon property as required
for ENGINEER to perform his services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, 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
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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 Compensation
5.1.1 For the Arc Flash Hazard Analysis and Mitigation Plan set forth in Appendix A, Section
A.2.1, CITY OF FAYETTEVILLE shall pay ENGINEER on the basis of the hourly labor
rates and non -labor rates, as set forth in Exhibit A, "Allgeier Martin and Associates, Inc. Rate
Schedule", with a maximum fee, including direct labor expenses and non -labor expenses not -
to -exceed $59,540.00. Estimates of direct labor expenses by personnel classification, and
non -labor expenses are shown in Exhibit B.
5.1.2 For the evaluation of the existing electrical equipment at the City's two wastewater treatment
plants set forth in Appendix A, Section A.2.2 and subsequent subparagraphs, CITY OF
FAYETTEVILLE shall pay ENGINEER on the basis of the hourly labor rates and non -labor
rates, as set forth is Exhibit A, "Allgeier Martin and Associates, Inc, Rate Schedule", with a
maximum fee, including direct labor expenses and non -labor expenses not -to -exceed
$30,740.00. Estimates of direct labor expenses by personnel classification, and non -labor
expenses are shown in Exhibit B.
5.1.3 Payments made by CITY OF FAYETTEVILLE based upon ENGINEER'S Hourly Rates
shall approximate the schedule in Exhibit B, "ESTIMATES OF EXPENSES". Underruns in
one phase or item of the work may be used to offset overruns in another phase or item of
work as long as the total contract amount is not exceeded.
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 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. 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.
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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 C0NSIIDEI.ATIONS
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.
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.
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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. ENGINEER agrees not to seek or accept any
compensation or reimbursements from the City of Fayetteville for engineering work it
performs to correct any errors, omissions or other deficiencies caused by ENGINEER 's
failure to meet customarily accepted professional engineering practices. CITY OF
FAYETTEVILLE retains all other 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.
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6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the 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 data, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by ENGINEER in performing this Agreement, whether completed or in
process. CITY OF FAYETTEVILLE shall have limited right to use the deliverables
subject to the provisions of Paragraph 6.13.2.
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.
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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
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.
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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
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Computer Models
6.12.1 ENGINEER may use or modify ENGINEER 's proprietary computer models in service of
CITY OF FAYETTEVILLE under this Agreement, or ENGINEER may develop computer
models during ENGINEER's service to CITY OF FAYETTEVILLE under this Agreement.
Such use, modification, or development by ENGINEER does not constitute a license to CITY
OF FAYETTEVILLE to use or modify ENGINEER 's computer models. Said proprietary
computer models shall remain the sole property of the ENGINEER. CITY OF
FAYETTEVILLE and ENGINEER will enter into a separate license agreement if CITY OF
FAYETTEVILLE wishes to use ENGINEER's computer models.
6.13 Ownership of Documents
6.13.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of
CADD drawings and cross sections, estimates, specification field notes, and data are and
remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced
copies of drawings and copies of other documents.
6.13.2 The CITY OF FAYETTEVILLE acknowledges the Engineer's documents, including all
documents on electronic media ("delivered documents"), as instruments of professional
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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 a
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.
6.13.3 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.
6.14 Notices
6.14.1 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
Fa etteville Arkansas 72701
ENGINEER's address:
7231 East 24"' Street
Joplin. Missouri {4804-3485
6.15 Successor and Assigns
6.15.1 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.
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6.16 Controlling Law
6.16.1 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.
6.17 Entire Agreement
6.17.1 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. 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.
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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
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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, the State or EPA 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.
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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
By:
A1TE
By:
City Clerk
ALLGEIER, MARTIN AND ASSOCIATES, INC.
By: AL Q
Title: Pr vim,
Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed
without formal contract amendment approved by the Mayor and the City Council in advance of the
change in scope, cost, fees, or delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
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CITY OF FAYETTEVILLE, ARKANSAS
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A — SCOPE OF SERVICES
This is Appendix A, consisting of five (5) pages, referred to in and part of the Agreement For Professional
Services between the CITY OF FAYETTEVILLE, ARKANSAS and ALLGEIER, MARTIN AND
ASSOCIATES, INC.. dated J4- ft
Initial
CITY OF FAYETC'EVIL.LE
ALLGEIER, MARTIN AND ASSOCIATES, INC. O,. L
The following contains additional Scope of Services tasks:
A.l General Scope
The work covered by this Agreement includes an evaluation of the electrical equipment at the
City's two wastewater treatment plants and major lift stations, with special consideration given to
arc flash requirements, and reliability of aging electrical equipment at the treatment plants. For
the purpose of project accounting the project is separated into two components with project
names as follows:
1. WWTF Arc Flash Study
2. WWTP Electrical Study
A.2 Specific Scope of Services
ALLGEIER, MARTIN AND ASSOCIATES, INC. shall provide a suitable engineering staff to
obtain the necessary field information required to provide the following services:
A.2.1 WWTF Arc Flash Study
Conduct an Arc Flash Hazard Analysis and provide a Mitigation Plan for the CITY OF
FAYETTE,VILLE's two wastewater treatment plants and the City's major sanitary sewer lift
stations, The evaluation and labeling shall be in accordance with current NFPA 70E standards
and IEEE 1 584 and shall include an evaluation of existing electrical drawings and installed
equipment, modeling of 480 volt and 15 KV equipment, preparation of a written report, and
labeling of the electrical equipment.
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A.2.2 WWTP Electrical Study
Provide an evaluation of the existing electrical equipment at the City's two wastewater
treatment plants as it relates to the availability of replacement parts for equipment prior to or
at the time of failure. The engineering analysis shall include an inventory and evaluation of
the 12.5 KW switching equipment and the 480 volt, 3 -phase electrical control equipment
including motor control centers, switchboards, panelboards, busways, and special switches. A
written report or reports shall be developed, offering recommendations and opinions of cost
for both immediate improvements and also future requirements to be included in the City's
2017-2021 Capital Improvements Plan.
A.2.2.1 Noland WWTP
The evaluation of the Paul R. Noland WWTP shall develop recommendations and
opinions of costs to address current issues with the unavailability of replacement parts for
the aging electrical equipment. A plan of action shall be set forth for either upgrading the
entire system or establishing a coordinated response to equipment failures as they occur
at this WWTP.
A.2.2.2 West Side WWTP
The evaluation of the newer West Side WWTP shall develop recommendations and
opinions of cost to address issues with obtaining replacement equipment for specific
motor control centers and/or switchboards that may be discontinued or not readily
available when needed. A plan of action shall be set forth for either upgrading portions of
the electrical system or establishing a coordinated response to equipment failures as the
occur at this WWTP.
A.3 Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE
A.3.1 WWTF Arc Flash Study
Three (3) copies of the results of the Arc Flash Hazard Analysis and Mitigation Plan for
both wastewater treatment plants and the major sanitary lift stations.
2. Electronic files in accordance with the Agreement.
A.3.2 WWTP Electrical Study
1. Three (3) copies of the evaluation of electrical equipment at the City's two wastewater
treatment plants.
2. Electronic files in accordance with the Agreement.
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A.4 Compensation
In consideration of the performance of the foregoing services by ALLGEIER, MARTIN AND
ASSOCIATES, INC., the CITY OF FAYETTEVILLE shall pay to ALLGEIER, MARTIN AND
ASSOCIATES, INC. compensation as set forth in Section 5 of the Agreement For Professional
Services.
A.4.1 Attachments
A.4.1.1 Exhibit A - ALLGEIER, MARTIN AND ASSOCIATES, INC. Rate Schedule
A.4.1.2 Exhibit 13 — Estimates of Expenses
A.5 Schedule
ALLGEIER, MARTIN AND ASSOCIATES, INC. anticipates completion of the WWTF Arc
Flash Study and WWTP Electrical Study, and delivery of the associated engineering reports to
the City within 120 calendar days from the issuance of the project Notice to Proceed.
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EXHIBIT A
ALLGEIER, MARTIN AND ASSOCIATES, INC. RATE SCHEDULE
2016 -2017
LABOR RATES
Hourly
Billing Rate
01/01/2016
01/01/2017
thru
thru
Classification
12/31/2016
12/31/2017
Principal/Engineer IV
$185
$191
Principal/Engineer III
$170
$175
Principal/Engineer II
$140
$145
Principal/Engineer I
$130
$135
Designer III/GIS Specialist
$124
$128
Designer/Technician 11.1
$104
$108
Designer/Technician 11
$70
$75
Designer/Technician I
$65
$70
Two -Man GPS Survey Crew
$175
$181
One -Man GPS Survey Crew
$135
$140
Three -Man Survey Crew
$190
$201
Two -Man Survey Crew
$150
$155
Registered Land Surveyor 11
$160
$166
Registered Land Surveyor 1
$140
$145
Survey Party Chief
$86
$88
Survey Crew Member
$69
$72
Right of Way Specialist
$108
$112
Construction Inspector Ill
$104
$108
Construction Inspector 11
$92
$95
Construction Inspector I
$84
$88
Clerical
$60
$65
Print Specialist
$60
$65
Note: All pre -approved overtime hours shall be invoiced at I V2 times the hourly billing rate shown above,
NON -LABOR RATES
Item
Travel
Subsistence
Lodging
Special Postage or Shipping
Printing
Surveying Materials
Subcontract Specialty Services
Rate
$0.54 per mile (or current IRS rate)
Actual Cost
Actual cost
Actual cost
Actual cost
Actual cost
Cost + 10%
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1 E4eelWo lll]
ESTIMATES OF EXPENSES
Arc Flash, West Side WWTF
Engineer II
Technician II
Clerical
Print Specialist
Non -Labor Costs
Subtotal Estimated Cost
Arc Flash, Paul R. Noland WWTF
Engineer II
Technician II
Clerical
Print Specialist
Non -Labor Costs
Subtotal Estimated Cost
Arc Flash, Sewage Lift Stations
Engineer II
Technician II
Clerical
Print Specialist
Non -Labor Costs
Subtotal Estimated Cost
76 hrs. @ $140/hr.
90 hrs. @ $70/hr.
16 hrs. @ $60/hr.
8 hrs. @ $60/hr.
84 hrs. @ $140/hr.
116 hrs. @ $70/hr.
16 hrs. @ $60/hr.
8 hrs. @ $60/hr.
44 hrs. @ $140/hr.
128 hrs. @ $70/hr.
16 hrs. @ $60/hr.
6 hrs. @ $60/hr.
Paul R. Noland WWTF Electrical Study
Engineer IV
8 hrs. @ $185/hr.
Engineer'III
24 hrs. @ $170/hr.
• Engineer II
24 hrs. @ $140/hr.
• Technician III
80 hrs. @ $104/hr.
Clerical
10 hrs. @ $60/hr.
Print Specialist
4 hrs. @ $60/hr.
Non -Labor Costs
Subtotal Estimated Cost
West Side WWTF Electrical Study
Engineer IV
Engineer III
Technician III
Clerical
Print Specialist
Non -Labor Costs
Subtotal Estimated Cost
8 hrs. @ $185/hr.
8 hrs. @ $170/hr.
80 hrs. @ $104/hr.
6 his. @ $60/hr.
4 hrs. @ $60/hr.
$10,640
6,300
960
480
800
$19,180
$11,760
8,120
960
480
1.200
$22,520
$6,160
8,960
960
360
1,400
$17,840
$1,480
4,080
3,360
8,320
600
240
500
$18,580
$1,480
1,360
8,320
360
240
400
$12,160
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