HomeMy WebLinkAbout113-17 RESOLUTIONF.uiw -
�.i. 6J
�"h"kd1151. `r.
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 113-17
File Number: 2017-0235
MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS,
INC. IN THE AMOUNT OF $250,793.00 FOR ENGINEERING SERVICES ASSOCIATED WITH THE
KITTY CREEK SEWER LINE IMPROVEMENT PROJECT, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $25,079.30
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with
McClelland Consulting Engineers, Inc. in the amount of $250,793.00 for engineering services associated
with the Kitty Creek Sewer Line Improvement Project, and further approves a project contingency in the
amount of $25,079.30.
PASSED and APPROVED on 6/6/2017
Page 1
Attest:
Sondra E. Smith, City Clerk Treas�jgn
C7F i'Psj•�
~tz LLQ
G ill4G� �y►��
Printed on 617117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0235
Agenda Date: 6/6/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 3
MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. IN THE AMOUNT OF $250,793.00 FOR ENGINEERING SERVICES
ASSOCIATED WITH THE KITTY CREEK SEWER LINE IMPROVEMENT PROJECT, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNTOF $25,079.30
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with
McClelland Consulting Engineers, Inc. in the amount of $250,793.00 for engineering services
associated with the Kitty Creek Sewer Line Improvement Project, and further approves a project
contingency in the amount of $25,079.30.
City of Fayetteville, Arkansas Page 1 Printed on 817/2017
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2017--0235
Legistar File ID
6/6/2,017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/25/2017 Water & Sewer Maintenance /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
A RESOLUTION TO APPROVE AN AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT
OF $250,793.00 FOR ENGINEERING SERVICES RELATED TO THE KITTY CREEK SEWER IMPROVEMENTS, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,079.30 FOR A TOTAL OF $275,872.30
Budget Impact:
5400.720.5700-5314.00
Account Number
02017.1
Water & Sewer
Fund
Sanitary Sewer Rehabilitation
Project Number
Budgeted Item? Yes Current Budget
.Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Project Title
$ 5,326,606.00
$ 454,000.92
$ 275,872.30
Approval Date:
V20140710
CITY OF
Me aay�
ARKANSAS
MEETING OF JUNE 6, 2017
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
Water & Sewer Committee, May 9, 2017 Meeting
FROM: Jim Beavers, P.E. Utilities Engineer
DATE: April 25, 2017
SUBJECT: Approval of the engineering contract and contingency with McClelland Consulting
Engineers (MCE) Inc. for professional engineering services associated with the
sanitary sewer improvements from Mud Creek, south of Joyce Boulevard, north
to Zion Road, aka the Kitty Creek sewer improvements.
RECOMMENDATION:
Fayetteville City Staff recommends approval of (1) the engineering contract with McClelland
Consulting Engineers (MCE) Inc. in the not to exceed amount of $250,793.00 and (2) a ten
percent engineering contract contingency of $25,079.30. The total request is $275,872.30.
BACKGROUND: -
The sanitary sewer improvements, including increasing line size and located generally adjacent
to Kitty Creek is a recommended CIP project in the Wastewater Collection System 2014 Master
Plan Update. A pre -design preliminary opinion of the future construction and easement costs is
$2,000,000.00.
The proposed engineering contract will provide design and construction administration services.
DISCUSSION:
McClelland Consulting Engineers, Inc. (MCE) was selected for this task in a formal engineering
selection committee meeting on February 23, 2016, City of Fayetteville RFQ 16-01, Engineer
and Architect - Selection #9. The contract scope and the not to exceed costs were negotiated
by City Utilities staff.
BUDGET/STAFF IMPACT:
Budgeted funds are available in the Sanitary System Rehabilitation project.
Attachments:
Staff Review Form
Agreement
Vicinity Map
Mailing Address:
113 W. Mountain Street www.fayetteviiie-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation - Zion Road to south of Joyce Boulevard
THIS AGREEMENT is made as of (D- LQ , 2017, by and between City of
Fayetteville, Arkansas, -acting by and through its Mayor (hereinafter called CITY OF
FAYETTEVILLE) and McClelland Consulting Engineers, Inc. with offices located in the City of
Fayetteville (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in
connection with the evaluation, planning, 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. If Construction Phase Services are to be provided
by ENGINEER under this Agreement, the construction shall be executed under the observation
of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code
Amended §22-9-101.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation - Kitty Creek Sanitary Sewer Proposal.docx A — 1
I
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 from CITY OF FAYETTEVILLE to ENGINEER 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 design services in connection with the Project as hereinafter
stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during this 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.
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 ENGINNER's disposal all available information
pertinent to the assignment including previous reports and any other data relative
thereto.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-2
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, 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. Such person 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 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.
4.3 ENGINEER shall provide a schedule of its services and include such schedule with
the scope in Appendix A.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-3
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $250,793.00.
5.2 The CITY OF FAYETTEVILLE shall compensate ENGINEER based upon a unit
price or lump sum basis as described in Appendix A.
5.2.1 The maximum not -to -exceed amount authorized for this Agreement is based upon the
estimated fee scope, hours, costs and expenses per phase. The estimated fee
spreadsheets shall be included in Appendix A. The amount for any phase may be
more or less than the estimate, however the maximum not -to -exceed amount shall not
be exceed without a formal contract amendment.
5.3 Statements
5.3.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE 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. Final payment for professional services shall be made upon CITY OF
FAYETTEVILLE's approval and acceptance with the satisfactory completion of the
professional engineering services.
5.4 Payments
5.4.1 All statements are payable upon receipt and generally 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.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-4
5.5 Final Payment
5.5.1 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 ENGINEER's 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.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-5
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
Standards, Arkansas State Law and the Rules and regulations of the Arkansas Board
of Licensure For Professional Engineers and Professional Surveyors. 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 consequent of such
defect. 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.
6.2.2 In addition ENGINEER will be responsible to CITY OF FAYETTEVILLE for
damages caused by its negligent conduct during its activities at the Project Site to the
extent covered by ENGINEER'S's Commercial General Liability and Automobile
Liability Insurance policies.
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
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-6
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,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-7
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 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data,
drawings, specifications, reports, estimates, summaries and such other
information and materials as may have been accumulated by ENGINEER in
performing this Agreement, whether completed or in process.
6.5.6 Upon 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
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-8
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 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;
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-9
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.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-10
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,
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.
6.12.2 The CITY. OF FAYETTEVILLE acknowledges the ENGINEER's plans and
specifications, including documents on electronic media ("delivered documents"), as
instruments of professional services. 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 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 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
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-11
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
Fayetteville, AR 72701
ENGINEER's address:
1810 North College Avenue
Fayetteville, Arkansas 72701
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.
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.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-12
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 or any Federal or State Agency'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 nor any Federal or
State Agency'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.
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-13
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 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:
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-14
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
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-15
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.
7.6.2 Pursuant to Arkansas Code Ann. § 25-19-105(b)(20), the personal information of
CITY OF FAYETTEVILLE 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
ENGINEER's contractual duties and after approval of ENGINEER's documents, the
ENGINEER agrees to destroy or return to CITY OF FAYETTEVILLE any copies of
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-16
records containing information about CITY OF FAYETTEVILLE 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.
By:—
City Clerk
McClelland Consulting Engineers, Inc.
By: -
Daniel
y: -Daniel Barnes, P.E.
Title: President Favetteville
���►►tittrrrrr���
�;• `�,rS Y OC!. 6
FAYETTEVILLE:
r• C .
�,vs; • • RkA
NPS
11111111 W0%%
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Kitty Creek Sanitary Sewer Relocation/Rehabilitation
A-17
2.
APPENDIX 'A-1'
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
KITTY CREEK SANITARY SEWER UPGRADE;
ZION ROAD TO SOUTH OF JOYCE AVENUE
Scope of Project
a. Increase the capacity of the existing sanitary sewer line along Kitty Creek from
Zion Road to South of Joyce Avenue. -Specifically, increase the capacity of
approximately 5,400 linear feet (LF) of existing 10 -inch sanitary sewer from
Manhole I-(17)044 to Manhole I-(17)108. Approximately 2,200 LF will be
increased to an 184nch diameter line, while the remaining 3,200 LF will be
increased to a 15 -inch diameter line as recommended in the Wastewater
Collection System 2014 Master Plan update by RJN Group.
b. The upgrade will be completed to replace existing line segments from Manhole
I-(17)044 to Manhole I7(17)108. The tie-in point at the upstream project limit at
Manhole I-(17)108 will be coordinated with the sewer improvements that have
been designed for the Zion Road Phase H Project.
c. Evaluate trenchless technologies to complete construction in the areas with
limited access, in addition to environmentally sensitive areas.
d. Obtain required regulatory agency permits (including Arkansas Department of
Health and U.S. Army Corps of Engineers). In addition, follow the requirements
outlined in the CITY OF FAYETTEVILLE's Streamside Protection Ordinance.
Prepare construction phasing plans necessary to maintain continued traffic flow at
all times for road crossings, unless agreed otherwise with the CITY OF
FAYETTEVILLE. It is anticipated all roadway crossings will be bored as to not
damage existing pavement.
Basic Services
The Scope of Services of the ENGINEER as described in the Agreement are further
defined and described hereinafter.
APPENDIX `A-1' — Scope of Services A-1-1 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
3. Preliminary ,E+ ngineering Report
Complete a field evaluation of the existing sanitary sewer alignment and identify
potential conflicts. These shall include, but not be limited to ingress/egress,
bypass pumping, stream side management, existing improvements within
easement limits, etc.
b. Perform up to five (5) rock soundings at critical locations along the alignment.
Prepare summary report and logs, which will also be included in the Project
Manual.
C. Evaluate upgrade options for upgrade. The same technique may not be used for
the project in its entirety.
d. Prepare estimates of probable construction costs for options evaluated.
Present a written report with recommendations to the CITY OF FAYETTEVILLE
for review and approval.
Review report with CITY OF FAYETTEVILLE.
4. Property Resolution/Exhibit A Map Preparation
a. CITY OF FAYETTEVILLE will provide ownership information for properties
along project route including copies of recorded plats, legal descriptions for
unplatted tracts and easements and right of way information.
b. Prepare Exhibit A maps for any additional right of way, easements, and/or
temporary construction easements required.
C. All survey work and related right-of-way work will be conducted with the
standards of care as outlined in the Standards of Practice No. 1 (Revised May 21,
2009, updated 8-25-08) Arkansas Standards of Practice for Property Boundary
Surveys and Plats.
Conceptual DesiLn Phase - 30%
a. Prepare plan drawings (horizontal alignment) showing all existing facilities..
b. Prepare plans and data including the following information:
APPENDIX `A-1' — Scope of Services A-1-2 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
(1) Survey data, centerline and stations, existing improvements, boring
locations, bench marks, existing and proposed easements and right-of-way,
temporary construction easements and structures.
(2) Proposed horizontal alignment.
(3) Prepare estimate of probable construction costs for primary and alternate
designs (trenchless construction methods) including unit cost and total
cost.
6. Final Design Phase - 100%
a. Prepare plan and profile drawings showing all existing facilities. Horizontal scale
of drawings to be 1 inch equals 20 feet or larger and vertical scale to be 1 inch
equals 5 feet. Prepare final design plans to incorporate 30% design comments and
include the following:
(1) Design and layout all proposed sanitary sewer horizontal and vertical
alignment on plan and profile sheets. Show existing utilities and
associated depths.
(2) Draft notes on plans to fully describe the construction work to be
performed.
(3) Prepare recommendations for sequence of construction and prepare layout
of construction phasing and use of trenchless technologies.
b. Prepare right-of-way plans to include the following:
(1) Plans to be drawn at 1 " = 50' scale or larger scale.
(2) Identify property subdivisions, existing and proposed rights-of-way and
easements, ownership names, addresses, utility easements, temporary
construction easements and related information.
(3) Provide complete information on plans for, and prepare legal descriptions
for, acquisition of rights-of-way and easements including residual or
severed tracts. Prepare easement and right of way acquisition documents
utilizing standard CITY OF FAYETTEVILLE forms.
(4) Provide tabulation of tracts, ownerships, and areas (permanent and
temporary construction easements) for each acquisition.
APPENDIX `A-1' — Scope of Services A-1-3 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
C. Prepare construction details which depict all typical items utilizing the CITY OF
FAYETTEVILLE format and standard detail drawings where applicable.
d. Prepare non-standard construction details and specifications as required.
e. Provide construction bid proposal form. Provide a computer disk containing the
bid proposal form in accordance with CITY OF FAYETTEVILLE format(s).
f. Prepare a recommendation of construction contract time.
g. Submit to the Arkansas Department of Health for review/approval.
h. Prepare and submit permit application to the US Army Corps of Engineers.
i. Complete storm water pollution prevention plan.
j. Assemble Project Manual and provide to CITY OF FAYETTEVILLE for bidding
purposes.
k. Prepare estimate of probable construction costs.
1. Attend monthly design progress meeting with CITY OF FAYETTEVILLE.
7. Bidding Services
a. Respond to questions from Bidders.
b. Prepare addenda as required and provide to CITY OF FAYETTEVILLE for
distribution to Bidders.
c. Attend pre-bid meeting. It is assumed that the CITY OF FAYETTEVILLE will
conduct the meeting.
d. Attend bid opening.
e. Prepare bid tabulation and recommendation of award letter.
APPENDIX `A -F — Scope of Services A-1-4 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
8. Construction Administration
a. Assist City with issuing the Notice to Proceed (NTP) and obtaining executed
Contract Documents from the selected Contractor, if requested by the CITY OF
FAYETTEVILLE.
b. Attend the pre -construction meeting. It is assumed that the CITY OF
FAYETTEVILLE will conduct the meeting and issue meeting minutes.
C. Review and respond to Contractor submittals for conformance to the Contract
Documents, Drawings, and Specifications. Up to ten (10) submittals are
anticipated on this project. The initial review and one (1) re -submittal review is
included in this scope of services. Additional re -submittal reviews will be
considered Additional Services.
d. Review Contractor's Requests for Information (RFIs) and issue clarifications as
required. Up to ten (10) RFIs are anticipated on this project.
e. Assist the CITY OF FAYETTEVILLE with the evaluation, negotiation, and
processing of Contractor change order requests, if required.
f. Review monthly Pay Estimates from the Contractor and provide recommendation
for payment. A total of eight (8) pay estimates are assumed.
g. Engineer of Record shall conduct periodic site visits and attend progress meetins
as required to observe the progress and quality of the executed work to determine_
compliance with approved plans and specifications in accordance with Arkansas
State Law 22-9-101. A total of sixteen (16) site visits/progress meetings are
estimated over the course of the assumed 210 calendar day construction contract.
h. Assist the CITY OF FAYETTEVILLE with the final inspection walk-through.
Develop a punch list of outstanding items, and review project closeout documents.
Prepare record drawings based upon information furnished by the Contractor and
field representatives.
9. Construction Observation
a. Provide a field representative to perform comprehensive construction observation
if requested by the CITY OF FAYETTEVILLE. Field representative shall meet
with CITY OF FAYETTEVILLE field representative at least once weekly to stay
informed on construction progress and any issues that may arise.
APPENDIX `A-1' — Scope of Services A-1-5 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
b. It is estimated that the level of observation required by the ENGINEER to provide
comprehensive services will equate to an average of 30 hours per week for the
duration of the assumed 210 calendar day construction contract. Partial
observation will be conducted on non-critical construction items such as, but not
limited to general site cleanup, seeding, sodding, etc.
C. CITY OF FAYETTEVILLE shall provide adequate notice to ENGINEER when a
field representative is required. Minimum notice shall be three (3) business days,
with one (1) week notice preferred.
10. Surveying Services
a. At the request of the CITY OF FAYETTEVILLE, provide up to 32 hours of field
surveying to assist in reviewing the Contractor's work and/or to address property
owner questions.
11. Project Deliverables
a. Three copies of the Concept Plans (30%), design report and cost estimates.
b. One copy of the Preliminary Plans to each potentially affected utility company.
C. Three copies of the Final Plans, design report, cost estimates and other supporting
documents.
d. Three copies of the revised Final Plans, design summary, cost estimates and other
supporting documents.
e. One copy of the construction bid proposal on a computer disc.
f. One copy of the revised Final Plans to each potentially affected utility company.
g. Three copies of the Final Plans and Specifications to the Contractor.
h. Three copies of the right-of-way plans, easements and acquisition documents.
i. One (1) hard copy and a PDF copy (if applicable) of the approved shop drawings
and submittals from the Contractor.
j. One (1) hard copy set and a PDF copy of the Record Drawings.
APPENDIX `A-1' — Scope of Services A-1-6 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
k. Other electronic files as requested.
12. General
a. All sewer construction shall follow the guidelines described in the CITY OF
FAYETTEVILLE Sewer Design Standards.
C. Plans shall be reducible, and legible, to scalable half size plans on 11" x17"
sheets. One set of reproducible plans will be provided for right-of-way. In
addition, provide preliminary and final plans on computer disk in a format
compatible with the current AutoCAD release used by the CITY OF
FAYETTEVILLE.
d.
C. Record drawings shall be provided on computer disc in AutoCAD format in
addition to the reproducible drawings.
Attend meetings with Owner and Agencies for plan review, project coordination
and right-of-way.
13. The services specified for the various phases of the Agreement shall be completed and all
stipulated documents shall be submitted to the OWNER in accordance with the project
schedule below:
Begin Design
Submit Preliminary Engineering Report
Submit 30% Design for Review/Comment
Submit 100% Design for Review/Comment
Submit to ADH for review and approval
Advertise for Bids
Notice to Proceed Issued by Owner
4 weeks from notice to proceed
16 weeks from approved PER
26 weeks from 30% approval
2 weeks from 100% approval
2 weeks from ADH approval
14. The ENGINEER should anticipate a 30 calendar day review period by the CITY OF
FAYETTEVILLE between the completion of one phase and the beginning of the
following phase. Additional time may be required for review by agencies.
15. The plans, specifications and contract documents authorized by this Agreement shall be
prepared to allow construction bids to be received and construction to be performed under
one construction contract.
16. Subcontracting of services by the ENGINEER shall have prior approval of the OWNER.
APPENDIX `A -F — Scope of Services A-1-7 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
APPENDIX 'A-2'
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
KITTY CREEK SANITARY SEWER UPGRADE;
ZION ROAD TO SOUTH OF JOYCE AVENUE
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an amount
equal to the cumulative hours charged to the Project for each class of ENGINEER's
employees multiplied by ENGINEER'S Hourly Rates as shown on the attached Exhibit "I",
plus approved Reimbursable Expenses and ENGINEER's Consultant charges, if any.
ENGINEER's Hourly Rates as shown on the attached Exhibit "1" shall be adjusted annually
each January 1. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall
pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
* Basic Services: Payment by CITY OF FAYETTEVILLE based on ENGINEER's Hourly
Rates shall approximate the following schedule. Payment for a specific phase shall not exceed
the scheduled amount prior to completion of that phase. Underruns in one phase may be used
to offset overruns in another phase as long as the contract amount is not exceeded.
Preliminary Engineering Report $16,140.00
Property Resolution/Exhibit A Map Preparation $10,480.00
Conceptual Design Phase - 30% Design $32,840.00
Final Design Phase -_100% Design $76,780.00
Bidding Services $5,300.00
Construction Administration $38,040.00
Construction Observation $63,000.00
Surveying Services $5,088.00
SUB -TOTAL Basic Services $247,668.00
• Additional Services: Any and all Additional Services must be approved, and maximum
amount to be paid for said services agreed to, in writing by CITY OF FAYETTEVILLE prior
to rendering of same. CITY OF FAYETTEVILLE shall pay ENGINEER for Additional
Services rendered an amount equal to the cumulative hours charged to the Project for each
class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the
APPENDIX `A-2' — Compensation A-2-1 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
Attached Exhibit "1", plus approved Reimbursable Expenses and ENGINEER'S Consultant
charges, if any. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall
pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable Expenses
incurred in connection with Basic and Additional Services. Reimbursable Expenses must be
approved by the CITY OF FAYETTEVILLE prior to the incurrence of such expenses. The
estimated amount of Reimbursable Expenses to be incurred in connection with Basic Services
is:
SUB -TOTAL Reimbursable Expenses $3,125.00
The maximum payment to the ENGINEER for Basic Services and Reimbursable Expenses
under this Agreement shall not exceed
$250,793.00
ENGINEER shall submit invoices monthly for services rendered and expenses borne. The
invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel
working on the project.
The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive)
paid to all personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, surveyors, designers, draftsman, specification writers, estimators, other
technical personnel, stenographers, typists_and clerks; plus the cost of customary and statutory
benefits including, but not limited to, social security contributions, unemployment, excise and
payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto; plus operating margin or profit, non -project
operating costs, and all general and administrative overhead costs, including but not limited to,
furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection
with the PROJECT for printing and reproduction costs and ENGINEER's consultant charges.
Any and all expenditures for reimbursable expenses must be approved by the CITY OF
FAYETTEVILLE prior to rendering or obtaining same. Overtime salary costs are not
considered Reimbursable Expenses.
APPENDIX `A-2' — Compensation A-2-2 Kitty Creek Sanitary Sewer
Relocation/Rehabilitation
+!5'±§)
B
m | a88a■m
tR
_
dp(
!
��\
88`
`
■
it
#
i�
a\
k�
-
2
tale!§|
�
■%R
,gym
� )
°
a�
-
$�
■
!
!
{
\
-
{
!
!
_
Ǥ_
M
22-
/
I
�j ffft
IS
LLJ
Is N Ip� *
fkalam. 44 twr
Or
'V)N IeL:
VOY
CJS
uk 017--
E
0.
-T, E-
77
SHEP 2if
Maor
A
"T
br
z < op.
L)
0
"Kitty Creek"
ORQ A P
R ;T
Sanitary Sewer RMDAVE,F)
R. PRiVAT %)
3
r
oe
4 x
dh
04
311
UGO
5! ElAS', INC LIli
2,62
Q E,JOYCE SM),
to
All -
'Al
"I
R IVA VE 2049
7A
0'
"E'CRO s
-E
. 'L. - S - 1
'T � i . 1;
S �OLLOW Ltj�TQFF
q
Le
'A
800 400 0 800 Feet