HomeMy WebLinkAbout205-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 205-17
File Number: 2017-0500
MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS,
INC. IN THE AMOUNT OF $107,144.55 FOR ENGINEERING SERVICES ASSOCIATED WITH
UTILITY RELOCATIONS ALONG HIGHWAY 16 BETWEN COLLEGE AVENUE AND
HUNTSVILLE ROAD REQUIRED FOR ARKANSAS DEPARTMENT OF TRANSPORTATION JOB
040579, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,714.45
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 $107,144.55 for engineering services associated
with utility relocations along Highway 16 from College Avenue required for Arkansas Department of
Transportation Job 040579, and further approves a project contingency in the amount of $10,714.45.
PASSED and APPROVED on 10/3/2017
Attest:
Sondra E. Smith, City Clerk Treas' �%Mttrrl)11111r
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Page 1 Printed on 1014117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0500
Agenda Date: 10/3/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 11
MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. IN THE AMOUNT OF $107,144.55 FOR ENGINEERING SERVICES
ASSOCIATED WITH UTILITY RELOCATIONS ALONG HIGHWAY 16 BETWEN COLLEGE
AVENUE AND HUNTSVILLE ROAD REQUIRED FOR ARKANSAS DEPARTMENT OF
TRANSPORTATION JOB 040579, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $10,714.45
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 $107,144.55 for engineering services associated with
utility relocations along Highway 16 from College Avenue required for Arkansas Department of Transportation
Job 040579, and further approves a project contingency in the amount of $10,714.45.
City of Fayetteville, Arkansas Page 1 Printed on 10/412017
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2017-0500
Legistar File ID
10/3/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/11/2017 Utilities Director /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
A RESOLUTION APPROVING AN AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR
ENGINEERING SERVICES RELATED TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION (ARDOT) JOB 040579,
HWY 16 UTILITY RELOCATIONS FROM COLLEGE AVENUE TO HUNTSVILLE ROAD, IN THE NOT -TO -EXCEED AMOUNT
OF $107,144.55, AND APPROVING A CONTINGENCY IN THE AMOUNT OF $10,714.45 FOR A TOTAL COST OF
$117,859.00
Budget Impact:
5400.720.5600-5314.00
Water and Sewer
Account Number Fund
11011.1 Water/Sewer Relocations - Bond Projects
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 3,499,149.00
$ 2,938,262.75
$ 560,886.25
$ 117,859.00
$ 443,027.25
Approval Date:
V20140710
CITY OF
JjrFAYETTEVILLE
.., ARKANSAS
MEETING OF OCTOBER 3, 2017
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
Water & Sewer Committee, September 12, 2017 meeting
FROM: Tim Nyander, Utilities Director
DATE: August 31, 2017
SUBJECT: Approval of the engineering contract and contract contingency with McClelland
Consulting Engineers (MCE) Inc. for professional engineering services
associated with the water and sanitary sewer relocations for ARDOT (formerly
AHTD) Highway 16 (15th Street) from College to Huntsville, Project 040579
RECOMMENDATION:
Fayetteville City Staff recommends approval of (1) the engineering contract with McClelland
Consulting Engineers (MCE) Inc. in the not to exceed amount of $107,144.55 and (2) an
engineering contract contingency of $10,714.45. The total request for this Agenda item is
$117,859.00.
BACKGROUND
The Arkansas Department of Transportation has requested utility relocations to prepare for the
widening of Highway 16 (15th Street) from College to Huntsville (Please refer to attached plan
cover page).
The water and sanitary sewer relocations for Highway 16 (15th Street) from College to
Huntsville, ARDOT Project 040579, are estimated to cost approximately $1,200,000.00 to
$1,500,000.00. The relocations are estimated to be 58% reimbursable to the City of
Fayetteville by ARDOT.
The estimate and the predesign reimbursement percentage are estimates only. Final
reimbursement percentages will be will be approved the State (ARDOT) prior to construction.
The proposed engineering contract with MCE includes surveying, design, SWPPP and
bidding. Construction administration services may be negotiated in a future contract
amendment.
DISCUSSION:
The City's present workload would be prohibitive to perform the necessary preliminary
engineering and meet the project schedule.
McClelland Consulting Engineers, Inc. (MCE) was selected for this task in a formal
engineering selection committee meeting on July 26, 2017, City of Fayetteville RFQ 17-01,
Engineer and
Mailing Address:
113 W. Mountain Street wvvw.fayetteville-ar.gov
Fayetteville, AR 72701
Architect - Selection #3. The contract scope and the not to exceed costs were negotiated by
City Utilities staff.
BUDGET/STAFF IMPACT:
Funds are available within the Water/Sewer Relocations — Bond Project.
Attachments:
Agreement with MCE
Cover Page - ARDOT Plan
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road. AHTD Job 040579.
THIS AGREEMENT is made as of ��-pbe� 3 , 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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road
A-1
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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A-3
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $107,144.55.
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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A-4
5.5
5.5.1
Final Payment
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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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;
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
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.
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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
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A-11
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.
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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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A — 13
7.2 Remedies
T2.1 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:
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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.
ATTEST:
By; �`��i-[� h•l;R�` firmer
City Clerk
•
� y
FAYETf EVILI.i-M ;
McClelIand ConsultingEngineers, Inc. fYr,•�'' �,P;•' ,•`
k'A N
13y: frrif �UNdo
Daniel Bames, P.E.
Title: President, Fayetteville
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A— 17
APPENDIX A — SCOPE OF SERVICES
1.1 General
Generally, the scope of services includes design surveys along the Highway 16 corridor from the vicinity
of the west side of College Avenue to the vicinity of the east side of Huntsville Road, as defined by
ARDOT'S Job No. 040579 for widening this segment of Highway 16. ARDOT is also including
improvements at the intersection of Highway 16 and Highway 71B (S School Ave) in Job No. 040579.
Surveys will be limited to those areas where existing and new water and sewer facilities must be
coordinated with ARDOT highway improvement plans. Preliminary and Final Design services related to
water and sewer improvements within the limits outlined above shall be completed. The design work
shall cover approximately 1,300 linear feet of 8 -inch water main (may be replaced with a 12 -inch line) on
the south side of Hwy 16 from College Avenue to South Washington Avenue; approximately 4,000 linear
feet of 12 -inch waterline along the north side of Hwy 16 from Washington Avenue to the vicinity of
South Armstrong Avenue; realignment of the 24 -inch water line that crosses Hwy 16 in the vicinity of
Morningside Drive; realignment of approximately 750 linear feet of 12 -inch line on the east side of Hwy
16 from South Armstrong Street to the vicinity of East Fairlane Street; four sanitary sewer crossings
between College Avenue and South Armstrong Avenue that will need encasement extensions; 750 linear
feet of 12 -inch sanitary sewer main in Hwy 16 from South Armstrong Street to the vicinity of East
Fairlane Street which should not require relocation; and approximately 100 linear feet of 8 -inch
waterline on the east side of Highway 71B at Highway 16. Design services shall also include necessary
water and sewer interconnections and replacements, water meter replacements, manhole rim
adjustments and related work as necessary to accommodate the 8 -inch, 12 -inch and 24 -inch water main
design as well as the ARDOT College Ave. — Huntsville Road Job No. 040579 widening plans.
Approximately 150 feet of 24 -inch, 4,000 feet of 12 -inch and 1,400 feet of 8 -inch water main is
anticipated.
1.2 Design Surveys, Preliminary Design, Final Design and Bidding Services
1.2.1 Design Surveys
MCE will complete design surveys as necessary to locate existing water and sewer facilities and
to locate other existing utilities that are marked by One -Call services in areas required to
accommodate the ARDOT widening plans along Hwy 16 from College Avenue to Huntsville Road.
Areas where there are no water and sewer conflicts and no new water and sewer facilities are
required will not be surveyed. MCE shall rely on the Fayetteville water and sewer GIS
information for general utility locations and on Fayetteville's personnel marking water and
sewer facilities during the one call process for design survey locations.
1.2.2 Preliminary Design
Preliminary plans shall be submitted to the City of Fayetteville for the purpose of confirming the
final design scope of work, including the extent of new water and sewer mains, the location of
interconnections, coordination issues with the highway plans, preliminary easement
requirements, anticipated right of way conflicts, and a preliminary estimate of construction
Appendix A — Scope of Services Page 1 of 4
costs. The preliminary plans shall include illustrating the proposed work on the Highway
Department plans, with minimal profile information.
1.2.3 Final Design
Based on review comments from Preliminary Design the Final Design and Project Specifications
shall be completed, including plans, profiles, details, ARDOT coordination issues, final estimated
construction costs, easement requirements and related documents as necessary to obtain
approvals by the City of Fayetteville, the Arkansas Department of Health and the Arkansas
Highway and Transportation Department. Once it is evident that the Final Design deliverables
shall include:
1. Two full sized sets of plans and project specifications, as well as cost estimates for the city
of Fayetteville.
2. Six full sized sets of plans and cost estimates for ARDOT.
3. Two full sized sets of plans and specifications for the Health Department.
4. A summary of easement requirements for the City of Fayetteville.
1.2.4 Bidding Phase
MCE shall assist the City of Fayetteville with an Advertisement for Bids, issue plans and
specifications to Plan Rooms, assist in addressing bidders' questions, issue Addenda as
authorized by the City of Fayetteville, attend the bid opening and prepare Bid Tabulation with
an award recommendation. In addition, MCE shall prepare a summary of the project costs and
the estimated ARDOT reimbursement value based on the actual bid prices.
1.3 Property Surveys, Property Mapping, Easement Mapping and Easement Preparation Services.
1.3.1 Property Surveys
MCE shall rely on the ARDOT Highway 16 right of way plans, the ARDOT ownership map and
Fayetteville easement information for the initial evaluation of easement requirements. Based on
those sources of information, an initial map of easements needs will be submitted to the City of
Fayetteville. Upon City of Fayetteville's concurrence, property surveys as necessary to confirm
property lines needed for the easement preparation process will be completed. The property
survey process shall include verification of current property ownership/current property legal
descriptions based on courthouse records.
1.3.2 Property Mapping
The ARDOT property maps shall be updated/modified based on any changes determined during
the property survey process and property ownership verification process.
1.3.3 Easement Mapping
The easement maps obtained from Fayetteville atlas sheets shall be updated as needed to
reflect more current existing easement records, as provided by City of Fayetteville personnel, in
Appendix A —Scope of Services Page 2 of 4
areas where the exact location of existing easements has an impact on the project plans as
necessary to illustrate to the bidders and construction contractor the limits of their authorized
work areas.
1.3.4 Easement Preparation Services
For those areas identified and subsequently approved by the City of Fayetteville, individual
easement legal descriptions and tract maps will be prepared in accordance with the criteria
established by the City of Fayetteville, generally in accordance with documents prepared on
previous projects. It is anticipated that as many as 20 new easement documents may be
required and as many as 4 of these documents may require revisions based changes by ARDOT
or the City of Fayetteville.
1.4 Storm Water Pollution Prevention Plan Services
A Storm Water Pollution Prevention Plan shall be completed at the end of the design phase, to
conform to the design documents and ARDOT criteria, and to further be acceptable to the City
of Fayetteville.
1.5 Geotechnical Services
The scope of Geotechnical Services will be added with a future amendment to this agreement.
1.6 Construction Phase Services
The scope of Construction Phase Services will be added with a future amendment to this
agreement.
1.7 Extra Work
The following items are not included under this agreement but will be considered as extra work:
1. Redesign for the City's convenience or due to changed conditions after prior approval or
conflicting direction from the City or from ARDOT.
2. Submittals or deliverables in addition to those listed in paragraph 2.2.3.
3. Environmental Assessment.
4. Work related to environmentally or historically (culturally) significant items.
Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as agreed upon
by the City of Fayetteville and MCE.
Appendix A — Scope of Services Page 3 of 4
1.8 Schedule
MCE will begin work under this Agreement within ten (10) days of a Notice to Proceed and will complete
the work in accordance with the schedule below:
Phase Description
Calendar Days
Design Survey
30 days from start date
Draft Preliminary Design
60 days from completion of Design Surveys
Preliminary Design Review
10 days from Preliminary Design Submittal
Final Design
90 days from Preliminary Design Review
Final Design Approval
20 days from Final Design Submittal
Easement Preparation
60 days from Final Design Approval
Bidding Phase
75 days from Final Design Approval
Storm Water Pollution Prevention Plan
Concurrent with Easement Preparation
Appendix A — Scope of Services Page 4 of 4
Appendix B-1 Fee Proposal
Appendix B-1
Design Surveys, Preliminary Design,
Final Design, SWPPP Servies and Bidding Assistance
In Conjunction with the Highway 16 Water and Sewer Relocation
AHTD Job No. 040579
Fayetteville, Arkansas
Manhours
Labor Classification
Time/Hours
Labor Rate
Extended
Principal Engineer
60.00
$65.00
$3,900.00
Sr Project Manager V
186.00
$60.00
$11,160.00
Project Designer III
182.00
$35.00
$6,370.00
Chief Draftsman
164.00
$24.00
$3,936.00
Survey Tech. II
40.00
$22.00
$880.00
Reg. Land Surveyor IV
28.00
$36.50
$1,022.00
Field Survey 1 -Man
78.00
$27.00
$2,106.00
'Office Admin
18.00
$21.50
$387.00
Direct Labor Subtotal
$29,761.00
Overhead 164.03%
$48,816.97
Subtotal
$78,577.97
Fixed Fee
$9,429.36
FCCM 0.09%
$26.78
Subtotal Labor Costs
$88,034.11
EXPENSES
Estimated Reimbursable Expenses
Amount
Mileage
$150.00
,ArkUps
$2,500.00
Printing
$500.00
ADH Review Fee
$500.00
Total Estimated Reimbursable Expenses
$3,650.00
Total Costs - Design Surveys, Preliminary Design, Final Design, Bidding
Phase, and SWPPP Services $91,684.11
Appendix B-2 Fee Proposal
Appendix B-2
Property Surveys, Property Mapping, Easement Mapping and Easement Preparation Services
In Conjunction with the Highway 16 Water and Sewer Relocation
AHTD Job No. 040579
Fayetteville, Arkansas
Manhours
Labor Classification
Time/Hours I Labor Rate
Extended
Survey Tech. II
113.00 $22.00
$2,486.00
Reg. Land Surveyor IV
35.00 $36.50
$1,277.50
Field Survey 1 -Man
16.00 $27.00
$432.00
Direct Labor Subtotal $4,195.50
Overhead 164.03% $6,881.88
Subtotal $11,077.38
Fixed Fee $1,329.29
FCCM 0.09% $3.78
Subtotal Labor Costs $12,410.44
EXPENSES
Estimated Reimbursable Expenses
Amount
Mileage
$50.00
Printing
$500.00
Easement Search - $125 per parcel - 20 parcels
$2,500.00
Total Estimated Reimbursable Expenses
$3,050.00
Total Costs - Property Surveys, Property Mapping, Easement Mapping and
$15,460.44
Easement Preparation Services
2
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ARDOT-McClelland Consulting Engineers,Inc.
HIGHWAY 16 IMPROVEMENTS-COLLEGE AVE.TO HUNTSVILLE RD
City of Fayetteville Staff Review Form
2017-0673
Legistar File ID
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Tim Nyander 11/16/2017 Water&Sewer Maintenance/
Utilities Department
Submitted By Submitted Date Division/Department
Action Recommendation:
Fayetteville City Staff recommends the approval and signatures (please sign but do not date) for the attached
"ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY-UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING
SERVICES."
Budget Impact:
N/A N/A
• Account Number • Fund
N/A N/A
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance $ -
Does item have a cost? NA Item Cost $ -
Budget Adjustment Attached? NA Budget Adjustment $ -
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution# 205-17
Original Contract Number: Approval Date: I k Qa�
Comments:
CITY OF
FAYETTEVILLE STAFF MEMO
tar ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: November 15, 2017
SUBJECT: Approval and signature for the attached "ARKANSAS STATE HIGHWAY
COMMISSION HIGHWAY-UTILITY AGREEMENT FOR PRELIMINARY
ENGINEERING SERVICES" ARDOT Highway 16 (15th Street)from College to
Huntsville, Project 040579
RECOMMENDATION:
Fayetteville City Staff recommends the approval and signatures (please sign but do not date)
for the attached "ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY-UTILITY
AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES."
BACKGROUND
The Arkansas Department of Transportation (ARDOT), formerly AHTD, has requested utility
relocations for the widening of Highway 16 (15th Street) from College Ave. to Huntsville Rd. On
October 3, 2017, the City Council approved the Engineering Design contract with McClelland
Consulting Engineers, Inc. by Resolution 205-17 (attached).
DISCUSSION:
ARDOT requires that the City sign (but not date) the attached Utility Agreement for Preliminary
Engineering services so that the City is eligible to negotiate the reimbursable portion of the
contract after the design is complete. The not-to-exceed amount ($91,157.33) in the attached
Agreement is less than the City's Contract with McClelland ($107,144.55). The difference, per
ARDOT, should generally be included in the future Reimbursement Agreement between
ARDOT and the City.
The water and sanitary sewer relocations for Highway 16 (15th Street) from College to
Huntsville, ARDOT Project 040579, are estimated to cost approximately $1,200,000.00 to
$1,500,000.00. The relocations are estimated to be 58% reimbursable to the City of Fayetteville
by ARDOT.
BUDGET/STAFF IMPACT:
None
Attachments:
Agreement
Resolution 205-17
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
•
_ ARKANSAS DEPARTMENT OF TRANSPORTATION
Da
ARDOT.gov I IDriveArkansas.com I Scott E.Bennett,P.E.,Director
RIGHT OF WAY DIVISION
ARKANSAS DEPARTMENT 10324 Interstate 30 I P.O.Box 2261 I little Rock,AR 72203-2261
OF TRANSPORTATION Phone:5015692311 I Fax:5015692018 I Toll Free:877.569.0120
December 1,2017
Mr.Jim Beavers
City of Fayetteville
113 W.Mountain St.
Fayetteville,AR 72701
PRELIMINARY ENGINEERING
WORK ORDER RE: Job 040486(Utilities)
Job 040579(Construction)
Washington County
Dear Mr. Beavers:
Enclosed is the Preliminary Engineering Agreement approved on December 1,2017,with supporting
papers covering eligible reimbursement for engineering services to be performed by McClelland
Consulting Engineers,LLC. We are sending a copy of this letter and agreement to the consultant.
You should authorize the consultant to proceed with the engineering work. We need the estimate and
plans by June 1,2018.If reimbursement is being sought,materials used are to be in compliance with Buy
America provision under guidelines of 23 U.S.C.313 and CFR 635.410.
If your consultant should need field assistance,please contact the Resident Engineer: Bashar Qedan,3256
Hwy. 112,Fayetteville,AR 72703,telephone 479-251-9266.
Sincerely,
Keith Mashburn
Utility Coordinator
Utilities Section
Right of Way Division
Enclosures
Cc: McClelland Engrs.-Nick Batker
"C"File
"U"File
District Engineers W/Enclosures
Resident Engineers W/Enclosures#43
Job FilesUob i\Utitity1Work Order Revised August 8,2017
Rev.08/07/2017
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY-UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES
Job No 040486 (Utilities) FAP No. STP-9142(23)
040579 (Const.)
Job Location College Ave.- Utility Owner City of Fayetteville
Huntsville Rd. (Sel. Secs.)
(Fayetteville)(S)
Route 16 Section 3 Consultant McClelland Consulting
County Washington Engineers, LLC
THIS AGREEMENT, made and entered into this J— day of Dem bar,
20 '1 , by and between the Arkansas State Highway Commission, acting by and
through the duly authorized representatives of the Arkansas Department of Transportation,
with headquarters at Little Rock,Arkansas, hereinafter referred to as the "Department"
and the City of Fayetteville acting by and through its duly authorized representatives,
hereinafter referred to as the "Owner"WITNESSETH:
•
(1). The Department proposes to make highway improvements and the Owner
is required to adjust or relocate its facilities,as necessary, to clear highwayconstruction.
(2) The Owner is not adequately staffed to carry out the necessary preliminary
engineering and has requested the services of the licensed engineering company of
McClelland Consulting Engineers, LLC to perform the following services.
(a) Make all necessary field surveys and investigations and subsequently
prepare complete plans, estimate of costs,and construction specifications.
(b) Furnish four (4) copies of plans, specifications, etc. for Department
review and approval.
(c) If construction work is to be performed by other than Owner's forces, •
prepare all necessary documents to secure bids and let a contract for the
proposed work.
(d) Conduct bid opening and complete contract documents.
Page 1 of 3
Rev.08/07/2017 Job 040486
City of Fayetteville
(3) The Owner has entered into a contract with the consultant, subject to
the Department's approval, and has furnished a copy which is attached and made
part of this agreement. The estimated costs are not to exceed $91,157.33.
(4a) The cost of preliminary engineering services shall be eligible for
reimbursement from the Department at the same ratio as the adjustment of Owner's
facilities are eligible.
(4b) Owner agrees to retain cost records and accounts for inspection and audit
for a period of three (3) years from the date of final payment.
(5) The consultant shall begin work 10 calendar days after receiving written
authorization from Owner and complete 190 calendar days thereafter.
(6) The Department may suspend or cancel the work under this contract at
any time. Reimbursement will be made, in a proportionate amount, for any services
performed by the consultant prior to the receipt, by the Owner, of written notice of
cancellation.
(7) Owner shall be responsible for any and all hazards to persons, property,
and traffic. With respect to traffic control, owner shall adhere to the requirements of
the Manual of Uniform Traffic Control Devices, as amended and supplemented.
(8) This agreement is governed by all applicable State and Federal laws, rules,
and regulations including the Arkansas State Highway Commission Utility
Accommodation Policy adopted by Commission Minute Order 2010-146 as amended
and supplemented, the Federal Aid Program Guide on Utility Adjustments and
Accommodation on Federal Aid Highway Projects as amended and supplemented, and
the provisions of 23 CFR § 645 as amended and supplemented.
(9) To the extent applicable to this agreement, the Owner shall comply with
the Buy America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410).
The Owner is not required to change its existing standards for materials as long as the
Buy America requirements are met. Buy America requirements take precedence over
regulations pertaining to the accommodation or regulation of the Owner's facilities (as
specified in 23 CFR 645) on contracts and agreements involving Federal-Aid Highway
Program funding and precedence over regulations which allow the Owner to furnish
materials from company stock (as specified on 23 CFR 645.117(e)). Company Stock
materials that do not meet Buy America requirements may not be permanently
incorporated into a Federal-Aid Highway Program funded project. The Owner must
provide a definitive statement that all products permanently incorporated into the project
are covered under the Buy America requirements. This requirement is fulfilled via
proper signature and submission of the statement of charges form. In some
circumstances, a waiver of the Buy America requirements may be granted by the
Federal Highway Administration, to be determined on a project-by-project basis.
Page 2 of 3
r .
Rev.08/07/2017 Job ��f86' -de
ail A
•
(10) Subject to the terms and conditions herein, neither the Owner nor the
Department by execution of this agreement waives or relinquishes any rights which
either may legally have within the limits of the law or constitution either State or Federal.
City of Fayetteville ARKANSAS HIGHWAY COMMISSION
Acting By and Through The
ARKANSAS DEPARTMENT of
TRAN . k
LiMd J orhan f�r- ..•
411.
Name(Typed or Printed) (For) Director Allr
Title Ilkik
� Rightp a Divisionawl;
,,
S'• -tur• 0,' Section Head-Utilities Section •
X11 gildtha„,
FEDERAL TAXPAYER IDENTIFICATION#
Name(Typed or Printed)
. 016 `TreagMA,reY •
Title •
Signature ' •
:•G\-(Y CF'.6.41• • S
13s
FAYETfEVILLE:}=
•
9'gRKANS.•J=:
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•
•
Page 3 of 3
Rev.08/07/2017 Job
•
(10) Subject to the terms and conditions herein, neither the Owner nor the
Department by execution of.this agreement waives or relinquishes any rights which
either may legally have within the limits of the law or constitution either State or Federal.
City of Fayetteville ARKANSAS HIGHWAY COMMISSION
Acting By and Through The
ARKANSAS DEPARTMENT of
TRANSPORTATION
Lr\ d Jocdai
Name (Typed or Printed) (For) Director
11 � :rI► _
Title _ / / Right of Way Division Head
S'•►.tur• Section Head-Utilities Section
rl 40K+(0D---,
FEDERAL TAXPAYER IDENTIFICATION #
301-16StkE 8M 4k
Name (Typed or Printed)
0-i 0 le H< `rre�g�re�
Title
/
Signature ' •
` 0„\l,I TR6-4 It
•• •° O i
:74._• •
=v�FAYETTEVILLE;
s •°•...••G .
Page 3 of 3
O�,,Fn4,f1Ff.
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•
113 West Mountain Street
Fayetteville,AR 72701
. (479)575-8323
Resolution: 205-17
File Number: 2017-0500 • .
. . '. ) . •1
.
MCCLELLAND CONSULTING ENGINEERS, INC.:
• i
A.RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS,
i INC. IN THE AMOUNT OF $107,144.55 FOR ENGINEERING SERVICES ASSOCIATED WITH
UTILITY RELOCATIONS ALONG HIGHWAY 16 BETWEN COLLEGE AVENUE AND
HUNTSVILLE ROAD REQUIRED FOR ARKANSAS DEPARTMENT OF TRANSPORTATION JOB
040579, AND TO APPROVE A PROJECT CONTINGENCY 1N THE AMOUNT OF$10,714.45 '
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
i
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby'app'roves a contract with
McClelland Consulting Engineers, Inc. in the amount of$107,144.55 for engineering services associated
with utility relocations along.Highway 16 from College Avenue required for Arkansas Department of •
Transportation Job 040579,and further approves a project contingency in the amount of$10,714.45.
PASSED and APPROVED on 10/3/2017
•
•
•
Approved: Attest:
r
A 4 ii° .. Lk 6.. Lt4.4(
Lior'e f Jor-,an, ' for• Sondra E.Smith,City Clerk Treastirgcttlii'ill,
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City of Fayetteville, Arkansas;N;��G••S�,k, 113 West Mountain Street
: Y�. . Fayetteville,AR 72701
s .t„"" (479)575-8323
nl Text File
File Number: 2017-0500
Agenda Date: 10/3/2017 Version: 1 Status:Passed
In Control:City Council Meeting File Type:Resolution
Agenda Number:A. 11
MCCLELLAND CONSULTING ENGINEERS,INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. IN THE AMOUNT OF $107,144.55 FOR ENGINEERING SERVICES
ASSOCIATED WITH UTILITY RELOCATIONS ALONG HIGHWAY 16 BETWEN COLLEGE
AVENUE AND HUNTSVILLE ROAD REQUIRED FOR ARKANSAS DEPARTMENT OF
TRANSPORTATION JOB 040579, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF$10,714.45
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 $107,144.55 for engineering services associated with
utility relocations along Highway 16 from College Avenue required for Arkansas Department of Transportation
Job 040579,and further approves a project contingency in the amount of$10,714.45.
City of Fayetteville,Arkansas Page 1 Printed on 10/4/2017
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City of Fayetteville Staff Review Form
2017-0500
Legistar File ID
10/3/2017
• City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Utilities Director/
Tim Nyander 9/11/2017
Utilities Department
Submitted By Submitted Date Division/Department
Action Recommendation:
A RESOLUTION APPROVING AN AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR
ENGINEERING SERVICES RELATED TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION (ARDOT) JOB 040579, .
HWY 16 UTILITY RELOCATIONS FROM COLLEGE AVENUE TO HUNTSVILLE ROAD, IN THE NOT-TO-EXCEED AMOUNT
OF $107,144.55, AND APPROVING A CONTINGENCY IN THE AMOUNT OF $10,714.45 FOR A TOTAL COST OF
$117,859.00
• Budget Impact:
5400.720.5600-5314.00 Water and Sewer
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Account Number ' • Fund
11011.1 Water/Sewer Relocations-Bond Projects
Project Number Project Title
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Budgeted Item? , Yes Current Budget $ 3,499,149.00
Funds Obligated $ 2,938,262.75
Current Balance $ 560,886.25
Does item have a cost? Yes Item Cost $ 117,859.00
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget $ 443,027.25
V20140710
Previous Ordinance or Resolution#
Original Contract Number: Approval Date:
Comments:
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CITY OF
4�4 --I FAYETTEVILLE CITY COUNCIL MEMO
ARKANSAS
MEETING OF OCTOBER 3, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water& Sewer Committee, September 12, 2017 meeting
FROM: Tim Nyander, Utilities Director
DATE: ' August 31, 2017
SUBJECT: Approval of the engineering contract and contract contingency with McClelland
Consulting Engineers (MCE) Inc. for professional engineering services
associated with the water and sanitary sewer relocations for ARDOT (formerly
AHTD) Highway 16 (15th Street)from College to Huntsville, Project 040579
RECOMMENDATION:
Fayetteville City Staff recommends approval of (1) the engineering contract with McClelland
Consulting Engineers (MCE) Inc. in the not to exceed amount of $107,144.55 and (2) an
engineering contract contingency of $10,714.45. The total request for this Agenda item is
$117,859.00.
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BACKGROUND •
The Arkansas Department of Transportation has requested utility relocations to prepare for the
widening of Highway 16 (15th Street)from College to Huntsville (Please refer to attached plan
cover page).
The water and sanitary sewer relocations for Highway 16 (15th Street) from College to
Huntsville, ARDOT Project 040579, are estimated to cost approximately $1,200,000.00 to
$1,500,000.00. The relocations are estimated to be 58% reimbursable to the City of.
Fayetteville by ARDOT.
The estimate and the predesign reimbursement percentage are estimates only. Final
reimbursement percentages will be will be approved the State(ARDOT) prior to construction.
The proposed engineering contract with MCE includes surveying, design, SWPPP and
bidding. Construction administration services may be negotiated in a future contract
amendment.
DISCUSSION:
The City's present workload would be prohibitive to perform the necessary preliminary
engineering and meet the project schedule.
McClelland Consulting Engineers, Inc. (MCE) was selected for this task in a formal
engineering selection committee meeting on July 26, 2017, City of Fayetteville RFQ 17-01,
Engineer and
Mailing Address:
113 W.Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
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Architect-Selection#3. The contract scope and the not to exceed costs were negotiated by
City Utilities staff.
BUDGET/STAFF IMPACT:
Funds are available within the Water/Sewer Relocations—Bond Project.
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Attachments:
Agreement with MCE
Cover Page-ARDOT Plan
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE,ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS,INC.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road. AHTD Job 040579.
THIS AGREEMENT is made as of Ole-pbc( 3 ,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 perfonned 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 he executed under the observation
of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code
Amended §22-9-101.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road
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• SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of
• CITY OF FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments 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
rt FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that
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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. •
Hwy 16 Utility Relocation froni College Avenue to Huntsville Road • 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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A -3
,SECTION 5- PAYMENTS TO ENGINEER
5.1 The maximum not-to-exceed amount authorized for this Agreement is$107,144.55.
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.
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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 arid 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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A—4
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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 he 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:
"Pyne of Coverage • Limits oiLiabil.iiy
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
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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.
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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
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A—6
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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.
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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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
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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
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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.
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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.
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6.5.7 lf, 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 he deemed to have been for the convenience of CITY OF
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A—8
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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;
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A—9
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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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A—10
6.11 Indemnification
6.1 1.1 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.
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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
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A—11
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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A—12
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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
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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.
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A—13
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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 FAYETTEVILL.E 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.
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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:
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Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
• Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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
Hwy 16 Utility Relocation from College Avenue to Huntsville Road 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.
CITY OF FAYF,TTEVILLE ARKANSAS
/
By 'moi&.,. tom,.
•
IV • or, oneldor
•
Al1L-I-IST: 44,,,ez. °illutttttri,
MA.i TR4-1/4
City Clerk , C, '
-". .;ate
FAYFY1 EVILLE..; _ •
McClelland Consulting Engineers,Inc. ':;;;Y,7.'6'k7'�N`�P'
•_.4`
Daniel Barnes,P.E. -
Title: President,Fayetteville
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
t
Hwy 16 Utility Relocation from College Avenue to Huntsville Road A_17
•
•
APPENDIX A—SCOPE OF SERVICES
1.1 General •
•Generally,the scope of services includes design surveys along the Highway 16 corridor from the vicinity
of the west side of College Avenue to the vicinity of the east side of Huntsville Road,as defined by
ARDOT'S Job No.040579 for widening this segment of Highway 16.ARDOT is also including
improvements at the intersection of Highway 16 and Highway 71B(S School Ave)in Job No.040579.
Surveys will be limited to those areas where existing and new water and sewer facilities must be
coordinated with ARDOT highway improvement plans. Preliminary and Final Design services related to
water and sewer improvements within the limits outlined above shall be completed.The design work
shall cover approximately 1,300 linear feet of 8-inch water main(may be replaced with a 12-inch line)on
the south side of Hwy 16 from College Avenue to South Washington Avenue;approximately 4,000 linear
feet of 12-inch waterline along the north side of Hwy 16 from Washington Avenue to the vicinity of
South Armstrong Avenue; realignment of the 24-inch water line that crosses Hwy 16 in the vicinity of
Morningside Drive; realignment of approximately 750 linear feet of 12-inch line on the east side of Hwy
•
• 16 from South Armstrong Street to the vicinity of East Fairlane Street;four sanitary sewer crossings
•
between College Avenue and.South Armstrong Avenue that will need encasement extensions;750 linear
feet of 12-inch sanitary sewer main in Hwy 16 from South Armstrong Street to the vicinity of East
Fairlane Street which should not require relocation;and approximately 100 linear feet of 8-inch
waterline on the east side of Highway 71B at Highway 16.Design services shall also include necessary
water and sewer interconnections and replacements,water meter replacements,manhole rim
adjustments and related work as necessary to accommodate the 8-inch, 12-inch and 24-inch water main
• design as well as the ARDOT College Ave.—Huntsville Road,Job No.040579 widening plans.
Approximately 150 feet of 24-inch,4,000 feet of 12-inch and 1,400 feet of 8-inch water main is
anticipated.
1.2 Design Surveys, Preliminary Design,Final Design and Bidding Services
1.2.1 Design Surveys
MCE will complete design surveys as necessary to locate existing water and sewer facilities and
to locate other existing utilities that are marked by One-Call services in areas required to
accommodate the ARDOT widening plans along Hwy 16 from College Avenue to Huntsville Road.
Areas where there are no water and sewer conflicts and no new water and sewer facilities are
required will not be surveyed. MCE shall rely on the Fayetteville water and sewer GIS
information for general utility locations and on Fayetteville's personnel marking water and
sewer facilities during the one call process for design survey locations.
1.2.2 Preliminary Design
Preliminary plans shall be submitted to the City of Fayetteville for the purpose of confirming the
final design scope of work,including the extent of new water and sewer mains,the location of
interconnections,coordination issues with the highway plans, preliminary easement
requirements,anticipated right of way conflicts,and a preliminary estimate of construction
Appendix A—Scope of Services Page 1 of 4
•
costs.The preliminary plans shall include illustrating the proposed work on the Highway
Department plans,with minimal profile information.
1.2.3 Final Design
Based on review comments from Preliminary Design the Final Design and Project Specifications
shall be completed, including plans,profiles,details,ARDOT coordination issues,final estimated
construction costs,easement requirements and related documents as necessary to obtain
approvals by the City of Fayetteville,the Arkansas Department of Health and the Arkansas
Highway and Transportation Department.Once it is evident that the Final Design deliverables
shall include:
1. Two full sized sets of plans and project specifications,as well as cost estimates for the city
of Fayetteville.
2. Six full sized sets of plans and cost estimates for ARDOT.
3. Two full sized sets of plans and specifications for the Health Department.
4. A summary of easement requirements for the City of Fayetteville.
1.2.4 Bidding Phase
MCE shall assist the City of Fayetteville with an Advertisement for Bids,issue plans and
specifications to Plan Rooms,assist in addressing bidders'questions,issue Addenda as
authorized by the City of Fayetteville,attend the bid opening and prepare Bid Tabulation with
an award recommendation. In addition,MCE shall prepare a summary of the project costs and
the estimated ARDOT reimbursement value based on the actual bid prices. •
1.3 Property Surveys,Property Mapping,Easement Mapping and Easement Preparation Services.
1.3.1 Property Surveys
•
MCE shall rely on the ARDOT Highway 16 right of way plans,the ARDOT ownership map and
Fayetteville easement information for the initial evaluation of easement requirements. Based on
those sources of information, an initial map of easements needs will be submitted to the City of
Fayetteville. Upon City of Fayetteville's concurrence,property surveys as necessary to confirm
property lines needed for the easement preparation process will be completed.The property
survey process shall include verification of current property ownership/current property legal
descriptions based on courthouse records.
1.3.2 Property Mapping
The ARDOT property maps shall be updated/modified based on any changes determined during
the property survey process and property ownership verification process.
1.3.3 Easement Mapping
The easement maps obtained from Fayetteville atlas sheets shall be updated as needed to
reflect more current existing easement records,as provided by City of Fayetteville personnel, in
Appendix A—Scope of Services Page 2 of 4
•
areas where the exact location of existing easements has an impact on the project plans as
necessary to illustrate to the bidders and construction contractor the limits of their authorized
work areas.
•
1.3.4 Easement Preparation Services
For those areas identified and subsequently approved by the City of Fayetteville, individual
• easement legal descriptions and tract maps will be prepared in accordance with the criteria
•
• established by the City of Fayetteville,generally in accordance with documents prepared on
previous projects.It is anticipated that as many as 20 new easement documents may be
required and as many as 4 of these documents may require revisions based changes by ARDOT
or the City of Fayetteville.
1.4 Storm Water Pollution Prevention Plan Services
A Storm Water Pollution Prevention Plan shall be completed at the end of the design phase,to
conform to the design documents and ARDOT criteria, and to further be acceptable to the City
of Fayetteville. •
1.5 Geotechnical Services
The scope of Geotechnical Services will be added with a future amendment to this agreement.
•
•
I c
1.6 Construction Phase Services
The scope'of Construction Phase Services will be added with a future amendment to this
agreement.
•
•
1.7 Extra Work
The following items are not included under this agreement but will be considered as extra work:
•
1. Redesign for the City's convenience or due to changed conditions after prior approval or
conflicting direction from the City or from ARDOT.
2.Submittals or deliverables in addition to those listed in paragraph 2.2.3.
3. Environmental Assessment.
4.Work related to environmentally or historically(culturally)significant items.
Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as agreed upon
by the City of Fayetteville and MCE.
•
Appendix A—Scope of Services Page 3 of 4
5
1.8 Schedule
MCE will begin work under this Agreement within ten(10)days of a Notice to Proceed and will complete
the work in accordance with the schedule below: •
Phase Description Calendar Days
Design Survey 30 days from start date
Draft Preliminary Design 60 days from completion of Design Surveys
Preliminary Design Review 10 days from Preliminary Design Submittal
Final Design 90 days from Preliminary Design Review
Final Design Approval 20 days from Final Design Submittal
Easement Preparation 60 days from Final Design Approval
Bidding Phase 75 days from Final Design Approval
Storm Water Pollution Prevention Plan Concurrent with Easement Preparation
•
•
Appendix A—Scope of Services Page 4 of 4
f '
•
Appendix B-1 Fee Proposal
Appendix B-1
Design Surveys, Preliminary Design,
• a Final Design,SWPPP Servies and Bidding Assistance
In Conjunction with the Highway 16 Water and Sewer Relocation
• AHTD Job No.040579
Fayetteville,Arkansas
Manhours
Labor Classification Time/Hours I Labor Rate Extended
Principal Engineer 60.00 $65.00 $3,900.00
Sr Project Manager V 186.00 $60.00 $11,160.00
Project Designer III 182.00 $35.00 $6,370.00
Chief Draftsman 164.00 $24.00 $3,936.00
Survey Tech. II 40.00 $22.00 $880.00
Reg. Land Surveyor IV 28.00 • $36.50 $1,022.00
Field Survey 1-Man 78.00 $27.00 $2,106.00
Office Admin 18.00 $21.50 $387.00
Direct Labor Subtotal $29,761.00 •
Overhead • 164.03% $48,816.97
Subtotal $78,577.97
Fixed Fee $9,429.36
FCCM 0.09%. $26.78
Subtotal Labor Costs $88,034.11
EXPENSES
• Estimated'Reimbursable:Expenses Amount
• Mileage $150.00
ArkUps $2,500.00
Printing $500.00
ADH Review Fee $500.00
Total Estimated Reimbursable Expenses $3,650.00
Total Costs-Design Surveys, Preliminary Design, Final Design, Bidding
Phase, and SWPPP Services $91,684.11
•
•
Appendix 8-2 Fee Proposal
Appendix B-2
Property Surveys,Property Mapping, Easement Mapping and Easement Preparation Services
In Conjunction with the Highway 16 Water and Sewer Relocation
•
AHTD Job No.040579
Fayetteville,Arkansas
Manhours
Labor Classification Time/Hours Labor Rate Extended
Survey Tech. II 113.00 $22.00 $2,486.00
Reg. Land Surveyor IV 35.00 $36.50 $1,277.50
Field Survey 1-Man 16.00 $27.00 $432.00
Direct Labor Subtotal $4,195.50
Overhead 164.03% $6,881.88 ••
Subtotal $11,077.38
Fixed Fee $1,329.29
FCCM 0.09% $3.78
Subtotal Labor Costs $12,410.44
EXPENSES
Estimated Reimbursable Expenses; • • •Amount •
Mileage $50.00
Printing $500.00
Easement Search-$125 per parcel-20 parcels $2,500.00
Total Estimated Reimbursable Expenses $3,050.00
Total Costs-Property Surveys, Property Mapping, Easement Mapping and
$15,460.44
Easement Preparation Services
•
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•
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