HomeMy WebLinkAbout118-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 118-18
File Number: 2018-0254
RFQ 18-01 BURNS & MCDONNELL ENGINEERING COMPANY, INC.:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ 18-01, FOR
ENGINEERING DESIGN SERVICES FOR THE WATER AND SEWER RELOCATIONS REQUIRED
BY THE ARKANSAS DEPARTMENT OF TRANSPORTATION INTERSTATE 49/WEDINGTON
DRIVE INTERCHANGE PROJECT IN THE AMOUNT OF $203,269.00, AND TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $40,653.80
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 authorizes Mayor Jordan
to sign a professional engineering services agreement with Burns & McDonnell Engineering Company,
Inc., pursuant to RFQ 18-01, for engineering design services for the water and sewer relocations required
by the Arkansas Department of Transportation Interstate 49/Wedington Drive Interchange Project, and
further approves a project contingency in the amount of $40,653.80.
PASSED and APPROVED on 6/5/2018
Attest:
L"�' 1, "� 4: � � &-
Sondra E. Smith, City Clerk Treasurer
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Page 1 Printed on 615118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
-- File Number: 2018-0254
Agenda Date: 6/5/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 2
RFQ 18-01 BURNS & MCDONNELL ENGINEERING COMPANY, INC.:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ 18-01,
FOR ENGINEERING DESIGN SERVICES FOR THE WATER AND SEWER RELOCATIONS
REQUIRED BY THE ARKANSAS DEPARTMENT OF TRANSPORTATION INTERSTATE
49/WEDINGTON DRIVE INTERCHANGE PROJECT IN THE AMOUNT OF $203,269.00, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $40,653.80
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 authorizes Mayor Jordan to sign a
professional engineering services agreement with Burns & McDonnell Engineering Company, Inc., pursuant to
RFQ 18-01, for engineering design services for the water and sewer relocations required by the Arkansas
Department of Transportation Interstate 49/Wedington Drive Interchange Project, and further approves a
project contingency in the amount of $40,653.80.
City of Fayetteville, Arkansas Page 1 Printed on 5/5/2018
City of Fayetteville Staff Review Form
2018-0254
Legistar File ID
6/5/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 5/2/2018
Submitted By Submitted Date
Action Recommendation:
WATER SEWER (720)
Division / Department
Staff recommends the approval of an engineering design contract with Burns & McDonnell Engineering
Company, Inc. for engineering design of the water and sewer relocations associated with the Arkansas
Department of Transportation Wedington/1-49 Interchange project (BB0411) in the amount of $203,269.00, and
approval of a contingency in the amount of $40,653.80 for a total of $243,922.80.
Original Contract Number:
Comments:
Budget Impact:
5400.720.5700-5314.00
Water and Sewer
Account Number
Fund
11011.1801
Water/Sewer Relocations - Bond Projects
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 887,121.00
Funds Obligated
$ 173,689.82
Current Balance
$ 713,431.18 1
Does item have a cost? Yes
Item Cost
$ 243,922.80
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
$ 469,508.38
i
V20180321
Purchase Order Number:
Previous Ordinance
or Resolution #
Change Order Number:
Approval Date:
Original Contract Number:
Comments:
CITY OF
_ FAYETTEVILLE
~,a ARKANSAS
MEETING OF JUNE 5, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee, May 8, 2018
FROM: Tim Nyander, Utilities Director
CITY COUNCIL MEMO
DATE: May 2, 2018
SUBJECT: Burns & McDonnell Engineering Company, Inc. — Engineering Design of the
Water and Sewer Relocations Associated with the ARDOT 1-49NWedington
Interchange Project
RECOMMENDATION:
Staff recommends approval of the professional engineering services agreement with Burns &
McDonnell Engineering Company, Inc. for the engineering design of water and sanitary sewer
relocations required by the ARDOT 1-49/Wedington Interchange project in the amount of
$203,269.00, and approval of a contingency in the amount of $40,653.80.
BACKGROUND:
By letter dated January 31, 2018, the Arkansas Department of Transportation (ARDOT)
requested the City adjust water and sewer facilities that are in conflict with the proposed 1-49/
Wedington interchange construction, State Job No. BB0411.
On March 1, 2018, the City of Fayetteville conducted a formal Engineering Selection meeting
RFQ 18-01. At this meeting the firm of Burns & McDonnell was selected for the design of water
and sanitary sewer relocations required by the referenced interchange. Subsequently the scope
and fee has been reviewed and negotiated by Burns & McDonnell and city staff.
DISCUSSION:
Burns & McDonnell is also the consulting engineer for ARDOT for the interchange
improvements. The use of the same engineering company should expedite the design process
and reduce the costs of design to the citizens of Fayetteville. Burns & McDonnell has an
engineering office in Springdale, AR in addition to other regional offices and a campus in
Kansas City.
Please also refer to the exhibit within the proposed contract.
BUDGET/STAFF IMPACT:
Funds are available in Water/Sewer Relocations — Bond Projects.
Attachments:
Professional Engineering Services Agreement
Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMEWI'
For
OI'ESSIONAL 1?NGINEF'R1NG SERVICES
Between
CITY OF FAYL.TTEVII,LE., ,ARKANSAS
And
BURNS & MC M)NNELL ENGINEERING COMPANY, INC.
Utility water and sewer relocations associated with ARDOT I RO41 1
THIS AGREEIMENT is made as of June 5
1. 2018, by and between City of
Fayetteville. Arkansas, acting by and through As Mayor (hereinafter called CITY OI'
FAYE-F EVILLE) and Fluins At (McDonnell Engineering Company, Inc. with its principal office
located in Kansas City, Missouri (hereinafter called ENGINEER).
CITY OF I ;\YF;'1'I'h;VII;I,F, from time to time requires professional engineering services in
connection with the cvaluaOon, planning, desip, and/or construction administration ol'eapital
innprovemcnt projects. Therefore, CITY OF FAY E HEVII.I,E and ENGINEER in consideration
of their mutual coy enanls agree as follows:
ENGINEER shall :serve as CITY OF FAYETTEVILLE's professional engineering consultant in
those assignments to which ibis Agreement applies, and shall give consuhation and advice to
CFFY C)1' FAY F.TTEVILA A-. during the perlcrrnnance oJ'FN G INEER's services. All services
Wall he performed under the direction ora professional engineer registered in the State of
Arkansas and qualified in the particular field. If Conswuction Phase Sae , are to he provided
by ENGINEER under this %Agmenwnt, such savices shall he execuwd tinder the ohsawation ora
professional engineer registered in the Stale ofArhansas in accordance. with Arkansas Code.
mended §22-9-1 U 1.
Pi`uf rsicmnl Serviccti l llili�i�ti - RiMeD.clocx A -- I
SECTION 1 - AUTl ORIZA IO.N OF SERVICES
I, I Services on any assignment shall be umlerlaken only upon wriltcn AutIv.)rization of
(TIN 0 FAYI,TTF. iLl.F, and agreement oI'EN61NFFR.
1.2 Assignments from Cfl Y OF FAVI TTEM1.1,1,. Lo LNGINFFR may include services
described hereafter as Rasic. Services or as Additional Services of t:N(;lNEER.
1.3 Wnges, modincabons or amendments in scope, price or fees to US conuaat shall
not he allowed withcait a formal centrad amendment approved by the Nkym and the
CAI, Council in adyan, of the change in ,scope. Costs, Jces, or delivery schedule.
SI ("HON 2 - BASIC SERVICES OF E1NGINL.ER.
2.1 Perlorm prolessional desigm services in connection v\ ith the Project as hereinafter
staled.
2.1.1 The Scope ofServices to he furnished by E04CHNEER during this project is included
in Appendix A attached hereto and Horde part of this ANeerntcnl.
20 FNICNO I• N shall coludinaLe their activities and services with the C1 -11Y OF
FAYLTTI?VILLE. ENGINEER and UITY OF FAYET EVII A agree that
LN<;INLEP. has full responsibility for the engineering services.
SECT10143 - RESPONSIBILITIES OF C.I'I'Y OF FAYF.J'Tl;VI LLE
�. CFFY 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 FAYI;' Tl.VII.LL's requircmcnts for the
Pro,j ect.
3.1.2 iAssist ENGINEE'.R. by placing at LNGINLL.R's disposal all available information
pertinent to the assignment including previous reports and any other dam relative
thereto.
Proressional Services t --6H ies,dor.
,A-2
Ili Obtain for ENGINEER access to property reasonable necessary for 1= NCiINEER to
pedbnn its services under this ngwarent.
3.1.4 Eaanike all studies. reports, cost opinions, Bid Doamwm% FkawAgq proposals, and
other documents presented by ENGINEER and render in writing decisions pertaining
lhercto.
3.1.5 The Utilities Director is the C'fl' Y OF FAYET TEVILLE's project represenlalive v ith
respect to the services to be per formed under this Agreement. Such person shall have
complete authority to transmit insl.ructions, receive irflormation, interpret and define
CITY OF FAYf,TTEVll_,L1✓''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 CI'I Y OF FAYETTEVILLI.? W review all documents and provide written convuents
to ENGINEER in a timclr manner,
SECTION 4 - I EMOD OF :SEIZVIC'l(,
4.1 This ,Apemen will bccomc effective upon the lust written notice by CITY OI'
FA YETTEV11,1A, authorizing scrviccs hcrrunder.
4.2 '1 he provisions of this Agreement have bcol. agreed to in anticipation of the orderly
prop ress of the Project through completion of the services stated'in the Agmemcnt.
ENGINEER will proceed with providing; the authorized services inurtediately upon
receipt of written authorization from CITY OF FAYETTI ,VII,T,E. Said authorization
shall include the scope of the services audwHz _d and the time in which the services
are to be completed.
Professional Services tltilities.doe
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4.3 ENGINEER shall provide a schedule of its sawns and include such schedule with
the scope. in ,Appendix A.
SECTION .5 - P,AYi1,,1VNTS .F0 1:.�IGJN151?l.t
5.1 The maximum not -to -exceed amount authorized for [his Agreement is $203,269.
5_2 The CITY 01_ FAYLT'I'LVILLL shall compensate F:NGI'N1sI,1R based npon a unit
price basis as dew6hed in Appendix A.
5.2.1 The n1axinnnn not -to -exceed amount authorized for this Agreement is based upon the
estimated fee scope, hirers, costs and expenses per phase. The estimated (we
spreadsheets shall be inc kWed in Appendix A. The. amount for ally phase may be
more or less than the estimate, however the. Maxinuun not -to -exceed amount shall not
Ile exceed without. a formal contract aunendment.
i.3 Statements
5.3,1 Monthly statements tier each calendar month shall be submitted to CITY 01=
FA`l1rT 'FV11.1_F, consistent wuh F'NG1NF.FWs normal hilling, schedule. Once
established, the billing schedule shall he maintained throughout the duration of the
Project Application, 101' payment shall he made in aceurdauce vvi[lt a formal to be
developed by FNGINF;ER and approved by, C'.ITY OF FAY F.TTFA7IIAX..
Applications for payment shall be accompanied each month by the updated project
schedule. Final payment Mr professMal services shall be made upon CI'T'Y OF
FAYL I"FEVILLUs appN"yl and acceptance with we satisfactory completion of the
professional engineering services.
5.4 Payments
5AA All statements arc pyahlc upon receipt and flenerally due "Rhin thirty (30) days. I a
portion o(ENGINEER's statement is disputed by CITY OF FAYLTTFVILLF, the
nndispuled porion shall be paid by CITY (71 I'AYE TFVILLE by the due date.
CITY OF FAYI-'.1"fl_-:V11_,1_:E shall advise LNGINLLR in writing ofthe basis for any
disputed portion ofany statement. Cl'l'Y OP FAYErrEVILLE will make reasonable
Professional 1,erviccs [_ltilitics.doc
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ellbrt to pay invoices Min 30 clays of dale the invoke is approved, however.
Iltlti'n1L'llt wllllill 30 dal'ti ]ti till[ tiUaranLeed.
Final Paymcnl
x.5.1 Upon satishaory completion of the work perlArned under this Agreement, as a
cNndi.tion before final payment uncles' this Agreement, or as a termination settlement
under this Agmunent, L.NCiINF,,FR shall execute and deliver to CITY O1=
FAYETITNILI_:L; a release ofall claims against CITY OF FAYL"I'"I ('VII.I.I; arising
uncles or by Virtue of this Apvenlcnt, except claims which are specifically exentptc,,l
by I MINI;LR to be ,set I-orth therein. I _mess otherwise provided in this Agreement
or by Stale law or otherwise expressly agreed to by the parties to this Agwouent,
final payment tinder dos Agrcm-nus Nr settlement upon termination of this Agreement
shall not constitute a waiver of CI"I Y OF 1,,AYI, I`1'L VIL.LF's claims against.
LNGINI;LR.
SECTION 6 --GEN FRAL CONSIDERATIONS
{}, 1, I I1SUraI1CC
6:1.1 During the course of perlurmmnce ordwse services, GNC;INEF,R "itt maintain A
UAW Statcs Dollars) the following insurance. cmwmgcs:
Workers' Compensation
UnIployers' Liability
C+Nnwicl'clal General Liability
Bodily Injury and
Property Damage
Automobile I_,iabilily:
Roddy lnjury and
Property Damage
professional Liability Insurance.
I'ro1'essiunal SCI'vices UtiIitic,iAoc
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Statutol.v
5500,000 F.ach .Accident
$2,Ut)0WOO Carbined Single 1 11S
Per Occurrence and in the Aggregate
$1,t100,QW Combined Singlc Limit
l'cr Accident
$1,000,000 Lich Claim and in the
Aggrcgatc
FNGINF,ER w -ill provide. to CITY OF FAY I','f'Tl',VH LF certificates as evidence of
the specified insurance within In days of the date MA is Agreement and upon each
renewal of coverage.
6.1.2 CI"'l'Y OF FAYFTTEVILLE and ENC itNEER waive all rights orsubrogation against
each other and their officers, directors, agents, or emphyms I'or duKle covered by
property insurance during and after the cmuplelion of EN( INEH Cs services. A
provision similar to this shall be incorpnrated into all construction contracts entered
into by the CITY OF FAYM'EVILLE, and all constwabn contractors shall be
required to provide \Vaivers of subrogation in favor ol•CI IN OF FAYE"I`IEVILLE-
and ENGINEL-:R ii,r damage covered by any construction cartuacmr's prope•ty
insurance.
(1.= - Professional Responsibility
Gal ENGINEER will exercise reasonable shill, etre, and diligence in the perlbrmance of'
ENUNEFRY services and will carry out its responsibilities in accordance with
customarily accepted professional cnginecrin . practices, CITY OF FAYETTMIAT;
Standards, Arkansas State I= and the Rules and regulations nFlhe .Arkansas Board
of Licensure For Professional Engineers and Professional Surveyors. Crl Y OI•
FAYFTTEVILLE will promptly report to ENGINFFR ani- defects or suspected
defects in ENGINFI:R's services oMich an, 01 I AYETTEVILLE becomes
aware, so that I NGINEI?R can talcs measures to minimize the eonseclttent orsuch
defect. ENGINFFR aWvm not to sect: or accept an)' compensaA n or
rcimhursemenls from the CITY OF VAYE 1T VILLE for ent-ineering l ork it
pertarms to corrcet any errors, oillissions or other deficiencies caused by
FNGINETR's failure to meet customarily accepted professional cilginecring
practices. CITY OF FAYETTEVIL.L,F. retains all other remedies 10 recover for its
damages caused by any negligence of FNGINFFR.
112 In addition ENGINEER will be responsible to CITY OF FAYFTTEVII:I.F. for
damages caused by its negligcnt conduct during its activities at the I roject Site to [lie
Professional ServKes liKH6eQoc
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extent covered by 1,NGNf Flk''S's Commercial General Liability and Automobile
Liability I11S1.I1'811Ce policies.
6.3 C,Ost Opinions and Projections
63.1 Cost opinions and projections prepared by 1,NGNI:FIR relating to construction costs
and sclheclules, operation and maintenance costs, equipment characteristics and
performance., and operntim, results are basal on I :NGINN;ER's experience,
qualifications, and jud"Ment as a design prolessioual. :Since FNGrNEER has no
control over weather, cos[ and availability of labor, material and eduipmeait, labor
productivity, construction Contractors' procedures and methods, unavoidable delays;
construction Contractors' methods of determining prices, economic conditions,
competitive biddin« or in irket conditions, and other tactors affecting such cost
opinions or projections, I-,NCiINI R does nol gnarantce that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and
projections prepared by LNGINEM
6.-1 Changes
6.=4.1 CITY OF FAYET TFV I LLE shall have the richt to make changes within the general
scope ofENG1NE,ER'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 Intendment or change order signed by the
Mayor of the CITY OF I'AYE fTEVILLE and the duly authoriZcd officer of
I✓NGMEER.
6.5 "Termination
6.5.1 This Agreement may be terminated in while or in part in writing by either party in
the event Of' subsLai tial [hiILIN by the other party to fulfill its obligations under this
Agreement through no fault ol'the terminatingparty, provided that no termination
may, be effected unless the other party is given:
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6.5.1.1 Not less than telt (10) calendar clays written mice ('delivered by ccrlilled mail,
return receipt requested) of intent to terminate,
6.5.1,? An opportunity for consultation NOW die terminating parts' prior to termination..
05.2 This .Agrrcment may be terminated in whole or in part in writhe by CITY 01,
1=AYET EVWLE for its convenience, provided [hat kNIGINL-;ER is ujven:
65IJ Not less than ten ( 10) calendar days written notice (delivcrcd by certified mail,
reams receipt re(Juested] of intent to lel'minate,
6.5.2.2 An opportunity for consultation with the terminatin", parte prior to termination.
6.5. ; It terinWMIll for default is efleeled by CI'T'Y OF I0\YI TTRVII.LE, an equitable
adjustment in the price provided for in this .' gacment shall be nmde, but
Mat No amount shall be allowed sur anticipatt`d profit on unperlortned service, oi`
other Nvnrh,
Any payment due to CNGINFE1: at the time of tcrinination nlay be adjusted to
cover any additional costs to CITY 01 MYL;'I I L.V1L,L1'. because oC"
13NGlN1;C,.R's default
6.5..4 117termination for default is eCCected by EN(iINEER. or if Iermincltion for
convenience is effected by CI` TY 01. 1 AYL:'1"rEVf I A2, the equitable aQu9nrerlt
shall include a rcasm able profit for services or other work performed. The equitable
adjustment for ally termination shall provide for payment to EN(;[NI.FR For services
rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by PVC001+11 relating to commitment, Which
had become firm prior to the termination.
6.5.5 Upon rcccox ofa termination action under Paragraphs 6.x,1 or 6.5.2 above, .
FNGINEER shall:
6,.5.5.1 Promptly discontinue all affected work (unless the notice directs whel-wiscl,
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Deliver or otherwise make available to CFFY OF FAl'Fl"I HAl IF, all dant.
drawings, specifications, reports, estimates, summaries and such other
information and materials as may have been aecunnrlated by TNGINFA:I: in
performing this Agreement, whether eompleled or in process.
116 Upon termination under Paragraphs 6.5J or 602 above Urn' OF FAYETI EALLF
may take over the work and may award another party an agreement to complete the
work under this .A�(greement.
0,5. 7, W. alter termination for failure of ENG1NFFR to ful till contractual ohligations, it is
determined that ENCHNFRR had not failed to fulfill contractual obligations, the
termination ;hall be deemed to have been for the convenience ol'C ITY Or
FA l`F'ffEVILL>;. In such event, adjustments olthe agreement price shall be made
as provided in Paragraph 6.5A of this clause.
0.() Delays
6.().1 In the event the services of ENGINEER are suspended or dclayed by CITY O1=
FAYE'I"1'I_ Vll.l.f? or by other events beyond ENGINE.ER's reasonahlc cmurol.
ENGINEER shall bt entitled to add Oonal compensation and lime for reasonable
costs incurred by FNGINEFR in Wmporarily closing, down or delaying the Prost.
47 Rights and H nefrts
TO ENUINI HZI services will be pealormed solely for the bench[ ul'C'IT r, OI
rAYFTTFVILLF and not for the benelit orally other persons or cntitics.
O's Dispute Resolution
6.X_1 Scopc ol'Paragraph: The procedures of this Paragraph shall apple to any and all
disputes bewen Urn, OF FAATTTFVILLE and WGINF:FR which arise from. m-
ill any way are related to, this Agreement, including, but not limited to the
interpretation of ibis Agreement, the eldown unt of its terms, any acts. errors, or
0ntissionsol('1TY OI� FAYF.TTF.VII:L:F;orFNGINI-`FR in [lie performiancco'lthis
Agreement, and disputes concerning payment.
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(182 EX11MM60H of Remedies Required: No action may he tiled unless thw parties first
negotiate. rtimely Notice is given under Paragraph 6.3.3, but an action is initiated
prior to cxh ruction Of these procedures, such action shall be stayed, upon application
by either ptu•ty to a court of proper jurisdiction, until thee procedures in
Paragraphs 6.3.3 and IM have hcen complied with.
613 Nokc of Dispntc
6.8.3.1
For disputes arising, prion to the nmking'of Bial payment promptly atter the
occurrence Of any incident, action, or failure to act upon which a claim is based,
the party seeking reliefshall serve the other party with it vwritten Notice;
6.8.31 For disputcs arising within one year alter the malting offinal payment, CITY 01.
FAY •1'I.VILLL shall give ENGINEER written Notir.e at the address listed in
ParLr`a.raph (1. 14 within thirty (3 0) clays anter occurrence ofany incident, accident.
or first observance of detect or damage In both instances, the Notice shall
specify the nature and amount of relict sought, the reason relief should be granted,
and the appropriate portions of this Agreement Una mrdm ze the rel&Fmquested.
18A Negotiation: Witkn seven clays of receipt of the Notice, the Project \Managers for
Cl"hY Ol F:11'l I' MILE and ENGINEER shall confer in an eMml to resolve the
dispute. If the disputee cannot be resolved at that level, then, neon Nvritten request of
either side. the matter shall he referred to the President of F;NGINEF'R and the Mayor
of CITY 01' FAYE'hTEVI I,I.F: or his desiunee. These officers shall meet at the
Project Site or such other location as is agreed upon within 30 days of the written
request to resolVc. the dispute.
6.() CITY OI' F:,\YL-;T I'LVILLE represents that it has sufficient funds or the means of
obt,rkkg funds to remit payinna to ENGINEER for suvices rendered by
ENGINEER.
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6,10 Publications
6 I A I Recognising the importance of pr-ofc.shmal development on the hart of ENGINI :f_.R's
employees and the importance of 1NGINIZER's public relations, may
prepare publications, such as technical papers. articles Ar prriodicals, and press
releases, pertaining to FNGINE'EWs services for the Pro,lect. Such publications N ill
be prov ided w CITY OF FAYFTTLVILLE in draft loon for CITY OF
FAY'>-:ML;VILI,I?.'s advance review. (MA' OF FAYE-FITA,11.1.1] shall reN icw such
drafts promptly and provide CITY OF FAYI_?TTLVII:I,F"s comments to FNGINEFR'.
CITY OF I`AYI�,-hTI?VILLF may require deletion of proprietary, data or confidential
information Iron such publications, but othamhe CITY OF F/\YFTTFVILLL- will
not unreasonably withhold approval. "T'he cost of F;NGINF;F:R's aciivities pert.rinin�,
to any such publication shall be for T:N(FINEER's account.
6.1 1 In demnlllcatioI)
6.) I.I CITY OF FAYE'1"I EVILL.E. agrees that it will require all co awmt.ion Contractors to
intlemniFti. Mud, and hold hanWns C'l'fY OF FAYETTE.VILLE and FNIGINFI:I:
Porn and against any and all loss where loss is caused or incurred or alleged to he
caused or incurred in whole or in part as a result of the negligence or other actionable
WR nF the Contractor:~, or their employees, agent,, Subcontractors, and Suppliers.
6.12 OW11 rship oFDocuntcnts
bill All documents provided by CITY OF FAYL:TTEVII..LL including original draxvinos_
disks of CADD drmvin«s and cross sections, estimates, specification field notes, and
Mala are and remain the property of CI`T'Y OF FAYF,TTFVILLh. F'NGINLL.R nrty
retain reproduced copies of drawings and copies of other documents.
6A22 The CFTY OF FAYETTEVI AE ackn;,wledges the LNGINUR's plans and
specifications, including, documents on electronic media ("delivered documents"); as
instruments ofprotessional sorvices. Nevertheless, the delivered dOCLImCntS prepared
under this Al;reemcnt shall he delivered to and become the property of the CCM'' OF
FAYE'I`"I EVII:LF upon completion of the services and payment in full ora monies
ProNSGOM tiers ices I Itilitics, OC
due to Except lir the E;NGINF;I ,R s .services provided for by this
Agreement as related to the swum ction and completion of the Project, the
ENGINEER accepts no liability arising from any rcusc of the. delivered documents by
the CITY OF FAWl'J'E.VILLE., unless ENGINEER is retained by CITY OF
FAYETTETIVE to make modifications or othcrwisc rcusc the delivered documcnts.
Scept whirr. the CrA OF FAYm"I ull-LL reuses the delivered documents
tiubseyuent to the completion of the Project, nothinLp contained in this patauraph shall
alter the ENGINEER', respnW ilities and obligations under this Agrccmcnt.
6.12.3 Any tiles delivered in cleoxonic medium may not work on systems and software
different than those with which they woe originally produced. ENGINp.ER makes no
warranty as to (he compatihili(y ofthesc tiles with any other system or sofliware.
Because of tic potential degradation of electronic medium over time, in the evou of a
conflict hetwccn the scaled Wginal drmOngsbard copies and the clecuunk files, the
sealed dra wiiigs/hard copies will �,.overn.
6,13 Notices
6,13.1 Any Notice rcyuired under this Agreement will he in writing, addressed to the
ahpropnMe. parte at the 505whW addresses:
CITY OF 1 :1YL-1-1-F.VII.I,1 's ;1(Idl'e,S:
1 13 West Mountain
Fayettc011c. AR 72TH
ENGIN[-,,ER's addre,s:
9400 Ward Parkway
Kansas City_ MO 641 14
6.14 SUccessor and :Assigns
6.14.1 CITY OF FAVETTEVILLI, and 1,NGINE:ER each binds himselfand his successors.
cvccutors, administrators, and assigns to the other party of this A ,rccment and to the
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succcssois, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY 01 FAYE TEVILLE.
nor ENGTNLER shrill assign, suhlet, or transfer his Interest in the Agreement without
thl'. written consent of the other.
6.15 (.'ontrulling Law
6.15.1 This Agivement shall be subject to, interpreted ;tnd enforced according to the laws of
the State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.14.1 This Agrecment represents the. entire Agreement betwveen ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to prolessional services, in the event CITY OIC
FAYI'TTI-MLLE issurs to r.NGINEER a purchase order, no preprinted terms
thereon shall become a part ol'this Agreement. Said purchase order document,
whether or not signed by I N(_;INCst;R, shall be considered as a document for CITY
OI' FAYETTUVILI,F,'s internal management ol' its operations.
5ECTTON 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of I:N(_iWEI tt:
7.I.I CITY ()F FAYE'r-n-wit.i.rs or any Federal or State Agency's review, approval, or
acceptance of design drawings, spccifications, reports and other services furnished
hereunder shall not in any ��ay relieve ENGINEER of responsibility to its standard of
care set forth in Section 62. 1. L.xce.pt as set forth in ibis Agreement, neither CITY
OF I AYETTI!VILLE's nor any federal or State Agency's review, approval or
acceptance of, nor payment for any of the service~ shall be construed as a waiver of
any rights under this A`orecment or of any cause of action arising out of the
performance of this Agreement.
7. 1.2 ENGINEER shall be anis shall remain liable, in accordance with applicable law, Cor
direct third -party property and personal injury damages to CI'T'Y OF
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FAYEITLVILLL to the Won caused by LNGINI-]-]\'s IIC �ji<<cnt perl<lrnlance of
the Services furnished under this Agrcemcnl; 1254JINLIR shall not be liahle For
errors, omissions or other del iciendes to the extent attrihuwhle to CITY O
FAYF,T`l—F,Vll_.LL or CITY OF FAYF'hI'LVILLF:-Furnished data.
7. 1. In tic) event will LNGINLLR he liable for ally special, indirect, ole consequential
dalilagcs includIng, wiW01-11- linlltation, damages of lw sc-s in the nature of increased
Project costs, loss of revenue or protit. WE production, claims by custilmers orcin"
OF FAYE'I"I'FVILLF, or governmental fines or penalties.
72 Remedies
7:2.1 Except as play be otherwise provided in this A�,greenlent. all Cklinls, counter -claims,
disputes and other matters in question betyveen CITY Y OF F,aYI l l'I ;VII Ll" and
ENGINFFR Arising out of or relating w this Agrecmcnt or the breach thereof , ill ho
decided in a court of competent,jurisdiction within Arkamsas.
7.3 Audit: Access to Rccords
LNGJNFHR shall maintain hooks, records, documents and nlher evidence directly,
perlincnt to performance on \•Vork under this Agrew-new and for three (3) wears from
the date of final payment under this Agwernow in accordance Wh gowraHy
accepted accounAng principles and practices consistently applied in envo on the date
6J'eXceuti0n of this Agieemcnt. ENGINEER shall also nuiintai 1 the financial
information and data used by UNCdNLER in the prep,aration of support of the cost
suhnlission re.yuired for any negotiated agreement or change order and send to CITY
Oh FAY17,11 FVIIJ V a co1y of the cost summary submitted. UITY (A.
I"AYI:TTE'XILLL, the :State or any of their authoriacd rcpres.:ntatives shall have
access to all such books. records, documents and other cyidcnce 161- the purpl-»c of
inspection, audit and copyist during normal business lwurs. 1?N(JINLLR will provide
proper ScHities For such access and inspection.
7A2 Recorcls under Paragraph 7.3.1 above, shall he maintained and made available during
performance on assistcd work under this Agreement and until three years frons the
Prol2ssiojlal Serviccs C4ititics.doc
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P
date of lural payment for the project. In addition, those records ,vhich relate to any
Conurvursy a0ing OUt O1 such pedlormance, or to costs or imms to lvllleh an audit
exception has been taken, shall be maintained and made available until three years
after the date of, resolution ofsuch appeal, litigation, claim or exception.
13.3 1 his right of access clause (with respect to financial records) applies to`.
73A 1 Negotiated prime agreements:
7,3.3.2 Negotiated change oriler.s or agreement amendments in excess of $10.000
affecting the price of any formally adverbscd, competitively awarded, fixed price
agreement
7.3._,..; :Agreements or purchase orders under at agreement other Man a fi mwlly
advertised. competitively awarded, fixed price agreement. However, this right of
access does not apply to a prime agreement, lower tier subagreement or purchase
War awarded after effective price competition, except:
7.3.;.1.1 With respect to record pertaining directly to suhagreement pu•I'ormance.
excluding anv financial records of ENGIN1-7,17R;
7.1.3.3.1 If there is any indication that fraud, gross abuse or corrupt practices may be
involved,
7.13.3.3 If the suba regiment is terminated for default or for convenience.
7.4 Covenant Aeainst Contingent Fees
7A I ENGINEER warrant, that no person or selling agency has been employed or retained
to solicit or secure. this Agreement upon an a1INC111 Ilt Of unciet'standing lora
commission, percentage, brokerage or continent lee, excepting bona fide employees
or bona fide established commercial or selling auencics maintained by I;NGINFER
for the purpose of securing business. For breach or violation of this warranty, CITY
OF FAYETTEVHJ S shall WVU the right to annul this Agreement without liability or
tit its discretion, to deduct from the contract price or consideration, or mhenOse
I'rc fr sii;nal ticr� icc7 1161ities.doc
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10
recover, the full anwunt ofsuch ennunission, percentage, brokerage, no contingent
f c,
7 S Gratuities
7.5.1 if C'f"11' OF I AY1.:TTI'Abll J.17 finds after a notice and hearing that h;NGINLER or
any of F'NGINEL.IA s agents ur represcnW6vcj orfered or gave gratuities (in the form
of entertainment, sifts or otherwise) to any official, employee or agent of 071 Y OF
I'AYE' TLA ILLk, in an attempt to secure an agreement or favorable treatment in
awarding, amundin.g or making, any detcrmhudons related to Be performance orris
Agreement, CITY OF FAVI?'I TEVILLE may, by written notice to ENGINEER
terminate. this A'arcentcnt. CITY OF FAYL'1'l'LVILLE may also pursue other rights
and remedies that the lay-, or this Agwcmwa provides. However, the cxkwncc of the
ALIS Un which CITY 0I1 FAYIETTEV1I_.I I bases such finding shall he in issue and
maybe redewed in procccding.s under the RCn]CdiCS clause of this Agreement.
7.x.2 In the e.vcnt this Agreement is terminated as provided in I'aragraph 7.x.1, Cf1'Y OI
FAYL TEVILLL May pursue the sank remedies against ENGINEER as it could
poi: uc in the event ofa breach of die Agreement by EN ANE.FR. As a penalty, in
addition to any other damages to which it may be entitled by law, CITY OF
I AYETTEVRJ.F nay pursue exemplary damages in an amount (as determined by
CIT ' OI` I AYLTTF,VI1:LQ which shall he not less than three nor more than tell
times the costs LNUNEER incurs in providing any such gratuities w any such Wen -
or employee.
Th Arkansas Frecdom of Information Act
7.6 1 C11.� conhads and documents- including internal documents and documents of
subcontracuws and suNconsult;tnts, proparccl while performing. City cwMactual work
are subject to Be Arkansas Freedom of Information Act (FOIA). If a I'recdom of
Information Act request is presented to Be CITY 012 FANW-TEVILLE, ENGINEER
vvlll provide Me docummAs in a prolnllt and timely manner as prescribed in the
Arkansas freedom or' Information Act ("A.C-A. §25-19.101 et seq.). Only legaQ
I'rute;sic�n;il Sen-ic��, tltilities.cloc
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authorized photocopyinp, costs pursuant to the FOIA may he assessed Jor this
compliance.
.ssnsss.r� .
?.6.2 I'ursu IIIc t '.Arkans�tti 'sli[e Ann. a 21-1't-105(h)(2O) the personal inFormationof
C11 Y.c 11 l Al'€ ; I`I IMI L water system c:ustnmcrs must be treated as confidential
inlo.C;nlillon aildshall iwtj)Enlacle available for inspection except by 1.•:NGMEER's
empksyeps as requil-Cd Iis itilfill Ilse t i•m. ol'this Agreement. Upoll completion of,
I-N(i€Ni.F.[1's coiiIitictilall dudes and ;Iter approval .)I' I NGINE:i R€ . (10CumelItS, the
ilc•tirr+,y 01' return Ln CITY ( W VAYFI-TE;VII II: any C.n1]les or
records containing inftornultion about CITY OF I-AYE']TTf ;VILL}; water system
Custollicl's.
IN WITNSS \N/I IFIR P.OF. ("ITY OI' FAYLTTEV"I€,€.E, ARKANSAS by and through its
Mayor. and ENGINEER, b�' its <ullhorizrd officer have made. and CXCCUted this ALlyeement as of
the day and year first above writlen.
Professional- Seri ices l;tilities.doc
A 17
OF FA1Y:'I-I I -;VII
By:
Nil,I�V, uoreld Jordan
ARKANSAS
ATTEST:
Hy: —
CClerk
}3L
By
Title: _ �7ir11
ENL) OF AGPELIV1LiN'I' OR PRUFI;SSIONAI, I:NGINI 1:"RUN(_i SERVICES
Profes.siomil Sci`%,ices UtilitiesAoc
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APPENDIX A
SCOPE OF SERVICES
1-49/1111VY 10/112 INTERCHANGE— WATER/SE11'ER INFRASTRUCTURE RELOCATIONS
BACKGROUND INFORMATION
The Arkansas Deparin cut of Transportation (ARDO T) is preparing interchange improvements to the 1-40
— I lwy 16/1 1 2 intcrchwye. The existing highway right-okmay will be extended outward in some
locations. Due I() the extension of the Qh vay riglWoNvay and interchange improvements, it will be
necessary to rclocale some existing water and sewer infrastructure near the area of the interchange
project.
Upon preliminary review of the proposed interchange project, the following water/sewer infrastructure
has been idctttilied as needing to be relocated, The infrastructure is shown in h'i001-e 1fulluwing this
section.
• 91 .. Relocation of approximately 1000 LF of SAmh water main outside ol'new proposed 1-41)
riahnofway.
o: x;12 ---Replacement of approximately 1,350 LF of COAT MAW wMermain with new 24Anch
water rain cro.ssln , IntersWe 41 1% new main Nil connect ni:ar the exi.ming 30 -inch P(:('11
and 18 -inch PVC' mains on the west side of 449 and the existing 24 -inch DIN main on the east
side of W).
H3 — Whoo toe ability to eliminate the existing lift station by installing a portion of gravity
sewer. If fcasihN, extend qy xinmko, 1100 LF of E -inch gravily smwcr main In connect
existing 12 -inch p,ravity sewer main near I-49 to existing 8 -inch gravity scw er main along
McMillan Drive, and abandonment of toe existing lift station near 1-49.
•
4d -- Relocation of approximately 500 LF of S -inch water main outside ofthc new proposed ]A)
right-of-way.
'1 hWllowhig scope items arc included as Optional ScrAcos (Sec Task 600). 'I hese Wl only be
comocted i f necessoly clue to conflicts with lie highway interchange project, and if pre-au(horized by the
45 -- Irnec.essuy clue to the new highway interchange project, rcloeation of approximately 35(1
LF of 12 -inch gravily sewer Huhn crossing I-49, and approximately 350 Ll' of I S-inchgravily
sewer nAn unBsing 149.
46 — Ifnecessary clue to the new highway interchange project. relocation of appruxinlately 100
LF of UAmh water main crossin,fldl wy 160 12 (\\-edingwn Drivel and 79) LL Wdnch water
main almig the south side of 101, 16/112 (Wedington Drive).
Other reloc bar - if necessary clue to the 1oW highway interchange project, relocation of
existing iflffasiruc(ure.
Cil,' i l'faveflc'illr, Al" IOWC I OR) N01112M
�, Jam+ !_� � � I ?�` •�_....r�. ;�(��"l� �.�
1
f � r i Iii
,
. 1 I F#41 $.3
I I i
3
#5
Figure I —,Scope of wetter/sewer ijifrastructure wort:
111e work 1�,cnually consists ol'providin`l utility survcv, prcliminary design, Ileal dcsion construction
plans and specifications. easenxnt cluconr.nls, hid phssC scrV ices, Anil C011struction phase service.,. The
follrwin-*. scope clocs not include 11vclrrmlic illod in,! of flee \wntcr ;md sewer systcros. 1.1i less olher wise
noted, new mains will he replaced with lilac siz.c, Constrrlction phase• services ;ire nol included in the
followilW scope, but ruav be aWdCd by a seh.Llr,lte agrcement at a later dLItc.
TASK SERIES 7110 — PROIECC COORDINATION. C MAIUNICATION, AND IVIANAG ME,NT
Task 1111 - Prnjcct >tiann�ciucuUAdwiuisl�,lliun
Provide the Ruction required to complete the �;cohc of tor -, Tasks, include
A. Correspoiidencc with the. Cit' of Faymcvillc, AR (City)
R. Consultation with Cite staff
C. Supervision and coordination ofserviccs
D. Qhlality control/quality aSSll1'a11Cc reviews
Cii. orki.vot ville Alt pitvc'or0 APr117.71pg
E. Scheduling and assignment ofprasonncl resources
F, iNioniloring of work progress
G. invoicing forwod,performed
H. Providing monthly project status updates to Cite outlining work perlarmed durillU the invoicing
period, upComing work activities, and outstanding actions required by the City.
1. Coordination with ARDOT
Task 102 — Preparation of Design Scliedule
Develop a project schedule outlining the tasks and major milestone dates to be performed throughout the
project design phase. Schedule will be provided to the C'ily Ior review and comment prior to kickoff
meeting.
Task 103 — Conduct Project Kiekoff,Viceting I ith Gity Staff
Attend a project kick-ofl'meeting to be hold wilt City stall'. The. meeting shall include discussion of
m
pertinent ite< for flit project .Such as:
A. Present project background and overvim.
B. Introduce ke_Y stall involved in the project including, Cily personnel who are to provide
in forinationlservices.
C. Determine lines ol'conrinunication and project contacts (contact list to be developed).
D. Identify available existing data and exchange,
L. Discuss key issues, objectives aril goads.
P. Review the preliminary project schedule and milestones.
G, Discuss issues of concern for the C'ily.
11. DCf111C suh-consuIt'll nts and their roles,
1. Outline possible community concern, neir;hhm-inl_> residents. hu,sinesses, easements, etc.
J. Discus other pertinent items.
K. A meeting agenda and subsequent meeting minutes will be distributed to all meeting participants.
"Paste 104 — Data Collection & Review
Review available information from the Cit\ related to the project. Identify and request any additional
information that may be helpful or pertinenl to the wort:. Information may include Copies of existing
reports, record drawings, GIs data, geotechnical reports, Land ownership information, existing easement
(loci imentation and/or existing permits. It is assumed that all data provided by the City is complete and
accurate and l.>r use without additional Held verilicalion.
"f este io-s— Coordination Frith i-liginv.,y Interchange design team (BNIcD) md Sub-consultant(s)
Project team will coordinate with the 13McD Highway Interchange team throughout the project. Retain
sub-consultant(s) for necessary tasks such as supplCuiental survey services (Task 201) and easement
preparation (Task 302). Coordinate and work with sub-consultanl(s) IS necessary throughout the project.
TASK Sr UES 2110—PiIT,LliMINARY DESiGN SERVICES
Task 201 ---Topographic and I;tility Survey
The topographic survey of the project corridor will be provided for our use by the Highway interchange
designer (BMc.D). Additional topographic survey outside the bounds of the Highway survey and a utility
location survey will be performed to supplCment the existing Flwhwav survev.
Task 202 — Preparation ol'30% Design Doctnnents
A. Preparation of 30"i„ Design Documents
I , Projcct team Will generate base plan sheets utilizing aerial napping and survey dela. Plan
sheets will be developed to a so% level for review of pipeline <alignmeot.
2. Plan sheets shall be 22 -inch X 311 -inch (full sirs).
Qry of F'CJ0ttc� IIIc. AR Page 3 of) April 17, 201 h
Pipeline profile~ Al not be drwkgwd at JOY IcvA oWs"n, 1'roliles will he developed after
the horiionlal alipnincnt is set,.
d, TWO (2) full size(] drawing sets will he prnvided to the ('it) for review prior to the review
meeting. Llectronic copies inay also he provident if preferred,
R. 30'i/n Design review Meeting,
1, A design review meeting N ill be hell "ith ('its stcil't: 'flit 3fl"i, de.,i ,n docnmenls will he
presented and revie;ved in detail n�ith the Cite. City st<<ff nnay provide written Comments to be
presented at the of design mcom,0 Nl ok, minulcs. includinlg a list ofaction items, will
be di.stributcd to all meeting participants.
2. Once design plans have been approved by City and pipeline alignments have been
easement preparation will cantnnence as outlined in 'I ask 302,
C. Utility Coordination
Contact Utility connpanicsWith utilities in the project area to request mapping and utility
information, including size, type, and apprOXimate depth.
TASK SEW ES 31111 — FINA1, i)ESHAN
Task 301—Prep:unation of 60%, design Documents
A. Prepare OW".', Dcsigm Docunnents
I. Plans shall be developed to the OWN, desi,,n Icvcl_
2. dais will address 3O"o design review comments.
3. 6m, design plans shall inr.ludc:
a. Proposed ali;,nnicnl
b. Ground surface protilc
c. Pipeline profile.
d. Buried utility crossine, incAHIT inArmation Provided by utility companies
e. Pipeline crossing. locations: Highway, Roads
f. Proposed interconnect locations
g. AdditimW detail drawings that arc needed Or final design.
4. TWO (2) full sized sets gill be provided to Ile. City tier review prior to the revic";
meeting. Electronic copies may also he prop ided if preferred.
B. Pi-cparc Preliminary Technical Specilicatiorns
A listing of necessary technical ,pcciricntion .scctions Evill he developed. The technical
specification sections will be developed to a oO",;, level,
2. Two (2) copies ol'the technical speciticntions will be provided to the City liar review prior to
Me review meeting.
C. Perform 60`%o Internal Otiality Review
I. Thu 00% desit-n documents. includin`. plans. and specifications, will undergo an internal
qualily review. Plans and specifications WH be reviewed for design and Construction
Considerations,
1), Prepare 60"'o F.11 inecr'.s Opinion of Prohalle Comtrucliou Cost (I;OPCC)
I . Based on the 61-)4", desir n drm� in ts; aur project learn will prepare the LOI)CC for the project.
This FOI)CC will be �;uhnniled alone with the dcsi;_n docmnentN for review and comment hv
the Cily. The FOPCC will he lased on a combination or recant bid tabulation Whwmation,
historical cost data, and RSN-leans Const whoa f rust Data_ Relevant and significant
assumptions will he included for reference. This FOPCC will include a 20'N, conlingencv_
2, Evaluate potential reinnlursemenl perccnrig" that the City ma), clualify for flue Io the
A R DOT work.
3. Cost opinions and pnquchons prepared by L'.NG INELP, to construction costs Mid
schedules, and operating results are based on ENUNIZER's experience, qualifications, and
judgement as a design professional. Since FNG INUR has no control over weather, cost and
availahility of bihor, materials and equipment. labor pmducA ity, umstructOn Contracmt:s-
proceClUms and methods, unavoidable delays. construction Contractors' methods of
determining prices, economic conditions, annpetitivc bidding iw market conditions, and other
Cil. ott'a;'ellMI, Ali Page 4 ol'1 Apo i'!..'_AR
lectors aftec.tin)t such cost opinions or projections, FNGNIEF.R Ties not guarantuc that aclilal
rates, cosi;, prrtunnance. schedules, and rclawd items "S not vary front cost opinions and
projections prepared by LNGINF:I:R.
Conduct 601? Design Rev&%% Nlectinu
1, A dcsi�jn reg few meeting will he held with Chy staff. The 6(1"5 design documents "ill he
presented and raviewed in detail with 11Ir Ci(e. ('i[y staffmay provide written comments to he
presented at the OWN) deo n mceting. Mecting minutes; including a list of action items_. "it
he distributed to all meeting participants.
T:isk 302 — Easements
A. Prepare. Nec.essan Lase.nlcnt Legal llcscriplions and exhibits
1. Legal descriptions and exhibits will he prepared and provided to [lir City for up to ten ( 10)
p cr
ropt i CS,
H. Cite is responsible fur acquiring and filing syned easement documents.
'fast: 303 — Preparation of )ll`%. Design Documents
A. Prepare 90°•'o Design DoCUI11e11tS
L Plans shall he refined to [he 1)( i, design tuve':..
2. Plans will address 60% design reyicw comments.
3. Temporary and pernianen[ easements information, land ownership information ai (I c.>ii�i
related appurtenances shall be included.
d. flans shall include sufficient detail for hiddhy.
3. Plans will meet rite requirements of the Arkansas Department of l lcalth, Rules null
Rt° ;l1i(llim is P�, rloiniiiv to Poblic 1)Vwcr ,VS((1MS.
h_ I wo (2) full sized dr wing sets will be yovided to rite City for review prior to the review
meeting. Flec[ronic. copies may also; bc prl'wiclecl if preferred.
13. Finalize Technical Specifications
I. All appliclble tac.hnical specification sections will be finalize([.
2. Specilicaliuns will ince[ the requirements of the City of l�aycttcviIle, Arkansas s(andards_ and
the Arkansas Department of 1-Icalth. tulles c117c1lac',"'Idation't '1'lUllllll'ti to I'llbllc 11 -owl.
3�. Two (2) copies of tha technical speci nentims will be provided to the. City for m6mv prior to
[lie revicw ineating.
C. Prepare. Stormtvo[er Pollution Prevention Plan (S'WI PP)
I . Prepare a SWPPP for the project that include the prJect description and location, types Anel
locations of-13MPs for erosion and secHm nt wwrol, stabilization requiremenn inspection
and maintenance procedures, good housekeeping practices, and spill prevention measures.
1)c elop [he SWPPP in accordance with the requirements ordw current General Permit or
Stornlwater Discharges from CmAruction ArhVW a ani subscqucnt update front Ore.
Arkansas l.)epat'fincnt ut Eaivirorunrntal (hr,tli[y (.ADEQ} prior io start of cuotructioi).
Provide an cicctronic draft SWPPP to the (Ty for review and common[,. I "on i'rceivop,
comments, finalize the S WPPP w N provide the City an cluctior is copy of the final SWTPP.
1_). Front End Specifications
I, Non-technical front-cnd spcciflcations will he provided by the City.
F. Prepare 9013 IAT&cr's Clpinion of ProbatWe Construction Cost
I. Based on the 90%desi-n draWillgS. our prnjcet leant will prepare the E(_)PCC for the project.
This E01)C' \A, -ill be submitted along Mi the design documents for review and comment by
the Citv..The F.(')PC'C will be based on a comhination Ofi'cecnt hid tabulation information.
historical cos[ data. and RSMeans C:onswichnn Cost Dats Relovant and significant
assumptions will be included for relcrence, 'I his F;UPCC Will include a I ti44, eonlingcncy.
2. Update potential Wnhurse.ment percentages that the City may qualify for due to the ARDYI'
work.
A Cost CIAO ins and projections prepared by l,,NGINFFR relatin�t to construction costs and
schedule;_ and operating results gra based on FNGINFFR`s experience, qualloalions, and
judgemns as a design professional. Since MUM has no control over "Ya ur, cost and
('ih' cticvi I1c, AR Nage 5 or l Apnl T W
w,aiIability of labor. material; and equipment Kbor productivity, comh•uction Contractors'
procedures and methods- unav-nidahle delays, construction Conn•acturs' methods of
deierminin� price:., ceonrnnic Conditions, competitive bidding,, Or market conditions_ and oil -,,r
owtors nlfec&g such cera npinions or prnjccliuns, I N(_iINF:I R due; not glilaramlee that actual
rates, cost.~. pert trtnance. wlicklules, and related ileac, will nut gran from cost upiniuns and
prujectioiis prepared by F.N(itNUR
F. Conduct 9W,", Desi""11 Revic%% Meetinci
1. A design rc\ iev;. mcctill � v ill hr 1-cicl " ith Cite staff. 'I he 90,/,, desit),o document" will he
presented and rcvic%vcd in dctail veith the City, City sial'I may provide written conurncnts to he
presented at the 90"'b dc:,i n mcc(hu,.. Avieetinr minutes. including a list ofauhun items. i ill
he disu-ibutcd to all tncctincr. p�irticip;tnts.
U. l_ -blit): Coordination
I, Provide "Ho companic" with utilities in the area in electronic set ol'plans for OR i•evi=
1-I. Submit DMCnlnentS for Statc Review
1. Plans_ technical specifications and ("her necessary ducumcntatiun will be $ubnllttCCI to the
Arkansas Department oi' I Ieahii and the Arkansas Department o1"I'ransportatioil for review
and approval.
"task 304 11rcparatiun of 100%, (Final) 1kAgn Documents
A. Prehal'e 100",i, (final) Dcs4,,H DMcHincills
I, flans and specifications shall be completed at the I MY% chAgn level. The 10096 plan~ auil
specifications v, ill ackWess QHQA design review commont". Two (3) full sired drawing sets.
and two (2) copies of the final ;,peWcations will be provided to the (Ay. Final documents
shall also be prop icled in AuhA I t 0 anion DH 6 or later), and Alto Acnabat (.pelf)
formats. Thcsc docur�icnts Will br utilivcd as the issue(I 1'or }aid d0CHInentl.
R, Prepare 1007' L;n�i_-ineer's Opinion of 1'rohable ('011mrLICIi0l) Cost
1. Based on the IM-Y,desi��n drum ings, Mur projret t; ani will prepare the EOPCC fur the
project. Thi:. FONV will include a contin,�cncv.
2. update pirtential rcimburscmcnt perccrimges that the City may qualily, Rnr due to the ARD(fl'
work.
?. Com opinions and projections prepared by EMANLAt relating to amstrudiun curls and
schcdulcs, and operobW results arc havA on EMANf_l_ R4 olvehencc, gwAlWcation4 and
judgement as a design p oQuiomiL Since LNUNFER has no amool overweathan cost aid
availability ul'labor, materials and equipment, labor productivity, construction Contractors'
procedures and methods. uu.n uiclahlc delays, construction C'unU•acturs' mathods of
deterntinint" prices, economic conditions. conipclitive bidding or market conditions_ and other
f,tctur., Abocting qwh cost opinion~ or prpjectinns, FNC rINFF.R does not guarantee That actual
rates, costs, perrormanec, schedules. an(I will nut van t irri curt opinion" and
projection; prepared h� I aK N ;l R.
TASK til MES JON -- UD f1.IASE S:h RVI(T:S
"fade 401 — Prepare Advertisentent for Bid
Prepare the bid advertisement which will spec.ilicully outline the stork requirements, Contractor
requirements, bond requirements, and important bid dates and time::. We \6 11 coordinate; veith the Cite
hots the advertiscnicnl should be priwidcd to putential Contractors.
Task 402 —Preparation and Distribution of Issued for Bid Documents
C'ooMinale hidding procedures vJtli the City, We will provide up to ten ( 10) SOS 01 -bound hard cupv
documents fill' the City to have available for pi(,laip at its ol'lice h) prospective. hidder". Electronic copies
Of the (10CLUnent5 to be provided to prospective bidders at the Hys request The Cite WK maintain the
Official list of plan I'toldeirs.
Oyail Rw!t aic.AK 10"aUt9 Apnl 17,-20i1
Usk 403 — Preparation and Distribution of Addenda
Despond to queslions from Contractoi:s during; the bidding process. assemble and transmit addenda
information as necessirry. "I he addenda W be incorporated info the Contract Documents.
Task 404 — Condncl Pre -laid Conferenee with Prospective Bidders
Our Project Manager will attend the pre -hid conlcrence to assist the City's MAY in answering questions
concerniNg the design of the project. The meeting agenda will cover important and noteworthy conditions
or re.quiremcnts associated with the bid and the work. Meeting notes and the sign -in short will be
distributed to meeting attendees and prospective bidders via addendum.
Task 405 — Provide laid Opening Assistance
Our Project Manager will attend and assist Cily WIDOW the bid opening. Bid conditions includim._
discrepancies and irregularities will he documented.
Task 406 — [VAL12tioaa of 13ids
The bids will be collected and evaluated for conformance, completeness, awl costs. Irreguhu lies v011 be
documented, An overall bid tabulation will be dcvclopc d showing the bids in a shoe spreadsheal. IN,
Nd tab wW help identity computational error, and uncertainties in the bid process. Ifavailahle., rcvWN
Dunn &, Bradstreet reporl for apparent loNv bidder. Check the apparent low bidders' references to verify
their qualifications, intent, zinc] availobidty. cmWeism ons with rc(crencrs will be Well doc:umentcd as to
help supportthe recommendation for award and provided to the City.
Task 407— Reconunendnliou for C'onstruetion 0mtract Award
Provide a formal, written Conhractnr recommendation for Award, vvhich can be presented to the Council.
Our rocommendation.s will consider ('ontraclor's qualifications, retcrence checks. and other relevant
considerations.
TASK SMIE,S5(111—CONSTRUUUON PHASLSERVICES
Construction phase servicev may he adcled at a later date. A construction phase service scope and be will
bo suhinitind by the Consultant for City revew and approval prior to the completion of Bid Phase Service
tasks.
TASK SERIES QW) —OPTK)NAL, SERVIC:.FS
The following work is classilled as Optional Service.;. Prior to proceeding with these tasks, the %vork and
associated fee must he in writin, by the (;Q-
• 711sks associated with infrastructure relocation 15. "Task includes in allo\rance of ,$15,36-1. Time
\gill he hilted at hourly ratc_s up to the allo�a'ance amount.
• Tads associated with 01171Structtn•c relocation 46. "fast: includes an allowance of ,18,407. 'Time
will be hilled at hourly rates up to the allowance amount,
• Tasks associated with other relocations. 14sk includes an allowance of.$1SAW `Time will be
billed at 44dy rates N) to the allowance amount.
• Lasemeot acquisition services - Task includes assisting City in acquiring easements assochted
t%,ilh relocation work.. Task include an allowance of SALON, Time \0 he billed at hourly rotes
Or actual time spent plus expenses up to the maximum allowance amount. It additional
acquisition services are icquetcd, an addi0onat amount may be added through a formal contract
amendment.
• Lasement staking Task includes time Ow the surneyor to stake proposed easements as neoded
during C Iscniei( negotiations. Task includes an alliiwancc of 9;2,500. Time will be billed of
l u dy rates plus c%penses up to to moximum allowance amount.
11FTH01) 0 F PAYiI'TENT
Cit-., (XF;.yeueville, AR NW 7 of') A01 1?_ 241 S
The. maximum noa-lo-exceed milollnt authorised for illis AIIrccnleni is hosed upon the lee spreadsheet
IllClll(IC(I 111 this Appendix. The a'&OVC SCI'OCC.�; al'C to 1`1C COIllpensaled Ill accol-dance. vvidl the enclosed
Shcedule oi' 1 loony PI'oTCS5lollaI Scrvice BlIhIl rates. The rates presented in this Schedule are effective
fin- Scrvires taus ugh Deccnaher 3 1 , 2018 and are tuhjerl to revision thcrc,lft0l%
City of Fayetteville; AR
Id9/HWY 1611 Int erchang, - Water/Sewer infrastructure Relocations
17 -Apr -19
Burns & McDonnell Fee Estimate
('it%• of F:i; ckevillc, hh Pa 'e � 49 Aplil 11- 20I"
Schedule of Hourly Professional Service Billing Rates
Position
classification
General Office'
Technician
Assistant '
Staff
Senior
Associate
Classification
LeVel
F
7
Fi
4
12
13
14
1'i
16
17
Hourly
Billing Rate
S5800
7200
33.01)
11",.00
134 00
152.00
166.(11a
e3 00
los ao
212 00
220 00
225 QO
?2D 00
NOTES:
1. Position classifcalions listed above iefei to ltie firms internal classification sYsiern for ernployce compensation
For example, "Associate", "Senior", ete, , refer to srich pmsilion s as "Associate Fngnneer", "Senior Architect", etc.
2 For any not exernf 1. personnel in positions marked with on asbciiek (') orcrlimo will be balled at 1 b times the hourly
labor billing rates shown.
3 Project lime spent tr/ corporate officers will be hilted al the Level 17 ale plus 25 percent.
4 For outside expenses incurred by Burns & McDonr:ell, such as authori:_ed travel and SUbbistence and for services
rendered by others such as sul-;ontrarlers. the chest sl all pay the cos` to Burns & McDowiell plus 104%
5 Monthly invoices vvill t;2 submitted for payn enl covering services and C; perses during the preceding month(s),
Invoices are clue upon receipt. A lave payment chargo of 1.5Sb per rnonth will be added to ail amounts not peed
\vithin 30 days of the invoice dale
6 The seivices of contract/agency and or any personnel of a Burns & McDonnell subsidiary or affiliate shall be billed
to 0%veer according to the rale sheet as if such personnel is e direr..l employee of Borns n D&Donnell
7. The rates sho%,n ohovo are effective for services through December 31, 2018, and are subject to revision
thereafter_
f=orm BMR718A
FAIT) OF APPIsNDI\ A
C'il}•nl'I'rn•c t f eville, AR 1'aLe k3t, 4 Alm it 17,'818
�•{7' '�� ipay f '!i .. _a. ��„ . .71'.--��y• .-
f .f
°:t+ 4-:v y• �-tee? " •'�i. (��+ - +.a��4 � r� A�.:�§;:�: -�, � �_
•'-r ��..���� ih i. •,�• 'y �. Via. �h_ ._ wr
777
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i ;—;..•_t:,►�.:.�y:;:, ..7 ,� . ;+�•� it sir _ .
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,` .�417C" Cid ! • +� � `'�1� r' ..... 1
ARKANSAS STATE HIGHWAY COMMISSION & ArDOT /
INTERSTATE 49 AND WEDINGTON DRIVE INTERCHANGE
PROJECT Res 118-18
City of Fayetteville Staff Review Form
2018-0335
Legistar File ID
N/A
City Council Meeting Date-Agenda Item Only
NA for Non-Agenda Item
Tim Nyander 6/19/2018 WATER SEWER(720)
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff recommends approval of a Preliminary Engineering Services Agreement with the Arkansas State Highway
Y
Commission, acting by and through the Arkansas Department of Transportation, for the water and sewer
relocations associated with the Interstate 49/Wedington Drive interchange project.
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 $ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution# 118-18
Change Order Number: Approval Date: (0-A--(Y
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS STAFF MEMO
TO: Mayor Lioneld Jordan
•
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: June 18, 2018
SUBJECT: Arkansas Department of Transportation—Preliminary Engineering
Agreement for the Interstate 49/Wedington Drive Interchange Project
RECOMMENDATION:
Staff recommends approval of a Preliminary Engineering Services Agreement with the
Arkansas State Highway Commission, acting by and through the Arkansas Department of
Transportation, for the water and sewer relocations associated with the Interstate 49/Wedington
Drive interchange project.
BACKGROUND:
On June 5, 2018, City Council approved (by Resolution 118-18) an engineering services
agreement in the amount of $203,269.00 with Burns & McDonnell for engineering services
associated with the Arkansas Department of Transportation (ARDOT) interchange
improvements project at Interstate 49 and Wedington Drive.
DISCUSSION:
The proposed Preliminary Engineering Services Agreement with ARDOT is mandatory before
any engineering design work can begin on the water and sewer relocations related to the
Interstate 49/Wedington Drive interchange project (ARDOT Job BB0411). The agreement sets
forth the obligations of the ARDOT, the utility owner (City) and the consultant. Mayor Jordan's
signature is required first, and then the agreement will be sent to ARDOT for their signatures.
The $133,707.00 referenced in the Agreement for Preliminary Engineering Services applies to
potential (partial) reimbursement and does not match the City's contact amount of$203,269.00
with Burns McDonnell, as the City's contract includes "optional" engineering items not may not
be applicable toward reimbursement. ARDOT will include construction phase services in a later
agreement.
BUDGET/STAFF IMPACT:
None.
Attachments:
Proposed Preliminary Engineering Services Agreement
Resolution 118-18, Page 1
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
Rev.08/07/2017
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY-UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES
Job No 880411 FAP No. IM-NHPP-540-1(80)64
Job Location Hwy. 16/112 Utility Owner City of Fayetteville
Spur Intchng.Impvts. (S)
Route 49 Section 28 Consultant Burns&McDonnell
County Washington
S THIS AGREEMENT, made and entered into this 14-day of
20 ID , 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
Burns&McDonnell 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'I of 3
Rev.08/07/2017 Job 860411
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 $133,707.00.
(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 90 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 2of3
Rev.08/07/2017 Job 890411
City of Fayetteville
(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
TRA A - '• -
Lioneld Jordan
Name(Typed or Printed) (For) Director
Mayor ��/
Title 1� Right of =y Divis' n,Head
Ston. ure Section He-id-Utilities Section
71-6018462
FEDERAL TAXPAYER IDENTIFICATION#
Sondra Smith
Name(Typed or Printed)
City Clerk Treasurer
Title
yrmieetzt. L.
Signature �.+`�1 TRFps f,�
•` :' V` •�r'i
•��
LL'
•gRKaN o o
Page 3 of 3
rPr�Ic3� 7}
#flF�'� ' :
113 West Mountain Street
Fayetteville,AR 72701
(479)575-8323
Resolution: 118-18
File Number: 2018-0254
RFQ 18-01 BURNS& MCDONNELL ENGINEERING COMPANY, INC.:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ 18-01, FOR
ENGINEERING DESIGN SERVICES FOR THE WATER AND SEWER RELOCATIONS REQUIRED
BY THE ARKANSAS DEPARTMENT OF TRANSPORTATION INTERSTATE 49/WEDINGTON
DRIVE INTERCHANGE PROJECT IN THE AMOUNT OF $203,269.00, AND TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF$40,653.80
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 authorizes Mayor Jordan
to sign a professional engineering services agreement with Burns & McDonnell Engineering Company,
Inc., pursuant to RFQ 18-01, for engineering design services for the water and sewer relocations required
by the Arkansas Department of Transportation Interstate 49/Wedington Drive Interchange Project, and
further approves a project contingency in the amount of$40,653.80.
PASSED and APPROVED on 6/5/2018
Approved: Attest:
A,Air /
;Lot. 6., 42y..-
�onel Jordan, %_ •• Sondra E. Smith,City Clerk Treasurer
omittlit
ek.. 4(`t OF.14;
+u:vivETTE;Vi�:I E:,,
Page 1 Printed on 8/5/18