HomeMy WebLinkAbout119-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 119-18
File Number: 2018-0281
MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
MCCLELLAND CONSULTING ENGINEERS, INC. IN AN AMOUNT UP TO $128,930.00 FOR
ENGINEERING SERVICES ASSOCIATED WITH THE REPLACEMENT OF EXISTING WATER
MAINS ALONG NORTH COLLEGE AVENUE BETWEEN NORTH STREET AND EAST MILLSAP
ROAD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,786.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with McClelland Consulting Engineers, Inc. in an amount up to $128,930.00
for engineering services associated with the replacement of existing water mains along North College
Avenue between North Street and East Millsap Road, and further approves a project contingency in the
amount of $25,786.00.
PASSED and APPROVED on 6/5/2018
Page 1
Attest:
Lisa Branson, Deputy City C
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Printed on 616118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0281
Agenda Date: 6/5/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 3
MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN AN AMOUNT UP TO $128,930.00
FOR ENGINEERING SERVICES ASSOCIATED WITH THE REPLACEMENT OF EXISTING WATER
MAINS ALONG NORTH COLLEGE AVENUE BETWEEN NORTH STREET AND EAST MILLSAP
ROAD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,786.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with McClelland Consulting Engineers, Inc. in an amount up to $128,930.00 for
engineering services associated with the replacement of existing water mains along North College Avenue
between North Street and East Millsap Road, and further approves a project contingency in the amount of
$25,786.00.
City of Fayetteville, Arkansas Page 1 Printed on 6/6/2018
City of Fayetteville Staff Review Form
2018-0281
Legistar File ID
6/5/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 5/17/2018
Submitted By Submitted Date
Action Recommendation:
WATER SEWER (720)
Division / Department
Staff recommends the approval of a professional engineering services agreement with McClelland Consulting
Engineers, Inc. in the amount of $128,930.00 for engineering services associated with a water main replacement
on North College Avenue between North Street and Millsap Road, and approval of a contingency in the amount of
$25,786.00 for a total amount of $154,716.00.
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Budget Impact:
5400.720.5600-5314.00
Water and Sewer
Account Number
Fund
12009.1
Water System Rehabilitation/Replacement
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 6,757,704.00
Funds Obligated
$ 1,769,491.56
Current Balance
I $ 4,988,212.44
Does item have a cost? Yes
Item Cost
$ 154,716.00
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
$ 4,833,496.44
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
_ FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 5, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: May 17, 2018
CITY COUNCIL MEMO
SUBJECT: McClelland Consulting Engineers, Inc. — Professional Engineering Services
Agreement for the North College Avenue Water Main Replacement
RECOMMENDATION:
Staff recommends approval of a professional engineering services agreement with McClelland
Consulting Engineers, Inc. in the amount of $128,930.00 for the engineering services
associated with a water main replacement on North College Avenue between North Street
and E. Millsap Road, and approval of a contingency in the amount of $25,786.00 for a total
amni int of 4'.1 rid 71 R nn
BACKGROUND:
The existing water mains along and/or in North College Avenue from North Street to E.
Millsap Road are generally 8 -inch cast iron pipe and 6 -inch asbestos cement pipe from
approximately 1952-1953.
Due to maintenance problems, water leaks and to increase fire flow availability, water main
replacements are recommended. A study and engineering report to provide recommendations
and proposed costs of a phased replacement program is requested as part of the agreement.
DISCUSSION:
On March 1, 2018, the City of Fayetteville conducted a formal Engineering Selection
meeting RFQ 18-01. At this meeting the firm of McClelland Consulting Engineers was
selected for the proposed study and engineering report. The proposed agreement has been
reviewed by City staff.
BUDGET/STAFF IMPACT:
Funds are available in the Water System Rehabilitation/Replacement project.
Attachments:
Proposed Agreement
Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
North College Avenue Water Main Replacement from North Street to Millsap Road
THIS AGREEMENT is made as of June 5 , 2018, 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.
North College Avenue Water Main Replacement from North Street to Millsap 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
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.
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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.
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SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $128,930.00.
5.2 The CITY OF FAYETTEVILLE shall compensate ENGINEER based upon a unit
price or lump sum basis as described in Appendix A.
5.2.1 The maximum not -to -exceed amount authorized for this Agreement is based upon the
estimated fee scope, hours, costs and expenses per phase. The estimated fee
spreadsheets shall be included in Appendix A. The amount for any phase may be
more or less than the estimate, however the maximum not -to -exceed amount shall not
be exceed without a formal contract amendment.
5.3 Statements
5.3.1 Monthly statements for each calendar month shall be submitted to CITY OF
1,A Y ri> viLLF, consistem with hiNUITNEER. s normai ottnng scneauie. 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.
North College Avenue Water Main Replacement from North Street to Millsap Road
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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 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.
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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
North College Avenue Water Main Replacement from North Street to Millsap Road
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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.
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.
North College Avenue Water Main Replacement from North Street to Millsap Road
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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
North College Avenue Water Main Replacement from North Street to Millsap Road
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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;
North College Avenue Water Main Replacement from North Street to Millsap Road
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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.
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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
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n
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:
1b1U 1V01111 C'UnegC tXve11Ue
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.
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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 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:
North College Avenue Water Main Replacement from North Street to Millsap 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
North College Avenue Water Main Replacement from North Street to Millsap 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
North College Avenue Water Main Replacement from North Street to Millsap 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.
A l+ T:
By: )�k"
City Clerk TRr+������i
�!► E... �AS
tea,; LLE. r
McClellan onsuitin = Engineers, Inc. r .FA���E�1
`�._•
•►�,�••• 'ERIC AN�'�' p�'�•
Daniel Barnes, P.E./N -f
Title:.__ President Fayetteville _
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
North College Avenue lKiter }Main Replacement from Norlir Street to Millsap Road
A— 17
APPENDIX AA -1'
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
NORTH COLLEGE AVENUE WATER MAIN REPLACEMENT;
NORTH STREET TO MILLSAP ROAD
1.0 General
Generally, the scope of services includes design surveys and preliminary design services
for the existing water main replacement along the North College Avenue corridor,
from North Street to Millsap Road (approximately 2.7 miles). North College Avenue is a
44ane roadway with center turn lane, curb and gutter and storm drain system
throughout this corridor. In addition, the existing roadway is currently maintained by
ARDOT. The existing water main to be replaced through this corridor is as follows:
• North Street to Township Street — 8 -inch cast iron pipe (CIP), located generally
iinrinr niitor cniithhniinr-I Irmo of Kinrth rr%lInno 4xroniin,
• Township Street to Masonic Drive — 6 -inch asbestos cement (AC) pipe, located
generally under outer southgqund lane of North College Avenue;
• Masonic Drive to Millsap Road - $-inch CIP, located generally under outer
northbound lane of'North College Avenue
This corridor is highly developed with Adjacent utilities (water, sewer, drainage, and
franchise) located both;,under and parallel to North College Avenue. Following is a
description of the scope of5ervices to be provided by the ENGINEER.
2.0 Design Surveys
2.1 Conventional Surveys
The CITY OF FAYETTEVILLE Engineering Department has recently performed
LiDAR scans city wide as part of a stormwater utility study, which will include
high quality aerial imagery as well as definition of impervious areas. This data is
anticipated to be available in August 2018. ENGINEER will obtain this data from
the CITY OF FAYETTEVILLE for use in the development of Alternatives (Task 3.2),
ENGINEER will supplement the LiDAR data in the corridor with conventional
surveys as required. This shall include above ground utilities not captured by
the LiDAR data (fire hydrants, water valves, water meters, manholes, power
APPENDIX 'A-1' — SCOPE OF SERVICES A-1-1 North College Avenue Water Main Replacement
North Street to Millsap Road
poles, etc.) as well as underground utilities with flow lines (sanitary sewers,
storm sewers, etc.). This will include both publicly owned and privately owned
(franchise) utilities within the mapping corridor.
ENGINEER will also collect available information from ARDOT and establish the
North College Avenue right-of-way within the project corridor limits. It should
be noted that property ownership research and boundary surveys are not
included in this scope of services.
3.0 Preliminary Design
3.1 Data Collection/Coordination
ENGINEER will conduct a field evaluation of the existing water main and
identify potential conflicts. Available information from the CITY OF
FAYETTEVILLE, such as as -built drawings, 2015 contour data, GIS utility maps,
master plans, etc. will be obtained.
ENGINEER will coordinate with the CITY OF FAYETTEVILLE Engineering
Department on the roadway study and future redevelopment potential along
North College Avenue. ENGINEER will also coordinate with ARDOT regarding
future roadway improvements within the project corridor limits. Finally,
ENGINEER will coordinate with franchise utility companies to obtain readily
available mapping and related information for their respective facilities within
the project corridor.
3.2 Alternatives Development
Based the information and data obtained in Tasks 2.0 and 3.1, ENGINEER will
develop up to three alternatives for the water main replacement within the
project corridor limits. Factors to be considered in the development of
alternatives will include, but not be limited to:
• Utility conflicts;
• Fire protection on both sides of North College Avenue;
• Constructability;
• Other than open cut methods;
• Future roadway improvements;
• Future corridor redevelopment;
• Easement/right-of-way requirements
APPENDIX 'A-1' — SCOPE OF SERVICES A-1-2 North College Avenue Water Main Replacement
North Street to Millsap Road
ENGINEER will meet with the CITY OF FAYETTEVILLE to review the alternatives
to obtain comments/input prior to proceeding with the Engineering Report.
3.3 Engineering Report
ENGINEER will prepare an Engineering Report that will contain the following
items:
• Summary of Data Collected;
• Development/Discussion of Alternatives;
■ Opinion of Probable Construction Cost for Alternatives;
Recommended Alternative Selection;
• Preliminary Design Plans for Recommended Alternative showing the
following:
o Survey data and existing improvements;
o Existing and proposed right-of-way/easements based on readily
available information;
o Proposed horizontal alignment with stationing at 1"=50' scale or
■ Phasing Plan for Recommended Alternative
The draft Engineering Report will be submitted to the CITY OF FAYETTEVILLE
for review and comment. ENGINEER will meet with the CITY OF FAYETTEVILLE
to discuss comments and subsequently prepare a final Engineering Report with
a formal response to comments. One hard copy and digital (PDF) copy of the
draft and final Engineering Report will be provided to the CITY OF
FAYETTEVILLE.
4.0 Property Surveys, Property Mapping, and Easement Preparation Services
The scope of these services for this Task may be added with a future
amendment to this agreement.
5.0 Final Design and Bidding Services
The scope of these services for this Task may be added with a future
amendment to this agreement.
APPENDIX'A-1' —SCOPE OF SERVICES A-1-3 North College Avenue Water Main Replacement
North Street to Millsap Road
6.0 Construction Phase Services
The scope of these services for this Task may be added with a future
amendment to this agreement.
7.0 Extra Work
The following items are not included under this agreement but will be
considered as extra work:
■ Evaluation of more than three alternatives;
• Public meetings/hearings;
• Coordination with individual property owners or stakeholder groups;
• Environmental Assessment
Extra work will be as directed by the CITY OF FAYETTEVILLE in writing for an additional
fee as agreed upon with the ENGINEER.
8.0 Schedule
ENGINEER 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:
Task Description
2.0 Design Surveys
2.1 Conventional Surveys
3.0 Preliminary Design
3.1 Data Collection/Coordination
3.2 Alternatives Development
3.3 Engineering Report
Draft Report Submittal
City Review of Draft Report
Final Report Submittal
Calendar Days*
60 days from NTP
Concurrent with Task 2.1
60 days from completion of Task 3.1
30 days from completion of Task 3.2
30 days from draft report submittal
15 days after review meeting
* Schedule provided is contingent upon receipt of LiDAR data from CITY OF
FAYETTEVILLE by end of August 2018.
APPENDIX'A-1' —SCOPE OF SERVICES A-1-4 North College Avenue Water Main Replacement
North Street to Millsap Road
APPENDIX'A-2'
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
NORTH COLLEGE AVENUE WATER MAIN REPLACEMENT;
NORTH STREET TO MILLSAP ROAD
1.0 General
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an amount
equal to the cumulative hours charged to the Project for each class of ENGINEER's
employees multiplied by ENGINEER's Hourly Rates as shown on the attached
Exhibit "1", plus approved Reimbursable Expenses and ENGINEER's Consultant charges.
ENGINEER's Hourly Rates as shown on the attached Exhibit 1" shall be adjusted
annually each January 1. For ENGINEER's Consultant charges, the CITY OF
FAYETTEVILLE shall pay the ENGINEER the amount billed to the ENGINEER times a
factor of 1.10.
The Hourly Rates used as a basis for payment means salaries and wages (basic and
incentive) paid to all personnel engaged directly on the PROJECT, including, but not
limited to engineers, architects, surveyors, designers, draftsman, specification writers,
estimators, other technical personnel, typists, and clerks; plus the cost of customary
and statutory benefits including, but not limited to social security contributions,
unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto;
plus operating margin or profit, non -project operating costs, and all general and
administrative overhead costs, including, but not limited to furnishing and
maintaining office facilities, furniture, utilities, vehicles and equipment.
2.0 Basic Services
Payment by CITY OF FAYETTEVILLE based on ENGINEER's Hourly Rates shall
approximate the following schedule. Payment for a specific phase shall not exceed the
scheduled amount prior to completion of that phase. Underruns in one phase may be
used to offset overruns in another phase as along as the contract amount is not
exceeded.
APPENDIX 'A-2' — COMPENSATION A-2-1 North College Avenue Water Main Replacement
North Street to Millsap Road
Task 2.0 — Design Surveys $50,600.00
Task 3.0 — Preliminary Design $72,580.00
Subtotal Basic Services $123,180.00
3.0 Additional Services
Any and all Additional Services must be approved, and maximum amount to be paid
for said services agreed to, in writing by CITY OF FAYETTEVILLE prior to rendering of
same. CITY OF FAYETTEVILLE shall pay ENGINEER for Additional Services rendered an
amount equal to the cumulative hours charged to the Project for each class of
ENGINEER's employees multiplied by ENGINEER's Hourly Rates as shown on the
attached Exhibit "1", plus approved Reimbursable Expenses and ENGINEER's
Consultant charges, if any. For ENGINEER's Consultant charges, the CITY OF
FAYETTEVILLE shall pay the ENGINEER the amount billed to the ENGINEER times a
factor of 1.10.
4.0 Reimbursable Expenses
CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable Expenses
incurred in connection with Basic and Additional Services. Reimbursable Expenses
must by approved the CITY OF FAYETTEVILLE prior to the incurrence of such expenses
The estimated amount of Reimbursable Expenses, to be incurred in connection with
Basic Services is $5,750.00. Overtime salary costs are not considered Reimbursable
Expenses.
5.0 Maximum Contract Amount
The maximum payment to the ENGINEER for Basic Services and Reimbursable
Expenses under this Agreement shall not exceed 128,930.00.
6.0 Invoicing
ENGINEER shall submit invoices monthly for service rendered and expenses borne.
APPENDIX 'A-2' — COMPENSATION A-2-2 North College Avenue Water Main Replacement
North Street to Millsap Road
EXHIBIT "1"
North College Avenue Water Main Replacement - North Street to Millsap Road
Y•l**Mr Fee Estimate
Date: 05-14-2018
■�■�� McCLEtLAND
C CONSULTING
ENGINEERS, INC_
Task Des[ript6on
Drindpal
Engineer
Sr Protect
Manager
Protect
DKfgnCrlfl
Constr. Ob, VI
Chief
Craftsman
Survey Tech.
11
Reg• larv!
URveyarlV
Survey
(24%n or
Otfice Admin
Extended Cost
52(10.00
5270.00
5100.60
5110.00
595.00
570,00
5110.00
$160.00
$60.00
� p�c�gn survr,�rs
2.1 Conventional 5urveyt
$0.00
Establish horizontal/vertical control
16.00
$2,560.00
Coordinate with Arkups
8.00
16.00
$3,440.00
Mapping of Surface/Subsurface Features
184-00
$29,440.00
Processing/Drafting
160.00
$11,200-00
Quality Control
20.00
$2,200.00
Project Management
16.00
$1.760.00
Sub total Manhours/Fee
3.0 Preliminary Oeslan
0.00
0.00
0.00
0.00
0.00
160.00
44.00
216.00
0.00
$50,600.00
3.1 Data Collection/Coordination
$0.00
Obtain data from City (as-builts, GIS maps, etc.)
2.00
6-00
51,020.00
Conduct field evaluation
8.00
16.00
$3,280.00
Identify affected utilities
4.00
16.00
6.00
$3,200.00
Coordinate with City Engineer
2.00
16.00
16,00
55,360.00
Coordinate with ARDOT
1.00
4.00
4.00
$1,440.00
3.2 Alternatives Development
$0.00
Develop evaluation factors
1.00
2.00
2.00
$820.00
Develop alternative alignments (3 max)
4.00
16.00
40.00
20.00
S10,060.00
Constructability review of alternatives
4.00
8.00
$1,680.00
Prepare alternative exhibits
1.00
4,00
16,00
24.00
$4,920.00
Meet with City to review alternatives
2.00
2.00
2.00
$1,020.00
3.3 Engineering Report
50.00
Develop OPCCs for alternatives
1.00
4.00
16.00
$2,640.00
Prepare draft Engineering Report
2.00
16.00
46.00
8.00
59,040.00
Prelim Design Plans for Recommended Alternative
12.00
40.00
80.00
$14,120.00
Review meeting with City
2100
2.00
2.00
$1,020-00
Address comments from City
4.00
8-00
8.00
$2,400.00
Prepare final Engineering Report
4.00
8.00
4.00
$1,680.00
Quality Control
2.00
8.00
8.00
52,880.00
Project Management
8.00
20.00
$5,800.00
Sub total Manhours/See
TOW Estimated Manhours/Professional Fees
ULJMated Reimbursable Expenses
Mileage
ArkUps
Prinl.n7
30.00
30.00
128.00
128.00
248.00
248.00
8.00
8.00
140.00
140.00
0.00
160.00
0.00
44.00
0.00
216.00
12.00
12.00
$72,580.00
$123,180.00
$250.00
$51000.00
SSW=
Total Estimated Reimbursable Expenses
GRAND TOTAL CONTRACT (MOTTO EXCEEDI
$5,750,00
$128,930.00
011M 11 II
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