HomeMy WebLinkAbout2019-03-12 - Agendas - Final
Water, Sewer, and Solid Waste Committee
March 12, 2019
5:30 P.M.
(Or immediately following Equipment Committee Session)
City Hall – Room 326
Committee: Chairman Mark Kinion; Council Member Sonia Gutierrez, Council Member Sloan
Scroggin, Council Member Teresa Turk
Copy to: Mayor Lioneld Jordan, Don Marr, Paul Becker, Sondra Smith, Susan Norton, Chris
Brown, Alan Pugh, Terry Gulley, Peter Nierengarten, Jeff Coles, Brian Pugh, Mark
Rogers, Corey Granderson, Aaron Watkins, Greg Weeks, Mayo Miller, Tim Luther,
John Turley
From: Tim Nyander, Utilities Director
____________________________________________________________________________
CALL TO ORDER
ROLL CALL
OLD BUSINESS:
1. Advanced Metering Infrastructure and Jacobs Engineering
At the March 2019 Water & Sewer Committee Meeting, the committee was informed that the
Utilities Department would be working toward transitioning to automated water metering in
the future. AMI is a driver to increase efficiency, and it is a method by which the utility can
have 2-way communication with the water meter. This technology will allow the customer to
track their water usage and assist the utility in leak detection. On January 31, 2019 an
engineering selection committee was convened, and Jacobs Engineering was selected to
assist the City in implementing an AMI system. Jacobs has the expertise to assist the City in
selecting a new metering system and implementing a customized program. A scope of
services and an estimated cost of $248,350 has been submitted.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
2. Gully Tank Site Land Sale
The City-owned land that contains the Gulley Road water tank is adjacent to an Ozarks
Electric Cooperative Corporation “Ozarks” electric substation. Due to the underground
utilities inside the substation property, Ozarks has requested that they City of Fayetteville
sell them a small portion of land to place a building for fiber infrastructure in addition to an
access easement. The proposed land sale would include 3,123 square feet of the southwest
portion of the City’s Gulley Road water tank property. Approximately 960 square feet would
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be used for the fiber building and would be sold for the amount of $3,450.00. Approximately
2,163 square feet would be used for an access easement and would be sold for the amount
of $1,937.50. The total proposed land sale would be for the sum of $5,387.50. The water
tank is located across the access road that runs through the City property and the land sale
would not affect the water tank, piping, or any future plans or improvements to the water
tank.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
NEW BUSINESS:
3. Noland Aerator Motor Rebuilds (4 units)
The Noland Treatment Facility utilizes a series of eight aerator mixers per the east and west
basin-trains for supplying dissolved oxygen to the biological nutrient removal reactors. The
eight units operate in series using a combination of four large and four medium aerator
mixers; these aerator mixers are powered respectively by a series of 100 hp and 50 hp drive
motors. In recent years these 30+yr old mixers have required over-haul corrective
maintenance.
Recently four aerator mixers, one (1) large and three (3) medium, were pulled for
disassembly inspection and repair proposals. The motors for these units were shipped to
Electric Motor Center in Springdale, AR for disassembly and repair inspections. Electric
Motor Center has been the vendor consistently used to perform the other motor rebuilds in
recent years. Electric Motor Center submitted a repair proposal of $12,830.67 in repairs to
the four aerator motors.
Because it was necessary to have the certified repair facility disassemble the units to
determine the extent of hidden and unknown damage to equipment already purchased, staff
will be citing Arkansas Procurement Law R6:19-11-203, Subsection 14 (EE) “hidden or
unknown damages” to avoid requiring formal sealed bidding.
4. Lift-station #10 (716 Futrall Drive) Generator Replacement
The Futrall Drive lift station is one of several stations that pumps untreated influent to the
West Side Treatment Facility. The station’s emergency back-up generator has been known
for some time to be undersized for optimal operation. Although the current genset has been
capable of ensuring back-up power for nearly 10 years, its size has led to the unit reaching
its life expectancy. Heavy wear of operations has led to unreliability of the generator’s back-
up power capabilities. Presently staff must be called out to the station any time the back-up
generator is called for to ensure proper operations. Considering the generator’s unreliability
and need for technician call outs a replacement genset system is recommended. Although
the Futrall Drive lift station has been ear-marked to be decommissioned in the future, the
timeframe of this activity is indeterminate. In the meantime, the lift station still needs a
reliable source of back-up emergency power. The proposed generator has been selected
such that it can be easily repurposed in the future as an emergency power source at either a
water or wastewater stations as needed.
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Through the Sourcewell Cooperative Purchasing Agreement, Riggs CAT recently submitted
a quote of $26,965 for a 50 kW Caterpillar brand generator that meets required technical
specifications.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
5. Lift-station #12 (571 N Double Springs Road) Generator Replacement
The Farmington lift station, off Double Springs Rd, pumps untreated influent from the
neighboring community of Farmington to the West Side Treatment Facility. The station’s
emergency back-up generator is over 10 years old and its make and model are known to be
obsolete with unavailability of repair parts and services. This circumstance leaves the aged
generator vulnerable to single-point of failure from any component failure. Considering
unavailability of repair parts, or outside repair services, and the resultant vulnerability of a lift
station overflow a replacement genset system is recommended.
Through the Sourcewell Cooperative Purchasing Agreement, Riggs CAT of Springdale
recently submitted a quote of $102,545 for a 400 kW Caterpillar brand generator that meets
required technical specifications
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
6. BMS Fill Auger & Heat/Exhaust Scrubber-Condenser Unit Replacements
Staff recommends replacement of the Fill Auger Assembly and the Exhaust Scrubber-
Condenser Assembly for thermal drying biosolids, by A.I.T. Services Inc. at the Biosolids
Management Site in the amount of $43,870.00 plus applicable freight and taxes.
The thermal dryer has been in operation for 6 ½ years and several major system
components are reaching their life expectancy. Recent inspections have identified
significant corrosion damage of galvanized steel components of the Fill Auger and Exhaust
Scrubber-Condenser Assemblies. These assemblies are fabricated on a per order basis
resulting in very long lead times. If either assembly were to fail the thermal dryer down time
could generate nearly $100,000 in landfill fees per month while waiting for parts fabrication
and delivery. Replacement of the Fill Auger and Exhaust Scrubber-Condenser are
recommended to extend the life of these critical system components for up to 5 more years.
7. Replacement of an Influent Pump’s Rotating Assembly and Repair of the Drive
Motor by Electric Motor Center for the Paul R Noland WWTP.
The Noland Treatment Facility utilizes a series of six dry-pit pumps and 3 submersible
pumps to feed influent through the treatment process. In recent years these 30-year old
pumps have been systematically removed and overhauled.
Recently one pump was pulled for disassembly inspection and repair proposals. The unit
was shipped to Electric Motor Center in Springdale, AR for disassembly and repair
inspections. Electric Motor Center has been the vendor consistently used to perform the
other influent motor-pump rebuilds in recent years. Electric Motor Center’s inspection found
the pump’s motor drive to be repairable, whereas the pump was too badly worn to be
repaired and needs to be replaced. The vendor has submitted a repair proposal consisting
of motor-drive repairs and replacement of the pump’s rotating assembly. Staff recommends
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completion of the $22,929.95 in proposed repairs to the influent pump. This
replacement/repair will represent the final over-haul of Station #1’s six dry-pit pumps.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
8. Noland Roof Replacement
About a year ago, the City engaged Polk Stanley Wilcox Architectural Firm to provide plans
and specifications for the reroof project at Noland WWTP. After two unsuccessful biddings it
was decided to adjust the specifications and re-bid the project. Bids were advertised and
received Feb. 13 th. Franklin & Son Roofing from Farmington submitted the lowest bid at
$195,000.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
9. Contract Amendment No. 2 McClelland Consulting Engineers Design of
Morningside Drive Waterline $18,082.00
Resolution 205-17 permitted McClelland Consulting Engineers (MCE) to proceed with
design work for utility relocations along Highway-16 (15th Street) between S. College Ave.
and Huntsville Rd. Subsequently, resolution 45-18 increased MCE’s scope to include design
of a 24” waterline replacement along Morningside Dr. from 15th Street to Huntsville Rd. This
24” waterline is in need of replacement due to age, material, and frequency of leaks.
The original intent was to bid this project at one time, both the Highway-16 relocations and
the 24” waterline along Morningside. However, the Arkansas Department of Transportation
(ArDOT) will not quickly be progressing with the Highway-16 widening project and city staff
recommends bidding the 24” Waterline project as soon as possible to avoid further leaks or
failure of this waterline.
This proposed Contract Amendment No. 2 covers MCE’s costs associated with separating
this project into a stand-alone plan-set, specification, and bid package.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
10. McClelland Consulting Engineers Engineering Services Agreement for Design of
24” Gravity Sewer line Near Fulbright Expressway $19,300.00
The City of West Fork and the City of Fayetteville have reached an agreement to allow West
Fork to decommission their wastewater treatment plant and send their flow to the City of
Fayetteville Noland WRRF. West Fork will be funding this project primarily through state
grant monies. A portion of the proposed sewer line is also on the City of Fayetteville’s
master plan which presents an opportunity to cost-share in order to build the line at the
proper size for the future needs of this area.
This contract is for the additional engineering design work required for this upsize and cost-
share, beyond the scope of work McClelland is already performing for West Fork.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
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11. Garver Engineers, Engineering Services Agreement for Waterline Design on S.
Garland Ave. and Rolling Hills Dr. $246,450.00
On January 31, 2019, Garver Engineers was formally selected to provide on-call waterline
design work for the City of Fayetteville. This engineering services contract is for design and
construction phase services for two waterline replacement projects for lines that are in poor
condition and need frequent repair.
The first project is on S. Garland Ave. between 15th Street and Cato Springs Road, replacing
approximately 2,200-LF of 6-inch Cast Iron and Ductile Iron waterline with 8-inch PVC. The
second project is on Rolling Hills Dr. near Oaks Manor Dr., replacing approximately 1,000-
LF of 6-inch Cast Iron Pipe with 8-inch PVC.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
12. Fire Flow Standby Fee Ordinance Change
Staff recommends the revision of monthly standby fire protection service charges to be
based on the smaller of the incoming water line size or the backflow preventer.
A fire flow standby fee is paid by a customer that has an unmetered fire sprinkler system.
The monthly fee is paid in lieu of a meter. Water meters are not installed in fire lines
because there is a risk of the meter failing and not allowing water to flow in the event of a
fire. Current standby fees, per Ordinance 1165, Section 1, are “applicable to the stand-by
line size.” This has been determined to be the line size coming into the facility.
The actual water amount delivered by a fire protection system is limited by the smallest line
size in the supply. The incoming water line size may not be the smallest. In some cases, the
backflow preventer is the limiting size appurtenance in the protection system. The charges
for these systems should be based on the amount of water that can be delivered to the
system which often may be limited by the backflow assembly instead of the incoming line.
When the Water and Sewer ordinance was updated in 2007 or 2008, it included a 3%
increase in water and sewer rates annually. This has also included fire line charges. Over
the years, this increase has outpaced our sister cities fire line charges. Changes to the
Water and Sewer Ordinance are recommended.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
13. Insituform Technologies - Contract Renewal and Contract Amendment
Resolution 18-22 approved a contract with Insituform Technologies, Inc. for as-needed
rehabilitation of sanitary sewer mains using the cured-in-place pipe method. Subsequently,
resolution 144-18 approved a change order to add additional funds and scope to their work.
This contract allows the city to renew these terms, on a yearly basis for up to four years.
This contract renewal represents the first renewal year and would also include a contract
amendment to the 00001 Certification section of the contract to remove Jim Beavers’
professional engineering seal (now retired) and replace with Corey Granderson’s seal (new
Utilities Engineer). The renewal would be for the full 2018 estimated costs (including
Change Order No. 1) not to exceed $528,693.55.
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STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
14. Jacobs Engineering, Engineering Services Agreement for Design of Aeration
Basin Gate Replacement at Noland WRRF $71,150
On November 16, 2018, Jacobs Engineering was formally selected to design the
replacement of two aeration-basin gates located under a reinforced concrete slab. The
existing gates are inaccessible and are leaking, replacement is needed so that the plant
may remain fully operational throughout this work. This contract includes design and
construction phase services.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
15. Cost Over-run for Sweetbriar Park Streambank Repairs
Cost over-runs were incurred by the Watershed Conservation Resource Center (WCRC)
during the repair of damage to a previously restored streambank at Sweetbriar Park where a
water main traverses the stream channel of Niokaska Creek. The goals of the original
stream restoration project were to reduce streambank erosion, protect park land and civil
infrastructure, enhance aquatic and terrestrial habitat, and improve the park aesthetics. The
WCRC implemented natural channel design principles that resulted in a reduction of
sediment and nutrient loadings to the stream.
The project suffered damage from excessive flooding in April of 2017. In order to meet the
original project goals and create an enduring repair, additional field engineering was
required to address unanticipated challenges during construction. Unanticipated challenges
in the field included realignment of the cross-vane arm to improve flow redirection capability,
placement of imbricated fill in the area between the vane arm and the streambank, filling
between the vane structure and the site infrastructure, and integrating the repair into existing
portions of the project that were unaffected by flooding.
Addressing these challenges required more field time for the project engineer and project
manager than was estimated during the initial budgeting process. Additionally, creating a
robust riparian area and energy dissipation controls required additional design and an
increase in labor costs for installation. As a result, labor expenses for the project exceeded
the approved budgeted amount by $12,160.31.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
16. Claim 1753 E. Zion Road
On the afternoon of February 5, 2019 roots caused a sanitary sewer overflow into the Park
Lake Apartments units 1 and 3 located at 1753 E. Zion Rd. This caused damage to the
flooring, drywall, cabinets and bathroom vanities in both units. Servepro was called
immediately for emergency sewer mitigation. The cost for this mitigation is $5,753.45. The
apartment management has collected bids for restoration work, and it is expected to cost
$7,216.75. for a total cost of $12,970.20.
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STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
17. Cost Share
South School Ave and West South St. – Mike Baumann has requested that the City share in
the cost of extending sewer service to 3 planned townhomes of infill development. This cost
share is presented as a 50/50 cost share for approximately 280 feet of 8-inch sewer line.
The estimated cost of the cost share is $37,190.
Capital Projects Update
At this meeting, the Director and staff will describe current and future capital projects in
water distribution, sewer collection and wastewater treatment.
Number Project Description Contractor Cost %
Complete
1 Hwy 170 Water & Sewer Relocations, Farmington (Study) Garver $19,900 100%
2 Gregg, Poplar and Easy Street Sewer Improvements (Construction) Goodwin & Goodwin $618,862 99%
3 Electrical Improvements for the Noland WWTP (Design) Allgeier Martin $528,054 93%
4 Utility Relocates Hwy 16 and Morningside Drive (Design) McClelland $184,404 90%
5 Kitty Creek Sewer Line Project (Design) McClelland $275,873 90%
6 Goshen/Benson Mtn. Water Tank Improvements (Design) Hawkins‐Weir $130,280 95%
7 I‐49/Wedington Interchange water and sewer relocations (Design) Burns & McDonnell $203,269 90%
8 2018 Water Tank inspection and water quality analysis (Study) Garver $154,000 75%
9 Rupple Road Water Line – Owl Creek and South (Construction) Goodwin & Goodwin $281,831 68%
10 East Service Area water system (Design) MWY/Olsson $573,309 60%
11 Hickory/Skelton/Shiloh Water Line Replacement (Construction) Tri‐Star $817,492 55%
12 North College Water Main Evaluation (Study) McClelland $128,930 40%
13 Fulbright/Gregg Sewer Main Replacement (Study) Hawkins‐Weir $19,900 35%
14 Masters Lift Station Removal (Construction) Kajacs $1,067,000 0%
15 Sang Avenue/Pleasant Woods/Maple‐Oliver (Construction ‐ Pre Bid) Kajacs $1,361,405 0%
16 Annual Cured in Place Pipe (sewer) contract (2019) Insituform TBD 0%
17 Annual Cured in Place Pipe (sewer) contract (2019) Insituform TBD 0%
PRESENTATIONS
ATTACHMENTS
Jacobs AMI Agreement
Gulley Tank Site Land Sale
Noland Aerators Repair Quotes
Lift Station #10 Generator Quote
Lift Station#12 Generator Quote
BMS Auger/Scrubber Quote
Noland Influent Pump Quote
Noland Reroof Quote & Bid Tabulation
McClelland Agreement for Morningside
McClelland Agreement for WF Cost Share
Garver On-Call Agreement
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Fireline Fee Ordinance Change
Fireline Picture #1
Fireline Picture #2
Insituform CO#1
Insituform CO
Noland Aeration Gate Repair
Sweet Briar Park Repair
Zion Road Claim
Cost Share Quotes
ADJOURN
Next Water, Sewer, Solid Waste Committee meets on
Tuesday, April 9th, 2019, 5:30 p.m., Room 326.
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
_______________________________________
MCCLELLAND CONSULTING ENGINEERS, INC.
_______________________________________
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THIS AGREEMENT is made as of __________________, 2019, 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.
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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 $19,400.00.
5.2 The CITY OF FAYETTEVILLE shall compensate ENGINEER based upon a unit
price or lump sum basis as described in Appendix A.
5.2.1 The maximum not-to-exceed amount authorized for this Agreement is based upon the
estimated fee scope, hours, costs and expenses per phase. The estimated fee
spreadsheets shall be included in Appendix A. The amount for any phase may be
more or less than the estimate, however the maximum not-to-exceed amount shall not
be exceed without a formal contract amendment.
5.3 Statements
5.3.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE consistent with ENGINEER’s normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be made in accordance with a format to be
developed by ENGINEER and approved by CITY OF FAYETTEVILLE.
Applications for payment shall be accompanied each month by the updated project
schedule. Final payment for professional services shall be made upon CITY OF
FAYETTEVILLE’s approval and acceptance with the satisfactory completion of the
professional engineering services.
5.4 Payments
5.4.1 All statements are payable upon receipt and generally due within thirty (30) days. If a
portion of ENGINEER’s statement is disputed by CITY OF FAYETTEVILLE, the
undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date.
CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any
disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable
effort to pay invoices within 30 days of date the invoice is approved, however,
payment within 30 days is not guaranteed.
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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 Limits of Liability
Workers’ Compensation Statutory
Employers’ Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of
the specified insurance within ten days of the date of this Agreement and upon each
renewal of coverage.
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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
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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.
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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
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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;
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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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conflict between the sealed original drawings/hard copies and the electronic files, the
sealed drawings/hard copies will govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the
appropriate party at the following addresses:
CITY OF FAYETTEVILLE’s address:
113 West Mountain
Fayetteville, AR 72701
ENGINEER’s address:
1810 North College Avenue
Fayetteville, Arkansas 72703
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.
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
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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.
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
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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:
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
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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
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
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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
records containing information about CITY OF FAYETTEVILLE water system
customers.
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IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its
Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of
the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor, Lioneld Jordan
ATTEST:
By:
City Clerk
McClelland Consulting Engineers, Inc.
By:
Daniel Barnes, P.E.
Title: President, Fayetteville
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
APPENDIX ‘A-1’ – Scope of Services A-1-1 12-Inch Sanitary Sewer Replacement
APPENDIX 'A-1'
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
12-INCH SANITARY SEWER REPLACEMENT
1. Scope of Project
a. Replace approximately 3,000 linear feet (LF) of existing 12-inch sanitary sewer
main from Manhole W-(06)44 to Manhole W-(06)33. The 2014 Master Plan
Update by RJN Group recommends an 18-inch sewer main in this area; however,
a 24-inch sewer main will be designed for this project, which will accommodate
sewer flows from both CITY OF FAYETTEVILLE and City of West Fork. This
project will be incorporated into the construction documents for the City of West
Fork’s sewer connection to the CITY OF FAYETTEVILLE. The City of West
Fork will be responsible for the design/construction of the 15-inch sewer main;
the CITY OF FAYETTEVILLE will only be responsible for the cost to upsize
from a 15-inch to 24-inch sewer main. The project includes the Fulbright
Expressway crossing, which will be installed by other than open cut methods. The
ENGINEER is currently under contract with the City of West Fork to design the
15-inch sewer main, which will be included in the construction documents as a
deductive bid alternate to allow for the cost difference to be determined.
b. The upgrade will be completed to replace existing line segments from Manhole
W-(06)044 to the tie-in south of Manhole W-(06)033. The tie-in point at the
upstream project limit will be coordinated with the existing sewer infrastructure.
c. Evaluate trenchless technologies to complete construction in the areas with
limited access, in addition to environmentally sensitive areas.
d. Obtain required regulatory agency permits (including Arkansas Department of
Environmental Quality, Arkansas Department of Health and U.S. Army Corps of
Engineers). In addition, follow the requirements outlined in the CITY OF
FAYETTEVILLE’s Streamside Protection Ordinance.
e. Prepare construction phasing plans necessary to maintain continued traffic flow at
all times for road crossings, unless agreed otherwise with the CITY OF
FAYETTEVILLE. It is anticipated all roadway crossings will be bored as to not
damage existing pavement.
APPENDIX ‘A-1’ – Scope of Services A-1-2 12-Inch Sanitary Sewer Replacement
2. Basic Services
The Scope of Services of the ENGINEER as described in the Agreement are further
defined and described hereinafter.
3. Conceptual Design Phase - 30%
a. Prepare plan drawings (horizontal alignment) showing all existing facilities.
b. Prepare plans and data including the following information:
(1) Survey data, centerline and stations, existing improvements, boring
locations, bench marks, existing and proposed easements and right-of-
way, temporary construction easements and structures.
(2) Proposed horizontal alignment.
(3) Prepare estimate of probable construction costs for primary and alternate
designs (trenchless construction methods) including unit cost and total
cost.
c. Submit 30% plans to CITY OF FAYETTEVILLE for review and comment.
Attend design review meeting and conduct a site walk through with CITY OF
FAYETTEVILLE.
4. Final Design Phase - 100%
a. Prepare plan and profile drawings showing all existing facilities. Horizontal scale
of drawings to be 1”=50’ or larger and vertical scale to be 1”=5’. Prepare final
design plans to incorporate 30% design comments and include the following:
(1) Design and layout all proposed sanitary sewer horizontal and vertical
alignment on plan and profile sheets. Show existing utilities and
associated depths.
(2) Draft notes on plans to fully describe the construction work to be
performed.
(3) Prepare recommendations for sequence of construction and prepare layout
of construction phasing and use of trenchless technologies.
b. Easement documents and appraisals will be prepared under ENGINEER’s
contract with City of West Fork and provided to CITY OF FAYETTEVILLE. It is
assumed that the CITY OF FAYETTEVILLE will negotiate and acquire
APPENDIX ‘A-1’ – Scope of Services A-1-3 12-Inch Sanitary Sewer Replacement
easements required for the 24-inch sewer main; however, ENGINEER can
provide these services under the contract with City of West Fork if requested.
c. Prepare construction details which depict all typical items utilizing the CITY OF
FAYETTEVILLE format and standard detail drawings where applicable.
d. Prepare non-standard construction details and specifications as required.
e. Provide construction bid proposal form for 24-inch sewer main items and
incorporate into bid documents.
f. Necessary permits and agency submittals are included in ENGINEER’s contract
with City of West Fork.
g. Prepare estimate of probable construction costs for the 24-inch sewer main upsize.
h. Attend final design review meeting with CITY OF FAYETTEVILLE and obtain
approvals prior to submittal to Arkansas Department of Health.
5. Bidding Services
a. Bidding services are included in ENGINEER’s contract with the City of West
Fork. The following items specifically related to the 24-inch sewer main are
included in this scope of work with the CITY OF FAYETTEVILLE.
b. Respond to questions from Bidders related to the 24-inch sewer main.
c. Prepare addenda items as required related to the 24-inch sewer main.
d. Tabulate CITY OF FAYETTEVILLE’s required portion of overall project cost.
6. Construction Administration
a. Construction administration services are included in ENGINEER’s contract with
the City of West Fork. The following items specifically related to the 24-inch
sewer main are included in this scope of work with the CITY OF
FAYETTEVILLE.
b. Review Contractor’s Requests for Information (RFIs) related to the 24-inch sewer
main and issue clarifications as required.
APPENDIX ‘A-1’ – Scope of Services A-1-4 12-Inch Sanitary Sewer Replacement
c. Assist the CITY OF FAYETTEVILLE with the final inspection walk-through for
the 24-inch sewer main. Develop a punch list of outstanding items.
d. Prepare record drawings of the 24-inch sewer main based upon information
furnished by the Contractor and field representatives, and provide to CITY OF
FAYETTEVILLE in AutoCAD and PDF format.
7. Construction Observation
a. Construction observation services are included in ENGINEER’s contract with the
City of West Fork.
8. Project Deliverables
a. Digital submission (email attachment, digital download or digital media CD,
thumb drive, etc.) and one hard copy of the Concept Plans (30%), design report
and cost estimates.
b. Digital submission and one hard copy of the Final Plans, design report, cost
estimates and other supporting documents.
c. Digital submission and one hard copy of the revised Final Plans, design summary,
cost estimates and other supporting documents.
d. Digital submission of the Final Plans and Specifications to the Contractor.
e. Digital submission and one hard copy of the right-of-way plans, easements and
acquisition documents.
f. Digital submission of the approved shop drawings and submittals from the
Contractor for items related to the 24-inch sewer main.
g. Digital submission and one hard copy of the Record Drawings for the 24-inch
sewer main.
h. Other electronic files as requested.
i. Hard copies of plans submitted shall be full-size (i.e., 22” x 34”).
APPENDIX ‘A-1’ – Scope of Services A-1-5 12-Inch Sanitary Sewer Replacement
9. General
a. All sewer construction shall follow the guidelines described in the CITY OF
FAYETTEVILLE Sewer Design Standards.
a. Plans shall be reducible, and legible, to scalable half size plans on 11" x 17"
sheets.
b. Provide digital submittal of preliminary and final design documents such as plan
and profile designs in a file format compatible with the current AutoCAD release
used by the CITY OF FAYETTEVILLE, as requested.
c. Provide digital submittal of record drawings in PDF and AutoCAD formats.
d. Attend meetings with Owner and Agencies for plan review, project coordination
and right-of-way.
10. The services specified for the various phases of the Agreement shall be completed and all
stipulated documents shall be submitted to the OWNER in accordance with the project
schedule below:
Begin Design Notice to Proceed Issued by Owner
Submit 30% Design for Review/Comment 2 weeks from notice to proceed
Submit 100% Design for Review/Comment 4 weeks from 30% review meeting
Submit to ADH for review and approval Concurrent with West Fork
Construction Documents
Advertise for Bids Concurrent with West Fork
Construction Documents
11. The ENGINEER should anticipate a 30 calendar day review period by the CITY OF
FAYETTEVILLE between the completion of one phase and the beginning of the
following phase. Additional time may be required for review by agencies.
12. The plans, specifications and contract documents authorized by this Agreement shall be
prepared to allow construction bids to be received and construction to be performed
under one construction contract.
13. Subcontracting of services by the ENGINEER shall have prior approval of the OWNER.
APPENDIX ‘A-2’ – Compensation A-2-1 12-Inch Sanitary Sewer Replacement
APPENDIX 'A-2'
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
12-INCH SANITARY SEWER REPLACEMENT
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, if any.
ENGINEER’s Hourly Rates as shown on the attached Exhibit “1” shall be adjusted annually
each January 1. For ENGINEER’s Consultant charges, the CITY OF FAYETTEVILLE shall
pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
Basic Services: Payment by CITY OF FAYETTEVILLE based on ENGINEER’s Hourly
Rates shall approximate the following schedule. Payment for a specific phase shall not exceed
the scheduled amount prior to completion of that phase. Underruns in one phase may be used
to offset overruns in another phase as long as the contract amount is not exceeded.
Conceptual Design Phase - 30% Design $8,570.00
Final Design Phase - 100% Design $7,930.00
Bidding Services $540.00
Construction Administration $2,260.00
Construction Observation $0.00
SUB-TOTAL Basic Services $19,300.00
Additional Services: Any and all Additional Services must be approved, and maximum
amount to be paid for said services agreed to, in writing by CITY OF FAYETTEVILLE prior
to rendering of same. CITY OF FAYETTEVILLE shall pay ENGINEER for Additional
Services rendered an amount equal to the cumulative hours charged to the Project for each
class of ENGINEER’s employees multiplied by ENGINEER’S Hourly Rates as shown on the
Attached Exhibit “1”, plus approved Reimbursable Expenses and ENGINEER’S Consultant
charges, if any. For ENGINEER’s Consultant charges, the CITY OF FAYETTEVILLE shall
pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable Expenses
incurred in connection with Basic and Additional Services. Reimbursable Expenses must be
approved by the CITY OF FAYETTEVILLE prior to the incurrence of such expenses. The
APPENDIX ‘A-2’ – Compensation A-2-2 12-Inch Sanitary Sewer Replacement
estimated amount of Reimbursable Expenses to be incurred in connection with Basic Services
is:
SUB-TOTAL Reimbursable Expenses $100.00
The maximum payment to the ENGINEER for Basic Services and Reimbursable Expenses
under this Agreement shall not exceed $19,400.00
ENGINEER shall submit invoices monthly for services rendered and expenses borne. The
invoices shall be accompanied by a copy of the timesheets for all ENGINEER’s personnel
working on the project.
The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive)
paid to all personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, surveyors, designers, draftsman, specification writers, estimators, other
technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory
benefits including, but not limited to, social security contributions, unemployment, excise and
payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto; plus operating margin or profit, non-project
operating costs, and all general and administrative overhead costs, including but not limited
to, furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection
with the PROJECT for printing and reproduction costs and ENGINEER’s consultant charges.
Any and all expenditures for reimbursable expenses must be approved by the CITY OF
FAYETTEVILLE prior to rendering or obtaining same. Overtime salary costs are not
considered Reimbursable Expenses.
FEE ESTIMATE
12‐INCH SANITARY SEWER REPLACEMENT
Manhour Fee Estimate
2/22/2019
Task Description Sr Project
Manager V
Project
Engineer II Draftsman II Extended Cost
$210.00 $135.00 $95.00
Conceptual Design Phase ‐ 30% Design
Conduct field evaluation 4.00 4.00 $1,380.00
Prepare horizontal alignment 1.00 4.00 10.00 $1,700.00
Evaluate trenchless technologies 2.00 4.00 $960.00
Prepare estimate of probable construction costs 1.00 4.00 $750.00
Prepare plan sheets 2.00 8.00 24.00 $3,780.00
Sub total Manhours / Fee 10.00 24.00 34.00 $8,570.00
Final Design Phase ‐ 100% Design
Adjust horizontal alignment 1.00 2.00 4.00 $860.00
Prepare vertical alignment 2.00 4.00 8.00 $1,720.00
Prepare construction plan notes 2.00 2.00 $460.00
Prepare recommendation for sequence of construction 2.00 $270.00
Develop erosion control plans 2.00 8.00 $1,030.00
Prepare non standard construction details 1.00 4.00 4.00 $1,130.00
Prepare non standard construction specs 1.00 4.00 $750.00
Develop quantity and bid form 1.00 $135.00
Prepare estimate of probable construction cost 1.00 $135.00
Meetings with Owner 2.00 2.00 $690.00
Project management 1.00 4.00 $750.00
Sub total Manhours / Fee 8.00 28.00 26.00 $7,930.00
Bidding Services
Respond to Questions during Bidding 2.00 $270.00
Prepare/Issue Addenda 1.00 $135.00
Tabluate cost share 1.00 $135.00
Sub total Manhours / Fee 0.00 4.00 0.00 $540.00
Construction Administration
Respond to RFIs 1.00 2.00 $480.00
Final inspection/punch list preparation 4.00 $540.00
As‐ built construction documents 1.00 2.00 8.00 $1,240.00
Sub total Manhours / Fee 2.00 8.00 8.00 $2,260.00
Total Estimated Manhours / Professional Fees 20.00 64.00 68.00 $19,300.00
Estimated Reimbursable Expenses
Mileage $100.00
Easement Search (Included in Contract with West Fork) $0.00
ADH Review Fee (Included in Contract with West Fork)$0.00
Total Estimated Reimbursable Expenses $100.00
2:24 PM Page 1 of 1 2/22/2019
Supplemental Agreement No. 2
Highway 16 Utility Relocations
Date: ________________
WHEREAS, the CITY OF FAYETTEVILLE and McClelland Consulting Engineers, Inc.
(ENGINEER) entered into an Agreement for Professional Engineering Services
(AGREEMENT) on October 3, 2017; and,
WHEREAS, the CITY OF FAYETTEVILLE has requested that ENGINEER perform additional
services outside of the scope of the AGREEMENT.
NOW THEREFORE, the following modifications will be made to the AGREEMENT to
include the additional services requested:
MODIFICATIONS:
1. Section 2.1.1 – the additional scope of services are included in the attached
Appendix “A-2”.
2. Section 5.1 – the maximum not-to-exceed amount is increased from $173,689.82 to
$191,771.82. Modifications to compensation are included in the attached
Appendix “B-4”.
IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 2, to be
effective on the date set out above.
McClelland Consulting Engineers, Inc. City of Fayetteville, Arkansas
BY:____________________________ BY:_______________________________
Daniel Barnes, PE Mayor Lioneld Jordan
President, Fayetteville Office
Appendix A‐2 – Scope of Additional Services Page 1 of 2
24” Water Main Final Design and Bid Services
APPENDIX A‐2 – SCOPE OF ADDITIONAL SERVICES
SUPPLEMENTAL AGREEMENT NO. 2 – 24” WATER MAIN FINAL DESIGN AND BID SERVICES
1.1 General
The scope of additional services includes preparation of Final Design Plans, Project Specifications, Bid
Documents and bidding services for the 24” water main at Morningside Drive to be bid as a separate
and distinct project from the Highway 16 utility relocations. This project is anticipated to be complete or
under construction when the Highway 16 relocation work is performed.
1.2 Design Surveys, Preliminary Design, Final Design and Bidding Services
1.2.1 Design Surveys
MCE will complete additional topographic surveys in the following areas due to changes that
occurred during the course of the design of the 24” water main:
Connection of a new road (Swift Drive)to Morningside Drive and associated drainage
infrastructure associated with the Park Meadows development.
Installation of new power poles in the vicinity of the 24” water main associated with the
Park Meadows development.
Additional survey at Huntsville/Morningside intersection to account for future widening
at the intersection as well as tie‐ins to existing water mains.
1.2.2 Preliminary Design
Preliminary design services were included in Supplemental Agreement No. 1.
1.2.3 Final Design
Based on review comments provided by the City on the 90% plans, the Final Design and Project
Specifications for the 24” water main relocation shall be completed and prepared for release as
a distinct, stand‐alone package. Design deliverables shall be the same as included in the Original
Agreement dated October 3, 2017. Additional coordination with the Park Meadows
development will be required to account for future widening of Morningside Drive.
1.2.4 Bidding Phase
Design and bid documents will be prepared and bid out as one distinct, complete project. This
shall include attendance at the pre‐bid meeting and bid opening, tabulation of bids, and
recommendation of award. Response to bidder questions and issuance of addenda was included
in Supplemental Agreement No. 1.
1.3 Property Surveys, Property Mapping, Easement Mapping and Easement Preparation Services
In Supplemental Agreement No. 1, it was assumed that the permanent easement adjacent to
the Park Meadows development would be dedicated by plat. Due to the timing of this project, a
permanent easement will need to be acquired from the developer. In addition, permanent
easements will be required north of Huntsville Road and south of Highway 16 for the 24” water
Appendix A‐2 – Scope of Additional Services Page 2 of 2
24” Water Main Final Design and Bid Services
main tie‐in points that were not included in the original agreement. Therefore, a total of three
new permanent easements are included, which shall include property surveys, mapping, and
preparation of easement documents and exhibits.
1.4 Storm Water Pollution Prevention Plan Services
This work was included in Supplemental Agreement No. 1.
1.5 Geotechnical Services
This work was included in Supplemental Agreement No. 1.
1.6 Construction Phase Services
The scope of Construction Phase Services will be added with a future amendment to this
agreement.
1.7 Extra Work
The following items are not included under this agreement but will be considered as extra work:
1. Redesign for the City’s convenience or due to changed conditions after prior approval or
conflicting direction from the City or from ARDOT.
2. Submittals or deliverables in addition to those listed in Section 1.2.2.
3. Environmental Assessment.
4. Work related to environmentally or historically (culturally) significant items.
Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as
agreed upon by the City of Fayetteville and MCE.
1.8 Schedule
The same schedule as defined in the Original Agreement dated October 3, 2017 will be
maintained. Updates or modification to this schedule will be coordinated between the Owner
and Engineer and agreed upon in writing.
Labor Classification Time/Hours Labor Rate Extended
Sr Project Manager V 8.00 $60.00 $480.00
Project Manager III 36.00 $40.00 $1,440.00
Project Designer III 40.00 $30.00 $1,200.00
Chief Draftsman 24.00 $27.00 $648.00
Survey Tech. II 28.00 $22.00 $616.00
Reg. Land Surveyor IV 16.00 $40.00 $640.00
Field Survey 1‐Man 24.00 $27.00 $648.00
Office Admin 12.00 $20.00
$240.00
Direct Labor Subtotal $5,912.00
Overhead 164.03% $9,697.00
Subtotal $15,609.00
Fixed Fee 12%$1,873.00
Subtotal Labor Costs $17,482.00
Amount
$50.00
$50.00
$500.00
$600.00
$18,082.00
* One (1) ADH Review Fee of $500 included in Original Agreement.
Total Costs ‐ Design Surveys, Final Design, Easements, and Bidding Phase
Mileage
Printing
ADH Review Fee*
Total Estimated Reimbursable Expenses
Appendix B‐4 Fee Proposal ‐ Supplemental Agreement No. 2
Appendix B‐4
Design Surveys, Final Design, Easements and Bidding Assistance
In Conjunction with the 24" Water Main Relocation along
Morningside Drive
Fayetteville, Arkansas
Manhours
EXPENSES
Estimated Reimbursable Expenses
2/27/2019
FEE ESTIMATE
Supplemental Agreement No. 2 ‐ 24" Water Main Final Design and Bidding
Manhour Fee Estimate
Date: 02‐27‐2019
Task Description Sr Project
Manager V
Project
Manager III
Project
Designer III
Chief
Draftsman
Survey Tech.
II
Reg. Land
Surveyor IV
Field Survey 1‐
Man Office Admin
Design Surveys
Complete mapping of surface features 16.00
Drafting 8.00
Quality control 2.00
Project Management 2.00
Sub total Manhours / Fee 0.00 0.00 0.00 0.00 8.00 4.00 16.00 0.00
Final Design
Adjust horizontal alignment 2.00 4.00 8.00
Adjust vertical alignment 2.00 6.00 12.00
Coordinate with Developer's Engineer on Potential
Conflicts 1.00 4.00 4.00
Prepare recommendation for sequence of construction 2.00 4.00
Coordinate easement requirements 2.00 2.00
Develop quantity and bid form 1.00 2.00
Assemble Project Manual 1.00 4.00 8.00
Prepare estimate of probable construction cost 1.00 2.00
Submit to ADH for review/approval 2.00 4.00
Reply to ADH comments 1.00 2.00 2.00
ArDOT coordination/permitting 1.00 4.00 2.00
Utility coordination 1.00 2.00 2.00
Meetings with Owner 2.00 2.00
Project management 1.00 4.00
Sub total Manhours / Fee 6.00 30.00 36.00 24.00 0.00 0.00 0.00 8.00
SWPPP Services
Complete SWPPP
Prepare NOI
Sub total Manhours / Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Bidding Phase
Respond to Questions during bidding
Prepare/Issue Addenda
Pre‐bid meeting 2.00 2.00
Bid Opening 2.00 2.00
Bid tabulation and recommendation 2.00 2.00 4.00
Sub total Manhours / Fee 2.00 6.00 4.00 0.00 0.00 0.00 0.00 4.00
Property Surveys, Mapping and Easments
Assemble survey plats, subdivision plats, deeds, etc.4.00 2.00
Tie property pins / Field Crew 8.00
Drafting / Data Processing 4.00
Boundary Resolution 4.00
Exhibit A Map Preparation (Estimate of 3)8.00 4.00
Prepare easement description (Estimate of 3)4.00 2.00
Sub total Manhours / Fee 0.00 0.00 0.00 0.00 20.00 12.00 8.00 0.00
Total Estimated Manhours / Professional Fees 8.00 36.00 40.00 24.00 28.00 16.00 24.00 12.00
Page 1 of 1
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
Garver Contract – Professional Engineering Services 1 2/26/2019
THIS AGREEMENT is made as of , 2019, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
GARVER, LLC (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision 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.
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 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 services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the 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:
Garver Contract – Professional Engineering Services 2 2/26/2019
3.1.1 Provide full information as to CITY OF FAYETTEVILLE’s requirements for the
Project.
3.1.2 Assist ENGINEER by placing at ENGINEER’s disposal all available information
pertinent to the assignment including previous reports and any other data relative
thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for
ENGINEER to perform his services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 Provide such professional legal, accounting, financial, and insurance counseling services
as may be required for the Project.
3.1.6 The Utilities Services Director is the CITY OF FAYETTEVILLE’s project
representative with respect to the services to be performed under this Agreement. The
Utilities Services Director shall have complete authority to transmit instructions, receive
information, interpret and define CITY OF FAYETTEVILLE’s policies and decisions
with respect to materials, equipment, elements and systems to be used in the Project, and
other matters pertinent to the services covered by this Agreement.
3.1.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and
provide written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. ENGINEER will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services are to be completed. The
anticipated schedule for this project is included as Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not-to-exceed amount authorized for this Agreement shall be as described in
Appendix A and Appendix B.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER’S normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract – Professional Engineering Services 3 2/26/2019
shall be accompanied each month by the updated project schedule as the basis for
determining the value earned as the work is accomplished. Final payment for
professional services shall be made upon CITY OF FAYETTEVILLE’s approval and
acceptance with the satisfactory completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER’s statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF
FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed
portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to
pay invoices within 30 days of date the invoice is approved, however, payment within
30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Agreement, except claims which are specifically exempted by
ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by
State law or otherwise expressly agreed to by the parties to this Agreement, final
payment under this Agreement or settlement upon termination of this Agreement shall
not constitute a waiver of CITY OF FAYETTEVILLE’s claims against ENGINEER or
his sureties under this Agreement or applicable performance and payment bonds, if any.
SECTION 6 - GENERAL 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 Limits of Liability
Workers’ Compensation Statutory
Employers’ Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal
of coverage.
Garver Contract – Professional Engineering Services 4 2/26/2019
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
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 consequences of such a defect. CITY OF
FAYETTEVILLE retains all remedies to recover for its damages caused by any
negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs
and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on ENGINEER’s experience,
qualifications, and judgment as a design professional. Since ENGINEER has no control
over weather, cost and availability of labor, material and equipment, labor productivity,
construction Contractors’ procedures and methods, unavoidable delays, construction
Contractors’ methods of determining prices, economic conditions, competitive bidding
or market conditions, and other factors affecting such cost opinions or projections,
ENGINEER does not guarantee that actual rates, costs, performance, schedules, and
related items will not vary from cost opinions and projections prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general
scope of ENGINEER’s services, with an appropriate change in compensation and
schedule only after Fayetteville City Council approval of such proposed changes and,
upon execution of a mutually acceptable amendment or change order signed by the
Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of
ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure by the other party to fulfill its obligations under this
Agreement through no fault of the terminating party, provided that no termination may
be effected unless the other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
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:
Garver Contract – Professional Engineering Services 5 2/26/2019
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable
adjustment in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other
work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover
any additional costs to CITY OF FAYETTEVILLE because of ENGINEER’s
default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a
reasonable profit for services or other work performed. The equitable adjustment for
any termination shall provide for payment to ENGINEER for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by ENGINEER relating to commitments which had become firm
prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 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
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.
Garver Contract – Professional Engineering Services 6 2/26/2019
6.7 Rights and Benefits
6.7.1 ENGINEER’s services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way
are related to, this Agreement, including, but not limited to the interpretation of this
Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF
FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes
concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior
to exhaustion of these procedures, such action shall be stayed, upon application by either
party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4
have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based, the
party seeking relief shall serve the other party with a written Notice;
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or
first observance of defect or damage. In both instances, the Notice shall specify the
nature and amount of relief sought, the reason relief should be granted, and the
appropriate portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY
OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If
the dispute cannot be resolved at that level, then, upon written request of either side, the
matter shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such
other location as is agreed upon within 30 days of the written request to resolve the
dispute.
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
Garver Contract – Professional Engineering Services 7 2/26/2019
may require deletion of proprietary data or confidential information from such
publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold
approval. The cost of ENGINEER’s activities pertaining to any such publication shall be
for ENGINEER’s account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from
and against any and all loss where loss is caused or incurred or alleged to be caused or
incurred in whole or in part as a result of the negligence or other actionable fault of the
Contractors, or their employees, agents, Subcontractors, and Suppliers.
6.12 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 Engineering documents, drawings, and specifications prepared by ENGINEER as part of
the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER
has been compensated for all Services rendered, provided, however, that ENGINEER
shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights
in its standard drawings details, specifications, databases, computer software, and other
proprietary property. Rights to intellectual property developed, utilized, or modified in
the performance of the Services shall remain the property of ENGINEER.
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 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:
125 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER’s address:
2049 E. Joyce Blvd, Suite 400
Fayetteville, Arkansas 72703
Garver Contract – Professional Engineering Services 8 2/26/2019
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.
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 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 review, approval or acceptance of, nor payment for any of the
services shall be construed as a waiver of any rights under this Agreement or of any cause
of action arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER’s negligent performance
of any of the services furnished under this Agreement except for errors, omissions or
other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER’s obligations under this clause are in addition to ENGINEER’s other express
or implied assurances under this Agreement or State law and in no way diminish any
other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty
materials, equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter-claims,
disputes and other matters in question between CITY OF FAYETTEVILLE and
ENGINEER arising out of or relating to this Agreement or the breach thereof will be
Garver Contract – Professional Engineering Services 9 2/26/2019
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:
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.
Garver Contract – Professional Engineering Services 10 2/26/2019
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
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 do everything possible to 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS ENGINEER
By:_______________________________ By:_______________________________
Mayor, Lioneld Jordan Vice President, Joe Dollerschell
ATTEST:
By: ______________________________ By: ______________________________
City Clerk Senior Project Manager, Chris Buntin
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Appendix A - Scope of Services 1 of 9 19W01110
On-Call Water Projects
APPENDIX A – SCOPE OF SERVICES – Revised
1. General
Generally, the scope of services includes professional services (including but not limited to surveying,
environmental, design, and preparation of property acquisition documents, bidding support, and
construction support services) for various water line replacement projects on an on-call basis for CITY
OF FAYETTEVILLE owned facilities.
1.1. Task Order 1 – South Brooks Avenue between West 15th Street (Arkansas State Highway 16)
and West Walker Street and South Garland Avenue between West Boone Street and West
Cato Springs Road
Task Order 1 includes replacement of approximately 450 linear feet of 6-inch ductile iron (DI) water line
(South Brooks) and 1,750 linear feet of 6-inch cast iron pipe (CIP) water line with 8-inch polyvinyl
chloride (PVC) water line (South Garland Avenue). The scope of services assumes the 8-inch water
line will be located on the west side of South Brooks Avenue and mostly inside the existing right of way.
The scope of services assumes preparing property acquisition documents for a maximum of three
parcels. The scope of services also assumes abstractor record research for three parcels and property
surveys for a maximum of 24 parcels. Task Order 1 and Task Order 2 will be combined into a single
set of contract documents (one set of plans and specifications) for a single construction contract. For
purposes of establishing the cost of construction phase services, the scope of services assumes the
construction contract time is 90 calendar days for substantial completion and 120 calendar days for
final completion.
1.2. Task Order 2 – East Rolling Hills Drive between East Oaks Manor Drive and North Sheryl
Avenue
Task Order 2 includes replacement of approximately 1,000 linear feet of 6-inch CIP water line with 8-
inch PVC water line. The 8-inch water line will be located on the south side of East Rolling Hills Drive
and outside the existing right of way, as required to accommodate potential storm sewer improvements
resulting from the CITY OF FAYETTEVILLE bond projects. The ENGINEER will coordinate water
improvements by the CITY OF FAYETTEVILLE at the intersection of East Rolling Hills Drive and East
Oaks Manor. The scope of services also assumes abstractor record research, property surveys, and
preparing property acquisition documents for a maximum of nine parcels.
1.3. Future Task Order(s) – May be added by Contract Amendment
2. Surveys
2.1. Design Surveys
ENGINEER will provide field survey data for designing the project, and this survey will be tied to
Arkansas State Plane Coordinates.
ENGINEER will conduct field surveys, utilizing radial topography methods, at intervals and for distances
at and/or along the project site as appropriate for modeling the existing ground, including locations of
pertinent features or improvements. ENGINEER will locate buildings and other structures, streets,
drainage features, trees over eight inches in diameter, visible utilities as well as those underground
utilities marked by their CITY OF FAYETTEVILLEs and/or representatives, and any other pertinent
topographic features that may be present at and/or along the project site. ENGINEER will establish
control points for use during construction. The ENGINEER will not provide construction staking, and
the construction contractor will be responsible for construction staking.
Appendix A - Scope of Services 2 of 9 19W01110
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ENGINEER will coordinate and field verify CITY OF FAYETTEVILLE facilities prior to utility surveys.
The CITY OF FAYETTEVILLE will spot dig and verify utilities if needed and as requested by the
ENGINEER. THE ENGINEER will survey any utilities excavated by the CITY OF FAYETTEVILLE.
2.2. Property Surveys
ENGINEER will locate existing monumentation representing right of way and/or easements based on
record data which will be provided by an abstractor under a subconsultant agreement with ENGINEER.
If applicable to the task order, the ENGINEER will obtain right of way mapping from the Arkansas
Department of Transportation (ARDOT) and locate monumentation.
3. Geotechnical Services – Not Used
4. Environmental Services
ENGINEER will accomplish the following.
A. For task orders impacting waters of the state, the ENGINEER will perform a wetlands
delineation along the project limits, submit a wetland report to the US Army Corps of Engineers
(USACE), and request authorization to proceed under a nationwide 404 permit. Preparation
of an individual 404 permit is Extra Work. If waters of the state are impacted, the scope of
services assumes the USACE will coordinate clearance with the Arkansas State Historic
Preservation Office (SHPO).
B. For all task orders, the ENGINEER will prepare a preliminary habitat assessment and prepare
and submit an initial clearance letter to U.S. Fish and Wildlife Services (USFWS).
C. For task orders with surface disturbance areas greater than one acre, the ENGINEER will
prepare a stormwater pollution prevention plan (SWPPP). If the area exceeds five acres, the
ENGINEER will obtain approval of the SWPPP with the Arkansas Department of Environmental
Quality (ADEQ) and pay the $200 review fee to ADEQ. Regardless of the disturbance area, all
task orders will include erosion control plans and details.
D. For task orders with disturbances to waters of the state, the ENGINEER will prepare and obtain
short term activity authorization(s) (STAA) from ADEQ. The ENGINEER will also pay the ADEQ
fees, $150 per each stream crossing for municipalities.
5. Conceptual Design
ENGINEER will accomplish the following.
A. Prepare conceptual water line relocations. The drawings will include a cover sheet, general
sheet (legend, notes and survey control), plan and profile key map, and water relocation plans
(1”=20’ full size scale). The water relocation plans will provide space for profiles. However,
profile information will be excluded from the conceptual design. The drawings will exclude
traffic control, erosion control, and construction details. The conceptual design will represent
approximately 30 percent of final construction contract plans and exclude any specifications.
B. Prepare an opinion of probable construction cost. The costs will include a contingency range
from -30% to +50% for construction completion, and the cost will include an estimated cost for
easements.
C. Submit the draft conceptual drawings, cost, and schedule to construction completion to the
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CITY OF FAYETTEVILLE for review and comment. The ENGINEER will conduct a workshop
with the CITY OF FAYETTEVILLE to review and discuss the conceptual design, and the
ENGINEER will incorporate CITY OF FAYETTEVILLE review comments into the final design.
6. Final Design
ENGINEER will accomplish the following.
A. Conduct final designs to prepare construction plans and specifications, for one construction
contract, including final construction details and quantities, special provisions, and opinion of
probable construction cost with a contingency range from -10 percent to +15 percent for
construction completion, and the cost will include an estimated cost for easements. The
ENGINEER will use CITY OF FAYETTEVILLE standard front end documents, including bid
information, agreement, bonds and certificates, general conditions, supplementary conditions,
and general requirements. The final plans will include details and erosion control plans and
details. ENGINEER will also make any needed plan changes as a result of special easement
acquisition considerations, and prepare the construction documents as required to advertise
for bids. If work is required within the ARDOT right of way, the final plans will include traffic
control plan(s) and details. The CITY OF FAYETTVILLE will excavate test pits at locations
requested by the ENGINEER to review soil, groundwater, and rock conditions for design and
cost estimating.
B. Conduct a meeting with the CITY OF FAYETTEVILLE to review and discuss the final design.
ENGINEER will also coordinate and confirm existing utility locations and construction
requirements with known utilities electronically. Upon incorporating CITY OF FAYETTEVILLE
review comments, the ENGINEER will submit and coordinate approval with the Arkansas
Department of Health (ADH). ENGINEER will pay the ADH review fee in the amount of $200.
If work is required within the ARDOT right of way, the ENGINEER will prepare and coordinate
approval of the ARDOT Utility Permit. The CITY OF FAYETTEVILLE will maintain a standing
bond with the ARDOT, and the CITY OF FAYETTEVILLE will increase the bond amount if
required by ARDOT.
7. Property Acquisition Documents
ENGINEER will provide mapping as required for preparing easement acquisition documents for the
CITY OF FAYETTEVILLE’s use in acquiring the property. Documentation will include an individual
tract map with description of temporary and permanent acquisition for each property. The CITY OF
FAYETTEVILLE will provide a standard easement acquisition document or “go-by” example for use by
ENGINEER. The ENGINEER will stake easements at locations requested by the CITY OF
FAYETTEVILLE.
8. Bidding Services
During the bidding phase of the project, ENGINEER will:
A. Prepare and submit advertisement for bids to the CITY OF FAYETTEVILLE for publication by
the CITY OF FAYETTEVILLE. The CITY OF FAYETTEVILLE will pay advertising costs outside
of this contract.
B. Provide construction contract documents to the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will provide construction contract documents to prospective bidders.
C. Support the contract documents by preparing addenda as appropriate. The CITY OF
FAYETTEVILLE will issue addenda to prospective bidders.
Appendix A - Scope of Services 4 of 9 19W01110
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D. Participate in a pre-bid meeting.
E. Attend the bid opening.
F. Evaluate bids and recommend award. The CITY OF FAYETTEVILLE will prepare the bid
tabulation.
G. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and contractor.
The construction constracts will include addenda, and the ENGINEER will not conform the
construction documents to reflect addenda.
9. Construction Phase Services
During the construction phase of work, ENGINEER will accomplish the following:
A. Issue a Notice to Proceed letter to the Contractor and prepare and conduct a preconstruction
meeting.
B. Evaluate and respond to construction material submittals and shop drawings. Corrections or
comments made by ENGINEER on the shop drawings during this review will not relieve Contractor
from compliance with requirements of the drawings and specifications. The check will only be for
review of general conformance with the design concept of the project and general compliance with
the information given in the contract documents. The Contractor will be responsible for confirming
and correlating all quantities and dimensions, selecting fabrication processes and techniques of
construction, coordinating his work with that of all other trades, and performing his work in a safe
and satisfactory manner. ENGINEER’s review shall not constitute approval of safety
precautions or constitute approval of construction means, methods, techniques, sequences,
procedures, or assembly of various components. When certification of performance
characteristics of materials, systems or equipment is required by the Contract Documents,
either directly or implied for a complete and workable system, ENGINEER shall be entitled to
rely upon such submittal or implied certification to establish that the materials, systems or
equipment will meet the performance criteria required by the Contract Documents.
C. Issue instructions to the Contractor on behalf of the CITY OF FAYETTEVILLE and issue
necessary clarifications (respond to requests for information (RFIs) regarding the construction
contract documents.
D. Review the Contractor’s progress payment requests based on the actual quantities of contract
items completed and accepted, and will make a recommendation to the CITY OF
FAYETTEVILLE regarding payment. ENGINEER’s recommendation for payment shall not be
a representation that ENGINEER has made exhaustive or continuous inspections to (1) check
the quality or exact quantities of the Work; (2) to review billings from Subcontractors and
material suppliers to substantiate the Contractor’s right to payment; or (3) to ascertain how the
Contractor has used money previously paid to the Contractor.
E. Maintain a set of working drawings and prepare and furnish record drawings.
F. Provide part-time resident construction observation services for the contract performance time.
The proposed fee is based on approximately 4 hours per day, 5 days per week, during the
construction contract performance time. If the construction time extends beyond the time
established in this agreement or if the CITY OF FAYETTEVILLE wishes to increase the time
or frequency of the observation, the CITY OF FAYETTEVILLE will pay ENGINEER an
additional fee agreed to by the CITY OF FAYETTEVILLE and ENGINEER. If the CITY OF
FAYETTEVILLE wishes to decrease the time or frequency of observation, the proposed fee
will decrease accordingly. The ENGINEER will rely upon observations provided by the CITY
OF FAYETTEVILLE.
G. Provide up to 8 hours of survey crew time for field checking quantities and contractor’s layout
per each Task Order. The ENGINEER will not be responsible for the contractor’s means and
methods, and the ENGINEER will act as the CITY OF FAYETTEVILLE’s resresentative as
defined in the general conditions section of the contract documents.
H. When authorized by the CITY OF FAYETTEVILLE, prepare change orders for changes in the
work from that originally provided for in the construction contract documents. If redesign or
substantial engineering or surveying is required in the preparation of these change order
Appendix A - Scope of Services 5 of 9 19W01110
On-Call Water Projects
documents, the CITY OF FAYETTEVILLE will pay ENGINEER an additional fee to be agreed
upon by the CITY OF FAYETTEVILLE and ENGINEER.
I. Participate in final project inspection, prepare punch list, review final project closing documents,
and review and recommend final pay request.
Construction observation services will be provided by ENGINEER’s Resident Project Representative
(RPR), who will provide or accomplish the following:
A. Consult with and advise the CITY OF FAYETTEVILLE during the construction period.
B. Coordinate with the firm providing construction materials quality assurance testing under
separate contract with the CITY OF FAYETTEVILLE.
C. Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings
and submittals, and other appropriate information.
D. Maintain a project diary which will contain information pertinent to each site visit.
The proposed fee for Construction Phase Services is based on the construction contract performance
time. If the construction time extends beyond the time established in this agreement, and the CITY OF
FAYETTEVILLE wishes ENGINEER to continue the applicable Construction Phase Services, the CITY
OF FAYETTEVILLE will pay ENGINEER an additional fee agreed to by the CITY OF FAYETTEVILLE
and ENGINEER.
In performing construction observation services, ENGINEER will endeavor to protect the CITY OF
FAYETTEVILLE against defects and deficiencies in the work of the Contractor(s); but ENGINEER cannot
guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of
construction operations or for the safety measures that the Contractor(s) takes or should take. However,
if at any time during construction ENGINEER observes that the Contractor’s work does not comply with
the construction contract documents, the ENGINEER will reject defective work in accordance with the
general conditions section of the contract documents.
10. Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE, or others as indicated, by ENGINEER:
E. One full size copy and one half size copy of the drawings, opinion of probable construction
cost, and electronic pdf of the drawings and cost.
F. One full size copy and one half size copy of the drawings, one hard copy of the specifications
(bid information, agreement, bonds and certificates, general conditions, supplementary
conditions, and general requirements, supplementary conditions, and technical specifications),
opinion of probable construction cost, and electronic pdf of the drawings, specifications, and
cost.
G. Two full size copies to the ADH.
H. Electronic pdf of Utility Permit to ARDOT.
I. Electronic pdf of the bid documents (drawings and specifications).
J. Electronic pdf of Final Design to utilities.
K. Hard and electronic copies of documents as required by USACE, USFWS, ADEQ, and SHPO.
L. Three copies of the construction contract documents for execution by the CITY OF
FAYETTEVILLE and the contractor.
M. One full size copy of the executed construction contract documents (drawings and
specificaitons with addenda) three copies to the contractor.
N. One full size and electronic pdf and AutoCAD file of the record drawings.
O. Use of these materials for modification, extension, or expansion of this Project or on any other
project, unless under the direction of GARVER, shall be without liability to GARVER and
GARVER's consultants.
Appendix A - Scope of Services 6 of 9 19W01110
On-Call Water Projects
11. Extra Work
The following items are not included under this agreement but will be considered as extra work:
A. Redesign for the CITY OF FAYETTEVILLE’s convenience or due to changed conditions after
previous alternate direction and/or approval.
B. Submittals, deliverables, or meetings in addition to those listed herein.
C. Design of any utilities relocation other than water.
D. Retaining walls or other significant structural design beyond that required for water relocation.
E. Construction materials testing.
F. Geotechnical Services.
G. Any environmental beyond items under Environmental Services, including but not limited to
wetland mitigation, cultural resource surveys, threatened and endangered species surveys,
tribal coordination, Clean Water Act Section 401 Water Quality Certifications, work with
USFWS beyond initial coordination approval, ADEQ permitting beyond SWPPP and STAA,
and all other items that may be requested.
H. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
I. Services after construction, such as warranty follow-up.
J. Legal and litigation services.
K. Permits and approvals in addition to those listed herein.
Extra Work will be as directed by the CITY OF FAYETTEVILLE in writing for an addition fee as agreed
upon by the CITY OF FAYETTEVILLE and ENGINEER.
12. Schedule
ENGINEER shall begin work under this Agreement within ten (10) days of a Notice to Proceed and
shall complete the work in accordance with the schedule below:
12.1 Task Order 1 and 12.2 Task Order 2
Phase Description Calendar Days
Surveys – Design and Property 30 days from start and record research
Conceptual Design 30 days from Surveys
Property Acquisition Documents 14 days from Conceptual Design Approval
Environmental Services 30 days from Conceptual Design Approval
Final Design 45 days from Conceptual Design Approval
12.3. Future Task Order(s) – May be added by Contract Amendment
13. Payment
For the work described under APPENDIX A - SCOPE OF SERVICES (except for property record research
and as may be modified for additional services required), the Owner will pay the Engineer on an hourly
Appendix A - Scope of Services 7 of 9 19W01110
On-Call Water Projects
rate basis. The Owner represents that funding sources are in place with the available funds necessary
to pay the Engineer.
If any payment due the Engineer under this agreement is not received within 60 days from date of
invoice, the Engineer may elect to suspend services under this agreement without penalty or liquidated
damages assessed from the Owner.
Appendix A - Scope of Services 8 of 9 19W01110
On-Call Water Projects
The table below presents a summary of the fee amounts and fee types for this contract.
Task Order 1
WORK DESCRIPTION ESTIMATED FEE
AMOUNT FEE TYPE
Design Surveys $25,800 Hourly Rate Plus
Expenses Property Surveys $14,500
Abstractor Record Research $750
Direct Cost
Utility Locates $1,000
Property Acquisition Documents $7,600 Hourly Rate Plus
Expenses Environmental Services $5,800
SUBTOTAL FEE $55,450
Task Order 2
WORK DESCRIPTION ESTIMATED FEE
AMOUNT FEE AMOUNT FEE TYPE
Design Surveys $14,000 Hourly Rate Plus
Expenses Property Surveys $4,600
Abstractor Record Research $1,800
Direct Cost
Utility Locates $400
Property Acquisition Documents $12,900 Hourly Rate Plus
Expenses Environmental Services $1,800
SUBTOTAL FEE $35,500
Task Order 1 and Task Order 2
WORK DESCRIPTION ESTIMATED FEE
AMOUNT FEE TYPE
Conceptual Design $20,000
Hourly Rate Plus
Expenses
Final Design $44,800
Bidding Services $5,200
Construction Phase Services $85,500
SUBTOTAL FEE $155,500
Appendix A - Scope of Services 9 of 9 19W01110
On-Call Water Projects
Future Task Order(s)– May be added by Contract Amendment
WORK DESCRIPTION ESTIMATED FEE
AMOUNT FEE TYPE
SUBTOTAL FEE
The CITY OF FAYETTEVILLE will pay ENGINEER, for time spent on the project, at the rates shown in
Appendix B for each classification of ENGINEER’s personnel (may include contract staff classified at
ENGINEER’s discretion) plus reimbursable expenses including but not limited to printing, courier
service, reproduction, and travel. The rates shown in Appendix B are subject to an annual rate increase
on or about July, 2019.
For Task Order 1 and Task Order 2, the total amount paid to the ENGINEER under this agreement is
estimated to be $246,450. The actual total fee may not exceed this estimate without authorization from
the CITY OF FAYETTEVILLE.
Expenses other than salary costs that are directly attributable to performance of our professional
services will be billed as follows:
1. Direct cost for travel, long distance and wireless communications, outside reproduction and
presentation material preparation, and mail/courier expenses.
2. Direct cost for subcontract/subconsultant fees.
3. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc.
4. The amount allowed by the Internal Revenue Service for mileage.
5. Direct cost for permits and review fees.
The CITY OF FAYETTEVILLE will pay ENGINEER on a monthly basis, based upon statements
submitted by ENGINEER to the CITY OF FAYETTEVILLE for the scope of services described in this
agreement. Payments not received within 60 days of invoice date will be subject to a one percent
monthly simple interest charge.
Additional Services (Extra Work). For work not described or included herein and for work beyond the
total fee amount, a contract amendment will be required.
Rates
Engineers / Architects
E-1………………………………………………………………………..105.00$
E-2………………………………………………………………………..122.00$
E-3………………………………………………………………………..148.00$
E-4………………………………………………………………………..173.00$
E-5………………………………………………………………………..210.00$
E-6………………………………………………………………………..264.00$
E-7………………………………………………………………………..351.00$
Planners / Environmental Specialist
P-1………………………………………………………………………..127.00$
P-2………………………………………………………………………..159.00$
P-3………………………………………………………………………..198.00$
P-4………………………………………………………………………..225.00$
P-5………………………………………………………………………..261.00$
P-6………………………………………………………………………..297.00$
P-7………………………………………………………………………..359.00$
Designers
D-1………………………………………………………………………..99.00$
D-2………………………………………………………………………..115.00$
D-3………………………………………………………………………..137.00$
D-4………………………………………………………………………..159.00$
Technicians
T-1………………………………………………………………………..77.00$
T-2………………………………………………………………………..97.00$
T-3………………………………………………………………………..119.00$
Surveyors
S-1………………………………………………………………………..47.00$
S-2………………………………………………………………………..62.00$
S-3………………………………………………………………………..84.00$
S-4………………………………………………………………………..120.00$
S-5………………………………………………………………………..159.00$
S-6………………………………………………………………………..181.00$
2-Man Crew (Survey)………………………………………………………………………..192.00$
3-Man Crew (Survey)………………………………………………………………………..239.00$
2-Man Crew (GPS Survey)………………………………………………………………………..212.00$
3-Man Crew (GPS Survey)………………………………………………………………………..259.00$
Construction Observation
C-1………………………………………………………………………..93.00$
C-2………………………………………………………………………..119.00$
C-3………………………………………………………………………..146.00$
C-4………………………………………………………………………..179.00$
Management/Administration
M-1 359.00$
X-1………………………………………………………………………..60.00$
X-2………………………………………………………………………..82.00$
X-3………………………………………………………………………..114.00$
X-4………………………………………………………………………..145.00$
X-5………………………………………………………………………..178.00$
X-6………………………………………………………………………..227.00$
X-7………………………………………………………………………..270.00$
Agreement for Professional Services
City of Fayetteville On-Call Water Projects Garver Project No. 19W01110
City of Fayetteville On-Call Water Projects
Classification
APPENDIX B
Garver Hourly Rate Schedule: July 2018 - June 2019
APPENDIX B
CITY OF FAYETTEVILLE
On-Call Water Projects
FEE SUMMARY
Title I Services Estimated Fees
Design and Prop. Surveys Task 1 $42,050.00
Design and Prop Surveys Task 2 $20,800.00
Environmental Services Phase 1 $5,800.00
Environmental Services Phase 2 $1,800.00
Prop. Acq. Phase 1 $7,600.00
Prop. Acq. Phase 2 $12,900.00
Conceptual Design $20,000.00
Final Design $44,800.00
Bidding Services $5,200.00
Subtotal for Title I Services $160,950.00
Title II Services
Construction Phase Services $85,500.00
Subtotal for Title II Services $85,500.00
$246,450.00
L:\2019\19W01110 - Fayetteville On-Call Water Projects 2019\Contracts\Client\Draft\APPENDIX B - Garver Fee Spreadsheet
- lump sum or hourly (updated for 2018)
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects SURVEYSWORK TASK DESCRIPTION E-4 S-5 S-42-Man Crew (Survey)2-Man Crew (GPS Survey)$173.00 $159.00 $120.00 $192.00 $212.00hr hr hr hr hr1. Surveys - TopographicCoordination and Administration - Task Order 16 8Establish Survey Control (6 points) - Task Order 1 412 12Topographic Surveys Task Order 1 (2,200 feet, 30' width) - Task Order 12 4 4 20 20Utility Locates4 2 2 10 10Data Processing/DTM Preparation - Task Order 1 4 20 Subtotal - Surveying12 22 26 42 422. Surveys - PropertyProperty Surveys 24 parcels - Task Order 18 12 20 20Data Processing - Task Order 18 20Subtotal - Surveying0 16 32 20 20Hours12 38 58 62 62Salary Costs$2,076.00 $6,042.00 $6,960.00 $11,904.00 $13,144.00SUBTOTAL - SALARIES:$40,126.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $40.00Postage/Freight/Courier$0.00Office Supplies/Equipment $0.00ARKUPS$1,000.00Survey Supplies$12.00Aerial Photography$0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$122.00SUBTOTAL - DIRECT NON-LABOR EXPENSES:$1,174.00SUBTOTAL:$41,300.00SUBCONSULTANTS FEE (abstractor): $750.00TOTAL FEE:$42,050.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects SURVEYSWORK TASK DESCRIPTION E-4 S-5 S-42-Man Crew (Survey)2-Man Crew (GPS Survey)$173.00 $159.00 $120.00 $192.00 $212.00hr hr hr hr hr1. Surveys - TopographicCoordination and Administration - Task Order 24 4Establish Survey Control (3 points) - Task Order 2 26 6Topographic Surveys Task Order 1 (1000 feet, back of curb to 15' behind ROW) - Task Order 22 2 2 10 10Utility Locates4 2 2 4 4Data Processing/DTM Preparation - Task Order 2 4 10 Subtotal - Surveying10 14 14 20 202. Surveys - PropertyProperty Surveys 9 parcels platted - Task Order 24 6 6 6Data Processing - Task Order 22 4Subtotal - Surveying0 6 10 6 6Hours10 20 24 26 26Salary Costs$1,730.00 $3,180.00 $2,880.00 $4,992.00 $5,512.00SUBTOTAL - SALARIES:$18,294.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $20.00Postage/Freight/Courier$0.00Office Supplies/Equipment $0.00ARKUPS$400.00Survey Supplies$12.00Aerial Photography$0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$24.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $456.00SUBTOTAL:$18,750.00SUBCONSULTANTS FEE (abstractor): $1,800.00TOTAL FEE:$20,550.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects CONCEPTUAL DESIGNWORK TASK DESCRIPTION E-4 E-1 D-1 C-3 - Select Category - - Select Category - - Select Category -$173.00 $105.00 $99.00 $146.00 $0.00 $0.00 $0.00hr hr hr hr hr hr hr1. Civil EngineeringField Investigation8Cover2 4General 2 4Key Map2 4Plan & Profile Sheets12 24 60Cost Estimate2 8Owner Workshop and Coordination12QAQC88Subtotal - Civil Engineering42 38 72 8 0 0 02.Structural EngineeringSubtotal - Structural Engineering0 0 0 0 0 0 03.Mechanical Engineering Subtotal - Mechanical Engineering0 0 0 0 0 0 04.Electrical EngineeringSubtotal - Electrical Engineering0 0 0 0 0 0 0Hours42 38 72 8 0 0 0Salary Costs$7,266.00 $3,990.00 $7,128.00 $1,168.00 $0.00 $0.00 $0.00SUBTOTAL - SALARIES:$19,552.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $398.00Postage/Freight/Courier $0.00Office Supplies/Equipment $0.00Communications$0.00Survey Supplies$0.00Aerial Photography $0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$50.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $448.00SUBTOTAL:$20,000.00SUBCONSULTANTS FEE:$0.00TOTAL FEE:$20,000.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects ENVIRONMENTAL SERVICESWORK TASK DESCRIPTION E-4 P-2 P-1$173.00 $159.00 $127.00hr hr hr1. Task Order 1 - Garland/BrooksUSACE Nationwide and Wetlands 1 2 8SWPPP, 1-5 acres1 4 12ADEQ STAA, one crossing1USFWS Habitat Assessment and Clearance1 2 8Subtotal - Task Order 13 9 282.0 0 03. 0 0 04.0 0 0Hours3 9 28Salary Costs$519.00 $1,431.00 $3,556.00SUBTOTAL - SALARIES:$5,506.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $104.00Postage/Freight/Courier $0.00ADEQ STAA Fee$150.00Communications$0.00Survey Supplies$0.00Aerial Photography$0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$40.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $294.00SUBTOTAL:$5,800.00SUBCONSULTANTS FEE:$0.00TOTAL FEE:$5,800.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects ENVIRONMENTAL SERVICESWORK TASK DESCRIPTION E-4 P-2 P-1$173.00 $159.00 $127.00hr hr hr1. Task Order 2 - Rolling HillsUSACE Nationwide and Wetlands - N/ASWPPP, 1-5 acres - N/AErosion Control Plan and Details1 2 2ADEQ STAA, one crossing - N/AUSFWS Habitat Assessment and Clearance1 2 4Subtotal - Task Order 12 4 62.0 0 03. 0 0 04.0 0 0Hours2 4 6Salary Costs$346.00 $636.00 $762.00SUBTOTAL - SALARIES:$1,744.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $46.00Postage/Freight/Courier $0.00ADEQ STAA Fee$0.00Communications$0.00Survey Supplies$0.00Aerial Photography $0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$10.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $56.00SUBTOTAL:$1,800.00SUBCONSULTANTS FEE:$0.00TOTAL FEE:$1,800.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects FINAL DESIGNWORK TASK DESCRIPTION E-4 E-1 D-1 C-3 - Select Category - - Select Category - - Select Category -$173.00 $105.00 $99.00 $146.00 $0.00 $0.00 $0.00hr hr hr hr hr hr hr1. Civil EngineeringFinal Plans Cover1 2 General2 4 Key Map1 2 Plan and Profiles20 40 80 Construction Details4 8 8 Erosion Control 2 20 30 Traffic Control2 4 8Final Review/Site Walkthrough 8Coordination with Utility Companies2 4Coordination and Meetings with Owner8Coordination with DOT2Coordination with Health Department2 4Specifications/Contract Documents12 24Opinion of Probable Construction Cost 2 8Final Comments and Changes 8 12 24QC Review88Subtotal - Civil Engineering80 128 158 8 0 0 02.Structural EngineeringRetaining Wall Layout/ElevationsBridgeStructural DetailsStructural SpecificationsSubtotal - Structural Engineering0 0 0 0 0 0 03.Mechanical EngineeringSubtotal - Mechanical Engineering0 0 0 0 0 0 04.Electrical EngineeringSubtotal - Electrical Engineering0 0 0 0 0 0 0Hours80 128 158 8 0 0 0Salary Costs$13,840.00 $13,440.00 $15,642.00 $1,168.00 $0.00 $0.00 $0.00SUBTOTAL - SALARIES:$44,090.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $460.00Postage/Freight/Courier $0.00ADH Review Fee $200.00Communications$0.00Survey Supplies$0.00Aerial Photography$0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$50.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $710.00SUBTOTAL:$44,800.00SUBCONSULTANTS FEE:$0.00TOTAL FEE:$44,800.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects PROPERTY ACQUISITION DOCUMENTSWORK TASK DESCRIPTION E-4 S-5 S-42-Man Crew (GPS Survey)2-Man Crew (Survey)$173.00 $159.00 $120.00 $212.00 $192.00hr hr hr hr hr1. Acquisition DocumentsProject Management and Administration4 4Permanent Easement Acquisition Documents (3 parcels) - Task Order 12 5 16Stake Easements - Task Order 12 4 4 4Coordination with Owner 4Subtotal - Civil Engineering10 11 20 4 4Hours10 11 20 4 4Salary Costs$1,730.00 $1,749.00 $2,400.00 $848.00 $768.00SUBTOTAL - SALARIES:$7,495.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $20.00Postage/Freight/Courier $0.00Office Supplies/Equipment $0.00Communications$0.00Survey Supplies$20.00Aerial Photography$0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$40.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $80.00SUBTOTAL:$7,575.00SUBCONSULTANTS FEE:$0.00TOTAL FEE:$7,575.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects PROPERTY ACQUISITION DOCUMENTSWORK TASK DESCRIPTION E-4 S-5 S-42-Man Crew (GPS Survey)2-Man Crew (Survey)$173.00 $159.00 $120.00 $212.00 $192.00hr hr hr hr hr1. Acquisition DocumentsProject Management and Administration4 4Permanent Easement Acquisition Documents (9 parcels) - Task Order 22 20 40Stake Easements - Task Order 22 4 4 4Coordination with Owner 4Subtotal - Civil Engineering10 26 44 4 4Hours10 26 44 4 4Salary Costs$1,730.00 $4,134.00 $5,280.00 $848.00 $768.00SUBTOTAL - SALARIES:$12,760.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $50.00Postage/Freight/Courier $0.00Office Supplies/Equipment $0.00Communications$0.00Survey Supplies$20.00Aerial Photography$0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$20.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $90.00SUBTOTAL:$12,850.00SUBCONSULTANTS FEE:$0.00TOTAL FEE:$12,850.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects BIDDING SERVICESWORK TASK DESCRIPTION E-4 E-1 T-1 - Select Category - - Select Category - - Select Category - - Select Category -$173.00 $105.00 $77.00 $0.00 $0.00 $0.00 $0.00hr hr hr hr hr hr hr1. Civil Engineering Advertizement for Bids 1Construction Documents1 2Pre-Bid Meeting4 2Bid Opening2Evaluate bids and recommend award8Prepare construction contracts2 8Subtotal - Civil Engineering18 4 8 0 0 0 02.Structural EngineeringAddendums Subtotal - Structural Engineering0 0 0 0 0 0 03.Mechanical EngineeringSubtotal - Mechanical Engineering0 0 0 0 0 0 04.Electrical EngineeringSubtotal - Electrical Engineering0 0 0 0 0 0 0Hours18 4 8 0 0 0 0Salary Costs$3,114.00 $420.00 $616.00 $0.00 $0.00 $0.00 $0.00SUBTOTAL - SALARIES:$4,150.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $1,000.00Postage/Freight/Courier $0.00Office Supplies/Equipment $0.00Communications$0.00Survey Supplies$0.00Aerial Photography$0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$50.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $1,050.00SUBTOTAL:$5,200.00SUBCONSULTANTS FEE:$0.00TOTAL FEE:$5,200.00
APPENDIX BCITY OF FAYETTEVILLEOn-Call Water Projects CONSTRUCTION PHASE SERVICESWORK TASK DESCRIPTION E-4 E-1 S-5 S-42-Man Crew (Survey)T-1 C-3$180.00 $110.00 $166.00 $125.00 $200.00 $81.00 $152.00hr hr hr hr hr hr hr1. Civil EngineeringNotice to Proceed1Preconstruction Meeting 2 4Progress Meetings with Contractor/City 8Monthly Pay Requests 16Shop Drawings/Material Submittals4 12Record Drawings2 48On-Site Meetings40Resident Construction Observation (4 hours/day 5 days/week, 120 c-days) 343Field checking earthwork quantities, Contractor's layout, etc.4 2 2 16Prepare Change Orders and Work Directives8 1224RFI's8 12Final Project Inspection and Punchlist8Closeout44Subtotal - Civil Engineering105 44 2 2 16 36 3432.Structural EngineeringResponse to InquiriesShop Drawings Subtotal - Structural Engineering0 0 0 0 0 0 03.Mechanical Engineering Subtotal - Mechanical Engineering0 0 0 0 0 0 04.Electrical EngineeringSubtotal - Electrical Engineering0 0 0 0 0 0 0Hours105 44 2 2 16 36 343Salary Costs$18,900.00 $4,840.00 $332.00 $250.00 $3,200.00 $2,916.00$52,136.00SUBTOTAL - SALARIES:$82,574.00DIRECT NON-LABOR EXPENSESDocument Printing/Reproduction/Assembly $1,000.00Postage/Freight/Courier $0.00Office Supplies/Equipment $0.00Communications$0.00Survey Supplies$0.00Aerial Photography$0.00GPS Equipment$0.00Computer Modeling/Software Use $0.00Traffic Counting Equipment $0.00Locator/Tracer/Thermal Imager Equipment $0.00Travel Costs$1,926.00SUBTOTAL - DIRECT NON-LABOR EXPENSES: $2,926.00SUBTOTAL:$85,500.00SUBCONSULTANTS FEE:$0.00TOTAL FEE:$85,500.00
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Appendix A - Noland WWTP Gate Replacment Scope of Services 190307.docx 1
Appendix A – Scope of Services
1. Project Description
The Noland Wastewater Treatment Plant (WWTP) aeration basin was constructed in 1987 and has not
been modified, outside of routine maintenance. The basin has two (2) Hydro Gate® handwheel operated
stainless steel outlet gates located in a common splitter box, that receives all primary clarifier effluent (PE)
flow along with return activated sludge (RAS) that is pumped into the splitter box and mixed with the PE
flow. See to Figure 1 for a plan view of the gates and splitter box.
Plant operations noticed leaks in the gates in early 2017 and identified that the problem was the gates
were not sealing and had several pin holes in the slides. Leaking gates prevent the plant from being able
to take one aeration basin train out of service, when not needed for treatment, and to be able to clean and
inspect the basin. Leakage past the gates is apparently such that continual running of a sump pump is not
an adequate or acceptable solution. Therefore, the goal is to stop the leakage either through repair of the
gate seal or possible replacement of the gates. We are recommending replacing the gates instead of
repairing them.
Jacobs previously analyzed the gates without shutting the plant down to enter the splitter box to perform a
visual inspection of the gates. It was determined to eliminate the leakage past the two gates they will
either need to be repaired or replaced. The submittals cannot be located, but the slide gates appear to be
manufactured by Hydro Gate®.
Figure 1. Splitter Box and Gate Plan View
Drawing 1-S-9
Both gates are installed below the concrete deck that covers the center section of the aeration basins.
The manual operator shaft passes through concrete deck and is connected to the gate below. There is no
opening or grating area available for access to the gate below. The only current access to the gates is
from the interior of the splitter box which has a 3-ft x 3-ft opening in the deck. The splitter box is about 20-
ft deep and approximately 61.2-ft by 11.5-ft. See drawings 1-S-8, 1-S-9, and 1-S-11 for plan and section
2 Appendix A - Noland WWTP Gate Replacment Scope of Services 190307.docx
views. There are 2-ft x 2-ft openings on the downstream side of each gate, but these will not be used for
primary personnel or equipment access. There are two options to replace the existing gates.
1.1 Option 1: Installing New Gates in Existing Gate Locations
The current gates are installed within the splitter box on the upstream side. Refer to Figure 2 for a
section view of the splitter box and gate. Access to the splitter box is necessary to install the new gates
in the same location as the existing gates and remove the existing gates. Accessing the splitter box will
require a plant shutdown, dewatering of the splitter box (because it is a common location for all the plant
flow and RAS), and installing a bulkhead inside the splitter box to allow half of the aeration basin to
remain in service while working one gate. There is significant risk by having workers depending on the
bulkhead inside the splitter box while the plant is in operation.
The duration of a plant shutdown will depend upon the time of year and influent flow rates given that all
raw flow to the plant will need to be diverted and stored in the flow equalization basin at the plant site.
1.2 Option 2: Installing New Gates Downstream of Existing Gates
Option 2 avoids the splitter box and completely shutting down the plant. This is accomplished by closing
one of the gates, leaving one side of the basin in operation, accessing one side of the aeration basin at a
time, and installing a new gate on the outlet of the splitter box within the aeration basin. The existing
gates leak, so the contractor must install temporary caulk or sealant on the downstream side of the
existing gate to prevent leaks as much as possible while installing the new gates. This option will require
the existing gate to remain in place after the new gate is installed.
Figure 2. Splitter Box and Gate Section View
Section B on Drawing 1-M-17
1.3 Scope of Services
The following section describes the extent of the efforts anticipated. Jacobs assumes the City of
Fayetteville (City) will authorize all tasks upon issuance of the notice to proceed.
Appendix A - Noland WWTP Gate Replacment Scope of Services 190307.docx 3
Plant staff have confirmed existing gate dimensions, and Jacobs will assist the City in procuring two (2)
gates with electric actuators. This will allow correctly sized gates to be purchased prior construction and
avoid an 8-12 week lead time for the gates to be assembled during construction.
1.4 Delivery Approach
Preliminary design will begin immediately following notice to proceed (NTP), and the scope of the design
will be confirmed at the project kick-off meeting after stakeholders have reviewed the preliminary design.
Sixty (60) percent design drawings will be produced based on the results of the kickoff meeting and
submitted to the City for review upon completion. During this design phase, a meeting with the City, plant
operations, city approved contractor(s), and gate representative(s) will be held on site to ensure the best
construction methods are considered and risks are mitigated. The sixty (60) percent design package will
be submitted to the City for review, and any comments from the review will be captured in the drawings
and specifications issued for bid. Comments from the bid phase, including the pre-bid meeting, will be
addressed in the conformed drawings issued prior to construction. The scope of services includes three
(3) tasks:
1. Design
2. Project Management
3. Bid Services
4. Services During Construction (SDC)
Assumptions and deliverables for each task are detailed in the sections below.
1.5 Task 1: Design
This task is to create drawings and specifications for installing the new gates. Relevant existing drawing
details will be drawn and modified accordingly.
1.5.1 Assumptions
New gates (both east and west) will be purchased and installed
Option 2 method for installation is the chosen method
New electric actuators will be included with new gates with local control and the ability to connect to
SCADA
Jacobs will compare the benefits of replacing the existing gates with weir gates instead of sluice/slide
gates
The existing gates will be removed once the new gates are installed and operational
No permitting, additional easement, or third-party services are required
1.5.2 Deliverables
Civil Site Plan – the purpose of this drawing is for site orientation and to identify construction limits
and workspace
Structural Drawing – this drawing will detail the saw cut openings required to install the new gates
and remove the existing gates
Mechanical Drawing – a plan and profile view the existing and proposed gates with dimensions
Electrical Drawing – details for new electric actuators
Instrumentation and Controls Drawing – the actuators will be designed with the ability to connect to
SCADA
4 Appendix A - Noland WWTP Gate Replacment Scope of Services 190307.docx
Three (3) construction estimates will be completed for gate replacement. The only change in each
estimate will be the type of actuators installed with the new gates. The three (3) estimates will be:
o Manual gate actuators
o Electric gate actuators
o Electric gate actuators with SCADA ability
Specifications – covered with notes on the construction drawings
1.6 Task 2: Project Management
Project coordination and management will take place through a combination of status reporting and
regular phone and e-mail communications with key project personnel. The project team will review project
management protocols as described in the Project Management Plan (PMP), discuss deliverables and
the project schedule, and address project concerns throughout the project duration. Jacobs will be
responsible for submitting invoices and accompanying status reports.
One kick-off meeting will be conducted prior to the start of Task 1. This meeting will include key personnel
from both the Jacobs team and City staff and will review project scope and communication plans and
identify a tentative schedule of activities.
1.6.1 Assumptions
One (1) kick-off meeting
One (1) site visit during design
The City will acquire gates and actuators
1.6.2 Deliverables
Kick-off meeting
Project schedule
Project Management Plan (PMP) – including defined client and Jacobs project organization,
communication, project cost control procedures, document control, engineering health and safety
considerations, change management, and other project management requirements
Site visit to meet with gate vendor and contractor representative
Pre-bid meeting attendance
Monthly or milestone reports
1.7 Task 3: Bid Services
Jacobs will participate in the pre-bid meeting, provide necessary clarifications and addenda, and review
bids.
1.7.1 Assumptions
One (1) pre-bid meeting
1.7.2 Deliverables
Clarifications and addenda as required
Pre-bid meeting
Bid Documents review, recommendations, and comments
Appendix A - Noland WWTP Gate Replacment Scope of Services 190307.docx 5
1.8 Task 3: Services During Construction
Jacobs will review submittals, requests for information (RFIs), and provide required coordination with the
selected contractor during Task 3 – SDC.
1.8.1 Assumptions
Construction duration will be eight (8) weeks total for both gates
Submittals included in estimate:
o Grout/concrete mix for patching/filling around structure
o Anchoring system
o Steel frame/cover
o Wire and cable for both power and controls
o Conduit, conduit bodies, and fittings
o Misc. electrical equipment and materials
Existing protective equipment in MCC and panelboard is suitable for reuse
Five (5) RFIs have been included in the estimate
Contractor will provide redlined drawings and final quantities for engineer to complete record
drawings
Construction Inspection is not included in the estimate but may be provided upon request
Construction Administration (such as tracking quantities, reviewing pay applications, and preparing
City of Fayetteville documents) is not included in the estimate but may be provided upon request
No permitting, additional easement, or third-party services are required
1.8.2 Deliverables
Submittal review
RFI responses
Biweekly, or four (4), construction meetings with Project Manager attendance
Record drawings in .pdf format and native (CAD) files
1.9 Schedule
The attached preliminary schedule, Enclosure 1 to Appendix A, provides dates from notice to proceed
through awarding for construction.
1.10 Compensation
Compensation shall be on a Not to Exceed basis, and the total project compensation will not exceed
$71,150.00 without written authorization from the Client Project Manager. Refer to Enclosure 2 to
Appendix A for a detailed man-hour and cost breakdown.
Cost for a full time Resident Project Representative (RPR) has not been included. Jacobs will provide a
full time RPR upon request. Project Manager and full time Jacobs’ staff operating the plant are available
to resolve issues during construction.
ID Task Name Duration Start Finish Predecessors1Noland WWTP Gate Replacment218 daysMon 3/11/19Fri 2/7/202Fayetteville Water and Sewer Committee Meeting1 dayMon 3/11/19Mon 3/11/193City Council Approval15 daysTue 3/12/19Mon 4/1/1924Notice to Proceed0 daysMon 4/1/19Mon 4/1/1935Kick‐off Meeting1 dayTue 4/16/19Tue 4/16/194FS+10 days660 Percent Design20 daysWed 4/17/19Tue 5/14/1957Site Visit Contractor and Gate Reps1 dayMon 4/22/19Mon 4/22/196SS+3 days8Procure Gates and Actuators12 wksTue 4/30/19Thu 7/25/197FS+5 days960 Percent Design Review Meeting1 dayWed 5/15/19Wed 5/15/19610Receive Gate Vendor Drawings0 daysMon 5/20/19Mon 5/20/198SS+15 days11Final Design15 daysTue 5/21/19Tue 6/11/191012Construction Drawing Review10 daysWed 6/12/19Tue 6/25/191113Process Contract20 daysWed 6/26/19Thu 7/25/191214Advertise for Bid20 daysFri 7/26/19Thu 8/22/191315Pre‐bid Meeting1 dayFri 8/2/19Fri 8/2/1914SS+5 days16Select Contractor0 daysFri 9/20/19Fri 9/20/1914FS+20 days17Fayetteville Water and Sewer Committee Meeting1 dayTue 10/8/19Tue 10/8/1916FS+11 days18City Council Approval15 daysWed 10/9/19Thu 10/31/191719Construction (Must be Dec‐Apr)8 wksMon 12/2/19Fri 2/7/2018204/15/209/20FebMarAprMayJunJulAugSepOctNovDecJanFebMar2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressNOLAND WWTP AERATION BASIN GATE REPLACEMENTAppendix AEnclosure 11
NOLAND WWTP GATE REPLACEMENT PROJECTAppendix AEnclosure 2Principal ManagerProject ManagerCivil EngineerStructural EngineerProcess/Mechanical EngineerElectrical EngineerTechnician 5Project Admin IITechnologist (Construction Estimator)Associate Project Manager$225 $160 $125 $125 $125 $125 $130 $85 $175 $14010 112 16 56 29 58 158 25 24 16$2,250 $17,920 $2,000 $7,000 $3,625 $7,250 $20,540 $2,125 $4,200 $2,240Task Hours CostDesign 24732,445.00$ Project Definition (30%) 364,560.00$ 484812Design Development (60%) 12016,200.00$ 484880 16Final Design 699,245.00$ 643444 8Construction Documents 222,440.00$ 242428Bid Services 212,965.00$ 212 7Services During Construction 15822,810.00$ Submittals 547,030.00$ 820422RFIs 283,640.00$ 4 888Site Visits 406,400.00$ 40Record Drawings 364,740.00$ 4 444201,000.00$ Project Management 7812,930.00$ Project Definition (30%) 81,260.00$ 24 2Design Development (60%) 81,260.00$ 24 2Final Design 81,260.00$ 24 2Project Controls 162,240.00$ 16Meetings (Kick-off, 30% Review, 60% Review, Final Review, Pre-Bid)385,910.00$ 232 41,000.00$ Total504 71,150.00$ RoleRateHours by EmployeeCost by EmployeeExpensesMeeting Expenses3/7/2019
1753 E Zion Rd claim costs
Servpro (remediation)
Artisent floors 2,151.00$
Steam plus (wall repair) $987.75
Lowe's (Bathroom vanity x 2) 278
Red Oak Custom Cabinets (2) 3800
Total 7,216.75$
Servpro paid directly 5,753.45
Grand total 12,970.20$