HomeMy WebLinkAbout142-19 RESOLUTIONF FPY ETT
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 142-19
File Number: 2019-0318
JACOBS ENGINEERING GROUP INC.:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH JACOBS ENGINEERING GROUP INC., PURSUANT TO SELECTION
#10 OF RFQ 18-01, IN THE AMOUNT OF $71,150.00 FOR DESIGN AND CONSTRUCTION PHASE
SERVICES ASSOCIATED WITH THE REPLACEMENT OF AERATION BASIN GATES AT THE
NOLAND WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A BUDGET
ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a professional engineering services agreement with Jacobs Engineering Group, Inc., pursuant to
Selection #10 of RFQ 18-01, in the amount of $71,150.00 for design and construction phase services
associated with the replacement of aeration basin gates at the Noland Water Resource Recovery
Facility.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 6/18/2019
Page 1
Attest:
Sondra E. Smith
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0318
Agenda Date: 6/18/2019 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 2
JACOBS ENGINEERING GROUP INC.:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH JACOBS ENGINEERING GROUP INC., PURSUANT TO SELECTION #10 OF RFQ 18-01, IN
THE AMOUNT OF $71,150.00 FOR DESIGN AND CONSTRUCTION PHASE SERVICES
ASSOCIATED WITH THE REPLACEMENT OF AERATION BASIN GATES AT THE NOLAND
WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
professional engineering services agreement with Jacobs Engineering Group, Inc., pursuant to Selection #10 of
RFQ 18-01, in the amount of $71,150.00 for design and construction phase services associated with the
replacement of aeration basin gates at the Noland Water Resource Recovery Facility.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Paye 1 Printed on 6/17/2019
City of Fayetteville Staff Review Form
2019-0318
Legistar File ID
6/18/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 5/29/2019 WASTEWATER TREATMENT (730)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with Jacobs Engineering in the amount of
$71,150.00 for Design of Aeration Basin Gates Replacement at the Noland Water Resource Recovery Facility per
RFQ 18-01, Selection #10, and approval of a budget adjustment.
Budget Impact:
5400.730.5800-5314.00 Water and Sewer
Account Number Fund
02032.1 WWTP Building Improvements
Project Number
Budgeted Item? Yes
Does item have a cost?
Budget Adjustment Attached?
Current Budget
Funds Obligated
Current Balance
Yes Item Cost
Yes Budget Adjustment
Remaining Budget
Project Title
$ 702,435.00
$ 662,819.26
39,615.74
$ 71,150.00
$ 71,150.00
$ 39,615.74
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 18, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: May 29, 2019
CITY COUNCIL MEMO
SUBJECT: Engineering Services Agreement with Jacobs Engineering for Design of
Aeration Basin Gates Replacement at the Noland Water Resource Recovery
Facility
RECOMMENDATION:
Staff recommends approval of an Engineering Services Agreement with Jacobs Engineering in
the amount of $71,150.00 for Design of Aeration Basin Gates Replacement at the Noland Water
Resource Recovery Facility, and approval of a budget adjustment.
BACKGROUND:
On November 16, 2018, Jacobs Engineering was formally selected (RFQ 18-01, Selection #10)
to design the replacement of two aeration -basin gates located under a reinforced concrete slab
at the Noland WRRF. These gates are original to the aeration facility, are inaccessible, and are
leaking. Replacement is necessary so that the plant may remain fully operational and have the
ability to isolate each of the two aeration basin treatment trains.
DISCUSSION:
This proposed contract includes design and construction phase services. The existing gates are
located under a thick -concrete slab and are inaccessible. Detailed engineering design is
necessary to ensure structural stability of penetrations in this slab, and to determine the best
alternative for gate replacement. The engineering services contract is based on scope of work
and professional fees not to exceed $71,150.00.
BUDGET/STAFF IMPACT:
A budget adjustment is necessary to move funds from the Regional Park Waterlines account
into the WWTP Building Improvements account. The funds being moved are cost savings after
the Regional Park Waterlines project was completed.
Attachments:
Contract with appendices, signed by Jacobs Engineering
Budget Adjustment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
JACOBS ENGINEERING GROUP INC.
THIS AGREEMENT is made as of U" /8 , 2019, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and Jacobs Engineering Group Inc. (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 I - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments 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.
E
Jacobs Noland WWTP Gate Replacement - Professional Engineering services 190523.doc I
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 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 its 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 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect
to the services to be performed under this Agreement. The Utilities 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.
3.1.6 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 is $71,150.00. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Not to Exceed basis as described in
Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such patties 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 approved by CITY OF FAYETTEVILLE. Applications for payment shall
Jacobs—Noland WWTP Gate Replacement - Professional Engineering services 190523.doc 2
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
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits ofLiability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 aggregate
Jacobs—Noland WWTP Gate Replacement - Professional Engineering services 190523.doc
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.
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 accordance with standard of
care recognized for professionals performing the same or similar services 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 or ENGINEER'S failure to exercise reasonable skill, care, and diligence in performing
contractual services. JACOBS makes no warranty, expressed or implied, beyond its professional
responsibilities as set forth in this subsection.
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:
Jacobs—Noland WWTP Gate Replacement - Professional Engineering Services 190523.doc 4
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.
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.
Jacobs—Noland WWTP Gate Replacement - Professional Engineering Services 190523.doc
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.
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.
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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.
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, CAD
drawings, estimates, field notes, and project 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, computer models, drawings, specifications and other hard copy or
electronic media 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.
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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 Street
Fayetteville, Arkansas 72701
ENGINEER's address:
401 S Boston Ave.
Suite 330
Tulsa, OK 74103
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.
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7.1.2 ENGINEER shall be and shall remain liable, in accordance with. this Agreement and
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 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:
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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 facts oh '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.
Jacobs—Noland WWTP Gate Replacement - Professional Engineering Services 190523.doc 10
7.7 LIMITATION OF LIABILITY.
7.7.1 Notwithstanding any other provision of this Agreement, neither party shall have liability to
the other for contingent, consequential or other indirect damages including, without
limitation, damages for loss of use, revenue or profit; operating costs and facility downtime;
or other similar business interruption losses, however the same may be caused. The
limitations and exclusions of liability set forth in this Article shall apply regardless of the
fault, breach of contract, tort (including negligence), strict liability or otherwise of either
party or their respective employees, or subconsultants.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
Jacobs Engineering Group Inc., by its authorized officer have made and executed this Agreement as of the
day and year first above written.
CITY OF FA TTEVILLE, ARKANSAS JACOBS ENGINEERING GROUP INC. /
—12Y• �: Robert Frear
Isla r, L'oneld J an PRINTED NAME & TITLE OF PERSON SIGNING
ATTEST-
"e""'
TTEST• v
By: �l/L�, Title: Manner of Proiects
City Cle``-, ARK / 1111#11A,
R A,�i��
MENT FOR PROFESSIONAL ENGINEERING SERVICES
FA.YE7TEVILLE.;]l
'N., G i 0 i i►i�o ��``
Jacobs—Noland WWTP Gate Replacement - Professional Engineering Services 190523.doc I I
JACOBS
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®.
WEST GA TE
t I
RAS AND INFLUENT MIXING °H ' b '.v.
CHAMBER OR SPLITTER BOX
MMS
2 raro• — ____.
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re tnn
Figure 1. Splitter Box and Gate Plan View
Drawing 1-S-9
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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
Appendix A - Noland VWrrP Gate Replacment Scope of Services 190502.docx
JACOBS
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.
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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.
Plant staff have confirmed existing gate dimensions, and Jacobs will assist the City in procuring two (2)
gates or designing plates or stop logs in lieu of gates.
Appendix A - Noland WVVTP Gate Replacment Scope of Services 190502.docx
11 IC -401—:1,71
1.4 Delivery Approach
Preliminary design evaluating three (3) gate replacement options will begin immediately following notice
to proceed (NTP). The three options to be evaluated are to install similar gates on the downstream side
of the wall, install stainless steel or aluminum plates with channels to seat the plates, or install channels
for stop logs. The scope of the design will be confirmed at the project kick-off meeting after stakeholders
have reviewed the preliminary sketches and preliminary cost estimates. 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
• Three (3) options will be considered to stop flow: similar gates, stainless steel or aluminum plates, or
stop logs
• The gates will be replaced and not repaired.
• Removing the existing gates or abandoning in place will be evaluated in the cost estimate and
determined at the kick-off meeting.
• 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 or
closures and remove the existing gates
• Mechanical Drawing — a plan and profile view the existing and proposed gates with dimensions
• Three (3) construction estimates will be completed for gate replacement. The three (3) estimates will
consider:
o Replacing with similar gates with alternate to remove existing gates
o Replacing with stainless steel or aluminum plate with alternate to remove existing gates
o Replacing with stop logs with alternate to remove existing gates
• 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
Appendix A - Noland VVVVTr Gate Replacment Scope of Services 19D5Q2.docx
JACOBSA
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
1.8 Task 4: 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
4 Appendix A - Noland WWTP Gate Replacment Scope of Services 190502.docx
Ee
• 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.
Appendix A - Noland V"V'J,t-P Gate Repfacment Scope of Services 190502.docx 5
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Attachment A
Labor Rate Schedule
Functional Labor Category
2018 Rates'
Principal Manager/ Consultant
$225
Senior Technologist/ Consultant
$190
Senior Project Manager J Project Technologist
$175
Project Manager / Consultant
$160
Associate Project Manager/ Consultant
S140
Project Engineer
$125
Associate Engineer/ Consultant
$115
Staff Engineer / Consultant
$100
Engineer Intern / Scientist
$85
Designer / Tech / RPR - 5
$130
Designer / Tech / RPR - 4
$110
Designer / Tech / RPR -3
$90
Designer / Tech / RPR- 2
$80
Designer/ Tech / RPR - 1
$70
Designer/Tech/RPR-0
$60
Admin Staff II
$85
Admin Staff 1
$60
Notes:
1. The indicated labor rates are subject to escalation annually, beginning on
January 1st of each calendar year.
2. Vehicle mileage will be charged at the prevailing IRS rate.
3. Expenses and outside services will be billed at cost.
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 WASTEWATER TREATMENT (730)
2019
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION:
A Budget Adjustment is needed in the WWTP Building Improvements project for engineering services for the design of
aeration basin gates replacement at the Noland Water Resource Recovery Facility. Budgeted funds from the Regional
Park Waterline Account will be transferred to this project to cover the cost of this item. The budgeted funds being
transferred are cost saving after completing the Regional Park Waterline project.
RESOLUTION/ORDINANCE
COUNCIL DATE: 6/18/2019
LEGISTAR FILE ID#: 2019-0318
H&Uy aLack
5/30/2019 8:07 AM
Budget Director
TYPE:
JOURNAL #:
GLDATE:
CHKD/POSTED:
Date
TOTAL - -
x.20190430
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
5400.730.5800-5314.00 71,150 - 02032 1 EX Professional Services - :
5400.720.5600-5808.00 (71,150) - 14015 2000 EX Water Line Improvements - Water Line In
H:\Budget Adjustments\2019_Budget\City Council\06-18-2019\2019-0318 BA Aeration Basin Gates Noland 1 of 1