HomeMy WebLinkAbout167-19 RESOLUTIONOF FAYETTF
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113 West Mountain Street
Fayetteville.. AR 72701
(479)575-8323
Resolution: 167-19
File Number: 2019-0.118
CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ
#19-01, IN THE TOTAL AMOUNT OF $110,400.00 FOR STREET, DRAINAGE AND WATERLINE
DESIGN SERVICES FOR A PORTION OF THE RUPPLE ROAD PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Crafton, Tull & Associates, Inc, pursuant to RFQ #19-01, in the
total amount of $110,400.00 for street, drainage and waterline design services for a portion of the Rupple
Road Project.
PASSED and APPROVED on 7/16/2019
Page 1
Attest:
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Sondra E. Smith, City Clerk Treas,�ER
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City of Fayetteville Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
/ Text File
-- File Number: 2019-0418
Agenda Date: 7/16/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 6
CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ #19-01, IN THE TOTAL
AMOUNT OF $110,400.00 FOR STREET, DRAINAGE AND WATERLINE DESIGN SERVICES FOR
A PORTION OF THE RUPPLE ROAD PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Crafton, Tull & Associates, Inc, pursuant to RFQ #19-01, in the total
amount of $110,400.00 for street, drainage and waterline design services for a portion of the Rupple Road
Project.
City of Fayetteville, Arkansas Page 1 Printed on 711712019
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2019-0418
Legistar File ID
7/16/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/26/2019 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends City Council approval of a contract in the amount of $110,400.00 with Crafton, Tull & Associates,
Inc. to provide professional services for the design of a portion of the Rupple Rd (Tanyard to Weir) project to
include $93,400.00 for street and drainage design, and $17,000.00 for water line design.
Budget Impact:
4470.800.8820-5314.00 Sales Tax Capital Street Improvements
5400.720.5600-5314.00 Water and Sewer Capital Fund
Account Number
06035.4300
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Rupple Rd (Tanyard to Weir)
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 110,400.00
E$ 110,400.00
$ 110,400.00
0
V20180321
Previous Ordinance or Resolution #
Approval Date:
ddaM CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 16, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Chris Brown, City Engineer
FROM: Matt Casey, Engineering Design Manager
DATE: June 27, 2019
CITY COUNCIL MEMO
SUBJECT: Approval of a contract in the amount of $110,400.00 with Crafton, Tull &
Associates, Inc. for street, drainage and water line design services for the
Rupple Rd. (Tanyard to Weir) Project.
RECOMMENDATION:
Staff recommends City Council approval of a contract in the amount of $110,400.00 with
Crafton, Tull & Associates, Inc. to provide professional services for the design of a portion of the
Rupple Rd (Tanyard to Weir) project to include $93,400.00 for street and drainage design, and
$17,000.00 for water line design. The City Council Transportation Committee unanimously
recommended approval of this contract at their June 25, 2019 meeting.
BACKGROUND:
In October of 2018, the City Council approved a cost share agreement with Buffington Weir,
LLC for the construction of Rupple Road from just north of Tanyard Drive where it currently
ends, extending north to just south of the southern leg of Weir Road. The project ends at this
point because it is the northern property line of the development. Unfortunately the actual
connection to Weir Road is just outside of the limits of this project. If the connection is made to
Weir Road, this will complete the loop of the Mayor's Box.
DISCUSSION:
This project has been identified as one of the projects to be funded by the first phase of the
2019 Transportation Bond Program. Staff has been working with Crafton, Tull & Associates,
who is the developer's engineer, to provide a concept for the extension of this project north to
connect to both the eastern and western portions of Weir Road.
In addition, the Utilities Department has requested that this design include a 12" water main that
will extend from Tanyard Dr. to Weir Rd. The 12" main will be a continuation of the 12" grid that
is shown on the Water Master Plan.
Moving forward with the design of this project now is recommended so that the water line
construction can be incorporated into the development project, and the street construction can
be completed as near as possible to the completion of the Rupple Road segment to be
completed by the developer.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Grafton, Tull & Associates, Inc. has provided a proposed scope and fee in the amount of
$110,400.00 for the design of this project. The contract will be paid based on hourly rates for
work completed, up to the total contract amount.
BUDGET/STAFF IMPACT:
The design for the water and sewer relocations in this project are funded by the Water and
Sewer Capital Funds ($17,000) and the street portion is funded by the Sales Tax Capital Street
Improvements Fund ($93,400), using funds remaining in the 2006 Transportation Bond Project.
Attachments:
Engineering Agreement
Vicinity Map
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CRAFTON, TULL & ASSOCIATES, INC.
THIS AGREEMENT is made as oJU J , 2019, by and between City of Fayetteville, Arkansas,
acting by and through its Mayor (herein er ca led CITY OF FAYETTEVILLE) and Crafton, Tull &
Associates, Inc. with offices located in Arkansas (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 the Rupple Road Extension (The
"Project"). 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 design services in connection with the Project as hereinafter stated,
which shall include normal civil engineering and survey services.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendices A], A2, & A3 attached hereto and made part of this Agreement.
2.1.2 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.
Rupple Road Extension A — 1 022403
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILE shall, within a reasonable time, so as not to delay the services of
the 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 Guarantee access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform his services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals,
and other documents presented by ENGINEER and render in writing decisions pertaining
thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer 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 B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The CITY OF FAYETTEVILLE shall compensate the ENGINEER based on an hourly NTE
basis described in Appendix C.
5.1.1 The maximum not -to -exceed amount authorized for all survey, Right -of -Way documents, and
street/drainage design for as described in Appendices A 1 & A2 of this Agreement is $90,200,
not including reimbursable expenses. Compensation for reimbursable expenses is estimated
to be $3,200. 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.
Rupple Road Extension A-2 022403
5.1.2 The maximum not -to -exceed amount authorized for all water line design as described in
Appendix A3 of this Agreement is $17,000.
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 approved by CITY OF FAYETTEVILLE. Applications for payment 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 Design phase 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:
Rupple Road Extension A-3 022403
6.1.2
6.2
6.3
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
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.
Professional Responsibility
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. 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.
Cost Opinions and Projections
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
Rupple Road Extension A-4 022403
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
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.
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.
Rupple Road Extension A-5 022403
6.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 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 7.5.1 or 7.5.2 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 7.5.4 of
this clause.
6.6 Delays
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
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 7.8.3, 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 7.8.3 and 7.8.4 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;
Rupple Road Extension A-6 022403
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 7.14 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
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
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, 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
Rupple Road Extension A — 7 022403
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
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:
300 North College, Suite 317
Fayetteville, Arkansas 72701
6.14 Successor and Assigns
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
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
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.
Rupple Road Extension A-8 022403
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
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. The United States Environmental Protection Agency, the Comptroller
General of the United States, the United States Department of Labor, 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 8.3.1 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.
Rupple Road Extension A-9 022403
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
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, the State or EPA 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 8.5.1, 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.
Rupple Road Extension A-10 022403
7.6 Arkansas Freedom of Information Act
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
William Burnett, Vice President
ATTEST:
City Clerk _ ➢ �F(/ .7U
=s• CF �
SNS AS
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Rupple Road Extension A — 11 022403
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Crafton Tull
architecture 1 ergineering I surveying
Exhibit "Al"
Scope of Basic Services for:
Project:
Topographic Design Survey, Right of way and Easement Documents
Client:
City of Fayetteville
Location of Project:
N Ru le Road & Weir Road — Fayetteville, AR
Discipline:
Surve in
Discipline Manager:
Kevin Montgomery
Project Manager:
Luke Jost, P.E.
Proposal Date:
06/12/2019
Billing Type:
Hourly with a maximum, plus reimbursable expenses estimated $1200
Fee:
Topographic Design Survey:
Right of way & easement documents:
Total:
$11,600
$13,600
$25,200
Description of the
Construction
Project:
A topographic design survey of a part of North Rupple Road and Weir Road. Right of
way and easement documents for approximately 16 parcels. As shown on attached
Exhibit "C" aerial map of the site located in Fayetteville, AR.
The Service to be Provided bV the SurveVor are as Outlined Below:
Topographic Design Survey:
• A title company will provide a title search for the property to be surveyed along with copies of record plats,
deeds & easement documents that may affect this proposed project.
• A representative from our survey department will mark the site, and we will submit a request to the local utility
1 -Call System to mark all underground utilities within the proposed project site.
• Our GPS survey crew will set a minimum of two semi-permanent survey control monuments on the site that
will be tied to the city state plane coordinates and elevation datum to which all survey data for this project will
be referenced.
• We will provide a topographic survey of the project survey site as shown on attached Exhibit "C". Sufficient
ground elevation shots will be taken for the creation of 1' -contours across the survey site.
• We will locate all visible utility lines and those as marked by the utility 1 -Call System. All flow lines of drainage
inlets and pipes will be measured, and the invert elevation of sanitary sewer manholes will be recorded. All
pipe sizes will be measured and shown on the topographic survey.
• We will prepare an AutoCAD base survey drawing of the topographic design survey of the site, which will be
used for engineering design purposes. A separate boundary survey plat is not included in this scope.
Right of way and easement documents:
• We will prepare Right of way and easement documents with exhibits in the format as provided by the City of
Fayetteville for acquiring right of way from approximately 16 parcels.
Scope of Basic Services does NOT Include the Following:
• Preparation of a boundary survey plat, tract or lot split plats, tract or lot combination plats, or similar type plats
as may be required by the governing agency for approval of this project.
• Surveys and plats of the property for financing, sales, or other purposes other than as previously described,
such as an ALTA or as -built survey.
• Surveys of offsite utility, street or drainage improvements not within the survey site.
• Surveys for environmental studies, including wetland delineation.
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• Surveys for flood data or studies for Corps of Engineer, FEMA or other special government agency permitting.
• Surveys for location of geotechnical soil borings or pits.
• Surveying related to construction services or construction staking.
Note: Services listed can be provided for additional fee.
Client Shall Provide:
• Access for our survey crew personnel to enter the property to conduct the surveys.
This is the scope of services for the Project. Should there be additions to this scope of services, those
services shall be compensated for additional fee.
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Appendix "A2"
Scope of Basic Services for: Street & Drainage Design
Project:
Rupple Road Extension
Client:
City of Fayetteville, Arkansas
Location of Project:
N Rupple Road & Weir Road — Fayetteville, AR
Discipline:
Civil Engineering
Discipline Manager:
Luke Jost, P.E.
Project Manager:
Luke Jost, P.E.
Proposal Date:
July 2, 2019
Billing Type:
Hourly with a Maximum/Reimbursable estimated $2000
Fee/Estimate:
Street & Drainage Design: $65,000
TOTAL: $65,000
Description of the Construction
Improvements to Rupple Road from the termination as constructed with
Project:
the proposed Magnolia Park development to the current Rupple Road
alignment including the two intersections with Weir Road (approximately
1,000 LF). See anticipated project limits as described as 'future city
project' on the overall map found in Exhibit D. Improvements to match the
existing boulevard section to the south in accordance with the City of
Fayetteville Minimum Street Standards and Drainage Criteria Manual.
Additional Project Details:
• Roadway section to include driving lanes and center island with 6' sidewalk on the east side and 12' multi -use
trail on the west.
• Pedestrian crossings including button activated beacons are to be included in locations determined with the
City & Transportation Committee. One location anticipated at Rupple Road/East Weir Road.
• Landscape planting & irrigation plans are to be included for trees within the center island and green space
adjacent to the roads.
• Street lighting is to be provided in accordance with City of Fayetteville requirements. City of Fayetteville to
provide photometric analysis to determine street light spacing.
• Rupple Road to be closed to through traffic between Weir Road intersections. Plans will include a detour
signage plan.
• The anticipated let date for this project is January 2020.
The services to be provided by the Engineer:
Preliminary Design Phase (15%):
• Preliminary design of road alignment and profile
• Attend review meeting with the City to finalize alignment
• Represent project before the City's Transportation Committee
• Represent project at a public meeting with affected property owners.
• Develop preliminary ownership map (from GIS) to indicate adjacent
needs
• Identify franchise utility conflicts & required relocations
• Prepare preliminary cost estimate
ownerships and estimated right-of-way
50% Design Phase:
• Finalize roadway geometries based on comments from 15% design review
• Preliminary design of roadway drainage structures
• Coordinate utility relocations with franchise utilities
• Prepare the following construction drawings
Prepare the following construction drawings
o Title sheet
o Typical Section
o Plan & profile sheets
o Cross sections
Submit plans to the City for review
Prepare preliminary cost estimate
Utility Relocation & ROW Acquisition:
• Coordinate with City and Franchise utilities to coordinate necessary relocation
• Provide sketch & description documents for Right -of -Way acquisition
90% Design Phase:
• Revise plans based on City comments to the 50% Design submittal listed above
• Pre -Final design of Rupple Road extension
• Pre -Final design of drainage improvements for improvements listed above
• Prepare the following construction drawings
o Cover sheet
o Typical sections sheets
o Plan & profile sheets
o Cross sections
o Erosion control
o Signage & striping
o Detour Signage Plan
o Landscape & irrigation
o Traffic control
o Storm drainage layout
o Intersection geometry/median break/turn lane details
o Required notes & details
• Submit plans to City for review
• Prepare project special provision specifications for review
• Prepare cost estimate
Final Design Phase:
• Revise plans based on City comments to the 90% Design submittal listed above
• Final Quantity take -offs & engineers estimate broken down into developer and City shares
• Obtain construction approval
• Final project special provision specifications
Bidding & Negotiating Phase:
• Bid documents prepared and issued to bidders
• Answer bidder's questions and issue addenda
• Assist City with bidding process
END SCOPE OF SERVICES THIS CONTRACT
Items Provided by City:
• Photometric analysis and street light spacing
• Construction materials testing
• Acquisition of additional Right of Way and Easements
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Additional Items that can be provided by CTA under amendment or separate contract:
• Construction Administration
• Construction Observation
• FEMA Studies & Map Revision Applications (CLOMR/LOMR)
• Wetland Determinations
• Corps of Engineers Permitting
• Water Quality Feature design
• Traffic Study
• Traffic Signal Design
• Retaining Wall Design
• Landscaping Design
• ROW Acquisition Services
This is the scope of services for the Project. Should there be additions to this scope of services, those
services shall be compensated for additional fee.
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Appendix "A3"
Scope of Basic Services for: Waterline Design
Project:
Ru le Road Extension
Client:
City of Fayetteville, Arkansas
Location of Project:
N Ru le Road & Weir Road — Fayetteville, AR
Discipline:
Civil Engineering
Discipline Manager:
Luke Jost, P.E.
Project Manager:
Luke Jost, P.E.
Proposal Date:
July 2, 2019
Billing Type:
Hourly with a Maximum/Reimbursable
Fee/Estimate:
Waterline Design: $17,000
TOTAL: $17,000
Description of the Construction
Project:
Design of a waterline extension from the existing 8" main at Tanyard Drive
to the 4" Main along Northern leg of Weir Road. Waterline shall extend
along the west side of the roadway. Waterline to be 12" between Tanyard
Drive and the South Weir Road intersection. Waterline from South Weir
Road intersection to North Weir Road intersection to be 8".
Additional Proiect Details:
• Waterline to bid in two separate packages. First package to accompany Rupple Road plans to accompany the
Magnolia Park subdivision. Second package to bid with improvements described in Appendix A2.
• Connections to proposed/existing waterlines:
0 2 locations: 8" Tees/valves for connections to proposed waterline with Magnolia Park subdivision.
o Haymaker Place: 8" waterline connection to existing 8" waterline.
o Grouse Road: 8" waterline connection to existing 8" waterline.
o Country Meadows Street: 8" waterline connection to existing 8" waterline.
o Weir Road (southern leg): 12" waterline extension to existing 12" roughly 700 LF.
• Scope to include preparation of documentation necessary for Arkansas Dept. of Health review of waterline
extension. City of Fayetteville to submit and pay all application/review fees.
• Review schedule to align with that described in Appendix A2.
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Appendix "B"
Anticipated Design Schedule
• Notice to Proceed: July 16, 2019
• Field Survey: July 16 — August 9, 2019
• 15% Plan Submittal: August 21, 2019
o Transportation Committee Review: August 27, 2019
o City Review: August 19-30
• Utility Coordination: September -October 2019
• 50% Plan submittal: September 23. 2019
o City Review: September 23 -October 4, 2019
• 50% Plan revisions & ROW Acquisition Documents: October 18. 2019
• Finalize Utility Relocation Agreements: October 2019
• 90% Plans & Specifications Submittal: November 15, 2019
o City Review: November 15-20, 2019
• 100% Plans for Review: December 20, 2019
o Final City Review: December 20, 2019 -January 3, 2020
• Plans and Specifications for Bid: January 10, 2020
www.craftoiitull.com
MANHOUR ESTIMATE
RUPPLE ROAD EXTENSION
Grafton Tull CITY OF FAYETTEVILLE, ARKANSAS
June 12, 2019
Proposal
Item
No. Description
ADMN ENGR ENGR PROJ PROJ PRINC
ASST DSNR INTRN ENGR MGR ENGR
$70 $85 $95 $110 $170 $185
Estimated
Cost
1.0 Topographic Design Survey$11,600
2.0 Preliminary Design Phase (15% Plans),,
2.1 Preliminary Roadway Alignment & Profile
64
16
8
2
$8,930
2.2 Waterline Alignment
16
8
$2,240
2.3 Review, Stakeholder & Transportation Committee Meetin s
10
$1,700
2.4 ICost Estimate
8
8
$1,560
Subtotal
$12,870
3.0 ROW & Utility Relocation Plan Phase 50% Plans
3.1 Finalize Roadway Geometrics
16
8
2
$3,090
3.2 Preliminary Drainage Design
16
16
2
$3,220
3.3 Water Line P&Ps
40
4
$3,840
3.4 1 Plan Preparation
1
40
16
16
$6,680
3.5 Cost Estimate - Roadway
10
6
8
$2,300
3.6 Cost Estimate - Waterline
6
2
2
1
$920
Subtotal
$20,050
4.0 Utility Relcoation`& ROW Acquisition
4.1 Coordinate with City & Franchise Utilities
8
16
16
$5,160
4.2 Right of Way & Easement Documents (Survey)
80
32
18
$13,600
Subtotal
$18,760
5.0 Pre -Final Design Phase (90% Plans
5.1 Plan Revisions based on City Comment
40
8
2
$4,650
5.2 Finalize Waterline Plans
40
16
$5,160
5.3 Finalize Drainage Design
16
16
$3,120
5.4 Erosion Control Plans
1 4
8
2
1
$1,320
5.5 Traffic Control Plan
8
8
4
$1,880
5.6 Landscape and Irrigation
16
8
$2,240
5.7 Intersection Details
16
8
4
$2,800
5.8 Specifications - Roadway
6
8
2
$1,640
5.9 Specifications - Waterline
2
4
2
S920
5.10 Cost Estimate - Roadway
8
8
S1,560
5.11 lCost Estimate - Waterline
1 8
1 4
1 1
$1,120
Subtotal
$26,410
6.0 Final Bid Documents 100% Plans
6.1 Plan and Specification revisions based on City Comment
32
24
8
$6,720
6.2 Final Quantity Take -offs and Estimate - Roadway
12
12
6
6
2
S4,210
6.3 Final Quantic Take -offs and Estimate - Waterline
4
4
2
2
$1,280
Subtotal
$12,210
7.0 Bidding and Negotiation
7.1 Pre-bid Meeting
4
S680
7.2 Response to Questions & Addenda - Roadway
16
5
7
$3,100
7.3 Response to Questions & Addenda - Waterline
8
3
3
S1,520
Subtotal
$5,300
Total
8
1 532
80
228
1 82
1 26 1
$107,200
Notes:
Survey effort includes lines 1.0 & 4.2
Waterline effort includes lines 2.2, 3.3, 3.6, 5.2, 5.9, 5.11, 6.3, 7.3
Page 1 of 1
C
Crafton Tull
architecture I engineering I surveying
Appendix "C"
Standard Hourly Rate Schedule
Effective March 1, 2019
Hourly
Rate
INEERING PRINCIPAL ............................
$
185
ENGINEERING MANAGER .......................
$
170
INEERING MANAGER .............................
$
150
PROJECT ENGINEER ..............................
$
120
1JECT ENGINEER ....................................
$
110
INEER INTERN II ....................................
$
95
INEER INTERNI ....................................
$
85
ENVIRONMENTAL SCIENTIST ..................
$
145
'IRONMENTAL SCIENTIST ........................
$
85
ENGINEERING DESIGNER .......................
$
130
INEERING DESIGNER III .........................
$
100
INEERING DESIGNER II ..........................
$
85
INEERING DESIGNER I ...........................
$
75
INEERING CAD TECHNICIAN III ...............
$
70
INEERING CAD TECHNICIAN II ................
$
55
;INEERING CAD TECHNICIAN I .................
$
45
ISTRATIVE MANAGER .........................
$
125
ISTRATIVE IV .....................................
$
85
ISTRATIVE III .....................................
$
70
ISTRATIVE II ......................................
$
50
ISTRATIVE I .......................................
$
35
SR. LANDSCAPE ARCHITECT ........................
$
135
PROJECT LANDSCAPE ARCHITECT ...............
$
90
LANDSCAPE ARCHITECTURE DESIGNER .......
$
80
LANDSCAPE ARCHITECT INTERN ..................
$
60
PLANNING MANAGER ...................................
$
145
SR. PLANNER ..............................................
$
135
PLANNER II .................................................
$
90
PLANNER I ..................................................
$
75
Hourly
Category
Rate
INSPECTION
SR. INSPECTOR ..........................................
$ 95
INSPECTOR II ..............................................
$ 85
INSPECTOR I ...............................................
$ 60
SURVEYING
PROFESSIONAL SURVEYOR PRINCIPAL ........
$ 185
SR. PROFESSIONAL SURVEYOR ...................
$ 135
PROFESSIONAL SURVEYOR .........................
$ 100
SURVEY COORDINATOR ..............................
$ 85
SURVEYOR INTERN .....................................
$ 75
SURVEY PARTY CHIEF .................................
$ 75
SURVEY TECHNICIAN III ...............................
$ 55
SURVEY TECHNICIAN II ................................
$ 45
SURVEY TECHNICIAN I .................................
$ 35
GEOGRAPHIC I•- •
NAGER.............................................
$ 110
ALYST...............................................
$ 85
CHNICIAN II .......................................
L
$ 55
CHNICIAN I ........................................
$ 40
REIMBURSABLE EXPENSES
GPS Equipment..........................................$35/Hour
Robotic Survey Equipment ...........................$20/Hour
LiDAR Scanning Equipment ........................$35/Hour
UAV ....................................................$1000/Unit
Job Related Mileage....................................$0.55/Mile
Per Diem for Out of Town Crews.....Per GSA
Allowable
Airfare and other travel related expenses ..........
At Cost
Black and white 8.5"x11" Copies ..............
$0.15/sheet
Color 8.5'x11" Copies ............................
$1.50/sheet
Photo Paper Color Plan Sheet Copies ......
$0.75/sq. ft.
Reproducible Plan Copies (Vellum) ...........
$1.50/sq. ft
Reproducible Plan Copies (Bond) .............
$0.35/sq. ft.
All rates are subject to change without notice.