HomeMy WebLinkAbout223-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 223-19
File Number: 2019-0588
FTN ASSOCIATES, LTD:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH FTN ASSOCIATES, LTD., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $63,466.00 FOR
THE COMPLETION OF PHASE ONE OF AN ASSESSMENT OF THE LAKE FAYETTEVILLE
SPILLWAY CAPACITY AND RECOMMENDED IMPROVEMENTS AS REQUIRED BY THE
ARKANSAS NATURAL RESOURCES COMMISSION
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 FTN Associates, Ltd., pursuant to RFQ #19-01, in the amount of
$63,466.00 for the completion of Phase One of an assessment of the Lake Fayetteville spillway
capacity and recommended improvements as required by Arkansas Natural Resources Commission.
PASSED and APPROVED on 10/1/2019
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Lisa Branson, Deputy City Clerk�64, ON 11 o
Page 1 Printed on 1012119
City of Fayetteville, Arkansas 113 West Mountain Street
/ \ Fayetteville, AR 72701
I ` (479) 575-8323
Text File
File Number: 2019-0588
Agenda Date: 10/1/2019 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: A. 6
FTN ASSOCIATES, LTD:
File Type: Resolution
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH FTN ASSOCIATES, LTD., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $63,466.00
FOR THE COMPLETION OF PHASE ONE OF AN ASSESSMENT OF THE LAKE FAYETTEVILLE
SPILLWAY CAPACITY AND RECOMMENDED IMPROVEMENTS AS REQUIRED BY THE
ARKANSAS NATURAL RESOURCES COMMISSION
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 FTN Associates, Ltd., pursuant to RFQ #19-01, in the amount of
$63,466.00 for the completion of Phase One of an assessment of the Lake Fayetteville spillway capacity and
recommended improvements as required by Arkansas Natural Resources Commission.
City of Fayetteville, Arkansas Paye 1 Printed on 101212019
City of Fayetteville Staff Review Form
2019-0588
Legistar File ID
10/1/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 9/12/2019 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval an Engineering Services Agreement with FTN Associates, Ltd., pursuant to RFQ #19-01,
in the amount of $63,466.00 for Assessment of the Lake Fayetteville Spillway Capacity and Recommended
Improvements as Required by the Arkansas Natural Resources Commission.
Budget Impact:
5400.720.1840-5314.00 Water and Sewer
Account Number
02064.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Fund
Water & Sewer Rate/Operations Study
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 375,116.00
$ YN Y� 375,116.001
$ 63,466.00
$ 311,650.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments: RFQ 19-01, Selection 48
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 1, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: September 12, 2019
CITY COUNCIL MEMO
SUBJECT: RFQ 19-01, Selection #8 — Engineering Services Agreement with FTN
Associates, Ltd. for Assessment of the Lake Fayetteville Spillway Capacity
and Recommended Improvements as Required by the Arkansas Natural
Resources Commission
RECOMMENDATION:
Staff recommends approval an Engineering Services Agreement with FTN Associates, Ltd.,
pursuant to RFQ #19-01, in the amount of $63,466.00 for Assessment of the Lake Fayetteville
Spillway Capacity and Recommended Improvements as Required by the Arkansas Natural
Resources Commission.
BACKGROUND:
The Lake Fayetteville Dam is regulated by the Arkansas Natural Resources Commission
(ANRC) and is classified as an `intermediate -size, high -hazard' dam based on storage volume
and downstream conditions, respectively. The City of Fayetteville Water and Sewer Division is
responsible for Dam maintenance, inspection, and upkeep. The ANRC completed a
comprehensive inspection of the dam and available reports/plans most recently in Fall 2018.
One of the key findings by ANRC was that the spillway is reported to have a capacity to pass
50% of the Probable Maximum Flood (PMF), however, for an intermediate/high-hazard
classification the spillway must be capable of passing 100% of the PMF.
DISCUSSION:
FTN Associates, Ltd. is a local engineering firm with expertise in lakes, dams, hydraulics, and
hydrology. They were formally selected per RFQ 19-01, Selection #8 to provide engineering
analysis and design regarding the current Lake Fayetteville spillway capacity and to explore
options for increasing this capacity to pass 100% of the PMF. Phase One of this study will
provide the hydraulic and hydrologic calculations necessary to define the PMF in this
watershed, and assess the actual capacity of the current spillway. Future Phases Two and
Three would analyze downstream effects (City of Johnson) and construction -level engineering
design. After each phase of this project, the City will meet with ANRC to ensure compliance and
agreement for next steps. Phase One of this study is not to exceed $63,466.00.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
Funds are available in the Water & Sewer Rate Operations Study account within the Water and
Sewer Fund.
Attachments:
Engineering Services Agreement with FTN Associates, Ltd.
Fee/Tasks Matrix
Fri
water resources 1 environmental consultants 124 W Sunbridge Drive, Suite 3 • Fayetteville, AR 727073 • (479) 571-3334 • FAX (479) 571-3338
August 9, 2019
cgranderson@fayetteville-ar.gov
Mr. Corey Granderson, PE
Utilities Engineer
City of Fayetteville
2435 S Industrial Drive
Fayetteville, AR 72701
RE: Revised Lake Fayetteville Spillway Modification Feasibility Study
FTN No. P04370-2159-001
Dear Mr. Granderson:
FTN Associates, Ltd. (FTN) appreciates the opportunity to submit the following revised proposal
to provide professional engineering services related to a feasibility study for potential spillway
modifications at Lake Fayetteville in Fayetteville, AR (the Project).
Our Basic Services for the Project are proposed to be performed in a phased approach. Phase I
will consist of providing for topographic surveying services and updating hydrologic and
hydraulic analyses in support of the feasibility study, all as set forth in the printed Scope of Work
for Basic Services included as Appendix A to the terms of the Agreement for Professional
Engineering Services Between City of Fayetteville, Arkansas and FTN Associates, Ltd. (the
Agreement). We will also furnish such Additional Services as you may request. Subsequent
phases of the Project will be addressed in the future once the results of Phase I are known so as
to allow for the definition of detailed Scopes of Work to be developed.
We expect to start our services promptly after receipt of your acceptance of this proposal and
written authorization to proceed. We anticipate Phase 1 requiring approximately 6 months to
complete following the approval of its authorization to proceed. Additional information
regarding the project schedule and deliverables is presented in Appendix B to the Agreement.
This proposal, which includes the Agreement and its associated appendices, represents the entire
understanding between you and us with respect to the Project and may only be modified in
writing signed by both of us. This proposal will be open for acceptance until October 27, 2019,
unless changed by us in writing.
Initial
Corporate Office: 3 Innwood Circle, Suite 220 -Little Rock, AR 72211 -Phone (501-225-7779)•Fax (501-225-6738)
Regional Offices: Fayetteville, AR; Baton Rouge, LA; Chesterfield, MO•www.ftn-assoc.com•ftn@ftn-assoc.com
Mr. Corey Granderson, PE
August 9, 2019
Page 2
We appreciate having the opportunity to work with you on this Project. If you have questions or
need additional information please don't hesitate to call me or Kale Farmer, PE, CFM, at
(479) 571-3334.
Respectfully submitted,
FTN ASSOCIATES, LTD.
Lee Beshoner, PE, CFM
Senior Water Resources Engineer
LJB/kae
Attachments
S:\PROPOSALS\04370-2159-001\FINAL\2019-08-09 FTN PROP CITY OF FAYETTEVILLE-SPILLWAY FEASIBILITY STUDt-REVI.DOCX
Initial
Wift
AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
FTN ASSOCIATES, LTD.
THIS AGREEMENT is made as of October 1, 2019, by and between City of Fayetteville, Arkansas,
acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and FTN Associates,
Ltd. (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix
A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Lake Fayetteville Spillway Improvements Phase I — Professional Engineering Services
Page 2
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 Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The Utilities 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 maximum not -to -exceed amount authorized for this Agreement is $63,500. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in
Appendix C.
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 study and report for the Project.
Lake Fayetteville Spillway Improvements Phase I — Professional Engineering Services
Page 3
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
Lake Fayetteville Spillway Improvements Phase 1 — Professional Engineering Services
Page 4
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 the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies
to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
Lake Fayetteville Spillway Improvements Phase 1 — Professional Engineering Services
Page 5
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
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.
Lake Fayetteville Spillway Improvements Phase 1 — Professional Engineering Services
Page 6
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If
timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of
these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature and
amount of relief sought, the reason relief should be granted, and the appropriate portions
of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE 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.
Lake Fayetteville Spillway Improvements Phase 1 — Professional Engineering Services
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6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, 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.
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:
124 W. Sunbridge Drive
Suite 3
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
Lake Fayetteville Spillway Improvements Phase 1 — Professional Engineering Services
Page 8
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase
orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
Lake Fayetteville Spillway Improvements Phase I —Professional Engineering Services
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7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
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.
Lake Fayetteville Spillway Improvements Phase I — Professional Engineering Services
Page 10
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 on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
Lake Fayetteville Spillway Improvements Phase 1 — Professional Engineering Services
Page I 1
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 FAWTTEVILL, ARKANSAS ENGINEER
B s�
ATTEST: -R K
By: .`��l•' �l T Y • �:9s% Title: Branch Mgr. / Water Resources Eng.
City Clerk
END OF AGREEN". PRC I4S SNAL ENGINEERING SERVICES
���i •.;rq NSP`; ••����•
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Lake Fayetteville Spillway Improvements Phase 1 — Professional Engineering Services
APPENDIX A
Scope of Work for Basic Services
Feasibility Study for
Lake Fayetteville Spillway Modifications
Fayetteville, Arkansas
Attached to and made part of the Agreement for Professional Engineering Services dated
October 1, 2019 between FTN Associates, Ltd. (ENGINEER) and the City of Fayetteville, AR
(CITY OF FAYETTEVILLE), with respect to the Project described therein. The objectives,
proposed tasks, and assumptions for the Project are as follow:
OBJECTIVE
The primary objective of the Project is to perform updated hydrologic and hydraulic analyses on
Clear Creek upstream of the Lake Fayetteville dam to determine the Probable Maximum Flood
(PMF) event based on up-to-date information. This information is intended to aid the CITY OF
FAYETTEVILLE in determining the current spillway capacity and the future development of
spillway modifications if required. Based on Title 7 of the Arkansas Natural Resources
Commission's (ANRC) Rules Governing Design and Operation of Dams, the dam is classified as
a high hazard dam of intermediate size and should, therefore, be capable of safely passing the
Probable Maximum Flood (PMF). Existing information provided by the CITY OF
FAYETTEVILLE indicates that that the current configuration of the spillway is capable of
passing a 0.43 PMF event without overtopping the dam. The use of more up to date precipitation
data for probable maximum precipitation, as well as updated land use characteristics contributory
watersheds will provide for a more accurate assessment of the potential need for spillway
modifications.
The Project is proposed to be performed using a phased approach with subsequent phases
structured in a manner that will provide the CITY OF FAYETTEVILLE with an opportunity to
choose an alternative that will allow them to obtain an orderly and cost-effective solution to
modifying the Lake Fayetteville spillway. The following specific tasks are proposed to
accomplish this objective.
PHASE I — EXISTING CONDITIONS EVALUATION
TASK 1: TOPOGRAPHIC SURVEY
ENGINEER will coordinate with its surveying subconsultant, B&F Engineering, Inc. (B&F), to
develop hydrographic and topographic surveying of portions of the existing dam and spillway,
including the spillway approach channel. This information will be used to develop a terrain
model for those areas relevant to the existing conditions analysis and potential future spillway
improvements. ENGINEER proposes to use B&F as our surveying subconsultant for the Project
due to their extensive experience performing bathymetric and topographic surveying of this type.
This task generally consists of the following:
1) Preparation and travel to site;
APPENDIX A - Lake Fayetteville Spillway Improvements Phase 1
Appendix A
August 9, 2019
Page 2
2) Coordinate and meet on-site with ENGINEER to clarify specific extents of the survey,
including in -field coordination with engineer to discuss site area. A digital extent of the
proposed survey area can be provided upon request;
3) The basis of horizontal and vertical control will include at least three control points set as
part of the current survey and shall be referenced to Arkansas State Plane, North
Coordinate System, NAD 83, US survey foot (horizontal) and NAVD 88 (vertical). The
monuments will be on or near the dam such that they can be used in the future for
construction control;
4) Identify existing survey control (datum information to be provided by the CITY OF
FAYETTEVILLE, if available) and tie to current survey;
5) Perform bathymetric survey of the spillway approach channel and topographic survey of
a portion of the dam embankment (approximately 10.5 -acre area) and perimeter area.
Topographic survey will, include sufficient field ties to produce 1 foot contours (1"=50'
in perimeter areas and 1"=20' in areas likely to be included in new spillway design).
6) Download and process data;
7) Upload data to terrain modeling software (e.g., AutoCAD, etc.) and create surface model;
and
8) Review and address QA/QC comments regarding data gathered.
While it is our understanding that the CITY OF FAYETTEVILLE has access to on-call
contractors and vendors, which they have expressed interested in using to potentially reduce
costs for this activity, it was determined that ENGINEER's surveying subconsultant, B&F
provided a competitive fee and familiarity with required task and will be used for this task.
Additionally, ENGINEER will review the delivered survey data provided by its subconsultant
with respect to its suitability for use in the feasibility analysis and will coordinate with the
surveyor for the resolution of deficiencies.
As the schedule for the survey can be highly variable depending upon weather conditions, as
well as water levels in Lake Fayetteville and Clear Creek, we anticipate that, given adequate
field conditions, the survey will be completed within two (2) months following receipt of
authorization and notice to proceed.
TASK II: EXISTING CONDITIONS HYDROLOGIC ANALYSIS
ENGINEER will gather and process available topographic data and utilize hydrologic modeling
previously developed as part of the Washington County Flood Insurance Study update,
performed by the State of Arkansas Cooperating Technical Partners (CTP), to extend data
downstream to the Lake Fayetteville dam. This hydrologic model will determine updated peak
discharges for the 10%, 4%, 2%, 1% and 0.2% annual chance (10 -yr, 25 -yr, 50 -yr, 100 -yr and
500 -yr recurrence interval, respectively) rainfall events.
APPENDIX A - Lake Fayetteville Spillway Improvements Phase 1
Appendix A
August 9, 2019
Page 3
ENGINEER also will determine the Probable Maximum Flood (PMF) at the dam using Probable
Maximum Precipitation (PMP) estimates taken from NOAA's Hydrometeorological Report No.
51 (HMR -51) and the State of Arkansas's ongoing PMP restudy to perform a brief comparison
between the different results. From discussions with State of Arkansas personnel, the ongoing
PMP study could be used when estimating the PMF based on the studies overall progress.
Additionally, while reviewing existing conditions and PMF discharges through the spillway,
ENGINEER will coordinate with the CITY OF FAYETTEVILLE and the Northwest Arkansas
Regional Planning Commission (NWARPC) to gather available future land use and growth
projections (e.g., year 2030, etc.) to determine future runoff conditions and possible impacts to
the Lake Fayetteville spillway.
All hydrologic analyses will be run for 24 -hr rainfall events and are proposed to be performed
using the existing HEC -HMS model used for the Arkansas CTP study. This task does not include
further subdivision of drainage basins or modification of model parameters within the previous
CTP study area, other than those listed specifically in this Scope of Work. If further revisions are
requested, they can be performed as Additional Services.
Additionally, no further hydrologic modeling is proposed below the Lake Fayetteville spillway at
this time. If proposed spillway improvements alter hydrologic discharges downstream of the
dam, then those modeling efforts will be conducted during following project phases. Additional
scenarios or storm events beyond those described above are not included within this scope and, if
requested, will be performed as Additional Services.
TASK III: EXISTING CONDITIONS HYDRAULIC ANALYSIS
Using the data developed in Tasks I and II, ENGINEER will develop an existing conditions
hydraulic model of Clear Creek using HEC -RAS to determine discharges being released by the
spillway in its current configuration. This model will serve as the basis of comparison for all
proposed design scenarios developed in later phases and the basis for possible dam breach
modeling resulting from the Lake Fayetteville spillway project. Downstream boundary
conditions will be based on Clear Creek profiles taken from the Washington County, AR Flood
Insurance Study.
TASK IV: PROJECT MANAGEMENT
Project management and client coordination, including preparation of monthly progress reports,
and up to two additional meetings at the CITY OF FAYETTEVILLE offices.
Once the existing conditions hydrologic and hydraulic analyses are completed, ENGINEER will
prepare a short summary report describing the findings and provide recommendations regarding
possible steps forward with Phase II to examine actions that may be performed to potentially
modify the Lake Fayetteville dam.
APPENDIX A - Lake Fayetteville Spillway Improvements Phase 1
Appendix A
August 9, 2019
Page 4
DRAFT OUTLINE SCOPE OF WORK FOR SERVICES RELATED
TO REMAINING PHASES
PHASE II — SPILLWAY FEASIBILITY ANALYSES
(SPECIFIC SCOPE OF SERVICES TO BE DEVELOPED FOLLOWING COMPLETION PF PHASE 1)
(THIS PHASE MA Y INCL UDE SCENARIOS THAT INCLUDE ADDITIONAL MODELING DOWNSTREAM)
(POTENTIAL FEE RANGE: $75,000-$125,000* SUBJECT TO NUMBER AND TYPE OF SCENARIOS CHOSEN)
TASK I: GEOTECHNICAL INVESTIGATION
TASK II: SPILLWAY FEASIBILITY ANALYSES SCENARIOS
TASK III: FEASIBILITY STUDY REPORT AND CONCEPTUAL DESIGN(S)
TASK IV: COORDINATION AND PROJECT MANAGEMENT
PHASE III — DESIGN PHASE
(SPECIFIC SCOPE OF SERVICES TO BE DEVELOPED FOLLOWING COMPLETION OF PHASE 2
(POTENTIAL FEE RANGE: $$150,000- X225, 000)
TASK I: 30% CONCEPT DESIGN SUBMITTAL
TASK II: 60% DESIGN SUBMITTAL
TASK III: 90% DESIGN SUBMITTAL
TASK IV: FINAL DESIGN SUBMITTAL
TASK V: REGULATORY FLOODPLAIN COORDINATION AND COMPLIANCE
TASK VI: SECTION 404 PERMITTING (CONCURRENT WITH DESIGN TASKS)
TASK VII: —ADEQ SHORT TERM ACTIVITY AUTHORIZATION (STAR)
TASK VIII: CONSTRUCTION STORM WATER PERMITTING
TASK IX: COORDINATION AND PROJECT MANAGEMENT
APPENDIX A - Lake Fayetteville Spillway Improvements Phase 1
SCHEDULE
APPENDIX B
Schedule and Deliverables
Feasibility Study for
Lake Fayetteville Spillway Modifications
Fayetteville, Arkansas
PROJECT AUTHORIZATION
TOPOGRAPHIC SURVEY
START* END*
10/1/2019
10/1/2019 1 12/2/2019
EXISTING CONDITIONS HYDROLOGIC 10/1/2019 2/28/2020
ANALYSIS
EXISTING CONDITIONS HYDRAULIC 2/1/2020 4/3/2020
ANALYSIS
PROJECT MANAGEMENT
10/1/2019 1 4/3/2020
* All dates calculated based off assumed start date of 10/1/2019.
DELIVERABLES
Short summary report describing the findings and provide recommendations regarding possible
steps forward with Phase II to examine actions that may be performed to potentially modify the
Lake Fayetteville Dam and spillway to meet ANRC criteria.
APPENDIX B - Lake Fayetteville Spillway Improvements Phase 1
APPENDIX C
2019 Fee Schedule[
FTN Associates, Ltd.
Labor Category Hourly Rate
Professional 7
$ 199.00
Professional 6
178.00
Professional 5
158.00
Professional 4
140.00
Professional 3
122.00
Professional 2
107.00
Professional 1
95.00
Technician 4
97.00
Technician 3
87.00
Technician 2
76.00
Technician 1
64.00
Executive Assistant
71.00
Word Processing
62.00
Should back-up data be requested for reimbursable expenses, it will be provided for an
administrative fee.
Payment Terms
Unless other arrangements are made in writing, invoicing will be monthly for services
completed. Payment is due in full within 30 days of invoice.
'Effective January 1, 2019 — December 31, 2019
APPENDIX C - Lake Fayetteville Spillway Improvements Phase I
P7 PB
2019 Rates
Topographic BYtVey„
Ccardina8on
S t V ls^
FTN Sury y S b nsultant
OAOC ........ _.
2 Hydrology
Terrain data gathering
Temam processing fH&H
Detailed review of ezisbng da
Condlben Paramenters
elopment of parameter,
Model runs
OA Reviews/Revisio
Development of pala11M41a j
Model assemhly
_.._. ..
................. ... _....... _. _.._..__.
Hydrwlic modeling
DA Rev:ewslRevsons
4 Project Management /
Coordination
Protea Management
Ca tl [on
Results Meeting
FTN Fee
4
12
S
2,312
2
12
$
1996
.. _... ...., ...
1 4 i
_ ..........
8
.__._._ —__ _........
S 19,000 $
1,900
_ . _. _.....
1
4
i
$
S
-•--
1,930
646
2 I ..._Z__
.
...... ._ _
2
8
........_ 10
8 18
�._._.
I I .._ _
j
$
.. _..1..._._ _.
...._.."' .....— I_ b
I $
1.572
2.060
3,108
___ _-
2
4 8
$
1.e32
2
8 18
' j
;
$
3,388
......._._ _..—......._—
4
_____....'...........__
................__....�.._._... .....................
j 8
.............. i."'—"....
'.,
d88
2 2
/ I
2 1
S 18
S
S
1 440
3,704
_
__... _.... _........
8 12
_....... ... .........
j
i......._ _.......... _ ....................._...._....__..........__.:.......__
$
_ _._.......... _.._.....
2,581
S 8
... 3..
2.098
-_..
._
.......
2 2
2 4
$
1 440
....-;�. .. `
6 12
12
! 8 $
5.140
8
__......
z 4 s
8 8 I
B
_..
e
.......
e
} ..._ .. _.......................?---.
i
,
i
e .......
$
$
2384
3566
] 712
8
i
E
FTN Fee Total
5 63,66