HomeMy WebLinkAbout242-19 RESOLUTION113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Resolution: 242-19
File Number: 2019-0697
RFQ 19-01 MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT
OF $92,200.00.00 FOR THE DESIGN OF THE WEST CENTER STREET AND NORTH HARMON
AVENUE INTERSECTION, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #19-01, in the
amount of $92,200.00 for the design of the West Center Street and North Harmon Avenue intersection.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 11/5/2019
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Page 1 Printed on 1118/19
TT City of Fayetteville, Arkansas 113 West Mountain Street
\ Fayetteville, AR 72701
(479) 575-8323
/ Text File
File Number. 2019-0697
Agenda Date: 11/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A 4
RFQ 19-01 MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #19-01, IN THE
AMOUNT OF $92,200.00.00 FOR THE DESIGN OF THE WEST CENTER STREET AND NORTH
HARMON AVENUE INTERSECTION, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #19-01, in the
amount of $92,200.00 for the design of the West Center Street and North Harmon Avenue intersection.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 111612019
City of Fayetteville Staff Review Form
2019-0697
Legistar File ID
11/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Casey 10/16/2019 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends City Council approval of a contract in the amount of $92,200.00 with McClelland Consulting
Engineers, Inc. to provide professional services for the design of the intersection of W. Center Street and N. Harmon
Avenue. Approval of a Budget Adjustment allocating project funds between sub -projects. RFQ 19-01 Selection #28
4620.860.7219-5860.02
Account Number
46020.7219
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Budget Impact:
4602 - Transportation Project 2019 Bond
Fund
Center St/Harmon Intersection
Project Title
Current Budget $ 36,260,961.00
Funds Obligated $ 2,808,069.53
Current Balance $ 33,452,891.47
Item Cost $ 92,200.00
Budget Adjustment $ -
Remaining Budget $ 33,360,691.47
V20180321
Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 5, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Chris Brown, City Engineer
FROM: Matt Casey, Engineering Design Manager
DATE: October 16, 2019
CITY COUNCIL MEMO
SUBJECT: Approval of a contract in the amount of $92,200.00 with McClelland
Consulting Engineers, Inc. to provide professional services for the design
of the intersection of W. Center Street and N. Harmon Avenue. RFQ 19-01
Selection #28
RECOMMENDATION:
Staff recommends City Council approval of a contract in the amount of $92,200.00 with
McClelland Consulting Engineers, Inc. to provide professional services for the design of the
intersection of W. Center Street and N. Harmon Avenue and approval of a Budget Adjustment
allocating project funds between sub -projects. The City Council Transportation Committee will
review this contract at their October 29, 2019 meeting.
BACKGROUND:
The Center and Harmon intersection is a priority project in the 2019 Bond Program. Located
between the University of Arkansas and Fayetteville High School, this intersection has a high
volume of both vehicular and pedestrian traffic. With the awkward vertical grades and horizontal
alignment of the intersection, it makes for a difficult intersection to navigate. This project will
include some minor alignment changes, a traffic signal and turn lanes to the west and north legs
of the intersection. Pedestrian accommodations will be included with the signal installation as
well.
DISCUSSION:
This project has been identified as one of the projects to be funded by the first phase of the
2019 Transportation Bond Program. McClelland Consulting Engineers, Inc. has provided a
proposed scope and fee in the amount of $92,200.00 for the design of this project. The contract
will be paid based on hourly rates for work completed, up to the total contract amount. The total
estimate for the project for design and construction is $1,280,000. The design is expected to be
completed in October of 2020 with construction beginning in early 2021.
BUDGET/STAFF IMPACT:
The design for this project will be paid for with the funds from the 2019 Transportation Bond
Project.
Attachments:
Engineering Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Vicinity Map
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENGINEER
THIS AGREEMENT is made as of -AvVeWbef J � , 2019, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF
FAYETTEVILLE) and ENGINEER (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.
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2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at 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 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.
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SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $ 92,200.00.
The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis
described in Appendix C.
5.2 Statements
5.2.1 Monthly statements for each calendar month shalt 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.
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.
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SECTION 6- GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in
United States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each
renewal of coverage.
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
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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:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to
termination.
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6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable
adjustment in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or
other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to
cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's
default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for
convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall
include a reasonable profit for services or other work performed. The equitable
adjustment for any termination shall provide for payment to ENGINEER for services
rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by ENGINEER relating to commitments which
had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above,
ENGINEER shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data,
drawings, specifications, reports, estimates, summaries and such other
information and materials as may have been accumulated by ENGINEER in
performing this Agreement, whether completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the
work under this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of CITY OF
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.
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6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shalt apply to any and all
disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any
way are related to, this Agreement, including, but not limited to the interpretation
of this Agreement, the enforcement of its terms, any acts, errors, or omissions of
CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and
disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated
prior to exhaustion of these procedures, such action shall be stayed, upon
application by either party to a court of proper jurisdiction, until the procedures in
Paragraphs 6.8.3 and 6.8.4 have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based,
the party seeking relief shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident,
accident, or first observance of defect or damage. In both instances, the Notice
shall specify the nature and amount of relief sought, the reason relief should be
granted, and the appropriate portions of this Agreement that authorize the
relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the
dispute. If the dispute cannot be resolved at that level, then, upon written request
of either side, the matter shall be referred to the President of ENGINEER and the
Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the
Project Site or such other location as is agreed upon within 30 days of the written
request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
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6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of
ENGINEER's employees and the importance of ENGINEER's public relations,
ENGINEER may prepare publications, such as technical papers, articles for
periodicals, and press releases, pertaining to ENGINEER's services for the Project.
Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY
OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts
promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information
from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably
withhold approval. The cost of ENGINEER's activities pertaining to any such
publication shall be for ENGINEER's account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from
and against any and all loss where loss is caused or incurred or alleged to be caused
or incurred in whole or in part as a result of the negligence or other actionable
fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of
CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and
copies of other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard
copy or electronic media prepared by ENGINEER as part of the Services shall
become the property of CITY OF FAYETTEVILLE when ENGINEER has been
compensated for all Services rendered, provided, however, that ENGINEER shall
have the unrestricted right to their use. ENGINEER shall, however, retain its rights
in its standard drawings details, specifications, databases, computer software, and
other proprietary property. Rights to intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of
ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced. ENGINEER makes
no warranty as to the compatibility of these files with any other system or
software. Because of the potential degradation of electronic medium over time, in
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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:
1810 N. College Avenue
Fayetteville, Arkansas 72701
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to
the successors, executors, administrators, and assigns of such other party, in
respect to all covenants of this Agreement; except as above, neither CITY OF
FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the
Agreement without the written consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws
of the State of Arkansas without regard to any conflicts of law provisions.
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.
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SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way
relieve ENGINEER of responsibility for the technical adequacy of the work. Neither
CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of
the services shall be construed as a waiver of any rights under this Agreement or of
any cause of action arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or
other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other
express or implied assurances under this Agreement or State law and in no way
diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER
for faulty materials, equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims,
disputes and other matters in question between CITY OF FAYETTEVILLE and
ENGINEER arising out of or relating to this Agreement or the breach thereof will be
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
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from the date of final payment for the project. In addition, those records which
relate to any controversy arising out of such performance, or to costs or items to
which an audit exception has been taken, shall be maintained and made available
until three years after the date of resolution of such appeal, litigation, claim or
exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000
affecting the price of any formally advertised, competitively awarded, fixed
price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally
advertised, competitively awarded, fixed price agreement. However, this right
of access does not apply to a prime agreement, lower tier subagreement or
purchase order awarded after effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance,
excluding any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement of understanding
for a commission, percentage, brokerage or continent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by
ENGINEER for the purpose of securing business. For breach or violation of this
warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement
without liability or at its discretion, to deduct from the contract price or
consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
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
Professional Engineering Services Contract -10.15.19 Center Street & Harmon Avenue
#19-2170 11
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. 525-19-101
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 FAYEFEVILLE, ARKANSAS ENGINEER
KevinBeaUrllOntDate:2019.10.16
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• Vice President/ Department Head
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END OF A(, -'W- TAFSOR.POOaSSIONAL ENGINEERING SERVICES
Professional Engineering Services Contract -10.15.19 Center Street & Harmon Avenue
#19-2170 12
APPENDIX 'A'
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
CENTER STREET & HARMON AVENUE INTERSECTION IMPROVEMENTS
1. Scope of Project
The scope of work and associated tasks associated with this project are as follows:
• The project (Refer to Exhibit #1) includes improvements to approximately 405 linear feet
of W. Clinton Drive and W. Center Street as well as approximately 250 linear feet of N.
Harmon Avenue, at the intersection of the aforementioned, by way of;
o Overlaying and widening of existing street over approx. 420 linear feet to 33' face -
of -curb to face -of -curb along W. Clinton Drive and N. Harmon Avenue. Consider
also reconstruction of full intersection with concrete pavement.
o A 10 -foot wide concrete sidewalk/ trail of approx. 245 feet length to northwest
side of intersection.
o Retaining wall to west side of walk/trail adjacent N. Harmon Ave.
0 5 -foot wide concrete sidewalk of approx. 420 feet length to southwest and
northeast quadrants of intersection.
o Signalization/ pedestrian crossing lighting at intersection,
o Pavement striping and signage in accordance with City of Fayetteville standards.
o Stormwater drainage improvements to intersection. Evaluate need and include
drainage design along west portion of Harmon Avenue if directed by City.
o Curb & gutter.
o Driveway connections.
o Coordination with UofA Parking & Transit ref. design.
o Utility coordination. Design of Water & Sewer improvements is not included
within scope.
o Traffic Study to evaluate traffic flows for intersections of Harmon Ave/ Center St
and Duncan Ave/ Center St.
o Evaluate effectiveness of various options for multiple storm events.
o Develop detailed cost estimate.
o Detailed technical specifications.
o Project manual.
• Meetings (Public, Private and City);
o Prepare exhibits and documentation for one public meeting to include; City,
landowners and general public.
o Evaluate comments and concerns from meetings, discuss with City.
APPENDIX A — Scope of Services A-1 #19-2170
Center Street & Harmon Avenue
Basic Services
The Basic Services of the ENGINEER as described in the agreement shall be as stated in the
Scope of Project above.
Proiect Deliverables
a. One copy of Traffic Study Report for Center/ Harmon/ Duncan.
b. Four half-size (11"x17') copies of the Design Plans and Cost Estimates
C. One copy of Project Manual, complete with Specifications & Bid Tab.
d. One electronic copy of the same documentation.
APPENDIX A — Scope of Services A-2 #19-2170
Center Street & Harmon Avenue
APPENDIX 'B'
SCHEDULE
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
CENTER STREET & HARMON AVENUE INTERSECTION IMPROVEMENTS
The ENGINEER shall begin work under this AGREEMENT within ten (10) calendar days of issuance
of Notice to Proceed and shall complete the work in accordance with the schedule below.
Note that the durations shown on the project schedule are based on actual Working Days NOT Calendar
Days.
Task Name
Start
Finish
Duration
- 192170 - Center St & Harmon Ave intersection
10124119
01/08/21
317d
- Fee Proposal
10,124/19
11/05/19
9d
Transportation Committee
10/24119
10/24119
1d
City Council
11,105/19
11/05/19
1d
_ Design Phase
11/11/19
01/08/21
305d
Traffic Study
1111/19
11129/19
15d
-; 30% Design Submittal
11/18119
02/14/20
65d
30% Design
11/18/19
01/17/20
45d
City Review
01120/20
02/14/20
20d
- 60% Design Submittal
02117120
06/12/20
85d
60% Design
02'17/20
05115120
65d
City Review
05,118/20
06/12120
20d
Final Design Submittal
061115;20
01108/21
150d
Final Design
06.'15/20
09/11120
65d
City Review
09.!14!20
10,`09120
20d
Right of Way' Property Acquisition
06115'20
10/09/20
85d
Bid Process
10112.120
01,108/21
65d
APPENDIX B - Scope of Services B-1 #19-2170
Center Street & Harmon Avenue
APPENDIX "C"
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
CENTER STREET & HARMON AVENUE INTERSECTION IMPROVEMENTS
• CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an amount equal to
the cumulative hours charged to the Project for each class of ENGINEER's employees
multiplied by ENGINEER'S Hourly Rates as shown on the attached Exhibit "2", plus approved
Reimbursable Expenses and ENGINEER's Consultant charges, if any. ENGINEER's Hourly
Rates as shown on the attached Exhibit "2" shall be adjusted annually each January 1. For
ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall pay the ENGINEER the
amount billed to the ENGINEER times a factor of 1.00.
• Basic Services: Payment by CITY OF FAYETTEVILLE based on ENGINEER's Hourly
Rates shall approximate the following schedule. Payment for a specific phase shall
not exceed the scheduled amount prior to completion of that phase. Underruns in
one phase may be used to offset overruns in another phase as long as the contract
amount is not exceeded.
Topographic Surveys $ 5,500.00
ROW & Easements $ 7,500.00
Property & Boundary Resolution $ 2,450.00
Geotechnical Investigations $ 3,000.00
Traffic Study $ 11,500.00
Civil Design Phase $ 56,500.00
Brown Electrical $ 4,500.00
Total Basic Services $ 90,950.00
APPENDIX C — Scope of Services C-1 #19-2170
Center Street & Harmon Avenue
Additional Services: Any and all Additional Services must be approved, and maximum
amount to be paid for said services agreed to, in writing by CITY OF FAYETTEVILLE prior to
rendering of same. CITY OF FAYETTEVILLE shall pay ENGINEER for Additional Services
rendered an amount equal to the cumulative hours charged to the Project for each class of
ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the attached
Exhibit "2", plus approved Reimbursable Expenses and ENGINEER'S Consultant charges, if
any. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall pay the
ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable Expenses
incurred in connection with Basic and Additional Services. Reimbursable Expenses must be
approved by the CITY OF FAYETTEVILLE prior to the incurrence of such expenses. The
estimated amount of Reimbursable Expenses to be incurred in connection with Basic
Services is:
SUB -TOTAL Reimbursable Expenses $ 1,250.00
The maximum payment to the ENGINEER for all of the Basic Services and Reimbursable
Expenses identified within this Agreement shall not exceed $92,200.00 in total.
ENGINEER shall submit invoices monthly for services rendered and expenses borne. The
invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel
working on the project.
The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive)
paid to all personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, surveyors, designers, draftsman, specification writers, estimators,
other technical personnel, stenographers, typists and clerks; plus the cost of customary and
statutory benefits including, but not limited to, social security contributions,
unemployment, excise and payroll taxes, workers' compensation, health and retirement
benefits, bonuses, sick leave, vacation and holiday pay applicable thereto; plus operating
margin or profit, non -project operating costs, and all general and administrative overhead
costs, including but not limited to, furnishing and maintaining office facilities, furniture,
utilities, vehicles and equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in
connection with the PROJECT for printing and reproduction costs and ENGINEER's
consultant charges. Any and all expenditures for reimbursable expenses must be approved
by the CITY OF FAYETTEVILLE prior to rendering or obtaining same. Overtime salary costs
are not considered Reimbursable Expenses.
APPENDIX C — Scope of Services C-2 #19-2170
Center Street & Harmon Avenue
EXHIBIT #2
fiyMCCLELLAND
CONSULTING "CE
m, mmmyrimmu ENGINEERS, INC.
2019
McCLELLAND CONSULTING ENGINEERS, INC.
*STANDARD HOURLY RATES
As of January 1, 2019
Chief Draftsman
$95-$110
Clerical
$45-$75
Construction Observer
$70-$130
Draftsman
$65-$95
Environmental Scientist/Designer
$105-$120
Geotech Engineer
$85-$150
HR/Payroll Admin
$75-$100
Landscape Architect
$90-$130
Media Specialist
$80-$100
Principal
$160-$230
Project Accountant
$70-$145
Project Designer
$70-$140
Project Engineer
$120-$175
Project Manager
$120-$200
Registered Land Surveyor
$95-$140
Soils Lab Technician
$50-$95
Specification Writer
$50-$75
Sr. Project Manager
$140-$240
Survey (2 man or Robotic) Crew
$115-$160
Survey (3 man) Crew
$135-$180
Survey Field (1 Man or Rodman)
$45-$95
Survey GPS
$75-$130
Survey Technician
$65-$95
Water Lab Supervisor
$70-$90
Expenses
@ Cost
Mileage
.58/mi
* Standard Hourly Rates may be adjusted annually in accordance with
the normal salary review practices of McClelland Consulting Engineers.
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 BUDGET &INFORMATION MGMT (133)
2019
Requestor: Kevin Springer
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Budget Adjustment allocating $ 1,300,000 to the Transportation 2019 Bond Projects sub -project (46020.7219) — Center
St. / Harmon Ave. Intersection. $ 92,200 will be used to fund a contract with McClelland Consulting Engineers, Inc. to
provide professional services for the design of the intersection of W. Center Street and N. Harmon Avenue. The
remaining budget is estimated to be needed for future engineering and construction contracts. The budget transferred
is coming from the unallocated portion of the project.
COUNCIL DATE:
LEGISTAR FILE ID#:
11/5/2019
2019-0697
Ke of vvSpv%v�
10/1712019 4:28 PM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
I
GLDATE: 11/5/2019
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL - -
x.20190924
Account Number
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl
AT
Account Name
4602.860.7219-5809.00
4602.860.7219-5860.02
4602.860.7219-5860.04
1,192,800 -
92,200 -
15,000 -
46020
46020
46020
7219
7219
7219
EX
EX
EX
Improvements - Street
Capital Prof Svcs - Engineering
Capital Prof Svcs - Engineering Contra
4602.860.7999-5899.00
(1,300,000) -
46020
7999
EX
Unallocated - Budget
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