Loading...
HomeMy WebLinkAbout44-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 44-20 File Number: 2020-0035 HAWKINS-WEIR ENGINEERS, INC: VSs • u 11 (� tt.a A -gVED' A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF $162,130.00 FOR DESIGN, BIDDING, AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF A GRAVITY BYPASS SANITARY SEWER NEAR NORTH GREGG AVENUE AND NORTH FULBRIGHT EXPRESS WAY 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 Hawkins -Weir Engineers, Inc., in the amount of $162,130.00 for design, bidding, and construction management services for the construction of a gravity bypass sanitary sewer near North Gregg Avenue and North Fulbright Expressway. PASSED and APPROVED on 2/4/2020 Attest: qlnrrrr�����i K `�\�.•' CITY O� •9J,'''. _, • 77 • F4 Y Kara Paxton, City Clerk Treasure : y i•�`� ',_O 111 O� ````` Page 1 Printed on 216120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0035 Agenda Date: 2/4/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 7 HAWKINS-WEIR ENGINEERS, INC: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF $162,130.00 FOR DESIGN, BIDDING, AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF A GRAVITY BYPASS SANITARY SEWER NEAR NORTH GREGG AVENUE AND NORTH FULBRIGHT EXPRESS WAY 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 Hawkins -Weir Engineers, Inc., in the amount of $162,130.00 for design, bidding, and construction management services for the construction of a gravity bypass sanitary sewer near North Gregg Avenue and North Fulbright Expressway. City of Fayetteville, Arkansas Page 1 Printed on 2/5/2020 City of Fayetteville Staff Review Form 2020-0035 Legistar File ID 2/4/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/14/2020 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of an agreement with Hawkins -Weir Engineers, Inc. for professional engineering services associated with the design and construction of a gravity bypass sanitary sewer near the intersection of north Gregg avenue and north fulbright expressway in the amount of $162,130.00. Budget Impact: 5400.720.5700-5314.00 Water and Sewer Account Number 02017.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Fund Sanitary Sewer Rehabilitation Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 4,185, 548.00 $ 4,185,548.00 $ 162,130.00 $ 4,023,418.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: RFQ 19-01, Selection #27 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: January 14, 2020 CITY COUNCIL MEMO SUBJECT: Approval of an Agreement with Hawkins -Weir Engineers, Inc. for Professional Engineering Services Associated with the Design and Construction of a Gravity Bypass Sanitary Sewer near the Intersection of North Gregg Avenue and North Fulbright Expressway RECOMMENDATION: Staff recommends approval of an agreement with Hawkins -Weir Engineers, Inc. for professional engineering services associated with the design and construction of a gravity bypass sanitary sewer near the intersection of north Gregg avenue and north fulbright expressway in the amount of $162,130.00. BACKGROUND: The 2014 Wastewater Collection System Master Plan Update identified a sanitary sewer bottleneck in the vicinity of Gregg Ave. and the Fulbright Expressway. A feasibility study was conducted during 2019 looking at various options for improving capacity in this location. Alternatives included a new directional bore under the Expressway, a wet -weather pumping station, and a gravity re-route of existing sewer alignments. The study revealed that the gravity re-route was the most economical and desirable option. DISCUSSION: Hawkins -Weir was formally selected for engineering services on this project (RFQ 19-01, Selection #27) on September 10, 2019. This engineering services agreement will allow Hawkins -Weir to complete an engineering design of approximately 900 linear feet of 15 -inch gravity sewer mains, with associated manholes. This project will relieve an existing bottleneck in the collection system and help reduce the likelihood of sanitary sewer overflows. BUDGET/STAFF IMPACT: This contract is not to exceed $162,130.00 Rehabilitation account. Attachments: Engineering Services Agreement Project Location Exhibit Funds are available in the Sanitary Sewer Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And HAWKINS-WEIR ENGINEERS, INC. Gregg Avenue and Fulbright Expressway Relief Gravity Sewer: Design and Construction Management of a relief gravity sewer near the Gregg Avenue and Fulbright Expressway Interchange. THIS AGREEMENT is made as of Nby- A , 2Q by and between City of Fayetteville, Arkansas, acting by and through its ayor (hereinafter called CITY OF FAYETTEVILLE) and Hawkins -Weir Engineers, Inc. with offices located in Fayetteville, Arkansas; Van Buren, Arkansas; Fort Smith, Arkansas, and Little Rock, Arkansas (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, planning, design, and/or construction administration of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services are to be provided by ENGINEER under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. Professional—Services—Utilities Rev. 102819 A — 1 SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments from CITY OF FAYETTEVILLE to ENGINEER may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional design services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during this project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER: 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINNER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. Professional—Services—Utilities Rev 102819.docx A-2 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. 4.3 ENGINEER shall provide a schedule of its services and include such schedule with the scope in Appendix A. Professional—Services—Utilities Rev 102819.docx A-3 SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for the Basic Services of the Engineer (as defined by Section 2 of this Agreement) is $153,530.00. The maximum not -to -exceed amount authorized for Reimbursable Expenses is $8,600.00. Reimbursable Expenses shall be limited to title research, a Geotechnical Investigation, utility location services, the Arkansas Department of Health review fee, and reproduction and printing costs. 5.2 The CITY OF FAYETTEVILLE shall compensate ENGINEER based upon a unit price or lump sum basis as described in Appendix A. 5.2.1 The maximum not -to -exceed amount authorized for this Agreement is based upon the estimated fee scope, hours, costs and expenses per phase. The estimated fee spreadsheets shall be included in Appendix A. The amount for any phase may be more or less than the estimate, however the maximum not -to -exceed amount shall not be exceeded without a formal contract amendment. 5.3 Statements 5.3.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the professional engineering services. 5.4 Payments 5.4.1 All statements are payable upon receipt and generally due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the Professional Services Utilities Rev 102819.docx A-4 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. 5.5 Final Payment 5.5.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or ENGINEER's sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Professional—Services—Utilities Rev 102819.docx A-5 ►j 6.2 6.2.1 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, CITY OF FAYETTEVILLE Standards, Arkansas State Law and the Rules and regulations of the Arkansas Board of Licensure For Professional Engineers and Professional Surveyors. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequent of such defect. ENGINEER agrees not to seek or accept any compensation or reimbursements from the CITY OF FAYETTEVILLE for engineering work it performs to correct any errors, omissions or other deficiencies caused by ENGINEER's failure to meet customarily accepted professional engineering Professional—Services—Utilities Rev 102819.docx A-6 practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of ENGINEER. 6.2.2 In addition ENGINEER will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by ENGINEER's Commercial General Liability and Automobile Liability Insurance policies. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor 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. Professional—Services—Utilities Rev 102819.docx A-7 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 Professional Services Utilities Rev 102819.docx A-8 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. Professional—Services—Utilities Rev 102819.docx A-9 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 Professional Services Utilities Rev 102819.docx A-10 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. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and Professional Services Utilities Rev 102819.docx A-11 data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 The CITY OF FAYETTEVILLE acknowledges the ENGINEER's plans and specifications, including documents on electronic media ("delivered documents"), as instruments of professional services. Nevertheless, the delivered documents prepared under this Agreement shall be delivered to and become the property of the CITY OF FAYETTEVILLE upon completion of the services and payment in full of all monies due to ENGINEER. Except for the ENGINEER's services provided for by this Agreement as related to the construction and completion of the Project, the ENGINEER accepts no liability arising from any reuse of the delivered documents by the CITY OF FAYETTEVILLE, unless ENGINEER is retained by CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered documents. Except where the CITY OF FAYETTEVILLE reuses the delivered documents subsequent to the completion of the Project, nothing contained in this paragraph shall alter the ENGINEER's responsibilities and obligations under this Agreement. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawingsihard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Fayetteville, AR 72701 Professional—Services—Utilities Rev 102819.docx A-12 ENGINEER's address: 438 East Millsap Road, Suite 107 Fayetteville, AR 72703 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER: 7.1.1 CITY OF FAYETTEVILLE's or any Federal or State Agency's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical Professional Services Utilities Rev 102819.docx A-13 adequacy of the work. Neither CITY OF FAYETTEVILLE's nor any Federal or State Agency's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and 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 Professiorial Services Utilities Rev 102819.docx A-14 inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a Professional—Services—Utilities Rev 102819.docx A-15 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. Professional—Services—Utilities Rev 102819.docx A-16 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 7.6.2 Pursuant to Arkansas Code Ann. § 25-.19'105(b)(20), the personal information of CITY OF FAYETTEVILLE water system; customers must be treated as confidential information and shall not be made available for inspection except by ENGINEER's employees as required to fulfill.the terms of this Agreement. Upon completion of ENGINEER's contractual duties and after approval of ENGINEER's documents, the ENGINEER agrees to destroy or return to CITY OF FAYETTEVILLE any copies of records containing information about CITY OF FAYETTEVILLE water system customers. Professional Services Utilities Rev 102819.docx A-17 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. K �rnrrr�r� q / rR4 ATTEST: i� l �.`�'��'• • 0T Y ��,9�•�� By: .a. City Clerk •Irl NS NON •'���`• HAWKINS-WEIR ENGINEERS. INC. f IM 111tio ` By: ��) . edi—I� Brett D. Peters, P.E. Title: President & CEO END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional_Services_Utilities Rev 102819.docx A-18 Scope of Services Gregg Avenue and Fulbright Expressway Relief Gravity Sewer �`,', City of Fayetteville, Arkansas �� L+' HWEI Project No. 2019102 CITY OF LLE October 14, 2019 FA RKANS ARKANSAS S aKaasas Task Description Task 1 — Final Design Phase 1. Participate in a project kickoff meeting with the Owner 2. Survey the selected route a. Coordinate utility locates through ARKUPS 3. Manage a geotechnical soils investigation of the selected route by our sub -consultant, GTS, Inc. 4. Prepare a base drawing 5. Prepare final design drawings and construction details a. Prepare and submit a 50% design review set of drawings, including a 50% cost estimate i. Participate in a 50% design review meeting with the Owner and prepare a meeting summary b. Prepare and submit a pre -final design review set of drawings, including a pre -final cost estimate i. Participate in a pre -final design review meeting with the Owner and prepare a meeting summary c. Prepare and submit a final design set of drawings and construction details sealed by a Professional Engineer licensed in the State of Arkansas, including a final cost estimate 6. Prepare Specifications and Contract Documents. The City will provide templates for the front end documents. 7. Prepare land descriptions and exhibits for Easement Documents a. Coordinate with City Land Agent and prepare any required document revisions 8. Prepare the Arkansas Department of Environmental Quality (ADEQ) Storm Water Pollution Prevention Plan (SWP3) 9. Prepare the Arkansas and Missouri (A&M) Railroad Utility Permit 10. Participate in a coordination meeting with the City of Fayetteville Engineering and Street Departments a. Prepare a meeting summary 11. Participate in up to two (2) coordination meetings with Washington Regional Medical Center (WRMC) and the City of Fayetteville Central Dispatch a. Prepare meeting summaries 12. Perform QAQC review of design documents 13. Deliver one (1) reproducible full-size copy, two (2) half-size copies, and one (1) electronic copy of the Plans and Specifications to the City for their use Task 2 — Advertising and Bidding Phase 1. Assist the City in advertising the Project for bidding 2. Conduct a Pre -Bid Conference with the Owner and prospective bidders 3. Prepare any necessary bidding Addendums 4. Assist the City in receiving Bids and preparing a Certified Bid Tabulation 5. Review bids and prepare a recommendation to the City for the Award of a Construction Contract 6. Assist in the preparation of Contract Documents for execution between the City and Contractor 2019102\Scope of Services 101419.docx Scope of Services Gregg Avenue and Fulbright Expressway Relief Gravity Sewer �Q City of Fayetteville, Arkansas HWEI Project No. 2019102 CITY OF October 14, 2019 FAYR ARKANSAL4E KANSAS Task 3 — Construction Management Phase 1. Conduct a Preconstruction Conference with the Owner and Contractor a. Prepare a meeting summary b. Field survey to establish control monumentation and stake easement limits 2. Provide full-time observation during construction of the sewer line') 3. Conduct one (1) Progress Meeting a. Prepare meeting summary 4. Prepare, review, and coordinate the dissemination of construction documentation, including material submittals, testing results, field orders, and change orders as directed by the Owner 5. Review the Contractor's construction quantities and prepare monthly pay requests for the Owner's approval 6. Conduct as -built surveys of completed sanitary sewer improvements 7. Coordinate and conduct a Final Inspection with the Contractor and the Owner, and prepare a Punch List of deficient construction items for the Contractor to address 8. Prepare Record Drawings of the completed Project, and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives (1) Based on a 120 -calendar day Contract Time (90 -calendar days until Substantial Completion, and 30 - calendar days until Final Completion thereafter). Full-time construction observation is based on 8 -hours per day (Monday through Friday) until the originally scheduled Substantial Completion date, and periodic inspection (16 -hours per week) until the originally scheduled Final Completion date thereafter 2019102\Scope of Services 101419.docx Fee Proposal Gregg Avenue and Fulbright Expressway Relief Gravity Sewer HMCity of Fayetteville, Arkansas 1W HWEI Project No. 2019102 _Y ox FAY October 14, 2019 ARRKANSAKANSA LLE S Task 1 - Final Design Phase SUBTOTAL COST Task 2 - Advartixinn and Rlddinn Pharr+ 1 $70.460 1 Task Engr I VII Eng,Eng, IV lit GPS Designer Tech Tech SurveyII III 1 lasp Total II Hours 1. Assist the City In advertising the Project for bidding 4 8 12 2. Conduct a Pro -Bid Conference with the Avner and prospective bidders 2 4 4 10 3. Prepare any necessary bidding Addeadums 2 4 8 6 8 30 4. Assist the City in receiving Bids and preparing a Certified Bid Tabulation 2 4 2 8 5. Review bids and re are a recomnrondation to the C' for the Award of a Construction Contract 8 4 2 14 8. Assht In tae r eretion of Contract Documents for execution between the Ci and Contractor 2 8 8 18 Ism®��mo�m I�©o�moo�0 I�oo��o©gym l000��a��m Imo�mm�oa 1 $70.460 1 Task Engr I VII Eng,Eng, IV lit GPS Designer Tech Tech SurveyII III 1 lasp Total II Hours 1. Assist the City In advertising the Project for bidding 4 8 12 2. Conduct a Pro -Bid Conference with the Avner and prospective bidders 2 4 4 10 3. Prepare any necessary bidding Addeadums 2 4 8 6 8 30 4. Assist the City in receiving Bids and preparing a Certified Bid Tabulation 2 4 2 8 5. Review bids and re are a recomnrondation to the C' for the Award of a Construction Contract 8 4 2 14 8. Assht In tae r eretion of Contract Documents for execution between the Ci and Contractor 2 8 8 18 TOTAL HOURS 6 3220 1 0 1 20 1 0 a 62 SUBTOTALCOST+ 1 S10 60 2019102\Scope of Services and Fee Proposal -Gregg Avenue Relief Sewer.xlsx Fee Proposal Gregg Avenue and Fulbright Expressway Relief Gravity Sewer City of Fayetteville, Arkansas HWEI Project No. 2019102 C'Tv o. October 14, 2019 FAV An KA RKN$LLE ANSAAS Task S - Constructlon Management Phase Engr Engr I Engr GPS Designer Tech Tech Insp Total Task VII IV III Survey II III 1 II Hours and chance orders as directed by the Omer 7. Coordinate and cold a Final Inspection with the Contractor and the O, and prepare a Punch List of deficient construction 4 8 8 6 28 hems for the Contractor twner o address 6. Prepare Record Drawings of the completed Project and provide one (1) reproducible hard copy and one (1) electronic copy for a a 16 26 the Owner's arohNes TOTAL HOURS 30 d4 88 13 24 18 18 698 11 87a SUBTOTAL COST 1 S72 10 Based on a 120 -calendar day Contract Time (90 -calendar days until Substantial Completion, and 30 -calendar days until Final Completion thereafter). Full-time construction observation is based on "ours per day (Monday through Friday) until the originally scheduled Substantial Completion date, and periodic inspection (I6 -hours per week) until the originally scheduled Final Completion date thereafter, 2019102\Scope of Services and Fee Proposal - Gregg Avenue Relief Sewer.xlsx 13 Engineer Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 18, 2019 through August 15, 2020') Engineer VII $ 190 Per Hour Engineer VI $ 175 Per Hour Engineer V $ 160 Per Hour Engineer IV $ 145 Per Hour Engineer III $ 125 Per Hour Engineer II $ 100 Per Hour Engineer I $ 85 Per Hour Engineering Technician Designer II $ 100 Per Hour Designer I $ 75 Per Hour Technician IV $ 85 Per Hour Technician III $ 75 Per Hour Technician II $ 65 Per Hour Technician I $ 55 Per Hour Field Technician - Field Inspector Resident Project Representative (RPR) $ 120 Per Hour Inspector II $ 75 Per Hour Inspector I $ 65 Per Hour Field Surveying GPS Survey $ 175 Per Hour GPS Mapping Survey $ 95 Per Hour Surveyor $ 85 Per Hour Administrative Business Manager $ 85 Per Hour Expert Witness Preparation At Engineer's Hourly Rate Testimony, less than 1/2 day $1,000 Testimony, per Day $ 2,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle (2) $0.58 per mile effective 1/1/19 Reproduction: Outside printing service Actual Cost In-house printing Letter Copy - B&W $ 0.10 Per Copy Letter Copy - Color $ 0.75 Per Copy 22 x 34 Size Copy - B&W $ 3.00 Per Copy 22 x 34 Size Copy - Color $10.00 Per Copy 11 x 17 Size Copy - B&W $ 1.50 Per Copy 1 l x 17 Size Copy - Color $ 5.00 Per Copy CD Copy $ 5.00 Per Copy Binding $ 1.00 Each Billing Rates are reviewed and adjusted annually in August. Regardless, any adjustment in Billing Rates will not impact previously negotiated Not To Exceed (NTE) fee amounts without a formal Contract Amendment. (2) To be adjusted periodically to current IRS mileage rate. All Billings are due upon receipt unless prior arrangements for payment have been made. Client#::.__06 \715TIT1 X1:7 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 CONTACT Trudy Henry PHONE 770.552.4225 "X Ext): Alc, NII:866.550.4082 E MAILo ADDRESS: trudy.henry@greyling.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Sentinel Insurance Company 11000 11/01/2020 INSURED Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURER 8: Hartford Ins Co of the Midwest 37478 INSURER C : PERSONAL & ADV INJURY $1,000,000 Van Buren, AR 72957 INSURER D: INSURER E: INSURER F: A COVERAGES CERTIFICATE NUMBER: 19-20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE _ OCCUR 20SBWZM2676 1/01/2019 11/01/2020 EACH $1000000 �OCTCURRENCE PREMISES EaE u ence$1000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F_X1 JECT LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE XANY X LIABILITY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X NOWOWNED AUTOS ONLY 20UEGNM6289 11/01/2019 11/01/202 0 COMacciden.'d.n SINGLE LIMIT Ea t $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 20SBWZM2676 1/01/2019 11101/2020 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 DED I X RETENTION $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 20WEGPV0830 1/01/2019 11/01/202 XPER OTH- TAT T E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE S500,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project# 2019102, Gregg Avenue and Fulbright Expressway Relief Gravity Sewer Project City of Fayetteville, Arkansas is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701-0000 ACORD 25 (2016103) 1 of 1 #S1851696/M1793544 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 195,,4t' 0" @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THEN2 AC40RJDO CERTIFICATE OF LIABILITY INSURANCE DATE(MMOD/YYYY) 10/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BXS Insurance 8315 Cantrell Road, Suite 300 Rock AR 72227 NAME: CONTACT Amanda Palmer PHONE FAX ac No Ertl: 501-614-1571(AIC'No): 501-614-1447 E-MLittle ADDRESS: amanda.paimer@bxsi.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Navigators Insurance Company 42307 License#: PC -1092395 INSURED HAVVKENG-01 INSURER B: Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURERC: INSURERD: Van Buren AR 72957 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1376195025 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LICY �7R TYPE OF INSURANCE ADDL J= SUER WVD POLICY NUMBER EFF MM DDY/YYYY EXP MM/DDfYYYY LIMITS COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEff— PREMISES Ea occurrence $ CLAIMS-MADE D OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY D PRO ❑LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED Y AUTOS ONLAUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ 1 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER EACH ACCIDENT $ ANYPROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEn EIE EXCLUDE ❑ N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability CM19DP1_0270281V 7/11/2019 7/11/2020 Each Occurrence 1,000,000 Aggregate Limit 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Project# 2019102, Gregg Avenue and Fulbright Expressway Relief Gravity Sewer Project CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Wa Ad 4L NZ U) z %It ol U -i 3VE LO go- b: 29bft tY 0*1 W App-joby Rd