HomeMy WebLinkAbout140-20 RESOLUTIONof FAYE,7,
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 140-20
File Number: 2020-0364
RFQ 20-01 SELECTION #6, CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 20-01 SELECTION #6, IN THE
TOTAL AMOUNT OF $37,000.00 FOR ANALYSIS OF CLABBER CREEK BETWEEN NORTH
DEANE SOLOMON ROAD AND NORTH RUPPLE ROAD FOR POTENTIAL IMPROVEMENTS TO
HELP ALLEVIATE FLOODING IN THE AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 20-01 Selection #6,
in the total amount of $37,000.00 for analysis of Clabber Creek between North Deane Solomon Road and
North Rupple Road.
PASSED and APPROVED on 5/19/2020
Attest: �001RK lr T RFQ''%
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' FAYETTEVILLE ;
Kara Paxton, City Clerk Treasurer ;
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Page 1 Printed on 5119120
City of Fayetteville, Arkansas 113 West Mountain Street
% Fayetteville, AR 72701
(479) 575-8323
I` Text File
File Number: 2020-0364
Agenda Date: 5/19/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A 5
RFQ 20-01 SELECTION #6, CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 20-01 SELECTION #6, IN
THE TOTAL AMOUNT OF $37,000.00 FOR ANALYSIS OF CLABBER CREEK BETWEEN NORTH
DEANE SOLOMON ROAD AND NORTH RUPPLE ROAD FOR POTENTIAL IMPROVEMENTS TO
HELP ALLEVIATE FLOODING IN THE AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 20-01 Selection #6, in
the total amount of $37,000.00 for analysis of Clabber Creek between North Deane Solomon Road and North
Rupple Road.
City of Fayetteville, Arkansas Page 1 Printed on 511912020
City of Fayetteville Staff Review Form
2020-0364
Legistar File ID
5/19/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 4/23/2020 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of professional services design contract with Crafton Tull & Associates, Inc for analysis of Clabber Creek
between N Deane Solomon Road and N Rupple Road for potential improvements to help alleviate flooding in the
area with professional services not to exceed $35,500 and reimbursable expenses up to $1,500 for a total project
budget of $37,000
Budget Impact:
4470.621.8810-5314.00
Sales Tax Capital Improvement
Account Number Fund
02108.2001 Other Drainage Improvements; Clabber Creek
Flood Study
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 40,000.00
$ 40,000.00
$ 37,000.00
$ 3,000.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 19, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: April 23, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of professional services design contract with Crafton Tull & Associates, Inc for
analysis of Clabber Creek between N Deane Solomon Road and N Rupple Road for potential
improvements to help alleviate flooding in the area with professional services not to exceed
$35,500 and reimbursable expenses up to $1,500 for a total project budget of $37,000
RECOMMENDATION:
Staff recommends approval of professional services design contract with Crafton Tull & Associates, Inc for
analysis of Clabber Creek between N Deane Solomon Road and N Rupple Road for potential improvements
to help alleviate flooding in the area with professional services not to exceed $35,500 and reimbursable
expenses up to $1,500 for a total project budget of $37,000.
BACKGROUND:
Clabber Creek begins near the intersection of Fulbright Expressway and 1-49 on the north side of
Fayetteville and drains generally west/southwest. There is a history of flooding in several areas including
the crossing of N Deane Solomon Road and N Salem Road. The flooding at N Salem Road currently
impacts multiple structures and as growth in the area continues these north south neighborhood links are
becoming more utilized.
DISCUSSION:
As stated, growth in this area continues with multiple homes already being impacted negatively by flooding.
Development in the near term may include a portion of the old Razorback Golf Course with a large park
area adjacent to the stream. This park area will likely modify existing crossings of Clabber Creek that were
associated with the golf course. Given the existing flooding issues near N Salem and N Deane Solomon as
well as the potential serve residents with a park land dedication, staff felt it important to expedite a flood
study of the area so it can be analyzed as a whole. As solutions for the existing flooding and future
modifications are determined, funding can then begin to be identified for the necessary improvements.
BUDGET/STAFF IMPACT:
The proposed cost of the flood analysis is proposed to be taken from 02108.1, other drainage
Improvements.
Attachments:
Contract for services w/vicinity map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CRAFTON, TULL & ASSOCIATES, INC.
THIS AGREEMENT is made as of Mai 19, , 2020, by and between City of Fayetteville, Arkansas,
acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Crafton, Tull &
Associates, Inc. with offices located in Arkansas (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of the Clabber Creek Hydraulic Study (The
"Project"). Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual
covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
2_1 BASIC SERVICES OF ENGINEER
2.1.1 Perform professional design services in connection with the Project as hereinafter stated,
which shall include normal civil engineering and survey services.
2.1.1.2 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendices A 1, A2, & A3 attached hereto and made part of this Agreement.
2.1.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has
full responsibility for the engineering services.
Clabber Creek Hydraulic Study A — 1 022403
SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
4.1 CITY OF FAYETTEVILE shall, within a reasonable time, so as not to delay the services of
the ENGINEER:
4.2 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.
4.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform his services under this Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals,
and other documents presented by ENGINEER and render in writing decisions pertaining
thereto.
4.11 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.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 5 - PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. ENGINEER will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services are to be completed. The
anticipated schedule for this project is included as Appendix B.
SECTION 6 - PAYMENTS TO ENGINEER
6.1 The CITY OF FAYETTEVILLE shall compensate the ENGINEER based on an hourly NTE
basis described in Appendix C.
5.1.1 The maximum not -to -exceed amount authorized for all survey and hydraulic study for as
described in Appendix A of this Agreement is $35,500, not including reimbursable expenses.
Compensation for reimbursable expenses is estimated to be $1,500. 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.
Clabber Creek Hydraulic Study A — 2 022403
5.2 Statements
6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report phase for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Clabber Creek Hydraulic Study A — 3 022403
7.1.3
7.2
7.3
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
Professional Responsibility
7.2.IENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. ENGINEER agrees not to seek or accept any
compensation or reimbursements from the City of Fayetteville for engineering work it performs
to correct any errors, omissions or other deficiencies caused by ENGINEER `s failure to meet
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE retains all
other remedies to recover for its damages caused by any negligence of ENGINEER.
Cost Opinions and Projections
Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a design
professional. Since ENGINEER has no control over weather, cost and availability of labor,
material and equipment, labor productivity, construction Contractors' procedures and methods,
unavoidable delays, construction Contractors' methods of determining prices, economic
Clabber Creek Hydraulic Study A — 4 022403
conditions, competitive bidding or market conditions, and other factors affecting such cost
opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance,
schedules, and related items will not vary from cost opinions and projections prepared by
ENGINEER.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a mutually
acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE
and the duly authorized officer of ENGINEER.
7.5 Termination
7.5.1 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:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.1.2 An opportunity for consultation with the terminating party prior to termination.
7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 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
7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
7.5.3.2 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.
7.5.4 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.
Clabber Creek Hydraulic Study A — 5 022403
7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, ENGINEER
shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 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.
7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
7.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of
this clause.
7.6 Delays
In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE
or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to
additional compensation and time for reasonable costs incurred by ENGINEER in temporarily
closing down or delaying the Project.
7.7 Rights and Benefits
ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE
and not for the benefit of any other persons or entities.
7.8 Dispute Resolution
7.8.1 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.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied
with.
7.8.3 Notice of Dispute
7.8.3.1 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;
Clabber Creek Hydraulic Study A — 6 022403
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
7.8.4 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.
7.9 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.
7.10 Publications
Recognizing the importance of professional development on the part of ENGINEER's employees
and the importance of ENGINEER's public relations, ENGINEER may prepare publications,
such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's
services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in
draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall
review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to
ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential
information from such publications, but otherwise CITY OF FAYETTEVILLE will not
unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such
publication shall be for ENGINEER's account.
7.11 Indemnification
7.11ACITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or their
employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of
CADD drawings and cross sections, estimates, specification field notes, and data are and
remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced
copies of drawings and copies of other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
Clabber Creek Hydraulic Study A — 7 022403
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
7.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party
at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
300 North College, Suite 317
Fayetteville, Arkansas 72701
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Agreement and to the successors, executors,
administrators, and assigns of such other party, in respect to all covenants of this Agreement;
except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or
transfer his interest in the Agreement without the written consent of the other.
7.16 Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
7.17 Entire Agreement
This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase
orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE
issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this
Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be
considered as a document for CITY OF FAYETTEVILLE's internal management of its
operations.
Clabber Creek Hydraulic Study A — 8 022403
SECTION 8 - SPECIAL CONDITIONS
8.1 Additional Responsibilities of ENGINEER:
8.1.1 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.
8.1.2 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.
8.1.3 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.
8.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and
other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or
relating to this Agreement or the breach thereof will be decided in a court of competent
jurisdiction within Arkansas.
8.3 Audit: Access to Records
8.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. The United States Environmental Protection Agency, the Comptroller
General of the United States, the United States Department of Labor, CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have access to all
such books, records, documents and other evidence for the purpose of inspection, audit and
copying during normal business hours. ENGINEER will provide proper facilities for such
access and inspection.
8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
Clabber Creek Hydraulic StudN A — 9 022403
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
8.3.3.3 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:
8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.3.3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
ENGINEER warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement of understanding for a commission, percentage,
brokerage or continent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by ENGINEER for the purpose of securing business. For breach or
violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this
Agreement without liability or at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent
fee.
8.5 Gratuities
8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable
treatment in awarding, amending or making any determinations related to the performance of
this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate
this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that
the law or this Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
Clabber Creek Hydraulic Study A— 10 022403
8.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and
sub -consultants, prepared while performing City contractual work are subject to the Arkansas
Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the
CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents
in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA
may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FA"TTEV16U. ARKANSAS ENGINEER
Lioneld J
/�121 IN i
William Burnett P.E., Vice President
ATTEST: �,,RK t I'l?"'i
By: AYETTEVILLE ;
City Clerk �y•, qR Pg
ON�N`��`
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Clabber Creek Hydraulic StudN 4 — 11 022403
Crafton Tull
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Exhibit "A"
Scope of Basic Services For:
Project:
Clabber Creek Hydraulic Stud
Client:
City of Fayetteville
Location of Project:
Clabber Creek, roughly bounded by Deane Solomon Rd and Rupple Rd
Discipline:
Civil Engineering
Discipline Manager:
Bill Burnett, P.E.
Project Manager:
Luke Jost, P.E.
Proposal Date:
31 March 2020
Billing Type:
Hourly plus Reimbursables
Fee/Estimate:
Hourly estimate: $35,500
Reimbursable estimate: $1,500
Description of the Project:
Prepare Floodplain Modeling for Clabber Creek bounded by Deane
Solomon Rd and Rupple Rd to present to the City of Fayetteville.
Provide recommendations to alleviate flooding in the area.
*NOTE: This scope does NOT include submitting a Conditional Letter of
Map Revision (CLOMR) or Letter of Map Revision (LOMR). Should a
CLOMR/LOMR become needed, an additional fee will be required.
Basic services to be provided by the hydraulic engineer:
HEC-RAS Models:
Will confirm current effective model provided by the City of Fayetteville reflects existing conditions.
Convert effective model to geo-referenced Geo-HECRAS model (for project boundary) using County LiDAR
data for new cross section placement. Will use effective structure data to model crossings.
Models to be provided:
o Corrected effective model
o Proposed model with future improvements to the following:
■ N Deane Solomon Rd Upsizing
• N Salem Rd Upsizing
■ Improvements to future City Park area
o Proposed model restoring natural stream between N Deane Solomon Rd and N Salem Rd
Floodplain Mapping:
• We will map the floodplains below using Washington County LiDAR data generated Fugro Geospatial's data
on January 5, 2015 and January 24, 2015 (project by Northwest Arkansas Planning Commission):
o Corrected Existing 100 year floodplain
o Proposed 100 year floodplain with all improvements to park and streets
o Proposed 100 year floodplain with restored natural stream
Final Deliverables:
• Recommendations for future upsizing of structure at N Deane Solomon Rd crossing and N Salem Rd crossing
including conceptual plan for crossing and roadway approaches.
• Conceptual cost estimate for future upsizing of structures and roadway approaches at N Deane Solomon Rd
crossing and N Salem Rd crossing.
• Recommendations for future park area restoration and existing golf course cart path design.
www.craftontull.com 1
4*
Crafton Tull
architecture I engineer:ng 1 surveying
Basic services to be provided by the surveyor:
• Survey of the existing drainage structures conveying Clabber Creek under N Deane Solomon Road & N
Salem Road.
• Survey of the existing roadway in the vicinity of the aforementioned structures.
• Does not include any property line/boundary survey, location of existing utilities, surveys for environmental
studies/wetland delineation, or surveying relocated to construction services or construction staking.
This is the scope of services for the Project. Should there be additions to this scope of services, those
services shall be compensated for additional fee. The scope and fee are based on modeling a section of
stream no larger than 250 feet upstream of Deane Solomon Rd and 250 feet downstream of Rupple Rd.
Should the modeling require extension beyond those limits, additional fee may be required.
Items to be provided by the City of Fayetteville:
• Effective HEC-RAS models for Clabber Creek.
• Cross section map of effective model.
• High water mark at Salem Village.
• Proposed road plans on north side of parkland to be dedicated by Underwood development.
• Additional information for projects in the area that will affect Clabber Creek.
www.craftontull.com 2
Crafton Tull
ti architecture i engineering I surveying
Appendix "B"
Anticipated Design Schedule
• Notice to Proceed. To Be Determined
• Project Kickoff Meeting
• Field Survey: 30 days
• Model conversion, preliminary hydraulic analysis, preliminary report: 60 days
• City Review: 15 days
• Updates per City comments, finalized report: 30 days
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C'� Craffon Tull
Exhibit "B"
Standard Hourly Rate Schedule
Effective January 1, 2020
Hourly
Category
Rate
CIVIL ENGINEERING
ENGINEERING PRINCIPAL ............................
$
190
SR. ENGINEERING MANAGER .......................
$
175
ENGINEERING MANAGER .............................
$
155
SR. PROJECT ENGINEER .............................
$
125
PROJECT ENGINEER ...................................
$
115
ENGINEER INTERN III ...................................
$
115
ENGINEER INTERN 11....................................
$
95
ENGINEER INTERN I ....................................
$
85
SR. ENVIRONMENTAL SCIENTIST ..................
$
145
ENVIRONMENTAL SCIENTIST .......................
$
85
SR. ENGINEERING DESIGNER ......................
$
135
ENGINEERING DESIGNER III .........................
$
105
ENGINEERING DESIGNER II ..........................
$
85
ENGINEERING DESIGNER 1 ...........................
$
75
ENGINEERING CAD TECHNICIAN III ...............
$
70
ENGINEERING CAD TECHNICIAN II ................
$
60
ENGINEERING CAD TECHNICIAN I .................
$
45
1
ADMINISTRATIVE PRINCIPAL ........................
$
185
ADMINISTRATIVE MANAGER ........................
$
125
ADMINISTRATIVE IV .....................................
$
85
ADMINISTRATIVE Ill .....................................
$
70
ADMINISTRATIVE II ......................................
$
50
ADMINISTRATIVE I .......................................
$
35
LANDSCAPE
SR. LANDSCAPE ARCHITECT ........................
$
135
PROJECT LANDSCAPE ARCHITECT ...............
$
95
LANDSCAPE ARCHITECTURE DESIGNER .......
$
80
LANDSCAPE ARCHITECT INTERN ..................
$
80
PLANNING MANAGER ..................................
$
150
SR. PLANNER ..............................................
$
140
PLANNER11.................................................
$
90
PLANNER I ..................................................
$
75
Hourly
Category
Rate
INSPECTION
SR. INSPECTOR .........................................
$ 100
INSPECTOR 11..............................................
$ 85
INSPECTOR I ..............................................
$ 60
PROFESSIONAL SURVEYOR PRINCIPAL ........
$ 190
SR. PROFESSIONAL SURVEYOR ...................
$ 140
PROFESSIONAL SURVEYOR .........................
$ 105
SURVEY PROJECT MANAGER .......................
$ 110
SURVEY COORDINATOR ..............................
$ 85
SURVEYOR INTERN .....................................
$ 75
SURVEY PARTY CHIEF .................................
$ 75
SURVEY TECHNICIAN III ...............................
$ 55
SURVEY TECHNICIAN II ................................
$ 45
SURVEY TECHNICIAN I .................................
$ 35
GEOGRAPHIC•- •
GIS MANAGER .............................................
$ 110
GIS ANALYST ..............................................
$ 85
GIS TECHNICIAN II .......................................
$ 55
GIS TECHNICIAN I ........................................
$ 40
REIMBURSABLE EXPENSES
GPS Equipment..........................................$35/Hour
Robotic Survey Equipment...........................$20/Hour
LiDAR Scanning Equipment ........................$35/Hour
UAV....................................................$1000/Unit
Job Related Mileage....................................$0.56/Mile
Per Diem for Out of Town Crews..... Per GSA Allowable
Airfare and other travel related expenses ..........
At Cost
Black and white 8.5"xl1" Copies ..............
$0.15/sheet
Color 8.5x11" Copies ............................
$1.50/sheet
Photo Paper Color Plan Sheet Copies ......
$0.75/sq. ft.
Reproducible Plan Copies (Vellum) ...........
$1.50/sq. ft
Reproducible Plan Copies (Bond) .............
$0.35/sq. ft.
All rates are subject to change without notice.
t N
N RUPPLE RD
(DOWNSTREAM
BOUNDARY 250'
BEYOND)
EXHIBIT C: SCOPE MAP
N DEANE
SOLOMON RD
-(UPSTREAM
N BOUNDARY
? 250' BEYOND)
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