HomeMy WebLinkAbout210-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 210-20
File Number: 2020-0639
MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT
OF $194,525.00 TO PROVIDE DESIGN SERVICES FOR A PROJECT TO RELIEVE
STORMWATER ISSUES NEAR EAST FAIRLANE STREET, SOUTH ELMHURST AVENUE
AND EAST MCCLINTON STREET, AND TO APPROVE A BUDGET ADJUSTMENT - 2019
DRAINAGE BOND PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a professional engineering services agreement with McClelland Consulting Engineers, Inc. in the
amount of $194,525.00 to provide design services for a project to relieve stormwater issues near East
Fairlane Street, South Elmhurst Avenue and East McClinton Street.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 8/18/2020
Page 1 Printed on 8119120
Resolution: 210-20
File Number: 2020-0639
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Page 2 Pdrded on 9H9/20
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
—� File Number: 2020-0639
Agenda Date: 8/18/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 4
MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $194,525.00 TO
PROVIDE DESIGN SERVICES FOR A PROJECT TO RELIEVE STORMWATER ISSUES NEAR
EAST FAIRLANE STREET, SOUTH ELMHURST AVENUE AND EAST MCCLINTON STREET,
AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of
$194,525.00 to provide design services for a project to relieve stormwater issues near East Fairlane Street,
South Elmhurst Avenue and East McClinton Street.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 811912020
City of Fayetteville Staff Review Form
2020-0639
Legistar File ID
8/18/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 7/29/2020 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a contract for continued professional services in the amount of $194,525.00 ($260,475.00 total design
to date) with McClelland Consulting Engineers, Inc. for design services associated with the flooding near East
Fairlane Street, South Elmhurst Avenue and East McClinton Street and approval of a Budget Adjustment.
4604.860.7420-5860.02
Account Number
46040.7420.1000
Project Number
Budget Impact:
4604 - Drainage Projects 2019 Bonds
Fund
Elmhurst/McClinton
Drainage - Phase I
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
$ 242,443.00
$ 63,223.89
$ 179,219.11
$ 194,525.00
$ 22,975.00
$ 7,669,11
Previous Ordinance or Resolution # 2020-19
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 18, 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: July 29, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of a contract for continued professional services in the amount of
$194,525.00 ($260,475.00 total design to date) with McClelland Consulting
Engineers, Inc. for design services associated with the flooding near East
Fairlane Street, South Elmhurst Avenue and East McClinton Street and
approval of a Budget Adjustment..
RECOMMENDATION:
Staff recommends approval of a contract for continued professional services in the amount of
$194,525.00 ($260,475.00 total design to date) with McClelland Consulting Engineers, Inc. for
design services associated with the flooding near East Fairlane Street, South Elmhurst Avenue
and East McClinton Street and approval of a Budget Adjustment.
BACKGROUND:
Currently, this neighborhood experiences street and home flooding during high intensity rain
events. Runoff overflows into S Elmhurst Ave from the north and floods the street and adjacent
property prior to re-entering a defined drainage way and continuing south. Given the type and
frequency of flooding that occurs, this project was identified as a priority project by City Council
after the April 2017 flooding event and has been identified as one of the projects to be funded
for design by the first phase of the 2019 Drainage Bond Program with construction occurring
within the second phase.
On October 1, 2019, City Council approved entering into a contract with McClelland Consulting
Engineers (resolution 220-19) to investigate possible solutions to the flooding issues. This initial
contract has been completed and the most feasible solutions identified.
DISCUSSION:
This contract will now take the conceptual solutions identified in the original contact and
complete the design of the proposed improvements. These improvements are anticipated to
include both water quality measures and detention/retention measures to reduce the overall
peak flow of runoff. These improvements combined with traditional stormwater piping/box
culverts should provide flooding relief for many residents in the area. The City has had
preliminary meetings with the landowners most impacted by the proposed improvements and
will continue to reach out to the public throughout the design process.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
While the first phase of the bond will only include design, it is important to complete the design
so that the project will be ready for bidding as soon as the phase II portion of the bond is
approved. A total amount of $375,000 for design of the full project has been budgeted within
the Phase 1 Drainage Bond Program. The total estimate for the project is approximately $2
Million and subject to change as the design progresses.
BUDGET/STAFF IMPACT:
The design for this project will be paid for with the funds from the 2019 Drainage Bond Project.
Attachments:
Engineering Agreement
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENGINEER
THIS AGREEMENT is made as of August 18 , 2020, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and ENGINEER (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION I - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix
A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Professional Engineering Services Contract- 07.29.2020
FY 19-2143
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is included as ARRIndix B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is S 194,525.00, including
reimbursable expenses. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on
a hourly NTE basis described in Appendix C.
5.2 Statements
5.2.1 Monthly statements for each calendar month 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
Professional Engineering Services Contract- 07.29.2020
FY 19-2143 2
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Professional Engineering Services Contract- 07.29.2020
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
FY 19-2143 3
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Professional Engineering Services Contract- 07.29.2020
FY 19-2143 4
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
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.
Professional Engineering Services Contract- 0729.2020
FY19-2143
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph 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 fast
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require
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deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
1 l3 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
1580 E. Stearns Street
Fayetteville, Arkansas 72703
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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 review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Professional Engineering Services Contract- 07.29.2020
FY 19-2143 8
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
Professional Engineering Services Contract- 07.29.2020
FY 19-2143 9
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts. on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
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 FAY TTEVI E, ARKANSAS ENGINEER
. Kevin Beaumont Date: 2020.07.29
By Bv. 16-40:32-05'00'
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FY 19-2143 10
APPENDIX W
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
ELMHURST & MCCLINTON DRAINAGE IMPROVEMENTS
Scope of Project
Add the following scope of work to the existing Elmhurst & McClinton Drainage contract
agreement. The anticipated tasks associated with the drainage improvements are as follows:
Detail Drainage Design;
o Develop drainage improvements recommended in Feasibility Study (Three Pond
Option) into a detailed design, revise hydrology &/or hydraulics as needed.
o Design detention pond north of Martin Luther King Boulevard, to include outlet
structure and retaining walls.
o Design detention pond in the southeast corner of Terry -Richter Property,
incorporating LID measures as appropriate, to include establishment of wetland
vegetation.
o Undertake remediation of existing freshwater pond on northeast corner of Terry -
Richter Property and verify pond geometry through survey for incorporation into
drainage design
o Design reinforced concrete box culvert starting at detention pond, routing across
Fairlane St., down Elmhurst Ave., west on McClinton St. and then south to the
existing dual 8' x 3' r.c. box culvert located at Nantucket Dr.
o Design inlets and necessary storm sewer piping along Elmhurst Ave. and Fairlane
St., incorporating into culvert design.
o Verify drainage design as a complete system through use of hydraulic modeling
software.
Geotechnical Investigation;
o Collect soil samples from two locations on Terry -Richter Property in vicinity of
proposed pond, sampling at two feet and four feet depth.
o Determine moisture content, Atterberg Limits, gradation of samples and classify
using USCS on samples obtained from Terry -Richter property.
o Conduct three borings to a depth of ten feet, to determine presence of any rock. No
samples or SPT data will be collected. Two will be located on Elmhurst Ave. and
one on McClinton St.
o Provide a written Statement of Findings summarizing the investigation, exhibits of
sample locations and results.
Topographic Survey and Boundary Resolution;
o Complete a detailed topographic survey of the project area. Items typically shown
include (but not limited to): finished floor elevations, development of contours, curb
& gutter, flowlines, utility poles and structures, roads, sidewalks, trees, storm water
and sanitary sewer manholes and utility marks provided by utility location service.
o Complete records research, field research and boundary resolution of the parcels
shown with the project area. The property lines; easements and right-of-ways will be
located and shown only on topographic survey and engineering drawings. The
scope does not include separate signed/sealed boundary survey for each property.
APPENDIX A — Scope of Services A-1 FY19-2143
Elmhurst & McClinton Drainage
Property Acquisition Documents
o Complete individual exhibit maps and descriptions for up to ten properties where
easements will need to be acquired for the project. The exhibit maps will show any
right-of-way, drainage or utility easement or temporary construction easement
needed for the property, with a separate description of each area. An acquisition
overview drawing/exhibit will be completed upon request.
Meetings and Coordination (Public, Private and City);
o Design meetings with City after each milestone to discuss review comments.
o Prepare exhibits and documentation for any public forum to include; City,
landowners and general public, for either in -person or virtual meetings.
o Attend various public meetings and collect and evaluate comments and concerns
via discussions with City.
o Coordinate with Beaver Watershed Alliance with regard to City's proposed
improvements and BWA current/future projects.
o Coordinate with City on permitting and communication with Army Corp of Engineers
regarding existing freshwater pond on Terry -Richter Property.
Basic Services
The Basic Services of the ENGINEER as described in this agreement shall be as stated in
the Scope of Project above, in addition to those described in the original agreement for
Elmhurst & McClinton Drainage Project, dated October 1st, 2019.
3. Proiect Deliverables
a. Design Drawings for proposed drainage improvement for each submittal milestone
(30%-60%-90%-100%), electronic submittal to City.
b. Cost Estimate of projected construction costs of project at each milestone.
C. Property Acquisition Documents for properties in project area that require drainage
easements for proposed improvements.
d. Project Manual, with front end documents and technical specifications.
APPENDIX A — Scope of Services A-2 FY19-2143
Elmhurst & McClinton Drainage
APPENDIX'B'
SCHEDULE
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
ELMHURST & MCCLINTON DRAINAGE
Task Name
Detailed Design
Draft Fee Proposal
Final Fee Proposal
Proposal to Council
Topographic Survey
Geotechnical Investigation
30% Design
City Review- 30% Design
60% Design
City Review- 60% Design
Public Meeting and Comment Period
90% Design
City Review-90%
Public Meeting and Comment Period
100% Design
City Review-100%
Start Finish
07/13120
07/12/21
07/13/20
0724120
0712420
07129i20
08/18/20
08118/20
09/07/20
10/09120
08J24/20
09/04120
10/12120
11/20/20
1123120
12104120
12107120
02105121
0210821
02119/21
02/2221
03/05121
03/0821
04/1921
04/2021
05103/21
0510421
05/17/21
0508121
06/28121
06/2921
07/12/21
APPENDIX B — Scope of Services B-1 FY19-2143
Elmhurst & McClinton Drainage
APPENDIX "C"
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
ELMHURST & MCCLINTON DRAINAGE
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an
amount equal to the cumulative hours charged to the Project for each class of
ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the
attached Exhibit 1", plus approved Reimbursable Expenses and ENGINEER's
Consultant charges, if any. ENGINEER's Hourly Rates as shown on the attached
Exhibit "1" shall be adjusted annually each January 1. For ENGINEER's Consultant
charges, the CITY OF FAYETTEVILLE shall pay the ENGINEER the amount billed to
the ENGINEER times a factor of 1.00.
• Basic Services: Payment by CITY OF FAYETTEVILLE based on ENGINEER's
Hourly Rates shall approximate the following schedule. Payment for a specific phase
shall not exceed the scheduled amount prior to completion of that phase. Underruns
in one phase may be used to offset overruns in another phase as long as the contract
amount is not exceeded.
Drainage Improvement Design
$
132,750.00
Geotechnical Investigation
$
3,060.00
Topographic Survey
$
24,900.00
Property Boundary Resolution
$
17,200.00
Easement Document Preparation
$
11,040.00
SUB -TOTAL Basic Services $ 188,950.00
Additional Services: Any and all Additional Services must be approved, and
maximum amount to be paid for said services agreed to, in writing by CITY OF
FAYETTEVILLE prior to rendering of same. CITY OF FAYETTEVILLE shall pay
ENGINEER for Additional Services rendered an amount equal to the cumulative
hours charged to the Project for each class of ENGINEER's employees multiplied by
ENGINEER'S Hourly Rates as shown on the Attached Exhibit "1", plus approved
Reimbursable Expenses and ENGINEER'S Consultant charges, if any. For
ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall pay the
ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
• CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable
Expenses incurred in connection with Basic and Additional Services. Reimbursable
Expenses must be approved by the CITY OF FAYETTEVILLE prior to the incurrence
APPENDIX C — Scope of Services C-1 FY19-2143
Elmhurst & McClinton Drainage
of such expenses. The estimated amount of Reimbursable Expenses to be incurred
in connection with Basic Services is:
SUB -TOTAL Reimbursable Expenses $ 5,575.00
• The maximum payment to the ENGINEER for all of the Basic Services and
Reimbursable Expenses identified within this Agreement shall not exceed
$194,525.00 in total.
• ENGINEER shall submit invoices monthly for services rendered and expenses borne.
The invoices shall be accompanied by a copy of the timesheets for all ENGINEER's
personnel working on the project.
The Hourly Rates used as a basis for payment mean salaries and wages (basic and
incentive) paid to all personnel engaged directly on the PROJECT, including, but not
limited to, engineers, architects, surveyors, designers, draftsman, specification
writers, estimators, other technical personnel, stenographers, typists and clerks; plus
the cost of customary and statutory benefits including, but not limited to, social
security contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto; plus operating margin or profit, non -project operating
costs, and all general and administrative overhead costs, including but not limited to,
furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in
connection with the PROJECT for printing and reproduction costs and ENGINEER's
consultant charges. Any and all expenditures for reimbursable expenses must be
approved by the CITY OF FAYETTEVILLE prior to rendering or obtaining same.
Overtime salary costs are not considered Reimbursable Expenses.
APPENDIX C — Scope of Services C-2 FY19-2143
Elmhurst & McClinton Drainage
McCLELLAND
CONSULTING "CE
ENGINEERS, INC.
2020
McCLELLAND CONSULTING ENGINEERS, INC.
*STANDARD HOURLY RATES
Chief Draftsman
$95 - $110
Clerical
$45 - $75
Construction Observer
$70 - $135
Draftsman
$65 - $95
Environmental Scientist/Designer
$105 - $120
Geotech Engineer
S85 - $170
HR/Payroll Admin
$75-$100
Landscape Architect
S90 - $130
Media Specialist
$80 - $100
Principal
$160 - $230
Project Accountant
$70 - $145
Project Designer
$80 - $140
Project Engineer
$120 - $175
Project Manager
$120 - $200
Registered Land Surveyor
$95 - $140
Soils Lab Technician
$50 - $135
Specification Writer
$50 - $90
Sr. Project Manager
$140 - $240
Survey (2 man or Robotic) Crew
$115 - $160
Survey (3 man) Crew
$135 - $180
Survey Field (1 Man or Rodman)
$45 - $95
Survey GPS
$75 - $130
Survey Technician
$65 - $95
Water Lab Supervisor
$70 - $120
Expenses
@ Cost
Mileage
.575/mi
• Standard Hourly Rates may be adjusted annually in accordance with
the normal salary review practices of McClelland Consulting Engineers.
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Alan Pugh
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a contract amendment in the amount of $194,525.00 ($260,475.00 total contract amount) with McClelland
Consulting Engineers, Inc. for design services associated with the flooding near East Fairlane Street, South Elmhurst
Avenue and East McClinton Street and approval of a Budget Adjustment
COUNCIL DATE: 8/ 18/2020
LEGISTAR FILE ID#: 2020-0639
RESOLUTION/ORDINANCE
Matthew Maddox
7/3O/2020 2:49 PM
Budget Director
TYPE:
JOURNAL #:
GLDATE:
CHKD/POSTED:
Date
D - (City Council)
8/18/2020
TOTAL
- -
v.20200528
increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project Sub.Detl AT
Account Name
4604.860.7420-5860.02
194,525
46040 7420.1000 EX
Capital Prof Svcs - Engineering/Architects
4604.860.7420-5817.00
(171,550)
46040 7420.1000 EX
Improvements - Bridge & Drainage
4604.860.7999-5899.00
(22,975) -
46040 7999 EX
Unallocated - Budget
H:\Budget Adjustments\2020_Budget\City Council\08-18-2020\2020-0639
BA Elmhurst - McClinton Contract Amendment 1 of 2