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HomeMy WebLinkAbout60-21 RESOLUTIONOF FPY ErrE ` ��f f V T 4#KAHSPS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 60-21 File Number: 2021-0060 RFQ 20-01 CRAFTON, TULL & ASSOCIATES, INC. - 2019 DRAINAGE BONDS PROJECT: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 20-01, IN THE TOTAL AMOUNT OF $72,390.00 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE FLOODING WITHIN THE STONEBRIDGE MEADOWS SUBDIVISION, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BONDS 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 Crafton, Tull & Associates, Inc., pursuant to RFQ 20-01 Selection #24, in the total amount of $72,390.00 for engineering design services associated with the flooding within the Stonebridge Meadows Subdivision. 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 2/18/2021 Page 1 Printed on 2/19/21 Resolution 60-21 File Number: 2021-0060 Attest: �IIII I rrrrrI,���� ��`�` F RK T .rn- FAYE77EVILLE : � Kara Paxton, City Clerk Treasures Nb /ONt; Page 2 Printed on 2119121 - City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 r Text File File Number: 2021-0060 Agenda Date: 2/16/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.7 RFQ 20-01 CRAFTON, TULL & ASSOCIATES, INC. - 2019 DRAINAGE BONDS PROJECT: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 20-01, IN THE TOTAL AMOUNT OF $72,390.00 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE FLOODING WITHIN THE STONEBRIDGE MEADOWS SUBDIVISION, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BONDS 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 Crafton, Tull & Associates, Inc., pursuant to RFQ 20-01 Selection #24, in the total amount of $72,390.00 for engineering design services associated with the flooding within the Stonebridge Meadows Subdivision. 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 211812021 Chris Brown Submitted By City of Fayetteville Staff Review Form 2021-0060 Legistar File ID 2/16/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/21/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract with Crafton Tull & Associates, Inc. in the amount of $72,390 for engineering design services associated with flooding within the Stonebridge Meadows Subdivision pursuant to selection RFQ 20-01, selection 24 and approval of a budget adjustment. 4604.860.7427-5860.02 Account Number 46040.7427 Project Number Budget Impact: 4604 - Drainage Projects (2019 Bonds) Fund Drainage Project (2019 Bonds), S River Meadows/Cherry Hills Project Title 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: $ 8, 204, 209.00 $ 2,683,075.21 5,521,133.79 $ 72,390.00 5 5,448;743 79 V20180321 Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: _CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 16, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: January 21, 2021 CITY COUNCIL MEMO SUBJECT: Approval of a contract with Crafton Tull & Associates, Inc. in the amount of $72,390 for engineering design services associated with flooding within the Stonebridge Meadows Subdivision pursuant to selection RFQ 20-01, selection 24 and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of a contract with Crafton Tull & Associates, Inc. in the amount of $72,390 for engineering design services associated with flooding within the Stonebridge Meadows Subdivision pursuant to selection RFQ 20-01, selection 24 and approval of a budget adjustment. BACKGROUND: This project will consist of complete drainage analysis and improvements associated with helping to alleviate flooding within the Stonebridge Meadows Subdivision including, but not limited to, hydrologic and hydraulic studies, design, preparation of property acquisition document and bidding services for improvements. The proposed improvements will begin near S Monarch Ave., proceed southwest across S River Meadows Drive, continue across Stonebridge Meadows golf course, proceed across S Cherry Hills Drive to a tributary of the White River. Please reference the attached agreement for an aerial depiction of the area of interest. This project was identified as a priority project by City Council after the April 2017 flooding event and includes at least one structure that has flooded in the past and several that need to sandbag their homes in order to avoid flooding. DISCUSSION: This project has been identified as one of the projects in which the design is to be funded by the first phase of the 2019 Drainage Bond Program with construction occurring in the second phase. Crafton Tull & Associates, Inc has provided a proposed scope and an additional fee/reimbursables in the amount of $72,390 to complete the full design. The contract will be paid based on hourly rates for work completed, up to the total contract amount. The estimated project amount of approximately $630,000 is subject to changes based on completion of full design. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Drainage Bond Project. Attachments: Engineering Agreement w/attachments AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And CRAFTON. TULL & ASSOCIATES. INC. THIS AGREEMENT is made as of jqt-�2021, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafte 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 Stonebridge Meadows Drainage Project (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 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 design services in connection with the Project as hereinafter stated, which shall include normal civil engineering and survey services. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendices A 1 & A2 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. Stonebridge Meadows Drainage Project A — 1 022403 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILE shall, within a reasonable time, so as not to delay the services of the 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 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. 3.1.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix B. SECTION 5 - PAYMENTS TO ENGINEER 5.1 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 Appendices AI & A2 of this Agreement is $70,890, 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. Stonebridge Meadows Drainage Project A — 2 022403 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report 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 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: Stonebridge Meadows Drainage Project A — 3 022403 Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 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. 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. 6.3 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 Stonebridge Meadows Drainage Project 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. 6.4 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. 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 settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. Stonebridge Meadows Drainage Project A — 5 022403 6.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 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 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. 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 7.5.4 of this clause. 6.6 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. 6.7 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. 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 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. 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; Stonebridge Meadows Drainage Project A — 6 022403 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 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. 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 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 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 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 Stonebridge Meadows Drainage Project 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. 6.13 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 6.14 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. 6.15 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. 6.16 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. Stonebridge Meadows Drainage Project A — 8 022403 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 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. 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. 7.3.2 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. Stonebridge Meadows Drainage Project A — 9 022403 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 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER.for, the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion,'to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a,.uotice 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. 7.5.2 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. Stonebridge Meadows Drainage Project A — 10 022403 7.6 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 FAYETTEVILLE. ARKANSAS ENGINEER /NET,FS IA /� ioneld Jordan( NUIor William BUrnCt P.E.. Vice President ATTEST: ����t��r►rrrr� IRK/ TR����i By: lei— .r" YEI7EVILLE :�U . City Clerk lid TO END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Stonebridge Meadows Drainage Project A — 11 022403 a C� Crafton Tull ® architecture I engineering I surveying Appendix "Al" Scope of Basic Services for: Project: Stonebridge Meadows Drainage Project Client: City of Fayetteville Location of Project: E Goff Farms Rd — Fayetteville, AR Discipline: Survey/n Discipline Manager: Kevin Montgomery, P.S. Project Manager: Luke Jost, P.E. Proposal Date: January 15, 2021 Billing Type: Hourly plus reimbursable expenses reimbursable estimated $1000 Fee: Drone Survey: Topographic Design Survey: Easement Documents: $2,110 $9,040 $2,800 $13,950 Description of the Construction Project: Topographic survey storm sewer structures near Stonebridge Meadows as shown on attached Exhibit "C" aerial map of the site located in Fayetteville, AR. The Service to be Provided by the Surveyor are as Outlined Below: Drone Survey: • Our drone team will fly the project and provide an aerial image of the project along with AutoCAD Civil 3D surface of existing terrain. Topographic Design Survey: • Our GPS survey crew will set at least two survey control monuments adjacent to the site that will be tied to the city state plane coordinates and elevation datum to which all survey data for this project will be referenced. • Our field crew will locate approximately 17 storm sewer structures and obtain flow line information. • We will provide a topographic survey of the two yellow highlighted area as shown on attached Exhibit "A". Sufficient ground elevation shots will be taken for the creation of V-contours across the survey areas. • We will locate the property corners for Lots 7, 8, 88, 89, 90 and 93 of Stonebridge Meadows Phase 2 and Lots 1 through 8 of The Hamptons Subdivision, Phase 1. • We will prepare an AutoCAD base survey drawing of the topographic data. • This base survey drawing will include the 17 storm sewer structures and the topographic data for the two highlighted areas mentioned previously and the property lines for the 14 lots previously mentioned. Easement Documents: We will prepare easement documents with exhibits in the format as provided by the client for acquiring easements from approximately 5 parcels, as needed. Scope of Basic Services does NOT Include the Following: • Tree surveys. • Preparation of a boundary survey plat, final plat, easement dedication plat, easement documents, other than previously noted, tract or lot split plats, tract or lot combination plats, or similar type plats as may be required by the governing agency for approval of this project. • Surveys and plats of the property for financing, sales, or other purposes such as an ALTA or as -built survey. • Surveys of offsite utility, street or drainage improvements not within the survey site. • Surveys for environmental studies, including wetland delineation. www.craftontull.com a C� Crafton Tu I I ® architecture I engineering I surveying • Surveys for flood data or studies for Corps of Engineer, FEMA or other special government agency permitting. • Surveys for location of geotechnical soil borings or pits. • Surveying related to construction services or construction staking. Note: Services listed can be provided for additional fee. 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. www.craftontull.com �wc��o�iillo AD J` 1909' O 3739 Q 163G 1629 G 1627 15 > j g e 3917 j ,z q at1co6 01 1GQ 3934 ✓� }- y� 3931 1653 j 1641AWL ..f i 1654 1639 r p YY �- 3945 IG70 O 3810 w 3958 +G80 i 3953el S 1G86 1 CA� O 3970 1 1 4051 E Spanish Bay P`4 r 3982 3791 3fd7 3625 3869 39s1 y 173 3773 3843 lea? © E Goff Fatrn R CLOUD = DRONE SURVEY AREA 1 N 1765 n 1768 (J8 d j 1781 1802 r O^ Isis 18r3 1836 0 1819 ® 644 ,v,. 1862 I44r, 1880 1863 1896 1/4/2021, 2:45:13 PM 0 Storm Junction Chamber - - 35r- 84" 13 Storm Inlet Unknown Diameter 0 Storm Ouffall Storm Box Culvert Storm Gravity Main - - Storm Open Channel 8 - 18 Storm Detention Area 20" - 32" — Stream ;1 sy 1634 ' C ^ 1652 • 1663 7 �`+� j L 1668 v < i 4" 1680 4079 I 1 ,55 I 13 not '*' I 1715 170s 1765 1773 1 i 1731 1745 1766 1769 1780 4133 Sr 7809 1837 �� 1644 1855 Phase 1 (Study) - Drone Survey [cloud] + Survey of 17 STS structures [red circles] & 4 FFEs [blue circles] Phase 2 (Const) - Topo survey of yellow highlighted area a r c: 1673 z m - _ _ . P IA y, 164 1654 1661 1883 16s9 1675 1682 au 18s9 ; lit -11 13 4199 4213 a29 4245 1732 1735 4188 1750 4174 a12 1749 92 4159 4173 4187 4201 4219 4233 4249 1 en 1834 1040 1 &6 5 R1ve1 Meadows D, O �\ Y' 1881 1657 Cit;8A4:ayet1evi11e, AR 1:2,257 0 0.0275 0.055 0.11 mi 0 0.0425 0 085 0.17 km mnry m. [n orrrsry.p'r. na non m. CryYam m.�nn n.m-.'nom <M < m+.�.nm.»rr.r o-r�mm�"n"�nr,m.ne.,.rr.n..�» � ••��:,: e.na un., M.�d Appendix "AT' Scope of Basic Services For: Project: Stonebrid a Meadows Drainage Project Client: City of Fayetteville Location of Project: Stonebridge Meadows 1700 block of S River Meadows Drive, 1700 block of S Monarch Drive, 4000 block of E Goff Farm Road Civil Engineering —Discipline: Manager: Bill Burnett, P.E. —Discipline Project Manager: Luke Jost, P.E. Date: January 15, 2021 —Proposal Type: Hourly plus Reimbursables reimbursable estimated $500 —Billing Fee/Estimate: Civil Engineering: $56,940 Description of the Project: The intent of the project is to analyze the drainage issues being experienced in the project area and design improvements to alleviate these issues. The project area is roughly bounded by S River Meadows Drive, S Monarch Drive, and E Goff Farm Road, more accurately described in the 'location of project' above. The downstream storm sewer network in the 1800 block of S Cherry Hills Drive may also be analyzed. The project is to be conducted in two phases: Study and Design. Scope of work in these two phases is described below. Our understanding of the existing drainage issues are as follows: Ponding at the SW corner of 4051 Goff Farm Road. This causes flooding threats to 1730 and 1758 S River Meadows Drive. Homes along S River Meadows Drive have been susceptible to flooding from overflow in the street. Most notably the home at 1773 S River Meadows Drive. Ponding occurs along the back fences of the homes on the west side of the 1700 block of S Monarch Drive. Basic services to be provided by the engineer: Study Phase: • Use drone survey, topo survey of flood prone structures and the storm sewer system, and field investigation, to analyze the existing drainage patterns and storm sewer network capacity in accordance with the City of Fayetteville Drainage Manual. Anticipated analysis includes: o Drainage basin determination o Street carrying capacity o Existing storm sewer network (using Hydraflow Storm Sewers) • Develop a solution or options to the drainage issues. Analysis of the proposed solution to match the analysis outlined above. Proposed design will be outlined on a 1-sheet plan. Design Phase 0 Develop construction plans for the solution determined in the study phase. Crafton Tull • architecture I engineering I surveying • Anticipated plan development includes preliminary, pre -final (90%), and final plans/specifications for bid. We anticipate City review after the preliminary and pre -final stages. Specifications will be provided at the pre -final stage. • Anticipated construction drawings include the following plan sheets: o Title sheet o Strom Sewer Plan & Profile sheets o Erosion Control Plans o Applicable details • Cost Estimates at all design stages. Items Provided by City: • Construction materials testing • Acquisition of Right of Way and Easements Additional Items that can be provided by CTA under amendment or separate contract: • Construction Administration • Construction Observation • FEMA Studies & Map Revision Applications (CLOMR/LOMR) • Wetland Determinations • Corps of Engineers Permitting • Water Quality Feature design • Traffic Study outside of that described • Traffic Signal Design • Landscaping Design • ROW Acquisition Services • Retaining wall design beyond that described in this scope www.craftontull.com 2 a C� Crafton Tull Appendix "B" Anticipated Design Schedule • Notice to Proceed: To Be Determined • Project Kickoff Meeting • Field Survey & Study Phase: 45 days • City Review: 15 days • Field Survey & Preliminary Plans: 45 Days • City Review: 15 days • Pre -Final Plans & Specifications: 30 Days • City Review: 15 days • Final Plans & Specs for Bid: 15 days www.craftontull.com C� Crafton Tull j, ;ai(erfure I engineering I surv-. -, APPENDIX "C" Standard Hourly Rate Schedule Effective January 1, 2021 Hourly Category Rate CIVIL ENGINEERING ENGINEERING PRINCIPAL ............................ $ 190 SR. ENGINEERING MANAGER ....................... $ 175 ENGINEERING MANAGER ............................. $ 155 SR. PROJECT ENGINEER ............................. $ 130 PROJECT ENGINEER ................................... $ 120 ENGINEER INTERN III ................................... $ 115 ENGINEER INTERN II .................................... $ 100 ENGINEER INTERN I .................................... $ 90 SR. ENVIRONMENTAL SCIENTIST .................. $ 145 ENVIRONMENTAL SCIENTIST ........................ $ 85 SR. ENGINEERING DESIGNER ...................... $ 135 ENGINEERING DESIGNER III ......................... $ 105 ENGINEERING DESIGNER II .......................... $ 85 ENGINEERING DESIGNER I ........................... $ 75 ENGINEERING CAD TECHNICIAN III ............... $ 70 ENGINEERING CAD TECHNICIAN II ................ $ 60 ENGINEERING CAD TECHNICIAN I ................. $ 45 ADMINISTRATIVE ADMINISTRATIVE PRINCIPAL... ..................... $ 185 ADMINISTRATIVE MANAGER ......................... $ 125 ADMINISTRATIVE IV ..................................... $ 85 ADMINISTRATIVE III ..................................... $ 70 ADMINISTRATIVE II ...................................... $ 50 ADMINISTRATIVE I ....................................... $ 35 LANDSCAPE ARCHITECTURE SR. LANDSCAPE ARCHITECT ........................ $ 135 PROJECT LANDSCAPE ARCHITECT ............... $ 100 LANDSCAPE ARCHITECTURE DESIGNER ....... $ 80 LANDSCAPE ARCHITECT INTERN .................. $ 80 PLANNING MANAGER .................................. $ 150 SR. PLANNER .............................................. $ 140 PROJECT PLANNER ..................................... $ 115 PLANNER II ................................................. $ 95 PLANNERI .................................................. $ 80 Hourly Category Rate INSPECTION SR. INSPECTOR....................................."$6 INSPECTOR II......................................... INSPECTOR I.......................................... SURVEYING PROFESSIONAL SURVEYOR PRINCIPAL ........ $ 190 SR. PROFESSIONAL SURVEYOR ................... $ 140 PROFESSIONAL SURVEYOR ......................... $ 115 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 I 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"xl 1" Copies .............. $0.15/sheet Color 8.5"xl1" 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. Appendix "D" MANHOUR ESTIMATE STONEBRIDGE MEADOWS DRAINAGE PROJECT CITY OF FAYETTEVILLE, ARKANSAS Crafton Tull January 15, 2021 Proposal ADMN ASST rR.PRC SUR PARTY CHIEF SUR TEC 3 ENGR DSNR ENGR INTRN PROJ ENGR PROJ MGR PRINC ENGR Estimated Cost Item No. Description $70 1 $140 $75 $55 $85 $100 $120 $155 $190 1.0 Topographic Design Survey 1.1 Drone Survey 5 10 12 t $2;110 1.2 Study Phase Preliminary To o Survey 4 16 16 $2,640 1.3 IDesign Phase To o Survey 16 32 32 $6 400 1.4 jEasernent Documents 20 $2,800 Subtotal $13,950 2.0 Study Phase 2.1 Drainage Basin Analysis 24 $3,640 2.2 ExistingStorm Sewer Network Analysis 32EE4 $4,440 2.3 StreeVROW Drainage Analysis 16 $2,840 2.4 Proposed Improvement Analysis 32 $4,440 2.5 Cost Estimate 8 $1,420 Subtotal $16,780 3.0 Design Phase 3.1 Preliminary Plans 56 32 16 $10,440 3.2 Preliminary Estimate 8 4 4 $1,700 3.3 Pre -Final Plans & Specs 40 32 16 $9,080 3.4 Pre -Final Estimate 8 4 4 $1,700 3.5 Final Plans & Specs 40 32 16 4 $9,840 3.6 Final Cost Estimate 8 8 8 $2,720 3.7 Quality Control 1 1 16 1 1 $1.600 Subtotal $37,080 4.0 Bidding and Negotiation 4.1 Pre -bid Meeting 4 $620 4.2 Res onse to Questions & Addenda 16 4 4 $2,460 Subtotal $3,080 Total 0 1 45 58 1 60 176 1 240 4 1 108 4 $70,890 Page 1 of 1 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2021 Requestor: Alan Pugh BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract with Crafton Tull & Associates, Inc. in the amount of $72,390 for engineering design services associated with flooding within the Stonebridge Meadows Subdivision pursuant to selection RFQ 20-01, selection 24 and approval of a budget adjustment. COUNCIL DATE: 2/1 6/2021 LEGISTAR FILE ID#: 2021-0060 Maw Maald.ow 112212021 8:09 AM Budget Director Date TYPE: D - City Council) JOURNAL #: GLDATE: 2/16/2021 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.20210104 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4604.860.7427-5860.02 72,390 - 46040 7427 EX Capital Prof Svcs - Engineering/Architects 4604.860.7427-5860.04 5,000 - 46040 7427 EX Capital Prof Svcs - Contra (Engineering) 4604.860.7999-5899.00 (77,390) - 46040 7999 EX Unallocated - Budget H:\Budget Adjustments\2021 _Budget\City Council\02-16-2021 \2021-0060 BA Stonebridge Drainage Design 1 of 1