HomeMy WebLinkAbout88-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 88-21
File Number: 2021-0144
RFQ 201-01 MCCLELLAND CONSULTING ENGINEERS:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO
RFQ #20-01 SELECTION #22, IN THE AMOUNT OF $128,900.00 FOR THE DESIGN OF
THE NORTH STREET CORRIDOR PROJECT, AND TO APPROVE A BUDGET
ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVI:LLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #20-01
Selection #22, in the amount of $128,900.00 for the design of the North Street Corridor Project.
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 3/16/2021
A
Lione KordaX, Mayor'
Page 1
Attest: NNN��,,Kt/
: FAYETTEVILLE
Kara Paxton, City ,CIerl: Treasurer S ••
CQ'W
Printed on 311712
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
i i (479) 575-8323
Text File
File Number: 2021-0144
Agenda Date: 3/16/2021 Version: 1 Stators: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.5
RFQ 201-01 MCCLELLAND CONSULTING ENGINEERS:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ 420-01
SELECTION 422, IN THE AMOUNT OF $128,900.00 FOR THE DESIGN OF THE NORTH STREET
CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION
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 approves a ;professional
engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #20-01 Selection
#22, in the amount of $128,900.00 for the design of the North Street Corridor Project.
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 311712021
Matt Casey
City of Fayetteville Staff Review Form
2021-0144
Legistar File ID
3/16/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
2/23/2021
Approval of a contract in the amount of $128,900.00 with McClelland Consulting Engineers for the North Street
Corridor Project and approval of a budget adjustment, per RFQ 20-01, selection #22.
Budget Impact:
4602.860.7223-5860.02 4602 - Streets Project 2019 Bonds
Account Number Fund
46020.7223 North Street - Garland Ave. to Mission Blvd.
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 114,845.00
$ 29,567.15
$ 85,277.85
$ 128,900.00
$ 128,900.00
$ 85,277.85
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
Q FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 16, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: February 23, 2021
CITY COUNCIL MEMO
SUBJECT: Approval of a contract in the amount of $128,900.00 with McClelland
Consulting Engineers for the North Street Corridor Project and approval of
a budget adjustment, per RFQ 20-01, selection #22.
RECOMMENDATION:
Staff recommends approval of a contract in the amount of $128,900.00 with McClelland
Consulting Engineers. per RFQ 20-01, selection #22 to provide professional services for the
North Street Corridor Project and approval of a budget adjustment.
BACKGROUND:
This 2019 Transportation Bond Project extends along North Street from Garland Avenue to
Mission Boulevard. This corridor is an important east -west route for commuter traffic, that runs
through existing neighborhoods. The project will include a mix of congestion relief, capacity
improvements, pedestrian and bicycle facilities that will address issues for all users.
DISCUSSION:
On September 1, 2020, McClelland Consulting Engineers was selected by the selection
committee based on RFQ 20-01, selection #22. Staff has worked with MCE to prepare a
detailed scope of work and contract for this project. They have provided a proposed scope and
fee in the amount of $128,900.00 for the study and conceptual design of this project. Once the
conceptual design is complete, recommendations will be made on which specific design
projects,the city should continue with to construction. At that point, a contract amendment can
be developed for the detailed design of these improvements.
The contract will be paid based on hourly rates for work completed, up to the total contract
amount. The conceptual design should be complete by June of 2021.
BUDGET/STAFF IMPACT:
The design for this project will be paid for with the funds from the 2019 Transportation Bond
Fund.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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VICI IN T Y MA P
NORTH STREET
GARLAND AVE. TO MISSION BLVD
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENGINEER
THIS AGREEMENT is made as of &A, / / , 2021, 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 const.ltation and advice to
CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall
be performed under the direction of a professional engineer registered in the State of Arkansas
and qualified in the particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY
OF FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as
Additional Services of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not
be allowed without a formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree :hat ENGINEER has
full responsibility for the engineering services.
Professional Engineering Services Contract - 02.12.2021
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 Appendix B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $128,900.00. The
CITY OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis
described in Appendix C.
5.2 Statements
5.2.1 Monthly statements for each calendar month 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
Professional Engineering Services Contract - 02.12.2021
FY20-2179 2
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be made in accordance with a format to be
developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications
for payment shall be accompanied each month by the updated project schedule as
the basis for determining the value earned as the work is accomplished. Final
payment for professional services shall be made upon CITY OF FAYETTEVILLE's
approval and acceptance with the satisfactory completion of the study and report for
the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion
of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF
FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed
portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to
pay invoices within 30 days of date the invoice is approved, however, payment within
30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Agreement, except claims which are specifically exempted
by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement
or by State law or otherwise expressly agreed to by the parties to this Agreement,
final payment under this Agreement or settlement upon termination of this
Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against
ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
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 Coveraae
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Professional Engineering Services Contract - 02.12.2021
FY20-2179
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
3
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each
renewal of coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and
their officers, directors, agents, or employees for damage covered by property
insurance during and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE
will promptly report to ENGINEER any defects or suspected defects in ENGINEER's
services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can
take measures to minimize the consequences of such a defect. CITY OF
FAYETTEVILLE retains all remedies to recover for its damages caused by any
negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs
and schedules, operation and maintenance costs, equipment characteristics and
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
Professional Engineering Services Contract - 02.12.2021
FY20-2179 4
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.
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
Professional Engineering Services Contract - 02.12.2021
FY20-2179
5
FAYETTEVILLE. In such event, adjustments of the agreement price shall be made
as provided in Paragraph 6.5.4 of this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control,
ENGINEER shall be entitled to additional compensation and time for reasonable
costs incurred by ENGINEER in temporarily closing down or delaying the Project.
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all
disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in
any way are related to, this Agreement, including, but not limited to the interpretation
of this Agreement, the enforcement of its terms, any acts, errors, or omissions of
CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and
disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated
prior to exhaustion of these procedures, such action shall be stayed, upon
application by either party to a court of proper jurisdiction, until the procedures in
Paragraphs 6.8.3 and 6.8.4 have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based,
the party seeking relief shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident,
or first observance of defect or damage. In both instances, the Notice shall
specify the nature and amount of relief sought, the reason relief should be
granted, and the appropriate portions of this Agreement that authorize the relief
requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the
dispute. If the dispute cannot be resolved at that level, then, upon written request of
either side, the matter shall be referred to the President of ENGINEER and the
Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the
Project Site or such other location as is agreed upon within 30 days of the written
request to resolve the dispute.
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6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of
obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may
prepare publications, such as technical papers, articles for periodicals, and press
releases, pertaining to ENGINEER's services for the Project. Such publications will
be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's
advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and
provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information
from such publications, but otherwise CITY OF FAYETTEVILLE will not
unreasonably withhold approval. The cost of ENGINEER's activities pertaining to
any such publication shall be for ENGINEER's account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER
from and against any and all loss where loss is caused or incurred or alleged to be
caused or incurred in whole or in part as a result of the negligence or other
actionable fault of the Contractors, or their employees, agents, Subcontractors, and
Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings,
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.
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6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the
appropriate party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
McClelland Consulting Engineers, Inc
1580 E. Stearns Street.
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to
the successors, executors, administrators, and assigns of such other party, in
respect to all covenants of this Agreement; except as above, neither CITY OF
FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the
Agreement without the written consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of
the State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY
OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms
thereon shall become a part of this Agreement. Said purchase order document,
whether or not signed by ENGINEER, shall be considered as a document for CITY
OF FAYETTEVILLE's internal management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's 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
Professional Engineering Services Contract - 02.12.2021
FY20-2179 8
performance of any of the services furnished under this Agreement except for errors,
omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE
or CITY OF FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other
express or implied assurances under this Agreement or State law and in no way
diminish any other rights that CITY OF FAYETTEVILLE, may have against
ENGINEER for faulty materials, equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims,
disputes and other matters in question between CITY OF FAYETTEVILLE and
ENGINEER arising out of or relating to this Agreement or the breach thereof will be
decided in a court of competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly
pertinent to performance on work under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied in effect on the
date of execution of this Agreement. ENGINEER shall also maintain the financial
information and data used by ENGINEER in the preparation of support of the cost
submission required for any negotiated agreement or change order and send to
CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have
access to all such books, records, documents and other evidence for the purpose of
inspection, audit and copying during normal business hours. ENGINEER will provide
proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available
during performance on assisted work under this Agreement and until three years
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 ir: 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:
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7.3.3.3.1 With respect to record pertaining directly to subagreement performance,
excluding any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement of understanding for
a commission, percentage, brokerage or continent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by
ENGINEER for the purpose of securing business. For breach or violation of this
warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement
without liability or at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any
of ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to, any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in
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
Professional Engineering Services Contract - 02.12.2021
FY20-2179
10
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.
FOVIUMN-N
By:
City
LLE, ARKANSAS
ENGINEER
McCLELLAND CCNSULTING ENGINEERS
By. Kevin Beaumont
up" / 1 CDigitally signed by Kevin
G�RKt/ TRF� i,� Beaumont
. KeVln Beal�m01�tbaie:2021.02.24
•G\1Y OF •;SG��' I L- 1:3.26:01-06'00'
% = • t�oTjtle: Vice President
: FAYETTEVILLE :
9 .: �RKANSP� • ��•
END OF AGREEMENT ii7't 64 9SIONAL ENGINEERING SERVICES
Professional Engineering Services Contract - 02.12.2021
FY20-2179 11
APPENDIX W
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
NORTH STREET CORRIDOR IMPROVEMENTS
1. Scope of Proiect
The scope of work and design tasks associated with the Corridor Improvements on North
Street from Garland Avenue to Mission Boulevard, a distance of approximately 7,850 LF, are
as follows;
i) Develop concept (30%) design for sidewalk and pedestrian improvements between
Garland Ave. and' Gregg Ave., to include:. '
• Pedestrian safety improvements at intersection approaches of Garland Ave., North St.
and Wedington. Advise as to impact,on current signal operation.
• Continuous sidewalk with greenspace along north side of street between Garland Ave.
and Gregg Ave., approx. distance 2,600 LF.
• Continuous sidewalk at back of curb, using a downtown/urban section along south
side of street between Garland Ave: to Leverett Ave., approx. distance 1,300 LF.
• Crossing safety improvements at Lindell Ave. and Mount Comfort Rd. Consider option
of closing Mount Comfort Road at North Street or reduction in lane widths.
• Evaluate need for, and means of, improving traffic movements at intersection of North
St. and Leverett Ave., notably east -west directions.
• Intersection crossing improvements at Gregg Ave.
• Identify utility concerns and/or relocation needs with City.
• Consider addition of lighting and landscaping/trees along corridor section.
• Design shall comply with City MSP (unless otherwise agreed), ADA and AASHTO
requirements/guidelines.
ii) Develop concept (30%) design for sidewalk and pedestrian improvements between Gregg
Ave. and Mission Blvd., to include:
• Continuous sidewalk along one side of North St.;
o Gregg Ave. to College Ave., approx. distance 2,750 LF.
o College Ave. to Mission Blvd., approx. distance 2,500 LF.
• Intersection improvements at North St. and College Ave. to improve intersection
capacity and eliminate the split phase operation of signals. To include consideration of
adding dedicated WBRTL on North St.
• Evaluate alternatives for intersection improvements at North St. and Hillcrest Ave., to
include option of signalization.
• Identify utility concerns and/or relocation needs with City.
• Consider addition of lighting and landscaping/trees along corridor section.
• Design shall comply with City MSP (unless otherwise agreed), ADA and AASHTO
requirements/guidelines.
APPENDIX A — Scope of Services A-1 FY20-2179
North St. Corridor Improvements
iii) Topographic Survey and Boundary Resolution,
• Complete a detailed topographic survey of the project area of approx. 7,800 LF length.
Detail items typically shown include (but not limited to): finished floor elevations to
adjacent buildings, contours, curb & gutter, flowlines, utility poles and structures,
roads, sidewalks, trees, storm water and sanitary sewer manholes and utility markers
where provided by utility location service.
• Complete records research, field research and boundary resolution of approximately
60 parcels estimated as being within the project limits. The property lines and right-of-
way's will be located and shown only on topographic survey and engineering
drawings. Easements will be established from City GIS.
iv) Meetings and Coordination (Public, Private and City);
• Design meeting with City after 30% submittal milestone to discuss City comments.
• Prepare exhibits and documentation for public forums, to include; Transportation
Committee, City staff, landowners and general public, for either in -person or virtual
meetings. To include color rendering of project concept for City website.
• Evaluate comments and concerns from discussions with City.
• Coordinate with Crafton Tull concerning project limits and design at the intersection of
North St. and Mission Blvd.
2. Basic Services
The Basic Services of the ENGINEER as described in the agreement shall be as
stated in the Scope of Project above, and are limited to development of concepts
within the limits of the defined road corridor to 30% design. Upon selection of a project
concept, Engineer shall submit an amendment to this agreement to complete detailed
design, geotechnical and ROW/Easement acquisition documents.
3. Project Deliverables
a. Concept drawings for proposed corridor improvements for 30% milestone,
submittal to be in electronic form.
b. Construction cost estimate.
C. Plan of existing Right -Of -Way and Easements along corridor.
APPENDIX A — Scope of Services A-2 FY20-2179
North St. Corridor Improvements
APPENDIX 'B'
SCHEDULE
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
NORTH STREET CORRIDOR IMPROVEMENTS
Task Name Start Finish
-, 202179- North St. Corridor Improvements
02/12i21
12/30/21
Fee Proposal -Final
02/12/21
02/12/21
Proposal to Council
03/02/21
03/02/21
Topographic Survey
03/08/21
04/02/21
Boundary Survey
03/08/21
04/02/21
30% Design (Conceptual)
04/05/21
05/14/21
City Review (30% Design)
05/17/21
06/04/21
APPENDIX B — Scope of Services B-1 FY20-2179
North St. Corridor improvements
APPENDIX "C"
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
NORTH STREET CORRIDOR IMPROVEMENTS
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an
amount equal to the cumulative hours charged to the Project for each class of
ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the
attached Exhibit 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.
Concept Design $ 67.500.00
Topographic Survey $ 29,150.00
Property Boundary Resolution $ 26,750.00
SUB -TOTAL Basic Services $ 123.400.00
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 A ", 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 Serviices. Reimbursable
Expenses must be approved by the CITY OF FAYETTEVILLE prior to the incurrence
of such expenses. The estimated amount of Reimbursable Expenses to be incurred
in connection with Basic Services is:
APPENDIX C — Scope of Services C-1 FY20-2179
North St. Corridor Improvements
SUB -TOTAL Reimbursable Expenses $ 5,500.00
The maximum payment to the ENGINEER for all of the Basic Services and
Reimbursable Expenses identified within this Agreement shall NOT exceed
$128,900.00 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 FY20-2179
North St. Corridor Improvements
EXHIBIT 1
CONSULTING
mcEMcCLELLAND
ENGINEERS, INC.
2021
McCLELLAND CONSULTING ENGINEERS, INC.
*STANDARD HOURLY RATES
Chief Draftsman
$95 - $110
Clerical
$45 - $75
Construction Observer
$70 - $140
Draftsman
$65 - $95
Environmental Scientist/Designer
$105 - $120
Geotech Engineer
$85 - $170
HR/Payroll Admin
$75-$100
Landscape Architect
$90 - $140
Media Specialist
$80 - $100
Principal
$160 - $230
Project Accountant
$70 - $155
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 - $230
Survey (2 man or Robotic) Crew
$115 - $160
Survey (3 man) Crew
$135 - $195
Survey Field (1 Man or Rodman)
$45 - $105
Survey GPS
$75 - $130
Survey Technician
$65 - $95
Water Lab Supervisor
$70 - $120
Water Lab Tech
$50 - $95
Expenses
@ Cost
Mileage
.560/mi
* Standard Hourly Rates may be adjusted annually in accordance with
the normal salary review practices of AfcClelland Consulting Engineers.
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2021
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a contract in the amount of $128,900.00 with McClelland Consulting Engineers for the North Street Corridor
Project and approval of a budget adjustment, per RFQ 20-01, selection #22.
COUNCIL DATE:
LEGISTAR FILE ID#:
3/16/2021
2021-0144
Mai -hw,x Maddo-x.
2/22/2021 1:45 PM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
RESOLUTION/ORDINANCE
GLDATE:
I CHKD/POSTED:
3/16/2021
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20210104
Account Name
4602.860.7223-5860.02
128,900 -
46020 7223 EX
Capital Prof Svcs - Engineering/Architects,
4602.860.7999-5899.00
(128,900) -
46020 7999 EX
Unallocated - Budget
H:\Budget Adjustments\2021_Budget\City Council\03-16-2021\2021-0144 BA North Street Corridor 1 of 1