HomeMy WebLinkAbout165-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 165-21
File Number: 2021-0388
RFQ 21-01 MCCLELLAND CONSULTING ENGINEERS, INC. SELECTION #5:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO
RFQ #21-01, SELECTION 5, IN THE AMOUNT NOT TO EXCEED $273,388.00 FOR
PROFESSIONAL SERVICES ASSOCIATED WITH UTILITY RELOCATIONS ALONG
HIGHWAY 16
BE IT RESOLVED BV 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 #21-01,
Selection 5, in the amount not to exceed $273,388.00 for professional services associated with
ArDOT Project 040785 Utility Relocations along Highway 16 from Stone Bridge Road to East
Roberts Road.
PASSED and APPROVED on 6/1/2021
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0388
Agenda Date: 6/1/2021 Version: 1 Status: Passed
In Control: City Council Meetinq
Agenda Number: A.20
File Type: Resolution
RFQ 21-01 MCCLELLAND CONSULTING ENGINEERS, INC. SELECTION #5:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #21-01,
SELECTION 5, IN THE AMOUNT NOT TO EXCEED $273,388.00 FOR PROFESSIONAL
SERVICES ASSOCIATED WITH UTILITY RELOCATIONS ALONG HIGHWAY 16
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 #21-01,
Selection 5, in the amount not to exceed $273,388.00 for professional services associated with ArDOT
Project 040785 Utility Relocations along Highway 16 from Stone Bridge Road to East Roberts Road.
City of Fayetteville, Arkansas Page 1 Printed on 61212021
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2021-0388
Legistar File ID
6/1/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/12/2021 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an engineering services agreement with McClelland Consulting Engineers, Inc. in an
amount not to exceed $273,388.00 for professional services associated with ArDOT Project 040785 Utility
Relocations along Highway 16 from Stone Bridge Rd. to E. Roberts Rd.
Budget Impact:
5400.720.5600-5314.00/5400.720.5700-
5314.00
Account Number
11011.2102
Project Number
Water and Sewer
Fund
Water/Sewer Relocations - Bond Projects
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments: RFQ 21-01, Selection #5
Project Title
$
9,404,332.00
$
6,137,279.71
$ 3,267,052.29
$
273,388.00
7 QQ2 AAA 7Q
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 1, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: May 12, 2021
CITY COUNCIL MEMO
SUBJECT: Engineering Services Agreement with McClelland Consulting Engineers,
Inc. for Utility Relocations Required by ArDOT Project 040785 (Hwy 16 from
Stone Bridge Rd. to E. Roberts Rd.)
RECOMMENDATION:
Staff recommends approval of an engineering services agreement with McClelland Consulting
Engineers, Inc. in an amount not to exceed $273,388.00 for professional services associated
with ArDOT Project 040785 Utility Relocations along Highway 16 from Stone Bridge Rd. to E.
Roberts Rd.
BACKGROUND
ArDOT has notified the City of Fayetteville to relocate water and sewer infrastructure along
Highway 16 where they will be widening the roadway to 4-lanes. After receiving this notification,
a formal selection committee was held on March 30, 2021 at which McClelland was selected for
contract negotiations (RFQ 21-01, Selection #5).
DISCUSSION:
Affected utilities include approximately 4,100 linear feet of 8-inch diameter cast iron waterline
that will need to be replaced and upgraded to 12-inch diameter PVC pipe. Additionally, there is
approximately 1,700 linear feet of small diameter sanitary sewer relocation necessary. Parts of
this project appear to be reimbursible to the City by ArDOT, however preliminary engineering
must be completed first to determine exact qualifications. Afterwards, a formal relocaton
agreement will be presented to the City Council outlining the terms of reimbursement. This
engineering services agreement will include survey, engineering design, permitting, and bidding
services.
BUDGET/STAFF IMPACT:
Funds are available in the Water & Sewer Relocations — Bond Projects account.
Attachments:
Engineering Services Agreement
Scope/Fee Matrix
ArDOT Relocation Notification Letter
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS. INC.
THIS AGREEMENT is made as of �lrl.{1�L ' , 2021, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and McClelland Consulting Engineers, Inc. (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 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 that ENGINEER has full responsibility for
the engineering services.
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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 Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect
to the services to be performed under this Agreement. The Utilities Director 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 in Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $273,388.00. The CITY
OF FAYETTEVILLE shall compensate ENGINEER based on an hourly not -to -exceed basis as
described in Appendix B.
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
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21-2121 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
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
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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
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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.
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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.
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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.
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:
113 West Mountain Street
Fayetteville, Arkansas 72701
MCCLELLAND CONSULTING ENGINEER's address:
1580 East 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
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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
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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 FANETTE)FILL`%, ARKANSAS ENGINEER
By. By:
M or, loneLrdan�K , Ti,Nicholas R. Batker, P.E.
ATTEST:A,,OTYo' .7 sBy:_ FgYLr - E : �= Title: Senior Associate
City Clerk
ANS
END OF AGREER.? IONAL ENGINEERING SERVICES
IpN0
11 1,�
Hwy 16 Utility Relocations — Stone Bridge Rd to E Roberts Rd
21-2121 10
APPENDIX A -SCOPE OF SERVICES
1.1 General
Generally, the scope of services includes design surveys along the Highway 16 corridor from
the vicinity o f S t o n e B r i d g e D r i v e to the vicinity o f East Roberts Road, as defined by
ARDOT's Job No. 040785 for widening this segment of Highway 16. Surveys will be limited
to those areas where existing and new water and sewer facilities must be coordinated with the
ARDOT highway improvement plans.
Preliminary and Final Design services related to water and sewer improvements within the
limits outlined above shall be completed. The design work shall cover approximately 4,100 linear
feet of 8-inch water main relocation (to be upsized to 12-inch) and approximately 1,700 linear feet
of 6-inch and 8-inch sanitary sewer main relocations. Design services shall also include necessary
water and sewer interconnections and replacements, water meter relocations, manhole rim
adjustments, and related work as necessary to accommodate the ARDOT Job No. 040785 widening
plans. It is assumed that the existing 36-inch and 42-inch sewer mains will be allowed by ARDOT
to remain within the proposed right-of-way as -is. If ARDOT requires relocation or adjustment of
the 36-inch or 42-inch sewer mains, it will be considered Additional Services.
The scope of services also includes boundary surveys, preparation of easement
exhibits/descriptions, and appraisal and acquisition services (if requested by the City of
Fayetteville) for new easements associated with water and sewer relocations.
Appendices B-1 and B-2 contain the fee proposals for design and easement services, respectively.
Appendix C contains the preliminary assessment of water and sewer relocations required to
accommodate the ARDOT Job No. 040785 widening plans.
1.2 Design Surveys, Preliminary and Final Design, SWPPP/Environmental and Bidding
Phase Services
1.2.1 Design Surveys
MCE will complete design surveys as necessary to locate existing water and sewer facilities
and to locate other existing utilities that are marked by One -Call services in areas required
to accommodate the ARDOT widening plans along Hwy 16 from Stone Bridge Rd to E
Roberts Rd. Areas where there are no water and sewer conflicts or no new water and sewer
facilities will not be surveyed. MCE shall rely on the Fayetteville water and sewer GIS
information for general utility locations and on Fayetteville's personnel marking water and
sewer facilities during the one call process for design survey locations.
Appendix A — Scope of Services Page 1 of 5
Hwy 16 Utility Relocations — Stone Bridge Rd to E Roberts Rd
1.2.2 Preliminary Design
Preliminary plans shall be prepared and submitted to the City of Fayetteville for the
purpose of confirming the final design scope of work, including the extent of new water
and sewer mains, the location of interconnections, coordination issues with the highway
plans, preliminary easement requirements, anticipated right of way conflicts, and a
preliminary estimate of construction costs. The preliminary plans will include the proposed
ARDOT right-of-way and limits of construction, with minimal profile information.
1.2.3 Final Design
Based on review comments from Preliminary Design, the Final Design and Project
Specifications shall be completed, including plans, profiles, details, ARDOT coordination
issues, final estimated construction cost, and related documents as necessary to obtain
approvals by the City of Fayetteville, the Arkansas Department of Health and ARDOT.
In addition, up to 4 rock soundings shall be performed at critical locations along the project
corridor. Final Design deliverables shall include:
• City of Fayetteville — one full size set and one half size set of plans, one set of project
specifications, and one copy of the cost estimate. Digital (PDF) copies of the above
referenced deliverables shall also be provided.
• Arkansas Department of Health and ARDOT — digital submittals (PDF)
• Rock sounding summary report and logs, which shall be included in the Project
Specifications.
1.2.4 Regulatory Compliance
MCE shall assist the City of Fayetteville with obtaining applicable local, state and Federal
permits required for the project, which shall include:
• Floodplain Development Permit — required by City of Fayetteville
• Stormwater Pollution Prevention Plan — includes erosion control plans/details. If
greater than 5 acres will be disturbed, MCE shall submit the SWPPP to ADEQ and
prepare the Notice of Intent for the City of Fayetteville.
• Short Term Activity Authorization — one stream crossing assumed (unnamed
tributary of West Fork White River) near western end of project limits.
• 404 Permit — assumed coverage under Nationwide Permit 58. MCE shall
coordinate with USACE for project notification as required utilizing existing
environmental constraint data obtained from ARDOT. Should USACE require
additional data or coverage under an Individual Permit, it shall be considered
Additional Services.
Appendix A — Scope of Services Page 2 of 5
Hwy 16 Utility Relocations — Stone Bridge Rd to E Roberts Rd
1.2.5 Bidding Phase
MCE shall assist the City of Fayetteville with an Advertisement for Bids, assist in
addressing bidders' questions, issue Addenda as authorized by the City of Fayetteville,
conduct a Prebid Conference, attend the bid opening and prepare Bid Tabulation with an
award recommendation. Inaddition, MCE shall prepare a summary of the project costs and
the estimated ARDOT reimbursement value based on the actual bid prices.
1.3 Property Surveys, Easement Preparation, Appraisal and Acquisition Services
1.3.1 Property Surveys
MCE shall rely on the ARDOT Highway 16 right-of-way plans, the ARDOT ownership
map and Fayetteville easement information for the initial evaluation of easement
requirements. Based on those sources of information, an initial map of easement needs
will be submitted to the City of Fayetteville. Upon City of Fayetteville's concurrence,
property surveys as necessary to confirm property lines needed for the easement preparation
process will be completed. The property survey process shall include verification of current
property ownership/current property legal descriptions based on courthouse records.
The ARDOT property maps shall be updated/modified based on any changes determined
during the property survey process and property ownership verification process.
1.3.2 Easement Preparation
The easement maps obtained from Fayetteville atlas sheets shall be updated as needed to
reflect more current existing easement records, as provided by City of Fayetteville
personnel, in areas where the exact location of existing easements has an impact on the
project. New easements shall be added to this easement map and to the project plans, as
necessary to illustrate to the bidders and construction contractor the limits of their
authorized work areas.
For those areas identified and subsequently approved by the City of Fayetteville,
individual easement legal descriptions and tract maps will be prepared inaccordance with
criteria established by the City of Fayetteville, generally in accordance with documents
prepared on previous projects. It is anticipated that as many as 20 new easement
documents may be required and as many as 5 of these documents may require revisions
based on design changes by ARDOT or the City of Fayetteville.
1.3.3 Easement Appraisal Services
If requested in writing by the City of Fayetteville, MCE shall obtain appraisals through
subcontract with Reed & Associates on up to 20 parcels. It is assumed that no major
Appendix A — Scope of Services Page 3 of 5
Hwy 16 Utility Relocations — Stone Bridge Rd to E Roberts Rd
improvements (residential structure, outbuilding, etc.) will be damaged by the proposed
easement acquisitions.
1.3.4 Easement Acquisition Services
If requested in writing by the City of Fayetteville, MCE shall provide acquisition and
negotiation services for up to 20 parcels. MCE will subcontract with Visionary Milestones,
LLC to assist in providing these services. MCE shall also attend meetings with property
owners as required during negotiation and acquisition of easements.
1.4 Construction Phase Services
The scope of Construction Phase Services will be added with a future amendment to this
agreement.
1.5 Extra Work
The following items are not included under this agreement but will be considered as extra work:
• Redesign for the City's convenience or due to changed conditions after prior approval
or conflicting direction from the City or from ARDOT.
• Submittals or deliverables in addition to those listed in paragraph 1.2.3.
• Environmental Assessment.
• Work related to environmentally or historically (culturally) significant items.
• Approved Jurisdictional Determination.
Extra Work will be as directed by the City of Fayetteville in writing for an additional fee
as agreed upon by the City of Fayetteville and MCE.
Appendix A — Scope of Services Page 4 of 5
Hwy 16 Utility Relocations — Stone Bridge Rd to E Roberts Rd
1.6 Schedule
MCE will begin work under this Agreement upon Notice to Proceed and will work continuously
to completion in accordance with the proposed schedule below:
Task Item
Task Duration
(Calendar Days)
Cumulative
Duration
(Calendar Days)
Notice to Proceed
0
0
Design Surveys
60
60
Preliminary Design
60
120
City Review of Preliminary Design
10
130
Final Design
90
220
Regulatory Compliancel
120
Concurrent
Easement Preparation/Acquisition2
150
Concurrent
City Review of Final Design
20
240
ADH Review
30
270
Bid Advertisement/Opening/Contractor Award
90
360
Construction
240
540
Start during Final Design; assumed Nationwide Permit 58 coverage; all permits obtained prior
to start of construction.
Assumed use of ARDOT appraisals and City staff for acquisition. All parcels must be acquired
prior to start of construction.
Assumed duration based on current knowledge of scope of work; to be updated at completion
of Final Design
Appendix A — Scope of Services Page 5 of 5
Hwy 16 Utility Relocations — Stone Bridge Rd to E Roberts Rd
Appendix B-1 Fee Proposal
Appendix B-1
Design Surveys, Preliminary Design, Final Design,
Regulatory Compliance and Bidding Phase Services in Conjunction with the
Highway 16 Water and Sewer Relocations (Stone Bridge Rd to E Roberts Rd)
ARDOT Job No. 040785
Fayetteville, Arkansas
Personnel Hours
Labor Classification
Hours
Labor Rate
Extended
Sr. Project Manager
84.00
$65.00
$5,460.00
Project Manager
394.00
$48.00
$18,912.00
Project Designer
672.00
$35.00
$23,520.00
Reg. Land Surveyor
30.00
$40.00
$1,200.00
Survey Technician
80.00
$25.00
$2,000.00
Field Survey Crew
140.00
$25.00
$3,500.00
Office Admin
50.00
$20.00
$1,000.00
Direct Labor Subtotal
$55,592.00
Overhead 149.31 %
$83,004.00
Subtotal
$138,596.00
Fixed Fee 12%
$16,632.00
Subtotal Labor Costs
$155,228.00
EXPENSES
Item
Amount
Mileage ($0.42/mile)
$200.00
Rock Soundings - 4 soundings at $1,250/ea
$5,000.00
Utility Locates (ArkUps)
$500.00
Total Estimated Reimbursable Expenses
$5,700.00
Total Costs - Design Surveys, Preliminary Design, Final Design,
Regulatory Compliance and Bidding Phase Services $160,928.00
(Task Item 1.2)
Appendix B-2 Fee Proposal
Appendix B-2
Property Surveys, Easement Preparation,
Appraisal and Acquisition Services in Conjunction with the
Highway 16 Water and Sewer Relocations (Stone Bridge Rd to E Roberts Rd)
ARDOT Job No. 040785
Fayetteville, Arkansas
Personnel Hours
Labor Classification
Hours
Labor Rate
Extended
Sr. Project Manager
0.00
$65.00
$0.00
Project Manager
88.00
$48.00
$4,224.00
Project Designer
0.00
$35.00
$0.00
Reg. Land Surveyor
88.00
$40.00
$3,520.00
Survey Technician
184.00
$25.00
$4,600.00
Field Survey Crew
40.00
$25.00
$1,000.00
Office Admin
0.00
$20.00
$0.00
Direct Labor Subtotal
$13,344.00
Overhead 149.31 %
$19,924.00
Subtotal
$33,268.00
Fixed Fee 12%
$3,992.00
Subtotal Labor Costs
$37,260.00
EXPENSES
Item
Amount
Mileage ($0.42/mile)
$200.00
Title Search - $150 per parcel - 20 parcels assumed
$3,000.00
Total Estimated Reimbursable Expenses
$3,200.00
SUBCONSULTANTS
Item
I Amount
Reed & Associates - Appraisal Services ($2,500/parcel, 20 parcels)
$50,000.00
Visionary Milestones - Acquisition Services ($1,100/parcel, 20 parcels)
$22,000.00
Total Estimated Subconsultant Cost
$72,000.00
Total Costs - Property Surveys, Easement Preparation, Appraisal
and Acquisition Services (Task Item 1.3) $112,460.00
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ARKANSAS DEPARTMENT OF TRANSPORTATION
A' AeDOT.gov I IDriveArkansas.corn Lorie H. Tudor, P.E., Director
KANSAS DEPARTMENT 10324 Interstate 30 I P.O. Box 2261 Little Rock, AR 72203-2261
AR
POF TRANSPORTATION Phone:501.569.2000 1 Voice/TTY711 I Fax:501.569.2400
April 6, 2021
Mr. Corey Granderson
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Job 040785 (Utilities)
Stone Bridge Rd. - East Roberts Rd. (Fayetteville)(S)
Route 16 Section 1
Washington County
Dear Mr. Granderson:
Your request of April 6, 2021, to have McClelland Engineers perform the preliminary
engineering for your utility facilities on the referenced project is approved.
This approval is your authorization to have the consultant proceed with the sketch and
preliminary engineering fee breakdown, as well as the contract for preliminary engineering
services with your utility. This information should be submitted to this office for review and
approval.
Upon approval of the fee, a Preliminary Engineering Agreement will be prepared by this office
and sent to you for signature.
The cost of this service will be reimbursable only to the extent your existing utility facilities
required to be adjusted are determined to be eligible.
In order to receive any eligible reimbursement of consultant engineering costs, the preliminary
engineering work must not be started until work authorization is given by the Department.
In accordance with requirements for Federal Aid Projects, we are forwarding a "Certification of
Consultant" form to your consultant to execute and return to this office.
If further information or assistance from this office is needed, please advise.
Sincerely,
Keith Mashburn
Utility Coordinator
Utilities Section
Right of Way Division
Enclosures
C: McClelland Engineers W/Attachments
"C" Files
ARKANSAS DEPARTMENT of TRANSPORTATION
Utility:
Consultant
Route Section
County
CERTIFICATION OF CONSULTANT
I hereby certify that I am the
authorized representative of the firm of
whose address is
except as expressly stated and described herein, neither I nor the firm of
with
(Utilities)
and duly
and that,
has, in connection with its contract for preliminary engineering services
entered into pursuant to
provisions of an agreement between the aforementioned utility owner and the Arkansas
Department of Transportation as a part of Federal Aid Project
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm, company, or person, other than a bonafide employee working
solely for me or the aforementioned consulting firm to solicit or secure the contract, or
(b) agreed, as an expressed or implied condition for obtaining the award of the contract, to
employ or retain the services of any firm, company, or person in connection with the
carrying out of the contract, or
(c) paid, or agreed to pay, to any firm, company, organization, or person, other than a
bonafide employee working solely for me or the aforementioned consulting firm, any
fee, contribution, donation or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
(Statement and explanation of exception, if any:)
I acknowledge that this certificate is to be furnished to the Arkansas Department of Transportation
and the Federal Highway Administration, in connection with the aforementioned project involving
participation of Federal -Aid Highway Funds, and is subject to applicable State and Federal Laws,
both criminal and civil.
(Date)
(Signature)
Utility
ARKANSAS DEPARTMENT of TRANSPORTATION
City of Fayetteville, AR
Job 040785
(Utilities)
Consultant McClelland Consulting Engineers, Inc. Stone Bridge Rd. - East Roberts Rd.
(Fayetteville)(S)
Route 16 Section 1
County Washington
CERTIFICATION OF CONSULTANT
I hereby certify that I am the President
authorized representative of the firm of McClelland Consulting Engineers, Inc.
and duly
whose address is _1580 E. Stearns St., Fayetteville, AR 72703 , and that,
except as expressly stated and described herein, neither I nor the firm of McClelland Consulting
Engineers, Inc. has, in connection with its contract for preliminary engineering services
with the City of Fayetteville, AR entered into pursuant to
provisions of an agreement between the aforementioned utility owner and the Arkansas
Department of Transportation as a part of Federal Aid Project STPC-9142(49)
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm, company, or person, other than a bonafide employee working
solely for me or the aforementioned consulting firm to solicit or secure the contract, or
(b) agreed, as an expressed or implied condition for obtaining the award of the contract, to
employ or retain the services of any firm, company, or person in connection with the
carrying out of the contract, or
(c) paid, or agreed to pay, to any firm, company, organization, or person, other than a
bonafide employee working solely for me or the aforementioned consulting firm, any
fee, contribution, donation or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
(Statement and explanation of exception, if any:)
I acknowledge that this certificate is to be furnished to the Arkansas Department of Transportation
and the Federal Highway Administration, in connection with the aforementioned project involving
participation of Federal -Aid Highway Funds, and is subject to applicable State and Federal Laws,
both criminal and civil.
( Date)
(Signature)
6-14-21