HomeMy WebLinkAbout237-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 237-21
File Number: 2021-0715
RFQ #21-01 SELECTION #8, MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO
RFQ #21-01 SELECTION 8, IN AN AMOUNT NOT TO EXCEED $85,160.00 FOR THE
DESIGN OF A WATERLINE UPGRADE ALONG SOUTH SCHOOL AVENUE
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 #21-0I
Selection 8, in an amount not to exceed $85,160.00 for the design of a waterline upgrade to relieve a
bottleneck along South School Avenue.
PASSED and APPROVED on 10/5/2021
Approv d: Attest:
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Page 1 Printed on 1016al
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0715
Agenda Date: 10/5/2021 Version: 1 Status: Passed
In Control: City Council Meetinq
Agenda Number: A.5
File Type: Resolution
RFQ #21-01 SELECTION #8, MCCLELLAND CONSULTING ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #21-01
SELECTION 8, IN AN AMOUNT NOT TO EXCEED $85,160.00 FOR THE DESIGN OF A
WATERLINE UPGRADE ALONG SOUTH SCHOOL AVENUE
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
8, in an amount not to exceed $85,160.00 for the design of a waterline upgrade to relieve a bottleneck along
South School Avenue.
City of Fayetteville, Arkansas Page 1 Printed on 101612021
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2021-0715
Legistar File ID
10/5/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/15/2021 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with McClelland Consulting Engineers, Inc.,
pursuant to RFQ 21-01, Selection #8, for design of a waterline upgrade to relieve a bottleneck in S. School Avenue in
an amount not to exceed $85,160.00.
Budget Impact:
5400.720.5600-5314.00
Water and Sewer
Account Number Fund
12009.1 Water System Rehabilitation/Replacement
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 10,042,504.00
$ 9,362,964.62
$ 679,539.38
$ 85,160.00
$ 594,379.38
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments: RFQ 21-01, Selection #8
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 5, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
CITY COUNCIL MEMO
DATE: September 15, 2021
SUBJECT: Engineering Services Agreement with McClelland Consulting Engineers,
Inc. for Design of the South School Waterline Upgrade (RFQ 21-01,
Selection #8)
RECOMMENDATION:
Staff recommends approval of an Engineering Services Agreement with McClelland Consulting
Engineers, Inc. for design of a waterline upgrade to relieve a bottleneck in S. School Avenue in
an amount not to exceed $85,160.00.
BACKGROUND:
The City's 2017 Water Master Plan identified a hydraulic bottleneck in the City's water
distribution system along S. School Avenue in the vicinity of the Fulbright Expressway.
Upgrading this line from an 8-inch Cast Iron to a 12-inch PVC pipe will improve system
hydraulics into south Fayetteville, the airport, Greenland, and West Fork.
DISCUSSION:
This project design consists of approximately 3,000 linear feet of 8-inch Cast Iron Pipe being
replaced by 12-inch PVC pipe. In addition to hydraulic improvements, this improvement will
reduce the likelihood and impacts of waterline leaks in the vicinity and along Willoughby Road.
The 2017 Water Master Plan identified two feasible alternatives for relieving this bottleneck,
however, the option along S. School Avenue presents the most economical option, and
furthermore replaces an aging waterline. McClelland Consulting Engineers, Inc. was selected
for this project on March 30, 2021 at a formal engineering selection committee (RFQ 21-01,
Selection #8).
BUDGET/STAFF IMPACT:
Funds are available in the Water System Rehabilitation/Replacement account.
Attachments:
Engineering Services Agreement
Fee Schedule
Vicinity Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE. ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS. INC.
THIS AGREEMENT is made as of c-�Abzlc 6 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 I - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
13 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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2I_,I,2
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 $85,160.00. 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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21-2122 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
South School Water Line Upgrade
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
21-2122
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 mav, 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 FAYETTEVILLE, ARKANSAS ENGINEER
By By: v� V
May'Kr, Ltoneld rd Nicholas R. Batker, P.E.
ATTEST: �.�� C�;�RK
C' Y 0 9dG%
By: ; n,:Title: Senior Associate
CityClerk = FAYEIT
; E\'iLLE ;
END OF AGREE1 . fgRrtPdQF?_* `S NAL ENGINEERING SERVICES
South School Water Line Upgrade
21-1122 10
APPENDIX A -SCOPE OF SERVICES
1.0 General
Generally, the scope of services includes survey, design and bidding services for
upgrades to approximately 3,000 linear feet of existing 8-inch water main located along
South School Avenue in the vicinity of Fulbright Expressway. This segment of water main
was identified as a bottleneck in the City's 2017 Water Master Plan Update. The existing
8-inch water main will be replaced with a 12-inch water main. Appendix B contains the
fee proposal for the scope of services, while Appendix C identifies the limits of the project.
2.0 Basic Services
2.1 Survey Services
2.1.1 Topographic Surveys
ENGINEER will complete a detailed topographic survey within the limits of the
project shown in Appendix C and typically include details as listed below:
• Street curb lines, asphalt edges, crown, and striping
• Parking areas, light -poles, and bollards
• Buildings, sheds, and finish floor elevations
• Utility fixtures and structures
• Underground utility lines as marked by utility location services
• Drainage ditches, pipes and structures
• Fences and gates
• Land corners and property markers
• Other features as may be visible from ground observation.
The anticipated total survey area is approx. 3.5 acres to provide a 50' wide
surveyed corridor along the project limits. The ENGINEER will send out property
owner notifications prior to beginning field work (letter via USMAIL or doorhangers)
to alert landowners that surveyors will be in the area. Project control points used
to complete the topographic survey will be shown for future use during
construction. The ENGINEER will contact Arkansas 811 and wait the allotted 48
hours prior to beginning the survey to allow time to have utilities field located. The
ENGINEER shall not be responsible for utilities not field located by a public/private
utility location service or by specific utility providers.
2.1.2 Boundary Resolution, Boundary Survey & Easement Preparation
The ENGINEER shall rely on South School Avenue right-of-way plans
a nd Fayetteville GIS easement information for the initial evaluation of easement
requirements. Based on those sources of information, an initial map of
Appendix A — Scope of Services Page 1 of 4
South School Water Line Upgrade
easement needs will be submitted to the City of Fayetteville. Upon City of
Fayetteville's concurrence, ENGINEER will complete records research, field
research, boundary resolution and boundary survey along the project alignment
(up to 20 parcels assumed). The boundary survey will meet the Arkansas
Standards of Practice for Property Boundary Surveys and Plats revised August 7,
2020 and currently in effect. Title research will be conducted by a third party.
For those areas identified and subsequently approved by the City of
Fayetteville, individual easement legal descriptions and tract maps will be
prepared in accordance with criteria established by the City of Fayetteville,
generally in accordance with documents prepared on previous projects. It is
anticipated that a m a x i m u m o f 10 new easement documents may be
required and as many as 5 of these documents may require revisions.
Easement acquisition, negotiation and appraisal services are not included in the
scope.
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 mains, the location of interconnections, coordination issues, preliminary
easement requirements, a nd a preliminary estimate of construction costs. The
preliminary plans will include minimal water main profile information.
2.3 Final Design
Based on review comments from Preliminary Design, the Final Design and
Project Specifications shall be completed, including plans, profiles, details,
roadway 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 other regulatory agencies as
r e q u i r e d. 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 — digital submittals (PDF)
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:
• Construction Stormwater Discharge Permit from DEQ —Work shall include:
o Small site Stormwater Pollution Prevention Plan (SWPPP)
Appendix A — Scope of Services Page 2 of 4
South School Water Line Upgrade
o Erosion & Sediment Control Drawings
o Coordination with Contractor for posting of Automatic Coverage
Certification
• Short Term Activity Authorization (DEQ) — one stream crossing assumed
(unnamed tributary of Cato Springs Branch, West Fork White River) near
southern end of project limits.
• Clean Water Act Section 404 Permit (USACE) — Assumed coverage under
Nationwide Permit 58. MCE shall coordinate with USACE for project
notification as required. Should USACE require additional data or coverage
under an Individual Permit, it shall be considered Additional Services.
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.
2.6 Construction Phase Services
The scope of Construction Phase Services will be added with a future amendment
to this agreement.
3.0 Additional Services
The following items are not included under this agreement but will be considered as
Additional Services:
• Redesign for the City's convenience or due to changed conditions after prior
approval or conflicting direction from the City.
• Submittals or deliverables in addition to those listed in Section 2.3.
• Environmental Assessment.
• Work related to environmentally or historically (culturally) significant items.
• Approved Jurisdictional Determination.
Additional Services 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 3 of 4
South School Water Line Upgrade
4.0 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
30
30
Preliminary Design
30
60
City Review of Preliminary Design
10
70
Final Design
60
130
Regulatory Compliance'
30
Concurrent
Easement Preparation/Acquisition2
100
Concurrent
City Review of Final Design
10
140
ADH Review
30
170
Bid Advertisement/Opening/Contractor Award
90
260
Construction3
120
380
' Start during Final Design; assumed Nationwide Permit 58 coverage; all permits
obtained prior to start of construction.
2 Start during Final Design; assumed City staff will negotiate with property owners and
obtain appraisals if required to acquire easements.
3 Assumed duration based on current knowledge of scope of work; to be updated at
completion of Final Design
Appendix A — Scope of Services Page 4 of 4
South School Water Line Upgrade
APPENDIX B
City of Fayetteville - S School Water Line Upgrade McCLELLAND
Personnel Hour Fee Estimate mCECONSULTING
9/7/2021
ENGINEERS, INC.
r If Task Description Sr. Project
Manager
Project
Manager
Project Designer
Reg. Land
Surveyor
Survey
Technician
Field Survey
Crew
Office Admin
Extended Cost
BASIC SERVICES
Task 2.1 Survey Services
2.1.1 Topographic Surveys
Establish vertical and horizontal control
2.00
4.00
$ 920
Coordinate with Arku s
2.00
4.00
$ 920
Complete mapping of surface features
16.00
$ 2,560
Complete mapping of potholed utilities
4.00
$ 640
Drafting
12.00
$ 1,140
Project Management / QA/QC
2.00
4.00
$ 860
Subtotal Task 2.1.1
0.00
2.00
0.00
8.00
12.00
28.00
0.00
$ 7,040
2.1.2 Boundary Resolution, Boundary Survey & Easement Preparation
Assemble survey plats, subdivision plats, deeds, etc.
4.00
$ 560
Tie orooertv, Dins / field crew time
16.00
$ 2,560
Drafting / data processing
4.00
$ 380
Boundary resolution
4.00
$ 560
Update easement maps from Fayettevile atlas sheets with
proposed new easements
4.00
20.00
$ 2,460
Drafting / data processing
4.00
24.00
$ 2,840
Exhibit A map preparation estimate of 10
10.00
1 24.00
1
$ 3,680
Prepare easement description estimate of 10
10.00
20.00
$ 3,300
Project Management / QA/QC
8.00
8.00
$ 2,320
Subtotal Task 2.1.21
0.00
1 8.00
1 0.00
44.00
1 92.00
1 16.00
1 0.00
$ 18,660
Subtotal Task 2.1 Survey Services
1 0.00
1 10.00
0.00
52.00
104.00
44.00
0.00
$ 25,700
Task 2.2 Preliminary Design
Conduct field evaluation
4.00
4.00
$ 1,080
Identify affected utilities
4.00
12.00
$ 2,040
Prepare preliminary Plan & Profile drawings
2.00
16.00
36.00
$ 7,160
Prepare list of techincal specifications & Required Permits
2.00
4.00
$ 780
Develop preliminary opinion of probable construction cost
2.00
8.00
$ 1,260
Project Management / QA/QC
2.00
4.00
$ 1,040
Subtotal Task 2.2 Preliminary Designi
4.00
32.00
64.00
0.00
0.00
0.00
1 0.00
1 $ 13,360
Task 2.3 Final Design
Coordinate easement reg uirements
6.00
$ 900
Prepare final drawing set
2.00
16.00
60.00
$ 10,040
Prepare Bid Project Manual
2.00
8.00
32.00
16.00
$ 6,760
Owner submittal/res onse to comments
2.00
4.00
$ 780
Prepare final opinion of probable construction cost
2.00
8.00
$ 1,260
ADH submittal/response to comments
8.00
16.00
$ 3,120
ARDOT coordination
2.00
4.00
$ 780
Utility coordination
4.00
8.00
$ 1560
Meetings with Owner
4.00
8.00
8.00
$ 3,040
Project Management / QA/QC
4.00
8.00
1
$ 2,080
Subtotal Task 2.3 Final Design
12.00
64.00
140.00
1 0.00
1 0.00
1 0.00
16.00
1 $ 30,320
Task 2.4 Regulatory Compliance
Construction Stormwater Discharge Permit
4.00
16.00
4.00
$ 2,840
Short Term Activity Authorization
2.00
4.00
1 $ 780
Clean Water Act Section 404 Permit
1 2.00
4.00
8.00
1 $ 2,000
Subtotal Task 2.4 Regulatory Compliancel
2.00
1 10.00
1 28.00
1 0.00
1 0.00
1 0.00
1 4.00
1 $ 5,620
Task 2.5 Bidding Phase
Respond to questions during bidding
4.00
8.00
$ 1,560
Prepare/issue addenda
1.00
4.00
8.00
$ 1,780
Pre -bid meeting
4.00
6.00
$ 1,320
Bid opening
2.00
2.00
$ 540
Bid tabulation and recommendation of award
1.00
2.00
2.00
$ 760
Subtotal Task 2.5 Bidding Phase
2.00
16.00
26.00
0.00
0.00
0.00
0.00
$ 5,960
Total Hours / Feel 20.00 1 132.00 1 258.00 1 52.00 1 104.00 1 44.00 1 20.00 $ 80,960
REIMBURSABLE EXPENSES
!Mileage $0.56/mile
$ 200
ADH Review Fee
$ 500
Title Search $150 per parcel, 20 parcels max
$ 3,000
Utility Locates ArkU s
$ 500
Total Estimated Reimbursable Expensesl
$ 4,200
TOTAL NOT TO EXCEED FEE $ 85,160
Page 1 of 1
Appendix C - Project Limits (Page 1 of 2)
7/29/2021, 8:36:53 AM
1:3,000
0 0.025 0.05 0.1 mi
Water Hydrant
Other/Unknown
0
Sewer Fitting
Iti 'I 'ITI i 4�
Water Pump Station
p
Sewer
Structure
■
Sewer Lift Station
0 0.04 0.08 0.16 km
Water Tank
A
Diversion
0
Sewer Valve
Junction
Sewer Force Main
The data contained herein was compiled from various sources for the sole use and benefit of
Water Main
the City of Fayetteville Geographic Information System and the public agencies it serves.
Standard
2" - 8"
Any use of the data by anyone other than he City of Fayetteville Is at the sole risk of the
1"-8" Diam.
user; and by acceptance ofthis data, the userdoes herebyagree to indemnify the City of
❑T
Tracer Box
10" - 1 8"
Fayetteville and hold the City of Fayetteville harmless from and without Habit tty for any
claims, actions, cost for damages of arry nature, including the city's cost of defense, asserted
— 9"-20" Diam.
by user or by another arising from the use of this data. The City of Fayetteville makes no
20"-36"
express or Implied warrantees with reference to the data. No word, phrase, or clause found
ere in shall be construedtowaivethattort immunity set forth under Arkansas law.
24"-42"Diam.
Treatment Plant
Appendix C - Project Limits (Page 2 of 2)
7/29/2021, 8:41:03 AM
1:4,200
0 0.035 0.07 0.14 mi
Water Hydrant
Other/Unknown
0
Sewer Fitting
Water Pump Station
p
Sewer
Structure
■
Sewer Lift Station
0 0.05 0.1 0.2 km
Water Tank
A
Diversion
0
Sewer Valve
Junction
Sewer Force Main
The data contained herein was compiled from various sources for the sole use and benefit of
Water Main
the City of Fayetteville Geographic Information System and the public agencies it serves.
Standard
2" - 8"
Any use of the data by anyone other than he City of Fayetteville Is at the sole risk of the
1"-8" Diam.
user; and by acceptance ofthis data, the userdoes berebyagree to indemnify the City of
❑T
Tracer Box
10" - 1 8"
Fayetteville and hold the City of Fayetteville harmless from and without Hai tty for any
claims, actions, cost for damages of arry nature, including the city's cost of defense, asserted
— 9"-20" Diam.
by user or by another arising from the use of this date. The City of Fayetteville makes no
20"-36"
express or Implied warrantees with reference to the data. No word, phrase, or clause found
in shall be construedtowaivethattort immunity set forth under Arkansas law.
been
24"-42"Diam.
Treatment Plant