HomeMy WebLinkAbout152-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 152-22
File Number: 2022-0550
RFQ #22-01 FREESE AND NICHOLS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH FREESE AND NICHOLS, INC., PURSUANT TO RFQ 422-01
SELECTION 46, IN AN AMOUNT NOT TO EXCEED S131,900.00 FOR SERVICES
ASSOCIATED WITH THE REHABILITATION OF THE GULLEY ELEVATED WATER
STORAGE TANK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a professional engineering services agreement with Freese and Nichols, Inc., pursuant to RFQ
#22-01 Selection 46, in the amount not to exceed $131,900.00 for design, bidding and inspection
services associated with the rehabilitation of the Gulley Elevated Water Storage Tank.
PASSED and APPROVED on 7/5/2022
Attest:
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Kara Paxton, Ci Clerk Treasurer f r
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Page 1 Printed on 716122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0550
Agenda Date: 7/5/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.7
RFQ #22-01 FREESE AND NICHOLS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH FREESE AND NICHOLS, INC., PURSUANT TO RFQ #22-01 SELECTION #6, IN AN
AMOUNT NOT TO EXCEED $131,900.00 FOR SERVICES ASSOCIATED WITH THE
REHABILITATION OF THE GULLEY ELEVATED WATER STORAGE TANK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
professional engineering services agreement with Freese and Nichols, Inc., pursuant to RFQ #22-01 Selection
#6, in the amount not to exceed $131,900.00 for design, bidding and inspection services associated with the
rehabilitation of the Gulley Elevated Water Storage Tank.
City of Fayetteville, Arkansas Page 1 Printed on 71612022
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2022-0550
Legistar File ID
7/5/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/15/2022 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an engineering services agreement with Freese and Nichols, Inc. for professional
services associated with the rehabilitation of the Gulley Elevated Water Storage Tank in an amount not to exceed
$131,900.00.
Account Number
14010.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Water and Sewer
Fund
Water Tank Improvements
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 2,201,528.00
$ 1,001,196.78
$ 1,200,331.22
$ 131,900.00
$ 1,068,431.22
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments: RFQ 22-01, Selection #6
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 5, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: June 15, 2022
CITY COUNCIL MEMO
SUBJECT: Engineering Services Agreement with Freese and Nichols, Inc. for
Rehabilitation of the Gulley Elevated Water Storage Tank
RECOMMENDATION:
Staff recommends approval of an engineering services agreement with Freese and Nichols, Inc.
for professional services associated with the rehabilitation of the Gulley Elevated Water Storage
Tank in an amount not to exceed $131,900.00.
BACKGROUND
The original Gulley elevated water storage tank was constructed in 1999 and is a steel tank with
750,000-gallons of storage capacity. Per the 2018 water tank inspections performed by Garver,
Inc. this tank is in need of re -coatings work both internally and externally. A formal selection
committee was held on March 17, 2022 at which Freese & Nichols was selected for contract
negotiations (RFQ 22-01, Selection #6) related to these services.
DISCUSSION:
This engineering contract will provide plans, specifications, bidding services, and inspection
services during construction. In addition to re -coatings, the design will also include installation of
safety climbing cables, active tank mixing, and reconfiguration of some SCADA equipment. The
backup generator and overflow pipe were upgraded as part of the recently completed contract
for the construction of a sister tank at this location.
BUDGET/STAFF IMPACT:
The proposed contract is hourly in the maximum not -to -exceed amount of $131,900.00.
Budgeted funds are available in the Water Tank Improvements Account.
Attachments:
Engineering Services Agreement
Scope/Fee Matrix
Vicinity Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Gulley Road Water Tank
Vicinity Map I NTS
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
FREESE AND NICHOLS, INC.
THIS AGREEMENT is made as of ::�5 2022, by and between City of
Fayetteville, Arkansas, acting by and throe its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and FREESE AND NICHOLS, 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.
Revised Standard Contract - Professional Engineering Services 1
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 as Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $131,900.00. The CITY
OF FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
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
Revised Standard Contract - Professional Engineering Services 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
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
Revised Standard Contract - Professional Engineering Services
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.
Revised Standard Contract - Professional Engineering Services 4
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Revised Standard Contract - Professional Engineering Services 5
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
Revised Standard Contract - Professional Engineering Services 6
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
ENGINEER's address:
5001 W Founders Way, Suite 100
Rogers, Arkansas 72758
Revised Standard Contract - Professional Engineering Services 7
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 parry 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
Revised Standard Contract - Professional Engineering Services 8
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
Revised Standard Contract - Professional Engineering Services 9
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER'S agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
FREESE AND NICHOLS. INC., by its authorized officer have made and executed this Agreement as of
the day and year first above written.
CITY OF F YETTEVILLE
By:
ar, Voneld J a
ATTEST:
By:
City Clerk T/'.orsWy_r,
NSAS FREESE AND NICHOLS. INC.
t9K r� i'ih Trici i Ha ey, PE
• F :m..
AYETTEVILL le: Executive Vice President
•
ci' •. 'p N cpN�,r t!Z'
�J_'r+_•••••r�17 _tom
END OF AGREEMENT
Revised Standard Contract - Professional Engineering Services 10
ENGINEERING SERVICES
June 3, 2022
APPENDIX A
GULLEY ROAD ELEVATED STORAGE TANK REHABILITATION
SCOPE OF SERVICES — FREESE AND NICHOLS, INC.
The ENGINEER shall perform the following Scope of Services in accordance with the terms and conditions
of the Agreement.
Design Components:
The Gulley Road Elevated Storage Tank (EST) Rehabilitation Project consists of the rehabilitation and
recoating of the existing 0.75-million-gallon (MG) hydropillar style EST, along with electrical and
instrumentation improvements at the site. The ENGINEER will assist CITY OF FAYETTEVILLE by
providing design, bid and construction phase services for the project.
Project Location:
Gulley Road Elevated Storage Tank
3265 N Gulley Rd.
Fayetteville, Arkansas 72703
Design Components:
The basis of the improvements are as indicated in the Gulley Road, Township Road, and Mt. Kessler South
and North Tanks Water Tank Inspections Preliminary Report, prepared by Garver on October 25, 2016, and
per discussions with staff during a site visit on April 15, 2022, and as indicated below.
• Rehabilitation of the 0.75 MG EST, including:
o Recoating interior and exterior (water storage tank bowl) and exterior (pedestal); no coating
work is anticipated within the pedestal
o Replacing existing vent screen
o Installation of cable -style safety climb device on interior ladders
o Replacement of roof hatches per OSHA standards; standard details will be provided to the
contractor
o Corrosion repairs will be handled through extra work items in the bid form, and will not be
detailed out in the plans
o Installation of an active mixing system (Medora Corporation - GridBee)
o CITY OF FAYETTEVILLE will handle coordination for the removal and replacement of
cellular antennas on the tank as required to facilitate rehabilitation
• Electrical and Instrumentation
o Replacement of instrumentation rack at the EST, including installation of control panel, pressure
transmitter, GridBee control cabinet, etc. on the rack
o The electrical SOW includes the design for a circuit breaker for the mixing system to be added
to an existing panelboard, connection of the pressure transmitter and associated signals from the
mixing system to the SCADA system. No other improvements are included in this proposal.
Upgrading or improvements to the electrical service or panelboard are not included and these
are considered additional services. Additionally, FNI is assuming that the existing RTU cabinet
has sufficient spare analog and digital input and outputs for connecting the pressure transmitter
and signals from the mixing system to the SCADA system. Upgrading or improvements to the
Page 1 of 9
June 3, 2022
SCADA RTU cabinet for the addition of analog and digital input and outputs is considered
additional services.
• Exclusions from Preliminary Engineering Report Comments
o No environmental evaluations are anticipated related to heavy metals or hazardous material
disposal
Contract Services (Phases):
60% Design Phase Services
100% Design and Bid Phase Services
Construction Phase Services
BASIC SERVICES: After written authorization and notice to proceed from CITY OF FAYETTEVILLE,
the ENGINEER shall proceed with the Basic Services as described below:
A. PROJECT MANAGEMENT, INITIATION, SCHEDULING, and QUALITY MANAGEMENT
ENGINEER shall coordinate internally and with CITY OF FAYETTEVILLE for successful initiation,
planning, execution, monitoring/controlling, and closeout. ENGINEER shall manage integration,
scope, schedule, cost, quality, staff resources, communications, risk, and procurements, as necessary.
This includes:
1. Consult with CITY OF FAYETTEVILLE to verify specific design requirements for the Project and
collect and review available data.
2. Direction and coordination of ENGINEER's project team and staff for completion of required tasks
and deliverables.
Direction and coordination of sub -consultants, including monitoring, scheduling, reporting,
invoicing, quality reviews, for completion of required tasks and deliverables.
4. Provide monthly progress reports and invoices to CITY OF FAYETTEVILLE.
5. Track all action items and decisions made by CITY OF FAYETTEVILLE and the ENGINEER and
include with monthly invoice package.
6. Develop a baseline project design schedule and update schedule as necessary as changes occur and
submit to CITY OF FAYETTEVILLE Engineer.
7. Perform internal quality management including control and assurance prior to submitting work
products and design deliverables to CITY OF FAYETTEVILLE. Maintain these documents as part
of the project records.
8. Deliverables:
a. Monthly progress reports, invoices, and action items list
b. Baseline schedule and schedule updates as necessary
B. 60% DESIGN PHASE: After CITY OF FAYETTEVILLE has issued written authorization to proceed
with the 60% DESIGN PHASE, the ENGINEER shall provide professional services in this phase as
follows:
1. MEETINGS: Prepare meeting agenda, sign -in sheet and minutes for all meetings and workshops
listed below:
a. Monthly project status meetings with CITY OF FAYETTEVILLE, via phone call during the
60% design phase.
Page 2 of 9
June 3, 2022
b. One (1) workshop to review CITY OF FAYETTEVILLE's comments on the 60% Design
deliverables. Prepare for and conduct a 60% Design Phase review workshop to elicit feedback
from the various CITY OF FAYETTEVILLE departments and make the necessary decisions
to proceed with the design.
2. Conduct site visits as needed to review field conditions, validate survey information, and meet with
landowners and/or local representatives as required to ensure feasibility and constructability of the
project.
3. Prepare 60% design plans and specifications.
4. Prepare 60% Engineer's OPCC. Cost estimate shall be a Class 1 Estimate as described in AACE
Recommended Practice No. 17R-97 and 56R-08.
5. DELIVERABLES: Provide copies of plans and other data to CITY OF FAYETTEVILLE as
required. Furnish hard copies and electronic copies in searchable PDF format as shown for the
following deliverables for the 60% DESIGN PHASE:
a. Meeting Agenda and Minutes for all meetings— one (1) electronic copy
b. 60% Design Plans — one (1) electronic copy and one (1) set of standard 22"x34" "full-size"
bound plans.
c. 60% Specifications — one (1) electronic copy
d. 60% OPCC — one (1) electronic copy
e. Comment Response Log — one (1) electronic copy
C. 100% DESIGN PHASE: After CITY OF FAYETTEVILLE has accepted and approved the information
provided in 60% DESIGN PHASE and has issued written authorization to proceed with the 100%
DESIGN AND BID PHASE, the ENGINEER shall provide professional services in this phase as
follows:
1. FINAL 100% DESIGN: Prepare final 100% signed and sealed Contract Documents (plans and
specifications) for project advertisement. Latest front-end documents (if changed) will be provided
by CITY OF FAYETTEVILLE.
2. Prepare 100% Engineer's OPCC. The final cost estimate shall be a Class 1 Estimate as described
in AACE Recommended Practice No. 17R-97 and 56R-08. ENGINEER shall work with CITY OF
FAYETTEVILLE and intemal cost estimator to verify and address comments related to estimate, as
applicable.
Coordinate with CITY OF FAYETTEVILLE Utilities Department and Contract Administration
staff in preparation of project advertisement. ENGINEER shall obtain the latest version of the front-
end documents prior to compiling the draft set of Contract Documents. ENGINEER shall
thoroughly review the draft set of Contract Documents prior to submission to CITY OF
FAYETTEVILLE. The project will be procured via traditional design -bid -build methods.
4. ENGINEER will submit the project to the Arkansas Department of Health for the plan review
process, including the $500.00 cost associated with the review.
5. BID PHASE:
a. Contract Document Production and Distribution method will be via the online portal on the
CITY OF FAYETTEVILLE's website. ENGINEER will produce and upload 100% complete
Contract Document sets to IonWave for bidding purposes.
b. Assist the CITY OF FAYETTEVILLE in conducting a pre -bid conference for the construction
projects and coordinate responses with CITY OF FAYETTEVILLE. Response to the pre -bid
Page 3 of 9
June 3, 2022
conference will be in the form of addenda issued after the conference. Attend the tour of the
project site after the pre -bid conference.
c. Assist CITY OF FAYETTEVILLE by responding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if necessary.
d. ENGINEER will assist CITY OF FAYETTEVILLE in the opening, tabulating, and analyzing
the bids received. Review the qualification information provided by the apparent low bidder
to determine if, based on the information available, they appear to be qualified to construct the
project. Recommend award of contracts or other actions as appropriate to be taken by CITY
OF FAYETTEVILLE. Pre -qualification of all prospective bidders and issuing a list of eligible
bidders prior to the bid opening is an additional service.
e. Assist CITY OF FAYETTEVILLE in the preparation of Construction Contract Documents for
construction contracts. Provide ten (10) sets of Construction Contract Documents which
include information from the apparent low bidders bid documents, legal documents, and
addenda bound in the documents for execution by the Client and construction contractor.
Distribute five (5) copies of these documents to the contractor with a notice of award that
includes directions for the execution of these documents by the construction contractor.
Provide Client with the remaining five (5) copies of these documents for use during
construction. Additional sets of documents can be provided as an Additional Service.
f. Furnish contractor copies of the drawings and specifications for construction pursuant to the
General Conditions of the Construction Contract.
6. DELIVERABLES: Provide copies of plans and other data to CITY OF FAYETTEVILLE as
required. Furnish hard copies and electronic copies in searchable PDF format as shown for the
following deliverables for the FINAL DESIGN and BID PHASE:
a. Meeting Agenda and Minutes for all meetings — one (1) electronic copy
b. Final 100% Design Plans — one (1) electronic copy and one (1) set of standard 22"x34" "full-
size" bound plans; hard -copy sets as required by Arkansas Department of Health
c. Final 100% Specifications — one (1) electronic copy
d. Final 100% OPCC — one (1) electronic copy
e. Addenda to Contract Documents — one (1) electronic copy
D. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, ENGINEER
will proceed with the performance of CONSTRUCTION PHASE services as described below:
In performing these services, it is understood that ENGINEER does not guarantee the
CONTRACTOR's performance, nor is ENGINEER responsible for the supervision of the
CONTRACTOR's operation and employees. ENGINEER shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by the CONTRACTOR, or any
safety precautions and programs relating in any way to the condition of the premises, the work of the
CONTRACTOR or any SUBCONTRACTOR. ENGINEER shall not be responsible for the acts or
omissions of any person (except its own employees or agents) at the Project site or otherwise
performing any of the work of the Project.
The ENGINEER will provide general construction representation services and coordinate all work with
CITY OF FAYETTEVILLE. Construction Phase Services that extend beyond seven (7) months (210
calendar days) will be an additional service. The ENGINEER shall provide professional services in
this phase as follows:
Page 4 of 9
June 3, 2022
MEETINGS AND SITE VISITS
below:
a. Meetings
Prepare meeting agenda and minutes for all meetings listed
1) Assist CITY OF FAYETTEVILLE in conducting pre -construction conference with the
Contractor, and review construction schedules prepared by the Contractor pursuant to the
requirements of the construction contract
2) Six (6) monthly progress meetings at the construction site. Prepare agendas with all
applicable logs (Request for Proposal [RFP], Request for Information [RFI], Change Order
[CO], etc.), progress schedule, discuss construction issues, coordination with Owner,
updated construction schedule and meeting summaries for construction progress meetings.
b. Site Visits
In addition to the monthly progress meetings, the ENGINEER will conduct up to six (6) site
visits to the construction site to evaluate the sequencing, coordination, field verification and
coordination of construction layouts, coordination with governing authorities public or
stakeholders, conflict resolution, change order negotiations, etc. as needed.
ENGINEER will document site visits by documenting observations and submitting a brief
report of each site visit to CITY OF FAYETTEVILLE. Site visit reports shall be uploaded to
CPMS.
ENGINEER shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions and programs
relating in any way to the condition of the premises, the work of the Contractor or any
Subcontractor. ENGINEER shall not be responsible for the acts or omissions of any person
(except its own employees or agents) at the Project site or otherwise performing any of the
work.
2. CONFORMED CONSTRUCTION CONTRACT DOCUMENTS: Incorporate design and contract
changes made via addenda into project contract documents and prepare for execution by the CITY
OF FAYETTEVILLE and the CONTRACTOR.
REVIEW CONTRACTOR PAYMENT REQUESTS: Review Contractor's monthly payment
applications including construction estimates, project schedule, and redlines. Make
recommendations for payment. The payment applications will include quantities, invoices,
materials on hand, an updated project schedule, and redlines for the work completed to date. Review
changes or alterations to the design, provide recommendations and support preparation of change
orders associated with these changes.
4. REVIEW CONTRACTOR SUBMITTALS: Review all CONTRACTOR submittals in a timely
manner for compliance with the design concepts to provide recommendations and approvals to
CITY OF FAYETTEVILLE. Submittal reviews assume one (1) initial review, and one (1) re -
submittal review for each submittal. Excessive Contractor re -submittals will be an Additional
Service:
a. Review shop drawings
b. Review equipment and material record data
c. Review operation and maintenance (O&M) manuals for the project construction
d. Review Contractor Requests for Information (RFI)
e. Review laboratory, shop, and mill test reports on materials and equipment
Page 5 of 9
June 3, 2022
5. PREPARE CHANGE ORDER DOCUMENTS AND REQUEST FOR PROPOSALS (RFP's):
Documents requested by CITY OF FAYETTEVILLE outside of the approved project design or for
differing site conditions outside of the ENGINEER'S control will be an Additional Service:
a. Prepare change orders and/or RFP's for alterations to the design. Respond to CITY OF
FAYETTEVILLE on issues with change orders designated as errors and omissions. Prepare
the Final Change Order (over and unders) recapitulation of the Project in conjunction with the
final payment application request.
b. Support development of requests for proposals (RFPs) and support change order negotiation
process including preparation of independent cost estimates (ICES) using RS Means.
6. SUBSTANTIAL COMPLETION: Attend one full day site visit to perform substantial completion
inspection. Activities will include:
a. Perform substantial completion inspection for the EST. Substantial Completion Report and
Punchlist to be prepared after inspection.
b. Perform substantial completion inspection for the yard piping and site improvements.
Substantial Completion Report and Punchlist to be prepared after inspection.
7. FINAL INSPECTION: Make a site visit to perform final inspection and develop a final punchlist
for the CONTRACTOR. Final Inspection Report and Letter of General Conformance to be
prepared after inspection.
8. Upon completion of construction, issue the Final Notification letter to approval agencies indicating
that the work was completed in accordance to the plans and the specifications.
9. RECORD DRAWINGS: Prepare the Record Drawings based on the revised redline Construction
Drawings and information furnished by the construction CONTRACTOR reflecting changes in the
Project made during construction. Submit Record Drawings to CITY OF FAYETTEVILLE
digitally in PDF format.
10. DELIVERABLES: Provide the following deliverables for the CONSTRUCTION PHASE. Furnish
hard copies and electronic copies in searchable PDF format as shown for the following deliverables.
a. Conformed Construction Plans —one (1) electronic copy and five (5) sets of standard 11"x17"
"half-size" bound plans and five (5) sets of standard 22"04" "full-size" bound plans
b. Conformed Specifications — one (1) electronic copy and ten (10) hard copies
c. Substantial Completion Report and Punchlist — one (1) electronic copy.
d. Final Inspection Report and Letter of General Conformance — one (1) electronic copy.
e. Record Drawings — one (1) electronic copy in PDF format.
SUPPLEMENTAL SERVICES: Additional Services to be performed by the ENGINEER, if authorized
by CITY OF FAYETTEVILLE through the issuance of a work order, which are not included in the above
described BASIC SERVICES, are described as follows:
A. SPECIAL INSPECTIONS
1. CRITICAL PHASE COATING INSPECTION SERVICES: ENGINEER will provide Critical
Phase Surface Preparation and Coating Inspection Services during the interior and exterior coating
processes for the tank, which is anticipated to take up to six (6) months, with up to twenty (20) site
visits included in the scope of work.
Page 6 of 9
June 3, 2022
a. Services include:
1) Inspection of painting activities.
2) Photographic documentation of painting activities.
3) Equipment and material checks.
4) Inspection of surface preparation.
5) Inspection of each coat of paint applied.
6) Final inspection and documentation of surface preparation and painting.
7) Holiday detection of interior water bearing surfaces.
8) Digital inspection reports to be provided. (Hard copies available upon request)
9) Additional visits required to monitor the work shall be considered an additional service.
b. ENGINEER will provide additional contract administration services in conjunction with the
resident inspection services as follows:
1) Review Inspector construction reports.
2) Coordinate submittal review and communicate periodically as needed with Coating
Inspector regarding construction progress.
Page 7 of 9
June 3, 2022
PROJECT SCHEDULE:
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COMPENSATION:
Total compensation for the services shall not exceed $131,900.00, as further described below:
Basic Services (Lump Sum)
A. Project Management & Quality Control $ 19,150.00
B. 60% Design Phase $ 19,700.00
C. 100% Design and Bid Phase $ 20,750.00
D. Construction Phase (General Rep.) $ 36,000.00
Phase Total $ 95,600.00
Special Services (Cost -Plus)
A. Critical Coating Inspection Services $ 36,300.00
Phase Total $ 36,300.00
If ENGINEER's services are delayed or suspended by CITY OF FAYETTEVILLE, or if ENGINEER's
services are extended for more than 60 days through no fault of ENGINEER, ENGINEER shall be
entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred
by ENGINEER in connection with such delay or suspension and reactivation and the fact that the time for
performance under this Agreement has been revised.
Page 9 of 9
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MID -SOUTH
TANK CONSULTANTS
Mr. Matt Cartwright
Freese and Nichols
801 Cherry St.
Fort Worth, Texas 76102
Dear Mr. Cartwright,
Critical Phase Inspection of a 750,000 - Gallon Fluted Column Tank: Gullev EST Favetteville, AR
This proposal is in response to your request for critical phase inspection during field painting activities of the
subject tank. Our inspection service and costs are as follows:
INSPECTION OF PAINTING ACTIVITIES IN PROGRESS (20 Inspection Days) ........... $33,000.00
1. Inspection of painting activities.
2. Photographic documentation of painting activities.
3. Equipment and material checks.
4. Inspection of surface preparation.
5. Inspection of each coat of paint applied.
6. Final inspection and documentation of surface preparation and painting.
7. Holiday detection of interior water bearing surfaces.
8. Digital inspection reports to be provided. (Hard copies available upon request)
If additional inspections are required, they will be $1,650.00/day and shall be authorized by you as an
amendment to this agreement.
Submitted by: Derek Oakley Accepted by:
Signature: Signature:
Date: May 26, 2022 Date:
Ak
Inspection, specification and contract management for new and existing tanks.