HomeMy WebLinkAbout19-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 19-23
File Number: 2022-244
CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 22-01 SELECTION #13, IN AN AMOUNT NOT
TO EXCEED $321,238.00 FOR DESIGN SERVICES ASSOCIATED WITH THE CATO SPRINGS SEWER
EXTENSION AND LIFT STATION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $16,062.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 22-01 Selection
#13, in an amount not to exceed $321,238.00 (including $9,750.00 for reimbursable expenses) for engineering design
services associated with the Cato Springs Sewer Extension and Lift Station Project, and further approves a project
contingency in the amount of $16,062.00.
PASSED and APPROVED on January 17, 2023
Page 1
Attest:
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Kara Paxton, City dZpkYreasurer
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CITY OF
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ARKANSAS
MEETING OF JANUARY 17, 2023
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Timothy Nyander, Utilities Director
Corey Granderson, Utilities Engineer
DATE:
SUBJECT: CRAFTON, TULL & ASSOCIATES, INC.:
RECOMMENDATION:
CITY COUNCIL MEMO
2022-244
Staff recommends approval of an Engineering Services Agreement with Crafton, Tull & Associates, Inc. for
design of sanitary sewer lift station, gravity, and force main lines associated with the South Cato Springs
Holdings, LLC Economic Development Project in an amount not to exceed $311,488.00 plus $9,750.00 for
reimbursable expenses for a total contract amount of $321,238.00, and approval of a project contingency in the
amount of $16,062.00.
BACKGROUND:
Funding for a sewer project to extend sewer towards the Kessler Regional Park and future SLS Communities
development has been approved pending a final application submittal process to the U.S. Department of
Housing and Urban Development (HUD) via their Community Project Funding Grant program (presented at the
12/6/22 City Council meeting). The funding for this project is $3M and will be 100% independent of the
Water/Sewer budgets for the City, however, the Utilities Engineer will manage the sewer improvements similar
to any capital improvement project.
DISCUSSION:
The City's office of Economic Vitality presented the HUD application to the full City Council on December 6th.
This agreement provides for engineering services including survey, design, easement document preparation,
environmental review, and permitting. The project scope is approximately 3,400-LF of gravity sanitary sewer, a
500-GPM sewer lift station, 5,000-1-F of sewer force main, and 2,000-LF of gravity sanitary sewer upsizing. A
formal Engineering Selection Committee meeting was held on September 8th, 2022, and Crafton Tull was
selected as the engineer for this sewer design (RFQ 22-01, Selection #13). Staff recommends approval of the
engineering agreement in an amount not to exceed $311,488.00 plus $9,750.00 for reimbursable expenses,
and approval of a project contingency in the amount of $16,062.00.
BUDGET/STAFF IMPACT:
Funds are available in the Bond Program Grant Matching fund.
ATTACHMENTS: SRF CRAFTON TULL CATO SPRINGS SEWER PROJECT, CTA PROPOSAL - CATO
SPRINGS SEWER EXTENSION - REV 2.3
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2022-244
CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 22-01 SELECTION #13, IN
AN AMOUNT NOT TO EXCEED $321,238.00 FOR DESIGN SERVICES ASSOCIATED WITH
THE CATO SPRINGS SEWER EXTENSION AND LIFT STATION PROJECT, AND TO APPROVE
A PROJECT CONTINGENCY IN THE AMOUNT OF $16,062.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to
RFQ 22-01 Selection #13, in an amount not to exceed $321,238.00 (including $9,750.00 for
reimbursable expenses) for engineering design services associated with the Cato Springs Sewer
Extension and Lift Station Project, and further approves a project contingency in the amount of
$16,062.00.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2022-244
Item ID
1/17/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/29/2022 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with Crafton, Tull & Associates, Inc. for design of
sanitary sewer lift station, gravity, and force main lines associated with the South Cato Springs Holdings, LLC
Economic Development Project in an amount not to exceed $311,488.00 plus $9,750.00 for reimbursable expenses
for a total contract amount of $321,238.00, and approval of a project contingency in the amount of $16,062.00.
Budget Impact:
4601.860.7650-5860.02
Bond Program Grant Matching
Account Number Fund
46060.7650 Econ Dev (Bonds) - SLS Community, S. Cato Springs
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments: RFQ 22-01, Selection #13
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 6,480,000.00
6,480,000.00
$ 337,300.00
6,142,700.00
V20221130
Previous Ordinance or Resolution # 279-22
Approval Date:
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CRAFTON. TULL & ASSOCIATES. INC.,_
THIS AGREEMENT is made as a ?L023, by and between City of Fayetteville, Arkansas,
acting by and through its Mayor (hereinafter c led CITY OF FAYETTEVILLE) and Crafton, Tull &
Associates, Inc. with offices located in Arkansas (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of the ato SILnn s Sewer Extension &
Lift Station (The "Project"). Therefore, CITY OF FAYETTEVILLE and ENGINEER in
consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 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 design services in connection with the Project as hereinafter stated,
which shall include normal civil engineering and survey services.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendices Al & A2 attached hereto and made part of this Agreement.
2.1.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has
full responsibility for the engineering services.
Cato Springs Sewer Extension & Lift Station A — 1 022403
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILE shall, within a reasonable time, so as not to delay the services of
the ENGINEER:
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform his services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals,
and other documents presented by ENGINEER and render in writing decisions pertaining
thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. ENGINEER will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services are to be completed. The
anticipated schedule for this project is included as Exhibit C.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The CITY OF FAYETTEVILLE shall compensate the ENGINEER based on an hourly NTE
basis described in Exhibit B.
5.1.1 The maximum not -to -exceed amount authorized for all Architectural and Civil design for as
described in Exhibits Al, A2, & A3 of this Agreement is $311,488, not including
reimbursable expenses. Compensation for reimbursable expenses is estimated to be $9,750.
Payment for a specific phase shall not exceed the scheduled amount prior to completion of
that phase. Underruns in one phase may be used to offset overruns in another phase as long as
the contract amount is not exceeded.
Cato Springs Sewer Extension & Lift Station A — 2 022403
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the Design phase for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
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Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. ENGINEER agrees not to seek or accept any
compensation or reimbursements from the City of Fayetteville for engineering work it performs
to correct any errors, omissions or other deficiencies caused by ENGINEER `s failure to meet
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE retains all
other remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a design
professional. Since ENGINEER has no control over weather, cost and availability of labor,
material and equipment, labor productivity, construction Contractors' procedures and methods,
unavoidable delays, construction Contractors' methods of determining prices, economic
Cato Springs Sewer Extension & Lift Station A — 4 022403
conditions, competitive bidding or market conditions, and other factors affecting such cost
opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance,
schedules, and related items will not vary from cost opinions and projections prepared by
ENGINEER.
6.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a mutually
acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE
and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
Cato Springs Sewer Extension & Lift Station A — 5 022403
6.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another parry an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of
this clause.
6.6 Delays
In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE
or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to
additional compensation and time for reasonable costs incurred by ENGINEER in temporarily
closing down or delaying the Project.
6.7 Rights and Benefits
ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE
and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice;
Cato Springs Sewer Extension & Lift Station A — 6 022403
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
Recognizing the importance of professional development on the part of ENGINEER's employees
and the importance of ENGINEER's public relations, ENGINEER may prepare publications,
such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's
services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in
draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall
review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to
ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential
information from such publications, but otherwise CITY OF FAYETTEVILLE will not
unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such
publication shall be for ENGINEER's account.
6.11 Indemnification
CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify,
defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any
and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part
as a result of the negligence or other actionable fault of the Contractors, or their employees,
agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of
CADD drawings and cross sections, estimates, specification field notes, and data are and
remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced
copies of drawings and copies of other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
Cato Springs Sewer Extension & Lift Station A — 7 022403
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party
at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
300 North College, Suite 317
Fayetteville, Arkansas 72701
6.14 Successor and Assigns
CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Agreement and to the successors, executors,
administrators, and assigns of such other party, in respect to all covenants of this Agreement;
except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or
transfer his interest in the Agreement without the written consent of the other.
6.15 Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase
orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE
issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this
Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be
considered as a document for CITY OF FAYETTEVILLE's internal management of its
operations.
Cato Springs Sewer Extension & Lift Station A — 8 022403
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER:
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and
other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or
relating to this Agreement or the breach thereof will be decided in a court of competent
jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. The United States Environmental Protection Agency, the Comptroller
General of the United States, the United States Department of Labor, CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have access to all
such books, records, documents and other evidence for the purpose of inspection, audit and
copying during normal business hours. ENGINEER will provide proper facilities for such
access and inspection.
7.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
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7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
ENGINEER warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement of understanding for a commission, percentage,
brokerage or continent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by ENGINEER for the purpose of securing business. For breach or
violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this
Agreement without liability or at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent
fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a 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, the State or EPA in an attempt to secure an agreement or favorable
treatment in awarding, amending or making any determinations related to the performance of
this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate
this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that
the law or this Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
Cato Springs Sewer Extension & Lift Station A— 10 022403
7.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and
sub -consultants, prepared while performing City contractual work are subject to the Arkansas
Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the
CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents
in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA
may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FA�,'ETTEVILLE, ARKANSAS
,,II 1 _ �
BY/ / •�
Lioneld
ATTEST:
By:
ENGINEER
By:
erry Kelso_ PE. Exec. Vice President
City Clerk T !` to.5(Arf ('
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Cato Springs Sewer Extension & Lift Station A — 11 022403
a
C� Crafton Tull
architecture I engineering I surveying
Exhibit "A,"
Scope of Basic Services for:
Project:
Cato Springs Road Sanitary Sewer Improvements - Topographic/Design Survey
Client:
City of Fayetteville
Location of Project:
Cato Springs Road to Town Branch Trail
Discipline:
Surveying
Discipline Manager:
James Montgomery
Project Manager:
Luke Jost
Proposal Date:
10/21/2022
Billing Type-
Hourly with a Maximum/Reimbursable Expenses
Fee:
Topographic/Design Survey $62,740.00
Reimbursable Expenses $5,750.00
TOTAL $68,490.00
Description of the
Construction
Project:
Provide a route survey (2± mi and 27± parcels) to support the engineering design for the
sanitary sewer improvements project that includes control, design, and property
boundary surveys, along with necessary legal descriptions and exhibits for easement
acquisition. See Exhibit E for the anticipated route.
Services provided by the Surveyor:
Topographic/Design Survey:
• Coordinate with local utility 1-Call System to mark all underground utilities within the survey areas.
• Establish a minimum of four semi -permanent survey control monuments, referenced to state plane
coordinates.
• Provide a strip topographic survey with 1-foot contours and planimetric features mapped (e.g., driveways,
roads, fences, light poles, structures, and other improvements along the route).
• Utilities mapped will include applicable inverts measured (e.g., storm sewer and sanitary sewer). In addition,
the survey will include a detail inventory of the existing sanitary sewer manholes within the existing easement
that includes pictures, rim/invert elevations, pipe sizes/type, condition and other information deemed
necessary to assess the manhole(s) condition.
• Prepare an AutoCAD base drawing for the engineering design. This base drawing will include the existing
sanitary sewer easement (if applicable), the existing property boundary lines, and other easements in/around
the survey limits discovered by examination of a title search.
• Prepare legal descriptions with exhibits for easement documents as requested, where none exists.
Scope of Basic Services does NOT Include the Following:
• Preparation of a boundary survey plat, tract or lot split plats, tract or lot combination plats, or similar type plats
required by the governing agency for approval of this project, if any.
• Surveys and plats of the property for financing, sales, or other purposes such as an ALTA or as -built survey.
• Surveys of offsite utility, street, or drainage improvements not within the survey area.
• Surveys for environmental studies, including wetland delineation.
• Surveys for flood data or studies for Corps of Engineer, FEMA or other special government agency permitting.
• Surveys for location of geotechnical soil borings or pits.
• Surveying related to construction services or construction staking.
Client Shall Provide:
• Assist with access for our survey crew personnel to enter the property to conduct the surveys.
Should there be additions to this scope of services, those services shall be additional fees.
www.craftontull.com
Crafton Tull
® architecture I engineering I surveying
Exhibit "A2"
Civil Scope of Basic Services for:
Project:
Cato Springs Road Sewer Improvements
Client:
City of Fayetteville
Location of Project:
Cato Springs Road
Discipline:
Civil Engineering
Discipline Manager:
Luke Jost, P.E.
Project Manager:
Luke Jost, P.E.
Proposal Date:
December 2022
Billing Type:
Hourly with a Maximum/Reimbursable Expenses
Fee/Estimate:
Civil Design $187,900
Subconsultants $15,448
Reimbursable Expenses $3,000
TOTAL: $206,348
Description of the Construction
Project:
Design of a lift station, force main, and gravity sewer to extend from South
Custer Lane to connect to the existing sewer treatment facility at Mount
Kessler Regional Park. Existing sewer downstream of Custer Lane to the
existing Town Branch sewer interceptor are to be upsized. Anticipated
alignment is roughly shown in Exhibit E.
Project scope per City of Fayetteville Selection Notice:
The potential scope includes survey, engineering design, permitting, coordination with state and federal agencies,
and bidding services for approximately 3,400-LF of gravity sanitary sewer, a 500-GPM sewer lift station, 5,000-LF
of sewer force main, and 2,000-1-F of gravity sanitary sewer upsizing.
The services to be provided by the Engineer:
Preliminary Design Report:
• Verify contributing sewer basin
• Verify sewer flows
• Compare force main alignment options
30% Plans:
• Prepare preliminary plan & profiles
• Lift station site layout & conceptual design
• Preliminary cost estimate
60% Plans:
• Prepare revised plan & profiles
• Lift station site layout & conceptual design
• Revised cost estimate
• Standard details
• Lift station details
• Erosion Control Plans
90% Plans:
• Prepare revised plan & profiles
• Lift station site layout & conceptual design
• Revised cost estimate
• Sanitary Sewer revisions
• Landscape design for lift station screening
• Lift station details
• Draft Specifications
• Permitting with ADEQ and ADH
Biddina & Neaotiatina Phase:
• Finalize Bid documents and issue to bidders through City of Fayetteville
• Answer bidder's questions and issue addenda
• Assist City with bidding process
• Review bids and provide bid recommendation
END SCOPE OF SERVICES THIS CONTRACT This is the scope of services for the Project. Should there
be additions to this scope of services, those services shall be compensated for additional fee.
Items Provided by City:
• Site access
• Construction materials testing
• Acquisition of Right of Way and Easements
Additional Items that can be provided by CTA under amendment or separate contract:
• Construction Observation/Inspection
• Right -of -Way or Easement Acquisition Services
• Hydraulic Study of Streams
• FEMA Studies & Map Revision Applications (CLOMR/LOMR)
• Tree Survey/Tree Preservation
• Retaining Wall Design
• Site Lighting Design
www.craftontull.com 2
a
C� Crafton Tull
architecture I engineering I surveying
Exhibit "A3"
Environmental Scope of Basic Services for:
Project:
Cato Springs Road Sewer Improvements
Client:
City of Fayetteville
Location of Project:
Cato Springs Road
Discipline:
Environmental
Discipline Manager:
Karen McCurdy, P.E.
Project Manager:
Luke Jost, P.E.
Proposal Date:
December 2022
Billing Type:
Hourly with a Maximum/Reimbursable Expenses
Fee/Estimate:
Environmental Services $45,400
Reimbursable Expenses $1,000
TOTAL: $46,400
Description of the Construction
Project:
Design of a lift station, force main, and gravity sewer to extend from South
Custer Lane to connect to the existing sewer treatment facility at Mount
Kessler Regional Park. Existing sewer downstream of Custer Lane to the
existing Town Branch sewer interceptor are to be upsized.
Project scope per City of Fayetteville Selection Notice:
The potential scope includes survey, engineering design, permitting, coordination with state and federal agencies,
and bidding services for approximately 3,400-LF of gravity sanitary sewer, a 500-GPM sewer lift station, 5,000-1-F
of sewer force main, and 2,000-1-F of gravity sanitary sewer upsizing.
The services to be provided by the Engineer:
Environmental:
• Site visits, as needed
• Waters of the U.S. Delineation
• U.S. Army Corps of Engineers (USACE) Jurisdictional Determination Coordination
• USACE Section(s) 404 & 401 Permit Application Preparation, Submittal, and Coordination
• ADEQ Individual Water Quality Certification (Section 401 of the Clean Water Act) Coordination, as needed
• Preparation of documentation for HUD Environmental Review per HUD's NEPA implementing regulations
• Coordination of Environmental Review with HUD Regional Environmental Officer
• Coordination of public meeting and/or stakeholder engagement efforts with City of Fayetteville staff
• ADEQ Short Term Activity Authorization (STAA) Permit Application
• Coordination of purchase of mitigation credits, if required by USACE
• Phase I Cultural Resources Study, if required by SHPO or HUD (provided by subconsultant)
END SCOPE OF SERVICES THIS CONTRACT This is the scope of Environmental services for the Project.
Should there be additions to this scope of services, those services shall be compensated for additional
fee.
Items Provided by City:
• Site access
• Grant documentation/information as needed for HUD Environmental Review submittals
• Purchase of mitigation credits, if required
C�
Crafton Tull
® architecture I engineering I surveying
Exhibit "B"
Standard Hourly Rate Schedule
Effective January 1, 2022
Hourly
Category
Rate
CIVIL ENGINEERING 0
ENGINEERING PRINCIPAL ............................
$
210
SR. ENGINEERING MANAGER .......................
$
195
ENGINEERING MANAGER .............................
$
175
SR. PROJECT ENGINEER .............................
$
155
PROJECT ENGINEER ...................................
$
130
ENGINEER INTERN III ...................................
$
120
ENGINEER INTERN II ...................................
$
110
ENGINEER INTERN I ....................................
$
100
SR. ENGINEERING DESIGNER ......................
$
140
ENGINEERING DESIGNER III .........................
$
110
ENGINEERING DESIGNER II ..........................
$
90
ENGINEERING DESIGNER I ..........................
$
80
ENGINEERING CAD TECHNICIAN III ...............
$
75
ENGINEERING CAD TECHNICIAN II ................
$
65
ENGINEERING CAD TECHNICIAN I .................
$
50
. • [1
ENVIRONMENTAL MANAGER ........................
$
185
SR. ENVIRONMENTAL SCIENTIST .................
$
145
PROJECT ENVIRONMENTAL SCIENTIST .........
$
120
ENVIRONMENTAL SCIENTIST II .....................
$
100
ENVIRONMENTAL SCIENTIST I ......................
$
80
INSPECTION
SR. INSPECTOR ..........................................
$
110
INSPECTOR II ..............................................
$
95
INSPECTOR I ..............................................
$
65
SR. LANDSCAPE ARCHITECT ........................
$
145
PROJECT LANDSCAPE ARCHITECT ...............
$
110
LANDSCAPE ARCHITECT INTERN II ...............
$
85
LANDSCAPE ARCHITECT INTERN I ................
$
75
LANDSCAPE ARCHITECTURE DESIGNER .......
$
80
PLANNING MANAGER ..................................
$
170
SR. PLANNER ..............................................
$
155
PROJECT PLANNER .....................................
$
120
PLANNER II .................................................
$
100
PLANNER I ..................................................
$
85
Hourly
Category
Rate
PROFESSIONAL SURVEYOR PRINCIPAL ........
$ 190
SR. PROFESSIONAL SURVEYOR ...................
$ 150
PROFESSIONAL SURVEYOR .........................
$ 120
SURVEY PROJECT MANAGER ......................
$ 115
SURVEY COORDINATOR ..............................
$ 95
SURVEYOR INTERN .....................................
$ 85
SURVEY PARTY CHIEF II ..............................
$ 85
SURVEY PARTY CHIEF I ...............................
$ 75
SURVEY TECHNICIAN III ...............................
$ 65
SURVEY TECHNICIAN II ................................
$ 55
SURVEY TECHNICIAN I ................................
$ 45
GIS MANAGER ............................................
$ 110
GIS ANALYST ..............................................
$ 90
GIS TECHNICIAN II .......................................
$ 65
GIS TECHNICIAN I .......................................
$ 50
ADMINISTRATIVE PRINCIPAL ........................
$ 185
ADMINISTRATIVE MANAGER ........................
$ 145
ADMINISTRATIVE IV .....................................
$ 100
ADMINISTRATIVE III .....................................
$ 80
ADMINISTRATIVE II ......................................
$ 55
ADMINISTRATIVE I .......................................
$ 45
GPS Equipment..........................................$35/Hour
Robotic Survey Equipment...........................$20/Hour
LiDAR Scanning Equipment ........................$35/Hour
UAV....................................................$1000/Unit
Job Related Mileage....................................$0.58/Mile
Per Diem for Out of Town Crews..... Per GSA
Allowable
Airfare and other travel related expenses ..........
At Cost
Black and white 8.5"xl 1" Copies ..............
$0.15/sheet
Color 8.5"xl1" Copies ............................
$1.50/sheet
Photo Paper Color Plan Sheet Copies ......
$0.75/sq. ft.
Reproducible Plan Copies (Vellum) ...........
$1.50/sq. ft
Reproducible Plan Copies (Bond) .............
$0.35/sq. ft.
All rates are subject to change without notice.
Appendix "C"
Crafton Tull MANHOUR ESTIMATE
architecture 1 engineering I surveying
Cato Springs Sewer Extension
FAYETTEVILLE. ARKANSAS
Proposal
ADMN
ASST
SURV
TECH
SR.PRC
SURV
PROF
SURV
SIR PRO
SURV
PRINC
SURV
ENGR
DSNR
R. ENV
SCI
PROJ
ENGR
PROJ
MGR
PRINC
ENGR
Estimated
Cost
Item
No.
Description
$80
$65
$85
$120
$150
$190
$110
$145
$130
$175
$195
1.0
SURVEY
1.1
Office (setup & data processing)
80
8
20
3
$11,330
1.2
Control Survey
32
32
12
1
$6,430
1.3
Design Survey
120
140
16
1
$21,810
1.4
1 Parcel Survey
60
60
48
1
$16,390
1.5
1 Easement Preparation
40
20
2
6,780
Subtotal
$62,740
2.0
PRELIMINARY DESIGN
2.1
Verify contributing sewer basin
8
20
4
$4,260
2.2
Verify sewer flows
8
20
4
$4,260
2.3
Compare force main alignment options
40
8
2.4
Report Preparation
10
40
4
4TZ
2.5
Review with City
4
4
4
Subtotal
$24,100
3.0
30% DESIGN
3.1
Lift Station Design
20
40
4
$8,180
3.2
Sewer Sizing
12
4
$2,260
3.3
Force Main P&Ps
60
16
$9,400
3.4
Gravity Main P&Ps
80
20
$12,300
3.5
1 Standard Details
16
4
4
$3,060
3.6
Review Plans with City
4
4
4
$2,000
3.7
Engineer's Estimate
16
4
2
4
3,410
Subtotal
40,610
4.0
60% DESIGN
4.1
Revisions Per City Comment
60
16
8
4
$10,860
4.2
Lift Station Design
20
40
4
$8,180
4.3
Force Main P&Ps
32
8
$4,920
4.4
Gravity Main P&Ps
32
8
$4,920
4.5
1 QC/QA
4
$520
4.6
Engineers Estimate
12
8
2
2
$3,100
4.7
Review Plans with City
4
4
4
2,000
Subtotal
$34,500
5.0
90% DESIGN
5.1
Revisions Per City Comment
32
16
8
2
$7,390
5.2
Lift Station Design
40
24
4
$8,300
5.3
Force Main P&Ps
16
8
$3,160
5.4
Gravity Main P&Ps
20
12
$4,300
5.5
1 Landscape Design
1
24
1
1 4
1
$3,160
5.6
Erosion Control Plan
24
4
$3,340
5.7
QC/QA
4
1
$520
5.8
Engineer's Estimate
12
4
4
2
$2,930
5.9
Project permitting
40
24
24
4
$12,500
Subtotal
45,600
6.0
FINAL DESIGN
6.1
Revisions Per City Comment
24
8
8
2
$5,470
6.2
Final Plans
24
40
8
4
$10,020
6.3
Details
8
8
4
4
$3,400
6.4
Engineer's Estimate
12
4
8
2
$3,630
6.5
QC/QA
8
8
4
$3,220
6.6
Specifications
1 16
1
1
1
1
20
40
2
$11,270
Subtotal
$37,010
7.0
17.1
ENVIRONMENTAL
Environmental Study
1
1
1 40
1 180
1
180
4
45,400
Subtotal
45,400
8.0
18.1
BIDDING & NEGOTIATION
Bidding & Negotiation
4
16
8
8
8
$6,080
Subtotal
$6,080
9.0
SUB CONSULTANTS
9.1
Geotech (Terracon)
$9,188
9.2
Electrical CS
$3,360
9.3
Structural (360 Engineering)
2,900
Subtotal
15,448
Total
20
1 212
1 352
1 37
1 88
1 8
1 746
1 180
1 392
1 316
1 88
$311,488
a
C� Crafton Tull
architecture I engineering I surveying
Exhibit "D"
Anticipated Design Schedule
• Notice to Proceed: January 2023
• Preliminary Design Report: February 2023 — 4 weeks
o City Review: 2 weeks
o Initiate HUD Environmental Review
o Submit U.S. Army Corps of Engineers Jurisdictional Determination Request
• Field Survey: March/April 2023 — 4 weeks
• 30% Plans: April/May/June 2023 — 8 weeks
o City Review: 2 weeks
• 60% Plans: July/August 2023 — 6 weeks
o City Review: 2 weeks
o ROW Acquisition
• 90% Plans & Specifications: September/October/November 2023 — 8 weeks
o City & ADH Review: 2 weeks
o Submit U.S. Army Corps of Engineers Permit Applications
• Final Plans: November/December 2023 — 6 weeks
Permitting: January/February 2024 — 6 weeks
• Bid Project: February/March 2024
• Estimated Construction Duration: 8 months
Note: anticipated schedule does not include federal reviews.
11
11
I41. 7�1 7,7 II�4
7..
L IM1 I*,fflfte- I
III
IF I=z 17 IIZ 4f
�h ... ...... IIIi7 F Iilk IIIPROPOSED GRAVITY SEWER I7,
IIie . IL IIII�.4 k II0-10 -4 II�?. 71 IIII-A IPROPOSED LIFT STATION IIlRS� pjE 49 r rtx< XU, I& 40. 1* L
IPROPOSED GRAVITY SEWER 4,' Irip - 4111ho < 0 4�. lap- > 142 49 741
LIPSIZE EXISTING SANITARY SEWER < r4 L II< I0 iA L1J IUJ U I7 < -4 m: I% . e,�: ;;.' r -_ a . . " . . - . 1 - . :M, _, . _ L ��;, L UJ a,. PWW U) < tiL UJ co 0 > I-01 ft A - . I , - .4 - � . , '0. 7 7�_ 0 4'�.A > < LU IIF F" F < AM L 16h IIuo < 'NMI I.12 Iii6 0 X� XA A % I A Ck Ro , Z) i z < O
300 N College Ave., Suite 317
Fayetteville, Arkansas 72701
Crafton Tull
%V architecture I engineering I surveying
479.636.4838 t
www.croftontull.com
CERTIFICATE OF AUTHORIZATION: ........ "O CRAFTON, TULL & "ASSOCIATES, INC log 10� No. 109 'PtA 'VSAS GRAPHIC SCALL IN FEET
3 O' 300'
SOUTH CATO SPRINGS
FAYETTEVILLE, AIR
Kev Plan
No. DescrIption Date
This document, and the ideas and designs incorporated
herein, as an instrument of professional service, is the
property of Crofton, Tull & Associates, Inc., and is not to be
used, in whole or in port, for any other project, without the
written authorization of Crofton, Tull & Associates, Inc.
PROJECT Nc: 20300800
ISSUE DATE:
CONTACT: T. HENNELLY
CHECKED BY:
Oc 2021 Craffon, Tull & Associates, Inc.
11111111111111111h�
HIBIT E
HUD's Request Release of Funds
City of Fayetteville Staff Review Form
2024-0177
Item ID ARCHIVED
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Devin Howland 3/14/2024 ECONOMIC DEVELOPMENT(050)
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff is recommending approval of authorizing Mayor Jordan to sign the attached Request Release of Funds (RROF)
form as part of the requirements to comply with the SLS Infrastructure Community Project Fund Award from HUD.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution# 279-22
Change Order Number: Approval Date: 03/25/2024
Original Contract Number:
Comments:
%AtCITY OF
FAYETTEVILLE STAFF MEMO
Pr ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Susan Norton, Chief of Staff
Devin Howland, Director, Economic Vitality
FROM: Chung Tan, Deputy Director of Industry& Employment
DATE: March 13, 2024
SUBJECT: Mayor's Signature is needed on HUD's Request for Release of Funds form
(RROF)
RECOMMENDATION:
Staff is recommending approval of authorizing Mayor Jordan to sign the attached Request
Release of Funds (RROF) form as part of the requirements to comply with the SLS
Infrastructure Community Project Fund Award from HUD.
BACKGROUND:
On December 6, 2022, City Council approved Resolution # 279-22 to accept the federal
Community Project Fund award for SLS Community and South Cato Springs and the agreement
became effective February 24, 2023.
The City awarded a professional engineering services agreement, which includes an
Environmental Assessment(EA) work, to Crafton Tull &Associates with the passage of
Resolution# 19-23. Crafton Tull completed the study and the Mayor as the approving officer
signed the Determinations and Compliance Findings letter on January 25, 2024.
The City has complied with the necessary public notifications requirements from HUD: Notice of
Finding of No Significant Impact (FONSI) and Notice of Intent to Request Release of Funds
(RROF) in the NWA Democrat Gazette and nwaonline.com on February 11, 2024. The City
also issued a press release and uploaded the notices in the city's website on February 12, 2024
inviting the public to comment on them.
DISCUSSION:
The City received 4 public comments. City staff and Crafton Tull worked with HUD's
Environmental Officer and determined that city has sufficiently addressed the requirements of
Part 58. The next step is for the Mayor to sign the Request Release of Funds (RROF)form.
Signature section is found on page 2 of the form.
BUDGET/STAFF IMPACT:
No budget or staff impact on this item.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
Attachments:
HUD's Request Release of Funds (RROF) form
Project location map
HUD's e-mail showing the city having met the requirements of Part 58
2
Request for Release of Funds U.S.Department of Housing OMB No.2506-0087
and Urban Development (exp.08/31/2023)
and Certification Office of Community Planning
and Development
This form is to be used by Responsible Entities and Recipients(as defined in 24 CFR 58.2)when requesting the release of funds, and
requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental
review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated
to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor,and
a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number.
Part 1.Program Description and Request for Release of Funds(to be completed by Responsible Entity)
1.Program Title(s) 2.HUD/State Identification Number 3.Recipient Identification Number
City of Fayetteville, Arkansas B-22-CP-AR-0016 (optional)
71-6018462
4.OMB Catalog Number(s) 5.Name and address of responsible entity
14.251
6.For information about this request,contact(name&phone number) City of Fayetteville,
113 W Mountain St,
Chung Tan, 479-575-8276 Fayetteville,AR 72701
8.HUD or State Agency and office unit to receive request 7.Name and address of recipient(if different than responsible entity)
CPD Office of Economic Development Same as above
1US Dept Of Housing and Urban Dev
451 7th Street S.W.
Washington, DC 20410
The recipient(s)of assistance under the program(s)listed above requests the release of funds and removal of environmental
grant conditions governing the use of the assistance for the following
9.Program Activity(ies)/Project Name(s) 10.Location(Street address,city,county,State)
'Fayetteville Support Lifelong Success(SLS)Community Infrastructure
;Cato Springs Sanitary Sewer Connection Fayetteville, Washington County, Arkansas
11.Program Activity/Project Description
Please see attached.
Previous editions are obsolete form HUD-7015.15(1/99)
Part 2.Environmental Certification(to be completed by responsible entity)
With reference to the above Program Activity(ies)/Project(s),I,the undersigned officer of the responsible entity, certify that:
1. The responsible entity has fully carried out its responsibilities for environmental review,decision-making and action pertaining
to the project(s)named above.
2. The responsible entity has assumed responsibility for and complied with and will continue to comply with,the National
Environmental Policy Act of 1969,as amended,and the environmental procedures,permit requirements and statutory obligations
of the laws cited in 24 CFR 58.5;and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local
laws.
3. The responsible entity has assumed responsibility for and complied with and will continue to comply with Section 106 of the National
Historic Preservation Act,and its implementing regulations 36 CFR 800,including consultation with the State Historic Preservation
Officer,Indian tribes and Native Hawaiian organizations,and the public.
4. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed
project described in Part I of this request,I have found that the proposal did❑did not 21 require the preparation and
dissemination of an environmental impact statement.
5. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public
in accordance with 24 CFR 58.70 and as evidenced by the attached copy(copies)or evidence of posting and mailing procedure.
6. The dates for all statutory and regulatory time periods for review,comment or other action are in compliance with procedures and
requirements of 24 CFR Part 58.
7. In accordance with 24 CFR 58.71(b),the responsible entity will advise the recipient(if different from the responsible entity)of
any special environmental conditions that must be adhered to in carrying out the project.
As the duly designated certifying official of the responsible entity,I also certify that:
8. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969
and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws
apply to the HUD responsibilities for environmental review,decision-making and action that have been assumed by the responsible
entity.
9. I am authorized to and do accept,on behalf of the recipient personally,the jurisdiction of the Federal courts for the enforcement
of all these responsibilities,in my capacity as certifying officer of the responsible entity.
Signature of Certifying Officer of the Responsible Entity Title of Certifying Officer
/
Mayor of City of Fayetteville
, Date si ned
X ..,f/i/../i,„
03/25/2024
Address of Certifying Officer
1113 W Mountain , Fayetteville, AR 72701
Part 3.To be completed when the Recipient is not the Responsible Entity
The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special
conditions,procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in
the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b).
Signature of Authorized Officer of the Recipient Tittle of Authorized Officer
Date signed
X I
Warning:HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties.(18 U.S.C.1001,1010,1012;31 U.S.C.
3729,3802)
Previous editions are obsolete form HUD-7015.15(1/99)
a