HomeMy WebLinkAbout29-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 29-23
File Number: 2022-318
HORNER & SHIFRIN, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HORNER
& SHIFRIN, INC., PURSUANT TO RFQ 22-01 SELECTION #7, IN AN AMOUNT NOT TO EXCEED $84,668.91
FOR ENGINEERING SERVICES ASSOCIATED WITH THE DOT TIPTON LIFT STATION ELIMINATION
PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00
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 Horner & Shifrin, Inc., pursuant to RFQ 22-01 Selection #7, in an
amount not to exceed $84,668.91 for engineering services associated with the Dot Tipton Lift Station Elimination
Project, and further approves a project contingency in the amount of $10,000.00.
PASSED and APPROVED on February 7, 2023
Page 1
Attest:
:V• �•��C
Kara Paxton, CityCle Treasurer f A y- . ,n
t v ��': i
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 7, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Timothy Nyander, Utilities Director
DATE:
SUBJECT:
RECOMMENDATION:
CITY COUNCIL MEMO
2022-318
Staff recommends approval of an Engineering Services Agreement with Horner & Shifrin, Inc. for gravity
sanitary sewer design related to the Dot Tipton Lift Station Removal project in an amount not to exceed
$84,668.91, and to approve a project contingency of $10,000.00.
BACKGROUND:
The Dot Tipton sewer lift station was constructed by private developers in 2008 to service residential single-
family homes in the Legacy Pointe subdivision. Removal of this lift station was recommended in the 2021
Wastewater Collection System Master Plan Update by RJN Group, Inc. Removing this lift station will reduce
direct O&M expenses for the City as well as reduce the contributing flow to the Owl Creek lift station which is
situated downstream of Dot Tipton lift station. This will allow the Owl Creek lift station to have extended
capacity life.
DISCUSSION:
To take the lift station out of service, a gravity sewer main must be constructed approximately 4,200 linear feet
to reach an existing gravity sewer line near the intersection of Goose Creek Road and Double Springs where
flow would enter the larger Farmington lift station. Engineering design services are necessary for this project.
Horner and Shifrin, Inc. was formally selected at an Engineering Selection Committee meeting on March 17,
2022 (RFQ 22-01, Selection #7).
BUDGET/STAFF IMPACT:
Funds are available in the Sanitary Sewer Rehabilitation account.
ATTACHMENTS: SRF Horner & Shrifrin, Inc., H&S Dot Tipton Agreement
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 #: 2022-318
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH HORNER & SHIFRIN, INC., PURSUANT TO RFQ 22-01 SELECTION #7, IN AN AMOUNT
NOT TO EXCEED $84,668.91 FOR ENGINEERING SERVICES ASSOCIATED WITH THE DOT
TIPTON LIFT STATION ELIMINATION PROJECT, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $10,000.00
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 Horner & Shifrin, Inc., pursuant to RFQ 22-
01 Selection #7, in an amount not to exceed $84,668.91 for engineering services associated with the Dot
Tipton Lift Station Elimination Project, and further approves a project contingency in the amount of
$10,000.00.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2022-318
Item ID
2/7/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/4/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with Horner & Shifrin, Inc. for gravity sanitary
sewer design related to the Dot Tipton Lift Station Removal project in an amount not to exceed $84,668.91, and to
approve a project contingency of $10,000.00.
5400.720.5700-5314.00
Account Number
02017.1
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:
Budget Impact:
Water and Sewer
Fund
Sanitary Sewer Rehabilitation
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 6,242,236.00
$ 4,843,648.78
r-
1,398,587.22
$ 94, 668.91
1,303,918.31
Previous Ordinance or Resolution #
Approval Date:
V20221130
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
HORNER & SHIFRIN, INC.
THIS AGREEMENT is made as of f , 2023, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor a inafter called CITY OF FAYETTEVILLE) and
HORNER & SHIFRIN, INC. (hereinafter called E INEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION I - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
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.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is included as Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $84,668.91. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a unit price, not -to -exceed 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
Draft Standard Contract - Professional Engineering Services.doc 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
Draft Standard Contract - Professional Engineering Services.doc
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.
Draft Standard Contract - Professional Engineering Services.doc 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.
Draft Standard Contract - Professional Engineering Services.doc 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
Draft Standard Contract - Professional Engineering Services.doc 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:
Street
City, State Zip Code
Draft Standard Contract - Professional Engineering Services.doc 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 party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
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out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
Draft Standard Contract - Professional Engineering Services.doc 9
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 ct seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS HORNER & SHIF'RIN, INC.
DiValy signBd by chnst ra F. Wilson
' C� k+�tiwb9.01—rshimn.cem,
Christina F. Willson LUN' LN_c4jdlS!F,V/kpp O -Way
Bv_ Data: 2022.11.09 0910:06-0500'
.,P,E.
• R 7'j.� r�
ATTEST:=-Lt:L�OTY 0 9►f����,��
H t-- = Titi i`AAM. Vice -President Asst. F
City Clcrk TreGhufelI °
END OF AGREEMENT F� '��i��flMA,I NGINEERING SERVICES
f��.�aeaa �it�►���14�
Draft Standard Contract - Professional Engineering Son -ices 10
Horner & Shifrin
I Fayetteville Dot Tipton Lift Station Elimination Project
�J 4 January 2023
Page 1
Appendix A
Scope of Services
1. General
This project involves the elimination of the Dot Tipton Lift Station (LS-44) in southwest
Fayetteville. LS-44 will be decommissioned, and new gravity sewer main will be constructed
south of the lift station then follow the alignment of existing force main along Goose Creek.
Connection to an existing manhole (SSM-13950) will be made allowing for wastewater to flow
to Sewer Lift Station #12. Total new gravity sewer main is approximately 4,200 feet. Scope will
include surveying, environmental services, design, easement obtainment, and creation of final
drawings, specifications and bid documents. Bidding and construction management will be
addressed at a later date with an addendum to this agreement.
2. Project Management
The ENGINEER will provide a project management plan including scope, team, schedule,
communication plan, and deliverables. Monthly invoicing and project status updates will be
provided to the CITY OF FAYETTEVILLE. Prior to beginning work, a project kickoff meeting
between the ENGINEER and CITY OF FAYETTEVILLE will be conducted. ENGINEER will
attend review meetings with CITY OF FAYETTEVILLE for submittals provided. The
ENGINEER will provide meeting minutes to the CITY OF FAYETTEVILLE to document items
discussed at each meeting. ENGINEER will coordinate with subconsultants and review
invoices prior to submittal for payment.
3. Surveys and Geotechnical
ENGINEER will gain access with landowner coordination and complete a detailed 50' wide
topographic survey along the proposed route. Records research, field research, and boundary
resolution will be completed, and exhibit maps will be produced to include right-of-way,
easements, and temporary construction easements required.
As necessary, borings will be taken with rock soundings to a target depth of 20 feet or until
materials resulting in auger refusal are encountered, whichever is less. Groundwater depth will
also be noted. A written statement of findings will be provided with site description, detailed
evaluation of subsurface conditions, groundwater, and dept of in -situ rock materials.
Work will be performed by a subconsultant to Horner & Shifrin. Costs will be invoiced to the
CITY OF FAYETTEVILLE with a 10% markup.
4. Environmental Services
ENGINEER will assess the following requirements for the projects and secure permits,
documentation, and waivers as required:
SAINT LOUIS, MO • BENTONVILLE, AR • CHICAGO, IL • EDWARDSVILLE, IL • O'FALLON, IL • O'FALLON, MO • POPLAR BLUFF, MO • ST. CHARLES, MO
Horner & Shifrin
I Fayetteville Dot Tipton Lift Station Elimination Project
�J 4 January 2023
Page 2
Stormwater Pollution Prevention Plan and stream crossing authorization from the Arkansas
Department of Environmental Quality
5. Preliminary Design (60%)
Preliminary design drawings including cover sheet, general notes, plan and profile maps and
water profiles (1" = 20' full size scale) will be developed. Opinion of probable construction cost
estimates will also be prepared. Documents (electronic pdfs and one set of half-size drawings)
will be provided to the CITY OF FAYETTEVILLE for review and comment.
6. Final Design
Upon approval of the preliminary design by the CITY OF FAYETTEVILLE, the ENGINEER will
continue with the 90% design. This will include construction plans, technical specifications, bid -
ready documents, and an updated opinion of probable construction cost. A complete set will be
provided to the city for final review, and any comments will be incorporated into the final
design. The ENGINEER will provide one (1) hard copy of the final design with half -sized
drawings and electronic pdf copy. The ENGINEER will coordinate approval from the Arkansas
Department of Health (ADH) and provide the $200 review fee.
7. Easements and Property Acquisition
The ENGINEER will provide necessary easement documents to the CITY OF FAYETTEVILLE
for acquisition by the CITY OF FAYETTEVILLE.
8. Bidding Services
Not used — Bidding services may be provided with a future contract amendment. No work will
be completed without written authorization from the CITY OF FAYETTEVILLE.
9. Construction Administration
Not used — Construction administration may be provided with a future contract amendment. No
work will be completed without written authorization from the CITY OF FAYETTEVILLE.
10. Excluded Items
The following items are not included under this agreement and will be considered additional
work requiring a change order:
A. Redesign due to changing conditions that occur after approval of work provided.
B. Additional submittals or deliverables not listed in this Scope of Services.
C. Materials testing.
D. Additional environmental services beyond those listed in Section 4.
E. Legal and litigation services.
F. Any additional permits or approvals required beyond those listed in this Scope of
Services
Horner & Shifrin
Fayetteville Dot Tipton Lift Station Elimination Project
4 January 2023
Page 3
11. Schedule
ENGINEER will begin work included in this Scope of Services within ten (10) days of Notice to
Proceed from the CITY OF FAYETTEVILLE. Schedule shall proceed as outlined below:
Surveys and Geotechnical
Preliminary Design
90% Design
Final Design
12. Fee
60 days from start date
60 days from surveys and geotechnical
60 days from approval of Preliminary Design
20 days from 90% Design Review by City
Project fees related to this Scope of Services is presented below:
Project Startup
$ 2,145.49
Existing Conditions Survey, Geotechnical &
Easements (Subcontracted)
$34,496.00
Review of Subcontracted Work
5 4,245.66
Environmental
5 1,491.77
Preliminary Design
5 25,649.06
90`/6 Final Plans and Specifications
512,019.07
Final Plans and Bid Documents
5 3,565.86
Reimbursable Expenses
5 1,056.00
Total
594,668.91
Horner & Shifrin will complete work outlined in this Appendix A for the unit price, not -to -exceed
amount of $84,668.91. The CITY OF FAYETTEVILLE will pay ENGINEER on a monthly basis,
based upon invoices submitted by ENGINEER to the CITY OF FAYETTEVILLE for the scope
of services described in this agreement. Payments not received within 60 days of invoice date
will be subject to a one percent monthly interest charge.
Horner & Shifrin
I Fayetteville Dot Tipton Lift Station Elimination Project
�J 4 January 2023
Page 4
'
Fayetteville
Hot Tipton
Lilt Station Elimination
r
Planning and Design
Prepared 6y: RUM
_
Labor Classification
LABOR:
McCleish James
Mills an
Willson Christina J not Br
tt 51
Task Task
- -
5154
-
S'25
$95
Task No.
Task Description
M.H. Cost
-
EP07
-
-E�-1
TES05
PROJECT STARTUP
1
.Attend startup.meeting.with.City staff
..ff.............................................................................
6' i1,32fi.64
...
2
2
2
2
Obtain avail able in furmation
2 $=54
2
r— 3
Identi kn awn mamten an ce ssu es or ca c related issues.
2� f327.54
2
4
Prepa re Meetin 9 Minutes
1 $163.77
1
Subtotal
11 $2.145.49
2
7
2
0
0
SURVEY GEOTECHIW S EASEMEI Bc ONTRA
1
area.research
30.0&
2
.Complete .......................................................................................................................................
Complete field. work
..................._U.r
.................._2. ......_$327.54
2
r 3
Process field data in CAD
H
4
.....................................................................................................................................................................................................
PLS Review
H
................. ..............
5
....................................................................................................................................................................................................................................
Delineate temporary construction easements& permanent sewer
6
$1,W7.63
4
2
easements
6
Gen erateeasement exhibits...............................................................................................
....................3
......$1.,415.22.
6
2
7
Submit.easement.plans.tD..q.!t!'....................................................................................................................._�.
..........................................
.......... 163.77
i 1
8
Review comments with City staff.......................................................................................
.................................................... .........
...................._2
........ f3W7.54.
2
9
QAfQC and project man a ement
5
1
3
2
Subtotal
24
$4245.66
0
18
6
0
0
PRELIMINARY DESIGN
1
Complete site walk r 4
$&55.03
4
2
Sewer Layout. Plan. View....................................................................................................................................
s......................:34
3
Coordinate with local utilities
4 $566.56
2
4
Generate san@ar contributions-Current&Future
5r y694.22
1
S
..........................................`.............................................................................................................................
Evaluatesystem.hydraulics............................................................................................................................._9......_f1,5U6.�99
1
4
6
Generate, cover sheet and general notes
,2 f23.4.96
7
Gen orate sew er details
2 $233.96
S
.....................................................................................................................................................................................................................................
Generate plan. and profile sheets
104 ,113,513.60
4
6
9
Calculate uantities
9.
5 y694.22
1
10
Estimate opinion of probable cost
.........................
6 $M7.99
1
1
11
Submit Plans and opinion of cost to City
1 $163.77
1
12
Review comments with City staff
2r f327.54
2
13
Gen orate tech n ical specifications and bid docu ments
26 .f3,522.60
14
Submit P fans. to_ADH for comment
1 $163.77
1
15
OAfQC and project man a ement
r Sr S1549.12
6
Subtotal
139 525,649.06
261W15
0
0
ENVIRONMENTAL SERVICES
1
Stormwater Pollution Prevention Plan
10 $95G.o-o-
10
5
QAlOC and project management
r 3' $541.77
1
2
Subtotal
13r$1,49i�
0
1
0
2
10
SAINT LOUIS, MO • BENTONVILLE, AR • CHICAGO, IL • EDWARDSVILLE, IL • O'FALLON, IL • O'FALLON, MO • POPLAR BLUFF, MO • ST. CHARLES, MO
0 0
9
2
4
4
2
2
10 12
4
34 12
Horner & Shifrin
I Fayetteville Dot Tipton Lift Station Elimination Project
�J 4 January 2023
Page 5
Fayetteville
Dot Tipton
Lrft Station Elimination
Plannin and Desi n
Prepared By: RJM
Labor Classification
LABOR:
McCleish James
Mills an
Willson Christina
J not Br tt
Mills Michael
Yisintine Brian
Task Task
I- -
;155
-
$1%9
$95
$116
$127
Task Na.
Task Dewri AMFI
M.D. Cast
= ._
EP07
E_._
TES01
TES05
EP11
ET01
1................_U.pdate..project..plans
$7,034.34
4
4
40
6
...............
2
............................................................. ......................................................... ................_Sdr
Update technical specifications and hid do-cuments
12 31,`_22.3d
2
10
.............. 3................
U.pdate Dpin ion. Df probable.cost.................................................................................................................._3..........._S402.73
1
2
tD C!`.............................
1 5163.77
1
............._4..............._Submi[..plans
............._5..............._Re�iew.comments.with._C!tY.staff.............................................................................................................._2..........._5327.54
............................................................................................
2
6
Submit plans tD ADH for comment
1 $163.77
1
staff
$ it,t33.00
4
..............7 ..............._Conduct.meeting.wth.Ci[y
8
s............................................................................................
❑EJQC and ect mans ement
6x S1 221.58
2
Subtotal
87 512,019.67
2
19
4 _
0
0
Efi
fi
i 111011"Mme_
FINAL PLANS �YIONS AND BID I
4W
plans,.specifcations, and hid documents
19 r 52.568.05
- 2
16
.1
.Finalize
tD_C!tk...........................................................................................................................
2 $283.25
��J3
1
1
.............2 ................
3
❑AMC and prDject management
4 %774.56
1
Subtotal
25 $3,565.36
1
5
2
0
0
17
0
TOTAL ESTIMATE MANHOURS
349
7
76
25
z
10 207
18
TOTAL ESTIMATED LABOR COSTS
$49,116.91
DESIGN EXPENSES:
Total
Item
unit
Cast
Mileage:— miles
$60.00
Subconsu ttant: McClelland [Geotechnical Engineering and Surveying]
SAY
Reproduction 8 Photocopy:
— SAY
Field Equipment Rental Reimbursement:
— SAY
Misc. Reimbu rsa ble Expenses:
— SAY
ESTIMATED TOTAL REIMBURSIBLE EXPENSES:
MARK UP PERCENTAGE:
ESTIMATED TOTAL EXPENSES:
SS5,552A6
TOTAL ESTIMATED NOT -TO EXCEED COST:
$54ff,3.91
HORNER�v} SHIFRIN
Hourly Billing Rates by Classification
Effective: 05/29/2022
AP01 PROFESSIONAL 1
$
305
EP14 ENGR ENVIRONMENTAL ENGR
$ 101
AP02 PROFESSIONAL 2
$
174
ET01 PROF DESIGNER ENVIRONMENTAL ENGR
$ 131
AP03 PROFESSIONAL 3
$
154
ET02 DESIGNER ENVIRONMENTAL ENGR
$ 104
AT04 CLERICAL 3
$
95
ET03 DESIGNER ENVIRONMENTAL ENGR
$ 90
AT06 CLERICAL 6
$
79
ET04 CAD TECH ENVIRONMENTAL ENGR
$ 82
BP01 AVP BUILDING SERVICES
$
214
ET05 CAD TECH ENVIRONMENTAL ENGR
$ 76
BP02 SR PM BUILDING SERVICES
$
209
ET06 CAD TECH ENVIRONMENTAL ENGR
$ 74
BP03 SR PM BUILDING SERVICES
$
203
GP01 MANAGER
$ 189
BP04 SR PM BUILDING SERVICES
$
180
GP03 MANAGER
$ 153
BP05 SR PM BUILDING SERVICES
$
166
GP04 MANAGER
$ 142
BP07 PM BUILDING SERVICES
$
149
GT04 COORDINATOR
$ 95
BP08 PE BUILDING SERVICES
$
141
IP01 AVP - GIS/IT/SURVEY
$ 226
BP10 DESIGN ENGR BUILDING SERVICES
$
122
IP02 SR GIS/IT PROFESSIONAL
$ 147
BP11 DESIGN ENGR BUILDING SERVICES
$
116
IT01 GIS/IT ANALYST
$ 135
BP12 DESIGN ENGR BUILDING SERVICES
$
107
IT02 GIS/IT ANALYST
$ 113
BP13 ENGR BUILDING SERVICES
$
97
IT03 GIS/IT ANALYST
$ 109
BTM1 TECH MGR., BUILDING SERVICES
$
154
IT04 GIS ANALYST
$ 105
BT01 PROF DESIGNER BUILDING SERVICES
$
138
IT05 GIS ANALYST
$ 102
BT02 SR DESIGNER BUILDING SERVICES
$
113
SU01 PROFESSIONAL LAND SURVEYOR
$ 158
BT03 DESIGNER BUILDING SERVICES
$
100
SU02 PROFESSIONAL LAND SURVEYOR
$ 135
BT04 CAD TECH BUILDING SERVICES
$
89
SU03 SURVEY INSTRUMENT TECHNICIAN
$ 116
BT05 CAD TECH BUILDING SERVICES
$
82
SU04 SURVEY INSTRUMENT TECHNICIAN
$ 107
CSP01 VP CIV-SITE ENGR
$
252
SPOT VP STRUCTURAL ENGR
$ 265
CSP02 AVP CIV-SITE ENGR
$
242
SP02 AVP STRUCTURAL ENGR
$ 216
CSP03 ASST BUL CIV-SITE ENGR
$
221
SP03 SR PM STRUCTURAL ENGR
$ 203
CSP04 SR PM CIV-SITE ENGR
$
179
SP04 SR PM STRUCTURAL ENGR
$ 190
CSP05 SR PM CIV-SITE ENGR
$
168
SP05 SR PM STRUCTURAL ENGR
$ 179
CSP06 PM CIV-SITE ENGR
$
158
SP06 PM STRUCTURAL ENGR
$ 163
CSP07 PM CIV-SITE ENGR
$
146
SP07 PM STRUCTURAL ENGR
$ 149
CSP08 SR PE CIV-SITE ENGR
$
135
SP08 SR PE STRUCTURAL ENGR
$ 141
CSP09 PE CIV-SITE ENGR
$
131
SP09 PE STRUCTURAL ENGR
$ 131
CSP10 DESIGN ENGR CIV-SITE ENGR
$
119
SP10 PE STRUCTURAL ENGR
$ 122
CSP11 DESIGN ENGR CIV-SITE ENGR
$
113
SP11 DESIGN ENGR STRUCTURAL ENGR
$ 116
CSP12 SR PE CIV-SITE ENGR
$
108
SP12 DESIGN ENGR STRUCTURAL ENGR
$ 108
CSP13 ENGR CIV-SITE ENGR
$
103
SP13 ENGR STRUCTURAL ENGR
$ 101
CSP14 ENGR CIV-SITE ENGR
$
98
SP14 ENGR STRUCTURAL ENGR
$ 91
CSTM01 TECH MGR CIV-SITE ENGR
$
135
ST03 DESIGNER STRUCTURAL ENGR
$ 106
CST01 PROF DESIGNER CIV-SITE ENGR
$
132
ST06 CAD TECH STRUCTURAL ENG
$ 69
CST02 SR DESIGNER CIV-SITE ENGR
$
110
TP01 VP TRANS CIV ENGR
$ 252
CST03 DESIGNER CIV-SITE ENGR
$
95
TP02 AVP TRANS CIV ENGR
$ 221
CST04 CAD TECH CIV-SITE ENGR
$
74
TP03 ENGR MGR TRANS CIV ENGR
$ 205
CP01 DEPT MGR CONST SVCS
$
148
TP04 SR PM TRANS CIV ENGR
$ 179
CP02 PROJ ENGR CONST SVCS
$
142
TP05 SR PM TRANS CIV ENGR
$ 168
CP03 PROJ ENGR CONST SVCS
$
123
TP06 PM TRANS CIV ENGR
$ 158
CT01 CONST SVCS TECH 1
$
128
TP07 PM TRANS CIV ENGR
$ 147
CT02 CONST SVCS TECH 2
$
118
TP08 SR PE TRANS CIV ENGR
$ 152
CT03 CONST SVCS TECH 3
$
105
TP09 PE TRANS CIV ENGR
$ 137
CT04 CONST SVCS TECH 4
$
99
TP10 DESIGN ENGR TRANS CIV ENGR
$ 121
CT05 CONST SVCS TECH 5
$
87
TP11 DESIGN ENGR TRANS CIV ENGR
$ 116
CT06 CONST SVCS TECH 6
$
74
TP12 DESIGN ENGR TRANS CIV ENGR
$ 113
EP01 VP ENVIRONMENTAL ENGR
$
275
TP13 ENGR TRANS CIV ENGR
$ 110
EP02 AVP ENVIRONMENTAL ENGR
$
216
TP14 ENGR TRANS CIV ENGR
$ 105
EP03 ENGR MGR ENVIRONMENTAL ENGR
$
207
TES01 ENV SCIENTIST TRANS CIV ENGR
$ 189
EP04 SR PM ENVIRONMENTAL ENGR
$
196
TES02 ENV SCIENTIST TRANS CIV ENGR
$ 168
EP05 SR PM ENVIRONMENTAL ENGR
$
180
TES03 ENV SCIENTIST TRANS CIV ENGR
$ 142
EP06 PM ENVIRONMENTAL ENGR
$
175
TES04 ENV SCIENTIST TRANS CIV ENGR
$ 121
EP07 PM ENVIRONMENTAL ENGR
$
164
TES05 ENV SCIENTIST TRANS CIV ENGR
$ 95
EP08 SR PE ENVIRONMENTAL ENGR
$
143
TTM1 TECH MGR TRANS CIV ENGR
$ 126
EP09 PE ENVIRONMENTAL ENGR
$
130
TT01 PROF DESIGNER TRANS CIV ENGR
$ 116
EP10 PE ENVIRONMENTAL ENGR
$
125
TT02 SR DESIGNER TRANS CIV ENGR
$ 104
EP11 DESIGN ENGR ENVIRONMENTAL ENGR
$
119
TT03 DESIGNER TRANS CIV ENGR
$ 92
EP12 DESIGN ENGR ENVIRONMENTAL ENGR
$
110
TT04 CAD TECH TRANS CIV ENGR
$ 70
EP13 ENGINEER ENVIRONMENTAL ENGR
$
105
2022E
Horner&Shifrin, INC-Change Order No. 1
City of Fayetteville Staff Review Form
2024-0154
Item ID ARCHIVED
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Tim Nyander 3/7/2024 WATER SEWER (720)
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff recommends approval of Change Order No. 1 to the engineering services contract with Horner&Shifrin, Inc.
which will increase the contract amount by$2,800.00.
Budget Impact:
5400.720.5700-5314.00 Water and Sewer
Account Number Fund
02017.1 Sanitary Sewer Rehabilitation
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 4,745,946.00
Expenses (Actual+Encum) $ 1,010,851.30
Available Budget 5 3,735,094.70
Does item have a direct cost? Yes Item Cost $ 2,800.00
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget I 3,732,294.70
V20221130
Purchase Order Number: 2023-209 Previous Ordinance or Resolution# 29-23
Change Order Number: 1 Approval Date: 03/13/2024
Original Contract Number: 2023-12
Comments: RFQ 22-01,Selection#7
CITY OF
FAYETTEVILLE STAFF MEMO
tip ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Susan Norton, Chief of Staff
Tim Nyander. Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: March 7, 2024
SUBJECT: Approval of Change Order No. 1 to the engineering services contract with Horner
& Shifrin for additional survey work
RECOMMENDATION:
Staff recommends approval of Change Order 1 to the engineering services contract with Horner
and Shifrin. Inc. which will increase the contract amount by $2,800.00.
BACKGROUND:
In February 2023, the City Council approved a contract with Horner & Shifrin for engineering
design of gravity sewer improvements necessary to eliminate the Dot Tipton sewer lift station
(Resolution 29-23). The engineering contract included a $10.000.00 contingency approved with
the resolution.
DISCUSSION:
As the design progressed, land development interest increased in the vicinity of the planned
improvements. After discussions with the developer, the City is amenable to adjustments in the
sewer alignment to help accommodate the developer's plans. Change Order No. 1 will access
$2,800.00 of the engineering contingency funds to perform additional survey in this adjusted
corridor.
BUDGET/STAFF IMPACT:
Funds for this change order are available within the approved project contingency of
$10,000.00.
Attachments:
Change Order 1
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CHANGE ORDER NO. 1
Owner: City of Fayetteville Owner's Project No.: 2022-318
Engineer: Horner& Shifrin Engineer's Project No.: 2306200
Subconsultant: McClelland Contractor's Project No.: 23-3852
Project: Dot Tipton Lift Station Elimination
Date Issued: 2-7-2023 Effective Date of Change Order: 2-26-24
The Contract is modified as follows upon execution of this Change Order:
Description:
Alignment of gravity sewer main has changed due to a request from the property owner.Additional
funds are needed to complete survey work on the new alignment.
Attachments:
Change order request 23-3852-CO1 from McClelland Consulting Engineers
Change in Contract Price
Original Contract Price:
$ 84,668.91
Increase from previously approved Change Orders
$ 0
Contract Price prior to this Change Order:
$ 84,668.91
Increase this Change Order:
$ 2,800.00
Contract Price incorporating this Change Order:
$ 87,468.91
Recommended by Engineer Authorized by Owner 7 /7
By: Ryan Mills :...A Corey Granderson
Title: Project Manager Utilities Engineer, City of Fayetteville
Date: 2-26-24 2-27-2024
Accepted
By: Lioneld Jordan `-
Title: Ma or Cit of Fa etteville
Date: 03/13/2024
McCLELLAND 1580 E. Steams Street
Fayetteville,Arkansas 72703
CONSULTING (479)443.2377
DESIGNED TO SERVE
ENGINEERS, INC. mce.us.com
February 9, 2024
HORNERGSHIFRIN
3604 NW Frontage Road, Suite 6F
Bentonville, Arkansas 72712
ATTN: Mr. Ryan Mills, P.E.
Project Manager-Water
RE: Fayetteville Dot Tipton Lift Station Project
Request for Change Order#1 for Additional Survey Services
Fayetteville. Arkansas
MCE Reference Number: 23-3852-001
Dear Mr. Mills:
Please allow this document to serve as a formal request Change Order to our current Professional
Engineering Services Agreement for the Fayetteville Dot Tipton Lift Station Project(Services Agreement),
dated May 3rd, 2023. Specifically, this Change Order is relevant to additional surveying services on
properties between Dot Tipton Lift Station and West Sellers Road, Washington County, Arkansas. We
understand that these additional surveying services are being requested by Mr. Ryan Mills, P.E.with
Homer& Shifrin, Inc.
The proposed mapping route is shown on the attached EXHIBIT A pdf. The topographic mapping will
consist of a 50-foot wide centered on the east west red line route and 50 feet along to the east of the
north south red line route. The mapping will extend to the existing sanitary sewer line approximately 125
feet north of Wayne Sellers Road.
The original Services Agreement outlined the scope elements and a not-to-exceed without approval fee of
$25,340.00. These additional surveying services as briefly described in this Change Order Request, 23-
385-CO1, would incur an increase of$2,800.00 to the not-to-exceed without approval budget for the
surveying services task of the Services Agreement.Therefore, authorization of these additional services
would amend the Survey Services total budget to$28,140.00.
We greatly appreciate your consideration of this Change Order Request document for our services on the
project. Please contact us with any questions or concerns that you might have regarding the information
contained in this proposal.
Respectfully Submitted,
McClelland Consulting Engineers, Inc.
Cody L.Traywick, P.G. Paul Walla
Associate I Geotechnical Supervisor I Project Manager Survey Department Supervisor
Enclosure: EXHIBIT A
McClelland Consulting Engineers,Inc.—"Best Engineering Firm"Arkansas Business 2023
New Gravity Sewer Main—Fayetteville,Arkansas February 9,2024
MCE24-158—Geotechnical Investigation&Survey Proposal
McClelland Consulting Engineers, Inc., is authorized for the additional fees requested by this Change Order
Request document, consisting of two (2) pages with MCE Reference Number 23-3852-CO1.
Signature Title Date
McClelland Consulting Engineers,Inc.—'Best Engineering Firm"Arkansas Business 2023 Page 12
EXHIBIT A
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