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HomeMy WebLinkAbout285-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 285-23 File Number: 2023-1436 GARVER, LLC (SERVICE AGREEMENT): A RESOLUTION TO AUTHORIZE A CONTRACT WITH GARVER, LLC, PURSUANT TO RFQ 23-01, FOR THE DESIGN OF A TRAIL BRIDGE ACROSS HAMESTRING CREEK IN THE AMOUNT OF $122,200.00, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, an extension of the Hamestring Creek Trail is planned to connect the existing section of trail near Shiloh Drive; and WHEREAS, a new mixed -use development has been approved on the open land at the southeast side of the intersection of Mount Comfort Road and Rupple Road; and WHEREAS, the completion of the Hamestring Creek Trail from Rupple Road to the Shiloh Trail will create a trail and neighborhood bikeway connection from the Rupple Road Trail to the Meadow Valley and Midtown Trails and on to the Razorback Greenway and will serve as a comfortable alternative to using Mount Comfort. NOW, THEREFORE, 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 contract with Garver, LLC, in the amount of $122,200.00, pursuant to RFQ 23-01, for the design of a trail bridge across Hamestring Creek, and further approves a project contingency in the amount of $10,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on December 19, 2023 Approve Attest: `'N .... ioneld Jordan, M Kara Paxton, City Oerk TreasureU AYET7EV!LL Page 1 �����bi�rin►�b�,,1 Resolution: 285-23 File Number: 2023-1436 Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 19, 2023 CITY COUNCIL MEMO 2023-1436 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: SUBJECT: Approval of a contract with Garver, LLC for design of a trail bridge across Hamestring Creek RECOMMENDATION: Staff recommends approval of a contract in the amount of $122,200.00 with Garver, LLC per RFQ 23-01, selection #8 to provide professional services for the design of a trail bridge across Hamestring Creek just east of Rupple Road and approval of $10,000.00 in contengency and a budget adjustment. BACKGROUND: An extension of the Hamestring Creek Trail is planned to connect the existing section of trail near Shiloh Drive west to the Rupple Road Trail. A new mixed -use development has been approved on the open land at the southeast side of the intersection of Mount Comfort and Rupple Road. This development project will be dedicating the land for the trail corridor along the north side of Hamestring Creek and a cost share will be considered for the trail construction. The trail must cross over Hamestring creek just east of Rupple Road where trail exists under Rupple Road and continues along the south side of Hamestring Creek and up to the west side of Rupple Road where it meets the Rupple Road Trail. The Rupple Road Trail now extends 3.7 miles from MLK Jr. Blvd. to the Clabber Creek Trail. The completion of the Hamestring Creek Trail from Rupple Road to the Shiloh Trail will create a trail and neighborhood bikeway connection from the Rupple Road Trail to the Meadow Valley and Midtown Trails and on to the Razorback Greenway and will serve as a comfortable alternative to using Mount Comfort. DISCUSSION: On September 11th, Garver, LLC was selected by committee based on RFQ 23-01, selection #8. Staff worked with Garver to prepare a detailed scope of work and contract for this project. They have provided a proposed scope and fee in the amount of $122,200.00 for the design of this project. Design services will focus on the design of a 12-foot-wide trail bridge over Hamestring Creek, just east of Rupple Road bridge. The design consultant will provide topographic and boundary surveys, geotechnical, hydraulic study including no -rise certification for the bridge over Hamestring Creek, corps of engineers permitting, trail and bridge design, bid ready construction plans and specifications, bidding services, and easement document preparation. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The design for this project will be paid for with funds from the 2022 allocation of the 2019 voter approved Trails Bond Funds. This is the second bridge project over Hamestring Creek and for simplicity, the same account and subproject numbers will be used for this bridge as was used for the first Bridge that is now fully complete. ATTACHMENTS: SRF (#3), BA (#4), Hamestring Creek Trail Map (#5), Hamestring Creek Trail Crossing - Garver Agreement 2023-11-28 (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1436 Approval of a contract with Garver, LLC for design of a trail bridge across Hamestring Creek A RESOLUTION TO AUTHORIZE A CONTRACT WITH GARVER, LLC, PURSUANT TO RFQ 23-01, FOR THE DESIGN OF A TRAIL BRIDGE ACROSS HAMESTRING CREEK IN THE AMOUNT OF $122,200.00, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, an extension of the Hamestring Creek Trail is planned to connect the existing section of trail near Shiloh Drive; and WHEREAS, a new mixed -use development has been approved on the open land at the southeast side of the intersection of Mount Comfort Road and Rupple Road; and WHEREAS, the completion of the Hamestring Creek Trail from Rupple Road to the Shiloh Trail will create a trail and neighborhood bikeway connection from the Rupple Road Trail to the Meadow Valley and Midtown Trails and on to the Razorback Greenway and will serve as a comfortable alternative to using Mount Comfort. NOW, THEREFORE, 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 contract with Garver, LLC, in the amount of $122,200.00, pursuant to RFQ 23-01, for the design of a trail bridge across Hamestring Creek, and further approves a project contingency in the amount of $10,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2023-1436 Item ID 12/19/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/29/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract in the amount of $122,200.00 with Garver, LLC per RFQ 23-01, selection #8 to provide professional services for the design of a trail bridge across Hamestring Creek just east of Rupple Road and approval of $10,000.00 in contingency and a budget adjustment. Account Number 46030.7301 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Budget Impact: Trails Projects 2019/2022 Bonds Fund Hamestring Trail Bridge Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget $ 1,062,705.00 $ 1,062,705.00 $ 122,200.00 940,505.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2023 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a contract in the amount of $122,200.00 with Garver, LLC per RFQ 23-01, selection #8 to provide professional services for the design of a trail bridge across Hamestring Creek just east of Rupple Road and approval of $10,000.00 in contingency and a budget adjustment. COUNCIL DATE: ITEM ID#: 12/19/2023 2023-1436 Nolly Black 1712912023 10:08 AM Budget Division TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20231113 Account Name 4703.860.7301-5860.02 122,200 - 46030 7301 EX Capital Prof Svcs - Engineering/Architects 4703.860.7301-5911.99 4703.860.7999-5899.00 10,000 - (132,200) - 46030 46030 7301 EX 7999 EX Contingency -Capital Project Unallocated - Budget \\city\dfs\Divs\Engineering\Trails\Projects\Hamestring Creek Trail\Bridge east of Rupple Road\Garver Contract\Garver Contract to City Council\2023-1436 BA Hamestring Bridge - Garver 1 of 1 "~ ,. ^"~ .-.^ | .° , . ._~~. 7.&W, `""` "^, 1 "^^ � id Polce Dept ^^'''' ~~^^" AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER, LLC THIS AGREEMENT is made as of December 19 , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and GARVER, LLC (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. 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: Garver Contract — Professional Engineering Services 1 10/2/2023 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 his 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 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 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. 3.1.7 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 shall be based upon on an Hourly basis as described in Appendix B. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER'S normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment Garver Contract — Professional Engineering Services 2 10/2/2023 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 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 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. Garver Contract — Professional Engineering Services S 10/2/2023 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. 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: Garver Contract — Professional Engineering Services 4 10/2/2023 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. Garver Contract — Professional Engineering Services 5 10/2/2023 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 parry 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 Garver Contract — Professional Engineering Services 6 10/2/2023 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 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, 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, drawings, and specifications 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: 125 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 2049 E. Joyce Blvd, Suite 400 Fayetteville, Arkansas 72703 Garver Contract — Professional Engineering Services 7 10/2/2023 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 out of or relating to this Agreement or the breach thereof will be Garver Contract — Professional Engineering Services 8 10/2/2023 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 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Garver Contract — Professional Engineering Services 9 10/2/2023 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. ENGINEER By: �aL Vice President, Ronald S. Petrie ect Nranager, Zach Moore END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Garver Contract— Professional Engineering Services 10 10/2/2023 CARR VE EXHIBIT A (SCOPE OF SERVICES) 1. GENERAL Generally, the scope of services includes surveying, design, drainage studies, environmental services, bidding services, and construction support services for the Hamestring Creek Pedestrian Crossing. Improvements will consist primarily of the installation of a pre -cast three - sided pedestrian culvert located to the east of the Rupple Road bridge. 2. SURVEYS 2.1. Design Surveys Garver will provide field survey data for designing the Project, and this survey will be tied to the Owner's control network. Garver will conduct field surveys, utilizing radial topography methods, along the Project site as appropriate for modeling the existing ground, including locations of pertinent features or improvements. Garver will locate drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present along the Project site. Garver will establish control points for use during construction. Survey will include channel cross sections for drainage study. Cross section points shall be from bank to bank, including thalweg/low elevation at location and a couple of points outside of channel banks to tie into lidar. 2.2. Property Surveys Garver will locate existing monumentation representing right of way and/or easements based on record data which will be provided by an abstractor under a subconsultant agreement with Garver. 3. GEOTECHNICAL SERVICES Garver will subcontract with TERRACON CONSULTANTS, INC. for obtaining geotechnical data necessary for the design of this Project. Geotechnical tasks include: A. Provide two (2) borings 20 feet in depth or 10 feet into competent rock if auger refusal is encountered prior to the planned termination depth. B. Prepare field boring logs and Final boring logs representing the Geotechnical Engineer's interpretation of subsurface conditions. C. Perform Laboratory Testing that typically includes water content, Atterberg limits, unconfined compressive strength, and soil classification. D. Provide a geotechnical report that includes recommendations for earthwork (site preparation, fill materials, compaction requirements) and design/construction considerations for deep foundations. Exhibit A - Scope of Services 1 of 4 Hamestring Creek Pedestrian Bridge GARVER 4. COORDINATION Garver will attend up to two (2) coordination meetings with the Owner and other agencies as required during project design. Garver will prepare exhibits for these meetings when appropriate. 5. ENVIRONMENTAL SERVICES Garver will coordinate with the US Army Corps of Engineers (USACE) for the issuance of a Section 404 Nationwide permit (NWPP) for potential stream impacts. Garver will compile a Section 404 NWP package that will include the Preliminary Jurisdictional Determination (PJD) form and supporting materials. Individual permitting and any required cultural, habitat, or threatened and endangered species surveys is considered extra work. Garver will prepare an initial consultation letter for coordination with the State Historic Preservation Office (SHPO). Consultation with Tribes, additional SHPO coordination beyond what is identified in this scope of work, and any Cultural Resources Surveys are considered extra work. One Short -Term Activity Authorization (STAA) will be coordinated with DEQ. The Owner shall pay for all permitting fees. 6. SCHEMATIC STUDY A schematic study is excluded from the scope of services. 7. DRAINAGE STUDY Garver will perform a drainage study of Hamestring Creek to determine potential effects of the proposed three -sided culvert structure to the FEMA floodplain. County wide maps for Washington County are currently being updated by FEMA and will be newly effective January 2024. However, the Pending FIS states that the stream model was last updated in 1999. Therefore, the model received for the previous Rupple Road project conducted by Garver is considered to still be the most up-to-date model. This model will be used as the basis for the pedestrian bridge project. No additional model requests will be performed. The following tasks will be performed as part of the drainage study: • Data collection, including GIS data and local site visit; • Duplicate Effective Model run (rerun Duplicate Effective from Rupple Road project in newer version of HEC-RAS); • Corrected Effective model to reflect existing conditions (rerun Corrected Effective from Rupple Road project in newer version of HEC-RAS with as -built Rupple Road project included); • Proposed Conditions model, with up to two proposed iterations; • F000dway model runs for Corrected Effective and Proposed Conditions — only Effective floodway stationing will be modeled; updated proposed encroachments will not be determined; • Potential scour calculations for proposed structure; • Internal QA/QC of models and calculations; • Hydraulic report and no -rise certification. The goal of the proposed design is to have no rise to the 1 % Annual Exceedance Probability (AEP) event along Hamestring Creek. Therefore, no coordination with FEMA in the form of a map revision (CLOMR/LOMR) is anticipated. If a no rise design cannot be determined, coordination with FEMA, including the assembly and submittal of a map revision package, is not included in this scope of services, and will be considered extra work. Exhibit A - Scope of Services 2 of 4 Hamestring Creek Pedestrian Bridge CARR VE 8. FINAL DESIGN Garver will proceed to Final design upon verification of the no -rise condition. During the Final design phase of the Project, Garver will conduct Final design to prepare construction plans and specifications, for one construction contract, for a precast three -sided culvert including: • Construction drawings including a plan and profile sheet of the trail and pedestrian crossing, culvert layout sheet, structural details, structural foundation details, retaining wall details, erosion control sheet, and typical details • Project quantities and opinion of probable construction cost. • Special provisions. • Front end and technical specifications Garver will proceed to revised final design upon review of the 90% Final design. Garver will also make any needed plan changes as a result of the Final plan review and prepare the construction documents as required to advertise for bids. 9. PROPERTY ACQUISITION DOCUMENTS Garver will provide mapping as required for preparing Right of Way/Easement acquisition documents for the Owner's use in acquiring the property. Documentation will include an individual tract map with description of temporary and permanent acquisition for each property. The Owner will provide a standard easement acquisition document or "go-by" example for use by Garver. The fee for providing property acquisition documentation is based on permanent right of way and temporary construction easements for no more than one (1) property. Property acquisition document preparation will begin after receiving the Owner's comments from the Final Design review. 10. BIDDING SERVICES During the bidding phase of the Project, Garver will: A. Prepare Advertisement for Bids. Owner will pay advertising costs outside of this contract. B. Support the contract documents by preparing addenda as appropriate. C. Participate in a pre -bid meeting if necessary. D. Attend the bid opening. E. Prepare bid tabulation. F. Evaluate bids and recommend award. 11. CONSTRUCTION PHASE SERVICES Construction Phase Services are excluded from the scope of services. 12. PROJECT DELIVERABLES The following will be submitted to the Owner, or others as indicated, by Garver: A. One digital copy of the Hydraulics Report and associated HEC-RAS Models. B. One digital copy of the Geotechnical Report. C. One digital copy of the Final Design with opinion of probable construction cost. D. One digital copy of the Revised Final Design with opinion of probable construction cost. E. One digital copy of the project specifications. Exhibit A - Scope of Services 3 of 4 Hamestring Creek Pedestrian Bridge CARR VE F. Electronic files as requested. 13. EXTRA WORK The following items are not included under this agreement but will be considered as extra work: A. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. B. Submittals or deliverables in addition to those listed herein. C. Design of any utilities relocation including water and sewer. D. Retaining walls or other significant structural design beyond that required for the bridge foundations. E. Lighting or other electrical design. F. Construction materials testing. G. Record Drawings H. SWPPP preparation as it is anticipated disturbed area will be less than one acre. I. Any Cultural Resource Surveys. J. Individual 404 USACE Permit. K. Environmental Handling and Documentation, including mitigation plans or other work related to environmentally or historically (culturally) significant items. L. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. M. Scour Calculations. N. Resident Construction observation. Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner and Garver. 14. SCHEDULE Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Surveys — Design and Property Drainage Study Geotechnical Investigation Final Design Property Acquistion Documents Calendar Days 30 days from NTP 60 days from selection of Bridge Alternative 30 days from Drainage Study Completion 90 days from Drainage Study Completion 30 days from approval of Final Design Exhibit A - Scope of Services 4 of 4 Hamestring Creek Pedestrian Bridge Exhibit B City of Fayetteville Hamestring Creek Pedestrian Bridge Garver Hourly Rate Schedule: July 2023 - June 2024 Classification Rates Engineers / Architects E-1 $ 130.00 E-2 $ 144.00 E-3 $ 188.00 E-4 $ 203.00 E-5 $ 247.00 E-6 $ 304.00 E-7 $ 422.00 Planners P-1 $ 157.00 P-2 $ 196.00 P-3 $ 244.00 P-4 $ 273.00 P-5 $ 308.00 Designers D-1 $ 118.00 D-2 $ 135.00 D-3 $ 161.00 D-4 $ 193.00 Technicians T-1 $ 95.00 T-2 $ 114.00 T-3 $ 139.00 T-4 $ 180.00 Surveyors S-1 $ 58.00 S-2 $ 77.00 S-3 $ 103.00 S-4 $ 148.00 S-5 $ 187.00 S-6 $ 218.00 2-Man Crew (Survey) $ 225.00 3-Man Crew (Survey) $ 282.00 2-Man Crew (GPS Survey) $ 245.00 3-Man Crew (GPS Survey) $ 302.00 Construction Observation C-1 $ 112.00 C-2 $ 140.00 C-3 $ 171.00 C-4 $ 221.00 C-5 $ 259.00 Agreement for Professional Services Hamestring Creek Pedestrian Bridge Classification Rates Resource Specialists RS-1 $ 104.00 RS-2 $ 137.00 RS-3 $ 194.00 RS-4 $ 268.00 RS-5 $ 335.00 RS-6 $ 411.00 RS-7 $ 460.00 Environmental Specialists ES-1 $ 104.00 ES-2 $ 131.00 ES-3 $ 168.00 ES-4 $ 198.00 ES-5 $ 248.00 ES-6 $ 318.00 ES-7 $ 398.00 ES-8 $ 450.00 Project Controls PC-1 $ 106.00 PC-2 $ 140.00 PC-3 $ 178.00 PC-4 $ 229.00 PC-5 $ 280.00 PC-6 $ 361.00 PC-7 $ 454.00 Administration / Management AM-1 $ 75.00 AM-2 $ 96.00 AM-3 $ 134.00 AM-4 $ 171.00 AM-5 $ 209.00 AM-6 $ 272.00 AM-7 $ 320.00 M-1 $ 510.00 Garver Project No. 2302057 Exhibit B City of Fayetteville Hamestring Creek Pedestrian Bridge FEE SUMMARY Title I Service Estimated Fees Rate Schedule Surveys $ 10,100.00 Rate Schedule H&H Study $ 21,300.00 Rate Schedule Schematic Study $ - Lump Sum Geotechnical Services (Terracon) $ 6,000.00 Rate Schedule Final Design $ 72,050.00 Rate Schedule Property Acquisition Documents $ 4,050.00 Rate Schedule Bidding Services $ 3,500.00 Rate Schedule Environmental Services $ 5,200.00 Subtotal for Title I Service $ 122,200.00 Title II Service Estimated Fees Rate Schedule Construction Phase Services $ - Subtotal for Title II Service $ - Total All Services $ 122,200.00 L:\2023\T21-2302057 - Hamestring Creek Pedestrian Bridge\Contracts\Client\Draft\2023-09-25 Hamestring Creek Ped Bridge\Exhibit B - Garver Fee Spreadsheet - Lump Sum or Hourly Exhibit B City of Fayetteville Hamestring Creek Pedestrian Bridge SURVEYS WORK TASK DESCRIPTION E-3 S-5 S-4 S-3 2-Man Crew (Survey) 2-Man Crew (GPS Survey) 3-Man Crew (GPS Survey) $188.00 $187.00 $148.00 $103.00 $225.00 $245.00 $302.00 hr hr hr hr hr hr hr 1. Project Management Quality Control Review 1 Subtotal - Project Management 0 1 0 0 0 0 0 2. Topographic Survey Survey Layout Map 1 1 Review of Existing Control Points 2 Topographic Surveys 2 8 Hydrographic X-Sections 1 2 8 Data Processing/Preparation Subtotal - Topographic Survey 1 4 4 0 0 16 0 3. Property Survey Survey Layout Map Review of Existing Control Points Property Surveys 1 4 8 Data Processing/Preparation 2 2 4 Subtotal - Property Survey 0 3 6 4 0 8 0 Hours Salary Costs 1 8 10 4 $188.00 $1,496.00 $1,480.00 $412.00 SUBTOTAL - SALARIES: $9,456.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $20.00 Survey Supplies $10.00 Aerial Photography $0.00 Travel Costs $114.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $144.00 SUBTOTAL: $9,600.00 SUBCONSULTANTS FEE: WACO $500.00 TOTAL FEE: $10,100.00 0 24 0 $0.00 $5,880.00 $0.00 Exhibit B City of Fayetteville Hamestring Creek Pedestrian Bridge ENVIRONMENTAL SERVICES WORK TASK DESCRIPTION ES-5 ES-3 ES-1 E-4 - Select Category - - Select Category - - Select Category - $248.00 $168.00 $104.00 $203.00 $0.00 $0.00 $0.00 hr hr hr hr hr hr hr 1. Phase Section 404 Permitting 2 8 8 Cultural Resources - SHPO Coordination 1 4 4 STAA 1 2 4 Subtotal - Phase 4 14 16 0 0 0 0 Hours 4 14 16 0 0 0 0 Salary Costs $992.00 $2,352.00 $1,664.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL - SALARIES: $5,008.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $100.00 Travel Costs $92.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $192.00 SUBTOTAL: JUtSI:UNJUL I AN I J ttt: $5,200.00 1*U.uu TOTAL FEE: $5,200.00 Exhibit B City of Fayetteville Hamestring Creek Pedestrian Bridge H&H STUDY WORK TASK DESCRIPTION E-5 E-3 E-1 $247.00 $188.00 $130.00 hr hr hr 1. Hydrology and Hydraulics Data Collection, including site visit 4 8 Duplicate Effective Model 2 2 Existing Conditions/Corrected Effective Model - Review and update model 2 6 16 Proposed Conditions Model - two alternatives 2 8 30 Floodway Models (Existing and Proposed) 6 16 Scour Calculations (Not Included in Scope) Internal QA/QC of models and scour 4 8 4 Prepare report and no rise certification 2 8 8 Subtotal - Hydrology and Hydraulics 10 42 84 Hours Salary Costs SUBTOTAL - SALARIES: 10 42 84 $2,470.00 $7,896.00 $10,920.00 $21,286.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $14.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $14.00 SUBTOTAL: $21,300.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $21,300.00 Exhibit B City of Fayetteville Hamestring Creek Pedestrian Bridge FINAL DESIGN WORK TASK DESCRIPTION E-6 E-4 E-3 E-2 E-1 T-3 T-2 $304.00 $203.00 $188.00 $144.00 $130.00 $139.00 $114.00 hr hr hr hr hr hr hr 1. Civil Engineering 90% Plans Cover Sheet/Survey Control 1 2 Miscellaneous Details 2 4 6 Typical Section 2 4 4 Plan & Profile Sheet 1 4 16 12 Erosion Control Plan 2 4 4 Cross Sections 1 4 Channel ization/Grad i ng Plans 1 2 8 4 Specifications/Contract Documents 8 8 Quantities 2 6 2 Opinion of Probable Construction Cost 1 2 4 Quality Control Review 2 4 Coordination with Geotechnical Subconsultant 1 1 Coordination and Meetings with Owner (2 Meetings) 2 4 2 Revised Final - Address City Comment on Final 6 8 3 Subtotal - Civil Engineering 8 0 41 0 68 0 37 2. Structural Engineering Crossing Design 2 12 12 12 Crossing Details 2 32 24 24 40 Retaining Walls 1 16 20 16 Structural Specifications 6 4 Coordination with H&H/Geotech/Supplier 12 2 Coordination and Meetings with Owner (2 Meetings) 4 Quantities 6 8 10 Opinion of Probable Construction Cost 1 4 4 Revised Final - Address City Comment on Final 8 8 8 Subtotal - Structural Engineering 6 100 0 82 54 56 0 Hours 14 100 41 82 122 56 37 Salary Costs $4,256.00 $20,300.00 $7,708.00 $11,808.00 $15,860.00 $7,784.00 $4,218.00 SUBTOTAL - SALARIES: $71,934.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $60.00 Travel Costs $56.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $116.00 TOTAL FEE: $72,050.00 Exhibit B City of Fayetteville Hamestring Creek Pedestrian Bridge PROPERTY ACQUISITION DOCUMENTS WORK TASK DESCRIPTION E-3 S-5 S-4 S-3 2-Man Crew (Survey) 2-Man Crew (GPS Survey) 3 Man Crew (Survey) $188.00 $187.00 $148.00 $103.00 $225.00 $245.00 $282.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 1 Quality Control Review 2 Submittals to Client 1 2 Subtotal - Project Management 1 3 2 0 0 0 0 2. Acquisition Documents (1 Parcel) Documents 2 4 Temporary Construction Easements 1 2 Stake Proposed Easements 1 2 4 Subtotal - Acquisition Documents (1 Parcel) 0 4 8 0 0 4 0 Hours 1 7 10 0 0 4 0 Salary Costs $188.00 $1,309.00 $1,480.00 $0.00 $0.00 $980.00 $0.00 SUBTOTAL - SALARIES: $3,957.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $23.00 Survey Supplies $10.00 Travel Costs $60.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $93.00 SUBTOTAL: $4,050.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $4,050.00 Exhibit B City of Fayetteville Hamestring Creek Pedestrian Bridge BIDDING SERVICES WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-2 $304.00 $247.00 $203.00 $188.00 $144.00 $130.00 $114.00 hr hr hr hr hr hr hr 1. Civil Engineering Addend ums/Inquiries 4 2 Pre -Bid Meeting and Preparation 3 Bid Opening 0.5 0.5 Prepare bid tabulation 1 1 Evaluate bids and recommend award 1 Prepare construction contracts 2 Subtotal - Civil Engineering 0 0 0 11.5 0 3.5 0 2. Structural Engineering Addendums 4 Subtotal - Structural Engineering 0 0 4 1 0 0-1 0 0 Hours Salary Costs 0 0 4 11.5 $0.00 $0.00 $812.00 $2,162.00 SUBTOTAL - SALARIES: $3,429.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $36.00 Travel Costs $35.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $71.00 SUBTOTAL: $3,500.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $3,500.00 0 3.5 0 $0.00 $455.00 $0.00