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HomeMy WebLinkAbout72-96 RESOLUTION• RESOLUTION NO. 79-96 • A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $147,123, PLUS A 10% CONTINGENCY OF $14,712, TO THE MEHLBURGER FIRM FOR A BIKE/PEDESTRIAN TRAIL DESIGN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract, in the amount of $147,123, plus a 10% contingency of $14,712, to Mehlburger Firm for a bike/pedestrian trail design, and authorizes the Mayor and City Clerk to execute same. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Q '•-�314SSED AND APPROVED this 4th day of June , 1996. / \ t • 1S 1 Rk s' [[ \. I f k + v. Citi. •. 4.. • 4 .04 fG• t. .,4 ��I1SAcc: %obi) Traci Paul, City Clerk • • • AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS) COUNTY OF PULASKI) THIS AGREEMENT, entered into and executed this 171.4 day of,T,,,hist , /996 by and between the City of Fayetteville acting by and through its City Council hereinafter called the i "Owner" and The Mehlburger Firm, a corporation existing under the laws of the State of Arkansas, with principal offices at 201 South Izard, Little Rock, Arkansas, hereinafter called the "Engineer". WITNESSETH: WHEREAS, the Owner, the City of Fayetteville; and WHEREAS, the Owner's forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; WHEREAS, the Engineer's staff is adequate and well -qua Ii iced and it has been determined that its current workload will permit completion of the plans for the project on schedule; NOW, THEREFORE, it is considered to be in the best public interest for the Owner to obtain the • assistance of the Engineer's organization in the connection with said engineering services. In consideration of the faithful performance of each Party of the mutual covenants and agreements set • forth hereinafter, it is mutually agreed as follows: 1 • SECTION I — EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer to perform, and the Engineer agrees to perform, professional engineering services in connection with the Project as set forth in the Sections to follow; and the Owner agrees to pay and the Engineer agrees to accept, cost incurred plus fixed fee, as specified in the Sections to follow, as full and final compensation for work accomplished in the specified time. • SECTION H — DESCRIPTION OF THE PROJECT This project is to prepare plans and specifications of the construction of a multi -use trail system and bicycle lanes for the City of Fayetteville. (See Appendix A) The project sc pe includes the surveying of particular properties for the purpose of acquisition by the City of Fayetteville for the multi -use trail system and for the entry way signs on Highway 45 and 71, provide plans and construction documents for the construction of the multi -use trail system, develop cost estimates of the work described on the plans and in the specifications, and provide an estimate of time in working days for each project element. The Engineer shall be available to attend any public meetings`or with any local interest groups as deemed necessary or pertinent to the project by the Owner. 2 • • • SECTION HI — SERVICES TO BE FURNISHED BY THE ENGINEER (TITLE ONE SERVICES) 1. The survey and written descriptions of particular properties for the purpose of acquisition by the City of Fayetteville to become part of the multi -use trail system. 2. The survey of sites on Highway 45 and 71 for entry signs. 3. Construction documents for the construction of a multi -use trail system and bicycle lanes to include roadbed design and alignment, intersection design, signage, landscaping, fencing, and bridging. 4. Cost Estimates By Element. SECTION IV — COORDINATION WITH OWNER The Engineer shall hold bi-monthly conferences throughout the design of the Project with representatives of the Owner to the end that the design, as perfected, shall have full benefit of the Owner's knowledge of existing needs and facilities, and be consistent with the current policies and construction practices of the Owner. The Engineer shall take minutes, submit to the Owner Coordinator for approval, make corrections if needed, and distribute to attendees. The Owner NEM reserves the right to accept or reject any or all plans, but this stipulation will not relieve the Engineer of responsibility for the design of the project. SECTION V — PRELIMINARY SUBMISSIONS The Engineer shall submit eight (8) sets of preliminary plans for preliminary field inspection and eight (8) sets of final plans for field inspection on each construction project. 13 SECTION VI — FINAL SUBMISSION • The final submission for each Construction Contract shall consist of the following: a. . One (1) copy of all design calculations. b. Originals of all drawings and the originals of all job special provisions indexed and typed on bond paper and electronic files of all drawings on 3 1\2 disk. c. The consultants estimate of quantities and costs for each construction contract, and a detailed estimate of time in working days required for completion of the work. d. 50 copies, in booklet form showing all project elements and support data. SECTION VII — ENGINEER'S RESPONSIBILITY DURING CONSTRUCTION (TITLE U SERVICES) As the Construction Contracts are awarded and notice to proceed is issued, the Engineer shall: a. Check shop drawings as appropriate. SECTION VIII — CONSULTATION SERVICES DURING CONSTRUCTION If, during the course of construction, consultation between the Owner and the Engineer is required, the Owner agrees to compensate the Engineer in accordance with the TTTLE II Schedule of Rates as found in SECTION XI — FEES AND PAYMENTS and APPENDIX C. Payment will be made monthly upon presentation of invoices prepared in the required form and number, subject to the approval of the Owner. 4 • • SECTION IX — SUBCONTRACTING • Subcontracting by the Engineer of any of the services provided herein, require prior approval by the Owner. SECTION X — TIME OF BEGINNING AND COMPLETION The Engineer shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete all services within 276 days (contract signing to submittal of final report.). (See Appendix B) The above completion time is predicted upon the fact that the Owner will process approvals L of interim work in an expeditious manner. SECTION XI — FEES AND PAYMENTS For and in consideration of the services to be rendered by the Engineer, the Owder shall pay and the Engineer shall receive reimbursement of all salary costs, overhead, and fees at rates paid by the Engineer during the Contract Period, consisting of TITLE I SERVICES, including the Fixed Fee Amount of$19,305.57 Dollars, not to exceed an Upper Limit Contract amount of $144,623.07 Dollars and TITLE II SERVICES, not to exceed an Upper Limit Contract amount of $2,500.00 (See Appendix—C). The basis of this upper limit and justification for the fee is attached hereto. Adjustment of the upper limit may be made, should the Engineer establish and the Owner agree, that there has been or is to be a significant change in the: (1) Scope, complexity, or character of the services to be performed; (2) condition under which the work is required to be performed; (3) duration of work NNW w if the change from the time penod specified in the Agreement for completion of work, warrants adjustment The following schedule comers the classification of personnel and the salary range for all personnel anticipated to be assigned to this project for TITLE I SERVICES and TITLE H SERVICES by the Engineer: SCHEDULE OF SALARY RANGES (Hourly) Landscape Architect $16.97 - $20.53 Project Manager 16.97 - 20.53 Engineer 14.90 - 23.65 Draftsman 9.68 - 12.83 Clerical 7.48 9.72 Registered Land Surveyor 15.00 - 25.00 Party Chief 13.00 - 20.00 Instrument Person 8.00 - 12700 Rodman 6.00 - 9.00 In the event salary ranges prove inadequate due to unforeseen circumstances, they maybe renegotiated. Overtime, when authorized by the Owner, shall be at rate of time and one-half for all subprofessional employees. Overhead rates were derived from financial data during the period of July 1, 1994 to June 30, 1995, and were approved by the Defense Contract Audit Agency. Overhead rates were negotiated based on the enclosed financial audits. An overhead rate of 118.6% was established and 6 • w executed. Subsequent audits may be conducted at the convenience of the Owner to adjust the overhead rates applicable to the Contract and to evaluate the Engineer's charges against the fob. Overhead rates established by the 1995 audit are: Overhead on Salaries 38% and General Office Overhead 80.6% Adjustments in the overhead rates shall be applied to salary costs incurred subsequent to the conduct of the audit by which they were established and shall apply until adjustment by a later audit. TITLE I SERVICES and TITLE H SERVICES shall be billed on a mark-up salary based on the established SCHEDULE OF SALARY RANGES. The mark-up shall be 2.568 which includes fees and the overhead rates established in the 1995 audit This mark-up will remain in effect unless adjusted by a later audit and incorporated into a Supplemental Agreement. All miscellaneous expendable supplies normally required by the Engineer in the performance of these services will be purchased by the Engineer, who will be reimbursed by the Owner. As such expenditures will be substantiated by the paid invoices or by accounting procedures which are approved by the Owner. Proper and adequate accounting records shall be maintained by the Engineer and be readily available for inspection and/or audit by the Owner. Payments on incurred cost and ninety percent (90%) of the fixed fee earned will be made periodically based upon statements submitted by the Engineer to the Owner. These statements shall be substantiated by a progress report prepared by the Engineer to the Owner. These statements shall be substantiated by a progress report prepared by the Engineer and submitted with each statement (see Appendix B.) This report shall include a breakdown of the cost and progress for each contract, as well as the project total. Statements and progress reports will be submitted in the form and number required by the Owner. 7 • • Final payment for TITLE I SERVICES shall be made upon the Owner's approval and • acceptance of construction plans, estimates of quantities, and the satisfactory completion of any related services required by the Owner. Final payment for TITLE II SERVICES shall be made upon Owner's approval, and upon the Engineers satisfactory completion of all TITLE II SERVICES. SECTION XII — CHANGES The Owner at any time, by written order, may make changes within the general scope of the contract in the work and service to be performed. If any such change causes an increase or decrease in the cost of , or the time required for, performance of this contract, an equitable increase or decrease shall be made in the Upper Limit Contract amount, and that amount shall be modified in writing accordingly. Any claim by the Engineer for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Engineer of the notification of change; provided, however, that the Owner, if it decides that the facts justify such action, may review and act upon such claim asserted at any time prior to the date of final payment under this contract as changed. SECTION XIII — OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specifications, field notes and data, are and remain the property of the Owner. The Engineer may retain reproduced copies of drawings and copies of other documents. 8 • w • • SECTION XIV — POSTPONEMENT OR CANCELLATION OF 1'HE CONTRACT It is understood that the Owner, acting through the Mayor, will have the right to suspend or cancel the work at any time a. Postponement -- Should the Owner, for any reason whatsoever, decide to postpone the work at any time, the Owner will through its Mayor, notify the Engineer who will immediately suspend work. Should the Owner decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be canceled as herinafter provided. 13. Cancellation -- Should the Owner for any reason whatsoever, decide to cancel or terminate the use of the Engineer's services, the Owner will, through its Mayor, give thirty (30) days written notice thereof to the Engineer who will immediately terminate the work. If the owner so elects, the Engineer may be instructed to bring to a reasonable state of completion those items whose value would otherwise be lost without such necessary further work as may be directed by the Owner, and turn over to the Owner all data, charts, survey notes, figures, drawings, and other records of information collected or produced hereunder whether partial or complete. Upon such termination of the Engineer's services under this section, the Engineer shall be paid in an equitable basis for all services rendered hereunder a proportional amount of the total fee; less prior partial payments, based on the ratio of work done to the total amount of work to be performed. 9 • SECTION XV — ACCESS TO RECORDS w • The Engineer and any Subcontractors are to maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the contract period and for three (3) years from the date of final payment under this contract, for inspection by the Owner. SECTION XVI — MISCELLANEOUS PROVISIONS 1. Dispute resolution Any dispute concerning a question of fact in connection with the work shall be referred for 1 determination to the Mayor, whose decisions in the matter shall be final and conclusive. 2. Responsibility for Claims and Liability The Engineer shall save harmless the Owner from all claim and liabilities due to its activities, or those of its subcontractors, its agents, or its employees, dung the planning stage of this project. General Compliance with Laws The Engineer shall comply with all Federal, State and Local Laws and ordinances'applicable to the work. It shall be a Professional Engineer, licensed in the State of Arkansas. Engineer's Endorsement The Engineer shall seal and endorse and recommend all plans, specifications, estimates and engineering data furnished by it. All designs shall be checked in accordance with accepted engineering practice. All plan quantities shall be checked and verified. 10 • • • SECTION XVII — SUCCESSORS AND ASSIGNS w • The Owner and the Engineer each binds itself and its partners, successors, executors, administrators and assigns to the other Party of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer its interest in this agreement without written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a Party hereto. SECTION XVIII — COVENANT AGAINST CONTINGENT FEES The Engineer warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the Engineer, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the Owner shall have the right to annul this contract without liability. 0.01 SECTION XIX — TITLE VI ASSURANCES (NON-DISCRINIINATION) During the performance of this contract, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: a. Compliance with Regulations -- The Engineer shall comply with the Regulations relative to non-discrimination in Federal assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and FHPM Volume 1, Chapter 7, Section 2, as they may be amended from time to time, (hereinafter 11 • Nor w • referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Non-discrimination — The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the. selection and retention of subcontractors, including procurement of material and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in • Appendix "B" of the Regulations. c. Solicitations for Subcontracts. Including Procurement of Materials and Equipment -- In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. d. Information and -Reports -- The Engineer shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Fayetteville to be pertinent to ascertain compliance with such regulations and directives. Where any information required of the Engineer is in the exclusive possession of another who fail or refuses to furnish this information, the Engineer shall so certify to the City of Fayetteville as appropriate, and shall set forth what efforts it has made to obtain the information. 12 • w • e. Sanctions for Non -Compliance -- In the event of the Engineer's non-compliance with the non-discrimination provisions of this contract, the City of Fayetteville shall impose such under contract sanctions as it may determine to be appropriate, including, but not limited to: (1.) Withholding of payments to the Engineer under the contract until the Engineer complies, and or (2.) Cancellation, termination or suspension of the contract, in whole or in part. f. Incorporation of Provisions -- The Engineer shall include the provisions of paragraphs (a) through (0 in every subcontract, including procurement of materials and leases of equipment, unless exempt by regulations, or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the City of Fayetteville may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in event the Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the City of Fayetteville to enter into such litigation to protect the interest of the Owner, and in addition, the Engineer may request the United States to enter into such litigation t5 protect the interest of the United States. 13 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. By: G I TY of PAYE TrE VIL.LE By: lJAZ1,0,L, 1/471:2_4/ / ATTEST THE MEHLBURGER FIRM, INC. BY President • By /— Division Manager - Development 7 • CERTIFICATE OF CITY OF FAYETTEVILLE I hereby certify that I am the Mayor of the City of Fayetteville and the above consulting firm or its representative has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this contract to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee contributions, donation, or consideration of any kind: except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas State Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. 6 96 (Date) (Mayor of Fayetteville) • • State Contract No. R9936 Federal -Aid Project CERTIFICATE OF CONSULTANT I, hereby, certify that I am the President and duly authorized representative of the Firm, The Mehlburger Firm, whose address is P.O. Box 3837, Little Rock, Arkansas 72203, and that neither I, nor the above Finn mentioned here represent, have: (A) employed or retained for a commission, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working soley for me or the above consultant) to solicit or secure this contract. (B) agree, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or O paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas State Highway and Transportation Department and the Federal Highway Administration, U.S. Departmetn of Commerce, in connection with this contract involving participation of Federal -Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. /d -/a -9C'. (Date) resident) • • APPENDIX A MULTI -USE TRAIL ELEMENTS: • • Crossover Road - running North-South on East side of Fayetteville. • Old Missouri Road - North-South between Old Wire and Zion. • Gregg Avenue - running North-South middle of Fayetteville, terminating at campus edge. • Appleby Road - East-West between Gregg and College Avenue. • Township Street - East-West between Old Wire and Crossover. • Hall Avenue - North-South on West side of Fayetteville, connects or becomes Garland. • Mission Boulevard - Runs North -Northeast, connects to Old Wire and Crossover. • Garland Avenue - North-South on West side of Fayetteville, enters U of A campus. • Razorback - North-South on West side of Fayetteville, Razorback connects with Maple and 15 st. • Block Avenue - North-South off of Sixth Street (Southeast of campus). • 13th Street - East-West off of Block (Southeast of campus) • Wedington - East-West on West side of Fayetteville, becomes North Street. • Deane - East-West North of Wedington, South of Experimental Farm. • Mud Creek Tributary connecting Sweetbriar and Gulley Parks. • Errol Street between Old Missouri and Crossover. • Hidden Lake Subdivision park land. • Walker Park to Town Branch Creek to St. Paul Rail -Tail. • Town Branch Creek from St. Paul Rail -Trail to Greathouse Park. • West fork of White River connecting RR path to Combs Park to Crossover at Highway 16E. • St. Paul Spur Trail • Center Prairie Trail • Futrall to 18th to ball park • Lewis Avenue - North South from Wedington to Deane • Path along Razorback Road extension BICYCLE LANES • Rolling Hills Drive - East West between College and Old Missouri • Old Wire Road - North South parallel to College and Crossover • Huntsville Road - East West between Crossover and Block Avenue • 15th Street - East West, South of campus between Razorback and Happy Hollow • Cato Springs Road Eat V3,s,.t ef 1 i, connects to School Avenue, and Cato Springs Road (running North South) • Futrall Drive - West of Cato Springs Road, connects of U.S. 62 • 18th Street - runs East West, connects to 15th Street and Futrall Drive • Porter Road - North South on West side of Fayetteville, connects Deane and Wedington • North Street - East West between Garland and College Avenue • TITLE I SERVICES SURVEYS CLASSIFICATION Project Manager Professional Land Surveyor Party Chief Instrument Person Rod Person Draftsman Clerical PRELIMINARY DESIGN CLASSIFICATION Project Manager Landscape Architect Engineer Draftsman FINAL DESIGN CLASSIFICATION Project Manager Landscape Architect Engineer Draftsman Clerical CONFERENCES CLASSIFICATION Project Manager Landscape Architect • APPENDIX C w AVERAGE RATE/HOUR MAN HOURS 18.75 20.00 16.50 10.00 7.50 11.26 8.60 SUB -TOTAL 32 200 440 440 440 280 30 1862 AVERAGE RATE/HOUR MAN HOURS 18.75 18.75 19.28 11.26 SUB -TOTAL 80 160 60 200 580 AVERAGE RA 1'6/HOUR MAN HOURS 18.75 18.75 19.28 11.26 8.60 SUB -TOTAL 200 450 80 400 60 1200 AVERAGE RATE/HOUR MAN HOURS 18.75 18.75 SUB -TOTAL 20 20 40 • • TOTAL COST $ 600.00 $ 4,000.00 $ 7,260.00 $ 4,400.00 $ 3,300.00 $ 3,152.80 $ 344.00 $ 23,056.80 TOTAL COST $ 1,500.00 $ 3,000.00 $ 1,156.80 $ 2.252.00 $ 7,908.80 TOTAL COST $ 3,750.00 $ 8,437.50 $ 1,542.40 $ 4,504.00 $ 516.00 $ 18,749.90 TOTAL COST 375.00 375.00 750.00