The URL can be used to link to this page

Home My WebLink About114-99 RESOLUTION• • • RESOLUTION NO 114-99 A RESOLUTION AWARDING BID NO. 99-68 FOR ENGINEERING SERVICES TO GARVER ENGINEERS IN AN AMOUNT NOT TO EXCEED $55,050, FOR THE BIDDING AND CONSTRUCTION PHASES OF THE SYCAMORE/LEVERETT INTERSECTION AND DRAINAGE IMPROVEMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE," ARKANSAS: Section 1. That the Bid No. 99-68 for engineering services to Garver Engineers in an amount not to exceed $55,050, for the bidding and construction phases of the Sycamore/Leverett intersection and drainage improvements; and authorizes the Mayor and City Clerk to execute said arae flt ,copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. lrtfI7 ?ASSF/D AND APPROVED thisZ day of September , 1999. APPROVE L •A • 44 ATTEST: Heather Woodruff, City Clerk' • By. • • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON EXHIBIT A This Agreement entered into and executed this 7fs, day ofle.w,Loer , 1999, by and between the City of Fayetteville acting by and throug' its Mayor hereinafter called the "OWNER" and Garver Engineers with offices located in Fayetteville, Arkansas, hereinafter called the "ENGINEER." WITNESSETH: Whereas, the "OWNER" is planning to construct pavement and drainage improvements at the intersection of Sycamore and Leverett Streets, hereinafter referred to as the "project"; And Whereas, the "OWNER'S" forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and Whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit bidding services and construction support services for the project on schedule; Now, therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in 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: 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 set forth in the Sections to follow; and the 'OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II - DESCRIPTION OF THE PROJECT This project includes but is not limited to asphalt pavement reconstruction and widening, construction of sidewalks, driveways, curbs, access ramps, cast -in-place and precast reinforced concrete box culvert, storm drainage pipe and structures, and traffic control items. • • SECTION III - Not Used SECTION IV - Not Used SECTION V - Not Used SECTION VI - Not Used SECTION VII - Not Used SECTION VIII - Not Used SECTION IX - ENGINEER RESPONSIBILITY DURING `BIDDING" AND "CONSTRUCTION" PHASES During the "Bidding" phase of the project, the "ENGINEER" shall provide all engineering and administrative services needed to obtain bids for the construction project, evaluate the bids, and consult with and advise the "OWNER" as to the acceptability of the best bidder. During the "Construction" phase of work, the "ENGINEER" shall provide administrative and engineering services including resident construction observation services to determine whether the Contractor has met the requirements of the design plans and specifications. The "ENGINEER" shall review the Contractor's progress payment requests based on the actual quantities of contract items completed and accepted, and shall make a recommendation to the "OWNER" regarding payment. SECTION X - SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER." SECTION XI - TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) days of Notice to Proceed. The Owner may delay the Notice to Proceed for 180 days from the execution of this Contract. 2 J:\Projects\1997\976070\Admin\Contracts\Agreement for Engr. Ser.doc SECTION XII - FEES AND PAYMENTS A. "Design" Phase Services: Not Used B. "Bidding" Phase Services: For "Bidding" phase services rendered by the "Engineer," the Owner shall pay the "ENGINEER" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of 163.31% of direct labor costs (plus direct reimbursable expenses associated with the project), plus a fixed fee which are as follows: 1) "Bidding" phase services costs not to exceed: $ 4,264.00 2) Fixed fee for "Bidding" services: $ 511.00 3) Engineering contract amount for "Bidding" phase services not to exceed $ 4,775.00 Final payment for "Bidding" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Bidding" phase of the project. C. "Construction" Phase Services: For "Construction" phase services rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of 163.31% of direct labor costs (plus direct reimbursable expenses associated with the project), plus a fixed fee which are as follows: 1) "Construction: phase services costs not to exceed: $ 44,888.00 2) Fixed fee for "Construction" phase services: $ 5,387.00 3) Engineering contract amount for "Construction" phase services not to exceed $ 50,275.00 (based upon an assumed construction period not to exceed 150 days.) The basis for this estimate is Appendix A. The "ENGINEER" shall invoice the "OWNER" monthly for construction phase services, and the final payment for "Construction" phase services shall be made upon the "OWNER'S" approval and 3 1:\Projects\1997\976070 Admin\Contracts\Agreement for Engr. Ser.doc acceptance with the satisfactory completion of the "Construction" phase of the project. D. "Geotechnical Investigation" Services: Not Used E "Special" Services: For "Special" services, such as preparation of detailed easements and/or construction staking, the "OWNER" shall pay the "ENGINEER" at the rates listed in Appendix B multiplied by a 3.0 markup. Special services will be required only when directed by the City in writing. These hourly rates will be subject to change after six months from the Notice to Proceed date of the Contract to reflect any changes in our pay rates which may occur. SECTION XIII - CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the Contract in the work and services 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, including fee or time of required performance, or both, and the Contract shall be modified in writing accordingly. 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 or the City Council in advance of the change in scope, price of fees. 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 receive and act upon any such claim assessed at any time prior to the date of final payment under this Contract Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this Contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the Contract as changed. SECTION XIV - OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specification 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. 4 J:\Projects\1997\976070Wdmin\Contracts\Agrecmcnt for Engr. Ser.doc SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" 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 anytime, the "OWNER" will 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 cancelled as hereinafter provided. Cancellation - Should the "OWNER," for any reason whatsoever, decide to cancel or to terminate the use of the "ENGINEER'S" service, the "OWNER" will give written notice thereof to the "ENGINEER," who will immediately terminate the work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. The "ENGINEER" shall turn over all data, charts, survey notes, figures, drawings and other records or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid on 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. SECTION XVII - MISCELLANEOUS PROVISIONS 1) Dispute resolution - Any dispute concerning a question of face in connection with the work and having a financial value of $10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 shall be subject to mediation. 2) Responsibility for Claims and Liability - The "ENGINEER" shall save harmless the "OWNER" from all claim and liability due to its (the "ENGINEER'S") activities, or those subcontractors, its agents, or its employees during the time this Contract is in force. 3) General Compliance with Laws - The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "ENGINEER" shall be a Professional Engineer, licensed in the State of Arkansas. 4) Engineer's Endorsement - The "ENGINEER" shall endorse and recommend all Plans, Specifications, estimates and engineering data finished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. 5 J:\Projects\1997\976070\Admin\ContractsWgeement for Engr. Ser.doc • • SECTION XVIII - SUCCESSORS AND ASSIGNS 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 possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XIX - 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 bonafide 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. CITYOFFA ETT VILLE By: Mayor 6 J:\Projects\1997\976070\Admin\Contracts\Agreement for Engr. Ser.doc ENGINEER GA 2v ECL et -to -to Ee rz e, Name of the Firm By: Authorized Representative ATTEST: Appendix A - Page 1 of 2 City of Fayetteville Sycamore and Leverett Intersection Improvements 12 -Aug -99 Bidding Services and Construction Support Services BIDDING SERVICES 1 Coordinate advertisement and bid dates with the City. Dispense plans and specifications to prospective bidders and support plans through bidding process. Prepare bid tabulation, recommendation of award, execution of contracts, and notice to proceed. Prepare for and conduct utility coordination meeting and preconstruction conference. 1 Total Project Manager Project Engineer Design Engineer Technician/Draftsman Clerical 20 10 24 0 12 20 10 24 0 12 Survey Crew 0 0 Construction Observer Construction Engineer 0 0 0 0 CONSTRUCTION SUPPORT SERVICES 1 2 Review and correct/approve Contractors construction materials submittals for conformance with the contract documents. Prepare and submit Contractor's monthly pay requests to City for approval. Prepare project closeout paperwork and submit to the City. Provide part time construction observation for the 150 -day construction contract performance time (estimate 4 to 6 hours per day for 5 day work weeks). Provide clerical and engineering support for the construction observer Prepare record drawings. 1 2 Total Project Manager Project Engineer Design Engineer Technician/Drafts man Clerical Survey Crew Construction Observer Construction Engineer 16 60 0 12 26 120 4 20 12 10 0 0 0 0 0 550 76 12 146 24 22 0 0 550 Appendix A - Page 2 of 2 City of Fayetteville Sycamore and Leverett Intersection Improvements 12 -Aug -99 Bidding Services and Construction Support Services DIRECT SALARY COST Project Manager Project Engineer Design Engineer Technician/Draftsman Clerical Survey Crew Construction Observer Construction Engineer Subtotal - Salaries Bidding Services MAN HOURS 20 10 24 0 12 0 0 0 Construction Support Services COST MAN HOURS COST LABOR AND GENERAL ADMINISTRATIVE OVERHEAD (163.31%) DIRECT NON -PAYROLL COSTS Reproduction Survey Supplies Aerial Photography Computer Rental Travel Costs $600.00 $260.00 $528.00 $0.00 $120.00 $0.00 $0.00 $0.00 $1,508.00 $2,462.71 $293.00 $0.00 $0.00 $0.00 $0.00 76 12 146 24 22 0 0 550 $2,280.00 $312.00 $3,212.00 $378.00 $220.00 $0.00 $0.00 $10,587.50 $16,989.50 $27,745.55 $0.00 $0.00 $0.00 $0.00 $153.00 Subtotal - Direct Non -Payroll Costs Subtotal PROFESSIONAL FEE (profit) TOTAL: TOTAL ESTIMATED COST: Prepared by klitell Garver Engineer $293.00 $4.263.71 $511.65 $4,775.00 $55,050.00 $153.00 $44,888.05 $5,386.57 $50,275.00 Appendix B Garver Engineers Hourly Rate Schedule Classification Regular Senior Project Manager Project Manager Senior Project Engineer Project Engineer Senior Design Engineer Construction Engineer Design Engineer/Designer Environmental Scientist Geologist CADD Administrator Senior CADD Technician CADD Technician Senior Construction Observer Construction Observer Project Surveyor Party Chief Instrument Man Rodman Clerical August, 1999 $37.00 $30.00 $26.00 $24.00 $22.00 $19.25 $22.00 $21.00 $20.00 $20.00 $18.00 $15.75 $20.00 $19.25 $20.50 N/A $19.25 $12.00 $10.00 1-±-Jc.- :TTsly -i L 3 6 PROJECT SITE 11 J r___ 1-1-11-11-10. 1[7 __ I {317 mows. 0.1 �c L 1 VICINITY MAP MAY 113213A31 4 z J a z 0 1- U cc 1- 0) z 0 0 F- N 0 RECIEOVEC 666t 9C 12:Or GO JIV uoH H31NIdOHd\VOAS\0V3V\:0 STAFF REVIEW FORM x AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of September 7. 1999 FROM: Jun Beavers JJame Engineering Division Public Works Department ACTION REQUIRED: Approval of the Agreement For Engineering Services contract with Garver Engineers for the bidding and construction phases of the Sycamore/Leverett intersection and drainage improvements in the not -to -exceed amount of $55,050.00. COST TO CITY: $55.050 Cost of this Request 4470-9470-5809.00 Account Number 97030-9101Q Project Number $555.526 Category/Project Budget $26 335 1~unds Used To Date '99 $529,1,91 Remaining Balance $vcammre Stre. Lategoryroject Name Street/Drainage Program Name Sales tax Fund BUDGET REVIEW x , Budgeted Item Budget Coordinator / , , Budget Adjustment Attached Administrat ve Services Director CONTRACT/GRANT/LEASE REVIEW Acc 4'2;'JManx/Ai g ger t` An, ejz o' —; Date Date Pu chasing Of leer Date /1-79 -97 I -7o-55 GRANTING AGJENCY: en I/: ernal Auditor 14E4 gawky, ADA Coordinator Date Date STAFF RECOMMENDATION: Approval of the engineering services contract. Hea • • artment 1 tor pA A. ms is nve `e ices Itree or ei Ma r ate Date 1 ate Date Cross Reference New Item: Yes _ Nox Prev Ord/Res#: 24-97 Orig Contract Date: 18 Mar 97 Page 2 STAFF REVIEW FORM Description Sycamore Street Imrovements Meeting Date September 7. 1999 Comments: Budget Coordinator Reference Comments: Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor 2 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Charles Venable, Public Works Director Contract Review From: Jim Beavers, City Engineer Date: August 18, 1999 Re: Agenda Request, Council Meeting of September 7, 1999 Proposed engineering services contract with Garver Engineers for bidding and construction management/inspection for the Sycamore/Leverett intersection and drainage improvements (Bid 99-68 to open August 24 and also proposed for the September 7 Council meeting). 1. Project Background. The engineering design contract for the street and drainage improvements was approved by the City Council on March 18, 1997, Resolution 24-97. This original engineering contract did not include the bidding process or construction management. As previously approved by the Street Committee, the proposed improvements to be constructed include widening of Sycamore approximately 200 feet west of Leverett from two to four lanes and drainage improvements from approximately 200 feet west of Leverett continuing east approximately 670 feet to Scull Creek. 2. Construction contract. The design has been completed and the project advertised for bid opening August 24, 1999. The construction contract is also on the September 7, 1999 agenda as a separate proposed resolution. Page 1 of 2 3. Engineering contract. The proposed Agreement For Engineering Services will provide for the bidding and construction phases of the project. The proposed contract is a cost plus fixed fee not -to -exceed $55,050.00. 4. Budget. The 1999 project budget for the Sycamore improvements is $555,526 of which $26,335 has been obligated leaving $529,191 prior to this request and prior to the construction contract. enclosures: 1. Vicinity map 2. Schematic of intersection improvements 3. Engineering contract (one original) Page 2 of 2 D:\ACAD\SYCA\PROPINTEA Mon Apr 05 10: 28: 36 1999 g'OA O �\ 0 CD C 0 0 z r z tn0m X 111 >-0 X am F, m z m PL -F 1 PL 013 7 0 m 0 z 0 PL PL PL x V z z LEVERETT AVE • I • s FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jim Beavers, City Engineer From: Heather Woodruff, City Clerk Date: September 9, 1999 Attached is a copy of the resolution awarding Bid 99-68 to Garver Engineers for the bidding and construction phases of Sycamore/Leverett Intersection and Drainage Improvements. The original will be microfilmed and filed with the City Clerk. cc. Yolanda Fields, Internal Auditor kas: S\ICGrr.Ort / Leavdrtn-atic/,u&r, „y_q�, EXHIBIT A CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES MICROFILMED STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this 7 day of S7i71vepeZ , 1999, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and Garver Engineers with offices located in Fayetteville, Arkansas, hereinafter called the "ENGINEER." WITNESSETH: Whereas, the "OWNER" is planning to construct pavement and drainage improvements at the intersection of Sycamore and Leverett Streets, hereinafter referred to as the "proj ect"; And Whereas, the "OWNER'S" forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and Whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit bidding services and construction support services for the project on schedule; Now, therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in 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: 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 set forth in the Sections to follow; and the ""OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II - DESCRIPTION OF THE PROJECT This project includes but is not limited to asphalt pavement reconstruction and widening, construction of sidewalks, driveways, curbs, access ramps, cast -in-place and precast reinforced concrete box culvert, storm drainage pipe and structures, and traffic control items. ee5 - I I I -ci �1 SECTION III - Not Used SECTION IV - Not Used SECTION V - Not Used SECTION VI - Not Used SECTION VII - Not Used SECTION VIII - Not Used SECTION IX - ENGINEER RESPONSIBILITY DURING `BIDDING" AND "CONSTRUCTION" PHASES During the "Bidding" phase of the project, the "ENGINEER" shall provide all engineering and administrative services needed to obtain bids for the construction project, evaluate the bids, and consult with and advise the "OWNER" as to the acceptability of the best bidder. During the "Construction" phase of work, the "ENGINEER" shall provide administrative and engineering services including resident construction observation services to determine whether the Contractor has met the requirements of the design plans and specifications. The "ENGINEER" shall review the Contractor's progress payment requests based on the actual quantities of contract items completed and accepted, and shall make a recommendation to the "OWNER" regarding payment. SECTION X - SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER." SECTION XI - TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) days of Notice to Proceed. The Owner may delay the Notice to Proceed for 180 days from the execution of this Contract. 2 1:\Projects\1997\976070Admin \ Contracts Agreement for Engr. Ser.doc