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HomeMy WebLinkAbout134-99 RESOLUTIONr RESOLUTION NO. 134-99 A RESOLUTION APPROVING AN ENGINEERING AGREEMENT WITH GARVER ENGINEERS, IN AN AMOUNT NOT TO EXCEED $27,960 PLUS A FIXED FEE IN THE AMOUNT OF $2,996, TO FURNISH SURVEYS AND GEOTECHNICAL INFORMATION FOR THE DEVELOPMENT OF THE PROPOSED LIBRARY SITE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council hereby approves an engineering agreement with Garver Engineers, in an amount not to exceed $27,960 plus a fixed fee in the amount of $2,996, to furnish surveys and geotechnical information for the development of the proposed library site; and authorizes the Mayor and City Clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19`" day of October , 1999. Y4 is �\ r'.,I•.• rte.• • Y' r"Woodruff, City erk APPROVED: By. mdaek, Fred Hanna, Mayor Agenda Request Contract Review Grant Review STAFF REVIEW FORM FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF October 19, 1999 FROM: Charles Venable Public Works Name Division Department ACTION REQUESTED: Approval of an engineering agreement with Garver Engineers of Fayetteville to furnish surveys and geotechnical information for the architect's use in development of the proposed library site. COST TO THE CITY: $27,960 Cost of this request 4470-9470-5314-03 Account Number 99073-10 Project Number ' of nno Category/Project Budget 1214,^i Funds used to date 3©4444 Remaining Balance Library Exp. Category/Project Name Program Name Sales Tax Capital Improvement Fund BUDGET REVIEW: —ti Budgeted Item udget Coordinator 40 Budget Adjustment 1ta�� Attached(�(c� Ad inistrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Account /o -42 -99 Date City Attorney Io -/3-5', Date ►o-ua\ -99 Purchasing Officer Date STAFF RECOMMENDATION: Approval of this agreement in order that the information can be furnished to the architect so that preliminary plans can be developed. nal Auditor /1/66 Date ADA Coordinator Date Date Date 1� Date Cross Reference New Item: Yes No Prev Ord/Res #• Orig. Contract Date. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Hanna and Fayetteville City Council From: Charles Venable, Public Works Director Com/ Date: October 11, 1999 Subject: Engineering Agreement to Provide Surveys and Geotechnical Information for the Proposed Library Site Attached hereto is a copy of an engineering agreement with Garver Engineers of Fayetteville. The contract is a cost plus a fixed fee in the amount not to exceed $27,960, and mcludes a fixed fee of $2,996. As stated previously, this project is in conjunction with the architectural agreement that was approved on October 5, and is necessary to provide field data to the architect for his use in the placement and design of the building. CV:msm attachement • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this _ day of 1999, by and between the City of Fayetteville acting by and through its Mayor, hereinafter called the "OWNER," and with Garver Engineers, with offices located at Fayetteville, Arkansas, hereinafter called the "ENGINEER." WITNESSETH: Whereas, the "OWNER" is planning to construct a library on the property bounded by School Avenue, Rock Street, West Avenue, and Mountain Street, containing approximately three acres; 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 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 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 construction of a library, at the site described above, with the required sitework 1 • SECTION III - INFORMATION & SERVICES The "OWNER" will furnish any standards and other information which may relate to the project including the record description of the property, any record easements affecting the property to which the survey shall make reference, free of charge, to the "ENGINEER". SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING "DESIGN" PHASE Specifically, our scope of services is described in the following paragraphs: We will provide a boundary survey, prepare a surveyed description, and a plat of the parcel of land. All of the above will meet Arkansas Minimum Standards for Property Boundary Surveys. We will assist with the reconciliation of any discrepancies between the survey and the legal recorded description. All adjacent property within 50 feet will be included. In addition, topographic information is also required and will include the location of all trees, buildings, utilities, sidewalks, streets, etc. A contour map of the site will be produced with contour intervals at one foot intervals. Error will not exceed one-half contour interval At least two permanent benchmarks will be established noting the location and elevation to the nearest 0.01 foot. Spot elevations at each intersection of a 25 -foot (approximate) square grid covering the property and at street intersections, and at 25 feet on center of curbs, sidewalks, and edge of paving will also be provided. Location of buildings, trees over six inches in diameter, utilities both above and below ground (with depths of the below ground and flow lines of any sanitary sewers and storm sewers), and any other topographic features that may be present on the site, will be indicated. All survey data will be tied to the City of Fayetteville's plane coordinate system and all elevations shall be tied to the National Geodetic Vertical Datum (NGVD) 1929. All drawings will be at a scale of 1" = 30'-0" and shall be on 30" x 42" trim size paper with a Left binding edge and 3/4" border. We will furnish one (1) reproducible transparency, and three (3) copies of each drawing. Composite drawings of the boundary and topographic information will be produced. In addition to the composite drawings, separate plots of (A) boundaries, easements and topographic features without utilities, and (B) boundaries, easements and utilities will be famished. A digital copy in Autocad Release 14 will also be provided to the Owner. It is also understood that the Owner or the Owner's architect may reproduce the Engineer's drawings without modification and distribute the prints in connection with the use or disposition of the property without incurring compensation to the Engineer. Digital copies of the survey data may also be used as a basis for site planning. Oct -11-99 03:37P Garver Inc. Fayetteville 501 527-9101 P.02 Geotechnical data will also be provided. A subconsultant of the Engineer will provide six (6) preliminary soil borings, at least 12 inches into bed rock or hard shale. These borings will be made ncar each property comer and at locations within the property that will provide a general idea of the location and depth of the rock. A geotechnical report and soil boring log will be famished. The subconsultant fee is based on boring depths not to exceed 40 feet. SECTION V - COORDINATION WITH "OWNER" - Not Used SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK - Not Used SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION - Not Used. SECTION VIII - FINAL SUBMISSION - Not Uscd SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES - Not Used 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) calendar days of a Notice to Proceed and complete the work within 35 calendar days from the date work begins. SECTION XII - FEES AND PAYMENTS A. "Dcsign" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 168% of direct labor costs. plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1. "Design" phase services (Surveying and Geotechnical Services) not to exceed: $24,964.00 2. Fixed fee for "Design" services: $2,996.00 3. Engineering contract amount for Design phase services not to excccd: $27,960.00 3 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council's approval, 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 scope, complexity or character of the services to be performed; or if the "OWNER" decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "Engineer." Final payment for Design services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. B. "Bidding" Phase Services - Not Used C. "Construction" Phase Services - Not Used D. "Geotechnical Investigation" Services: Payment for geotechnical investigative services performed under this contract is covered under Part "A" - Design Phase Services E "Special" Services For "Special" services, not described herein, 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 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 mcrease 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, pnce of fees. 4 Any claim by the "ENGINEER" for adjustment under this clause must be asserted with 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. 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 any time, 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. B 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 tum 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 fact 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 5 shall be subject to mediation. 2. Responsibility for Claims and Liability - The "ENGINEER" shalt 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. Engineers 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. 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. 6 • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. CITY OF FAYETTEVILLE ENGINEER By: ATTEST: C GARVER ENGINEERS Name of the firm By: i(14911 Authonzed Representative ATTEST 7 Appendix A - Page 1 of 2 City of Fayetteville Fayetteville City Library 11 -Oct -99 Surveying Services and Preliminary Geotechnical Services Boundary Survey 1 Provide a boundary survey, prepare a surveyed deschption, and a pat of survey of the parcel of land. All of the above will meet Arkansas Minimum Standards for Property Surveys. Assist with the reconciliation of any disaepandes between the survey and legal recorded description. This survey will be tied to the City of Fayetteville's plane coordinate system. 1 Total Project Manager Project Engineer Design Engineer Project Surveyor Technician/Draftsman Clerical Survey Crew Construction Observer Construction Engineer 4 0 0 72 0 2 16 0 0 4 0 0 72 0 2 16 0 0 Topographic Survey and Map 1 2 A contour map will be produced with one foot contour Intervals. Error will not exceed one-half contour Interval. At least two permanent bench marks will be established noting the location and elevation to the nearest 0.01 foot. Spot elevatlons at each intersection of a 25 foot approximately square grid covenng the property and and at street Intersections, and at 25 feet on center of curbs. sidewalks. and edge of paving will also be provided. Location of building, trees over six Inches in diameter, utilities both above and below ground (with depths of the below ground and flow lines of any sanitary sewers and storm sewers), and any topographic features that may be present on the site will be indicated. This survey will be tied to the City of Fayetteville's plane coordinate system and all elevations shall be tied to the National Geodetic Vertical Datum (NGVD) 1929. All drawings will be at a scale of 1- = 30' and shall be on 30' x 42- trim size paper with a lett binding edge and 3/4- border. We will furnish ane (1) reproducible transparency, and three (3) copies of each drawing. Composite drawings of the boundary and topographic information will be produced. In addition to the composite drawings. separate plots of (A) boundaries, easements, and topographic features with utlllIes, and (B) boundaries, easements and utilities will be furnished. A digital copy in Autocad Release 14 will also be provided to the Owner. 1 2 Total Project Manager Project Engineer Design Engineer Project Surveyor Technician/Draftsman Clerical Survey Crew ConsWction Observer Construction Engineer 4 2 O 0 O 0 54 32 O 2 2 2 76 0 O 0 O 0 6 0 0 86 2 4 76 0 0 Geotechnical Investigation 1 The Engineer or his subcontractor shall provide six (6) preliminary soil borings, at least 12 inches into bedrock or hard shale. These borings will be made near each property comer and al locations within the property that will provide a general Idea of the location and depth of the rock. A geotechnical report and soil Doting log will be furnished. 1 Total Project Manager Project Engineer Design Engineer Project Surveyor Technician/Draftsman Clerical Survey Crew Construction Observer Construction Engineer 4 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 • TOTAL ESTIMATED COST: O O r PROFESSIONAL FEE (profit) N N o ) D N n 0 N n - 1 -0 O V V c?jc o�0c -I 0 > OOA O <3=Z0]Q�. co o. o . O " m0az9u� • la ° c c g2 2"gm��^ Mx. = age .o mmmn0 Z i2 1 OOm �Omdm rfp� O. Gcoga v -i Gd ▪ O y-<mz5 2 covo mm oa a 0 m Nm < O vo `< m rAr o o O n N O O 0) H 00 'a - EA H UW H H A CO V 04.1 CD 01 OH N 02 N (P O O O O O V N 0000000 1800 A21V1VS 1032110 m 0 03� C D 0. 77 Z v (1) 0001001000a co co N H N U H IJ T H P Ay H H O N 69 0 H H N A 0000 N O A OOO 0 0 0 0 0 0 0 0 0 0 0 0 0 i 61 A H A H H(HT U IV 10 0000a0 CO ID 0 0 0 0 0 0 v O 0 0 0 0 0 0 N 0 V Co O O A A N O) O O O) fA U N M -•U U HC A (o.) 40 to aCO O O CO A N O 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0) U U U N N 0) W N O0 W -s O in 0) b (0 0 0 H 0 H H U H H U O 0 U N 000000 O 000000 0) o 000000 O 0 O O O O O O O O A H H U U H H U U H N 00000000 0 0 0 0 0 0 666 0 2 C C A Z Z U! 0 0 N -1 6 (0 (0 • • Appendix B Garver Engineers Hourly Rate Schedule Classification Regular Senior Project Manager $37.00 Project Manager $30.00 Senior Project Engineer $26.00 Project Engineer $24.00 Senior Design Engineer $22.25 Construction Engineer $19.50 Design Engineer/Designer $22.25 Environmental Scientist $21.00 Geologist $20.00 CADD Administrator $20.00 Senior CADD Technician $18.00 CADD Technician $16.25 Senior Construction Observer $20.00 Construction Observer $19.50 Project Surveyor $20.75 Party Chief N/A Instrument Man $19.25 Rodman $12.00 Clerical $11.00 October, 1999 • • Senior -Project Hannah, T.B. Johnson, T.L. Johnson, W.B. Jones, C.F. Morgan, B.D. Parker, H.J. Pierce, R.R. Reese, W.T. Taylor, R.E. Walker,E.T. White,R.D. Williams, D.H. Manager PE PE PE PE PE PE PE PE PE,RLS PE PE PE Protect Manager Bennett, G.E. PE Dalla Rosa,M.G. PE Griffin, M.J. PE Holder, J.D. PE Hoskins, B E PE Lee, D.S. PE Lynch, M.D. PE McCarley,J.D. PLS McMillin A.T. PE Rowland, K.B. PE Wilson, K.W. PE Senior Protect Brown, D.L. Cummings S.W Davis, W.D. Fish, R.A. Fulmer, G.A. Haynes, S.L. Larson, A.T. Ruck, W.E. Ruddell, J.H. Tiner, N.D. Watkins, J.T. Wilbourn, D.C. Engineer Project Architect Lebovitz, P.A PE PE PE PE PE PE PE PE,RLS PE PE PE PE Project Engineer Allen, J.Q. PE Brashear, J.N. PE Catlett,W.C. PE Farmer, E.C. PE Mott Jr.; W.E. PE Senior Design Engineer Barr, J.L. PE Elkhair', A.S. PE Garner, D. M. PE Garvin, D. D. PE Hammons, R.C. PE Harrison,J.Matt PE Leone, C.G. PE McEntire, W.M. PE Parker, C.G. PE Watt,C.J. PE Sr. Construction Engineer Morris, J. C. PE Stengel, M.H. El Construction Engineer Isbell, G. D. El (Nville) (Nville) (Nville) (Tulsa) (MAD) (Fville) (Lville) (Hville) (Nville) (Lville) (Nville) (Nville) (Tulsa) (Tulsa) (Tulsa) (Tulsa) (Fville) (Tulsa) Design Enzineer/Deslener Aussieker, B. El Gamer N.H. EI Boos, J. E. EI Britton, S.N. El Brown, B. W. El Carson, D.K. EI Clinehens, C. E EI Deegan,D.W. EI Duden, E.D. EI Falbe, W. R. EI Flood, M A El Garrett, R EI Grant, John Guthrie, K.D. El Hanks, S. N. EI Higgins, Karyn EI Lindley, J. G. EI Mclllwain, F.O. El McNeill, N. S. EI Overstreet, J.K EI Phillips, D. S. EI Shaw, J R EI Spaul, W.H. EI,RLS Storey, G. T. El Teague, E.A. EI Thomsberry, S. El Turner, T. R. El Weindorf, Blake EI Zorn, T. S. EI Environmental Scientist Gates, S.J. Geologist Miller, A.L. PG Network Administrator Taylor, L.D. Whitley, V. Senior Technician Beasley, D.D. Beazley, B.W. Bowen, S.L. Farrar, R.D. Fortner, R.N. Guss, T. F. RLS Hutchinson,D.E. Ketzscher, C.H. Kline, J.E. Kyzer , L.K. Raley, P. S. Rogers, Terry Ross, R.D. Skinner, T.W. Yandell, D.W. RLS Technician Agginie, R.M. Boles, D. S. Bridges, Kyle Brown, M. C. Deck, B E. Delk, J.P. Edwards, D W Erwin, M. C. Garr, C.A. Hibbard, J.D. Jones, K. H. Kuca, R. J. (Tulsa) (Nville) (Fville) (MAD) (Fville) (Tulsa) (MAD) (MAD) (Hville) (Nville) (Lville) (Lville) (Nville) (Nville) (Nville) (Fville) Lawhon, R.D. Leary, D. Loney, T. M. Macom, C.F. Rouse, N.J. Sheridan, P.J. Thomas, C.W. Webb, D. J. Wier, J.M. Williams, H.E. (Tulsa) (MAD) (Tulsa) (Fville) Senior Construction Observer Billing, L.W. Chambless, J.H. Ward, J.W. Construction Observer Beavers, L. R. Evans, D.L. Robinson, W.D. Thompson, R R Survey Coordinator Aston, J.S. PLS Project Surveyor Davis P.E. Party Chief Carpenter, L.W. Caudle, J.T. Mott, W E Warren, G.M. Instrument Man Dinges, A.E. Pierce, C.S. Weston, R.L. Rodman Connolly, J P Cook, M. N. Criss, S.E. Warhurst, J.J Clerical Ballentine,D.L. Bastin, C. Cromer, C.E Fuller, K J Garrett, D. Hall, C.S. Isaacs, S. Jones, D.R. Madden T. B. Morgan, A. N. (Nville) (Hville) (Fville) (Hville) (Lville) (Hville) (Lville) (Hville) (Hville) (Hville) (Fville) (Nville) (Lville) (Tulsa) • 1 4 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this &Say of Oribenti 1999, by and between the City of Fayetteville acting by and through its Mayor, hereinafter called the "OWNER," and with Garver Engineers, with offices located at Fayetteville, Arkansas, hereinafter called the "ENGINEER." WITNESSETH: Whereas, the "OWNER" is planning to construct a library on the property bounded by School Avenue, Rock Street, West Avenue, and Mountain Street, containing approximately three acres; 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 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 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 construction of a library, at the site described above, with the required sitework. 1 SECTION III - INFORMATION & SERVICES The "OWNER" will fumish any standards and other information which may relate to the project including the record description of the property, any record easements affecting the property to which the survey shall make reference, free of charge, to the "ENGINEER". SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING "DESIGN" PHASE Specifically, our scope of seryices is described in the following paragraphs. We will provide a boundary survey, prepare a surveyed description, and a plat of the parcel of land. All of the above will meet Arkansas Minimum Standards for Property Boundary Surveys. We will assist with the reconciliation of any discrepancies between the survey and the legal recorded description. All adjacent property within 50 feet will be included In addition, topographic information is also required and will include the location of all trees, buildings, utilities, sidewalks, streets, etc. A contour map of the site will be produced with contour intervals at one foot intervals. Error will not exceed one-half contour interval At least two permanent benchmarks will be established noting the location and elevation to the nearest 0.01 foot. Spot elevations at each intersection of a 25 -foot (approximate) square grid covering the property and at street intersections, and at 25 feet on center of curbs, sidewalks, and edge of paving will also be provided. Location of buildings, trees over six inches in diameter, utilities both above and below ground (with depths of the below ground and flow lines of any sanitary sewers and storm sewers), and any other topographic features that may be present on the site, will be indicated. All survey data will be tied to the City of Fayetteville's plane coordinate system and all elevations shall be tied to the National Geodetic Vertical Datum (NGVD) 1929. All drawings will be at a scale of 1" = 30'-0" and shall be on 30" x 42" trim size paper with a left binding edge and 3/4" border. We will furnish one (1) reproducible transparency, and three (3) copies of each drawing. Composite drawings of the boundary and topographic information will be produced In addition to the composite drawings, separate plots of (A) boundaries, easements and topographic features without utilities, and (B) boundaries, easements and utilities will be furnished. A digital copy in Autocad Release 14 will also be provided to the Owner. It is also understood that the Owner or the Owner's architect may reproduce the Engineer's drawings without modification and distribute the prints in connection with the use or disposition of the property without incurring compensation to the Engineer. Digital copies of the survey data may also be used as a basis for site planning. 2 Geotechnical data will also be provided. A subconsultant of the Engineer will provide six (6) preliminary soil borings, at least 12 inches into bed rock or hard shale. These borings will be made near each property corner and at locations within the property that will provide a general idea of the location and depth of the rock. A geotechnical report and soil boring log will be furnished. The subconsultant fee is based on boring depths not to exceed 40 feet. SECTION V - COORDINATION WITH "OWNER" - Not Used SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK - Not Used SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION - Not Used. SECTION VIII - FINAL SUBMISSION - Not Used SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES - Not Used 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. SECTION XII - FEES AND PAYMENTS A. "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 168% of direct labor costs, plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1. "Design" phase services (Surveying and Geotechnical Services) not to exceed: $24,964.00 2. Fixed fee for "Design" services: $2,996.00 3. Engineering contract amount for "Design" phase services not to exceed: $27,960.00 3 Geotechnical data will also be provided. A subconsultant of the Engineer will provide six (6) preliminary soil borings, at least 12 inches into bed rock or hard shale. These borings will be made near each property comer and at locations within the property that will provide a general idea of the location and depth of the rock. A geotechnical report and soil boring log will be furnished. The subconsultant fee is based on boring depths not to exceed 40 feet. SECTION V - COORDINATION WITH "OWNER" - Not Used SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK - Not Used SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION - Not Used. SECTION VIII - FINAL SUBMISSION - Not Used SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES - Not Used 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) calendar days of a Notice to Proceed and complete the work within 35 calendar days from the date work begins. SECTION XII - FEES AND PAYMENTS A. "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 168% of direct labor costs, plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1. "Design" phase services (Surveying and Geotechnical Services) not to exceed: $24,964.00 2. Fixed fee for "Design" services: $2,996.00 3. Engineering contract amount for "Design" phase services not to exceed: $27,960.00 3 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council's approval, 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 scope, complexity or character of the services to be performed; or if the "OWNER" decides to shorten the duration of work from the time penod specified in the Agreement for completion of work and such modification warrants such adjustment. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "Engineer." Final payment for Design services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. B. "Bidding" Phase Services - Not Used C. "Construction" Phase Services - Not Used D. "Geotechnical Investigation" Services: Payment for geotechnical investigative services performed under this contract is covered under Part "A" - Design Phase Services E "Special" Services For "Special" services, not described herein, 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 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. 4 Any claim by the "ENGINEER" for adjustment under this clause must be asserted with 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. 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 any time, 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. B 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 fact 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 5