HomeMy WebLinkAbout19-00 RESOLUTION• •
RESOLUTION NO. 19-00
MICROFILMED
A RESOLUTION APPROVING AN AGREEMENT FOR
ENGINEERING SERVICES WITH GARVER ENGINEERS IN
THE AMOUNT OF $29,735 TO PROVIDE SURVEYING
SERVICES FOR THE CITY'S USE TO DESIGN THREE TRAILS
(JOYCE, MUD CREEK AND MUD CREEK TRIBUTARY).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves an agreement for engineering services
with Garver Engineers in the amount of $29,735 to provide surveying services for the city's use to
design three trails (Joyce, Mud Creek and Mud Creek Tributary). A copy of the agreement is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 15th day of February , 2000.
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
STATE OF ARKANSAS
COUNTY OF WASHINGTON
EXHIBIT A
This Agreement entered into and executed this A; day of Fray/2000, by and
between the City of Fayetteville acting by and through its Mayor, hereinaftef called the "OWNER,"
and with Garver Engineers, with offices located at Fayetteville, Arkansas, hereinafter called the
"ENGINEER."
WITNESSETH:
Whereas, the "OWNER" is planning to survey for the design trails at different locations in the Mud
Creek basin, 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 "ENGINEERS" 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 field surveying services for the design of trails (to be designed by the City)
at the following locations:
1. Mud Creek from Mud Creek Tributary east to Old Missouri Road.
2. Joyce Street from Mud Creek Tributary east to Old Missouri Road.
3. Mud Creek/Gulley Park.
1
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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 In general, the scope
will include surveying, data collection, and data transfer for use by the City in the design of the
trails.
Garver Engineers will conduct field surveys consisting of strip topo at approximately 50 -ft
intervals along the designated routes. We will locate existing monumentation, utilities,
improvements, and break lines.
A contour map of each route will be produced with one -foot contour intervals. Error will not
exceed one-half contour interval. At least two permanent control points will be established
utilizing GPS methods noting the coordinates and elevations to the nearest 0.01 foot. Spot
elevations at each intersection of a 50 -ft (approximate) square grid covering the route and at street
intersections, and at 50 feet on center of curbs, sidewalks, and edge of paving will also be provided.
Location of buildings, trees over eight inches in diameter, utilities both above and below ground
(with flow lines of any storm sewers), and any other topographic features that may be present on
the route, 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 we will furnish three (3) copies of each drawing.
A digital copy in Autocad Release 14 will also be provided to the Owner. It is also understood that
the Owner will utilize the Engineer's drawings for the design of the trails.
Trail #2 Gulley Park
Gulley Park to Azalea Terrace.
Surveys will begin at the existing trail in Gulley Park and follow along the south side of Mud
Creek approximately 150 feet wide including two ditches south of Country Way for approximately
1,600 feet to the east side of Azalea Terrace.
Trail #3 Joyce Boulevard
Mud Creek Tributary to Old Missouri Road.
Surveys will begin at the Mud Creek tributary crossing Joyce Boulevard and follow along the north
side of Joyce Boulevard approximately 75 feet wide including all drives for approximately 2,600
2
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feet to the East side of Old Missoun Road.
Trail #4 Mud Creek
Mud Creek Tributary to Old Missouri Road.
Surveys will begin at the Mud Creek tributary and follow along the north side of Mud Creek
approximately 75 feet wide for approximately 3,100 feet to the West side of Old Missouri Road.
Information will include cross-sections of tributary to Joyce Boulevard, and a topo of area for
proposed trail head (approximately 400 ft x 600 ft) on the west side of Old Missouri Road north
of Mud Creek.
GPS data will also be provided. A subconsultant of the Engineer will provide approximately ten
(10) control points for the project. The location of these control points will be determined by the
Engineer to provide stability and visibility. A report will be famished detailing the horizontal and
vertical coordinates as based on the City of Fayetteville's plane coordinate system.
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 75 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 161% of direct labor costs, plus direct reimbursable expenses associated
with the project, plus a fixed fee which are payable as follows:
3
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1. "Design" phase services (Surveying Services)
not to exceed: $25,857.00
2. Fixed fee for "Design" services: $3,878.00
3. Engineering contract amount for "Design" phase
services not to exceed: $29,735.00
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 approximate current 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:
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.
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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 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
5
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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" 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 engineenng practices. All plan quantities
shall be checked and venfied.
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 wntten 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
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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
By:
ATTEST:
By:
ENGINEER
GARVER ENGINEERS
Name of the firm
ATTEST
Authorize
Representative
Appendix A - Page 1 of 2
City of Fayetteville
Fayetteville City Trails
Surveying SeMces
•
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26 -Jan -00
A contour map of each route will be produced with one -foot contour iMervats. Error will not exceed one-half contour Interval.
At least Iwo permanent control points will be established utilizing GPS methods noting the coordinates and elevations to the
nearest 0.01 foot. Spot elevations at each Intersection of a SO -foot approximately square grid covering the route and at
street Intersections, and a150 feet an center of curbs, sidewalks, and edge of paving will also be provided. Location of
building. trees over eight Inches In diameter. utilities both above and below ground (with flow lines of any 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.
Location and Topographic Surveys for Proposed Tra1102 Gulley Park
Trail #2 Gulley Park: Beginning with a topo of area at existing tall in Gulley Park and continue East +/- 150' wide
Inctuding two ditches for +/-1600' to Azalea Terrace.
Total
Project Manager
Project Engineer
Design Engineer
Project Surveyor
Technician/Draftsman
Clerical
3
2
0
0
32
0
1
Survey Crew
Construction Observer
Construction Engineer
4
44
0
0
Location and Topographic Surveys for Proposed TralI#3 North Joyce Boulevard
Trail #3 North Joyce Boulevard: Beginning with a topo of area at existing trail at tributary crossing and Joyce
Boulevard and continue East +1- 75' wide including ail drives for +1-2600' to the East side of Old Missouri Road.
1
Total
Project Manager
Project Engineer
Design Engineer
Project Surveyor
Technidan/Draftsman
Clerical
Survey Crew
Construction Observer
Construction Engineer
2
0
0
44
0
1
58
0
0
2
0
0
44
0
1
58
0
0
Location and Topographic Surveys for Proposed Trail74 Mud Creek
Trail #4 Mud Creek: Beginning with a topo of area at existing trail at tributary and Mud Creek and continue Fast 4/-
75' wide for +1- 3100' to the West side of Old Missouri Road. To Include cross-sections of tributary to Joyce
Boulevard. and a topo 01 area for possible tail head ( +1- 400' x600').
Total
Project Manager
Project Engineer
Design Engineer
Project Surveyor
Technician/Draftsman
Clerical
Survey Crew
Construction Observer
Construction Engineer
4
7
2
0
0
48
0
1
72
0
0
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PROFESSIONAL FEE (profit)
Subtotal - Direct Non -Payroll Costs
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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
January, 2000
$37.00
$30.00
$26.00
$24.00
$22.25
$19.50
$22.25
$21.00
$20.00
$20.00
$18.00
$16.25
$20.00
$19.50
$20.75
N/A
$19.25
$12.00
$11.00
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Charles Venable, Public Works Director
Contract Review
From• Jim Beavers, City Engineers
Date: January 25, 2000
Re: Council Meeting February 15, 2000
Contract for surveying with Garver Engineers
Trails on Mud Creek, Mud Creek Tributary and Joyce
The City of Fayetteville plans to design and construct five trails utilizing City funds and $600,000.00 in
federal funding.
Trail one is Raven Trail and is planned to be between Farr Lane and Katherine Avenue. The design for
trail one has been completed "in-house".
Trail two is planned from Gulley park east to Azalea Terrace on the south side of Mud Creek tributary.
Trail three is planned along the north right-of-way ofJoyce Street from Old Missouri Road west to a
existing trail located south of Joyce along the tributary drainage creek.
Trail four is planned to be on the north side of Mud Creek from Old Missouri Road west to a existing
trail located along Mud Creek starting at the tributary drainage creek. Trail four will include a trail head
at Old Missouri Road.
Trails 2,3 and 4 will be designed by the City "in-house".
Trail five (to be designed by a consultant) is planned for the south and north sides (crossing at planned
development bridges) of Mud Creek west of Highway 71B. This trail will be designed to be adjacent to
floodways and/or wetlands and/or mitigated wetlands for the development (CMN) as designed by the
consultant with involvement of the USACOE and others as applicable.
Page 1 of 2
The federal funding requires that the final designs be submitted to the AHTD no later than October 28,
2000. Due to other ongoing designs the City Engineering cannot preform the field work and surveying
for trails 2,3 and 4 in a timely fashion and requests City Council approval of the attached contract with
Garver Engineers to provide surveying services. The City Engineering office will utilize the surveying
data provided by Garver for the designs of trails 2,3 and 4.
enc:
1. Map
2. Contract
Page 2 of 2
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
For the Fayetteville City Council
FROM•
•
meeting of February 15, 2000
Jim Beavers
Name
Engineering
Division
Public Works
Department
ACTION REQUIRED:
Approval of a contract in the amount of $29,735.00 to Garver Engineers to
provide surveying services for the City's use to design three trails
(Joyce, Mud Creek and Mud Creek Tributary) "in-house".
COST TO CITY:
$29,735
cost of this Request
4470-9470-5814.00
Account Number
99081-1
Project Number
$750,000
Project Budget
0
Funds Used To Date
$750.000
Remaining Balance
Fayetteville
Multi -use Trails
Project Name
Sidewalks/Trails
Program Name
Sales Tax
Fund
BUDGET REVIEW: x Budgeted
17
L4
aco
t Coordinator
Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE/'/' REVIEW:
re
A coup ri
Agcounti g n��g
Ci y Attorney
Purchasing Officer
STAFF RECOMMENDATION
P9 --
/500
Date A
� 3l�OrJ
Date
Date
: Approval
i/LS/tn
Date
Services Director
/-3/-co
Date
'//Date
Date
GRANTING AGENCY:
ernal Auditor
Cross Reference
Date
Date
New Item: Yes
Prev Ord/Res #
Orig Contract Date:
•
STAFF REVIEW FORM
Description Surveying for trails - Garver Engineers
Comments:
Budget Coordinator
Meeting Date February 15 2000
Reference Comments:
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Page 2
FAYETTEVI,LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Jim Beavers, Engineering
From. Heather Woodruff, City Clerk
Date: February 18, 2000
Attached is a copy of the resolution approving an agreement with Garver Engineers for surveying
services. I am also returning two originals for you to distribute. The original will be
microfilmed and filed with the City Clerk.
Your purchase requisition will be forwarded to the Internal Auditor.
It
•
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RESOLUTION NO. 19-00
A RESOLUTION APPROVING AN AGREEMENT FOR
ENGINEERING SERVICES WITH GARVER ENGINEERS IN
THE AMOUNT OF $29,735 TO PROVIDE SURVEYING
SERVICES FOR THE CITY'S USE TO DESIGN THREE TRAILS
(JOYCE, MUD CREEK AND MUD CREEK TRIBUTARY).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves an agreement for engineering services
with Garver Engineers in the amount of $29,735 to provide surveying services for the city's use to
design three trails (Joyce, Mud Creek and Mud Creek Tributary) A copy of the agreement is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 15th day of February , 2000.
Heather Woodruff, City CI