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HomeMy WebLinkAbout30-00 RESOLUTIONRESOLUTION NO. 30-00 MICRO''ITLMED A RESOLUTION APPROVING AN ENGINEERING CONTRACT IN THE AMOUNT NOT TO EXCEED $73,763.99 WITH MILHOLLAND ENGINEERING FOR THE DESIGN OF A MULTI -USE TRAIL ALONG MUD CREEK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves an engineering contract in the amount not to exceed $73,763.99 with Milholland Engineering for the design of a multi -use trail along Mud Creek. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of March , 2000. APPROVED: By: ATTEST: By:-�2i.�.. A/ ( Heather Woodruff, City Cle Fred Hanna, Mayor NAME OF FILE: • K&S. 3&-eofrw/,f442/,A.t.isb /J�1.d �I/Jl�j1(Q ceee (Mal e ?�{4J CROSS REFERENCE: Date Contents of File Initials 3 "Am) /es . 3D- a SX//'B17 i2tf (Yo/JT!{ACT 2-23-0O b7n 5 Jmyoe Amm94 Aconi J »- AAffe,es YNR u C 19AgitEs I/'EE/ARA E 32/-00 .S TAPE QE Jrew ApA h//n 3-:27-0o ,� .0i�/� %4 el/4-'2Es 14- AM& .FAmin A1/47#ae /SAN At 3-,-e?% CD1:72:tycd-n-) 7j1,71.4 /en 14,/yra 1 nehhea- - ,A9-91 /'%Aztimitezz 44t/i ( 7144/4-DD/2/J�501- 00/ • Mai antral" engineering & 8urveging Melvin L. Milholland, PE, PLS REGISTRATIONS: PE: AR, OK, MO (-EX/. PLS: AR, OK ear February 24, 2000 City of Fayetteville Mr. Charles Venable 113 West Mountain Street Fayetteville, Arkansas 72701 RE: ENGINEERING AGREEMENT MUD CREEK MULTI -USE ACCESS TRAIL FAYETTEVILLE, ARKANSAS Dear Mr. Venable: Enclosed are three (3) copies of the revised Engineering Agreement for said Mud Creek Multi - Use Trail. The opportunity to be of assistance is appreciated! Sincerely, Melvin L. Milholland, P , PLS cc: file 205 West Center Street; Fayetteville, Arkansas 72101; Phone: (501) 443-4724; Fax: (501) 443-4707; E-mail: EngrMCOeaol.com A\ EXHIBIT A ENGINEERING SERVICE AGREEMENT FOR MUD CREEK MULTI -USE TRAIL E-576 OWNER: CITY OF FAYETTEVILLE Fred Hanna, Mayor Jim Beavers, Engineer 113 West Mountain Street Fayetteville, Arkansas 72701 Telephone: (501) 575-8330 February 2000 MILHOLLAND COMPANY Engineering & Surveying Melvin L Milholland, PE 205 West Center Street Fayetteville, Arkansas 72701 Telephone: (501) 443-4724 Fax: (501) 443-4707 Email: EngrMCO@,aol.com • • • ;0 1 o CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON EXHIBIT A This Agreement entered into and executed this ,72/ day of /%J,q,°,t,/ 2000, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and Milholland Company, Engineering and Surveying, with offices located in Fayetteville, Arkansas, hereinafter called the "ENGINEER". WITNESSETH: Whereas, the "OWNER" is planning to construct a multi -use hard surface trail; 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. E-576: Mud Creek Multi -Use Trail Page 1 of 12 Revised: February 24, 2000 V 118IHX3 • • h 4 • SECTION II -DESCRIPTION OF THE PROJECT: Professional Services for this Project is for the development and construction of a Hard Surface Multi -Use Trail from the east side of Front Street westerly along Mud Creek through lots 17, 12, 9 and terminate near the western boundary of said Lot 4 of CMN Business Park II, Phases I & II, Fayetteville, Arkansas; Said trail shall be constructed 10 - 14 feet in width located within a combined "Access and utility Easement" 25 feet in width as approved for said CMN Business Park II, Phases I & II, and in particularly as depicted on recorded and filed "Deed Restriction" Documents with Washington County Circuit Clerk's Office and COE, and across the US 71B Right -of -Way. Said trail is to traverse across Mud Creek within said Mall Avenue and the existing Front Street, and shall cross over Steele Boulevard, and shall traverse under the Fulbright Expressway/US 71 B/North College Bridges along the South side of said Creek The anticipated Phases of the Project for which engineering and surveying services are to provided are specifically named, as follows; PHASE No. 1: Design Engineering: Stages within this Phase are as follows; A.) Concept Layout Plan; B.) Preliminary Layout Plan; C.) Collect & Compile Field Data; D.)- Determine the Need for and Initiate Sub -Contracts from Professionals for Specialized Services, such as, Geotechnical, Permit construction in Flood Way, permit for construction on US Highway Right -of -Way; E) Design & Develop Construction Plans and Specifications; F.) Submit Plans and Specifications to OWNER and AHTD for approval; PHASE No. 2: Bids & Award of Contract; PHASE No. 3: Construction Phase Services"; SECTION III - INFORMATION & SERVICES: The "OWNER" will fumish any specifications, standards and other information which may relate to the project including GPS survey data. Aerial mapping data will be provided, free of charge, to the "ENGINEER" on magnetic media. E-576: Mud Creek Multi -Use Trail Page 2 of 12 Revised: February 24, 2000 • • SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING "DESIGN" PHASE: The project will be designed and constructed to meet AASHTO standards in accordance with the 1999 "Guide for the Development of Bicycle Facilities", and other related Standards. Construction specifications shall be based on "Standard Specifications for Highway Construction Edition 1996 of the AHTD" and latest special provisions and City of Fayetteville Specifications relating to the design of this project. The design concept with regard to water and sewer relocations, geometric, detours, right-of-way, utility easements, and other related items shall be submitted by the "ENGINEER" (in the form of a Preliminary Engineering Assessment) and approved by the "OWNER" prior to beginning design work. The "ENGINEER" shall provide all field survey data from field work for designing the project and this shall be tied to the "OWNER'S" GPS control network. Field survey data shall include cross-sections @ 100 LF Stations, plus PC & PT of curves. The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating geotechnical or any other form of data necessary for the design of this project. The "ENGINEER" shall tie control to and referance Wetlands Delinations sites and 100 -year Flood Way & Deed Restricted Boundaries established and recorded during the development of CMN Business Park II, Phases I & II. The "ENGINEER" shall not be required to provide Grading Plans, nor Drainage Studies, as required by City of Fayetteville Development Regulations. The "ENGINEER" shall conduct "Special" Professional Services through the following Sub - Contractors: A.] GEOTECHNICAL: Geotechnical tests for subgrade construction: This will be sub- contracted to a local Professional Materials & Testing Engineer: Grubbs Hoskyn Barton & Wyatt, Inc. provided Milholland Engineers Geotechnical services for the development of CMN Business Park II, therefore, plans are to use said firm on this project, which is primarily within said development; B.] HYDROLOGY: Storm Water Hydraulics Study adequate for Permits from the USDA - Corps -of -Engineers to construct part of project in the Flood way, and to Discharge run-off waters into the Created Wet Lands and across Deed Restricted Boundaries; Garver Engineers provided Milholland Engineers hydraulics for Mud Creek in the development of CMN Business Park II, therefore, plans are to use said firm for this project; C.] ARCHAEOLOGICAL: These services are not anticipated. Should the need arise, a local firm is available which provided services for said CMN Business Park II project; E-576: Mud Creek Multi -Use Trail Page 3 of 12 Revised: February 24, 2000 • • • D.] CULTURAL RESOURCES: These services are not anticipated. Should the need arise, a local firm is available which provided services for said CMN Business Park II project; E.] ENVIRONMENTAL: These services are not anticipated. Should the need arise, a local firm is available which provided services for said CMN Business Park II project; F.] WETLANDS DELINEATION: These services are not anticipated. Should the need arise, a local firm is available which provided services for said CMN Business Park II project; The "ENGINEER" shall provide surveying, mapping, and related services as required to prepare Right -of -Way / Easement documents for the "OWNER'S" use in acquisition activities. The "ENGINEER" shall furnish plans to all utility companies affected by the project and if necessary, shall conduct a coordination meeting among all affected utility companies to enable them to coordinate efforts for the necessary utility relocations. This coordination meeting will take place at the City Engineer's office. During the final "design" phase of the project, the "ENGINEER" shall conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, cost estimates, make final field inspection with "OWNER", make any needed plan changes as a result of the final field inspection and all other work required to advertise and receive bids. Prior to the start of construction, the "ENGINEER" shall establish benchmark for elevation control and tie layout work to Fayetteville's GPS. SECTION V - COORDINATION WITH "OWNER": The "ENGINEER" shall hold 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 and be consistent with the current policies and construction practices of the "OWNER" The "OWNER" 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 VI - OFFICE LOCATION FOR REVIEW OF WORK: Review of the work as it progresses under this Agreement shall be made at the "OWNER'S" conference facilities as directed by the City Public Works Director. E-576: Mud Creek Multi -Use Trail Page 4 of 12 Revised: February 24, 2000 • 4 • • SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION: The "ENGINEER" shall submit two (2) sets of concept plans, two (2) sets of preliminary plans and three (3) sets of the final plans for field inspections. SECTION VIII - FINAL SUBMISSION: The final submission for the construction contract shall consist of the following: A. One (1) copy of all design calculations: A complete drainage study and design calculations in accordance with the City Ordinance is not anticipated for this project. The area within said CMN Business Park II was considered as part of that project's development, and that part within the highway ROW will be designed to AHTD requirements for Permitting; B. Three sets of final plans, contract documents and specifications C. The originals of all drawings, specifications and contract documents. All design drawings on magnetic media shall be submitted on disks compatible with the latest release of AutoCAD software used by the city. D. The estimated cost of construction and a detailed estimate of time in calendar days required for completion of the contract. 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 Contractors 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". ***Refer to SECTION IV— fourth paragraph; E-576: Mud Creek Multi -Use Trail Page 5 of 12 Revised: February 24, 2000 • • 6 • • SECTION XI - TIME OF BEGINNING AND COMPLETION: The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete the plans for bid no later than September 15, 2000. The above completion time is predicated upon the fact that the "OWNER" will cause to be processed approvals of interim work in an expeditious manner 15 days per submittal, AND that the Notice -to -Proceed for the construction contract can be awarded within the six (6) month period following the AHTD approval, AND, that the review, approval & permitting process by other Agencies, Governmental or otherwise, is complete within the above time frame. ENGINEER'S DISCLAIMER: The Engineer shall not be held to the restricting terms of this contract when the process is delayed by means beyond the Engineer's control; SUCH AS, but limited to, Reviewing Agencies, Public or personnel interest, public hearings, COE permitting process, AHTD approval process, Archaeological -Environmental or Cultural Resource concerns, reviews and permitting process, and any other action, which may impede the Engineer's design, bidding and/or construction process. SECTION XII - FEES AND PAYMENTS: WE- A. "DESIGN" PHASE SERVICES: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shalt 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 165 % 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: SUB -TOTAL "DESIGN": APPENDIX "A": $ 50,415.80 1.A. Geotechnical: APPENDIX "D": $ 5,500.00 1.B. Hydrology: APPENDIX "E": $ 3,500.00 SUB -TOTAL $ 59,415.80 2) Fixed fee for "Design" services: 5% of 1.A and 1.B. above, plus 15% of Sub -Total Design $ 8,012.37 TOTAL "DESIGN" $ 67,428.17 3) Reimbursable Expenses: APPENDIX "A-2": $ 900.00 4) Engineering Contract amount for "Design" phase services not to exceed: $ 68,328.17 E-576: Mud Creek Multi -Use Trail Page 6 of 12 Revised: February 24, 2000 • • • • The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council 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 "J" 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: 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 165% of direct labor costs (plus direct reimbursable expenses associated with the project), plus fixed fees which are as follows: 1) "Bidding" phase services costs not to exceed: APPENDIX "B": $ 4,426.80 2) Fixed fee for "Bidding" services: (15%) $ 664.02 3) Reimbursable Expenses: APPENDIX "B-2": $ 345.00 4) Engineering contract amount for "Bidding" phase services not to exceed: $ 5.435.82 The basis for this estimate is Appendix "B". 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 acceptance with the satisfactory completion of the "Construction" phase of the project. 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. Final payment for "Bidding" phase services shall be made upon the "Owner's" approval and acceptance with satisfactory completion of the "Bidding" phase of the project. E-576: Mud Creek Multi -Use Trail Page 7 of 12 Revised: February 24, 2000 • • r • • C. "CONSTRUCTION" PHASE SERVICES: To be included in Contract, Amended prior to Award of Contract. 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 165% 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: *See NOTE Below 2) Fixed fee for "construction" phase services: $ - 0 - 3) Reimbursable Expenses: $ - 0 - 4) Engineering Contract amount for "Construction" phase services not to exceed $ - 0 - (Based upon an assumed construction period not to exceed consecutive calendar days.) *NOTE: "Construction" Phase Services: Section "C" to be negotiated as an "Amendment -to - the Contract" after Bidding Process. The basis for this estimate is Appendix "C". 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 acceptance with the satisfactory completion of the "Construction" phase of the project. D. "GEOTECHNICAL INVESTIGATION" SERVICES: For geotechnical investigative services associated with design, the "OWNER" shall pay the "ENGINEER" on the basis of hourly rates and unit prices set forth in Appendix "D" a fee, not to exceed $5,500.00. The basis of this upper limit and justification for the fee is contained in Appendix "D", attached hereto. E. "HYDROLOGY SERVICES" RELATED TO MUD CREEK BRIDGE AT 71B: For 100 year Flood Way Study & services associated with design, the "OWNER" shall pay the "ENGINEER" on the basis of hourly rates and unit prices set forth in Appendix "E" a fee, not to exceed $3,500.00. The basis of this upper limit and justification for the fee is contained in Appendix "E", attached hereto. F. ARCHAEOLOGICAL• These services are not anticipated. Should the need arise, a local firm is available which provided services for said CMN Business Park II project; G. CULTURAL RESOURCES: These services are not anticipated. Should the need arise, a local firm is available which provided services for said CMN Business Park II project; E-576: Mud Creek Multi -Use Trail Page 8 of 12 Revised: February 24, 2000 • • S • • H. ENVIRONMENTAL: These services are not anticipated. Should the need arise, a local firm is available which provided services for said CMN Business Park II project; I. WETLANDS DELINEATION: These services are not anticipated. Should the need arise, a local firm is available which provided services for said CMN Business Park II project; E. "SPECIAL" SERVICES: For "Special" services, such as preparation of detailed easements and/or construction staking, the "OWNER" shall pay the "ENGINEER" as follows: 1) For "Easement" preparation services, the "OWNER" shall pay the "ENGINEER" an estimated fee of $1,000.00 per location with the final negotiated fee for easement preparation to be determined after the completion of an Ownership Map and Preliminary Engineering. Easements into or adjacent to Deed Restricted areas may require other documents to be revised. Fees, as required, by other Professional, such as, Abstractors, Attorneys, etc., shall be in addition to the Engineering Services. 2) For "Construction Staking" services, if authorized in writing separately from this Agreement, the "ENGINEER" shall stake a Construction Baseline consisting of control points, such as, angle points, Point -of -Intersections (PI of Path), intersection with existing streets and Bench Marks (Bms ). This construction staking is to be performed by the "ENGINEER" one time only, with additional staking to be the responsibility of the Contractor. For this work, the "OWNER" shall pay the "ENGINEER" on the basis of actual salary cost for work time directly connected with construction staking, plus payroll additives and general overhead costs of 165 % of direct labor costs, plus direct reimbursable expenses, plus a fixed fee payable as follows: a) "Construction Staking" costs not to exceed: * "See NOTE Below" b) Fixed fee for "construction" phase services: $ -0- c) Reimbursable Expenses: $ - 0 - d) Engineering Contract amount for "Construction" phase services not to exceed $ - 0 - *NOTE: "SPECIAL SERVICES": Section "E.2" to be negotiated as an "Amendment -to -the Contract" after Bidding Process. E-576: Mud Creek Multi -Use Trail Page 9 of 12 Revised: February 24, 2000 • • • • • 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 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 canceled as hereinafter provided. E-576: Mud Creek Multi -Use Trail Page 10 of 12 Revised: February 24, 2000 1 • • • • 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 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. E-576: Mud Creek Multi -Use Trail Page 11 of 12 Revised: February 24, 2000 • • + • 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. OWNER: CITY OF FAYETTEVILLE By: Fred Hanna, Mayor ATTEST: E-576: Mud Creek Multi -Use Trail ENGINEER: MILHOLLAND COMPANY Engineering & Surveying Melvin L. Milholland, Owner Page 12 of 12 Revised: February 24, 2000 MAXIMUM -NOT -TO -EXCEED: 49 N V co10 V 1 V 49 a VV V co co N i (11) V V TOTAL COSTS 1 HOURLY RATE TOTAL HOURS 11 p ENGINEER'S ESTIMATE PLANS/SPEC. APPROVAL PROCESS -LR la DEVELOP CONSTRUCTION PLAN/SPEC. 4) CITY OF FAYETTEVILLE 3) AHTD (R.O.W. & Guide) ry 0 0 m II1) AASHTO GUIDE F) CHECK FOR COMPLIANCE E) DESIGN PATH D) SUB -CONTRACTORS: CORRELATION C) FIELD DATA: COLLECT & COMPILE B) DEVELOP PRELIMINARY PLAN DEVELOP CONCEPT PLAN ENGINEERING SERVICES 6 A O co b o $92.75 CO CO b o -A O 0 0 12.00 10.00 20.00 16.00 _ Ol b 0 0 b 0 20.00 14.00 rn b o 12.00 0 b 0 m z 0 C XI E 0 a $12,040.00 O o N o CO 0 N a 10.00 8.00 16.00 0 20.00 40.00 12.00 6.00 8.00 6.00 m. z 0 9 1 O 40 N V E0 (9 V1 J A 57.00 N O a O Co O 0.00 N O N O m O 20.00 0.00 Co O A O 1.00 ENGR/RLS CAD III TECH II 0 O 0 0 0 0 0 0 0 0 CS CO ti O CO o O W co -4 01 204.00 6.00 12.00 100.00 8.00 2.00 4.00 4.00 N O O 0 8.00 12.00 O) O 0 N 0 0 4. 0) CO N cn o (9 J (N)1 62.00 6.00 CO o a 24.00 2.00! 0.00, N a 2.00 O 2.00 0.00 4.00 N 0 CAD TECH I M So m T 01 $39.75 174.00 0.00 a O 0) O A co 2.00 N O 2.00 20.00 N a a o A o 4.00 0 C 70 - m -< 1 126.00 0.00 0.00 2.00 0.00 0.00 0.00 0.00 0 a Se 63 o •.Ni 01 Iv 0 o a m o CO 0 a m 0 _< 00 9 4. 01 V 00 01 69 A o 01 0 a a 12.00 CO a N a 0.00 0.00 0.00 0.00 A o O a 0 a 2.00 CLERICAL 982.00 43.00 64.00 46.00 0.00 252.00 35.00 TOTALS N O !T o 000 O CON co03 O O O N o CO O co W O v x a 0) m z 0 1 a m co z m z 0 m m 33 0 a m z 0 xwoE crt.aa �a0 x Es ..0 m ma cp N V c r.C c m -1 r r oO cn Di- -I N Z 0 re 0 ma 0 co 0 O = a w z ren x /o as m w'odCO 1< =eD = w (Co an V =5. 1.05. OA) Q0 A co O W V < C v ti `c. 3 Vma• • TOTAL REIMBURSABLE EXPENSES: $900.00 co C co w r m m x m z co m 0) L 'oN 3SVHd ONIU33NION3 NOIS34 -13 m z v S -0E co '' —. w n oIi C m m 0 V 0 � C (1) C m r r o0 (n r o ▪ z -o 0 0 o E D 0 - z mx(o w m os� 3Cesia o j A 5. E V=(0 0"12O03 C • A O 14 v 2 O • v v�. 3..1 1(0 • • IP 71 m o n W 1111 z 0 Field Supplies: Hubs, Iron Pins, Flagging, Lathes, Stakes, Etc. Trip to AHTD © Little Rock Mileage: Mail Costs: 3. Specification Books 2. Blue line Paper & Fluid 1. Plotter Paper & Ink Printing: Long Distance Telephone / Fax Cost ITEMIZED LIST 500 Miles 150 Sheets / Set x 6 = 900 Sheets 10 Sheet Sets x 5 = 50 Sheets 15 Sheets x 4 = 60 Sheets Minute ESTIMATED UNITS 69 NJ o O O • CO 69 o Costx 1.5 UNIT COSI 01.'09 09'09 69 CID Oo b O 69 CV 01 O O 69 -I O EA 0 O O 69 Oco O 69 NO 01 O 69 CO 69 O LESTIMATED COST co C co w r m m x m z co m 0) L 'oN 3SVHd ONIU33NION3 NOIS34 -13 m z v S -0E co '' —. w n oIi C m m 0 V 0 � C (1) C m r r o0 (n r o ▪ z -o 0 0 o E D 0 - z mx(o w m os� 3Cesia o j A 5. E V=(0 0"12O03 C • A O 14 v 2 O • v v�. 3..1 1(0 • • MAXIMUM -NOT -TO -EXCEED: s 0) m z O N m om > 0 am E m O ^ C N at 0 CD O a N N TOTAL COSTS HOURLY RATE TOTAL HOURS G) PRODUCE PLANS & SPECIFICATIONS F) PRE -CONSTRUCTION CONFERENCE E) NOTICE -OF -AWARD D) ENGINEER'S RECOMMENDATION C) ANALYSIS OF BIDS B) CONSULTATION DURING BIDDING ENGINEERING SERVICES ilePREPARATION FOR ADVERTISEMENT a N CO P o $92.75 _ A o O fJ O 1.00 N O 2.00 4.00 ENGR/MGR. V 1.00 N o O oo a -4 b o 29.00, tv O 2.00 N b b 00 12.00 2.00 m z 0 < 9 31 0 03 A m O N -4 A 0 N G 0 2.00 ENGR/RLS III w o o o w o J 01 0.00 0» = O - b OI W o N -4 N O 0) 0) O CAD TECH I V 69 01 Co w CO CO J (ll 2.00 2.00 SURVEYOR 2.00 2.00 CO C a _< N69 A O V N -6 0 >0 03 CO P Of o 69 a d 28.00 L 2.00 2.00 N o 2.00 o 0 O 0 0 CLERICAL I 10.00 a ON) o 83.00 co 0 14.00 5.00 T 0 20.00 m 0 TOTALS 13.00 s 0) m 9 N 03 v co Qo a v 0 m 0 0 z -I «8» XION3ddV s.E c ° v sSi G m • mm� oc V of c m ✓ r 0 0 at - m Z CD v00 o 0 0 N fD D pmt .Ni Z m om 'e 7 00co 03 -, 0NtO O p _ Q° A• X O W v C fD O O O 3 3.110 • • w 0 N tp CD in o C) 3'CD 0 a CD 1 mn N •1 1 °'. 71 ei 44 = a wm r x 0 r r Z 0 0 0 Z m to co N • • 0 REIM C) Crj Specification / Bid Books: 10 Sets 10 Sets: [ City (1), AHTD (2), MCO (2), Bidders (5) = 10 Sets ] Plotter Set ITEMIZED LIST 10 x 250 = 2,500 Sheets 10 x 14 = 140 Sheets 25 Sheets ESTIMATED UNITS LASES o o y' 0 UNIT COST o o 49 U1 o 00'09Z$ 01 o ESTIMATED COST o o w 0 N tp CD in o C) 3'CD 0 a CD 1 mn N •1 1 °'. 71 ei 44 = a wm r x 0 r r Z 0 0 0 Z m to co N • •