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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 • • / CA 0 0 § / 3 2 - /7 as /z \\ /07 0>0 �Em c7 §/ J§ 2@ e 2 e m > o 0 cm § :, k \ « ] m \ \ ) § § m ` / / ) # [ - ( c f mm /�- > M f 2 § 2 § ; ) § / ) k CD Z CD ^ `) \ \ } § m pp p ( § 2 / 5. \ ) 2 k 69 69 x 69 a to �CD \ { | g No f ) # 69 69 tO CA ou _-V■ § (o§ z -�n 9zm .. , @ m §MX z -]cto k. / ] m z m F C § rn § 4 x §R �/Z /2§ u�1 2§z m C3 §aim .. .-. - I � 0 #mac o§�� 0 j oo 3-4e2 APPENDIX "D" GEOTECHNICAL INVESTIGATING SERVICES (See Attached Sub -Contract Cost Items) Sub -Contractor: Grubbs, Hoskyn, Barton & Wyatt, Inc. .L Grubbs, Hoskyr I P.O. Box 1248 Barton & Wyatt. I N C. Springdale. Arkansas 72765 202 Greg Street 72764 CONSULTING ENGINEERS (501)756-5999 • FAX (501) 756-1749 February 7, 2000 Proposal No. SPOO-016 Mr. Mel Milholland, P.E. Milholland Company 205 West Center Street Fayetteville, Arkansas 72701 SUBJECT: PROPOSAL FOR GEOTECHNICAL EXPLORATION MUD CREEK MULTI -USE PATH FAYETTEVILLE, ARKANSAS Mr. Milholland: In compliance with your request, we submit this proposal to perform a geotechnical exploration for the proposed Mud Creek Multi -Use Path which is • to be constructed in the CMN Business.Park in Fayetteville, Arkansas. This proposal contains our understanding of the project, the proposed scope of work, an estimate of the cost of the study, and the schedule within which the work can be performed. PROJECT INFORMATION We understand the Mud Creek Multi -Use Path will begin on the east side of US 71 B and extend westward through the CMN Business Park parallel to Mud Creek. The total length of the project is approximately 4500 ft. We understand the path is to have a width of 15 ft. and will be subject to occasional light truck traffic. It is also understood that the wearing C Geotechnical and Materials Engineering/Construction Surveillance Grubbs, Hoskyn, on & Wyatt, Inc. • February 7, 2000 Proposal No. SP00-016 Page 2 of 5 surface of the pavement structure is to be asphaltic concrete. The multi -use path is to be constructed in compliance with City of Fayetteville codes. GEOTECHNICAL EXPLORATION The proposed exploration for the project requires site specific collection of subsurface data and characterization of the engineering properties of the soils. A professional engineer registered in the State of Arkansas who specializes in geotechnical engineering will direct and supervise the proposed study. We propose to dig ten (10) test pits along the horizontal alignment of the path. The test pits are planned for a maximum depth of six (6) feet below the planned pavement surface. The planned depth should be adequate to provide necessary design criteria unless some unusual conditions are encountered. Disturbed bulk soil samples will be obtained from each test pit. At completion of the test pit excavations, the recovered soil samples will be transported to our laboratory where they will be further examined by a geotechnical engineer and visually classified according to the Unified Soil Classification System. The engineer will select samples for laboratory testing. The numbers and types of laboratory tests required to adequately evaluate the soils cannot be precisely determined in advance. However, we 0 expect the laboratory testing work will include Atterberg limits tests, soil Grubbs, Hoskyn, ton & Wyatt, Inc. • February 7, 2000 Proposal No. SP00-016 Page 3 of 5 shear strength tests, sieve gradations, insitu moisture contents, moisture. density relations tests, and California Bearing Ratio (CBR) tests. The laboratory testing will provide the index properties and strength characteristics necessary to develop pavement section thicknesses. The written report will include the following: • A brief review of the test procedures and the results of all testing performed; • A review of the subsurface stratigraphy with pertinent physical properties available; • Recommendations for construction of earthworks; and • Recommendations for pavement section thicknesses and pavement subgrade preparation. The assessment of site environmental conditions and the presence of pollutants in the soil, rock, or ground water is beyond the proposed scope of this geotechnical exploration. ESTIMATED FEES Charges for the outlined services will be based on the enclosed Schedule of Fees. Your attention is directed to the General Conditions on Schedule 40.01 (Mar 99). If liability coverage in excess of the shown in Item 3.3 is desired, please so indicate. We estimate the cost of the exploration will be approximately $5500 depending on the soil conditions encountered. This estimate is based on Grubbs, Hoskyn, Bon & Wyatt, Inc. • February 7, 2000 Proposal No. SP00-016 Page 4 of 5 approximately $1200 for engineer field time and test pit excavation, $3400 for laboratory testing, $800 for engineering analysis, and $100 for report preparation and reproduction. SCHEDULE Based on our current project schedules and favorable weather, we can begin the project within five (5) working days after we receive written authorization. We expect the project to take approximately four (4) weeks to complete. We can normally provide preliminary verbal recommendations as soon as field and laboratory testing have been completed. ATHORIZATION If this proposal is satisfactory to you, please sign one of the enclosed • copies and return it to our office. We appreciate your consideration of Grubbs, Hoskyn, Barton & Wyatt, Inc. for this work and look forward to working as your geotechnical consultant on this and future projects. Sincerely, GRUBBS, HOSKYN, BARTON & WYATT, INC. James R. Pennington, P.E. Manager of Springdale Office 0 Grubbs, Hoskyn, Bar'Fon & Wyatt, Inc. • February 7, 2000 Proposal No. SPOO-016 Page 5 of 5 JRP/kdc Attachments: Schedule 40.01 (Mar 99) Schedule 42.04 (Jan 99) Schedule 43.04 (Jan 99) Copies Submitted: Milholland Company (2) Attn: Mr. Mel Milholland Proposal Accepted: Company Date By Special Instructions: Title r1 LA • 0 Garver, Inc. Engineers ._� 1010 Battery Street • P.O. Box 50 Little Rock, Arkansas 72203-0050 501-376-3633 FAX 501-372-8042 www.garverinc.com GARVER ENGINEERS February 7, 2000 Client: Mr. Mel Milholland Milholland Engineering & Surveying 205 West Center Street Fayetteville, Arkansas 72701 Re: Proposal for Engineering Services for the Hydraulic Analyses of Proposed Walkway under Highway 71 bridges over Mud Creek. Dear Mr. Milholland: • As you requested, we are furnishing this proposal to provide engineering services related to the hydraulic evaluation of a proposed walkway under the existing bridges at US Highway 71 over Mud Creek in Fayetteville, Arkansas. We have developed this fee proposal to provide, for an hourly rate plus expenses fee, the basic services defined below. This proposal is based upon the Client providing the details of the proposed walkway, including alignment, profile grade, and details and any survey data required to model the proposed walkway in the current Mud Creek HEC-RAS model. BASIC SERVICES: We anticipate the following basic services to be provided for an hourly fee plus expenses based on the Hourly Rate Schedule attached. We estimate the cost of the following services should not exceed $3,500. A. Hydraulic Analysis for a Walkway proposed to be constructed under the existing bridges at US 71 over Mud Creek in Fayetteville, Arkansas: Garver will incorporate the proposed walkway into the existing Mud Creek HEC- RAS model at three bridges, approximately twelve (12) cross sections from just upstream of the northbound lane of US Highway 71 b to just downstream of the southbound lane of US Highway 71b. • 2. Garver will perform HEC-RAS analyses of the revised model to demonstrate the effects of the proposed walkway that can be expected for the 100 -year flood event. Garver will evaluate the increased flooding potential with regard to the Clients' Brentwood, TN • Fayetteville. AR • Huntsville, AL • Jackson. NS • Little Rock, AR • Tulsa, OK • Page 2 Milholland Engineering & Surveying February 7, 2000 property and other property. The results of this evaluation will be provided to Millholland Engineers for their use. As requested, we are enclosing a copy of the rate schedule for the type of personnel anticipated to perform the proposed services. We are also attaching a copy of our Standard Fee and General agreement for Engineering Services. The total number of pages of this proposal is four (4). We look forward a continued working relationship with you. You may authorize us to begin our services by signing this proposal and faxing an executed copy to us. PROPOSED BY: Garver Enginee •A. Tom Larson, PE Herbert J. P er, PE Associate Vice President ACCEPTED BY: Milholland Engineering & Surveying Date Signature and Title Enclosures cc: WBJ, MJG, HIP, ATL L:\99-2000\CORRESPD\Walkway.ltr contract.doc Garver Engineers Standard Fees and General Conditions For Engineering Services 1. Professional Services and Fees February 7, 2000 1.1 Reports, Surveys and Detailed Plan Preparation. Fees for our professional services are based on the time of professional, technical and clerical personnel directly charged to the project. The Job Classification -Hourly Rate Schedule for engineering, technical, and clerical personnel is shown on Page 2. 1.2 Reimbursable Expenses. Expenses other than salary costs that are directly attributable to performance of our professional services are billed as follows: a) for reports and plan reproduction by our graphics department, charges equivalent to commercial rates for commercial services; schedule available on request. b) for transportation in our company vehicles, $0.35 per mile for survey party vans and $0.30 per mile for other vehicles. c) for computer aided drafting equipment, $12.00 per hour. d) for all other expenses, including but not limited to computer use, authorized travel, subcontracts, consulting fees, long distance communications, outside reproduction and mailing expense, all at direct cost. • 1.3 Adjustments to Fee Schedule. The fee schedule shown on Page 2 reflects our pay rates currently in effect. For projects which cover a time period greater than three months these rates will be subject to adjustment to reflect any changes in our pay rates which may occur. 2. General Conditions 2.1 Payment. Invoices will be submitted monthly for services rendered and payments will be due within 30 days after receipt of invoice. An additional charge of eight tenths (0.8) of one percent per month, simple interest, will be made against any account outstanding more than sixty days from date of invoice. 2.2 Records. All pertinent records pertaining to services provided hereunder will be retained for two years beyond completion. Client may have access to such records during regular business hours. Construction plans may not be reused at other sites or locations without express consent of the Engineer. 2.3 Right -of -Entry. Client shall be responsible for providing for right -of -entry on private property. 2.4 Insurance. We will carry the following insurance: Workmen's Compensation, Professional Liability, General Liability and Comprehensive Automobile Liability. We will furnish certificates of insurance on request. cn cn n n > m m m D D w > > z z o o 10,0 9 m (7 70 \ O O 11 mn C) O z O m a fn a 69 es a bet a 1 ..a 1 1 CO O (77 O (37 (J7 1 O U7 N N O N O O O O (31 (310(3100 O O O O J 00 O C C m x x x x x x x x x N N N N N N) N) N N (37 (O77 (OJ7 (O1 (O1 ()I CO77 (O37 (O37 O m m a a N N W N ((11 J (D a J O v (0 (0 v O N O O O O CJ7 (J7 (T (37 01 v m z xnoE 0 C '< go O Z Pm m� W V 01 r �-i C N m -i r Li m r_ OO N r (D Z v nn O (D 0 -e mx (o 3(fl�,'m A A S. 7 ON OA -(a Y • � �7D0c O W V < v v.. C 3 mom FAYETTEV�x�LE � 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: February 23, 2000 Re: Council Meeting March 21, 2000 Contract for design and construction management - Milholland Engineering - Multi -use trail on Mud Creek The City of Fayetteville plans to design and construct five trails utilizing $150,000.00 in City funds and $600,000.00 in Federal funding. Four of the trails will be designed "in-house" and one trail is proposed to be contracted. Trail number five is proposed 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. Due to Milholland's previous work with the Corps of Engineers and others in the wetlands mitigation for the CMN project, trail number five is proposed to be designed by Milholland Engineering. The proposed contact includes: Design $68,328.17 Bidding and award $5.435.82 total this contract $73,763.99 The construction management and construction staking will be negotiated after final design. enc: 1. Map 2. Contract (copy, originals with City Clerk) Page l of 1 IYd1I Ae519n 6,f Mil600 FAYETTEVILLEOUADRANGLE e�P / ARKANSAS —WASHINGTON CO. JoyLC Bt d 7.5 MINUTE SERIES (TOPOGRAPHIC) �5 ROLE, $ 15 Mr. - 94°071301/ '96 SPRIN DALE 4.6 MI. 98 1 370000 FEET r-3 6 0 713 011 / \m — �. -.. Joh on _ 4 �j� /zoo r ri3;� Y' G5 ; rte: -. 3 I -e. Jeuc � jj � ii 251 BM x 6 'Jo Course 199 ,25 Cr ti O l \ f am_... "'J j/zss r,ve'T1 ter T Y / / ^, \ � It x O J r Trailer 61 34H. y} ' C Park /225 ' 'Ca Scp AL II I. I' wi _i 1/dl/ 'T I. I. Nwa 6 i 650000 FEET �• rall+2 95 T. 17 N. Lw ° hW mJ Zj �Qllal tJ' 1' . t sr 51 v a 1 00\ V •" /7 '� I I it� • .. r ..' ill— ..� .. i . 0 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 I• CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this day of 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: n 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 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 furnish 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. r lJ 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. I• 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 UPS. 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 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 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: 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 ----------$ 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:------------------------- $68328.17 • E-576: Mud Creek Multi -Use Trail Page 6 of 12 Revised: February 24, 2000 • • I 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 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. "HYDROLOGYSER VICES" RELA TED 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 I 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 I• El 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 I• I• 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 - 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 0 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 Engineering & Surveying By: B red Hanna, Mayor Melvin L. Milholland, Owner ENGINEER: MILHOLLAND COMPANY ATTEST: City Clerk ATTE S T: `-� CCGt.� Gf/IvtR� Witness E-576: Mud Creek Multi -Use Trail Page 12 of 12 Revised: February 24, 2000 x C U 0 0 x m m v 01 v V'^ co 1 v C', z U 0x >0 r nm Mm C 1 Vt Z� v -4 x - a O T m 0 O m cam O 0 O m " m z c A N ! vD S m O > 0 m N m < < c z o j = z z m 1 O N O n o m m m m O m o m zoo O O H N D y o O l T 70 o z H m CO (fl n T b p D D > o C) m n 0 D C O S D m 0 p m o -0 3 v 00 rn v op m C r D -Di O <mc) E C) m <D 1 m z n v F °° -<m r O m O v z v Z m 0 5> O v z m Z co O m Cl) v s n m z u. -s0 a < 9 (p cc a, ! ! ! IU ! J N J ! W N N O N O O W O) m O a O N O 0 6) O J O O O O O O 00 000 O 9 O (P O O O O O O O O O O O O O m z d, N -r N 0 a T' O O OD N O 00 T m N m m W O O O O G C G O O O O O a a O 2 O a O O O O 0 O 0 0 0 0 0 0 0 m z w - O s to 69 r J V Na a OJ O N N W O O a ! 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K)m ■ �f>cn CD -'o ° k§�� S 3qe2 r \ CD \ 0 k \ g 3 2 \ § \ z \ \ § \ ■ & 0 0 0 m k Co § '3 0* >O Em \/ J 4@ 2 e 2 o # , 0 8; 0fl i 3 f\ 0§ §§ § - ( - \ \ [ m o ° ) ) ( - O 2 O O ® ! 2 § e e m \ \ m ( z { ® § o o 69 G9 Nj - - - �m x ED m <E G m § On, } BQ //m ) %L■ C �F § - / § m Cl) m § `/ 0 • m m m C « Ca\ . ; x v q - ■ = mc §/ -to X00 =mO _| o �mz mx _| CD m §e�2 _21<E m b CD o _ Iq-.. -w■Co nap r�>c -4 Oa -Jo 0 w4 �-4-LCD APPENDIX "D" GEOTECHNICAL INVESTIGATING SERVICES (See Attached Sub -Contract Cost Items) Sub -Contractor: Grubbs, Hoskyn, Barton & Wyatt, Inc. I0 .l. Grubbs, Hoskyn.* Barton &Wyatt, INC. CONSULTING ENGINEERS February 7, 2000 Proposal No. SP00-016 Mr. Mel Milholland, P.E. Milholland Company 205 West Center Street Fayetteville, Arkansas 72701 SUBJECT: PROPOSAL FOR GEOTECHNICAL EXPLORATION MUD CREEK MULTI -USE PATH FAYETTEVILLE, ARKANSAS Mr. Milholland: P.O. Box 1248 Springdale, Arkansas 72765 202 Greg Street 72764 (501) 756-5999 FAX (501) 756-1749 In compliance with your request, we submit this proposal to perform a geotechnical exploration for the proposed Mud Creek Multi -Use Path which is to be constructed in the CMN Business.Park in Fayetteville, Arkansas. This proposal contains our understanding of the project, the proposed scope of work, an estimate of the cost of the study, and the schedule within which the work can be performed. PROJECT INFORMATION We understand the Mud Creek Multi -Use Path will begin on the east side of US 71 B and extend westward through the CMN Business Park parallel to Mud Creek. The total length of the project is approximately 4500 ft. We understand the path is to have a width of 15 ft. and will be subject to occasional light truck traffic. It is also understood that the wearing Geotechnical and Materials Engineering/Construction Surveillance Grubbs, Hoskyn, Bon & Wyatt, Inc. • February 7, 2000 Proposal No. SP00-016 Page 2 of 5 surface of the pavement structure is to be asphaltic concrete. The multi -use path is to be constructed in compliance with City of Fayetteville codes. GEOTECHNICAL EXPLORATION The proposed exploration for the project requires site specific collection of subsurface data and characterization of the engineering properties of the soils. A professional engineer registered in the State of Arkansas who specializes in geotechnical engineering will direct and supervise the proposed study. We propose to dig ten (10) test pits along the horizontal alignment of the path. The test pits are planned for a maximum depth of six (6) feet below the planned pavement surface. The planned depth should be adequate to provide necessary design criteria unless some unusual conditions are encountered. Disturbed bulk soil samples will be obtained from each test pit. At completion of the test pit excavations, the recovered soil samples will be transported to our laboratory where they will be further examined by a geotechnical engineer and visually classified according to the Unified Soil Classification System. The engineer will select samples for laboratory testing. The numbers and types of laboratory tests required to adequately evaluate the soils cannot be precisely determined in advance. However, we I, expect the laboratory testing work will include Atterberg limits tests, soil Grubbs, Hoskyn, Baton & Wyatt, Inc. • February 7, 2000 Proposal No. SPOO-016 Page 3 of 5 shear strength tests, sieve gradations, insitu moisture contents, moisture - density relations tests, and California Bearing Ratio (CBR) tests. The laboratory testing will provide the index properties and strength characteristics necessary to develop pavement section thicknesses. The written report will include the following: • A brief review of the test procedures and the results of all testing performed; • A review of the subsurface stratigraphy with pertinent physical properties available; • Recommendations for construction of earthworks; and • Recommendations for pavement section thicknesses and pavement subgrade preparation. The assessment of site environmental conditions and the presence of pollutants in the soil, rock, or ground water is beyond the proposed scope of this geotechnical exploration. ESTIMATED FEES Charges for the outlined services will be based on the enclosed Schedule of Fees. Your attention is directed to the General Conditions on Schedule 40.01 (Mar 99). If liability coverage in excess of the shown in Item 3.3 is desired, please so indicate. We estimate the cost of the exploration will be approximately $5500 depending on the soil conditions encountered. This estimate is based on It It Grubbs, Hoskyn, Barton & Wyatt, Inc. • February 7. 2000 Proposal No. SP00-016 Page 4 of 5 approximately $1200 for engineer field time and test pit excavation, $3400 for laboratory testing, $800 for engineering analysis, and $100 for report preparation and reproduction. SCHEDULE Based on our current project schedules and favorable weather, we can begin the project within five (5) working days after we receive written authorization. We expect the project to take approximately four (4) weeks to complete. We can normally provide preliminary verbal recommendations as soon as field and laboratory testing have been completed. ATHORIZATION If this proposal is satisfactory to you, please sign one of the enclosed copies and return it to our office. We appreciate your consideration of Grubbs, Hoskyn, Barton & Wyatt, Inc. for this work and look forward to working as your geotechnical consultant on this and future projects. Sincerely, GRUBBS, HOSKYN, BARTON & WYATT, INC. James R. Pennington, P.E. Manager of Springdale Office I• I• I• Grubbs, Hoskyn, Bart n & Wyatt, Inc. Proposal No. SPOO-016 JRP/kdc Attachments: Schedule 40.01 (Mar 99) Schedule 42.04 (Jan 99) Schedule 43.04 (Jan 99) Copies Submitted Proposal Accepted: Company By Milholland Company Attn: Mr. Mel Milholland February 7, 2000 Page 5 of 5 (2) Date Special Instructions, Garver, Inc. Engineers 1010 Battery Street P.O. Boxk0 Little Rock. Arkansas 72203-0050 501-376-3633 2 FAX .gary rinc.c r GARVERIENGINEERS www.garverinc.com February 7, 2000 Client: Mr. Mel Milholland Milholland Engineering & Surveying 205 West Center Street Fayetteville, Arkansas 72701 Re: Proposal for Engineering Services for the Hydraulic Analyses of Proposed Walkway under Highway 71 bridges over Mud Creek. Dear Mr. Milholland: 11 I.• As you requested, we are furnishing this proposal to provide engineering services related to the hydraulic evaluation of a proposed walkway under the existing bridges at US Highway 71 over Mud Creek in Fayetteville, Arkansas. We have developed this fee proposal to provide, for an hourly rate plus expenses fee, the basic services defined below. This proposal is based upon the Client providing the details of the proposed walkway, including alignment, profile grade, and details and any survey data required to model the proposed walkway in the current Mud Creek HEC-RAS model. BASIC SERVICES: We anticipate the following basic services to be provided for an hourly fee plus expenses based on the Hourly Rate Schedule attached. We estimate the cost of the following services should not exceed $3,500. A. Hydraulic Analysis for a Walkway proposed to be constructed under the existing bridges at US 71 over Mud Creek in Fayetteville, Arkansas: 1. Garver will incorporate the proposed walkway into the existing Mud Creek HEC- RAS model at three bridges, approximately twelve (12) cross sections from just upstream of the northbound lane of US Highway 71b to just downstream of the southbound lane of US Highway 71b. 2. Garver will perform HEC-RAS analyses of the revised model to demonstrate the effects of the proposed walkway that can be expected for the 100 -year flood event. Garver will evaluate the increased flooding potential with regard to the Clients' Brentwood, TN • Fayetteville, AR • Huntsville, AL • Jackson, MS • Little Rock, AR • Tulsa, OK • Page 2 Milholland Engineering & Surveying February 7, 2000 property and other property. The results of this evaluation will be provided to Millholland Engineers for their use. As requested, we are enclosing a copy of the rate schedule for the type of personnel anticipated to perform the proposed services. We are also attaching a copy of our Standard Fee and General agreement for Engineering Services. The total number of pages of this proposal is four (4). We look forward a continued working relationship with you. You may authorize us to begin our services by signing this proposal and faxing an executed copy to us. PROPOSED BY: Garver Enginee A. Tom Larson, PE Herbert J. P er, PE Associate Vice President ACCEPTED BY: Milholland Engineering & Surveying Date Signature and Title Enclosures cc: WBJ, MJG, HJP, ATL L:199-20001CORRESPD\Walkway.ltr contract.doc I• U -j Garver Engineers Standard Fees and General Conditions For Engineering Services 1. Professional Services and Fees February 7, 2000 1.1 Reports, Surveys and Detailed Plan Preparation. Fees for our professional services are based on the time of professional, technical and clerical personnel directly charged to the project. The Job Classification -Hourly Rate Schedule for engineering, technical, and clerical personnel is shown on Page 2. 1.2 Reimbursable Expenses. Expenses other than salary costs that are directly attributable to performance of our professional services are billed as follows: a) for reports and plan reproduction by our graphics department, charges equivalent to commercial rates for commercial services; schedule available on request. b) for transportation in our company vehicles, $0.35 per mile for survey party vans and $0.30 per mile for other vehicles. c) for computer aided drafting equipment, $12.00 per hour. d) for all other expenses, including but not limited to computer use, authorized travel, subcontracts, consulting fees, long distance communications, outside reproduction and mailing expense, all at direct cost. 1.3 Adjustments to Fee Schedule. The fee schedule shown on Page 2 reflects our pay rates currently in effect. For projects which cover a time period greater than three months these rates will be subject to adjustment to reflect any changes in our pay rates which may occur. 2. General Conditions 2.1 Payment. Invoices will be submitted monthly for services rendered and payments will be due within 30 days after receipt of invoice. An additional charge of eight tenths (0.8) of one percent per month, simple interest, will be made against any account outstanding more than sixty days from date of invoice. 2.2 Records. All pertinent records pertaining to services provided hereunder will be retained for two years beyond completion. Client may have access to such records during regular business hours. Construction plans may not be reused at other sites or locations without express consent of the Engineer. 2.3 Right -of -Entry. Client shall be responsible for providing for right -of -entry on private property. 2.4 Insurance. We will carry the following insurance: Workmen's Compensation, Professional Liability, General Liability and Comprehensive Automobile Liability. We will furnish certificates of insurance on request. C) Cn cn 0 C) 5 m m W 2 0 0 (Q (Q O o CD CD m m m 6 o o o co r n C) C/)—. °. _ _ _ _ < > = (I) n O z 5) m 69 69 69 69 69 69 69 69 a J J -1 1 1 N N 0 O Ul O C.T7 (.71 y CS) C71 N N O N O O b .A O U1 U1 O Cn O O J 00 C r x x x x x x x x x N N N N N N N) N N hbbbbhbb01 O 01 01 U1 CP Cn (71 V1 C)1 0 m m 69 69 69 69 69 a 69 69 N J CO -I 0 CO - O [s) O O 001 (31(3101010001 l0J7 CJJ'1 CJ71 C(A v m v S. ci v V xvE C p C Gov n Ozx mcm (om� N V r c m I • r r,3 0 'CDz — nn 0 =c a y N z rt1xm:< :«m jmaCD wm CD CD = W N -Iv (O Oa -R°A r C 0 W A n V V<• 3 -s(oo xlew/ STAFF REVIEW FORM X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 21. 2000 Jim Beavers Engineering Public Works Name Division Department ACTION REQUIRED: Approval of an engineering contract in the not -to -exceed amount of $73,763.99 with Milholland Engineering for the design and bidding of a multi -use trail along Mud Creek. COST TO CITY: $73.763.99 cost of this Request 4470-9470-5814.00 Account Number 99081-1 Project Number $750,000 Project Budget $29.735 Funds Used To Date $720,265 Remaining Balance ,SrF, Fayetteville RED Multi -use Trails Project Name Sidewalks/Trails Program Name Sales Tax Fund REVIEW: x Budgeted Item _ Budget Adjustment Attached EVI W: Administrative Services Director GRANTING AGENCY: Ac7ou ling a ger at Ap Coordinator JpCity AttoY ey Date Inttrna1 Auditor Purchasing Officer Date STAFF RECOIMIENDATION: Approval 2/23/0a Date 0 g4-1 rr( Dat tor Da e Date Cross Reference New Item: Yes Prev Ord/Res # Orig Contract Date: uate a-O?k o0z) Date Page 2 SPAPP REVIEW PCMD[ Description Mu a tree K Tra i, Meeting Date Marc 6 Z t 'O0 Conents: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEViLLE THE CITY OF FAYETTEVIUE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Charles Venable, Public Works Director From: Heather Woodruff, City Clerk Date: March 27, 2000 Attached is a copy of the Resolution approving the contract with Milholland Engineering. I am also returning two originals for you to distribute. The original will be microfilmed and filed with the City Clerk. cc: Yolanda Fields, Internal Auditor • KlE%L THE CITY OF FAYETTEVILLE, ARKANSAS March 27, 2000 Mr. Melvin L. Milholland, P.E. 205 West Center Street Fayetteville, AR 72701 RE: Engineering Service Agreement for Mud Creek Multi -Use Trail Dear 1VMilholland: Enclosed herewith is a fully executed copy of the subject agreement and a copy of Resolution No. 30-00 for your files. This letter will also serve as the Notice To Proceed on this project within ten days from the date of this letter. In accordance with Sec XI of the contract, the plans shall be complete for bid no later than September 15, 2000. Please indicate the date you begin work in the space below and return a copy to this office. Start of Project Date We look forward to working with you on this project. Yours truly, Charles Venable, P.E. Public Works Director CV: msm enclosure c Don Bunn Jim Beavers Chuck Rutherford Signature F E COPY 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-R257 4A 'AYETTEVILLE VENDOR NO. PURCHASE OO FDD CEQ RECEIVED 37580 Milholland Company JAN 23 2001 ACCTG. DEPT 205 W Center Fayetteville AR 72701 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas 3/29/00 FOB Fyv PURCHASE ORDER # 00-0001350-001 ttyy TERMS NET 30 DAY Unit Dry. of Reeeh ed Account Number Unit Price TOTALS Issue 1.00 JOB a) Design & Bidding of a Multi -Use Trail Along Mud Creek Contract 9752 4470.9470.5814.00 99081 1 HIP TO: Mayor's Ol ice CITY OF FAYEITEVILLE 113W MOUNTAIN FAYEITEVILLE AR 72701 73763.99 73763.99 $73763.99 0k -a -731t3( Sales Tax Total: Venable, C Purchase Order Total: 73763.99 PARTMENT VERIFICATION TE ADD ONALAPPROVAL -1 /1330( CHECK # PT HEAD APPROVAL DOES NOT MEET PURCiASING POLICY IOUNT TO PAY $ 67l•Su CONTRACTPAYMENT OTHER 'VERIFICATION LNG VERIFICATION EVERIFICATION `I'�� PROTECT# yX1�1 THIS PAYMENT$ PREVIOUS PAYMENT(S) $ TURN CHECK TO �'✓-^-�+� TOTAL PYMT(S) $ _ G!] N3 BALANCES DEPT COPY a a f/iLGCand &mpany 61ineerinff & Surveying Melvin L. Milholland, PE/PLS INVOICE REGISTRATIONS: PE: AR, OK, MO PLS: AR, OK City of Fayetteville Project No.: E -576-I Mr. Donald R. Bunn, Assistant Public Works Director 113 West Mountain Street Fayetteville, Arkansas 72701 Date: December 31, 2000 Work Performed: March 21, 2000 through December 31, 2000 PROJECT: MUD CREEK MULTI -USE PATH FAYETTEVILLE, ARKANSAS RE: ENGINEERING DESIGN SERVICES PER SECTION XII OF CONTRACT DESCRIPTION: All Phases of Engineering: Design including Special Services, per Engineering Service Agreement, dated March 21, 2000: DESCRIPTION TOTAL A. "DESIGN" ENGINEERING 1. DESIGN: APPENDIX "A" $60,121.49 I.A. "Geotechnical" Appendix 'D' - $5.5900 x 1.05 $5,869.50 I.B. "Hydrology" Appendix 'E' - $0.00 x 1.05 $0.00 2. TOTAL DESIGN $65,990.99 3. REIMBURSABLE EXPENSES: Appendix "A-2" $708.35 B. "BIDDING" PHASE $0.00 1/2. BIDDING PHASE SERVICES: Appendix "B" $0.00 3. REIMBURSABLE EXPENSES: Appendix "B-2" $0.00 TOTAL DESIGN DUE (Max: $73,763.99 per Resolution No. 30-00) $66,699.34 C. "CONSTRUCTION" PHASE (To Be Negotiated) D.&E: "GEOTECHNICAL & HYDROLOGY: See A.I.A. and A.I.B. above F. "ARCHAEOLOGICAL SERVICES" G. "CULTURAL RESOURCES" H. "ENVIRONMENTAL SERVICES" I. "WETLANDS DELINEATION" J. "SPECIAL SERVICES" (SHOWN AS `E') $2,835.26 TOTAL DUE TO DATE $69,534.60 Less Previous Payments $0.00 AMOUNT NOW DUE $69,534.60 THANK YOU! cc: Chuck Rutherford F /6'6�,1Q�� 3 20S West Center Street; Fayetteville, Arkansas 72701; Phone: (501) 443-4724; Fax: (501) 443-4707; E-mail: En¢rMC0(E aol.com D U) Z O a to 40 0-.I co - a J 4O W m m o 0 m m. 0 0 m _ . 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I N C. CONSULTING ENGINEERS NOVEMBER 17, 2000 JOB NO.: 00-296 TERMS: PAYMENT DUE UPON RECEIPT TO: REFERENCE: AUTHORIZATION DATE: P.O. Box 55105 Little Rock Arkansas 72215.5105 10501 Stagecoach Road 72209 (501) 455.2536 FAX (501) 455-4137 INVOICE: 00-296 Y MILHOLLAND AND COMPANY ACCOUNTS PAYABLE 205 WEST CENTER FAYETTEVILLE, AR 72701 GEOTECHNICAL INVESTIGATION MUD CREEK BIKE PATH FAYETTEVILLE, AR AUGUST 9, 2000 INVOICE AND STATEMENT AUGUST 9, 2000 THROUGH OCTOBER 1, 2000 ITEM QUANTITY UNITS COST/UNIT COST/ITEM Subsurface Exploration Geotechnical Technician Laboratory Testing Liquid and Plastic Limits Sieve Gradations CBR & Proctor Professional Services & Fees Principal Staff Engineer Report Preparation and Reproduction 20 ft $40.00 $800.00 Subtotal $800.00 14 each $35.00 $490.00 17 each $40.00 $680.00 13 each $205.00 $2,665.00 Subtotal $3,835.00 2.5 hrs $90.00 $225.00 11 hrs $60.00 $660.00 2 hrs $35.00 $70.00 Subtotal $955.00 TOTAL CHARGES: $5,590.00 7 /Ire z� dL) Geotechnical and Materials Engineering / Construction Surveillance •I S RESOLUTION NO. 30-00 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. APPROVE By: Fred Hanna, Mayor ATTEST: V" By Heather Woouff, CitydrCle