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HomeMy WebLinkAbout101-02 RESOLUTION• RESOLUTION NO. 101-02 A RESOLUTION AWARDING A CONTRACT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($275,000.00) TO GARVER ENGINEERS FOR ENGINEERING SERVICES RELATING TO THE ACCELERATED WATERLINE REPLACEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sect -ion 1. That the City Council of Fayetteville, Arkansas, hereby awards a contract in an amount not to exceed Two Hundred Seventy -Five Thousand Dollars ($275,000.00) to Garver Engineers for engineering services relating to the Accelerated Waterline Replacement Project. A copy of which, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 2nd day of July, 2002. r-'VAL 1 ' 'W<WOODRUFF, ty Clerk APPROVED: By • NAME OF FILE: CROSS REFERENCE: Resolution No. 101-02 • 07/02/02 Resolution No. 101-02 07/03/02 Contract with Garver Engineers for professional engineering Services 04/18/02 Departmental Correspondence to Mayor Coody & Fay. City Council Members from Greg Boettcher, Public Works Director, regarding City Council Agenda Item - May 7, 2002 Budget Adjustment - Water & Sewer Division Accelerated Water Main Replacement 05/07/02 Copy of Resolution No. 78-02 04/18/02 Copy of the Budget Adjustment Form 06/18/02 Engineering Division Memo to Mayor Coody thru Greg Boettcher, Public Works Director, from Jim Beavers, City Engineer 07/02/02 Staff Review Form 07/05/02 Memo to Jim Beavers, City Engineer, from Heather Woodruff, City Clerk 07/08/02 Engineering Memo to Heather Woodruff, City Clerk, from Jim Beavers, City Engineer, regarding Resolution No. 101-02; Garver Engineers and Accelerated water line replacement program. NOTES: • • /45 , /0/-0,z STANDARD AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Project No. 02 / 2 5 This is an agreement made as of c7to 2O4?, between the City of Fayetteville, hereinafter called "Owner" and/oi and rver Engineers, hereinafter called the "Engineer". The Owner intends to make improvements to water lines and appurtenances at various locations in Fayetteville, Arkansas. The Engineer will provide engineering and surveying services to allow for these improvements. The Owner and the Engineer in consideration of the mutual covenants in this contract agree in respect of the performance of professional engineering and surveying services by the Engineer and the payment for those services by Owner as set forth below. SECTION 1 - EMPLOYMENT OF THE ENGINEER The Owner agrees to employ the Engineer, and the Engineer agrees to perform professional engineering and surveying services in connection with the proposed improvements as stated in the sections to follow. For having rendered such services, the Owner agrees to pay the Engineer compensation as stated in the sections to follow. All of the engineering and surveying services will be supplied by the Engineer's personnel or personnel under subcontract to the Engineer, as approved by the Owner. SECTION 2 - SCOPE OF SERVICES 2.1 General Generally, the scope of services includes surveying, design, preparation of property acquisition documents, bidding services, and construction support services for improvements to various water lines in Fayetteville. Under this agreement, the City will furnish schematic plans drawn on City mapping for the sections of water lines designated for replacement/improvement. The City will indicate the type and extent of improvements to be designed. The Engineer will accomplish services related to each water line improvement in accordance with task orders negotiated by the City and the Engineer and approved by the Mayor. Each task order will include a specific scope of work and more clearly define the general scope of work elements described below, as appropriate. The project will be designed to meet water standards in accordance with the Owner's Water and other related Standards. 2.2 Surveys The Engineer shall provide all field survey data from field work for designing the project, and this survey shall be tied to the Owner's control network. Water Line Improvements 1 of 7 0206-6500 c o 0: • • • The Engineer will conduct field surveys consisting of cross sections at intervals and for distances each side of the existing water line as appropriate for modeling the existing ground, including locations of any pertinent features or improvements between sections, along the designated route. Buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present on the route, will be located. Control points will be established for use during construction. The Engineer will obtain property record research from an abstractor under a subconsultant agreement with the Engineer. 23 Geotechnical Services The Engineer will be responsible for obtaining, interpreting, and evaluating geotechnical data necessary for the design of this project. The Engineer will subcontract with Grubbs, Hoskyn, Barton & Wyatt for geotechnical work as appropriate. 2.4 Coordination The Engineer will furnish plans to all known utility owners potentially affected by the project at each stage of development. The Engineer shall conduct coordination meetings among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. The Engineer shall also attend coordination meetings with the Owner and others as required. The Engineer will prepare exhibits for these meetings when appropriate. 2.5 Preliminary Design The preliminary design phase submittal will include preliminary typical sections, plan and profile sheets, right-of-way requirements, and an opinion of probable construction cost. The preliminary design phase will represent approximately 60 percent of final construction contract plans This submittal will not include technical specifications or "front end" contract documents. The Engineer will not begin final design until the preliminary design is approved by the Owner in writing. The Engineer will furnish three sets of Preliminary Plans to the Owner and one set to each potentially affected utility company. 2.6 Final Design 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, opinion of probable construction cost, make final field inspection with Owner, make any needed plan changes as a result of the final field inspection and/or special easement acquisition considerations, and all other work required to advertise for bids. Unless the Owner prefers and provides a specific construction contract, the Engineer will furnish an industry standard construction contract form for review by the City Attorney. The Owner will furnish standard technical specifications for water line construction for incorporation into the construction contract documents. The final design submission for the construction contract shall consist of the following: 1. Three sets of final plans, contract documents, and specifications. 2. One set of final plans, contract documents, and specifications to each potentially affected utility company. 3. The originals of all drawings, specifications, and contract documents. 4. Opinion of probable construction cost. Water Line Improvements 2 of 7 0206-6500 • • • 2.7 Property Acquisition Documents The Engineer shall provide mapping as required for preparing Right-of-Way/Easement acquisition documents for the Owner's use in acquiring the property. Documentation will include a key map showing all affected properties and an individual tract map with description of temporary and permanent acquisition for each property. 2.8 Bidding Services During the bidding phase of the project, the Engineer will dispense construction contract documents to prospective bidders (at the approximate cost of reproduction and handling), support the contract documents by preparing addenda as appropriate, participate in a pre-bid meeting if necessary, attend the bid opening, prepare bid tabulation, evaluate bids, recommend award, prepare construction contracts, and issue a Notice to Proceed letter to the Contractor. 2.9 Construction Support Services During the construction phase of work, the Engineer will accomplish the following: 1. Review the Contractor's progress payment requests based on the actual quantities of contract items completed and accepted, and will make a recommendation to the Owner regarding payment. 2. Attend progress/coordination meetings with the Owner/Contractor. 3. Attend preconstruction meeting. 4. Prepare for and attend utilities coordination meeting. 5. Evaluate and respond to construction material submittals and shop drawings. 6. Prepare record drawings. 7. Provide part-time resident construction observation services for the construction contract performance time. 8. Provide survey crew time for field checking quantities, contractor's layout, etc. In performing construction observation services, the Engineer will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor(s); but the Engineer cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor(s) takes or should take. However, if at any time during construction the Engineer observes that the Contractor's work does not comply with the construction contract documents, the Engineer will immediately notify the Contractor of such non- compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. The Engineer will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, the Engineer will notify the Owner immediately, so that appropriate action under the Owner's contract with the Contractor can be taken. 2.10 Extra Work The following items are not included under this agreement but will be considered as extra work: 1. Design of any utilities relocation other than water lines and appurtenances. 2. Payment of agency review or permitting fees or newspaper advertisement fees. 3. Construction materials testing. 4. Wetlands identification or mitigation plans or other work related to environmentally or historically signifcant items. Water Line Improvements 3 of 7 0206-6500 • • • • 2.11 Schedule The Engineer shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with a schedule mutually agreeable to the Owner and the Engineer. SECTION 3 - PAYMENT For the work described under SECTION 2 - SCOPE OF SERVICES (except as may be modified for additional services required), the Owner shall pay the Engineer on an hourly basis. The Engineer will accomplish professional engineering and surveying services at the unburdened salary rates in effect for the Engineer's personnel during the performance of the contract, multiplied by a 3.00 markup for direct and indirect overhead and profit. In addition, reimbursable expenses, including, but not limited to, printing, reproduction, and travel will be billed. The total amount paid to the Engineer under this agreement will not exceed $275,000 without a written amendment approved by the Owner. For informational purposes, a breakdown of the Engineer's approximate hourly costs is included in Appendix A with approximate current hourly rates for each employee classification. Payment will be made by the Owner on a monthly basis, based upon statements submitted by the Engineer to the Owner for the actual expenses incurred by the Engineer directly related to the scope of services described in this agreement. SECTION 4 - OWNER'S RESPONSIBILITIES In connection with the project, the Owner's responsibilities shall include, but not be limited to, the following: 1. Giving thorough consideration to all documents presented by the Engineer and informing the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. 2. Making provision for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary preliminary investigations. 3. Furnishing the Engineer with as -built plans, aerial mapping, etc. SECTION 5 — MISCELLANEOUS 5.1 Instruments of Service The Engineer's instruments of service provided by this agreement consist of the printed hard copy reports, drawings, and specifications issued for the Assignment or Project; whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the Owner, the Engineer will furnish to the Owner both printed hard copies and electronic media. In the event of a conflict in their content, however, the printed hard copies shall take precedence over the electronic media. The Engineer's electronic media are furnished without guarantee of compatibility with the Owner's software or hardware, and the Engineer's sole responsibility for the electronic media is to furnish a replacement for defective disks within thirty (30) days after delivery to the Owner. Water Line Improvements 4 of 7 0206-6500 • • • The Owner is granted ownership of the printed hard copy drawings and specifications and the electronic media but agrees they will only be used in the operation and maintenance of the Project or Assignment for which they were provided. Use of these materials for modification, extension, or expansion of this Project or on any other project, unless under the direction of the Engineer, shall be without liability to the Engineer and the Engineer's consultants. Because data stored in electronic media form can be altered, either intentionally or unintentionally, by transcription, machine error, environmental factors, or by operators, it is agreed that the Owner shall indemnify, defend, save harmless the Engineer, the Engineer's consultants, and the officers and employees of any of them from and against any and all claims, liabilities, damages, losses, and costs, including but not limited to costs of defense, arising out of changes or modifications to the data in electronic media form in the Owner's possession or released to others by the Owner and for any use of the electronic media and printed hard copy drawings and specifications outside the license granted by this provision. 5.2 Opinions of Cost Since the Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, the Engineer's Estimates of Project Costs and Construction Costs provided for herein are to be made on the basis of the Engineer's experience and qualifications and represent the Engineer's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but the Engineer cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from estimates prepared by the Engineer. The Owner understands that the construction cost estimates developed by the Engineer do not establish a limit for the construction contract amount. If the actual amount of the low construction bid exceeds the construction budget established by the Owner, the Engineer will not be required to re -design the project without additional compensation. 5.3 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. 5.4 Claims and Liability The Engineer shall save harmless the Owner from all claim and liability due to its (the Engineer's) activities, or those subcontractors, its agents, or its employees during the time this contract is in force. 5.4 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. 5.5 Engineer's Endorsement The Engineer shall endorse and recommend all plans, specifications, estimates, and engineering data provided under this agreement. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. Water Line Improvements 5 of 7 0206-6500 • • • 5.6 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 and the City Council in advance of the change in scope, price, or fees. Any claim by the Engineer for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Engineer of the notification of change, provided, however, that the Owner, if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. SECTION 6 - CONTROL OF SERVICES This is an Arkansas Contract and in the event of a dispute concerning a question of fact in connection with the provisions of this contract which cannot be disposed of by mutual agreement between the Owner and Engineer, the matter shall be resolved in accordance with the Laws of the State of Arkansas. Should the Owner, for any reason whatsoever, decide to postpone the work at any time, the Owner will notify the Engineer, who will immediately suspend work. Should the Owner decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. This Agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the one (1) party through no fault to the other party. If this Agreement is so terminated, the Engineer shall be paid for the time and materials expended to accomplish the services performed to date, as provided in SECTION III - PAYMENT; however, the Engineer may be required to furnish an accounting of all costs. If the contract is so terminated, the Engineer shall be paid for his time at the rate of 3.00 times the actual salary costs paid to his employees working on the project, and the actual costs of materials and subcontractor costs expended. This Agreement may be terminated for the convenience of the Owner, upon the delivery of written notice to the Engineer. If the contract is so terminated, the Engineer shall be paid for his time at the rate of 3.00 times the actual salary costs paid to the Engineer's employees working on the project, and the actual costs of materials and subcontractor costs expended. Should the Onwer, 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 Onwer 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. Water Line Improvements 6 of 7 0206-6500 • • • SECTION 7 - SUCCESSORS AND ASSIGNS The Owner and the Engineer each bind himself and his successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet, or transfer their interest in this agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. IN TESTIMONY OF WHICH, this instrument has been executed on behalf of the above named Engineer, and has been executed on behalf of the Owner, in two (2) counterparts, each of equal force, on the day and year first above written. OWNER CITY OF FAYETTE . By: ET1 fit h.. I u . r GARVER ENGINEERS By: ock Hoskins, P Vice President ATTEST: Water Line Improvements 7 of 7 0206-6500 • • Appendix A Garver Hourly Rate Schedule Classification Regular Senior Project Manager $ 125.00 Project Manager $ 105.00 Senior Project Engineer $ 85.00 Project Landscape Architect $ 76.00 Project Engineer $ 82.00 Senior Design Engineer $ 77.00 Sr. Construction Engineer $ 69.00 Construction Engineer $ 60.00 Design Engineer/Designer $ 62.00 Environmental Scientist $ 73.00 CADD Administrator $ 77.00 Senior CADD Technician $ 62.00 Automation & Control Specialist $ 91.00 CADD Technician $ 54.00 Senior Construction Observer $ 66.00 Construction Observer $ 50.00 Survey Coordinator $ 60.00 Party Chief $ 55.00 Instrument Man $ 33.00 Rodman $ 29.00 Clerical $ 38.00 Project Surveyor $ 70.00 2 -Man Crew (Survey) $ 125.00 3 -Man Crew (Survey) $ 150.00 2 -Man Crew (GPS Survey) $ 140.00 3 -Man Crew (GPS Survey) $ 175.00 Note: These rates are subject to change October 1, 2002. • • • • STANDARD AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Project No. This is an agreement made as of Fayetteville and Garver Engineers. 94 z , 200i, between the City of The City of Fayetteville intends to make improvements to water lines and appurtenances at various locations in Fayetteville, Arkansas. Garver Engineers will provide engineering and surveying services to allow for these improvements. The City of Fayetteville and Garver Engineers in consideration of the mutual covenants in this contract agree in respect of the performance of professional engineering and surveying services by Garver Engineers and the payment for those services by City of Fayetteville as set forth below. SECTION 1 - EMPLOYMENT OF GARVER ENGINEERS The City of Fayetteville agrees to employ Garver Engineers, and Garver Engineers agrees to perform professional engineering and surveying services in connection with the proposed improvements as stated in the sections to follow. For having rendered such services, the City of Fayetteville agrees to pay Garver Engineers compensation as stated in the sections to follow. All of the engineering and surveying services will be supplied by Garver Engineers's personnel or personnel under subcontract to Garver Engineers, as approved by the City of Fayetteville. SECTION 2 - SCOPE OF SERVICES 2.1 General Generally, the scope of services includes surveying, design, preparation of property acquisition documents, bidding services, and construction support services for improvements to various water lines in Fayetteville. Under this agreement, the City will furnish schematic plans drawn on City mapping for the sections of water lines designated for replacement/improvement. The City will indicate the type and extent of improvements to be designed. Garver Engineers will accomplish services related to each water line improvement in accordance with task orders negotiated by the City and Garver Engineers and approved by the Mayor. Each task order will include a specific scope of work and more clearly define the general scope of work elements described below, as appropriate. The project will be designed to meet water standards in accordance with the City of Fayetteville's Water and other related Standards. 2.2 Surveys Garver Engineers will provide all field survey data from field work for designing the project, and this survey will be tied to the City of Fayetteville's control network. Garver Engineers will conduct field surveys consisting of cross sections at intervals and for distances each side of the existing water line as appropriate for modeling the existing ground, including locations Water Line Improvements 1 of 7 0296-3500 • • of any pertinent features or improvements between sections, along the designated route. Buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present on the route, will be located. Control points will be established for use during construction. Garver Engineers will obtain property record research from an abstractor under a subconsultant agreement with Garver Engineers. 23 Geotechnical Services Garver Engineers will be responsible for obtaining, interpreting, and evaluating geotechnical data necessary for the design of this project. Garver Engineers will subcontract with Grubbs, Hoskyn, Barton & Wyatt for geotechnical work as appropriate. 2.4 Coordination Garver Engineers will furnish plans to all known utility owners potentially affected by the project at each stage of development. Garver Engineers will conduct coordination meetings among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. Garver Engineers will also attend coordination meetings with the City of Fayetteville and others as required. Garver Engineers will prepare exhibits for these meetings when appropriate. 2.5 Preliminary Design The preliminary design phase submittal will include preliminary typical sections, plan and profile sheets, right-of-way requirements, and an opinion of probable construction cost. The preliminary design phase will represent approximately 60 percent of final construction contract plans. This submittal will not include technical specifications or "front end" contract documents. Garver Engineers will not begin final design until the preliminary design is approved by the City of Fayetteville in writing. Garver Engineers will furnish three sets of Preliminary Plans to the City of Fayetteville and one set to each potentially affected utility company. 2.6 Final Design During the final design phase of the project, Garver Engineers will conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, opinion of probable construction cost, make final field inspection with City of Fayetteville, make any needed plan changes as a result of the final field inspection and/or special easement acquisition considerations, and all other work required to advertise for bids. Unless the City of Fayetteville prefers and provides a specific construction contract, Garver Engineers will furnish an industry standard construction contract form for review by the City Attorney. The City of Fayetteville will furnish standard technical specifications for water line construction for incorporation into the construction contract documents. The final design submission for the construction contract will consist of the following: 1. Three sets of final plans, contract documents, and specifications. 2. One set of final plans, contract documents, and specifications to each potentially affected utility company. 3. The originals of all drawings, specifications, and contract documents. 4. Opinion of probable construction cost. Water Line Improvements 2 of 7 0296-3500 • • • • 2.7 Property Acquisition Documents Garver Engineers will provide mapping as required for preparing Right-of-Way/Easement acquisition documents for the City of Fayetteville's use in acquiring the property. Documentation will include a key map showing all affected properties and an individual tract map with description of temporary and permanent acquisition for each property. 2.8 Bidding Services During the bidding phase of the project, Garver Engineers will dispense construction contract documents to prospective bidders (at the approximate cost of reproduction and handling), support the contract documents by preparing addenda as appropriate, participate in a pre-bid meeting if necessary, attend the bid opening, prepare bid tabulation, evaluate bids, recommend award, prepare construction contracts, and issue a Notice to Proceed letter to the Contractor. 2.9 Construction Support Services During the construction phase of work, Garver Engineers will accomplish the following: 1. Review the Contractor's progress payment requests based on the actual quantities of contract items completed and accepted, and will make a recommendation to the City of Fayetteville regarding payment. 2. Attend progress/coordination meetings with the City of Fayetteville/Contractor. 3. Attend preconstruction meeting. 4. Prepare for and attend utilities coordination meeting. 5. Evaluate and respond to construction material submittals and shop drawings. 6. Prepare record drawings. 7. Provide part-time resident construction observation services for the construction contract performance time. 8. Provide survey crew time for field checking quantities, contractor's layout, etc. In performing construction observation services, Garver Engineers will endeavor to protect the City of Fayetteville against defects and deficiencies in the work of the Contractor(s); but Garver Engineers cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor(s) takes or should take. However, if at any time during construction Garver Engineers observes that the Contractor's work does not comply with the construction contract documents, Garver Engineers will immediately notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. Garver Engineers will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Garver Engineers will notify the City of Fayetteville immediately, so that appropriate action under the City of Fayetteville's contract with the Contractor can be taken. 2.10 Extra Work The following items are not included under this agreement but will be considered as extra work: 1. Design of any utilities relocation other than water lines and appurtenances. 2. Payment of agency review or permitting fees or newspaper advertisement fees. 3. Construction materials testing. 4. Wetlands identification or mitigation plans or other work related to environmentally or historically signifcant items. Water Line Improvements 3 of 7 0296-3500 • • • 2.11 Schedule Garver Engineers will begin work under this Agreement within ten (10) days of a Notice to Proceed and will complete the work in accordance with a schedule mutually agreeable to the City of Fayetteville and Garver Engineers. SECTION 3 - PAYMENT For the work described under SECTION 2 - SCOPE OF SERVICES (except as may be modified for additional services required), the City of Fayetteville will pay Garver Engineers for time spent on the project, at the unburdened hourly payroll rate during the performance of these services for work time directly connected with work chargeable to the project multiplied by a 3.00 markup for direct and indirect overhead and profit. In addition, the City will pay Garver Engineers for reimbursable expenses, including, but not limited to, printing, reproduction, and travel at an unburdened rate. The total amount paid to Garver Engineers under this agreement will not exceed $275,000 without a written amendment approved by the City of Fayetteville. For informational purposes, a breakdown of Garver Engineers's approximate hourly costs is included in Appendix A with approximate current hourly rates for each employee classification. Payment will be made by the City of Fayetteville on a monthly basis, based upon statements submitted by Garver Engineers to the City of Fayetteville for the actual expenses incurred by Garver Engineers directly related to the scope of services described in this agreement. SECTION 4 - CITY OF FAYETTEVILLE'S RESPONSIBILITIES In connection with the project, the City of Fayetteville's responsibilities will include, but not be limited to, the following: 1. Giving thorough consideration to all documents presented by Garver Engineers and informing Garver Engineers of all decisions within a reasonable time so as not to delay the work of Garver Engineers. 2. Making provision for the employees of Garver Engineers to enter public and private lands as required for Garver Engineers to perform necessary preliminary investigations. 3. Furnishing Garver Engineers with as -built plans, aerial mapping, etc. SECTION 5 — MISCELLANEOUS 5.1 Instruments of Service Garver Engineers's instruments of service provided by this agreement consist of the printed hard copy reports, drawings, and specifications issued for the Assignment or Project; whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the City of Fayetteville, Garver Engineers will furnish to the City of Fayetteville both printed hard copies and electronic media. In the event of a conflict in their content, however, the printed hard copies will take precedence over the electronic media. Garver Engineers's electronic media are furnished without guarantee of compatibility with the City of Water Line Improvements 4 of 7 0296-3500 • • • Fayetteville's software or hardware, and Garver Engineers's sole responsibility for the electronic media is to furnish a replacement for defective disks within thirty (30) days after delivery to the City of Fayetteville. The City of Fayetteville is granted ownership of the printed hard copy drawings and specifications and the electronic media but agrees they will only be used in the operation and maintenance of the Project or Assignment for which they were provided. Use of these materials for modification, extension, or expansion of this Project or on any other project, unless under the direction of Garver Engineers, will be without liability to Garver Engineers and Garver Engineers's consultants. Because data stored in electronic media form can be altered, either intentionally or unintentionally, by transcription, machine error, environmental factors, or by operators, it is agreed that the City of Fayetteville will indemnify, defend, save harmless Garver Engineers, Garver Engineers's consultants, and the officers and employees of any of them from and against any and all claims, liabilities, damages, losses, and costs, including but not limited to costs of defense, arising out of changes or modifications to the data in electronic media form in the City of Fayetteville's possession or released to others by the City of Fayetteville and for any use of the electronic media and printed hard copy drawings and specifications outside the license granted by this provision. 5.2 Opinions of Cost Since Garver Engineers has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Garver Engineers's Estimates of Project Costs and Construction Costs provided for herein are to be made on the basis of Garver Engineers's experience and qualifications and represent Garver Engineers's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but Garver Engineers cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from estimates prepared by Garver Engineers. The City of Fayetteville understands that the construction cost estimates developed by Garver Engineers do not establish a limit for the construction contract amount. If the actual amount of the low construction bid exceeds the construction budget established by the City of Fayetteville, Garver Engineers will not be required to re -design the project without additional compensation. 5.3 Covenant Against Contingent Fees Garver Engineers warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for Garver Engineers 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 Garver Engineers, 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 City of Fayetteville will have the right to annul this contract without liability. 5.4 Claims and Liability Garver Engineers will save harmless the City of Fayetteville from all claim and liability due to its (Garver Engineers's) activities, or those subcontractors, its agents, or its employees during the time this contract is in force. 5.4 Compliance with Laws Garver Engineers will comply with all federal, state and local laws and ordinances applicable to the Water Line Improvements 5 of 7 0296-3500 • • • work. Garver Engineers will be a professional engineer, licensed in the State of Arkansas. 5.5 Engineer's Endorsement Garver Engineers will endorse and recommend all plans, specifications, estimates, and engineering data provided under this agreement. All design will be checked in accordance with accepted engineering practices. All plan quantities will be checked and verified. 5.6 Changes The City of Fayetteville 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 will be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract will be modified in writing accordingly. Changes, modifications or amendments in scope, price, or fees to this contract will not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, price, or fees. Any claim by Garver Engineers for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by Garver Engineers of the notification of change, provided, however, that the City of Fayetteville, 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. 5.7 Arkansas Freedom of Information Act Garver Engineers agrees that it will provide to the City of Fayetteville, at a cost to be agreed upon, all documents in its possession that are, under this Agreement, the property of the City of Fayetteville and which the City of Fayetteville believes to be subject to an Arkansas Freedom of Information Act request made to it, or, in anticipation of such a request, which it believes necessary for it to possess. Garver Engineers further agrees that it will request of all subconsultants, retained by Garver Engineers to perform services under this Agreement, to provide to the City of Fayetteville, at a cost to be agreed upon, all documents in the possession of such subconsultants that are, under this Agreement, the property of the City of Fayetteville and which the City of Fayetteville believes to be subject to an Arkansas Freedom of Information Act request made to the City of Fayetteville, or, in anticipation of such a request, which it believes necessary for the City of Fayetteville to possess. Garver Engineers will produce all documents or material in the format that are kept by Garver Engineers, or at the option of Garver Engineers, in some other format. If a specialized format is requested by the City of Fayetteville, the cost of conversion, if that additional responsibility is accepted by Garver Engineers, will be bome by the City of Fayetteville at the then prevailing rates for the parties actually performing the conversion. Garver Engineers agrees to use due diligence to comply with all the requirements of the Freedom of Information Act. SECTION 6 - CONTROL OF SERVICES This is an Arkansas Contract and in the event of a dispute concerning a question of fact in connection with the provisions of this contract which cannot be disposed of by mutual agreement between the City of Fayetteville and Engineer, the matter will be resolved in accordance with the Laws of the State of Arkansas. Water Line Improvements 6 of 7 0296-3500 • • Should the City of Fayetteville, for any reason whatsoever, decide to postpone the work at any time, the City of Fayetteville will notify Garver Engineers, who will inmiediately suspend work. Should the City of Fayetteville decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work will be cancelled as hereinafter provided. This Agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms hereof by the one (1) party through no fault to the other party or for the convenience of the City of Fayetteville. If this Agreement is so terminated, Garver Engineers will be paid for the time and materials expended to accomplish the services performed to date, as provided in SECTION III - PAYMENT; however, Garver Engineers may be required to furnish an accounting of all costs. Should the City of Fayetteville, for any reason whatsoever, decide to cancel or to terminate the use of Garver Engineers's service, the City of Fayetteville will give written notice thereof to Garver Engineers who will immediately terminate the work. If the City of Fayetteville so elects, Garver Engineers may be instructed to bring a reasonable stage of completion to those items, whose value would otherwise be lost. Garver Engineers will turn over all data, charts, survey notes, figures, drawings and other records or information collected or produced hereunder whether partial or complete. SECTION 7 - SUCCESSORS AND ASSIGNS The City of Fayetteville and Garver Engineers each bind himself and his successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the City of Fayetteville nor Garver Engineers will assign, sublet, or transfer their interest in this agreement without the written consent of the other. Nothing herein will be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. IN TESTIMONY OF WHICH, this instrument has been executed on behalf of the above named Engineer, and has been executed on behalf of the City of Fayetteville, in two (2) counterparts, each of equal force, on the day and year first above written. CITY OF FAYETTEVILLE GARVER ENGINEERS B Brock Hoskins, P.E. Vice President Water Line Improvements 7 of 7 0296-3500 • • • Appendix A Garver Hourly Rate Schedule Classification Regular Senior Project Manager $ 125.00 Project Manager $ 105.00 Senior Project Engineer $ 85.00 Project Landscape Architect $ 76.00 Project Engineer $ 82.00 Senior Design Engineer $ 77.00 Sr. Construction Engineer $ 69.00 Construction Engineer $ 60.00 Design Engineer/Designer $ 62.00 Environmental Scientist $ 73.00 CADD Administrator $ 77.00 Senior CADD Technician $ 62.00 Automation & Control Specialist $ 91.00 CADD Technician $ 54.00 Senior Construction Observer $ 66.00 Construction Observer $ 50.00 Survey Coordinator $ 60.00 Party Chief $ 55.00 Instrument Man $ 33.00 Rodman $ 29.00 Clerical $ 38.00 Project Surveyor $ 70.00 2 -Man Crew (Survey) $ 125.00 3 -Man Crew (Survey) $ 150.00 2 -Man Crew (GPS Survey) $ 140.00 3 -Man Crew (GPS Survey) $ 175.00 Note. These rates are subject to change October 11 2002. • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody and Fayetteville City Council Members FROM: Greg Boettcher, P.E., Public Works Director DATE: April 18, 2002 • SUBJECT: City Council Agenda Item — May 7, 2002 Budget Adjustment — Water and Sewer Division Accelerated Water Main Replacement BACKGROUND Fayetteville s water system includes more than 525 miles of pipelines that serve more than 75,000 people. Average daily water purchase volume is 13 million gallons, of which approximately 20% is unaccounted for. Target water loss rates are 12-15%, therefore, corrective actions are justified and may be expected to produce reductions in water loss. In fiscal year 2001, the Water and Sewer Division recorded 628 leaks, these events consuming a significant amount of labor, equipment and material expenses. Performance goals for the in-house water main replacement program is 8,000 feet of water line; equating to annual replacement rate of 0.3% of the system. In other terms, this level of performance requires a water main to have an average service life of 347 years. This infrastructure replacement rate is inadequate to properly maintain this asset, as evidenced by the level of pipeline failures and high loss ratios. The Water and Sewer Division maintains records of pipeline segments with high failure rates or other serious inadequacies, with more than 50 projects being currently identified under said process. The current in-house program is not staffed or equipped to keep pace with or make progress on this growing need. Such conditions are the basis for an accelerated water main replacement program to avoid continued degradation of this municipal asset and to reduce water loss volumes. • DISCUSSION • The decision to initiate this asset preservation program surfaced when supplemental Water and Sewer Enterprise Funds became available. The retained earnings of the Water and Sewer Division's operating fund have been used to cash flow the facility planning costs of the Wastewater System Improvement Project. A drawdown of bond issue proceeds, to reimburse this temporary borrowing, shall provide $1.5 million of fund replenishment that is not budgeted for a specific purpose. It is proposed that this water and sewer fund reimbursement be budgeted for accelerated Water Main replacement activities. The Water and Sewer committee discussed this budget adjustment at its April 11, 2002 meeting, finding the program to be acceptable and recommending presentation to the Fayetteville City Council for approval. It is proposed that the Water and Sewer Superintendent develop a list of water main segments that have the greatest cost -benefit ratio and are of such a construction nature as to be suited for construction by independent contractors (minimum service disruptions, uncongested construction routes, etc). A preliminary replacement plan for the targeted activities shall be developed by the Water and Sewer Division. Using this preliminary design, a consultant shall be selected to design, bid and provide award recommendations for the replacement project. The budget for these activities shall be set at $1.5 million. RECOMMENDATION It is recommended that the Fayetteville City Council approve a budget adjustment in the amount of $1.5 million for the implementation of an accelerated water main replacement program, funding to be secured from Water and Sewer Enterprise Fund's retained earnings. Also, the approval should stipulate that such a project be added to the Fiscal Year 2002 Capital Improvement Plan. 2