Loading...
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 r1 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody and Fayetteville City Council Members FROM: Greg Boettcher, P.E., 4 t;;j Public Works Director DATE: April 18, 2002 SUBJECT: City CouncilAgenda 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 • C `Yy_ Y RESOLUTION NO. 78-02 MICROFILMED A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM A REIMBURSEMENT OF BOND PROCEEDS FROM THE WASTEWATER IMPROVEMENT PROJECT TO BE TRANSFERRED TO THE WATER AND SEWER FUND WHEREAS, the City Council Water and Sewer recommends that a budget adjustment from reimbursed funds from the bond proceeds of the Wastewater Improvement Project be transferred to the Water and Sewer Fund to be used for water main replacement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the budget adjustment attached as Exhibit "A" in the amount of $1,500,000.00 from a reimbursement of bond proceeds from the Wastewater System Improvement Project to the Water and Sewer Fund for water main replacement projects in the 2002 Capital Improvement Plan. PASSED and APPROVED this the 7th day of May, 2002. APPROVED: By: DAN COODY, M r ATTEST BVn.� Qpdruff, City erk 9 '.'o Sc61 RESOLUTION NO. 7s-02 MICROFILMED A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM A REIMBURSEMENT OF BOND PROCEEDS FROM THE WASTEWATER IMPROVEMENT PROJECT TO BE TRANSFERRED TO THE WATER AND SEWER FUND WHEREAS, the City Council Water and Sewer recommends that a budget adjustment from reimbursed funds from the bond proceeds of the Wastewater Improvement Project be transferred to the Water and Sewer Fund to be used for water main replacement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the budget adjustment attached as Exhibit "A" in the amount of $1,500,000.00 from a reimbursement of bond proceeds from the Wastewater System Improvement Project to the Water and Sewer Fund for water main replacement projects in the 2002 Capital Improvement Plan. PASSED and APPROVED this the 7th day of May, 2002. APPROVED: By: DAN COODY, M9or STANDARD AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Project No. 02/26 This is an agreement made as of , 20_, between the City of Fayetteville, hereinafter called "Owner" and/or "City" and Garver 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 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. 2.3 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: I. 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 FAYETTEVILLE By: Title: ATTEST: _ ENGINEER GARVER ENGINEERS r By: £osMns, (i6r'u'1 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. r City of Fayetteville, Arkansas Budget Adjustment Form Res. 78-02 Budget Year 2002 Public Works Date Requested Water & Sewer Maintenance 04/18/2002 Capital Water Mains • Project or Item Requested: 81,500,000 is requested in Water & Sewer • Fund to fund an accelerated water line replacement project. I Justification of this Increase: The item is requested to address the high failure line segments. Account Name Waterline Improvements • Account Name Use of Fund Balance • Project or Item Deleted: Adjustment # Funding proposed for this adjustment is from a reimbursement of bond proceeds for the WSIP. c'' Justification of this Decrease: Water & Sewer Fund has sufficient cash & investments to fund this request and comply with City policy. Increase Expense (Decrease Revenue) Amount Account Number Project Number 1,500,000 5400 5600 5808 00 02125 1 Decrease Expense (Increase Revenue) Amount Account Number Project Number 1,500,000 5400 0940 4999 99 Approval Signatures Date "/ Date • Department D •: Budget Office Use Only Type: A B C E Date of Approval Posted to Project Accounting Entered in Category Log H:IBUDGE71PROJECTSIBUD ADJWA_2002LICC WLRWK4 City of Fayetteville, Arkansas Budget Adjustment Form Res. 78-02 Budget Year Department: Public Works Date Requested Adjustment # 2002 Division: Water & Sewer Maintenance 04/18/2002 Program: Capital Water Mains ?roject or Item Requested: $1,500,000 is requested in Water & Sewer Fund to fund an accelerated water line replacement project. justification of this Increase: The item is requested to address the high failure line segments. Account Name Waterline Improvements Project or Item Deleted: Funding proposed for this adjustment is from a reimbursement of bond proceeds for the WSIP. ct_i' Justification of this Decrease: Water & Sewer Fund has sufficient cash & investments to fund this request and comply with City policy. Increase Expense (Decrease Revenue) Amount Account Number 1',500,000 5400 5600 5808 00 Decrease Expense (Increase Revenue) Account Name Amount Account Number Use of Fund Balance 1,500,000 5400 0940 4999 99 Approval Signatures 'Si Date Date p.pq Budget Office Use Only Project Number 02125 1 Project Number Type: A B C u E Posted to Project Accounting Entered in Category Log H.• 1BUDGE7IPROJEC731BUD ADJ%BA_2002UCC WLRWK4 FAYETTEVILLE THE CITY OF FAYETTEVLLLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 EnSneering Division To: Dan Coody, Mayor Thru: Greg Boettcher, Public Works Director Contract Review From: Jim Beavers, City Engineer„ &AM" Date: June 18, 2002 Re: City Council Meeting July 2, 2002. Water and Sanitary Sewer Committee meeting June 25, 2002. Proposed engineering services contract with Garver Engineers, Inc for the accelerated water main replacement project. Project background. Please refer to: a. The attached copy of the April 18, 2002 memorandum from Greg Boettcher, P.E., Public Works Director documenting the need for an accelerated water line replacement program and method to finance such program. b. The attached copy of Resolution 78-02 approved by the City Council on May 7, 2002 to fund $1,500,000.00 in accelerated water line replacements. Proposed engineering services contract. Based upon State law and City policy, a formal engineering selection committee selected the firm of Garver Engineers to negotiate an engineering services contract for the water line replacement program. The contract will permit individual task orders for water line segments as defined by the City, negotiated by City staff and authorized by the Mayor. Staff recommends that the City Council approve the engineering services contract with Garver Engineers in the not -to -exceed amount of $275,000.00. enclosures: 1. Engineering contract 2. Memorandum dated April 18, 2002 3. Resolution 78-02 approved May 7, 2002 Page 1 of 1 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineering Division To: Dan Coody, Mayor Thru: Greg Boettcher, Public Works Director Contract Review From: Jim Beavers, City Engineer. /.g/4ti Date: June 18, 2002 Re: City Council Meeting July 2, 2002. Water and Sanitary Sewer Committee meeting June 25, 2002. Proposed engineering services contract with Garver Engineers, Inc for the accelerated water main replacement project. Project background. Please refer to: a. The attached copy of the April 18, 2002 memorandum from Greg Boettcher, P.E., Public Works Director documenting the need for an accelerated water line replacement program and method to finance such program. b. The attached copy of Resolution 78-02 approved by the City Council on May 7, 2002 to fund $1,500,000.00 in accelerated water line replacements. Proposed engineering services contract. Based upon State law and City policy, a formal engineering selection committee selected the firm of Garver Engineers to negotiate an engineering services contract for the water line replacement program. The contract will permit individual task orders for water line segments as defined by the City, negotiated by City staff and authorized by the Mayor. Staff recommends that the City Council approve the engineering services contract with Garver Engineers in the not -to -exceed amount of $275,000.00. enclosures: 1. Engineering contract 2. Memorandum dated April 18, 2002 3. Resolution 78-02 approved May 7, 2002 Page 1 of 1 STAFF REVIEW FORM x AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 2. 2002 FROM: Jim Beavers Engineering Public Works Name Division Department ACTION REQUIRED: Approval of a resolution awarding an engineering contract to Garver Engineers in the not -to - exceed amount of $275,000.00 to provide engineering services for the accelerated waterline replacement project. COST TO CITY: $ 275,000.00 Cost ot this Request 5400-5600-5809.-00 ccount Number 02125-0010 Project Number $1,500,000.00 Category/Project Budget 2002 '.1 $1,500,000.00 RemammgBaalance 2002 BUDREVIEW: � x Budgeted Item Budget anger CONTRACT/GRANT/LEASE REVIEW: Purchasing Officer Date STAFF RECOMMENDATION: Approval Waterline replacements Category/ProjectName Program Wateram improvements rogram Name Water/Sewer fund Fund Budget Adjustment Attached Administrative Services Director GRANTING AGENCY: ADA Coordinator Date rant Coordinator Date !.✓F.� X6-19-02 Di on ea ate Cross Reference New Item: Yes_ No x Prev Ord/Res #: 78-02 to provide the $1,500,000 funding Orig Contract Date:_ Orig Contract No: _ STAFF REVIEW FORM Description Accelerated Water Line Renlacements - City wide Meeting Date July 2.2002 Comments: Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grant Coordinator Reference Comments: Page 2 /i�U4nLt copy a STAFF REVIEW FORM oT;9,� 4 x AGENDA REQUEST �^9 1 a^d It�� x CONTRACT REVIEW S;yva�v<a5 _ GRANT REVIEW cT h3. For the Fayetteville City Council meeting of July 2. 2002 4. Jim Beavers Engineering Public Works Name Division Department ACTION REQUIRED: Approval of a resolution awarding an engineering contract to Garver Engineers in the not -to - exceed amount of $275,000.00 to provide engineering services for the accelerated waterline replacement project. COST TO CITY: $ 275,000.00 S1,500.000.00 Waterline replacements Cost ot this Request Category/ProjectBudget2002 Category/Project ei goryy/Prolecr ame 5400-5600-5803-00 $0 Water improvements Account Number Funds Used 1 ooDate 2602— Program Name 02125-0010 $1,500,000.00 Water/Sewer fund Project Number Remaining a ance 2002-- Fund BUDGET REVIEW: x Budgeted Item _ Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date City Attorney Date Purchasing Officer Date STAFF RECOMMENDATION: Approval GRANTING AGENCY: Internal u itor Date Grant Coordmator Date C1 ✓eN aG-�9-o2 Bt ston ea ante Department Director Date Admmistrative Services Director Date Mayor Date Cross Reference New Item: Yes_ No x Prev Ord/Res #: 78-02 to provide the $1 50T000 funding Orig Contract Date:_ Orig Contract No: S STAFF REVIEW FORM Description Accelerated Water Line Replacements - City wide Meeting Date July 2, 2002 Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grant Coordinator Reference Comments: STAFF REVIEW FORM x AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of.J1y22002t FROM: Jim Beavers Engineering Public Works Name Division Department ACTION REQUIRED: Approval of a resolution awarding an engineering contract to Garver Engineers in the not -to - exceed amount of $275,000.00 to provide engineering services for the accelerated waterline replacement progject. COST TO CITY: $ 275,000.00 1,500,000.00 Waterline replacements Cost t this Request Category/Project Bur et 2002 Category/Project Name 5400-5600-5803-00 $0 Water improvements Account Number Funds Used To Date 2002 Program Name 02125-0010 $1,500,000.00 Water/Sewer fund Project Number Remaining Balance 2002 Fund BUDGET REVIEW: x Budgeted Item _ Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date Internal Auditor Date City Attorney — Date Coordinator Date Purchasing Officer Date Grant Coordinator Date STAFF RECOMMENDATION: Approval Division Head Date Department Director Date Administrative Services Director Date Mayor Date Cross Reference New Item: Yes x No_ Prev Ord/Res #: Orig Contract Date:_ Orig Contract No: 010 03 City f Fayetteville 7/08/2002 update �ndex Maintenance ` 16:51:53 Document Item Action Reference Date Ref. Taken Brief Description RES 7022002 101 WATERLINE REPLACEMENT PROJECT Enter Keywords........: RES. 101-02 CONTRACT $275,000.00 GARVER ENGINEERS ACCELERATED WATERLINE REPLACEMENT PROJECT File Reference #......: MICROFILM Security Class........: Retention Type: Expiration Date.......: **** Active **** Date for Cont/Referred: Name Referred to......: Cmdl-Return cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jim Beavers, City Engineer From: Heather Woodruff, City Clerk Date: July 5, 2002 Please find enclosed a copy of Resolution No. 101-02 and a copy of the contract awarded to Garver Engineers for engineering services relating to the accelerated waterline replacement project. The original will microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineering Division TO: Heather Woodruff, City Clerk FROM: Jim Beavers, City Engineer 4, 4,s DATE: July 8, 2002 RE: Resolution 101-02 Garver Engineers Accelerated water line replacement program Please fmd enclosed four additional original contracts (received July 5) for the Mayor's signature and your attest. Please keep one of these new originals as your official copy and return the previously signed original and the remaining three new originals to my office. Thank you. • STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of MAYOR'S APPROVAL FROM: .-a-o3 Ron Petrie Engineering CPE Services Name Division Department ACTION REQUIRED: 1. Mayor approval of Work Order No. I of the Accelerated Waterline Replacement Engineering Contract in the amount of $66,725.00 with Garver Engineers. COST TO CITY: $ 0.00 $1,500,000.00 Waterline Replacements Cost of this Request Category?Project Budget 2663 Category/Project Name 5400-5600-5808-00 $ 275,000.00 Water/Sewer Improv. Account Number Funds Used To Date 2663 Program Name 02125-0010 $1,225,000.00 Water/Sewer Fund Project Number Remaining Balance 2663 Fund BUDG7 RE\ EW: X Budgeted Item Budget Adjustment Attached y" Budget ana Finance and Internal Services Director CONTRACT/GRANT/LEASE REVIEW: Accounting ger Date L 3 d 3 City Attorney Date GRANTING AGENCY: Internal A,41tor Date ADA Coordinator Date Purchasing Officer Date Grant Coordinator Date • STAFF RECOMMENDATION: Approval of the action listed above. Div ion Head Date Cross Reference Department Director Date New Item: Yes_ No X Prev Ord/Res #:101-02 Finance and Internal Services Director Date: July 2, 2002 Orig Contract Date: July 2, 2002 Orig Contract No: 850 STAFF REVIEW FORM Description Work Order No. 1 — Accelerated Waterline Replacement Meeting Date N/A Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grant Coordinator Reference Comments: P FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8206 ENGINEERING DIVISION CORRESPONDENCE I. • - C . •r. TO: Mayor Dan Coody, Greg Bo ttchQer, Hugh Earnest, Tim Conklin THRU: Jim Beavers, City Engineer s 9 . I : ti FROM: Ron Petrie, Staff Engineer °'•' ° DATE: January 22, 2003 ' SUBJECT: Accelerated Waterline Replacement Engineering Contract Work Order No. 1 On May 7, 2002, the City Council approved $1,500,000.00 in funding for the Accelerated Water Main •Replacement Program. In addition, the City Council approved an Engineering Contract for the Accelerated Waterline Replacement Program on July 2, 2002 with Garver Engineers in the amount of $275,000.00. The Engineering Contract that was approved by the City Council allowed individual Work Orders to be negotiated by City Staff and authorized by the Mayor. The Water/Sewer Superintendent, David Jurgens, has prioritized the areas that are in need of improvements and has included two areas in Work Order No. 1. The first area is located northeast of the new Huntsville Road/Sixth Street intersection and involves the replacement of the water mains on Mashburn, Blair, and Lyton Avenues. The second area is located to the east of North College Avenue, to the south of North Street and to the north of Prospect Street and involves the replacement of the water mains on Cleburn Street, Fritz Drive, Fritz Court, and Rush Drive. Vicinity Maps for the two areas are attached for reference. The final costs to the City will be based upon actual costs as documented by Garver Engineers and subject to review by the City with a maximum -not -to -exceed cost of $66;725.00 for the design, bidding, and construction observation phases of this project. Enclosures: Staff Review Form Vicinity Map Copy of Resolution 101-02 Copy of Purchase Order No. 02-0002582-001 Work Order No. 1 Contract (3 originals) hi' LaserJet 3100; • 4795758241; 15 -Jul -02 9:24AM'; Page 1/2 • (n�) Cac# # 860 G7arVer E do 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: Section 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 2^d day of July, 2002. APPROVED By: DAN CO DY, May Iv O �rr�& c (��. i. S PMG�3cmw OO RDD ER FAYETTEVILLE VENDOR NO. 52650 Garver Engineers 3810 Front St Ste 10 Fayetteville AR 72703 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas DATE 7/19/02 FOB Fyv PURCHASE ORDER # 02-0002582-001 TERMS NET 30 DAY Unit Oty. of Description and Account Number Unit Price TOTALS Issue 1.-00 JOB a) Eng Contract for the Accelerated 275000.00 275000.00 Water Line Replacements Resolution #101-02 Contract #850 5400.5600.5808.00 02125 10 $275000.00 SHIP TO: Engineering/Drafting CITY OF FAYETTEVILLE • 125W MOUNTAIN ST Sales Tax Total: FAYETTEVILLE AR 72701 Beavers, J Purchase Order Total: 275000.00 CONDITIONS 1. Send Itemized invoice In duplicate to: 3. No substitutions without prim approval. 6. F.O.B. Fayettawlle.unless otherwise agreed Accounts Payable. upon. No extra for packing and delivery will City of Fayetteville 4. Discounts effective to 10th of following month, be allowed 113 West Mountain Fayettevllle, AR 72701 5. Orders must be shipped in full unless d 7. NO C.O.D. ORDERS. otherwise notified. 2. Mark all packages with P.O. number 8. Pre -pay freight and add to Invoice. Ship as shown above. All orders must be to 113 W. Mountain St., Rear Entrance, a.-'paledby a slip, - unless otherwise specified. quantity shipped and P.O. number. P.O. i(\.l'I4i"ynj/[_V PURCHASING AGENT VENDOR COPY City of Fayetteville Accelerated Waterline Replacement Work Order No. 1 Date: Issued by: Mayor Dan Coody City of Fayetteville To: Garver Engineers, LLC 3810 Front St, Suite 10 Fayetteville, AR 72703 Ph e 479-527- 100; ax 479- 7-9101 Accepted by: Br ck Hoskins, PE, ice Presi en This work order incorporates, by reference, the agreement between the City of Fayetteville and Garver Engineers, LLC dated July 2, 2002 related to water line replacements and/or improvements. Proposed Improvements Area No. I is located in the vicinity of Rush Drive, Fritz Street, Fritz Court, Clebum Street, and Prospect Street. This project involves the replacement of 6", 8", and 12" waterline along the streets listed, in accordance with the sketches provided by the City. Area No. 2 is located in the vicinity of Lytton, Blair and Mashburn Streets and Huntsville Road. This project involves the replacement of 6", 8", and 12" waterline along the streets listed, in accordance with the sketches provided by the City. Scope of Services Garver will provide the following scope of services for each of the areas listed above. The scope of work for each phase will be in accordance with the terms of the prime agreement, except as described differently or in more detail below. Surveys. Surveys will be accomplished only to locate marked and observable utilities, including water meters, and any significant potential obstructions to the planned improvements, such as sanitary sewer and storm sewer facilities. Surveys will be merged with City planimetric mapping and tied to City control points if available within 1,000 feet of the project site. The City will provide planimetric mapping to be utilized as a background for the improvements. Geotechnical Services. No geotechnical work is anticipated. City of Fayetteville & Work Order No. I Garver Engineers Page 1 of 2 0296-3500 Coordination. Coordination will be provided as described in the prime agreement. Before this specific work order is executed, Garver will meet with David Jurgens'and/or other City Staff to receive and review the City's preliminary sketches and to discuss and develop the scope of work for the improvements. Preliminary Design. Preliminary Design will not include profiles for the linework or an opinion of probable cost. Prior to the submittal of the Preliminary Design to the City, a representative from Garver will meet with representatives from the City's Water & Sewer Department to walk the proposed alignments. Garver will then submit the Preliminary Design for each area. Final Design. Final Design will not include profiles for the linework. Garver will utilize the front end documents and applicable technical specifications from the Fayetteville Old Missouri Road project. Property Acquisition Documents. No Property Acquisition Documents are anticipated. Bidding Services. Bidding Services will be provided as described in the prime agreement. Construction Support Services. Construction observation will be based on an average of 3 hours per day, five days per week, for a 120 calendar day construction contract performance time. No survey work is anticipated. Extra Work. No extra work is anticipated Schedule Garver will be prepared for an informal review meeting with the City's Water & Sewer Department no later than fifteen (15) calendar days after receiving the required sketches and written authorization to proceed with this work order from the City. Garver will submit the Preliminary Design to the City within fifteen (15) calendar days after receiving comments from the informal review meeting with the City's Water & Sewer Department. Upon receipt of comments from the formal review meeting for the Preliminary Plans, Garver will complete and submit the Final Design within fifteen (15) calendar days. Bidding Services and Construction Support Services will be accomplished as directed by the City. Construction Support Services are based on a construction contract performance time of 120 calendar days. Fee Arrangement The Not to Exceed fee for this Work Order No. 1 is $66,725. A detailed breakdown of this estimated fee is attached. City of Fayetteville & Work Order No. I Garver Engineers Page 2 of 2 0296-3500 Accelerated Waterline Replacement City of Fayetteville Work Order No. I Page 1 of 7 FEE SUMMARY Geotechnical Investigation Surveys Preliminary Design Final Design Property Acquisition Documents Bidding Services Construction Support Services $0.00 $6,442.53 $15,655.16 $16,277.10 $0.00 $3,553.06 $24,797.66 0 0 § 0°! !!|§ . 'IIT !!|� ..a ; - • - - !; . . \!. ..a lg; . . . §` °° §; | � ..; �..� _„ . §. ..| ||• - - . . ; $;_ °C;§ §§ • / . 11! .; !;;| E. ..; |. . . ! § ( ( | - r - ) zw , 'Si . ;|S _ LIM §( '{!«| § g|; !e LU Q. a. })kil|!!|s§/ .� !||. . . . . .! , .; . , . , 0 §|, ,, ,,, ! , . . § !!||` . . . . .; ; 2 . . . . . Fe f. . . . . 0 * |. . . . . . .| I! §, .. .. . . . , .| d §. . . .. . . . : § , • ., |. , . . . . . !\k§ / ,. . . . .§ |. . )as29 \ \||. . . . . .; § � \ § f! ! | | 1O ! III |. ! } f 1w | t kk%� �l��|�})|}| !/§|�|:� !�% § 111 �|!!, !! |!!! ! � § §§ ■!� ! ||!4§ §-!30 !§ .� .! ! ! g=w ! | § 0 •` , . , , , , , g , !!o; ° ° ° ° ° ; !! •. . C . . . S. ! ]\|, , , , , 0 ; ° - . . , , , . F- ! ■, _ : t | § ; i! {, , , , 0 , ; \. 0 . . . . ; L% §, . . . . , 0 . 0 S ° ° \ |� ` | / - | " |� . . . , , 0 - ) 88888 - ■■■§ , ; § , : - � i f § � - �� - § !§ �! / It I!.]!!`\\ !!!!`§ | !! ! ! | | •!!!r� 2 . . @ 4. )s |� ° /- �.; \ o§ ; c!` °; s , :• . , , 0 0,, /| |≥ ; ° I , o C gi≥ ° 0•! |≥ ° ; !!; , , , 00 2$§. 0 0 , 0 Ik- ° ° ° °°| | °®- }| .a |!�■ .. °,S 0. \. ,; 888888 S. ,! Sagga Coas ° 0 0 0 0 ° r § ��23 ° ! E S | 2 ! § f 7§ ; k ee \!, \ ! •! !!_! � !! ° §§ �. § f ! k § \ § I!! ) | ` E � 9/\)GH ! 0 - kkJ2§ 0.!!0.1 |f .2=!!;,|�. ;0.. . § S fi . . . ..; !!||' . . , . . |. . . , 00 |!||' . . . . . §• |•.. . . ._) )| - ° • t . . . . . ; H . . . 00 fl . , . ..; If . . . ..; . - , . . . !/ |. ......._ . . . . \ | ° . . ! I ! !I!!• . , . ° ° ; !f !. __ _ . . . . . || . 0 0 . . ; o ( | I § ID )! 'k !!c| !| \_ !! - ; | |§ - 00m m �E O • §) ! |!! !|| ! ! \ 1§ -!.!lb,�h ! ! § A ; ! E • ' ` . . . . . ..; woo •4 , . . . . ; 0 0 . 00 | ;. .. . . ..... ■ ; \;. . . . ..; 2 . . . ..; !, , . 0 ). , . I!;. . . . ..; !!;. 0 0 0 0 , . p , 0 0 008 V . . . ..§ l;.. . . . ..,. !. . . . ; s|;.s \!. . . ..§ S !!f|. 0 0 . 00 Co • k ( ! o \ _ ` \ ! / !! I § ` ■2; )lil..Z::, ;:, !- .|f!...1.,,, •!tI !; §I!, !�,�`•.!!e!! u!;]I 0) |) ! ! ) .\!-• ! , FAYETTEVILLE THE CITY OF FAYETTEVILLF, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ron Petrie Engineering From: Clarice Buffalohead-Pearmano Sr. Secretary Date: 2/7/2003 Re: Work Order No. 1 Attached please find executed copies of the above work order with Garver Engineers, in the amount of $66,725.00. The work order will be microfilmed and filed in the city clerk's office with Res. No. 101-02. If anything else is needed please let the city clerk's office know. /cbp cc: Nancy Smith, Internal Auditor • 0 /2.O/MO3 . Ala I STAFF REVIEW FORM - FINANCIAL OBLIGATION AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A FROM: Sid Norbash Engineering CP& E Name Division Department ACTION REQUIRED: Approval of Amendment #1 to Work Order #1 with Garver Engineers for the Accelerated Waterline Replacement Project, in the amount of $4,700.00. COST TO CITY: $4.700.00 $275.000.00 Waterline Replacements ost of this Request _ CategoryjProject Budget 2003 Program Category/Project Name BUDGET REVIEW: x Budted Item Budget Adjustment Attached rth4crx« QQ I(0� Budget Manager Date CO RACT/G NT/LEASE REVIEW: /14/o3 Ui �j.41J J7103 Accoun ' M. ger Date T/3 InyCT,t�I j1 dit 5 D�tC _O3 City Atto ey Date Purchasing Manager Date STAFF RECOMMENDATION: Approval of the Amendment. ti,S �6' Received in Mayor's Office S 3 rvislonA ate sate S— -m3 Cross Reference: epartment s Prev Ord/Res#: 101-02 i an rn ervmces erector ate Orig. Contract Date: July 2.2002 G� O Orig. Contract No:850 New Item: Yes_ No X .C- STAFF REVIEW FORM Description Accelerated Waterline Replacement Project Amendment #1 to Work Order #1 Meeting Date N/A Comments: 1ffq_' . ._ Accounting Manager Internal Auditor City Attorney Finance and Internal Services Director Chief Administrative Officer Reference Comments: S Garver Engineers. LLC 3810 Front Street, Suite 10 Fayetteville, AR 72703 479-527-9100 FAX 479-527-9101 www.9arverenginee is. corn March 25, 2003 Mr. Sid Norbash City of Fayetteville Engineering Department 113 W. Mountain Fayetteville, AR 72703 Re: City of Fayetteville Accelerated Waterline Replacements Work Order No. 1 - Amendment No. 1 (Garver Project No. 0296-3500) Dear Sid: In accordance with your request, we are pleased to submit Amendment No. I to work order number one, dated January 29, 2003, for the City of Fayetteville's Accelerated Waterline Replacements. Specifically, we understand you want us to accomplish the following items in addition to our original scope of work in relation to additional waterlines that will be upgraded along Baxter Street: 1. Perform limited topographic surveys for the area along Baxter Street where the existing waterline will be replaced. 2. Design improvements to the existing waterline along Baxter Street. 3. Incorporate additional items into the construction plans and contract documents. 4. Meet with the City to review the additional improvements. We propose to accomplish the additional work represented by items 1 through 4 for a lump sum fee increase in our not -to -exceed fee for work order no. I of $4,700. A breakdown of the Engineer's estimated costs is included in Appendix A. We are available to meet with you to discuss this proposed amendment at your convenience. Please call me if you have any questions. Thank you. Respectfully, VER N ERS Approved by: Title: rock Hos ns, P.E. Vice President / Project Manager Date: Brentwood, TN • Fayetteville, AR • Huntsville, AL • Little Rock, AR • Madison. MS • Topeka, KS • Tulsa, OK APPENDIX A CITY OF FAYETTEVILLE ACCELERATED WATERLINES - AMENDMENT NO. I FEE SUMMARY Surveys Design $1,485.00 $3,215.00 Lump Sum Fee $4,700.00 . . !!|! . . ! |. . . !!! • . ! ! 2? , . | |. . . . . !§|| . . . . § |. . . d ), .. . , , !!. , . I. | ; . . . \ )� . . !d). . . § ) , Jim og 4. 08 01 02 88• 8' | .! |2|!;!! w z UI z >� 0 c0z !|/! k§7 \ 1!§ |I,-| . . . . ■ !| |. . . , , .; !!|;. . . . . .; !�|. . . . . |!!� . . . . .; ! ; . . . . . ||. . . . . .| | |||. . . . . .; Hi_ . . . , .; h |� . . . . .; H |. t |.C e 0 0, | "4 . . . . .; . . | (k .: |N|, . . . . .; |. , 888888■ . ; t�;!■,; |!|. . . . . .o I `iii i I I �! | ° HP Laseruet a,uu, 4'9a/p8241; 15 -Jul -02 9:24AM, Page 1/2 6nr Vet �►� 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: , Section 1. That the City Council of Fayetteville, Arkansas, hereby awards a contract in an amount not to exceed Two Hundred Seventy -Five Thousand Dollars ($275,000.00) to Garver Engineers for engineering services relating to the Accelerated Waterline Replacement Project. A copy of which, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 2^d day of July, 2002. f By: ::v DAN COOD?, May - — O P��x r+ !) Apr -25-03 03:39P Gar or Inc. Fayetteville 50 027-9101 P.02 p y fWl`N$ UN u.DYUN •V w` L� Q ! hic IWNI:AN AVEUUNI .v1 �O b •IIYr PIT[ r AV N Il_x?E" a [I y *XITMY rA AYC r, 71W AxNur..D ,—� 01 i UNNI NUIT UNNLN'iIIT II Ave"•.... - n.1u� v AVI { ...f....X ... N f'Ji1fL 111 1rtcc 'r ir +', �' Wly AK . WI,'' AVI II' T AKl a� II ` Ir jI y "IL �❑ \CMMII ❑u❑❑ ___ f ❑ VANU INII AN i n^I�u.,,un^I n z t r.•YW I { 1---r4..J a Av[S � ^ ___ IM:IItiI �� I- I,. .Y TI YA.( y II1. N ii Y t� ❑c omarx Yr AVC $≥ a r.Mrn. rXOY {� ,y i I ^ YM:N ur _'i____ ^ v Ur o I, I11 ❑ ❑ UwcH R __ ❑ AK 1 I� " r r l IYH y rn S VAY AAArr ❑ U IUHIN ❑ x �M 2 I.5 •VI aQO UYI I11I 4r AK �OO❑ � 11IA ANU 1' D __ p aAN i ii mV a❑❑ f U XV.XLAND O wVl ,v IOILAR IA 7i w �❑ r�4p n mnT Avr M [r. r. a C �� •� µu n N wA$NmcrDY •N y rI `yY r A\NIN ON r r ^ . m S J N11 I - y O WILLOW r r AVE ❑ s ❑� wlupw U AN y' =�$cS "-4/ N WINIIT � N T1111L➢G^ IVAINIII .N m a [, ❑ i.r � 100 r N. IN r4 AVf n r c Q ILCTCHER AVC ' r• 1 W ILr r� U ' O C/YYI 1Y[ N a rALUN _ DWD DNI4WDW WV n� G Y i Av c 3 e T.uf.LC OD AVE m ' 4 ^ ` W :MYI INI tV \n W ^ T I ur Af C a" L UN N iUN ^ N JAIN'iDN Wlj N vb WIAiI CY PD z r r 1 01 yQ oIfl om zO. z a • STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REvmw MICR0FILMEI?_a7_03 GRANT REVIEW For the Fayetteville City Council meeting of MAYOR'S APPROVAL FROM: Ron Petrie Name ACTION REQUIRED: Engineering CPE Services Division Department 1. Mayor approval of Work Order No. 1 of the Accelerated Waterline Replacement Engineering Contract in the amount of $66,725.00 with Garver Engineers. COST TO CITY: $OOO oxststofthis Request 5400-5600-5808-00 Account Ninnber 1,500,000,00 Zateg�groject Budget 2003 275,000.00 Funds Used ToDate 2663 Waterline Replacements Category/Project Name Water/Sewer Im rov. Program are 02125-0010 $1,225,000.00 Water/Sewer Fund Project Nimter Remaining Balance 2003 Fund BUD RE W: X Budgeted Item get CO RACT/GRANT/LEASE REVIEW: Accounting meager Date Z 3 d 3 City Attorney Date Purchasing Officer Date _ Budget Adjustment Attached Finance and Internal Services Director N STAFF RECOMMENDATION: Approval of the action listed above. Di ' ion Head Date Department Director Date Finance and Internal Services Director Cross Reference New Item: Yes_ No X Prev Ord/Res #: 101-02 Date: July 2.2002 Orig Contract Date: July 2, 2002 Orig Contract No: $50 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Dan Coody, Mayor Thru: Hugh Earnest, CAO Tim Conklin, Director CP&E Gary Coover, City Engineer From: Sid Norbash, Staff Engineer Date: May, 15, 2003 Re: Accelerated Waterline Replacements Project Amendment #1 to the Work Order #1 Contract With Garver Engineers Background: The above referenced project is part of an ongoing Capital Improvement Project, which was approved by the City Council in 2002. The, purpose of this project is to replace old and leaky water mains. The existing W.O. #1 contract with Garver is in the amount of $66,725.00, and will be $71,425.00 after this Amendment is approved. Status; Garver Engineers are under contract with the City of Fayetteville to design the first phase of the replacements. For this contract there are eight water mains to be replaced at this time. Change of Scope: Per David Jurgens' request the scope of this project is being changed to include an additional water main replacement located on Baxter Lane (please refer to attached map). Recommendations: The Staff recommends approval of Amendment #1 to the Work Order #1 of the existing contract with Garver Engineers, in the amount $4,700.00. Funding: as approved by the City Council SN/sn Attachments: Copy of Amendment #1 to the Change Order #1 Copy of Resolution 101-02 Vicinity Map FAYETTEVItLE I THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash Engineering Division From: Clarice Buffalohead-Peamran City Clerk's Division Date: 5/27/2003 Re: Work Order Amendment An executed copy of the contract amendment is attached hereto. It is my understanding that you have already received one original copy of the amendment. This item will be microfilmed and filed in the city clerk's office. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: Nancy Smith, Internal Auditor S. IDI -o2. ivv t✓ cny/n.Wo/ Work oi-d #1 STAFF REVIEW FORM - FINANCIAL OBLIGATION AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A FROM: Engineering CP& E Division Department ACTION REQUIRED: Approval of Amendment #2 to Work Order #1 with Garver Engineers for the Accelerated Waterline Replacement Project, in the amount of $31,350. COST TO CITY: BUD T VIEW: x Budgeted Item/ Budget Adjustment Attached Budget Manager Date CONTRACT/GRANT/LEASE REVIEW: •1. 1. 'I 1 1 - Received in Mayor's Office Date ' �� Cross Reference: Date Prev Ord/Res#: 101-02 DOrig. Contract Date: July 2.2002 /' ate Orig. Contract No:850 New Item: Yes_ No X a STAFF REVIEW FORM r :- Description Accelerated Waterline Replacement Project Amendment #2 to Work Order #1 Meeting Date N/A Comments: Budget Manager Accounting Manager Internal Auditor City Attorney Purchasing Manager Finance and Internal Services Director Chief Administrative Officer Reference Comments: I Item Requiring Mayor's Approval To: Mayor Dan Coody Thru: Hugh Earnest, Chief Administrative Officer From: Tim Conklin, Community Planning and Engineering Services Director Date: December 19, 2003 Subject: Accelerated Waterlines Replacement Project Work Order No.! Engineering Contract Amendment No.2 RECOMMENDATION Staff recommends approval of the Amendment #2 to the Engineering Contract with Garver Engineers, in the amount of $31,350.00 for the extra work related to the addition of Locust Street Waterline replacement to the Accelerated Project per City Staff recommendation and Council approval. BACKGROUND The above referenced project is a CIP project which is currently under construction. The purpose of this project is to replace old leaky waterlines as prioritized and requested by Water & Sewer Superintendent, David Jurgens. tes The new Walgreens at S. School and Locust Street is under construction. As part of this project, Walgreens is to improve a portion of Locust Street. The existing 12" waterline is old and leaky, and is also located under the existing pavement. Per David Jurgens' request the Council approved the replacement of the waterline on Locust Street, and it was added to the construction contract with Crossland Heavy Contractors. The design phase of this additional project will be covered under the original Work Order No. 1, however, the construction management fees need to be adjusted to reflect the additional changes. As the result of addition of Locust Street watrerline, the construction period will change from 120 days to 180 days. Also the construction phase of the original contract with Garver was based on an average of 3 hours of inspection per day. The City Staff has requested to. increase the average daily inspection to 5 hours. These two changes require Amendment No.2 to the Work Order No.1 BUDGET IMPACT A summary of the Engineering Contract costs is as follows: Origional Eng. Contract Res. 101-02 $275,000 This contract is to be divided into Work Orders as directed by the Staff Work Order No.1 $ 66,725 Amendment #1 4,700 Total to date $ 71,425 Proposed Amndt. #2 increase 31.350 New W.O. No.1 Contract Price $ 102,775 Work Order No. 2 $ 54,975 Total Contract $275,000 Less W.O. No.1 102,775 Less W.O. No.2 54,975 Balance of the contract $117,250 TC/sn Attachment: Amendment #2 Copy of Resolution #101-02 HP LaserJet 3100; • 4795758241; 15-J11-02 9:24AM; Page 1/2 # $517 Garver 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 an' COUNCIL OF THE CITY OF FAYEITEVILLE, ARKANSAS: Section 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. APPROVED: By: d DAN CO DY, May i Garver Engineers, LLC 3810 Front Street, Suite 10 Fayetteville, Arkansas 72703 479-527-9100 FAX 479-527-9101 ww.v.garverengineers.com December 17, 2003 Mr. Sid Norbash Engineering Department City of Fayetteville 113 W. Mountain Fayetteville, AR 72703 Re: City of Fayetteville Accelerated Waterlines Contract Amendment No. 2 — Work Order No. I - Revised Dear Sid: GARNER ENGINEERS DEC 18 2003 We are submitting our revised proposed Amendment No. 2 (originally submitted October 23, 2003) to Work Order No. I of our professional services agreement for the Accelerated Waterline Replacements. This amendment allows for the additional work requested by the City along Locust Avenue between South Street and 7's Street that we discussed in our meeting on Thursday, August 21, 2003. This additional work includes the replacement of 12 -inch waterline along Locust Avenue between Archibald Yell Boulevard and 6t° Street, and various meter reconnections along Locust Avenue between South Street and Archibald Yell Boulevard, and along Locust Avenue between 61h Street and 7th Street. We understand the City plans to expedite these improvements by adding this construction work by construction contract change order to the project covered by the original Work Order No. 1. Specifically, we are requesting an increase in our not -to -exceed fee amount for the following: 1. An increase in the construction observation time from 3 hours per day to 5 hours per day. This is consistent with the City's direction for Work Order No. 2, allowing for an average of 5 hours per day instead of 3 hours per day as originally directed. 2. An increase in the construction observation time to allow for an increased construction contract performance time from 120 days to 180 days due to the added improvements along Locust Avenue. We believe that we can complete the design of these additional improvements within the remaining design fee from our original Work Order No.1, and are therefore not requesting an increase in our NTE fee for design. We propose to accomplish the additional work listed in items I and 2 above for an increase in our NTE fee for Work Order No. I of $31,350. A breakdown of the Engineer's estimated costs is included in Appendix A for your review. If you have any questions regarding this proposed amendment, please contact us at your convenience. Sincerely, rver E ers Vice President/Project Manager cc: Greg Boettcher/Gary Coover/Tim Conklin Approved Mayor Dan Coody Date: /tt! Fayetteville, AR • Huntsville, AL • Jackson, MS • Little Rock, AR • Nashville, TN • Topeka, KS • Tulsa, OK I 5. C \ � -§� k \}i Co !|. . . . !| 0 0 0 . ;. . 0 0 . !| -. 4. ■ . . . ! ), . , . . | | . . , . |;, . . . . . | , 0 . . 0 . 0 . H . . . . !, . 0 0 0 U |. 0 0 . 0 |§|. . . . . | ! 0 0 0 . || !. .. .. . 0 0 . f /, _ 'I. . . . |), . . . . I |� !! | � /if 1 i= i i `!| | |{ | | ! | |}\|\ ti 1! §! o ) ■ o o 2| .!■ , o .§ ,!!88 -] §°`4 ! § !! § • 0 FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash Engineering Division From: Clarice Buffalohead-Pearman$ City Clerk Division Date: January 20, 2004 Re: Garver Engineers Attached are two originals of the above agreement, Amendment No. 2 to Work Order #1, for the waterline relocation project for Locust Street. This agreement will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachment(s) cc: Nancy Smith, Internal Auditor /D1ih oi-oi w D' "9`"ttv at var STAFF REVIEW FORM - FINANCIAL' OBLIGATION Q� &td¢r AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A (Mayor's Approval Requested) FROM: Engineering CP& E Division Department ACTION REQUIRED: Approval of Work Order #2 to with Garver Engineers for the Accelerated Waterline Replacement Project, in the amount of $54,975.00. COST TO CITY: Category/Project Name & Sewer Imprvts. Project Category Name `l{DGI�IT REW:xBudgeted Its Y-2_ � go/ 3 Iudget anger Date //. .! /._.1 / a . r.a4 r—,..911 I •' . STAFF RECOMMENDATION: /0 Budget Adjustment Attached Approval of W.O. #2 /0._7_03 . alt Received in Mayor's Office Prev Ord/Res#: 101-02 Orig. Contract Date: July 2.2002 Orig. Contract No:850 New Item: Yes_ No X Date STAFF REVIEW FORM Page 2 Description Accelerated Waterline Replacement Project Work Order #2 Meeting Date N/A Comments: Reference Comments: Budget Manager Accounting Manager Internal Auditor City Attorney Purchasing Manager Finance and Internal Services Director Chief Administrative Officer City of Fayetteville Accelerated Waterline Replacement Work Order No. 2 Date: Issued by: Mayor Dan Coody City of Fayetteville To: Garver Engineers, LLC 3810 Front St, Suite 10 Fayetteville, AR 72703 Ph e479-52 91 ;Fax 9-527-9101 Accepted by: ock Hoskins, P , Vice President This work order incorporates, by reference, the agreement between the City of Fayetteville and Garver Engineers, LLC dated July 2, 2002 related to water line replacements and/or improvements. Proposed Improvements Area No. I is located along South College Avenue between Rock Street and 41° Street. This project involves the replacement of existing 6" waterline with new 8" PVC waterline and includes work in Highway 71B at the College/Rock/7IB intersection. Area No. 2 is located along Lewis Avenue from Mount Comfort Road to the north side of Deane Street. This project involves the replacement of existing 8" waterline with new 8" PVC waterline. The improvements for both areas will be included in one construction contract. Scope of Services Garver will provide the following scope of services for each of the areas listed above. The scope of work for each phase will be in accordance with the terms of the prime agreement, except as described differently or in more detail below. Surveys. Surveys will be accomplished only to locate marked and observable utilities, including water'meters, and any significant potential obstructions to the planned improvements, such as sanitary sewer and storm sewer facilities. Surveys will be merged with City planimetric mapping and tied to City control points if available within 1,000 feet of the project site. The City will provide planimetric mapping to be utilized as a background for the improvements. Geotechnical Services. No geotechnical work is anticipated. City of Fayetteville & Work Order No. 2 Garver Engineers Page I of 2 0296-3500 Coordination. Coordination will be provided as described in the prime agreement. Garver will meet with David Jurgens and/or other City Staff to receive and review the City's preliminary sketches and to discuss and develop the scope of work for the improvements. Conceptual Design. Conceptual Design will include a proposed location for all waterlines to be replaced within this project, as well as line sizes, points of connections to branch lines, and standard details. No special details or opinion of probable construction cost will be contained in the conceptual design submittal. Final Design. Garver will meet with City of Fayetteville Engineering and Water & Sewer staff to review the conceptual design submittal. Upon receipt of comments regarding our conceptual submittal, Garver will conduct final designs consisting of detailed construction plans, contract documents, and an opinion of probable construction cost. Final Design will not include profiles for the linework. Garver will utilize the front-end documents used for Work Order No. 1. Property Acquisition Documents. No Property Acquisition Documents are anticipated. Bidding Services. Bidding Services will be provided as described in the prime agreement. Construction Support Services. Construction observation will be based on an average of 5 hours per day, five days per week, for a 90 -calendar day construction contract performance time. No survey work is anticipated. Extra Work. No extra work is anticipated. Schedule Garver will be prepared for a meeting with City of Fayetteville Engineering and Water & Sewer staff to review our conceptual designs within fifteen (15) days of receipt of written authorization to proceed with this work order. Upon receipt of comments from the formal review meeting for the Conceptual Design, Garver will complete and submit the Final Designs within thirty (30) calendar days. Bidding Services and Construction Support Services will be accomplished as directed by the City. Construction Support Services are based on a construction contract performance time of 90 calendar days. Fee Arrangement The Not to Exceed fee for this Work Order No. 1 is $54,975. A detailed breakdown of this estimated fee is attached. City of Fayetteville & Work Order No. 2 Garver Engineers Page 2 of 2 0296-3500 Accelerated Waterline Replacement City of Fayetteville Work Order No. 2 Page 1 of 7 FEE SUMMARY Geotechnical Investigation $0.00 Surveys $4,912.85 Conceptual Design $4,613.62 Final Design $12,327.03 Property Acquisition Documents $0.00 Bidding Services $3,887.89 Construction Support Services $29,233.62 Total Lump Sum Fee $54,975.00 S S ||!. ..; !|| ; . . ; !I|. —o . !!! | - ° !' z- ;. ..; i| .4. . . | !§|; • . . ||§. ..; !! f . . . H !t|• ° S ! , | |. _ . { Li } |. . ' !§;;| » |. . . . q||f , . k | a. U)| - k • | to � - ! -�� ! 0O|oR , (. 2O |! §| § ``! E | || | !` § §)I I | |§ i|71 K '5 0. C • \ § .} & !!I ! 0 ||§. IITIIEIEIEI II !!i§� ° ° 0 0 . , . . § § . . . . |;. . . . . !!||� . , . . H S , , , , |!;. . . . . H - . , , 0 / |. .,. .,. . , 0 , |b§. . . . . |, . ... ,.. _ , , , | §| | | I ) !f ! | t ! !i|� || jt | §` | ,. I . ! III IITIILEI .! . ,.; . . . 0 0 !!!|• . . . _: . . . . ..| . . . ..| i| ;. 0 a a a . !|||� , , . ..; H |. . . . ..; g f. . . . ..; -: . . .•( !t|. . . , ..| -a| ! \| |� .-tin.... ..... �. _ . . . . ; . ! |d|. . . . -o . 888882 . . . ..f !'l•-! ..; k | t \ | I | #. 161 !� !`! !||UihhIiJUI1I ! �|!|` ! § ,§ 7;2|!! I §!!! 111 . ! ! §, •.! !§) | 0 0 o 0 a « -o E wo§ C ) 4 a. s 0 0 , , ||�]` ° ° ° ° !f. 0 , 0 . ` q / ° ° ° 0 , |f, . . , , | ° ° ° ° |t !, !!2 / . . fl 1 t b / 0 0 , , /$§, o . . . $ ■, | HIS . . . , | ||. , 0 . . bja , , 0 . 2 dl! ( !| |. ; | t § fl H H . o o .! o o Ilsg 01001 0 ) |) ; - !!; z Ui k)/ Q. H . . . 0 |l2� . . . . 11 ||/, . . . . i! |, . . . . | ), .. . _ . . . -a . . . . || 7, . . . . /| .- . , , , / . . . ltl . . . , Ii• &, ,.,...,. .0 . . |1188 . . . , , .. . . , 0 0 !|||` ° ° ° o 0 )| . t t f ; ih1tI liii| || ii! || ) || 1| II 1 p. - ■ p. , \ k ! • § •| - , ,8888 / a $ � k ! � 0 | ; |» . ; G , •�,� ; o § ! | a.1 | | § | EN . n . 4. .. . ,.; !!| § . . . . . . |§. . . . ..; | |. .. . , |. . . . ..; | |� . . . ..; ft , , . . .,[ . ||;. . . . ..! H .. . ..; ;. . . . .,; §!. . . . ..; |t|. . . . ..! | ., , `- i� ! ..... . . . . ! . ■ |i|. . . . ..; !. . . 82 C ||� . . . ..; i § 8 | i _ - \ || |}11 | \ ` .Jill ! |) §|____ nllhth 1111111 | | U •./!K! | § FAYETTE`ILLE S THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dan Coody, Mayor Thru: Hugh Earnest, CAO Tim Conklin, Director CP&E Gary Coover, City Engineer From: Sid Norbash, Staff Engineer Date: August 27, 2003 Re: Accelerated Waterline Replacements Project Work Order #2 for the Design & Construction Management of Lewis Street and S. School Water Line Replacements with Garver Engineers Background: The above referenced project is part of an ongoing Capital Improvement Project, which was approved by the City Council in 2002. The purpose of this project is to replace old and leaky water mains. The existing contract with Garver is in the not to exceed amount of $275,000 to design and manage the construction of waterline replacements as identified by the City Staff. The work for this contract is to be performed in phases for each group of waterlines as separate Work Orders. To date W.O. #1 has been approved and issued to Garver Engineers in the amount of $93,725, for Phase I, this includes Amendments #1 and 2 to this work order. The attached W.O. #2 in the amount of $54,975.00 is for Design and Construction management for Phase II. Waterlines to be replaced are on Lewis Ave. and S. College Ave. After the approval of Work Order #2 the contract will have a balance of $126,300. Status: Garver Engineers are under contract with the City of Fayetteville to design different phases of this replacement project as directed by the City Staff under separate work orders. Work Order #2 will cover replacement of two water lines. Lewis Ave. is one location and S. College is the other. Please refer to the vicinity map. Recommendations: The Staff recommends approval of Work Order #2 to the existing contract with Garver Engineers, in the amount $54,975.00. Funding: As approved by the City Council per Resolution 101-02, $1,500,000 in 2002. A cost summary for this project is as follows: Project Budget for 2003 $1,498,052 *Spent/obligated to date $1,268,943 Balance to date $ 229,109 *$275,000 of the obligated funds are allocated for engineering expenses for this project. To date the summary of the engineering expenses are as follows: Total Obligated $275,000 W.O. 1 with Garver $ 66,725 W.O.#1/Amndmt.#1 $ 4,700 W.O.#1/Amndmt.#2 $ 22,300 W.O.#2 (proposed & attached) $ 54,975 Balance $126,300 Garver Engineers have estimated the construction cost for their W.O. #2 (Phase II - Lewis Street & S. College w/l replacements) to be approximately $311,000. The $126,300 balance of the obligated funds to Garver will be un- obligated and released to fund the construction of Phase II. Adding $126,300 to the remaining balance of 229,109, we will have a total of $355,409 to fund the construction of Phase II which will be designed by Garver. Approximately $105,000 of $1,500,000 allocated for Accelerated Waterline Replacements was spent to replace the waterline on Joyce Blvd. as part of Joyce Blvd. Multi Use Trail. SN/sn Attachments: Copy of Work Order #2 Copy of Resolution 101-02 Vicinity Map HP Laseraet aiuu, •• 15 -Jul -02 9:24AM; (n ) ac # 850 RESOLUTION NO. loi_o2 (ttrvet &l' Sys, 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 FAYE'ITEVILLB, ARKANSAS: Section 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 2M day of July, 2002. L(� ,' F AYE Ii;'-< f APPROVED: i/ By: 4 DAN CO DY, May 410 Page 1/2 C. 3. TURBIN METER 1700 N p 92103 0212. — 1 121 02129 Ock06 021.0 NNp1,1 02127 the+. 02119 Nb"ea 7 g 9 10 w• 50' 150 U• 718 19 1:22 10 t' Co ER nE IN S 8 7 9f1 so• w so• a 8 9 �1C ti O W I2 `L so' so' 50• Purl Part 1 rPtrl -J 2 b 1 2;, n 3 U, 4; n 5 m 6 n 7 n U, m e 8 3 S. 135 3^ j= 4 i Blyc'k j 6;, 6 7 m b8 10 e 9 11 m =11 2 12 w 135 k 13 3 z5'sr of 016 r 9. OF 12" 179 22 17 21: 18 .5 20 =: 19 145 6 e 5 L ,&6' /D/ oz STANDARD AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Project No. OZ / 2 5 This is an agreement made as of , 20d'C between the City of Fayetteville, hereinafter called "Owner" and/or i P and arver 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 I of 7 0206-6500 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. 2.3 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: I. 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 operationsor 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. 53 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 0306-6`00 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 O;.T4XZ] TTE lE By:?o49- a • u I GARVER ENGINEERS By: ft3jfl/'( rock Hoskins, 4;;-l/t_ 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. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPOND To: Sid Norbash Engineering Division From: Clarice Buffalohead-Pearman City Clerk Division Date: October 27, 2003 Re: Garver Engineers Attached is an executed copy of the above Work Order No. 1 for proposed improvements associated with waterline replacements in Area 1 and Area 2. I have also attached two original agreements. This agreement and attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor