HomeMy WebLinkAbout143-02 RESOLUTIONRESOLUTION NO. 143-02
A RESOLUTION TO APPROVE AN ENGINEERING SERVICES
CONTRACT WITH GARVER ENGINEERS, LLC IN THE AMOUNT
OF $135,950.00, PLUS A PROJECT CONTINGENCY OF $20,000.00
FOR WATER LINE RELOCATION AND IMPROVEMENT, AND TO
APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $155,950.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an engineering services contract with Garver Engineers LLC, in
the amount of $135,950.00, (plus a project contingency of $20,000.00) for
relocation and improvements to water lines and appurtenances along Gregg
Avenue. The contract is attached as Exhibit A.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves the budget adjustment of $155,950.00 attached as Exhibit B.
PASSED and APPROVED this 17th day of September, 2002.
APPROVED:
By
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 143-02
Document
1
09/17/02
Resolution 143-02
2
09/17/02
Agreement between the City of Fayetteville and Garver
Engineers LLC.
3
09/19/02
Budget adjustments form
4
08/28/02
Letter to Dan Coody, Mayor from Jim Beavers, City Engineer
5
09/04/02
Staff review form
6
09/20/02
Memo to Jim Beavers, Engineering Division from Heather
Woodruff
NOTES:
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11.1 51I6b3 -G04t1QC Ln
STANDARD AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
Project No.
This is an agreement made as of i/�jm,�,t/� ! / , 20&Z between the City of
Fayetteville and Garver Engineers LLC.//
The City of Fayetteville intends to make improvements to water lines and appurtenances along Gregg
Avenue in Fayetteville, Arkansas between Futrall Street and the beginning of 4 -lane street near Mud
Creek (Phase 1), between Sycamore Street and Futrall Street (Phase 2), and in a residential subdivision
north of I-540 on the east side of Gregg Avenue. Garver Engineers will provide professional
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 the 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 surveys, design, bidding services and construction support
services for relocating water lines and appurtenances along Gregg Avenue to allow for planned street
widening projects and for relocating a water line in a residential subdivision north of I-540 and east of
Gregg Avenue. Completed designs will include connections to existing service lines, fu -e hydrants, and
other applicable appurtenances. Garver Engineers will provide opinions of probable construction costs
with the preliminary and final designs.
Phase 1. Phase 1 will include a new 12 -inch water line from an existing 36 -inch concrete water line
near Wren Circle north to an existing 12 -inch line near where the 4 -lane pavement on Gregg Avenue
starts near Mud Creek, and a new 18 -inch line south from the existing 36 -inch concrete water line to the
area of Futrall Drive & 1-540. This water line will be constructed in a 25 -ft easement between the
railroad and Gregg Avenue.
Johnson Road Subdivision
This portion of the project includes relocating approximately 700 feet of 6 -inch water line, running
between residential properties parallel to Gregg Avenue, serving Johnson Road Subdivision on the east
side of Gregg Avenue north of 1-540. The relocation may include a parallel line offset from its current
Gregg St Water Line Relocation
1 of 8 0296-3600
1
ess. /Kg -,o4,
location or four connections (stubs) across Gregg Avenue from the new line provided in Phase 1.
Phase 2. Phase 2 will include a new 18 -inch water line from an existing 24 -inch line at Sycamore
Street to the existing (newly constructed under Phase 1) 18 -inch line at Futrall Drive. The route of
this water line will be evaluated and determined during preliminary design, with priority given to the
25 -ft easement between the railroad and Gregg Avenue, where practical.
2.2 Surveys
Garver Engineers will provide field survey data from field work for designing the project, and this
survey will be tied to the City of Fayetteville's control network. These surveys will be utilized as a
supplement to the City's aerial mapping. Property and right-of-way surveys are not included.
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
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.
23 Geotechnical Services
Geotechnical Services are not included.
2.4 Coordination
Garver Engineers will provide the following coordination:
• Meetings and coordination with City Engineering Staff and Fayetteville Water and Sewer
Department Staff for design direction, easement information, mapping, as -built information,
knowledge of existing conditions, etc. All meetings with the City will be coordinated through
the City Engineer.
• Coordination with AHTD to obtain Gregg Avenue Widening Plans and right-of-way and/or
easement information.
• Coordination with utility companies for determining utility conflicts and estimated associated
costs for relocation or avoidance of these utilities.
2.5 Preliminary Design
The Preliminary Design will include Preliminary Plans consisting of plan and profile sheets showing the
proposed vertical and horizontal alignments of each water line (and indicating conflicts or other work
incidental to the water line work), typical sections, and typical details. Early in the preliminary plan
development process, Garver Engineers will meet with the City of Fayetteville to allow the City to
review and approve the concept of the design. The preliminary design will be accomplished in
accordance with the City of Fayetteville's Water and other related Standards. An opinion of probable
construction cost will be provided with submittal of the Preliminary Design phase. Garver Engineers
will not proceed with Final Design until the Preliminary Design is approved in writing by the City of
Fayetteville.
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,
Gregg St Water Line Relocation
2 of 8 0296-3600
A9E5, l'F3
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.
2.7 Property Acquisition Documents
Property Acquisition Documentation is not included.
2.8 Bidding Services
Bidding Services will only be provided for Phase 1 and the Johnson Road Subdivision for one set
of construction contract documents.
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
Construction Support Services will only be provided for Phase 1 and the Johnson Road
Subdivision for both projects under construction at the same time.
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 Owner 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. Maintain a set of working drawings and prepare and famish record drawings.
7. Provide part-time resident construction observation services for the 75 -calendar -day construction
contract performance time for Phase 1 and the 45 -day construction contract performance time for
Johnson Road Subdivision. The proposed fee is based on approximately 4 hours per day, 5 days
per week, during the construction contract performance time, with time being shared between
both projects under construction at the same time. If the construction time extends beyond the
time established in this agreement or if the City of Fayetteville wishes to increase the time or
frequency of the observation, the City of Fayetteville will pay Garver Engineers an additional fee
agreed to in writing by the City of Fayetteville and Garver Engineers.
8. When authorized by the City of Fayetteville, prepare change orders for changes in the work from
that originally provided for in the construction contract documents. If redesign or substantial
engineering or surveying is required in the preparation of these change order documents, the City
of Fayetteville will pay Garver Engineers an additional fee to be agreed to in writing by the City
of Fayetteville and Garver Engineers.
Construction observation services will be provided by Garver Engineer's Resident Project
Representative, who will provide or accomplish the following:
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• Consult with and advise the City of Fayetteville during the construction period.
• Coordinate with the firm providing construction materials quality assurance testing under
separate contract with the City of Fayetteville.
• Maintain a file of quantities incorporated into the work, test reports, certifications, shop
drawings and submittals, and other appropriate information.
• Maintain a project diary which will contain information pertinent to each site visit including
date and weather conditions, names of important visitors, construction work in progress and
location, size of Contractor's work force and equipment in use, number of hours worked by
Contractor's forces, and substance of important conversations with the Contractor.
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'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 or other improvements other than water lines and appurtenances as
described herein.
2. Wetlands identification or mitigation plans or other work related to environmentally or
historically signifcant items.
2.11 Deliverables
The following items will be delivered to the City, or others as stated, under this agreement:
1. Five sets of Preliminary Plans with Opinion of Probable Construction Cost.
2. Five sets of Final Plans, Specifications, and Contract Documents with Opinion of Probable
Construction Cost.
3. One set of Preliminary and Final Plans to each potentially affected utility company.
4. Copies of correspondence, calculations, etc. as requested by the City of Fayetteville.
5. Electronic copies of surveys and drawings as requested by the City of Fayetteville.
6. Three sets of Plans, Specifications, and Contract Documents for the Contractor.
7. Record drawings for Phase 1 and Johnson Road Subdivision.
2.12 Schedule
Garver Engineers will begin work under this Agreement within ten (10) days of a Notice to Proceed
and will complete the work within the following schedule.
Preliminary Plans
Final Plans (Phase 1/Johnson Road Subdivision)
Final Plans (Phase 2)
Gregg St Water Line Relocation
60 days from NTP
30 days from approval of Preliminary Plans
90 days from approval of Preliminary Plans
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•
PE's. /*3 -oz
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 the lump sum amount
of $135,950. Payment will be made on a monthly basis, based upon statements submitted by Garver
Engineers to the Owner indicating the estimated proportion of the amount of work accomplished. A
detailed breakdown of the fee is included in attached Appendix A.
Garver Engineers may submit an amendment, to be considered by the City of Fayetteville Mayor and/or
the City Council, for an increase in any unused portion of the fee if the work is delayed by factors
beyond the Engineer's control. If accepted, the unused portion of the fee will be increased 6% annually
with the first increase effective September 1, 2003. However, the total compensation stated herein
(above) shall not be exceeded without prior written authorization from the City of Fayetteville Mayor
and/or the City Council.
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 available as -built plans, aerial mapping, right-of-way and
easement documents, 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
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,
Gregg St Water Line Relocation
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Res, 13-0-t
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.
53 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
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.
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Res. /'f3-ok,
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 prior formal contract amendment approved by the Mayor and/or 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 borne by the City of Fayetteville at the then prevailing rates
for the parties actually performing the conversion. Such increase in contract price shall require a
formal amendment approved by the City of Fayetteville Mayor and/or the City Council. 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 conceming 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.
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 immediately suspend work. Should the City
of Fayetteville decide during such suspension not to resume the work, or should such suspension not be
tenninated within a year, the work will be cancelled as hereinafter provided.
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ICES. /%3-ot
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 tum 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 four (4) counterparts, each of
equal force, on the day and year first above written.
CITY OF FAYETTEVILLE
GARVER ENGINEERS LLC
By
rock Hos n P.E.
Vice President
Gregg St Water Line Relocation
ATTEST:
ATTEST:
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•
APPENDIX A
CITY OF FAYETTEVILLE
GREGG AVENUE WATER LINE RELOCATION
PHASE 1 - FUTRALL TO MUD CREEK
Preliminary Design (including surveys)
Final Design
Bidding Services
Construction Support Services
JOHNSON ROAD SUBDIVISION
Preliminary Design (including surveys)
Final Design
Bidding Services
Construction Support Services
PHASE 2 - SYCAMORE TO FUTRALL
Preliminary Design (including surveys)
Final Design
Bidding Services
Construction Support Services
• Res .143-02..
$17,100
$13,700
$3,700
$17,550
$52,050
$9,170
$6,280
$1,620
$7,430
$24,500
$36,020
$23,380
not included
not included
$59,400
TOTAL LUMP SUM FEE
$135,950
APPENDIX A
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