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HomeMy WebLinkAbout74-03 RESOLUTIONRESOLUTION NO. 74-03
A RESOLUTION APPROVING A CONTRACT WITH CARTER
BURGESS ARCHITECTS/ENGINEERS, INC. IN THE AMOUNT
OF FORTY-TWO THOUSAND FIVE HUNDRED THIRTY-SIX
DOLLARS ($42,536.00) FOR DESIGN AND ENGINEERING
SERVICES ASSOCIATED WITH THE LAKE FAYETTEVILLE
SPILLWAY PEDESTRIAN BRIDGE PROJECT; AND APPROVING
A TEN PERCENT (10%) PROJECT CONTINGENCY .
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 a contract with Carter Burgess Architects/Engineers, Inc. in the
amount of Forty -Two Thousand Five Hundred Thirty -Six Dollars ($42,536.00) for
design and engineering services associated with the Lake Fayetteville Spillway
Pedestrian Bridge Project.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a ten percent (10%) project contingency.
PASSED and APPROVED this 20th day of May, 2003.
YE� F
By: )Ondn-a, ntuJ i
SONDRA SMITH, City Clerk
•
APPROVED:
By
•
• •
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This Contract is entered into on this r.% ay of 2003, between the
City of Fayetteville, a municipal corporation, and Carter & Burgess nc.
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the City of Fayetteville and Carter & Burgess, Inc. agree as follows:
I. All of the provisions of Attachment -A are hereby incorporated by reference as if set forth
word for word herein.
2.
Carter & Burgess, Inc. agrees and understands that it shall make available all records for
review by the City of Fayetteville and its auditors as reasonably requested. Carter & Burgess,
Inc. agrees and understands that it shall submit, upon request, to the City of Fayetteville, any
and all documents demonstrating compliance with applicable federal, state, and local rules
and regulations. The City of Fayetteville's failure to request supporting documentation,
however, shall not excuse any failure on the Carter & Burgess, Inc.'s part to have used the
standard of care in its profession to comply with the applicable federal, state, and local rules
and regulations. Carter & Burgess, Inc. agrees and understands that all contracts for services,
and other procurement for materials, services, or construction shall be carried out in
compliance with applicable federal, state, and local rules and regulations.
3. Carter & Burgess, Inc. shall hold harmless, and indemnify the City from any and all claims,
actions, suits, charges and judgments whatsoever that arise out of negligent performance or
nonperformance of the services or subject matter called for in this contract, provided that
nothing herein shall be construed to alter, limit or otherwise compromise that immunity
afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas.
4. Carter & Burgess, Inc. agrees and understands that any changes, modifications, or
amendments in scope, price or fees to this contract shall not be allowed without a prior
formal contract amendment approved by the Mayor and the City Council in advance of the
change in scope, cost or fees.
5. Nothing in this agreement shall be construed to give any rights or benefits to any party other
than Carter & Burgess, Inc. and the City of Fayetteville.
6. Carter & Burgess, Inc. agrees and understands that City contracts and documents prepared
while performing city contractual work are subject to the Arkansas Freedom of Information
Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Carter
& Burgess, Inc. will do everything possible to provide the documents in a prompt and timely
manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-I01 et.
seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for
this compliance.
This agreement shall be interpreted according to and enforced under the laws of the State of
• •
Arkansas.
8. The parties agree and understand that this contract is exclusive of any and all previous
contracts which may exist, and that it in no way alters, amends or abridges any rights,
obligations or duties of the parties contained in such contracts.
9. It is agreed that the failure of any party to invoke any of the available remedies under this
agreement or under law in the event of one or more breaches or defaults by any party under
the agreement shall not be construed as a waiver of such provisions and conditions and shall
not prevent the parties from invoking such remedies in the event of any future breach or
default.
10. Each paragraph of this agreement is severable from all other paragraphs. In the event any
court of competent jurisdiction determines that any paragraph or subparagraph is invalid or
unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in
full force and effect.
This contract constitutes the entire understanding of the parties and no modification or
variation of the terms of this contract shall be valid unless made in writing and signed by the
duly authorized agents of the City of Fayetteville and Carter & Burgess, Inc.
12. Each of the undersigned warrants that he or she has the full right, power and authority to
execute this contract on behalf of the party indicated for the purposes herein contained.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
ATTEST:
By: a-+ MA)
SONDRA SMITH, City Clerk
AYE /1%.
CITY OF
By:
YETTE
LE
D "GOODY, Mayor
CAR �' & BURGESS, INC.
2
MES ARBUCKLE, Vice President
• •
Attachment - A
Lake Fayetteville Spillway Bridge
Fayetteville, Arkansas
PROVISIONS
1. Authorization to Proceed
Signing this Agreement shall be construed as authorization by the City of Fayetteville ("CLIENT') for
CARTER & BURGESS, Inc. ("C&B") to proceed with the Services.
2. Compensation
The CLIENT shall compensate C&B for services provided under this agreement on a basis of Labor
Costs multiplied by a multiplier of 2.945, plus reimbursement of Direct Expenses not to exceed
542,600.00.
3. Labor Costs
Labor Costs shall be the amount calculated by the number of hours actually worked by each of C&B's
employees on CLIENT's Project, multiplied by an amount charged for each such employee's work, which
is calculated by dividing each such employee's annualized, non -overtime compensation (whether salary
or paid to such employee at an hourly rate, as the case may be) divided by 2,080 hours per year
4. Direct Expenses
C&B's Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but
not limited to necessary transportation costs including mileage at C&B's current rate when its automobiles
are used, meals and lodging, laboratory tests and analyses, computer services, word processing
services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the
basis of actual charges when fumished by commercial sources and on the basis of usual commercial
charges when fumished by C&B
5. Outside Services
When technical or professional services are furnished by an outside source, when approved by CLIENT,
an additional amount shall be added to the cost of these services for C&B's administrative costs.
6. Cost Estimates
Any cost estimates provided by C&B will be on a basis of experience and judgment. Since C&B has no
control over market conditions or bidding procedures, C&B does not warrant that bids or ultimate
construction costs will not vary from these cost estimates.
7. Professional Standards
C&B shall be responsible, to the level of competency presently maintained by other practicing
professionals in the same type of work in CLIENTs community, for the professional and technical
soundness accuracy, and adequacy of all design, drawings, specifications, and other work and materials
fumished under this Agreement. C&B makes no warranty, expressed or implied.
8. Additional Services
Services in addition to those specified in Scope of Services will be provided by C&B if authorized in
writing according to Section 4 of the CONTRACT FOR SERVICES. Additional services will be paid for by
CLIENT according to the following Hourly Rate Schedule:
Staff Classification Or Duties Billing Rate
Project Manager $130.00 per hr
Design Engineer $80.00 per hr
Tech/ CADD $55.00 per hr
Clerical $45.00 per hr
Carter & Burgess - Attachment 'A'
Lake Fayetteville Spillway Bridge
Staff Classification Or DutiesBilling Rate
Senior Engineer $115.00 per hr
Senior Tech/ Designer $80.00 per hr
Survey Crew $90.00 per hr
Revised 5-2-03
•
9. Sales Tax
Applicable sales tax is not included in the above -proposed fee. Sales tax at an applicable rate will be
indicated on invoice statements.
10. Limitation of Liability
C&B's liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an
amount no greater than the fee earned under this Agreement.
11. Dispute Resolution
All disputes arising out of this Agreement shall be mediated by the parties within a reasonable time after
the first request for mediation, prior to either party filing a suit in a court of law, provided, however, that
neither party shall be obligated to mediate prior to requesting injunctive relief.
12. Payment to Carter & Burgess, Inc. / Interest on Past -due Amounts
Monthly invoices will be issued by C&B for all Services performed under the terms of this agreement.
Invoices are due and payable on receipt. CLIENT agrees to pay interest at the rate of.1 Ys% per month on
all past -due amounts, unless not permitted by law. Any interest charged or collected in excess of the
highest legal rate will be applied to the principal amount owing to C&B, and if such interest exceeds the
principal balance of CLIENTs indebtedness to C&B, will be returned to CLIENT. It is the intent of C&B
and CLIENT to abide by all applicable laws regulating the maximum amount of interest that may be
charged. To the greatest extent allowed by applicable law, CLIENT and C&B agree that in the event
CLIENT and C&B enter into any compromise or settlement calling for the payment of past due principal
and accrued and unpaid interest on any past -due invoice, C&B may charge and CLIENT agrees to pay
interest on such combined past due principal and accrued and unpaid interest amount (the "New Principal
Balance") at the rate of 11/2% per month or at the highest rate allowed by law, subject, as provided herein,
to C&B's agreement to credit excess interest or return same to CLIENT after the New Principal Balance is
paid.
13. Termination for Non-payment of Fees
C&B may terminate this contract by giving written notice if any C&B invoice remains unpaid for more than
60 days. C&B's right to terminate this contract shall not be waived by C&B's continued performance
during any period of investigation by C&B to determine the reasons for CLIENTS nonpayment.
14. Termination
Either CLIENT or C&B may terminate this Agreement by giving 30 days' written notice to the other party.
In such event CLIENT shall forthwith pay C&B in full for all work previously authorized and performed
prior to effective date of termination. If no notice of termination is given, relationships and obligations
created by this Agreement shall be terminated upon completion of all applicable requirements of this
Agreement.
15. Legal Expenses
In the event legal action is brought by C&B to enforce any of the obligations hereunder or arising out of
any dispute concerning the terms and conditions hereby created, CLIENT shall pay C&B reasonable
amounts for fees, costs and expenses as may be set by the court.
16. Assignment to Related Entity
Notwithstanding anything in this Agreement to the contrary, in the event C&B is not qualified and licensed
in the relevant jurisdiction to provide any services required hereunder, C&B may, without the consent of
any other party assign all or any part of its obligation to provide such services to an entity related to C&B
which is qualified and licensed to provide such services in the jurisdiction involved and which is
contractually bound to C&B to provide such services.
Carter & Burgess - Attachment `A' Revised 5-2-03
Lake Fayetteville Spillway Bridge
• •
PROJECT ASSUMPTIONS
The cost, fees, and scope of services for this proposal has been prepared using the following assumptions:
• The total budget at this time is 300,000.00 Dollars for design and construction.
• The superstructure will be supplied by a pre-engineered pedestrian bridge manufacturer.
• The bridge may be multi -span, 200 to 300 feet in length, requiring no more than one design for the
abutments and one for the intermediate bents.
• Bridge will be 10 to 12 feet wide.
• All trail design will be performed by the owner, including horizontal and vertical geometry.
• The project will require only six meetings.
• No substantial changes will be made to the bridge by the owner after the 35 percent review.
• The owner will perform the bidding process and construction observation.
INFORMATION TO BE SUPPLIED BY THE CITY OF FAYETTEVILLE
The City of Fayetteville will arrange for the exchange of Information and engineering data between other
consultants who have prepared plans within the project locale and the Carter & Burgess Design team. The
following specific items will be supplied by the City to the Design Team.
• Existing Utility Information - The City will provide as -built plans for all existing utilities located within
the limits of design or construction for the project, including electrical, water, sanitary sewer, and
storm drainage facilities.
• Inspection Reports - The City will provide inspection reports performed on the dam and weir for the
last three years.
• Dam and Spillway Plans - The City will provide all available plans and reports for the construction of
the dam spillway, and weir.
SCOPE OF SERVICES
The Basic Services proposed for this project include bridge design, development of plans, specifications
and cost estimates, review of bids, shop drawing review and participation in the final inspection for a
bridge over the spillway on Lake Fayetteville in Fayetteville, Arkansas. The Basic Services are further
defined as follows:
1. Meetings
• Kick -Off Meeting - set parameters and define goals and objectives for the design of the bridge
• Site visit - discuss bridge altematives and select preferred bridge type and location
• Three (3) Construction Site Visits - as directed by the City to observe construction and give
recommendations
• Final Inspection - walk through project with the City after construction is complete
2. Alternative Bridge and Alignment Study
• Work with the City through the development of alternate bridge types at select locations to determine
the preferred alternative.
• Carter and Burgess will develop three (3) to five (5) altematives that meet the parameters, goals, and
objective of the project as set forth in the design meeting.
• Altematives will be developed to a schematic level with deliverables to include a profile sketch of the
bridge, plan view showing a possible trail alignment and projected toes of slope, and an estimated
cost of the bridge based on available information.
3. Site Survey
• Topographic surveys will be conducted within the limits of construction of bridge for the preferred
alternative.
Carter & Burgess - Attachment 'A" Revised 5-2-03
Lake Fayetteville Spillway Bridge
• •
4. Geotechnical Investigation
• Geotechnical investigations will be performed by Grubbs, Hoskyn, Barton & Wyatt, Inc.
5. Bridge Design
• The selected bridge alternative will be designed and plans developed in accordance with AASHTO
Standard Specifications for Highway Bridges and Guide Specifications for Design of Pedestrian
Bridges.
6. Construction Documents
• Provide plans, specifications, and cost estimate for the construction of a single bridge over the
spillway.
7. Bidding
• Review bids for the bridge construction and make an award recommendation.
8. Construction Observation
• Review of contractor shop drawings submittals required by construction documents.
• Visit the project site with the City during the final inspection.
CORRESPONDANCE
1. The City of Fayetteville's representative shall be Steve Hatfield, until written notice is provided to Carter
and Burgess designating a new representative.
2. The Carter and Burgess representative shall be Mark Asher, P.E., until written notice is provided to the
City of Fayetteville designating a new representative.
REIMBURSABLE EXPENSES
1. Out of pocket expenses related to mileage, meals with travel, courier expenses, printing, postage and
graphic reproduction shall be reimbursed at cost as set forth in the cost justification.
2. Cost of Geotechnical Engineering services provided by Grubbs, Hoskyn, Barton and Wyatt, Inc. shall be
reimbursed at cost as set forth in the cost justification.
3. Cost of permits or filing fees required by regulatory agencies or departments obtained for the City of
Fayetteville shall be paid by the City of Fayetteville.
ADDITIONAL SERVICES
Additional services shall consist of, but not be limited to, the following items:
• Client generated changes to design once work is in progress, will be billed at hourly rates per
proposals approved by the City of Fayetteville, until the work is at the same level of completion as it
was prior to the change.
• Design of elements outside the limits of the project scope.
• Additional meetings at the request of the City.
• The City of Fayetteville shall approve all changes to the contract and authorize all additional services.
EXCLUDED SERVICES
The following services are specifically excluded from this proposal, but may be added at the Client's request:
• Hydraulic and Scour Analysis.
• Design and construction documents for trail approaches to the bridge.
• Receipt of bids and award of contract.
• Daily construction inspection or observation.
• Review of contractor submittals not required by construction documents.
Carter F. Burgess - Attachment W Revised 5-2-03
Lake Fayetteville Spillway Bridge
NAME OF FILE: Resolution No. 74-03 w/Contract for Services
CROSS REFERENCE:
Date
Document
1
05/05/03
Res. 74-03
2
05/08/03
staff review form
draft resolution
memo to mayor/city council
copy of draft contract
copy of Attachment A
copy of
cost justification
3
05/28/03
memo to Connie Edmonston
NOTES:
•
STAFF REVIEW
PSR
MICROF?•MEI) FR 40
FORM - FINANCIAL OBLIGATION CSO N
attria "it55 /4d 9/
Parks c
Pla, te-5 . 711-1)3
AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
X CONTRACT AMENDMENT
For the Fayetteville City Council Meeting of:
NA
FROM:
Steve Hatfield
Name
Parks & Recreation Operations
Division Department
ACTION REQUIRED: Contract Amendment #1 (see attached) to Carter Burgess, Inc. in the amount of not to
exceed $4,260 to perform a simplified hydraulic analysis with HEC -RAS using readily available survey
information at the selected bridge location. The additional study was requested by Mike Rozelle, P.E. staff
Engineer. This project has a project contingency of $4,260.
COST TO CITY:
$4,260.00 $
589,005.91 Lake Fayetteville Improvements
Cost of this request Category/Project Budget
2250.9255.5315.00 $
Program Category / Project Name
44,017.42 Parks Development Capital
Account Number Funds Used to Date
02043.1 $
Program / Project Category Name
544,988.49 Parks Development
Project Number Remaining Balance
Fund Name
BUDGET REVIEW:
Budget Manager
x Budgeted Item
7- 30-OY
Date
Budget Adjustment Attached
COIT
CT/GRANT/LEASE REVIEW:
2 ya
Acco nting Manager
:07/2444_
Date
City Atto ney Date
nternal 6Q:difor
Date
Purchasing Manager 'Date
&ionHea
PP RHCQ/� d " — Date
Departm2nt Director
Finance & Internal Services Dir.
Ada/ AfulAdstallie
C ief1'.ministrative Officer
/1A roti
yor
1
Date
Date
Dat
Date
Received
Cross
in Mayor's Office
Reference:
Previous Ord/Res#:
Orig. Contract Date:
2a
Date/
Orig. Contract Number: q05
Description
Comments:
Budget Manager
Staff Review Form - Page 2
Meeting Date NA
Reference Comments:
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
•
CITY OF FAYETTEVILLE
CONTRACT AMENDMENT
Date August 4, 2004
•
WHEREAS, the City of Fayetteville and carter and Burgess, Inc. entered into an
Agreement for Engineering Services on May 20, 2003; and,
WHEREAS, representatives of the City of Fayetteville requested work in addition to that
defined in the Agreement.
NOW THEREFORE, the following modifications will be made to the Agreement to
include the additional work requested:
MODIFICATIONS:
I) Attachment -A, PROVISIONS, 2. Compensation, change as follows:
The not to exceed" is increased from $42,600.00 to $46,860.00.
2) Attachment -A, SCOPE OF SERVICES, 5. Bridge Design, add the
following:
• Perform a simplified hydraulic analysis with HEC -RAS using readily
available survey information at the selected bridge location and flows
provided by the City of Fayetteville. The analysis will compare water
surface elevations before and after bridge construction by modeling
the bridge piers as obstructions. A letter to the City of Fayetteville
will be submitted discussing the findings and potential impacts.
3) Attachment -A, EXCLUDED SERVICES, change as following: Delete
"Hydraulic and" from Hydraulic and Scour analysis.
COST JUSTIFICATION: Attachment -A, PROVISIONS, 8. Additional Services
Project Manager
Design Engineer
Senior Technician
Expenses
Total Cost
5 hours
40 hours
5 hours
$130.00 per hour
$80.00 per hour
$80.00 per hour
$650.00
$3,200.00
$400.00
$10.00
$4,260.00
IN WITNESS WHEREOF the parties execute this Contract Amendment, to be
effective upon the date set out above.
CITY OF FAYETTEVILLE CARTE
BY:
Dan Coody, Mayor
& BURGESS, INC.
Arbuckle, Vice President
• •
CITY OF FAYETTEVILLE
CONTRACT AMENDMENT
Date August 4, 2004
WHEREAS, the City of Fayetteville and carter and Burgess, Inc. entered into an
Agreement for Engineering Services on May 20, 2003; and,
WHEREAS, representatives of the City of Fayetteville requested work in addition to that
defined in the Agreement.
NOW THEREFORE, the following modifications will be made to the Agreement to
include the additional work requested:
MODIFICATIONS:
I) Attachment -A, PROVISIONS, 2. Compensation, change as follows:
The "not to exceed" is increased from $42,600.00 to $46,860.00.
2) Attachment -A, SCOPE OF SERVICES, 5. Bridge Design, add the
following:
• Perform a simplified hydraulic analysis with HEC -RAS using readily
available survey information at the selected bridge location and Flows
provided by the City of Fayetteville. The analysis will compare water
surface elevations before and after bridge construction by modeling
the bridge piers as obstructions. A letter to the City of Fayetteville
will be submitted discussing the findings and potential impacts.
3) Attachment -A, EXCLUDED SERVICES, change as following: Delete
"Hydraulic and" from Hydraulic and Scour analysis.
COST JUSTIFICATION: Attachment -A, PROVISIONS, 8. Additional Services
Project Manager
Design Engineer
Senior Technician
Expenses
Total Cost
5 hours
40 hours
5 hours
5130.00 per hour
$80.00 per hour
$80.00 per hour
5650.00
$3,200.(X)
$400.00
$10.00
$4,260.00
IN WITNESS WHEREOF, the parties execute this Contract Amendment, to be
effective upon the date set out above.
CITY OF FAYETTEVILLE CARTER & BURGESS, INC.
BY: BY:
Dan Coody, Mayor James Arbuckle, Vice President
RESOLUTION NO. 74-03
A RESOLUTION APPROVING A CONTRACT WITH CARTER
BURGESS ARCHITECTS/ENGINEERS, INC IN THE AMOUNT
OF FORTY-TWO THOUSAND FIVE HUNDRED THIRTY-SIX
DOLLARS ($42536.00) FOR DESIGN AND ENGINEERING
SERVICES ASSOCIATED WITH THE LAKE FAYEITEVILLE
SPILLWAY PEDESTRIAN BRIDGE PROJECT; AND APPROVING
A TEN PERCENT (10%) PROJECT CONTINGENCY .
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 a contract with Carter Burgess Architects/Engineers, Inc. in the
amount of Forty -Two Thousand Five Hundred Thirty -Six Dollars ($42536.00) for
design and engineering services associated with the Lake Fayetteville Spillwa
Pedestrian Bridge Project.
Section 2. That the City Council of the City of Fayetteville, Arkan4
hereby approves a ten percent (10%) project contingency. O
V
PASSED and APPROVED this 20th day of May, 2003.
APPROVED:
By
•
•
• •
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This Contract is entered into on this 3"Sday of ■ ka ir 2003, between the
City of Fayetteville, a municipal corporation, and Carter & Burgesd, Inc.
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the City of Fayetteville and Carter & Burgess, Inc. agree as follows:
All of the provisions of Attachment -A are hereby incorporated by reference as if set forth
word for word herein.
Carter & Burgess, Inc. agrees and understands that it shall make available all records for
review by the City of Fayetteville and its auditors as reasonably requested. Carter & Burgess,
Inc. agrees and understands that it shall submit, upon request, to the City of Fayetteville, any
and all documents demonstrating compliance with applicable federal, state, and local rules
and regulations. The City of Fayetteville's failure to request supporting documentation,
however, shall not excuse any failure on the Carter & Burgess, Inc.'s part to have used the
standard of care in its profession to comply with the applicable federal, state, and local rules
and regulations. Carter & Burgess, Inc. agrees and understands that all contracts for services,
and other procurement for materials, services, or construction shall be carried out in
compliance with applicable federal, state, and local rules and regulations.
3. Carter & Burgess, Inc. shall hold harmless, and indemnify the City from any and all claims,
actions, suits, charges and judgments whatsoever that arise out of negligent performance or
nonperformance of the services or subject matter called for in this contra t, provided that
nothing herein shall be construed to alter, limit or otherwise comprom a ui : t immunity
afforded the City of Fayetteville under the Constitution and Statutes of the x . to of Arkansas.
4. Carter & Burgess, Inc. agrees and understands that any changestftcations, or
amendments in scope, price or fees to this contract shall not be alio t;d without a prior
formal contract amendment approved by the Mayor and the City Counc !+jt. advance of the
change in scope, cost or fees.
Nothing in this agreement shall be construed to give any rights or benefits to any party other
than Carter & Burgess, Inc. and the City of Fayetteville.
6. Carter & Burgess, Inc. agrees and understands that City contracts and documents prepared
while performing city contractual work are subject to the Arkansas Freedom of Information
Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Carter
& Burgess, Inc. will do everything possible to provide the documents in a prompt and timely
manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et.
seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for
this compliance.
7. This agreement shall be interpreted according to and enforced under the laws of the State of
• .
Arkansas.
8. The parties agree and understand that this contract is exclusive of any and all previous
contracts which may exist, and that it in no way alters, amends or abridges any rights,
obligations or duties of the parties contained in such contracts.
It is agreed that the failure of any party to invoke any of the available remedies under this
agreement or under law in the event of one or more breaches or defaults by any party under
the agreement shall not be construed as a waiver of such provisions and conditions and shall
not prevent the parties from invoking such remedies in the event of any future breach or
default.
10. Each paragraph of this agreement is severable from all other paragraphs. in the event any
court of competent jurisdiction determines that any paragraph or subparagraph is invalid or
unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in
full force and effect.
11. This contract constitutes the entire understanding of the parties and no modification or
variation of the terms of this contract shall be valid unless made in writing and signed by the
duly authorized agents of the City of Fayetteville and Carter & Burgess, Inc.
12. Each of the undersigned warrants that he or she has the full right, power and authority to
execute this contract on behalf of the party indicated for the purposes herein contained.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
CITY OFfIYEITE%{ILLE
By: /(ijttiit
DAN COODY, Mayor
ATTEST:
By: ,9aAdt
SONDRA SMITH, City Clerk
jr
CART & BURGESS, INC.
p ►
412 �%. ir/
MES ARBUCKLE, Vice President
2
• •
Attachment - A
Lake Fayetteville Spillway Bridge
Fayetteville, Arkansas
PROVISIONS
1. Authorization to Proceed
Signing this Agreement shall be construed as authorization by the City of Fayetteville ("CLIENT") for
CARTER & BURGESS, Inc. ("C&B") to proceed with the Services.
2. Compensation
The CLIENT shall compensate C&B for services provided under this agreement on a basis of Labor
Costs multiplied by a multiplier of 2.945, plus reimbursement of Direct Expenses not to exceed
$42,600.00.
3. Labor Costs
Labor Costs shall be the amount calculated by the number of hours actually worked by each of C&B's
employees on CLIENTs Project, multiplied by an amount charged for each such employee's work, which
is calculated by dividing each such employee's annualized, non -overtime compensation (whether salary
or paid to such employee at an hourly rate, as the case may be) divided by 2,080 hours per year
4. Direct Expenses
C&B's Direct Expenses shall be those costs incurred on or directly for the CLIENTS Project, Including but
not limited to necessary transportation costs including mileage at C&B's current rate when its automobiles
are used, meals and lodging, laboratory tests and analyses, computer services, word processing
services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the
basis of actual charges when furnished by commercial sources and on the basis of usual commercial
charges when furnished by C&B
5. Outside Services
When technical or professional services are furnished by an outside source, when approved by CLIENT,
an additional amount shall be added to the cost of these services for C&B's administrative costs.
6. Cost Estimates
Any cost estimates provided by C&B will be on a basis of experience and judgment. Since C&B has no
control over market conditions or bidding procedures, C&B does not warrant that bids or ultimate
construction costs will not vary from these cost estimates.
7. Professional Standards
C&B shall be responsible, to the level of competency presently maintained by other practicing
professionals in the same type of work in CLIENTs community, for the professional and technical
soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials
furnished undor this Agreement. C&B makes no warranty, expressed or implied.
8. Additional Services
Services in addition to those specified in Scope of Services will be provided by C&B if authorized in
writing according to Section 4 of the CONTRACT FOR SERVICES. Additional services will be paid for by
CLIENT according to the following Hourly Rate Schedule:
Staff Classification Or Duties Billing Rate
Project Manager $130.00 per hr
Design Engineer $80.00 per hr
Tech/ CADD $55.00 per hr
Clerical $45.00 per hr
Carter & Burgess - Attachment'K
Lake Fayetteville Spillway Bridge
Staff Classification Or DutiesBilling Rate
Senior Engineer $115.00 per hr
Senior Tech/ Designer $80.00 per hr
Survey Crew $90.00 per hr
Revised 5-2-03
•
91. Sales Tax
Applicable sales tax is not included in the above -proposed fee. Sales tax at an applicable rate will be
indicated on invoice statements.
10. Limitation of Liability
C&B's liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an
amount no greater than the fee earned under this Agreement.
11. Dispute Resolution
All disputes arising out of this Agreement shall be mediated by the parties within a reasonable time after
the first request for mediation, prior to either party filing a suit in a court of law, provided,: however, that
neither party shall be obligated to mediate prior to requesting injunctive relief.
12. Payment to Carter & Burgess, Inc. / Interest on Past -due Amounts
Monthly invoices will be issued by C&B for all Services performed under the terms of this agreement.
. Invoices are due and payable on receipt. CLIENT agrees to pay interest at the rate of 11/2% per month on
all past -due amounts, unless not permitted by law. Any interest charged or collected in excess of the
highest legal rate will be applied to the principal amount owing to C&B, and if such Interest exceeds the
principal balance of CLIENTS Indebtedness to C&B, will be retumed to CLIENT. It is the' intent of C&B
and CLIENT to abide by all applicable laws regulating the maximum amount of Interest that may be
charged. To the greatest extent allowed by applicable law, CLIENT and C&B agree that in the event
CLIENT and C&B enter Into any compromise or settlement calling for the payment of past due principal
and accrued and unpaid interest on any past -due invoice, C&B may charge and CLIENT agrees to pay
Interest on such combined past due principal and accrued and unpaid interest amount (the "New Principal
Balance") at the rate of 11/2% per month or at the highest rate allowed by law, subject, as provided herein,
to C&B's agreement to credit excess Interest or retum same to CUENT after the New Principal Balance Is
paid.
13. Termination for Non-payment of Fees
C&B may terminate this contract by giving written notice if any C&B invoice remains unpaid for more than
60 days. C&B's right to terminate this contract shall not be waived by C&B's continued performance
during any period of investigation by C&B to determine the reasons for CLIENTS nonpayment.
14. Termination
Either CLIENT or C&B may terminate this Agreement by giving 30 days' written notice to the other party.
In such event CLIENT shall forthwith pay C&B in full for all work previously authorized and performed
prior to effective date of termination. If no notice of termination is given, relationships and obligations
created by this Agreement shall be terminated upon completion of all applicable requirements of this
Agreement.
15. Legal Expenses
In the event legal action is brought by C&B to enforce any of the obligations hereunder or arising out of
any dispute conceming the terms and conditions hereby created, CLIENT shall pay C&B reasonable
amounts for fees, costs and expenses as may be set by the court.
16. Assignment to Related Entity
Notwithstanding anything in this Agreement to the contrary, in the event C&B is not qualified and licensed
in the relevant jurisdiction to provide any services required hereunder, C&B may, without the consent of
any other party assign all or any part of its obligation to provide such services to an entity related to C&B
which is qualified and licensed to provide such services in the jurisdiction involved and which Is
contractually bound to C&B to provide such services.
Carter & Burgess - Attachment °A* Revised 5-2-03
Lake Fayetteville Spillway Bridge
•
PROJECT ASSUMPTIONS
The cast, fees, and scope of services for this proposal has been prepared using the following assumptions:
• The total budget at this time is 300,000.00 Dollars for design and construction.
• The superstructure will be supplied by a pre-engineered pedestrian bridge manufacturer.
• The bridge may be multi -span, 200 to 300 feet in length, requiring no more than one design for the
abutments and one for the intermediate bents.
• Bridge will be 10 to 12 feet wide.
• All trail design will be performed by the owner, including horizontal and vertical geometry.
• The project will require only six meetings.
• No substantial changes will be made to the bridge by the owner after the 35 percent review.
• The owner will perform the bidding process and construction observation.
INFORMATION TO BE SUPPLIED BY THE CITY OF FAYETTEVILLE
The City of Fayetteville will arrange for the exchange of information and engineering data between other
consultants who have prepared plans within the project locale and the Carter & Burgess Design team The
following specific items will be supplied by the City to the Design Team:
• Existing Utility Information - The City will provide as -built plans for all existing utilities located within
the limits of design or construction for the project, including electrical, water, sanitary sewer, and
storm drainage facilities.
Inspection Reports — The City will provide inspection reports performed on the dam and weir for the
last three years
• Dam and Spillway Plans — The City will provide all available plans and reports for the construction of
the dam, spillway, and weir.
SCOPE OF SERVICES
The Basic Services proposed for this project include bridge design, development of plans, specifications
and cost estimates, review of bids, shop drawing review and participation in the final inspection for a
bridge over the spillway on Lake Fayetteville in Fayetteville, Arkansas. The Basic Services are further
defined as follows:
1. Meetings
• Kick -Off Meeting — set parameters and define goals and objectives for the design of the bridge
• Site visit — discuss bridge altematives and select preferred bridge type and location
• Three (3) Construction Site Visits — as directed by the City to observe construction and give
recommendations
• Final Inspection — walk through project with the City after construction is complete
2. Alternative Bridge and Alignment Study
• Work with the City through the development of altemate bridge types at select locations to determine
the preferred altemative
• Carter and Burgess will develop three (3) to five (5) altematives that meet the parameters, goals, and
objective of the project as set forth in the design meeting.
• Alternatives will be developed to a schematic level with deliverables to include a profile sketch of the
bridge, plan view showing a possible trail alignment and projected toes of slope, and an estimated
cost of the bridge based on available information.
3. Site Survey
• Topographic surveys will be conducted within the limits of construction of bridge for the preferred
alternative.
Carter & Burgess - Attachment' A- Revised 5-2-03
Lake Fayetteville Spillway Bridge
• •
4: Geotechnical investigation
• Geotechnical investigations will be performed by Grubbs, Hoskyn, Barton & Wyatt (nc.
5. Bridge Design
• The selected bridge alternative will be designed and plans developed in accordance with AASHTO
Standard Specifications for Highway Bridges and Guide Specifications for Design of Pedestrian
Bridges.
6. Construction Documents
• Provide plans, specifications, and cost estimate for the construction of a single bridge over the
spillway.
7. Bidding
• Review bids for the bridge construction and make an award recommendation.
8. Construction Observation
• Review of contractor shop drawings submittals required by construction documents
• Visit the project site with the City during the final inspection.
CORRESPONDANCE
1. The City of Fayetteville's representative shall be Steve Hatfield, until written notice is provided to Carter
and Burgess designating a new representative.
2. The Carter and Burgess representative shall be Mark Asher, P.E., until written notice Is provided to the
City of Fayetteville designating a new representative.
REIMBURSABLE EXPENSES
1. Out of pocket expenses related to mileage, meals with travel, courier expenses, printing, postage and
graphic reproduction shall be reimbursed at cost as set forth in the cost justification.
2. Cost of Geotechnical Engineering services provided by Grubbs, Hoskyn, Barton and Wyatt, Inc. shall be
reimbursed at cost as set forth in the cost justification.
3. Cost of permits or filing fees required by regulatory agencies or departments obtained for the City of
Fayetteville shall be paid by the City of Fayetteville.
ADDITIONAL SERVICES
Additional services shall consist of, but not be limited to, the following items:
• Client generated changes to design once work is in progress, will be billed at hourly rates per
proposals approved by the City of Fayetteville, until the work is at the same level of completion as it
was prior to the change.
• Design of elements outside the limits of the project scope.
• Additional meetings at the request of the City.
• The City of Fayetteville shall approve all changes to the contract and authorize all additional services.
EXCLUDED SERVICES
The following services are specifically excluded from this proposal, but may be added at the Client's request:
• Hydraulic and Scour Analysis
• Design and construction documents for trail approaches to the bridge.
• Receipt of bids and award of contract.
• Daily construction inspection or observation.
• Review of contractor submittals not required by construction documents.
Carter & Burgess - Attachment 'A' Revised 5-2-03
Lake Fayetteville Spillway Bridge
•
•
COST JUSTIFICATION
Lake Fayetteville Spillway Bndge
Fayetteville Arkansas
•
CarternBurgess
1.
Direct
Labor
Rate/Hour
Manhours
Cost
Subtotals
Principal -
350.00
000
$0.00
Protect Monger
$41.35
96 00
$3.969.60
Senior Engineer
$36.22
94.00
$3.401.68
Design Engineer
320.19
80.00
$1.615.20
Senior Tech/Designer
$26.00
36.00
3936.00
Tech/CADD
316.75
130.00
32177.50
Survey Crew
$30.00
20.00
$600.00
Secretory
313.00
16.00
$208.00
47200 312910.98
$12,910.98
2.
Burden
Rate
Base
Cost
General Office Overhead
162.97 %
$12910.98
- $21,041.02
*21.041.02
$21,041.02
3.
Direct
Costs
Computer/CADD
0.00 Hrs0 $11.00/Hr=
30.00
Plots
30.00 Shts 0 $2.00 /Sht =
560.00
Draft Plots
60 00
Shts 0 $1.00 /Sht =
$60.00
Photocopies
20000Shts 0 $0.08/Sht=
- 516.00
Telephone/FAX Charges
0.00 min 0 30.09 /min =
$0.00
Express Defrveries
4.00 0 $23.00 /Eo =
$80.00
Courier Deliveries
4.00 0 320.00 /Ea =
580.00
Auto Waage
2400.00 mi 0 30.36 /mi =
3864.00
At Trove!
000 RT 0 $200.00 /RT =
$0.00
Per Diem
$80.00 /Doy -
$0.00
Other
$1,160.00
$1,160.00
4.
Subcontracts
1. Geotechnical Engineer - Grubbs. Hoskyn Boston & Wyatt
$3.350.00
$3.350.00
$3,350.00
5.
Fee
Fee
$4.074.24
$4.074.24
$4,074.24
6.
Carter L Burgess Total Contract Cost
$42,536.24
See Attachment -A for proposed scope and assumptions used in preparing this cost estimate.
COST JUSTIFICATION
Lake Fayetteville SPIYway Fridge
Revised 4-14-03
1 Glance Pearman - contract amendment
i
Page 1
From: Clarice Pearman
To: Hatfield, Steve
Subject: contract amendment
I am in receipt of the contract amendment with Carter Burgess, Inc. The contract amendment however is
signed by Carter Burgess. Please let me know when a signed original for the mayor's signature can be
expected. Thanks.
Clarice
FAYETTgVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
To: Steve Hatfield
Parks & Recreation Division
From: Clarice BufTalohead-Pearman
City Clerk Division
Date: August 25, 2004
Re: Carter Burgess, Inc.
I have attached one of two originals of the Amendment No. I for Carter Burgess, Inc. The contract
amendment will be recorded in the city clerk's office and microfilmed.
If anything else is needed please let the clerk's office know. Thanks.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
FAYET 1 EVtLLE
THE CITY OF EAYETTEVILlt ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Connie Edmonston
Parks 8 Recreation Division
From: Clarice Buffalohead-Pearman
City Clerk's Division
Date: 5/28/2003
Re: Resolution 74-03
Attached hereto is an executed copy of the above resolution passed by the City Council May 20,
2003 approving a contract with Carter Burgess Architects/Engineers for services on the
pedestrian bridge project across the Lake Fayetteville spillway.
This information has been recorded in the city clerk's office and will be microfilmed. If anything
else is needed please let the city clerk's office know.
/cbp
Attachment(s)
cc Nancy Smith, Internal Auditor
XX AGENDA REQUEST
XX CONTRACT REVIEW
GRANT REVIEW
STArF REVIEW FORM - FINANCIAL OBLIGIPON
For the Fayetteville City Council Meeting of: May 20, 2003
FROM:
Connie Edmonston Parks and Recreation Operations
Name
Division Department
ACTION REQUIRED: Approval of contract with Carter Burgess Architects/Engineers, Inc for design and
engineering services for a pedestrian bridge across Lake Fayetteville spillway in the amount of $42,536 plus a
ten percent project contingency of $4,254, for a total cost of $46,790.
COST TO CITY:
$46,790.00 S 280,295.00 Lake Fayetteville/Sequoyah Impro
Cost of this request
44/U-94/U-o4UU.UU
2250-9255-5315.00 $ 75.00 Parks Development
Category/Project Budget Program Category / Project Name
Account Number
Funds Used to Date Program / Project Category Name
02043.01 $ 280,220.00 Parks Development
Project Number
Remaining Balance Fund Name
BUDGET REVIE • x Budgeted Item Budget Adjustment Attached
Budget Man ger Date
CONTRACT/GRANT/LEASE REVIEW:
1-v[-,
Accounting Manager
City A/t.torney
7/29/63 751 &LLCL i d,
Date Internal Au tor Date
01/10 5 f X 103
Da a Purchasing Manager Date
RECOMME.'% TION: A•proval of contract.
? -0,3
•i isi•n_H--•� Date
Departure
t Director
Finance & Internal Services Dir.
Date
Date
Chief ,_'T'inistr-G,ive Of icer
Date
Mayo � ' Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Date
NO
Staff Review Form - Page 2 •
Description Lake Fayetteville Sprillway Bridge
Meeting Date May 20, 2003
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
• •
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH CARTER
BURGESS ARCHITECTS/ENGINEERS, INC. IN THE AMOUNT
OF FORTY-TWO THOUSAND FIVE HUNDRED THIRTY-SIX
DOLLARS ($42,536.00) FOR DESIGN AND ENGINEERING
SERVICES ASSOCIATED WITH THE LAKE FAYETTEVILLE
SPILLWAY PEDESTRIAN BRIDGE PROJECT; AND APPROVING
A TEN PERCENT (10%) PROJECT CONTINGENCY .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkans s
hereby approves a contract with Carter Burgess Architects/Engineers:Ii e
amount of Forty -Two Thousand Five Hundred Thirty -Six Dollar i `75300) for
design and engineering services associated with the LakeF',e tville SJillway
Pedestrian Bridge Project. �► 1
Section 2. That the City Council
hereby approves a ten percent (10%) proj
PASSED and APPgOVJED this 0w day
the City "q
�\ ontingenay.
f May 2003.
ATT
By:
SONDRA SMITH, City Clerk
eville,'Arkansas
L,
By:
DAN COODY, Mayor
FAYETTEBILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
TO:
THRU:
FROM:
DATE:
SUBJECT:
•
Mayor Coody and City Council
Gary Dumas, Operations Director I(�
Connie Edmonston, Parks and Recreation DirectoW
tf
Steve Hatfield, RLA, ASLA, Trails & Greenways Coordinator
April, 18 2003
Approval of contract with Carter Burgess Architects/Engineers, Inc. for design
and engineering of a pedestrian bridge across the Lake Fayetteville spillway.
Background
Lake Fayetteville was completed in late 1949 and included 147 acres of land surrounding the lake. Lake
Fayetteville has since become the source of much pndc for Fayetteville. The Lake is currently used for
fishing, canoeing, hiking, mountain biking, softball, volleyball, and picnicking. The park amenities at Lake
Fayetteville include five and one-half miles of extensive hiking and biking trails around the Lake.
During a series of public meetings held during the Parks Master Plan update process, last year, citizens
repeatedly and overwhelmingly indorsed continued improvements to the Lake Fayetteville trail and
through out the city
The bridge will be a tremendous asset to the trail system and to the City. Constructing a bridge across the
spillway area will complete the loop trail connecting Veterans Memorial Park to the North Shore Site.
This Project, (Lake Fayetteville Spillway Bridge) will open up this wonderful trail experience to many
Fayetteville citizens and visitors alike.
Current Status
A Professional Services Selection Committee had the arduous task of reviewing 4 proposals from some of
the top Engineering firms in the arca. Of the firms that submitted proposals Carter Burgess was selected to
provide professional bridge design and engineering services for the Spillway Bridge.
Recommendation
The Parks and Recreation Division staff negotiated the scope of services and recommends a contract be
entered into with Carter Burgess Architects/Engineers, Inc. for the amount of S42,536.24 plus a ten (10%)
percent project contingency of S4,255 for a total project cost of S46 791.24
If you have any questions or need additional information, please call mc at 718-7688.
Attachments:
Contract
Scope of Services
Cost Justification
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This Contract is entered into on this day of , 2003, between the
City of Fayetteville, a municipal corporation, and Carter & Burgess Architects/Engineers, Inc.
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the City of Fayetteville and Carter & Burgess Architects/Engineers, Inc. agree as
follows:
1. All of the provisions of Attachment -A are hereby incorporated by reference as if set forth
word for word herein.
3.
Carter & Burgess Architects/Engineers, Inc. agrees and understands that. -it
available all records for review by the City of Fayetteville and its audi�rts
ds
l stra(
yeti
t excuse an %f: ilure
ed with the
Carter & Burgess Architects/Engineers, Inc. agrees and unders t shall
request, to the City of Fayetteville, any and all documen d ' compli
federal, state, and local rules and regulations. The City", ?< ville's fad
supporting documentation, however, shall cr the Carte
federal, n
agrees and iterstands
rials, service] p Oenstruction
I, state, and local rules and
Architects/Engineers, Inc.'s part to have co
rules and regulations. Carte & Burgess
d other p
ancc w
that all contracts fore
shall be carried cal -'n co
regulations.
cts/Engir ee
nt for mat
blc fe
ake
regill:sted.
bmit, upon
ce with all
to request
& Burgess
e, and local
.y, G er&B igsArc1 ec
4
1 ty from an, dall•
o performc= or rn.
t
c ntract, p e t ded 1 a
c mpromi ehat ''�•
Siatutes,o
aims
nper
nothi
nginee,
tions
Inc. sh4Jilto d harmless, defend and indemnify the
charges and judgments whatsoever that arise out
the services or subject matter called for in this
g herein shall be construed to alter, limit or otherwise
ity afforded the City of Fayetteville under the Constitution and
e S e of Arkansas.
4. je r & Burgess Architects/Engineers, Inc. agrees and understands that any changes,
modifications, or amendments in scope, price or fees to this contract shall not be allowed
without a pnor formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
Nothing in this agreement shall be construed to give any rights or benefits to any party other
than Carter & Burgess Architects/Engineers, Inc. and the City of Fayetteville.
Carter & Burgess Architects/Engineers, Inc. agrees and understands that City contracts and
documents prepared while performing city contractual work are subject to the Arkansas
Freedom of Information Act. If a Freedom of Information Act request is presented to the
City of Fayetteville, Carter & Burgess Architects/Engineers, Inc. will do everything possible
to provide the documents in a prompt and timely manner as prescribed in the Arkansas
• •
Freedom of Information Act (A.C.A. §25-19-101 et. seq) Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
This agreement shall be interpreted according to and enforced under the laws of the State of
Arkansas.
The parties agree and understand that this contract is exclusive of any and all previous
contracts which may exist, and that it in no way alters, amends or abridges any rights,
obligations or duties of the parties contained in such contracts.
It is agreed that the failure of any party to invoke any of the available remedies under this
agreement or under law in the event of one or more breaches or defaults by any party under
the agreement shall not be construed as a waiver of such provisions and conditions and shall
not prevent the parties from invoking such remedies in the event of any future breach or
default.
10. Each paragraph of this agreement is severable from all other paragraphs. In the event any
court of competent jurisdiction determines that any paragraph or subparagraph is invalid or
unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in
full force and effect.
This contract constitutes the entire understanding of the parties and no modification or
variation of the terms of this contract shall be valid unless made in writing and signed by the
duly authorized agents of the City of Fayetteville and Carter & Burgess Architects/Engineers,
Inc.
•
12. Each of the undersigned warrants that he or she has the full right, power an' a` • • to
execute this contract on behalf of the party indicated for the purpose he o aine .
4,.
t'r
CIT OFFAYE ��j VILIE
By '1`�
it •V` OOD ayor re -
11/#1
.
J/#.\
fir
IN WITNESS WHEREOF, we have hereunto set our hands o
ATTEST:
By
ve.
SO
RTER & BURGESS
ARCHITECTS/ENGINEERS, INC.
By:
2
• •
Attachment - A
SCOPE OF SERVICES
Lake Fayetteville Spillway Bndqe
Fayetteville, Arkansas
The Basic Services proposed for this project include bridge design, development of plans, specifications
and cost estimates, review of bids, shop drawing review and participation in the final inspection for a
bridge over the spillway on Lake Fayetteville in Fayetteville, Arkansas.
PROJECT ASSUMPTIONS
The cost, fees, and scope of services for this proposal has been prepared using the following assumptions:
• The total budget at this time is 300,000.00 Dollars for design and construction.
• The superstructure will be supplied by a pre-engineered pedestrian bridge manufacturer.
• The bridge may be multi -span, 200 to 300 feet in length, requiring no more than one design for the
abutments and one for the intermediate bents.
• Bridge will be 10 to 12 feet wide.
• All trail design will be performed by the owner, including horizontal and vertical geometry.
• The project will require only six meetings.
• No substantial changes will be made to the bridge by the owner after the 35 percent review.
• The owner will perform the bidding process and construction observation.
INFORMATION TO BE SUPPLIED BY THE CITY OF FAYETTEVILLE
The City of Fayetteville will arrange for the exchange of information and engineering data between other
consultants who have prepared plans within the project locale and the Carter & Burgess Design team. The
following specific items will be supplied by the City to the Design Team:
Existing Utility Information - The City will provide as -built plans for all existing utilities located within the limits
of design or construction for the project, including electrical water, sanitary sewer, and storm drainage
facilities.
Inspection Reports - The City will provide inspection reports performed on the dam and weir for the last three
years.
Dam and Spillway Plans - The City will provide all available plans and reports for the construction of the dam,
spillway, and weir.
SCOPE OF SERVICES
The Basic Services are defined as follows:
1. Meetings
• Kick -Off Meeting - set parameters and define goals and objectives for the design of the bridge
• Site visit - discuss bridge altematives and select preferred bridge type and location
• Three (3) Construction Site Visits - as directed by the City to observe construction and give
recommendations
• Final Inspection - walk through project with the City after construction is complete
2. Altemative Bridge and Alignment Study
• Work with the City through the development of alternate bridge types at select locations to determine
the preferred altemative.
• Carter and Burgess will develop three (3) to five (5) altematives that meet the parameters, goals, and
objective of the project as set forth in the design meeting.
Carter & Buraess • AttarhmAnt •A•