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HomeMy WebLinkAbout116-05 RESOLUTION• • 4a/4s-- AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER ENGINEERS, LLC THIS AGREEMENT is made as of JUJU- al , 2005, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Garver Engineers, LLC with offices located in Fayetteville (hereinafter called GARVER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, and construction of roadways within the City of Fayetteville, and in particular, engineering and surveying services related to proposed improvements to Van Asche Drive from its termination in the existing CMN Business Park II, Phase I, west to Gregg Avenue or as further described in Appendix A. Therefore, CITY OF FAYETTEVILLE and GARVER in consideration of their mutual covenants agree as follows: GARVER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of GARVER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services are to be provided by GARVER under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of GARVER. Assignments may include services described hereafter as Basic Services or as Additional Services of GARVER. 1.2 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, costs, fees, or delivery schedule. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 1 of 25 Van Ashe Drive Extension • SECTION 2 - BASIC SERVICES OF GARVER 2.1 General • 2.1.1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil engineering services, surveying services, and support incidental thereto. 2.1.1.1 The Scope of Services to be furnished by GARVER during the Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by GARVER during the Bidding Phase is included in Section 2.3 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.3 The Scope of Services to be furnished by GARVER during the Construction Phase is included in Section 2.4 hereafter and will be negotiated in full and added by an amendment to this agreement. Additional scope of services for the Construction Phase will be described in Appendix B. 2.1.2 Execution of this agreement will authorize the Engineer to proceed with the services as described herein. 2.2 Design Services 2.2.1 GARVER will perform engineering, surveying and related services in order to prepare for and incorporate in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related documents. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 2 of 25 Van Ashe Drive Extension • • 2.2.1.1 Bid Documents shall be based on the City of Fayetteville's standard Contract Documents and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Technical Specifications will be Garver Standard Roadway Specifications similar to previous jobs completed for the City of Fayetteville. Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoft°" Word version 2000 or later software. Contract drawings shall be prepared using Garver standard borders, sheet sizes, title blocks and CADD standards. GARVER may use their normal software for the preparation of drawings but the final product shall be provided to CITY OF FAYETTEVILLE in Autodesk AutoCAD version 2000 or later. 2.2.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF FAYETTEVILLE, a project design schedule in which GARVER shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by GARVER in the completion of this final design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF FAYETTEVILLE, performance of services by CITY OF FAYETTEVILLE's consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by CITY OF FAYETTEVILLE, or for delays or other causes beyond GARVER's reasonable control. 2.2.1.2.1 The progress design schedule shall consist of a tabular list of milestones and calendar days for each phase of services. 2.2.1.3 When requested by the CITY OF FAYETTEVILLE's City Engineer, prepare for and attend up to two City Council meetings to provide periodic updates on the progress of the design. 2.2.1.4 The Engineer will coordinate and conduct a public meeting and request all local utilities be present. The Engineer's exhibits for this public meetings will address the City's Conceptual Design comments. The exhibits will include a current set of full- sized Plans and foam display boards at a 1"=20' scale, utilizing aerial photographs and property information. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 3 of 25 Van Ashe Drive Extension • • 2.2.1.5 if the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall be developed and described in accordance with Title 22, Article 9-203 of the Arkansas Code. 2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist in securing approvals. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 2.2.2.1 Coordinate the project with the U.S. Army Corps of Engineers (COE) as required for a 404 Permit for the bridge. 2.2.2.2 Coordinate with the Arkansas Department of Health for water and sewer relocation as required. 2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost opinion for the Project caused by changes in scope, design requirements, or construction costs and fumish a revised cost opinion for the Project based on the final Bid Documents. 2 2 4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing, and one-year performance evaluation. 2.2.5 Furnish CITY OF FAYETTEVILLE h 5 copies of the final Bid Documents. 2.2.6 Determine land and easement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. 2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 4 of 25 Van Ashe Drive Extension easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.2.7.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided, and the value of the subcontract agreement. 2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the performance schedule contained in Appendix A. 2.2.8 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, at the applicable completion levels outlined in Appendix A. 2.3 Bidding Phase 2.3.1 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to contractors of record. Notices shall comply with requirements of CITY OF FAYETTEVILLE. The legal notice to be placed in legal notices section of a local newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of publication secured. 2.3.2 Prepare addenda for drawings and Bid Documents as required and submit to CITY OF FAYETTEVILLE in timely manner such that addenda can be issued by GARVER in accordance with Construction Contract General Conditions. 2.3.3 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents. Update wage rate decision by addendum if necessary. 2.3.4 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and communications during bidding and maintain list of plan holders. Print and distribute copies of plans and specifications for all prospective bidders and plan rooms. Collect from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 5 of 25 Van Ashe Drive Extension • • 2.3.4.1 GARVER shall organize, attend, convene and conduct a Pre -Bid Conference to explain the project requirements and receive questions from prospective bidders. The CITY OF FAYETTEVILLE shall be invited to attend. GARVER shall consider the questions received and issue necessary clarifications and changes to the Bid Documents through the use of addenda. 2.3.5 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing construction contracts. 2.3.6 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 2.3.7 Make recommendations regarding award of construction contracts. 2.3.8 Attend City Council meeting to recommend and/or provide support to the project. Prepare and present a recommendation complete with such supporting information as necessary for the bodies to make an informed decision on the action recommended. 2.4 Construction Phase 2.4.1 The scope of Construction Phase Services will be described in detail in Appendix B, which will be added with a future amendment to this agreement. SECTION 3 - ADDITIONAL SERVICES OF GARVER 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by GARVER, GARVER shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Flood Plain/Floodway Map Revisions Prepare applications and supporting documents for submission to FEMA for revising floodplain/floodway maps. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 6 of 25 Van Ashe Drive Extension • 3.1.2 Financial Consultation Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such engineering data as required for any bond prospectus or other financing requirements. 3.1.3 Administrative Assistance Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. 3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use. 3.1.5 Miscellaneous Studies Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.7 Extra Services 3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond GARVER's control, GARVER shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to GARVER If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, GARVER shall have no obligation to provide those services. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 7 of 25 Van Ashe Drive Extension • • 3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's program or Project Budget. 3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of GARVER: 4.1 Provide HEC -HMS Hydrologic and HEC -RAS Hydraulic models for GARVER's use. 4.2 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 4.3 Assist GARVER by placing at GARVER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.4 Guarantee access to and make all provisions for GARVER to enter upon public and private property as required for GARVER to perform his services under this Agreement. 4.5 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by GARVER and render in writing decisions pertaining thereto. 4.6 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.7 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 8 of 25 Van Ashe Drive Extension • • 4.8 Give prompt written notice to GARVER whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.9 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. Unless otherwise described in the attached Scope of Work. 4.10 Pay for placement of legal notices and advertisements in newspapers or other publications. 4.11 Furnish, or direct GARVER to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.12 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such documents for GARVER's use in coordinating the Contract Drawings and Specifications. 4.13 CITY OF FAYETTEVILLE and/or its representative will provide all available environmental information and data related to Skull Creek and the CMN Business Park development in a timely manner. 4.14 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to GARVER in a timely manner. SECTION 5 - PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. GARVER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. Contract - Prime Agreement GARVER - CITY OF FAYETTEVILLE 9 of 25 Van Ashe Drive Extension • • SECTION 6 - PAYMENTS TO GARVER 6.1 Compensation 6.1.1 Design Surveys, Property Surveys, and Property Acquisition Documents For the Survey Phase described herein, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of $29,100. 6.1.2 Traffic Studies and Signalization Design For Traffic Studies and Signalization Design described herein, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of $18,200. 6.1.3 Geotechnical Services For Geotechnical Services, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of $10,000. 6.1.4 Conceptual Design For the Conceptual Design described herein, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of $52,500. 6.1.5 Substantially Complete Design For the Substantially Complete Design described herein, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of $74,900. 6.1.6 Final Design For the Final Design described herein, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of $35,100. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 10 of 25 Van Ashe Drive Extension • • 6.1.7 Bidding Services For the Bidding Services described herein, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of $5,400. 6.1.8 Construction Phase Services For the Construction Phase, CITY OF FAYETTEVILLE shall pay GARVER an amount to be negotiated at a later date. 6.1.9 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to GARVER shall be negotiated at the time Additional services are authorized. 6.2 Statements Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with GARVER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by GARVER and approved by CITY OF FAYETTEVILLE. Statements will be based on GARVER's estimated percent of services completed at the end of the preceding month. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of GARVER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise GARVER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, GARVER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE II of 25 Van Ashe Drive Extension • • FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by GARVER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against GARVER or his sureties under this Agreement or applicable performance and payment bonds, if any. Final payment for each phase of services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of each phase for the Project. 6.5 Fee Changes Subject to the City Council approval, adjustment of the lump sum amount may be made should GARVER establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract, unless noted herein, shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. Any unused portion of the fee, not billable due to delays beyond the Engineer's control, will be increased 6% annually with the first increase effective on or about May 1, 2006. SECTION 7 - GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, GARVER will maintain (in United States Dollars) the following minimum insurance coverages: Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 12 of 25 Van Ashe Drive Extension • Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance • Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim GARVER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and GARVER as additional insureds, or, to endorse CITY OF FAYETTEVILLE and GARVER ENGINEERS as additional insureds on construction Contractor's liability insurance policies covering claims for personal injuries and property damage. Construction Contractors shall be required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE and GARVER All contract insurance carriers shall be required to list GARVER and CITY OF FAYETTEVILLE as certificate holders, furnishing copies of the contractor's insurance certificate to each party. 7.1.3 CITY OF FAYETTEVILLE and GARVER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of GARVER's services. A provision similar to this shall be incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE, and all construction Contractors shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and GARVER for damage or liability covered by any construction Contractor's policy of insurance. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 13 of 25 Van Ashe Drive Extension i • 7.2 Professional Responsibility 7.2.1 GARVER will exercise reasonable skill, care, and diligence in the performance of GARVER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to GARVER any defects or suspected defects in GARVER's services of which CITY OF FAYETTEVILLE becomes aware, so that GARVER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE and GARVER further agree to impose a similar notification requirement on all construction contractors in the Bid Documents and shall require all subcontracts at any level to contain a like requirement. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of GARVER. 7.2.2 hi addition GARVER will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by GARVER's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.3 Cost Opinions and Projections Cost opinions and projections prepared by GARVER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on GARVER's experience, qualifications, and judgment as a design professional. Since GARVER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, GARVER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by GARVER 7.4 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of GARVER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 14 of 25 Van Ashe Drive Extension • • order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of GARVER. 7.5 Termination 7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given. 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that GARVER is given. 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.5.3.2 Any payment due to GARVER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of GARVER's default. 7.5.4 If termination for default is effected by GARVER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to GARVER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 15 of 25 Van Ashe Drive Extension reasonably incurred by GARVER relating to commitments which had become firm prior to the termination. 7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, GARVER shall: 7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by GARVER in performing this Agreement, whether completed or in process. 7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 7.5.7 If, after termination for failure of GARVER to fulfill contractual obligations, it is determined that GARVER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.6 Delays In the event the services of GARVER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond GARVER's reasonable control, GARVER shall be entitled to additional compensation and time for reasonable costs incurred by GARVER in temporarily closing down or delaying the Project. 7.7 Rights and Benefits GARVER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 16 of 25 Van Ashe Drive Extension • • 7.8 Dispute Resolution 7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and GARVER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or GARVER in the performance of this Agreement, and disputes concerning payment. 7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with 7.8.3 Notice of Dispute 7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give GARVER written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and GARVER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of GARVER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 17 of 25 Van Ashe Drive Extension • • 7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to GARVER for services rendered by GARVER 7.10 Publications Recognizing the importance of professional development on the part of GARVER's employees and the importance of GARVER's public relations, GARVER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to GARVER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to GARVER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of GARVER's activities pertaining to any such publication shall be for GARVER's account. 7.11 Indemnification 7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and GARVER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.12 Computer Models GARVER may use or modify GARVER's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or GARVER may develop computer models during GARVER's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by GARVER does not constitute a license to CITY OF FAYETTEVILLE to use or modify GARVER's computer models. Said proprietary computer models shall remain the sole property of the GARVER. CITY OF FAYETTEVILLE and GARVER will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use GARVER's computer models. 7.13 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 18 of 25 Van Ashe Drive Extension • • CITY OF FAYETTEVILLE. GARVER may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by GARVER as part of the Services shall become the property of CITY OF FAYETTEVILLE when GARVER has been compensated for all services rendered, provided, however, that GARVER shall have the unrestricted right to their use. GARVER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of GARVER. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. GARVER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govem. 7.14 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: City of Fayetteville: Attn: Ron Petrie, PE 113 West Mountain Fayetteville, AR 72701 GARVER's address: Garver Engineers; Attn: Brock Hoskins, PE 1088 East Millsap Road Fayetteville, AR 72703 7.15 Successor and Assigns CITY OF FAYETTEVILLE and GARVER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 19 of 25 Van Ashe Drive Extension • above, neither CITY OF FAYETTEVILLE nor GARVER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.16 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.17 Entire Agreement This Agreement represents the entire Agreement between GARVER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to GARVER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by GARVER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 8 - SPECIAL CONDITIONS 8.1 Additional Responsibilities of GARVER: 8.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve GARVER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 GARVER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by GARVER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 8.1.3 GARVER's obligations under this clause are in addition to GARVER's other express or implied assurances under this Agreement or State law and in no way diminish any Contract — Prime Agreement GARVER — CITY OF FAYETTEVILLE 20 of 25 Van Ashe Drive Extension other rights that CITY OF FAYETTEVILLE may have against GARVER for faulty materials, equipment, or work. 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and GARVER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records 8.3.1 GARVER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. GARVER shall also maintain the financial information and data used by GARVER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. GARVER will provide proper facilities for such access and inspection. 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: Contract — Prime Agreement 21 of 25 Van Ashe Drive Extension GARVER — CITY OF FAYETTEVILLE L 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of GARVER; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. 8.4 Covenant Against Contingent Fees GARVER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by GARVER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.5 Gratuities 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that GARVER or any of GARVER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to GARVER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the Contract — Prime Agreement 22 of 25 Van Ashe Drive Extension GARVER — CITY OF FAYETTEVILLE I 0 facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against GARVER as it could pursue in the event of a breach of the Agreement by GARVER. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs GARVER incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub - consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, GARVER 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. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Contract - Prime Agreement 23 of 25 Van Ashe Drive Extension GARVER - CITY OF FAYETTEVILLE (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. [ further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAM DATE:_ PRINTED NAME: Brock Hoskins TITLE: Vice President Contract — Prime Agreement 24 of 25 Van Ashe Drive Extension GARVER — CITY OF FAYETTEVILLE IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and GARVER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYE1 MLLE, NSAS • By: :FAYETTEVILLE• = Mayor, s�9Rk SQr%'a, ATTEST: AN '.NGT0N��u�J�``� By: City Clerk Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Contract — Prime Agreement 25 of 25 Van Ashe Drive Extension GARVER—CITY OF FAYETTEVILLE APPENDIX A — SCOPE OF SERVICES 2.1 General Generally, the scope of services includes surveying, design, preparation of property acquisition documents, and bidding services for improvements to Van Asche Drive from its existing termination in the CMN Business Park II, Phase I west to Gregg Avenue in Fayetteville, Arkansas and will include intersection improvements on the west side of Gregg Avenue. Improvements will consist primarily of new street construction, including curb and gutter and drainage improvements, a bridge crossing Skull Creek, and attendant improvements to Skull Creek (if required). The typical section will be in accordance with the City of Fayetteville's principal arterial standard. The median will be reduced to allow for a turn lane at Gregg Avenue. The Engineer will provide traffic studies and signalization design at the intersection of Van Asche Drive and Gregg Avenue. Improvements will also likely include a connection of Northwood Avenue with Van Asche, as directed by the City. 2.2 Design Surveys, Property Surveys, and Property Acquisition Documents 2.2.1 Design Surveys The Engineer will provide all field survey data for designing the project. The Engineer will conduct field surveys consisting of cross sections, utilizing radial topography methods, at intervals and for distances on each side of the existing and proposed streets as appropriate for modeling the existing ground, including locations of any pertinent features or improvements between sections along the designated footprint of the project, and extending up to 500 feet upstream and 500 feet downstream on Skull Creek. Buildings and other structures, streets, drainage features, trees over eight inches in diameter, general boundaries of tree lines, visible utilities,underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be encountered on the project site, will be located. Permanent control points will be established along the alignment utilizing GPS methods in combination with electronic total stations and data collectors noting the coordinates and elevations to the nearest 0.01 foot. All survey data will be tied to the City of Fayetteville's plane coordinate system and all elevations will be tied to the National Geodetic Vertical Datum (NGVD) 1929. 2.2.2 Property Surveys The Engineer will locate existing monuments representing right-of-way and/or easements based on record data. The Record data will be provided by an abstractor under a separate agreement with the Engineer. 2.2.3 Property Acquisition Documents The Engineer will 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. The acquisition documents shall be in a format agreed to by the City and the Engineer. The fee for providing property acquisition documentation is based on permanent right of way and temporary construction easements for no more than 3 properties. Property acquisition document preparation will begin after receiving the Owner's comments from the Conceptual Design review. Appendix A - Scope of Services I of 6 0596-1000 Van Asche Drive Extension I 0 2.3 Conceptual Design This conceptual design phase will be for the purpose of coordinating the proposed improvements with the City and the utility companies, developing an order of magnitude cost estimate for the project, and Northwood Avenue modifications, determining the proposed bridge and channel improvements at Skull Creek. The submittal will include preliminary typical sections, plan and profile sheets showing horizontal and vertical geometry of the roadway and channel improvements, and bridge layout, utility conflicts, cross sections, right-of-way requirements, proposed water and sewer relocation plan, and an opinion of probable construction cost. The Conceptual Design phase will represent approximately 30 percent of final construction contract plans. The Engineer will not begin preliminary design until the conceptual design review comments are received and the Plans are approved by the Owner in writing. The Engineer will furnish three sets of conceptual plans to the Owner and one set to each potentially affected utility company. The Engineer will coordinate and conduct a public meeting and request all local utilities be present. The Engineer's exhibits for this public meeting will address the City's Conceptual Design comments. The exhibits will include current set of full-sized Plans and foam display boards at a l"=20' scale, utilizing aerial photographs and property information. The Engineer will attend the next scheduled City Council meeting after the public meeting. 2.4 Substantially Complete Design During the Substantially Complete Design Phase of the project, the Engineer will address the City's Conceptual Design comments regarding the proposed improvements and will initiate the permitting process with the Corps of Engineers (COE). The Substantially Complete Design Phase submittal will include preliminary typical sections, plan and profile sheets showing horizontal and vertical geometry of the roadway and channel improvements, bridge plans, signalization plans for the Van Asche Drive and Gregg Avenue intersection, cross sections, right-of-way requirements, a single sheet maintenance of traffic plan for the Gregg Avenue intersection, driveway plans, drainage improvements, water and sewer relocation plans, sidewalks, signing and striping plans, a median irrigation plan, and an opinion of probable construction cost. The Substantially Complete Design Phase will represent approximately 90 percent of final construction contract plans. This submittal will include technical specifications and "front end" contract documents. The Engineer will not begin final design until the preliminary design review comments are received and the Plans are approved by the Owner in writing. The Engineer will furnish three sets of Substantially Complete Plans to the Owner and one set to each potentially affected utility company. 2.5 Final Design During the Final Design Phase of the project, the Engineer will address the City's Substantially Complete Design comments The Engineer will conduct a final utility coordination meeting at the onset of this phase. The Appendix A - Scope of Services 2 of 6 0596-1000 Van Asche Drive Extension Engineer will review the City's comments with the utilities and integrate any utility relocation information received at this meeting. The final design phase will include preparation of final construction plans and specifications for one construction contract, including final construction details and quantities, special provisions, opinion of probable construction cost, and all other work required to advertise for bids. The Engineer shall make a final field inspection with Owner and will make any needed plan changes as a result of the final field inspection and/or special easement acquisition considerations. Contract documents shall be based on the City of Fayetteville's standard Contract Documents and shall incorporate the City of Fayetteville's standard general conditions and forms. Technical Specifications will be Garver Standard Roadway Specifications similar to previous jobs completed for the City of Fayetteville. 2.6 Environmental Surveys, Permitting, and Coordination with COE We understand as part of the original development process for the CMN Business Park, the corridor for the extension of Van Asche to Gregg Avenue has already been designated. We also understand as part of that process, the environmental mitigation has already been accomplished including clearances from the Corps of Engineers regarding wetlands, U.S. Fish and Wildlife Service, and the State Historic Preservation Office. The Engineer will work with COE to obtain the 404 permits for the project. Due to the size of the project, both an Individual and Nationwide Permit are expected. 2.7 Traffic Studies and Signalization Design The Engineer will complete a traffic study for the intersection of the proposed Van Asche extension and Gregg Avenue. The Engineer will perform traffic counts on Gregg Avenue and project traffic volumes on Van Asche Drive. Left -turn lanes, storage lengths, and other improvements will be recommended based upon the results of the study. The Engineer shall coordinate with the City's Traffic Division for proper phasing design of signalization for the intersection. Signalization design shall be incorporated into the construction plans and specifications. 2.8 Drainage Study for Bridge The Engineer will meet with the City to discuss the scope of the drainage study. The Engineer will develop a new hydrologic model using HEC-HMS and will perform hydrologic analyses of the Scull Creek drainage basin. Methodology will be selected by the Engineer but will be as permitted in the City Drainage Criteria Manual. Modeling parameters, such as areas, slopes, drainage paths, and distances will be obtained from City provided planimetric contour maps and aerial photos and verified by field investigations. Runoff characteristics for non -developed areas will be based on current land -use plans. The Engineer will review the existing HEC-RAS hydraulic model provided by the City. The Engineer will develop a GIS-based HEC-RAS model for the portion of Scull Creek from the downstream edge of Fulbright Expressway to Mud Creek. The flow rate from the 100 -year storm event will be used to evaluate channel and bridge improvements for the Van Asche Street crossing of Scull Creek. Appendix A - Scope of Services 3 of 6 0596-1000 Van Asche Drive Extension Backwater analyses will be performed, using the new model, to determine the extent of the selected bridge and channel improvements and to determine limits of 100 -year floodplain and floodway for the portion of Scull Creek from the downstream edge of Fulbright Expressway to the confluence with Mud Creek. The starting water surface elevation for the new hydraulic model will be taken from the model provided by the City. The City -provided hydraulic model upstream of Fulbright will be modified by: • Deleting the portion of the model downstream of Fulbright Expressway and replacing the deleted portion with a starting water surface elevation at the new downstream cross section; • including updated flow rates obtained from the new HEC-HMS model developed by the Engineer. The Engineer will meet with City staff to review the recommended channel and bridge improvements. Upon the City's final selection of channel and bridge improvements the Engineer will perform final hydrologic and hydraulic analyses and submit to the City electronic copies of the HEC-HMS and HEC-RAS models and a drainage report. The drainage report will include the following: • Floodplain and floodway profiles and tables for the area downstream of Fulbright; • Water surface profile and table for the 100 -year event for the proposed channel and bridge improvements; • City planimetric map showing cross -sections and floodplain and floodway limits downstream of Fulbright; • Tables showing input data for the HEC-HMS model; • Schematic of the HEC-HMS model; • A map showing drainage basins and subbasins. Coordinate with COE to acquire Nationwide permit for utilities and individual permit for bridge and channel. 2.9 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, and prepare construction contracts. The Engineer will attend the City Council meeting when the Construction contract is scheduled to be awarded. 2.10 Geotechnical Services The Engineer will be responsible for obtaining, interpreting, and evaluating geotechnical data necessary for the design of this project, including the roadway and bridge. 2.11 Construction Phase Services The scope of Construction Phase Services will be added with a future amendment to this agreement. Appendix A - Scope of Services 4 of 6 0596-1000 Van Asche Drive Extension 2.12 Project Deliverables The following will be submitted to the Owner, or others as indicated, by the Engineer: I. Two copies of the Traffic Study Report. 2. One copy of the Geotechnical Report. 3. Two copies of the Drainage Report for Skull Creek. 4. One electronic copy of the HEC-HMS and HEC-RAS models. 5. Three copies of the Conceptual Design with opinion of probable construction cost. 6. One copy of the revised Conceptual Plans (from the City and Public Meeting comments) to each potentially affected utility company. 7. Three copies of the Substantially Complete Design with opinion of probable construction cost. 8. Three copies of the Substantially Complete Plans to each potentially affected utility company. 9. Five copies of the Final Design with opinion of probable construction cost. 10. One copy of the Final Plans to each potentially affected utility company. 11. Three copies of the Final Plans and Specifications to the Contractor. 12. Three copies of the right-of-way acquisition documents. 13. Electronic files as requested. 2.14 Extra Work The following items are not included under this agreement but will be considered as extra work: 1. Redesign for the Owner's convenience or due to changed conditions after prior approval or conflicting direction from the City. 2. Submittals or deliverables in addition to those listed in paragraph 2.13. 3. Design of any utilities relocation other than water and sewer. 4. Retaining wall or other significant structural design other than what is required for a bridge structure. 5. Street lighting or other electrical design beyond that required for traffic signalization. 6. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction contract documents will require the Contractor to prepare, maintain, and submit a SWPPP to ADEQ. 7. Construction materials testing. 8. Wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. 9. Map revisions (CLOMR/LOMR) to FEMA Maps 10. Construction phase services. Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the Owner and the Engineer. 2.15 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 the schedule below: Phase Description Calendar Days Traffic Study 45 days from start date Geotechnical Engineering 45 days from start date Surveys - Design and Property 45 days from start date Appendix A - Scope of Services 5 of 6 0596-1000 Van Asche Drive Extension 0 I Conceptual Design Public Meeting Substantially Complete Design Property Acquisition Documents Final Design Appendix A - Scope of Services Van Asche Drive Extension 100 days from start date 15 days from receipt of Conceptual Design Comments 60 days from Conceptual Design Approval 15 days from Conceptual Design Approval 45 days from Substantially Complete Design Approval 6of6 0596-1000 0 S APPENDIX A-2 CITY OF FAYETTEVILLE VAN ASCHE EXTENSION - STEEL TO GREGG FEE SUMMARY Surveys - Topographic/Property/Acquisition Documents Conceptual Design Substantially Complete Design Final Design Traffic Studies and Signalization Design Bidding Services Construction Phase Services $29,100.00 $52,500.00 $74,900.00 $35,100.00 $18,200.00 $5,400.00 $0.00 Subtotal $215,200.00 Geotechnical Services $10,000.00 Nj jN -wle o UIIH � z CiiI O w O It m 1 PN S $ o S 8 $ o F?y �``P ' � I ��3N 4 C [[.fqfl CSv 3 °egg Li {y C T 3 m I e o O 9y 0 $ X a e e N ; 8 $ o C O x d p"`•' m9a p 0 o e e e O x d g mn SS i$f o e e v N MO O t • N O 'O • N N N N NO CV N9 { Ii ii O O O 4, d O $ ]{J O e o x d $49 e 9tltl QO f e e a o 4,; Va I^ • m O a 8 $$ ; $ y4 z ] • e 0 N ; M O • • g N $ G f;uY4 $9 e a a ; $ flu [# e O e N d $ $ \\\yp 6 e g $ Opy Qppp a a O $ a <0 z� 'v MO i ZD x m y mm ti m m N r O r zm m m r 0 C) m C) Q 0 0 ..E § . .| |||_ | ii | _ |\!|!.|||||| |``��/)\ j j `!IIIJ `§ / � § | II i!� |.�!_|•� !. | °| §()§ | ||||!°\ § • . - - - - v( \§ ( ; . . . . ! .,,...a ...... . . . ... .. .... § . . . :... ... .... .. ,| !| |. . ,• - -- — — -- R \ ;. . . . . § q . . . . q|/ . . . . ; . . - - |. . . . . ... | ; . . . . !! . . . . . ,||| | f! ; . . . . ,| || §|E !! |f!jii[it\�|/�©k§§`|}/§G\§ _ .ii | i \ § | \ § § § ! { �§ .1111111 I !`�` , '}\| m /m | § : . , . ,__ , |! \ . . , ....._�a . ..... .... .... .„ ., ,; .. 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S . . . . .;|| O m y f0 m V m a.A fJ m y m 6 m v m v Z m n n QOOZ H o 4 m< m m u 3 0 co m m a 3 m VJ 000 N N - r O m m G I O 2 ow no O c n O O m m m m 6 W R o m CC o w o O U, p z m m 3 �_ F c O m m n pr T _' O T C m o O C N v -n c m J c T m 0 C) D7 m � CD D) m m O q N x m CD m fo CD m N m m N M M M M N M N N N m G m O O O O O O O O O O m J o 0 0 0 0 0 O O. 0 0 O O O O a o o O o m m r N T ti Q r C1 o, V � o � m o C W C CD U, Z m c m V 3 a g Li 000. m o v -1--I N T m o<« C^ C, N HO i' Q I' H 6i N ' 2 m 3 m 2 N c J o o J m m O W o N GM n m O V # a Z Z O m N NNN j < co mNi N j m 0 m N 0 O N C O # O O P m m 6 m T 6 N CD # FAYETTEVSILE THE CITY OF FAYETTEVILLE, ARKANSAS To: Mayor Dan Coody and City Council Thru: Gary Dumas, Director of Operations Ron Petrie, City Engineer From: Matt Casey, Assistant City EngineerA Date: June 2, 2005 Subject: Van Asche Boulevard Engineering Contract (,p„ios I,' g �r5iir�rs Staff recommends approval of the Contract with Garver Engineers, in the amount of $225,200.00 to provide surveying, engineering design and bidding services for the Van Asche Boulevard Extension project. This project is the extension of Van Asche Boulevard approximately 1,600 feet from Gregg Avenue to the existing street located in the CMN Business Park. BACKGROUND The Preliminary Plat of the CMN Business Park II, Phase I was approved by City Council on October 6, 1998. The developer (Nanchar, Inc. and MSB Properties, LLC) agreed at that time that once 75% of the development had been sold to private developers that: "The Developer shall construct at the Developer's expense, two of the four lanes for the Steele and Van Asche Boulevards." On February 15, 2005, the City Council passed a resolution approving a supplemental agreement for cost share of early construction of Van Asche Boulevard. This agreement allows the City to proceed with the design and construction of the street extension. The agreement requires that the Developer reimburse the City for 50% of the engineering and construction costs once 75% of the development has been sold or within five years whichever is earlier. On February 25, 2005, the engineering selection committee selected Garver Engineers as the consultant for this project. Garver Engineers has worked with the City's Engineering Division to develop a contract with a scope of work that covers the items necessary for the design and bidding of this project. The scope includes the design of the roadway, storm sewer, the bridge over Scull Creek and a study of Scull Creek from Mud Creek to the Fulbright Expressway. It is anticipated that the design will begin in the third quarter of 2005 and be completed in the first quarter of 2006 with construction also starting in the first quarter of 2006. BUDGET IMPACT Van Asche Boulevard (Project # 05027) will be charged the $225,200.00 required for this project. On February 15, 2005, the City Council approved a budget adjustment in the amount of $1,982,788.00 to provide the funds for this project. 117 WEST MOUNTAIN 72701 479-521-7700 FAX 479-575-8257 C RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $225,200.00 TO GARVER ENGINEERS FOR ENGINEERING, SURVEYING AND BIDDING SERVICES FOR THE VAN ASCHE BOULEVARD EXTENSION PROJECT. 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 awards a contract the an amount of $225,200.00 to Garver Engineers for engineering surveying and bidding services for the Van Asche Boulevard Extension Project. A copy of the contract, marked Exhibit "A" is attached hereto and madeapart part hereof. PASSED and APPROVED this 21st day of June, 2005. I ( I APPROVED: Yv tl T RESOLUTION NO. 34-05 A RESOLUTION TO APPROVE A SUPPLEMENTAL AGREEMENT FOR COST SHARE OF EARLY CONSTRUCTION OF VAN ASCHE BOULEVARD WITH NANCHAR, INC., AND MSB PROPERTIES LLC AND TO APPROVE A BUDGET ADJUSTMENT OF $1,982,788.00 WHEREAS, the owners/developers of the CMN Business Park (NANCHAR, Inc. and MSB Properties LLC) agreed On October 6,1998 pursuant to the City Council approval of the Preliminary Plat of CMN Business Park II, Phase I, that once 75% of the CMN Business Park II, Phase I had been sold to private developers that: "The Developer shall construct at the Developer's expense, two of the proposed four lanes for the Steele and Van Asche Boulevards. If the City Council is unable, or unwilling to participate in the cost - share for the construction of any street or bridge that the Developer, at the Developer's expense provide a minimum 36 ft. street for all sections of Steele, Van Asche and the Bridge"; and WHEREAS, the City of Fayetteville and NANCHAR, Inc. and MSB Properties LLC agree that Van Asche should be built as soon as possible and that the developers/owners will reimburse the City for their agreed cost share of its construction as soon as 75% of the land in CMN Business Park II, Phase I is sold or within five (5) years of the completion of Van Asche (whichever is sooner); and WHEREAS, the cost estimate of construction of Van Asche as agreed with all sidewalks, bridges, turnouts and intersections is $1,770,348.00 and the cost of engineering, inspection and construction management is estimated to be $212,440.00. Thus, the total estimated cost for this project is $1,982,788.00. NOW, THEREFORE, 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 the Supplemental Agreement for Cost Share Of Early Construction of Van Asche Boulevard with NANCHAR, Inc. and MSB Properties LLC. (Attached as Exhibit 1) Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment of $1,982,788.00 as estimated engineering and construction costs for the Van Asche Boulevard Project east of Gregg Avenue. PASSED and APPROVED this 15th day of February, 2005. ...nnuu... APPROVED: FAYETTEVILLE* • By: ATTEST: By: d_ SONDRA SMITH, City Clerk SUPPLEMENTAL AGREEMENT FOR COST SHARE OF EARLY CONSTRUCTION OF VAN ASCHE BOULEVARD The City of Fayetteville and the owners/developers of CMN Business Park NANCHAR, INC. and MSB PROPERTIES LLC (hereinafter referred to as "CMN Properties") agree as follows: WHEREAS, CMN Properties agreed on October 6, 1998 pursuant to the City Council approval of the Preliminary Plat of CMN Business Park II, Phase 1, that once 75% of the CMN Business Park II, Phase I had been sold to private developers that: "The Developer shall construct at the Developer's expense, two of the proposed four lanes for the Steele and Van Asche Boulevards. If the City Council is unable, or unwilling to participate in the cost -share for the construction of any street or bridge that the Developer, at the Developer's expense provide a minimum 36 ft. street for all sections of Steele, Van Asche and the Bridge." "At 75% sale of property (Phase I), Boulevard connection from Van Asche west to Gregg Avenue shall be made. At the time that Van Asche is extended to Gregg Avenue, the normal process of right-of-way and easement dedications shall be made and depicted on the final plat of Phase III. And 50/50 cost sharing with the City shall be the same as with Steele and Van Asche Boulevards in Phase I." WHEREAS, CMN Properties agrees that Van Asche west to Gregg Avenue ("Van Asche Boulevard") should be built as soon as possible and that they will reimburse the City for their agreed cost share of its engineering and construction as soon as 75% of the land in CMN Business Park II, Phase I is sold or within five (5) years of the date that the construction contract for Van Asche Boulevard is entered into by all parties (whichever is sooner); and WHEREAS, the cost estimate of construction of Van Asche Boulevard, with all sidewalks, bridges, turnouts and intersection sis $1,770,348.00 and the cost of engineering, inspection and construction management is estimated to be $212,440.00. Thus, the total estimated cost for this project is $1,982,788.00. NOW, THEREFORE, in consideration of the above premises and the mutual promises stated below, the City of Fayetteville and NANCHAR, Inc. and MSB Properties, LLC agree as follows: 1. The City of Fayetteville shall promptly effect the engineering and construction of Van Asche Boulevard as shown on the Final Plat of CMN Business Park II as further delineated on Exhibit "A" to this agreement. Both the City of Fayetteville and CMN Properties must agree in writing to the Engineering Contract and later to the Construction Contract to engineer and then to build Van Asche Boulevard before those contracts will become effective. 2. The City will provide copies of bids received for the Construction Contract to CMN Properties for review and evaluation prior to acceptance, as well as engineering contracts to any outside engineering firms. CMN reserves the right to reject any and all bids if such are determined to be priced higher than commercially reasonable rates. The City also agrees to provide copies of reports of construction progress and change orders as CMN Properties may request, and a final accounting of the Total Costs for approval, prior to the required date of reimbursement. 3. The City, through the retained engineering firm (paid jointly by both parties), shall be responsible for supervising the bid process, all engineering, inspection and construction management, and all construction of Van Asche Boulevard, and for ensuring the work is performed to City standards. 4. CMN Properties shall reimburse the City of Fayetteville pursuant to the requirements of the 2001 Final Plat for its cost share. The City of Fayetteville and CMN Properties agree that all land necessary for Van Asche Boulevard (110 foot wide right-of-way), intersections, etc. has been or shall be dedicated to the City without charge and that the total costs for engineering, inspection, construction management and construction shall be shared equally between the City and CMN Properties. 5. CMN Properties' 50% share of the project's total cost shall inflate at 3% per year, from the date the Construction Contracts are entered into by all parties until the Developers pay the City their 50% cost share. 6. CMN Properties shall pay their reimbursable cost share amount as soon as 75% of CMN Business Park II, Phase I has been sold or within five years of the date of the Construction Contract is entered into by all parties, whichever is earlier. CMN Properties have the right to pay their 50% cost share at any time earlier than required. 7. The Large Scale Development and Final Plat of CMN Business Park II, Phase I, approved in 2001 and Exhibit "A" shall be considered a part of this Supplemental Agreement. 2 0 8. If either party does not agree to the Construction Contract for Van Asche Boulevard by May 1, 2006, this Supplemental Agreement For Cost Share Of Early Construction Of Van Asche Boulevard is terminated, null and void, except that CMN Properties shall immediately pay one-half of the costs of the approved engineering contract incurred by the City up to that point. In Agreement With All The Terms And Conditions Above And In Witness Whereof the parties hereto have set their hands and seals this 15th day of February, 2005. CITY OF FAYETTEVILLE By: Attest: Div 4 Sondra Smith, City Clerk NANCHAR, INC and MSB PROPERTIES, LLC l I. By: • RIE S. R KS FAYETfEVILLE: S MSB Properties, LLC • ' O O C City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 21 -Jun -05 City Council Meeting Date Matt Casey Engineering Submitted By Division Action Required: Approval of a resolution awarding a contract with Garver Engineers for engine for the Van Asche Boulevard extension project. $225,200.00 Cost of this request 4470.9470.5809.00 Account Number 05027 Project Number Budgeted Item $ 1,982,788.00 Category/Project Budget $ Funds Used to Date $ 1,982,788.00 Remaining Balance Budget Adjustment Attached EJ Dertmentf Director Date 21v City Attorney Jr Fi ante and Internal Service Director Date Mayor Operations Department ng Van Asche Boulevard Program Category / Project Name Street Improvements Program / Project Category Name Sales Tax Capital Improvements Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office ENTERED From: Clarice Pearman To: Casey, Matt Date: 6/24/05 9:58AM Subject: Res. 116-05 P.S. I will also send to Internal Audit the original purchase requisition via interoffice mail. Thanks. Clarice CC: Deaton, Vicki FAYETTEVItLE 11 -"?- THE CITY OF FAYETTEVILLE, ARKANSAS To: Mayor Dan Coody and City Council Thru: Gary Dumas, Director of Operations �� Ron Petrie, City Engineer p h'" From: Matt Casey, Assistant City Engineer ,A&_ Date: June 2, 2005 Subject: Van Asche Boulevard Engineering Contract Staff recommends approval of the Contract with Garver Engineers, in the amount of $225,200.00 to provide surveying, engineering design and bidding services for the Van Asche Boulevard Extension project. This project is the extension of Van Asche Boulevard approximately 1,600 feet from Gregg Avenue to the existing street located in the CMN Business Park. BACKGROUND The Preliminary Plat of the CMN Business Park II, Phase I was approved by City Council on October 6, 1998. The developer (Nanchar, Inc. and MSB Properties, LLC) agreed at that time that once 75% of the development had been sold to private developers that: "The Developer shall construct at the Developer's expense, two of the four lanes for the Steele and Van Asche Boulevards." On February 15, 2005, the City Council passed a resolution approving a supplemental agreement for cost share of early construction of Van Asche Boulevard. This agreement allows the City to proceed with the design and construction of the street extension. The agreement requires that the Developer reimburse the City for 50% of the engineering and construction costs once 75% of the development has been sold or within five years whichever is earlier. On February 25, 2005, the engineering selection committee selected Garver Engineers as the consultant for this project. DISCUSSION Garver Engineers has worked with the City's Engineering Division to develop a contract with a scope of work that covers the items necessary for the design and bidding of this project. It is anticipated that the design will begin in the third quarter of 2005 and be completed in the first quarter of 2006 with construction also starting in the first quarter of 2006. BUDGET IMPACT Van Asche Boulevard (Project # 05027) will be charged the $225,200.00 required for this project. On February 15, 2005, the City Council approved a budget adjustment in the amount of $1,982,788.00 to provide the funds for this project. 113 WEST MOUNTAIN 72701 479-521-7700 FAX 479-575-8257 From: Clarice Pearman To: Casey, Matt Date: 6/24/05 9:56AM Subject: Res. 116-05 Matt, Attached is a copy of the resolution passed by City Council, June 21, 2005 regarding Garver Engineers. Also attached is a copy of the agreement. I will return to you via interoffice mail two of three originals of the agreement. Thanks. Clarice CC: Deaton, Vicki 0 RESOLUTION NO. 116-05 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $225,200.00 TO GARVER ENGINEERS FOR ENGINEERING, SURVEYING AND BIDDING SERVICES FOR THE VAN ASCHE BOULEVARD EXTENSION PROJECT. 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 awards a contract in the amount of $225,200.00 to Garver Engineers for engineering surveying and bidding services for the Van Asche Boulevard Extension Project. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 21St day of June, 2005. .... s. APPROVED: .• G\S Y Q;:.c$-c. ;FAYETTEVILLE; By: . • ATTEST: "' 2I ���..,• By: SO DRA SMITH, City Clerk