HomeMy WebLinkAbout195-06 RESOLUTION.!0°'" a
RESOLUTION NO. 195-06
A RESOLUTION AWARDING AN ENGINEERING CONTRACT TO
CARTER & BURGESS, INC. IN AN AMOUNT NOT TO EXCEED
$233,148.00 FOR SURVEY, DESIGN, BIDDING AND RELATED
SERVICES ASSOCIATED WITH THE GARLAND AVENUE
(HIGHWAY 112) IMPROVEMENT PROJECT BETWEEN 1-540 AND
HOWARD NICKELL ROAD.
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 engineering contract to Carter & Burgess, Inc. in an amount not to exceed
$233,148.00 for survey, design, bidding and related service associated with the Garland
Avenue (Highway 112) Improvement Project between I-540 and Howard Nickell Road.
PASSED and APPROVED this 2151 day of November, 2006.
APPROVED:
By:
ATTEST:
B
•CF9$JT.4?4/1,
.4- -64 �St
;FAYETTEVILLE; 2.
J)c;n;KANsp�
DAN COODY, Mayo SONDRA SMITH, City Clerk
MOP
1
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CARTER & BURGESS, INC.
FAYETTEVILLE, ARKANSAS
THIS AGREEMENT is made as of / dDribJY o -1 , 2005, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Carter &
Burgess, Inc. with offices located in Fayetteville, Arkansas (hereinafter called Carter & Burgess).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the planning, design, permitting, construction, operation, maintenance, management, and financing
of the Garland Avenue/Hwy 112 Improvements , and in particular, Design Phase as further described in
Attachment A, (The "Project"). Therefore, CITY OF FAYETTEVILLE and Carter & Burgess in
consideration of their mutual covenants agree as follows:
Carter & Burgess 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 Carter & Burgess' 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 Carter & Burgess 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 Carter & Burgess.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of Carter & Burgess.
1.3 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.
Hwy 1 12/Garland Ave 10/19/2005
A-1
SECTION 2 - BASIC SERVICES OF CARTER & BURGESS
2.1 General
2.1.1 Perform professional design services in connection with the Project as hereinafter stated,
which shall include normal civil, structural, mechanical, and electrical engineering services
and normal architectural design services incidental thereto.
2.1.1.1 The Scope of Services to be furnished by Carter & Burgess during the Design
Phase is included in Section 2.2 hereafter and in Attachment A attached hereto
and made part of this Agreement.
2.1.1.2 The Scope of Services to be furnished by Carter & Burgess during the Wet -land
Mitigation, if any, will be finalized and contained in an amendment to this
Agreement after the Design Phase is completed or nearing completion.
2.1.1.3 The Scope of Services to be furnished by Carter & Burgess during the
Construction Phase, if any, will' be finalized and contained in an amendment to
this Agreement after the Design Phase is completed.
2.1.1.4 The Scope of Services to be furnished by Carter & Burgess for Post -Construction
Phase Services during Construction, if any, will be finalized and contained in an
amendment to this Agreement after the Design Phase is completed.
2.1.1.5 The Scope of Services to be fumished by Carter & Burgess for Resident Services
during Construction, if any, will be finalized and contained in an amendment to
this Agreement after the Design Phase is completed.
2.2 Design Phase
2.2.1 The Design Phase will consist of the environmental, surveying, and transportation
engineering services for the proposing improvement to Garland Avenue/Hwy 112. The
proposed improvements include, but are not limited to, full -depth reconstruction and
widening for approximately 4,000 linear feet. A more detailed scope of services in included
in Attachment A.
Garland Avenue/Hwy 112 Improvements
A-2
10/19/2005
2 3 Wet -land Mitigation
2.3.1 The scope of Wet -land Mitigation, Phase Services, if any, will be negotiated following
completion or near the end of the Design Phase.
2.4 Construction Phase
2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
the Design Phase.
2.5 Post -Construction Phase
2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following the
Design Phase.
2.6 Resident Services during Construction
2.6.1 The scope of Resident Services during Construction, if any, will be negotiated following
completion of the Design Phase.
Garland Avenue/Hwy 112 Improvements
A-3
10/19/2005
SECTION 3 - ADDITIONAL SERVICES OF CARTER & BURGESS
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by Carter & Burgess, Carter & Burgess 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 Grant and Loan Assistance
Prepare applications and supporting •documents for govemmental grants, loans, or advances.
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 Fumishing 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
Garland Avenue/Hwy 112 improvements
A-4
10/19/2005
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 Carter & Burgess' control, Carter & Burgess 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 Carter & Burgess. If CITY OF FAYEI IEVILLE indicates in
writing that all or parts of such Contingent Additional Services are not required, Carter &
Burgess shall have no obligation to provide those services.
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.
Garland Avenue/Hwy 112 Improvements
A-5
10/19/2005
SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYEITEVILLE shall, within a reasonable time, so as not to delay the services of Carter &
Burgess.
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
4.2 Assist Carter & Burgess by placing at Carter & Burgess' disposal all available information
pertinent to the assignment including previous reports and any other data relative thereto.
4.3 Guarantee access to and make all provisions for Carter & Burgess to enter upon public and
private property as required for Carter & Burgess to perform his services under this
Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals,
and other documents presented by Carter & Burgess and render in writing decisions
pertaining thereto.
4.5 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Project.
4.6 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.
4.7 Give prompt written notice to Carter & Burgess whenever CITY OF FAYETTEVILLE
observes or otherwise becomes aware of any defect in the Project.
Garland Avenue/Hwy 112 Improvements
A-6
10/19/2005
4.8 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.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements of the Mount Sequoyah Pressure Plane Improvements
Project.
4.10 Furnish, or direct Carter & Burgess to provide, necessary Additional Services as stipulated in
Section 3 of this Agreement or other services as required.
4.11 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 Carter & Burgess' use in coordinating the Contract Drawings and
Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to Carter & Burgess 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. Carter & Burgess
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.
SECTION 6 - PAYMENTS TO CARTER &BURGESS
6.1 Compensation
6.1.1 Design Phase
For the Scope of Services during the Design Phase described herein, CITY OF
FAYETTEVILLE authorizes two hundred thirty three thousand one hundred forty-eight
Garland Avenue/Hwy 112 Improvements
A-7
10/19/2005
dollars ($233,148.00) as compensation for the scope of work set forth in Attachment A.
Engineer will be compensated based upon the current hourly rates for cost reimbursement
being attached to and made a part of this agreement (Attachment B). The costs and basis for
compensation include all design services, including labor, overhead, direct expenses,
subcontracts and fees. The total contract amount authorized for the Design Phase is two
hundred thirty three thousand one hundred forty-eight dollars ($233,148.00).
6.1.1.1 Subject to the City Council approval, adjustment of the contract amount may be
made should Carter & Burgess 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 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.
6.1.2 Preliminary Design Phase Services
Preliminary Design Services are included in the Design Phase.
6.1.3 Final Design Phase Services
Final Design Services are included in the Design Phase.
6.1.4 Wet -land Mitigation
This section is reserved for future details concerning this phase, if any. This Agreement
shall be amended to include payment conditions following the completion or near
completion of the Design Phase.
Garland Avenue/Hwy 112 Improvements
A-8
10/19/2005
6.1.5 Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement
shall be amended to include payment conditions following the completion of the Design
Phase.
6.1.6 Post -Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement
shall be amended to include payment conditions following the completion of Design
Phase.
6.1.7 Resident Services During Construction
This section is reserved for future details concerning this phase, if any. This Agreement
shall be amended to include payment conditions following the completion of the Design
Phase.
6.1.8 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services",
compensation to Carter & Burgess shall be negotiated at the time Additional services are
authorized.
6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted to CITY
OF FAYETTEVILLE by signed original document. Statements will be based on Carter &
Burgess' actual costs incurred and justified by hours expended, hourly rates and other
applicable costs in accordance with Attachment B.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of Carter
& Burgess' 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 Carter & Burgess in writing of the basis for any disputed portion of any
Garland Avenue/Hwy 112 Improvements
A-9
10/19/2005
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, Carter & Burgess shall execute and deliver to CITY OF FAYETTEVILLE a
release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this
Agreement, except claims which are specifically exempted by Carter & Burgess to be set
forth therein, provided Carter & Burgess may establish a counterclaim if the CITY OF
FAYETTEVILLE presents a claim against Carter & Burgess after the issuance of such
release. 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 Carter & Burgess or his sureties under this Agreement or
applicable performance and payment bonds, if any.
Garland Avenue/Hwy 112 Improvements
A-10
10/19/2005
SECTION 7 - GENERAL CONSIDERATIONS
7.1
Insurance
7.1.1 During the course of performance of these services, Carter & Burgess will maintain (in
United States Dollars) the following minimum insurance coverages:
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
Carter & Burgess will provide to CITY OF FAYE1 IEVILLE 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 FAYE 1"1'EVILLE may
provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured and Carter & Burgess as additional insureds, or, to endorse CITY OF
FAYETTEVILLE, and Carter & Burgess 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 Carter & Burgess. All contract insurance carriers shall
be required to list CITY OF FAYE1 1'hVILLE as certificate holder, furnishing copies of the
contractor's insurance certificate to each party
7.1.3 CITY OF FAYETTEVILLE and Carter & Burgess 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 Carter & Burgess' services. If the services result in a
Construction Phase, a provision similar to this shall be incorporated into all Construction
Contracts entered into by CITY OF FAYETTEVILLE, and all construction Contractors shall
Garland Avenue/Hwy 112 Improvements
A-11
10/19/2005
be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and
Carter & Burgess for damage or liability covered by any construction Contractor's policy of
insurance.
7.2 Professional Responsibility
7.2.1 Carter & Burgess will exercise reasonable skill, care, and diligence in the performance of
Carter & Burgess' services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will
promptly report to Carter & Burgess any defects or suspected defects in Carter & Burgess'
services of which CITY OF FAYETTEVILLE becomes aware, so that Carter & Burgess can
take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE
and Carter & Burgess 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 Carter & Burgess.
7.2.2 In addition Carter & Burgess 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 Carter & Burgess' 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 Carter & Burgess relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on Carter & Burgess' experience, qualifications, and judgment as
a design professional. Since Carter & Burgess 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, Carter & Burgess does not guarantee that
actual rates, costs, performance, schedules, and related items will not vary from cost opinions
and projections prepared by Carter & Burgess.
Garland Avenue/Hwy 112 Improvements
A-12
10/19/2005
S
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
Carter & Burgess' 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 order signed by the Mayor of the CITY OF
FAYETTEVILLE and President or Managing Principal of Carter & Burgess.
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 Carter & Burgess 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 far 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 Carter & Burgess at the time of termination may be adjusted
to cover any additional costs to CITY OF FAYETTEVILLE because of Carter &
Burgess' default.
Garland Avenue/Hwy 112 Improvements
A-13
10/19/2005
7.5.4 If termination for default is effected by Carter & Burgess, 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 Carter & Burgess for services rendered and expenses incurred
prior to the termination, in addition to termination settlement costs reasonably incurred by
Carter & Burgess relating to comrnitments 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, Carter & Burgess
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 Carter & Burgess in performing
this Agreement, whether completed or in process; provided, however, in no event
shall Carter & Burgess be liable for any use of partially completed work product
by the CITY OF FAYETTEVILLE or any other third party.
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 Carter & Burgess to fulfill contractual obligations, it is
determined that Carter & Burgess 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 Carter & Burgess are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond Carter & Burgess' reasonable control, Carter &
Burgess shall be entitled to additional compensation and time for reasonable costs incurred by
Carter & Burgess in temporarily closing down or delaying the Project.
Garland Avenue/Hwy 112 Improvements
A-14
10/19/2005
7.7 Rights and Benefits
Carter & Burgess' services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
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 Carter & Burgess 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 Carter & Burgess 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 Carter & Burgess 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.
Garland Avenue/Hwy 112 Improvements
A-15
10/19/2005
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and Carter & Burgess 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 Carter & Burgess 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.
7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to Carter & Burgess for services rendered by Carter & Burgess.
7.10 Publications
Recognizing the importance of professional development on the part of Carter & Burgess'
employees and the importance of Carter & Burgess' public relations, Carter & Burgess may
prepare publications, such as technical papers, articles for periodicals, and press releases,
pertaining to Carter & Burgess' 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 Carter & Burgess. 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
Carter & Burgess' activities pertaining to any such publication shall be for Carter & Burgess'
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 Carter & Burgess
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
Carter & Burgess may use or modify Carter & Burgess' proprietary computer models in
service of CITY OF FAYETTEVILLE under this Agreement, or Carter & Burgess may
Garland Avenue/Hwy 112 Improvements
A-16
10/19/2005
develop computer models during Carter & Burgess' service to CITY OF FAYETTEVILLE
under this Agreement. Such use, modification, or development by Carter & Burgess does not
constitute a license to CITY OF FAYETTEVILLE to use or modify Carter & Burgess'
computer models. Said proprietary computer models shall remain the sole property of the
Carter & Burgess. CITY OF FAYETTEVILLE and Carter & Burgess will enter into a
separate license agreement if CITY OF FAYETTEVILLE wishes to use Carter & Burgess'
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 CITY OF FAYETTEVILLE. Carter & Burgess may retain
reproduced copies of drawings and copies of other documents.
Engineering documents, drawings, and specifications prepared by Carter & Burgess as part of
the Services shall become the property of CITY OF FAYETTEVILLE when Carter &
Burgess has been compensated for all Services rendered, provided, however, that Carter &
Burgess shall have the unrestricted right to their use. Carter & Burgess 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 Carter & Burgess.
Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. Carter & Burgess 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 govern.
7.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
Garland Avenue/Hwy 112 Improvements
A-17
10/19/2005
CITY OF FAYETTEVILLE's address:
City of Fayetteville
113 W. Mountain
Fayetteville AR 72701
Carter & Burgess' address.
Carter & Burgess, Inc.
One East Center St , Suite B200, Bank of America Building
Fayetteville, AR 72701
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and Carter & Burgess 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 above, neither CITY OF FAYETTEVILLE nor Carter
& Burgess 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 Carter & Burgess 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 Carter & Burgess a purchase order, no preprinted terms thereon
shall become a part of this Agreement. Said purchase order document, whether or not signed
by Carter & Burgess, shall be considered as a document for CITY OF FAYETTEVILLE's
internal management of its operations.
Garland Avenue/Hwy 112 Improvements
A-18
10/19/2005
SECTION 8 - SPECIAL CONDITIONS
8.1 Additional Responsibilities of Carter & Burgess:
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
Carter & Burgess of responsibility for the technical adequacy of the work. 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 Carter & Burgess shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by Carter & Burgess' 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 Carter & Burgess' obligations under this clause are in addition to Carter & Burgess' other
express or implied assurances under this Agreement or State law and in no way diminish any
other rights that CITY OF FAYETTEVILLE may have against Carter & Burgess for faulty
materials, equipment, or work.
Notwithstanding anything herein to the contrary, Carter & Burgess does not make, give or
extend, and the CITY OF FAYETTEVILLE waives, any warranties, representations or
guarantees of any kind or nature, express or implied, arising by law, statute, in contract, civil
liability or tort, or otherwise, concerning the transaction which is subject of this agreement, or
the work, including without limitation any performance guaranty and any implied warranty as
to merchantability or fitness for a particular purpose or arising from a course of dealing or
usage of trade as to any equipment, material, or work furnished under this agreement.
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 Carter & Burgess
Garland Avenue/Hwy 112 Improvements
A-19
10/19/2005
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 Carter & Burgess 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. Carter & Burgess shall also maintain the financial information
and data used by Carter & Burgess 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 Department of
Labor, CITY OF FAYEFTEVILLE, 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. Carter & Burgess 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:
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:
83.3.3 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:
Garland Avenue/Hwy 112 Improvements
A-20
10/19/2005
8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of Carter & Burgess;
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
Carter & Burgess 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 Carter & Burgess 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 Carter & Burgess or any
of Carter & Burgess' 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, or the State 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 Carter & Burgess
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 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 Carter & Burgess as it could pursue
in the event of a breach of the Agreement by Carter & Burgess. 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)
Garland Avenue/Hwy 112 Improvements
A-21
10/19/2005
which shall be not less than three nor more than ten times the costs Carter & Burgess 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, Carter & Burgess 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;
(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
Garland Avenue/Hwy 112 Improvements
A-22
10/19/2005
%;“
false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED PRESENTATIVE
COMPANY N A u . Carter & Burl; ss�LL•.�,
SIGNAT v'. �I „ e��1 /Ih%f tir
PRINTED
DATE: 1112 (0(2
James Arbuckle, Sr. PE TITLE: Managing Principal
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
Carter & Burgess, by its authorized officer have made and executed this Agreement as of the day and year
first above written.
CITY OF FA z EVILL ARKANSAS
By:
ATTEST:
By:
ayor Dan oody
City Clerk
s Arbuckle Sr. PE Mana • in • Princi ' al
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
Garland Avenue/Hwy 112 Improvements
A-23
10/19/2005
Attachment A — Scope of Services
1.0 General Description of Services
The proposed scope of engineering services for widening Garland Ave is a part of the City of
Fayetteville's Bond Program, and is based upon the AHTD's guidelines for "City Projects
where City or Consultant will do the construction inspection, material testing and City or AHTD
will do bid letting."
Generally, the scope of services includes design surveys, design, and partial bidding services
for proposed improvements to Garland Ave/State Highway 112 in Fayetteville, Arkansas as
further defined herein. The proposed improvements will begin at the northern edge of the fly-
over bridge crossing 1-540 and proceed North approximately 3,500 linear feet to Howard
Nickell Road. The proposed improvements will include improvements on Howard Nickell
Road and on Van Asche drive as needed to tie to the existing roadway as quickly as possible.
The improvements to Garland Avenue are planned to be a five -lane section utilizing AHTD
specifications and details. The improvements to Howard Nickell Road and Van Asche Drive
will be in accordance with City concept plans to the extent possible. Interim improvements
may also be required at the intersection.
The scope of services also includes a brief review and recommendation for possible lane
reconfiguration across the existing bridge for the new Sam's Club and coordination and design
of a trail along the proposed improvements.
The plans will not be required to be prepared in standard AHTD format.
2.1 Surveys
2.1.1 Design Surveys
The Engineer shall provide survey data as required to design the proposed improvements.
These surveys will not be performed in accordance with AHTD standard procedures for State
or Federally funded projects. This survey shall be tied to the State Plane Coordinate System
or the City's control network as directed. Surveys will be conducted in such a manner as to
model the existing ground, including locations of any pertinent features or improvements as
required. Permanent structures including but not limited to streets, drainage features, trees
over eight inches in diameter, visible and marked utilities will be surveyed. Control points will
be established for use during construction.
Carter & Burgess is a member of the Arkansas One -Call System for survey utility markings
and will be requesting all member utilities mark their respective utilities for the design surveys.
Marking utilities for design surveys is charged to the One -Call System member on an hourly
rate bases. The fee for these services will be estimated and included in the Engineer's fee.
The Engineer will also survey Clabber Creek 1,800 -feet upstream and 1,000 -ft down stream in
order to match/confirm the three up -stream cross sections modeled in the CLOMR for Clabber
Creek, FEMA Case Number 03-06-2877R as prepared and submitted by Grafton, Tull and
Associates. The Engineer will survey the creek channel, the top of banks and the proposed
flood way (upstream) and downstream will survey the elevation of the the upstream proposed
floodplain or a maximum of 300 feet in width.
Appendix A - Scope of Services 1 of 6
Hwy 112/Garland Ave
Carter:Burgess
2.1.2 Property Surveys
The Engineer will locate existing lot pins and monumentation representing right of way and/or
easements for land owners adjacent to and directly adjoining the proposed improvements.
The record data will be provided by an abstractor under a sub -consultant agreement with the
Engineer.
The Property surveys will not be required to be surveyed in AHTD's SDMS format.
2.2 Geotechnical Services
The Engineer will obtain and utilize the expertise of Grubbs, Hoskyn, Barton and Wyatt for
geotechnical engineering services for the project including, but may not be limited to,
borings, subgrade examination, and pavement recommendations.
The City will review and approve the contents of the geotechnical services before a notice-to—
proceed is given.
2.3 Coordination
2.3.1 AHTD Coordination
The Engineer will coordinate and submit plans and specifications for review to the AHTD in
accordance with the AHTD "City Consultant Projects" list produced by the State. The
Engineer's scope of services, submittal schedules and associated fees are based upon the
City of Fayetteville or Carter & Burgess performing "the construction inspection, materials
testing and City or AHTD performing the bid letting."
Coordination with the State will include, but not be limited to:
• Providing the State a list of the design criteria for review directed otherwise,
• Submittal of Plans to the AHTD for review at the 50% and 90% completion stages
unless otherwise directed,
• Providing environmental data as required.
2.3.2 Utility Coordination
The Engineer will furnish plans to all known utility owners potentially affected by the project
at each submittal noted in the contract and conduct coordination meetings to establish
relocation schedules. The submitted plans will contain the surveyed locations of the
observed and marked utilities.
The Engineer will "block" or "xref" other utility data or known improvements along the corridor
into the drawings if submitted to the engineer before the final reviewable submittal in a similar
design software and on the same coordinate system.
2.3.3 City Coordination
The Engineer will attend coordination meetings with the Owner and other agencies as
required and as requested by the City.
The City will coordinate with the Parks Department regarding the trail construction.
2.3.4 Other Consultant Coordination
Appendix A - Scope of Services 2 of 6 Carter=Burgess
Hwy 112/Garland Ave
The Engineer will initiate and attend coordination meetings with the Engineer of record for the
proposed Sam's Club and the 100 -acre proposed mixed-use development.
2.4 Environmental Assessment, COE Coordination, and Channel Improvements
The Engineer will perform an environmental analysis of the proposed construction limits and
500 -feet upstream and 500 -feet downstream of crossing of Clabber Creek. The Engineer
shall also provide engineering services for obtaining a 404 permit and for preparing a
programmatic categorical exclusion in a memorandum format and the necessary
coordination with the review agencies.
The Engineer will perform the necessary field investigations and paperwork to obtain a
general 404 Permit from the COE for removing and replacing the corrugated metal culverts
at the Clabber Creek crossing. All work to be performed under this work authorization shall
be subject to review and approval, and the Engineer will work to obtain all necessary
permits from the City of Fayetteville, the US Army Corps of Engineers, and to obtain
clearance from the US Fish and Wildlife Service (USFWS), the State Historic Preservation
Office (SHPO), and with AHTD as required.
The Engineering work for the categorical exclusion as required under this work authorization
is described below according to each task to be performed.
Task 1 — Gather Data: Gather applicable data regarding the project and/or project
area.
Task 2 — Perform Onsite Environmental Investigations: Conduct appropriate
investigations pertaining to wetlands and other waters of the U.S., wildlife and
vegetation.
Task 3 — Perform Social, Economic and Environmental Studies: Perform appropriate
social, economic and environmental studies for this type of project. No hazardous
materials database search, resource agency coordination, wetland/woodland
mitigation plans, or archeological/historical investigations will be conducted in this
scope of services.
Task 4 — Prepare Draft Categorical Exclusion (CE) Memo: One (1) copy of the draft
CE memo will then be prepared and submitted to AHTD electronically in a digital file
in Microsoft Word 2000 for review and comment.
Task 5 — Prepare Final CE Memo: Any necessary revisions to the draft CE Memo will
be incorporated. Upon approval of the draft copy, two (2) copies of the final CE
Memo will be prepared and submitted for approval on paper and a digital file in
Microsoft Word 2000 for submission to AHTD and FHWA.
All work on the project shall conform to the applicable requirements of AHTD and the
Federal Highway Administration (FHWA). The Engineer will perform the work in accordance
with all current and applicable AHTD and FHWA regulations, policies, standards and
guidelines. Sources of material will include data received from the State, other federal, state
and local governmental and quasi -governmental agencies and field investigations.
The Engineer is proceeding on the basis that the lastest FEMA map showing Clabber Creek
Appendix A - Scope of Services 3 of 6
Hwy 112/Garland Ave
Carter=:Burgess
to be Zoned AE with a base flood elevation known and that the "100 -year flood contained in
culvert." The City will provide the Engineer drainage data related to the studied area and
associated studies in the area. The Engineer will size a pre -cast concrete culvert greater in
area than the one existing utilizing HY8 or other appropriate software. The Engineer will then
model the creek in HEC-RAS/HEC-HMS with the proposed culvert and determine no net rise
has occurred in the floodplain as a result of the proposed improvements. The Engineer will
prepare plans for improving the channel for approximately a total of 500 linear feet. It is
anticipated that a temporary construction easement will be required for channel improvements
outside the proposed right-of-way.
2.5 Conceptual Design
Scroll plots and other sheets containing the AHTD "Cursory Point Review" check list will be
presented to the City and the local AHTD Engineers for review. These plots will generally
represent 15% percent complete stage. The purpose of this meeting is to confirm the
direction of the design and to discuss any items that may require additional detail.
2.6 Preliminary Design and Submittal
The preliminary design phase submittal will include preliminary typical sections, plan and
profile sheets showing horizontal and vertical geometry, preliminary cross sections, right-of-
way requirements, driveways, drainage improvements, sidewalks, and an opinion of
probable construction cost. The preliminary design phase will represent approximately 50
percent of final construction contract plans. An opinion of probable construction cost will be
included. This submittal will not include technical specifications or "front end" contract
documents.
Three half -sized sets of Preliminary Plans will be submitted to the City, two to the State, and
one to each potentially affected utility company.
The Engineer will not begin substantially complete design until after the preliminary plans
have been reviewed and a meeting with the City has been held to review all comments.
2.7 Substantially Complete Design and Submittal
The substantially complete design phase and submittal will include plans and specifications
for the construction of the improvements without quantities. This phase will represent
approximately 90 percent of final construction contract plans. An opinion of probable
construction cost will be included.
Three half -sized sets of Preliminary Plans will be submitted to the City, two to the State, and
one to each potentially affected utility company.
The Engineer will not begin final design until after the substantially complete design phase
plans have been reviewed and a meeting with the City has been held to review all
comments.
2.8 Final Design and submittal
During the final design phase of the project, the Engineer will conduct final designs to prepare
construction plans and specifications, for one construction contract, including final construction
Appendix A - Scope of Services 4 of 6
Hwy 112/Garland Ave
Carterturgess
details and quantities, special provisions, and opinion of probable construction cost. The
Engineer will attend a final field inspection with Owner, make any needed plan changes as a
result of the final field inspection and/or special easement acquisition considerations, and
perform all other work required to prepare for the advertisement of the plans. City of
Fayetteville standard front end documents and AHTD technical specifications will be used.
The Engineer will prepare Special Conditions as required.
A copy of the Final Plans will be submitted to the City and/or AHTD for final reproduction. The
cost of final reproduction is not included in this submittal.
2.9 Property Acquisition Documents
Property acquisition documents will be prepared by the Engineer for the City's use in acquiring
the right-of-ways and easements. There is anticipated to be 19 parcels affected by the
proposed improvements plus an easement for the improvements to Clabber Creek. The
engineer will prepare right-of-way documents for the City to obtain the right-of-way and
easements as needed for the proposed improvements. The Property acquisition documents
will not be required to be prepared in standard AHTD format.
2.10 Storm Water Pollution Prevention Plan (SWPPP)
The Engineer will prepare a Storm Water Pollution Prevention Plan (SWPPP) for the City's
submittal and use for the project.
2.11 Utility Design
The Engineer is preparing for the 36" watermain crossing the proposed improvements at Van
Ashe will be relocated and encased in a protective sleeve under the new improvements.
2.12 Bidding Services
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, and recommend awards.
2.13 Project Deliverables
The following will be submitted to the Owner, or others as indicated, by the Engineer:
1. One copy of the CatX memo and 404 permit.
2. One copy of the Geotechnical Report.
3. Three half -sized sets of the Preliminary Plans will be submitted to the City, two to the
State, and one to each potentially affected utility company.
4. Three half -sized sets of the Substantially Complete Design (90%) will be submitted
to the City, two to the State, and one to each potentially affected utility company.
5. Three full-size copies of the Final Design with opinion of probable construction cost.
6. One hard copy set of Record Drawings.
7. Electronic files as requested.
2.14 Extra Work
Appendix A - Scope of Services 5 of 6
Hwy 112/Garland Ave
Carter4urgess
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.
2. Submittals or deliverables in addition to those listed in paragraph 2.13.
3. Retaining walls over 6 -ft in height or other significant structural design, box culvert
wingwalls are included in the scope of services herein.
4. Traffic signalization, street lighting or other electrical design for traffic signalization.
5. Construction materials testing.
6. Mitigation plans or other work related to wet -lands or historically (culturally) significant
items.
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 City Deliverables
The fee submitted herein is based upon the following data being provided by the City as a part
of the project:
1. Electronic data regarding the adjacent detention pond anticipated to be impacted by
the roadway improvements.
2. All Large Scale Developments proposed along the route in paper and AutoCAD
format.
2.16 Schedule
The Engineer shall begin work under this
to -Proceed and shall complete the work in
Phase Description
Geotechnical Engineering
Design Surveys
Environmental Assessment, COE
Coordination, and Channel Improvements
Conceptual Design
City and State Review
Preliminary Design
City and State Review
90% Submittal
Final Design
Appendix A - Scope of Services
Hwy 112/Garland Ave
Agreement within fourteen (14) days of a Notice -
accordance with the schedule below:
Calendar Days
60 days from Engineers start date
60 days from Engineers start date
60 days from Engineers start date
60 days from Engineers start date
14 days
90 days receipt of Conceptual Comments
45 days
75 days receipt of Preliminary Comments
30 days receipt of 90% Comments
6 of 6
Carterturgess