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HomeMy WebLinkAbout293-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 293-20 File Number: 2020-0929 RFQ # 20-01 GARVER, LLC: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $392,725.00, PURSUANT TO RFQ # 20-01, SELECTION 21, FOR THE DESIGN OF THE ROLLING HILLS DRIVE PROJECT, TO AUTHORIZE THE MAYOR TO ACQUIRE THE EASEMENTS AND RIGHT-OF-WAY NECESSARY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND 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 approves a professional engineering services agreement with Garver, LLC, in the amount of $392,725.00, pursuant to RFQ #20-01, Selection 21, for the design of the Rolling Hills Drive Project and authorizes Mayor Jordan to acquire the easements and right-of-way necessary for the project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 11/17/2020 Page 1 Printed on 11119120 Resolution: 293-20 File Number. 2020-0929 Approved: Attest: E�EVIL �z= Lioneld Jorda yor Kara Paxton, City Clerk Treasurer �E =�• y .,i;NG ON'idliji11 ;; Page 2 Printed on 11119120 /. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 —� (479) 575-8323 Text File File Number: 2020-0929 Agenda Date: 11/17/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C 7 RFQ # 20-01 GARVER, LLC: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $392,725.00, PURSUANT TO RFQ # 20-01, SELECTION 21, FOR THE DESIGN OF THE ROLLING HILLS DRIVE PROJECT, TO AUTHORIZE THE MAYOR TO ACQUIRE THE EASEMENTS AND RIGHT-OF-WAY NECESSARY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND 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 approves a professional engineering services agreement with Garver, LLC, in the amount of $392,725.00, pursuant to RFQ #20-01, Selection 21, for the design of the Rolling Hills Drive Project and authorizes Mayor Jordan to acquire the easements and right-of-way necessary for the project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1111812020 Chris Brown Submitted By City of Fayetteville Staff Review Form 2020-0929 Legistar File ID 11/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/26/2020 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $392,725.00 with Garver, LLC for design of the Rolling Hills Drive Project, authorizing the Mayor to acquire the easements and Right of Way for the project and approval of a budget adjustment, per RFQ 20-01, selection #21. 4602.860.7224-5860.02 5400.860.5600-5860.02 Account Number 46020.7224 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Budget Impact: 4602 - Streets Project 2019 Bonds Fund Rolling Hills Improvements - College to Old Missouri Project Title Current Budget $ 36,051,141.00 Funds Obligated $ 13,512,282.16 Current Balance $ 22,538,858.84 Item Cost $ 392,725.00 Budget Adjustment $ - Remaining Budget I $ 22,146,133.84 V20180321 Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF NOVEMBER 17, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: October 22, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $392,725.00 with Garver, LLC for design of the Rolling Hills Drive Project, authorizing the Mayor to acquire the easements and Right of Way for the project and approval of a budget adjustment, per RFQ 20-01, selection #21. RECOMMENDATION: Staff recommends approval of a contract in the amount of $392,725.00 with Garver, LLC for design of the Rolling Hills Drive Project, authorizing the Mayor to acquire the easements and right of way for the project and approval of a budget adjustment, per RFQ 20-01, selection #21. BACKGROUND: The project includes roadway, drainage, pedestrian and bicycle safety improvements along the corridor between College Avenue and Old Missouri Road as well as traffic flow improvements at critical intersections and drainage upgrades. Pedestrian and bicycle improvement concepts include a lighting, a greenspace buffer, sidewalk, and a multi -use trail. Rolling Hills Drive serves as an important east -west connection street that also provides access to adjacent neighborhoods and connects to Butterfield Elementary School. Rolling Hills Drive connects to Appleby Road, west of College Avenue, providing the only flat east -west bicycle route to the Razorback Greenway. The road currently carries about 10,000 cars per day. DISCUSSION: On September 1 st, Garver, LLC was selected by committee based on RFQ 20-01, selection #21. Staff has worked with Garver to prepare a detailed scope of work and contract for this project. They have provided a proposed scope and fee in the amount of $392,725.00 for the design of this project. The contract will be paid based on hourly rates for work completed, up to the total contract amount. Design should be complete and ready for bid in the fourth quarter of 2021. BUDGET/STAFF IMPACT: The roadway, drainage and trail design for this project ($307,525.00) will be paid for with the funds from the 2019 Transportation Bond Fund. The water and sewer relocations ($85,200.00) will be paid for from the Water and Sewer Fund. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 p. �� • ♦ � i/ y � gyp+ ' �� � i. W ' S . :1 I s 4 R LL, r 40, r in. Sf E %Y FncE OF CURE - ' 660EMMM1> il- OV1E IO:FN*ER iMR VaJ_ is UnE s •vt 61' 9ec6 Of C11RR I ! �i cL Aft CITY OF ROLLING HILLS DRIVE �� FAYETTEVILLEWa IMPROVEMENTS rt!• �;r` ' ARKANSAS 2019 BOND PROGRAM AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER, LLC THIS AGREEMENT is made as of , 2020, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and GARVER, LLC (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER 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 ENGINEER'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. 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 ENGINEER 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 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. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER: Garver Contract— Professional Engineering Services 1 10/21/2020 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform his services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer 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. 3.1.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 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. ENGINEER 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. The anticipated schedule for this project is included as Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement shall be based upon on an Hourly basis as described in Appendix B. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER'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 ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment Garver Contract— Professional Engineering Services 2 10/21/2020 shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER'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 ENGINEER 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. 5.4 Final Payment 5.4.1 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, ENGINEER 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 ENGINEER 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 ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minitnum insurance coverages: Type of Coverage Limits of Liability Workers' Compensation Statutory Employers' Liability $500,000 Each Accident Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER 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. Garver Contract— Professional Engineering Services 3 10/21/2020 6.1.2 CITY OF FAYETTEVILLE and ENGINEER 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 ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER 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, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER'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 order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 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: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: Garver Contract— Professional Engineering Services 4 10/21/2020 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 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 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, 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 ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 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 ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER 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 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Garver Contract— Professional Engineering Services 5 10/21/2020 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER 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 ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, 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 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 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; 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 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. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER 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 ENGINEER 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. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER'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 ENGINEER. CITY OF FAYETTEVILLE Garver Contract— Professional Engineering Services 6 10/21/2020 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 ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER 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. 6.12 Ownership of Documents 6.12.1 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. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, drawings, and specifications prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER 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 ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER 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. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 125 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 2049 E. Joyce Blvd, Suite 400 Fayetteville, Arkansas 72703 Garver Contract— Professional Engineering Services 7 10/21/2020 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER 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 ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 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. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER 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 ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER 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. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER'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. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's 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 ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be Garver Contract— Professional Engineering Services 8 10/21/2020 decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER 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. ENGINEER shall also maintain the financial information and data used by ENGINEER 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. 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. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 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. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 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: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER 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 ENGINEER 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. Garver Contract— Professional I(n_ineering Services 9 10/21/2020 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER'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 ENGINEER 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. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER 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 ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 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, ENGINEER 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk ENGINEER By: k Senior Project Manager, Ron Petrie By: D � Project Manager, Jeff Webb END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Garver Contract— Professional Engineering Services 10 10/21/2020 APPENDIX A — SCOPE OF SERVICES 1. General Generally, the scope of services includes surveying, design, preparation of property acquisition documents, and bidding services for improvements to Rolling Hills Drive from College Avenue to Old Missouri Road. Improvements will consist primarily of a three -lane roadway section with a trail and sidewalk, installation of two (2) single -lane roundabouts, drainage improvements, tree planting, and water & sewer relocations. 2. Surveys 2.1. Design Surveys Garver will provide field survey data for designing the project, and this survey will be tied to the Owner's control network. Garver will conduct field surveys, utilizing radial topography methods, at intervals and for distances along the project site as appropriate for modeling the existing ground, including locations of pertinent features or improvements. Garver will locate buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present at and/or along the project site. Garver will establish control points for use during construction. 2.2. Property Surveys Garver will locate existing monumentation representing right of way and/or easements based on record data which will be provided by an abstractor under a subconsultant agreement with Garver. 3. Geotechnical Services Geotechnical is not anticipated for the completion of the project and not included in this scope of services. The City of Fayetteville Minimum Street Standards for a Collector Street will be used to determine the pavement section for the project. 4. Coordination Garver will furnish plans to all known utility owners potentially affected by the project at the preliminary and final stages of plan development to enable them to coordinate efforts for any necessary utility relocations. Garver will include the surveyed locations of the observable and marked utilities in the construction plans. Garver will also include proposed and/or relocated utility information in the construction plans as provided by the utility companies. Garver will furnish final plans to the following agencies: ADEQ, USFWS, and Arkansas Department of Health for their review and comment. Environmental Services Garver will work to obtain the appropriate environmental permits for the project from ADEQ and to obtain clearance from the US Fish and Wildlife Service (USFWS). 6. Conceptual Design The conceptual design phase submittal will include conceptual exhibits, typical sections, plan & profile sheets for sewer (including proposed storm sewer shown offset in profile), plan sheets for water, street. Appendix A - Scope of Services 1 of 4 20T21090 Rolling Hills Drive Improvements trail & sidewalk improvements, conceptual drainage, cross sections, and an opinion of probable construction cost. This conceptual submittal will be for the purpose of coordinating the proposed improvements with the Owner and developing an order of magnitude cost estimate for the project. Garver will incorporate comments from the Owner in the Preliminary Design. Garver will proceed with Preliminary Design after the Conceptual Design is approved by the Owner in writing. The replacement of the existing water line along Rolling Hills Drive between Oaks Manor Drive and Sheryl Avenue will be included in the drawings. The design will be provided under a separate Garver project with the Owner. The opinion of probable construction cost will include cost sharing. Garver will prepare exhibits for and attend a public involvement meeting during the conceptual design phase. The findings of the public involvement meeting and the conceptual exhibits will also be presented to the City Transportation Committee. 7. Preliminary Design Once Garver receives written approval from Owner on Conceptual Design, Garver will begin Preliminary Design. The Preliminary Design phase submittal will include updated items from the Conceptual design plus tree planting plan, pavement marking/signage plans, maintenance of traffic plan, erosion control plan, typical/special details, drainage report, and an opinion of probable construction cost. The preliminary design phase will represent approximately 60 percent of final construction contract plans. This submittal will not include technical specifications or "front end" contract documents. Garver will incorporate comments from the Owner on the Preliminary Design in the Final Design. Garver will proceed with Final Design after the Preliminary Design is approved by the Owner in writing. B. Lighting Design Garver will develop a lighting performance specification based on IESNA recommended criteria and the Owner provided light fixture manufacturer, type, and style. This performance specification will require the Contractor to submit a lighting layout meeting the design statistical criteria, submit an electrical design, and perform utility coordination. This submittal will be to the Owner. Garver will produce an estimate of probable cost related to the performance specification. This estimate will not be based on a design, but rather similar lighting installations in the area with respect to quantity of poles and anticipated infrastructure sizes. Garver will not conduct a lighting design, electrical design, electrical calculations, utility coordination, or other design activities beyond the performance specification. Garver will not produce lighting removal or installation plans. These items and Contractors submittal review(s) can be added as additional services 9. Final Design Once Garver receives written approval from Owner on Preliminary Design, Garver will begin Final Design. During the final design phase of the project, Garver will conduct final designs to prepare construction plans and specifications, for one construction contract, including final construction details and quantities, special provisions, and opinion of probable construction cost. Garver will also make any needed plan changes as a result of the final plan review and/or special easement acquisition considerations and prepare the construction documents as required to advertise for bids. Appendix A - Scope of Services 2 of 4 20T21090 Rolling Hills Drive Improvements Garver will also prepare, submit, and coordinate approval of a Stormwater Pollution Prevention Plan (SWPPP) with ADEQ, and Garver will coordinate approval of the water and sewer with the Arkansas Department of Health 10. Property Acquisition Documents Garver 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 an individual tract map with description of temporary and permanent acquisition for each property. The Owner will provide a standard easement acquisition document or "go-by" example for use by Garver. The fee for providing property acquisition documentation is based on permanent right of way and temporary construction easements for no more than twenty-five (25) properties. Property acquisition document preparation will begin after receiving the Owner's comments from the Final Design review. 11. Bidding Services During the bidding phase of the project, Garver will: A. Support the contract documents by preparing addenda as appropriate. B. Participate in a pre -bid meeting if necessary. C. Attend the bid opening. D. Prepare bid tabulation. E. Evaluate bids and recommend award. F. Prepare construction contracts. 12. Construction Phase Services Construction Phase Services are excluded from the scope of services. 13. Project Deliverables The following will be submitted to the Owner, or others as indicated, by Garver: A. One digital copy of the Conceptual Design with opinion of probable construction cost. B. One digital copy of the Preliminary Design with opinion of probable construction cost. C. One digital copy of the Preliminary Plans to each potentially affected utility company. D. One digital copy of the Final Design with opinion of probable construction cost. E. One digital copy of the revised Final Design with opinion of probable construction cost. F. One digital copy of the revised Final Plans to each potentially affected utility company. G. Three copies of the Final Plans and Specifications to the Contractor. H. Three copies of the right-of-way and/or easement acquisition documents. I. Electronic files as requested. 14. Extra Work The following items are not included under this agreement but will be considered as extra work: A. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. B. Submittals or deliverables in addition to those listed herein. C. Traffic Study and design of traffic signal relocations. Scope does include the relocation of one pedestrian signal pole. D. Pavement Design. E. Design of any utility relocation other than water and sewer. Water and sewer relocations will be as required to accommodate roadway improvements. Relocation of existing water and sewer that does not conflict with roadway improvements (including aged and less than Appendix A - Scope of Services 3 of 4 20T21090 Rolling Hills Drive Improvements minimum design standards) is extra work. F. Retaining walls or other significant structural design. G. Geotechnical Services. H. Missouri Creek crossing improvement design. I. Landscape Architectural Services. J. Environmental Handling and Documentation, including wetlands identification, mitigation plans, USCOE permitting, or other work related to environmentally or historically (culturally) significant items. K. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. L. 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 Garver. 15. Schedule Garver 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 Surveys — Design and Property 60 days from Notice To Proceed Conceptual Design 45 days from completion of Surveys Preliminary Design 60 days from approval of Conceptual Design Final Design 60 days from approval of Preliminary Design Property Acquisition Documents 30 days from approval of Final Design Appendix A - Scope of Services 4 of 4 20T21090 Rolling Hills Drive Improvements Appendix B City of Fayetteville Rolling Hills Drive Improvements Garver Hourly Rate Schedule: July 2020 - June 2021 Classification Rates Engineers I Architects E-1........................................... ......................... $ 111.00 E-2........................................... ........................ $ 128.00 E-3.............................................................................. $ 155.00 E-4.............................................................................. $ 181.00 E-5.............................................................................. $ 221.00 E-6.............................................................................. $ 272.00 E-7.... ........... .... --- .................................................. I $ 361.00 Planners / Environmental Specialist P-1.............................................................................. $ 133.00 P-2.............................................................................. $ 167.00 P-3.............................................................................. $ 198.00 P-4.............................................................................. $ 232.00 P-5.............................................................................. $ 268.00 P-6.............................................................................. $ 306.00 P-7................................. ... ...... _._................. ........ $ 370.00 Designers D-1.............................................................................. $ 103.00 D-2............................................................................ $ 121.00 D-3.............................................................................. $ 144.00 D-4.............................................................................. $ 167.00 Technicians T-1............................................................................... $ 81.00 T-2............................................................................... $ 102.00 T-3............................................................................... $ 125.00 Surveyors S-1.............................................................................. $ 50.00 S-2.............................................................................. $ 66.00 S-3.............................................................................. $ 88.00 S-4 .............................................................................. $ 126.00 S-5.............................................................................. $ 167.00 S-6 .............................................................................. $ 190.00 2-Man Crew (Survey)....................................................... $ 202.00 3-Man Crew (Survey)....................................................... $ 252.00 2-Man Crew (GPS Survey) ................................................ $ 222.00 3-Man Crew (GPS Survey) ............................................... $ 272.00 Construction Observation C-1.................... _............................................. $ 98.00 C-2.............................................................................. $ 125.00 C-3.............................................................................. $ 153.00 C-4.............................................................................. $ 188.00 Management/Administration M-1 $ 370.00 X-1.............................................................................. $ 64.00 X-2.............................................................................. $ 86.00 X-3............................................................................. $ 120.00 X-4 .............................................................................. $ 153.00 X-5.............................................................................. $ 187.00 X-6.............................................................................. $ 231.00 X-7.............................................................................. $ 279.00 Agreement for Professional Services Rolling Hills Drive Improvements Garver Project No. 20T21090 Appendix B City of Fayetteville Rolling Hills Drive Improvements FEE SUMMARY Title I Service Estimated Fees Surveys $ 53,200.00 Environmental Services $ 2,600.00 Conceptual Design - Roadway $ 42,100.00 Conceptual Design - Water and Sewer $ 23,650.00 Conceptual Design - Electrical $ 4,900.00 Preliminary Design - Roadway $ 55,100.00 Preliminary Design - Traffic $ 28,975.00 Preliminary Design - Water and Sewer $ 25,600.00 Preliminary Design - Electrical $ 11,800.00 Final Design - Roadway $ 53,700.00 Final Design - Traffic $ 14,900.00 Final Design - Water and Sewer $ 35,950.00 Final Design - Electrical $ 6,800.00 Property Acquisition Documents $ 30,300.00 Bidding Services $ 3,150.00 Subtotal for Title I Service $ 392,725.00 L:\2020\20T21090 - Fayetteville Rolling Hills Drive Imp\Contracts\Client\Draft\APPENDIX B - Garver Fee Spreadsheet - Rolling Hills Drive.xlsm Appendix B City of Fayetteville Rolling Hills Drive Improvements SURVEYS WORK TASK DESCRIPTION E-3 S-5 S-4 2-Man Crew (Survey) 2-Man Crew (GPS Survey) 3-Man Crew (Survey) X-1 $155.00 $167.00 $126.00 $202.00 $222.00 $252.00 $64.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 4 4 4 Quality Control Review 4 8 Submittals to Client 4 4 Subtotal - Project Management 12 12 4 0 0 0 4 2. Topographic Survey Establish Horizontal and Vertical Control 4 2 1 8 8 Topographic Survey 4 10 40 Locate Utilities 4 6 10 16 Data Processing/Preparation 12 60 Subtotal -Topographic Survey 0 24 68 28 64 0 0 3. Property Survey Record Research 4 12 Field Research 4 2 12 Property Surveys 8 12 Data Processing/Preparation 12 24 Subtotal - Property Survey 0 20 1 38 20 12 0 0 Hours 12 56 1 110 Salary Costs $1,860.00 $9,352.00 $13,860.00 SUBTOTAL - SALARIES: $51,896.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $30.00 Postage/Freight/Courier $0.00 Survey Supplies $24.00 Travel Costs $250.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $304.00 SUBTOTAL: $52,200.00 SUBCONSULTANTS FEE: ArkUps $1,000.00 TOTAL FEE: $53,200.00 48 76 696.00 $16,872.00 0 4 $0.00 $256.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements ENVIRONMENTAL SERVICES WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 P-2 P-1 $272.00 $221.00 $181.00 $155.00 $128.00 $167.00 $133.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination Quality Control Review Subtotal - Project Management 0 0 0 0 0 0 0 2. Environmental Services SWPPP (large site) & NOI 1 2 2 10 ADEQ Coordination 1 USFWS IPaC and Verification Letter 1 1 Subtotal - Environmental Services 0 0 1 0 2 4 1 11 Hours 0 0 1 0 2 4 11 Salary Costs $0.00 $0.00 $181.00 $0.00 $256.00 $668.00 $1,463.00 SUBTOTAL - SALARIES: $2,568.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $20.00 Postage/Freight/Courier $0.00 Travel Costs $12.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $32.00 SUBTOTAL: $2,600.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $2,600.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements CONCEPTUAL DESIGN WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $272.00 $221.00 $181.00 $155.00 $128.00 $111.00 $81.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 3 Quality Control Review 6 Subtotal - Project Management 9 0 0 0 0 0 0 2. Civil Engineering - Roadway Typical Sections 4 8 2 Plan & Profile Sheets 4 20 60 10 Roundabout Layouts (2 each) 2 16 30 16 Drainage Wateshed Delineations 2 20 4 Drainage Improvements 12 24 8 Conceptual Exhibits 2 4 8 Meetings/Coordination with City 4 6 Public Involvement Meeting 4 6 4 Transportation Committee Meeting 2 4 Opinion of Probable Construction Cost 4 8 Subtotal - Civil Engineering - Roadway 16 0 76 0 0 158 48 Hours 25 0 76 0 0 158 48 Salary Costs $6,800.00 $0.00 $13,756.00 $0.00 $0.00 $17,538.00 $3.888.00 SUBTOTAL - SALARIES: $41,982.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $90.00 Postage/Freight/Courier $0.00 Travel Costs $28.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $118.00 SUBTOTAL: $42,100.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $42,100.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements CONCEPTUAL DESIGN - WATER & SEWER WORK TASK DESCRIPTION E-4 E-1 T-2 $181.00 $111.00 $102.00 hr hr hr 1. Project Management Administration and Coordination 2 Quality Control Review 8 Subtotal - Project Management 10 0 0 2. Civil Engineering - Water and Sewer Confirmation of Water and Sewer Locations (GIS, Survey, Record Drawings, Field Verification, and CCTV provided by City) 4 12 Water Relocation Plan Sheets (no profile) 8 20 40 Sewer Relocation Plan and Profile Sheets (including showing adjacet storm sewer) 12 30 40 Opinion of Probable Construction Cost 2 8 Meetings/ Coordination with City 6 Subtotal - Civil Engineering - Water an Sewer 32 70 80 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Travel Costs SUBTOTAL - DIRECT NON -LABOR EXPENSES: 42 70 80 $7,602.00 $7,770.00 $8,160.00 $23,532.00 $98.00 $20.00 $118.00 TOTAL FEE: $23,650.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements CONCEPTUAL DESIGN - ELECTRICAL WORK TASK DESCRIPTION E-4 E-3 E-1 $181.00 $155.00 $111.00 hr hr hr 2. Electrical Engineering Quantities 2 3 12 Cost Estimate 1 3 6 QC Review 4 2 Address Review Comments 3 Subtotal - Electrical Engineering 7 8 21 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Travel Costs SUBTOTAL - DIRECT NON -LABOR EXPENSES: SUBTOTAL: SUBCONSULTANTS FEE: 7 8 21 $1,267.00 $1,240.00 $2,331.00 $4,838.00 $62.00 $0.00 $62.00 $4,900.00 $0.00 TOTAL FEE: $4,900.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements PRELIMINARY DESIGN WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $272.00 $221.00 $181.00 $155.00 $128.00 $111.00 $81.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 8 Quality Control Review 6 8 Subtotal - Project Management 14 0 8 0 0 0 0 2. Civil Engineering - Roadway Preliminary Plans Typical Sections 2 6 2 Plan & Profile Sheets 4 24 60 24 Roundabout (2 each) Layout Sheets 2 16 30 12 Driveways (23 evaluations) 10 20 6 Tree Planting Plan 2 12 Maintainance of Traffic 8 16 8 Cross Sections 6 1 12 4 Drainage Improvements/Report 16 30 12 Coordination with Utility Companies 6 Coordination and Meetings with Owner 4 6 Quantities 4 16 Opinion of Probable Construction Cost 2 4 Subtotal - Civil Engineering - Roadway 10 0 100 2 12 194 68 Hours 24 0 108 2 12 194 68 Salary Costs $6,528.00 $0.00 $19,548.00 $310.00 $1,536.00 $21,534.00 $5,508.00 SUBTOTAL - SALARIES: $54,964.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $126.00 Postage/Freight/Courier $0.00 Travel Costs $10.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $136.00 TOTAL FEE: $55,100.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements PRELIMINARY DESIGN - WATER & SEWER WORK TASK DESCRIPTION E-4 E-1 T-2 $181.00 $111.00 $102.00 hr hr hr 1. Project Management Administration and Coordination 2 Quality Control Review 8 Subtotal - Project Management 10 0 0 2. Civil Engineering - Water and Sewer Utility Coordination 2 Water Relocation Plan and Profile Sheets 8 20 40 Sewer Relocation Plan and Profile Sheets 12 30 60 Water and Sewer Details 2 4 8 Opinion of Probable Construction Cost 2 8 Meetings/ Coordination with City 6 Subtotal - C;ivil Engineering - Water an Sewer 32 62 108 3. Structural Engineering Subtotal - Structural Engineering 0 0 0 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Travel Costs SUBTOTAL - DIRECT NON -LABOR EXPENSES: 42 62 108 $7,602.00 $6,882.00 $11,016.00 $25,500.00 $80.00 $20.00 $100.00 TOTAL FEE: $25,600.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements PRELIMINARY DESIGN - TRAFFIC WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $272.00 $221.00 $181.00 $155.00 $128.00 $111.00 $81.00 hr hr hr hr hr hr hr 1. Preliminary SigninglStriping Pavement Markings 4 30 Signing 4 10 Plan Check 4 2 Plan Submittal and Corrections 2 8 Subtotal - Preliminary SigninglStriping 6 10 0 48 0 0 0 2. Preliminary Si nalization (1 Int.) Site Visit 4 4 Traffic Signal Notes 1 System Map 2 Street Name Signs 1 1 Signal Layout (Reference File) 1 10 3 60 Scale Sheets 1 1 3 40 Scale Sheets 1 1 3 Wiring Diagrams 1 2 1 Charts Sheets 1 1 3 Wheelchair Ramp Layout and Details 1 2 2 4 Summary of Quantities 1 1 2 6 Conduit Capacity Calculations 1 1 Plan Check 5 5 8 Plan Submittal and Corrections 2 2 16 16 Subtotal - Preliminary Signalization (1 Int.) 13 0 16 0 44 48 0 Hours Salary Costs 19 $5,168.00 10 16 48 44 48 0 $2,210.00 $2,896.00 $7,440.00 $5,632.00 $5,328.00 $0.00 SUBTOTAL - SALARIES: $28,674.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $51.00 Postage/Freight/Courier $0.00 Travel Costs $250.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $301.00 SUBTOTAL: $28,975.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $28,975.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements PRELIMINARY DESIGN - ELECTRICAL WORK TASK DESCRIPTION E-4 E-3 E-1 $181.00 $155.00 $111.00 hr hr hr 1. Electrical Engineering General Team Coordination 3 6 Performance Specification 8 8 16 Quantities 3 12 Cost Estimate 3 6 QC Review 8 8 Address Review Comments 3 Subtotal - Electrical Engineering 19 1 22 1 43 Hours Salary Costs SUBTOTAL - SALARIES: 19 22 43 $3,439.00 $3,410.00 $4,773.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $178.00 Travel Costs $0.00 $11,622.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $178.00 SUBTOTAL: $11,800.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $11,800.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements FINAL DESIGN WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $272.00 $221.00 $181.00 $155.00 $128.00 $111.00 $81.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 8 Quality Control Review 6 6 Subtotal - Project Management 14 0 6 0 0 0 0 2. Civil Engineering Final Plans Typical Sections 2 2 Plan & Profile Sheets 4 24 50 20 Roundabout (2 each) Layout Sheets 20 40 10 Cross Sections 4 8 2 Maintenance of Traffic Plan 6 10 2 Tree Planting Plan 4 12 Driveways (23 evaluations) 8 12 1 4 Drainage Improvements 10 16 4 Typical Details 2 4 4 Erosion Control Plans 6 12 2 Coordination with Utility Companies 8 Coordination and Meetings with Owner 4 8 Specifications/Contract Documents 10 2 Quantities 6 12 Opinion of Probable Construction Cost 4 4 Subtotal - Civil Engineering 8 0 118 4 1 12 1 172 48 Hours 22 0 124 4 12 172 48 Salary Costs $5,984.00 $0.00 $22,444.00 $620.00 $1,536.00 $19,092.00 $3,888.00 SUBTOTAL - SALARIES: $53,564.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $120.00 Postage/Freight/Courier $0.00 Travel Costs $16.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $136.00 TOTAL FEE: $63,700.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements FINAL DESIGN - WATER & SEWER WORK TASK DESCRIPTION E-4 E-1 T-2 $181.00 $111.00 $102.00 hr hr hr 1. Project Management Administration and Coordination 2 Quality Control Review 8 Subtotal - Project Management 10 0 0 2. Civil Engineering - Water and Sewer Utility Coordination 2 Water Relocation Plan and Profile Sheets 8 30 60 Sewer Relocation Plan and Profile Sheets 12 40 60 Water and Sewer Details 2 4 8 Opinion of Probable Construction Cost 2 8 Meetings/ Coordination with City 6 Specifications 8 12 Final Field Inspection 4 Arkansas Department of Health 2 4 8 Subtotal - Civil Engineering - Water an Sewer 46 98 136 3. Structural Engineering II Subtotal - Structural Engineering 0 0 0 Hours 56 98 136 Salary Costs $10,136.00 $10,878.00 $13,872.00 SUBTOTAL - SALARIES: $34,886.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $494.00 Postage/Freight/Courier $50.00 ADH Review Fee $500.00 Travel Costs $20.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $1,064.00 TOTAL FEE: $35,950.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements FINAL DESIGN - TRAFFIC WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $272.00 $221.00 $181.00 $155.00 $128.00 $111.00 $81.00 hr hr hr hr hr hr hr 1. Final Signing/Striping Pavement Marking Updates 2 20 Signing Updates 2 20 Plan Check 2 1 Plan Submittal and Corrections 1 4 Subtotal - Final Signing/Striping 3 5 0 44 0 0 0 2. Final Signalization (1 Int.) Signal Plan Updates 1 1 2 Quantity Updates 2 2 2 Special Provisions 1 1 Construction Cost Estimate 2 2 Plan Check 2 2 Plan Submittal and Corrections 2 2 4 8 Subtotal - Final Signalization (1 Int.) 8 0 10 0 8 10 0 Hours 11 5 10 44 8 10 0 Salary Costs $2,992.00 $1,105.00 $1,810.00 $6,820.00 $1,024.00 $1,110.00 $0.00 SUBTOTAL - SALARIES: $14,861.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $39.00 Postage/Freight/Courier $0.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $39.00 SUBTOTAL: $14,900.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $14,900.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements FINAL DESIGN - ELECTRICAL WORK TASK DESCRIPTION E-4 E-3 E-1 $181.00 $155.00 $111.00 hr hr hr 1. Electrical Engineering Address City's Comments 2 3 General Team Coordination 2 3 Performance Specification 2 4 8 Quantities 3 6 Cost Estimate 2 3 QC Review 3 3 Address Review Comments 3 Sign Documents 1 1 Subtotal - Electrical Engineering 10 12 27 Hours 10 12 27 Salary Costs $1,810.00 $1,860.00 $2,997.00 SUBTOTAL - SALARIES: $6,667.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $133.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $133.00 SUBTOTAL: $6,800.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $6,800.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements PROPERTY ACQUISITION DOCUMENTS WORK TASK DESCRIPTION E-3 S-5 S-4 2-Man Crew (Survey) 2-Man Crew Suave) 3-Man Crew (Survey) X-1 $155.00 $167.00 $126.00 $202.00 $222.00 $252.00 $64.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 2 2 Quality Control Review 2 2 Submittals to Client 2 4 Subtotal - Project Management 6 4 4 1 0 0 0 0 2. Acquisition Documents (25 Parcels) Permanent Right -of -Way and Easement Acquisition Documents 50 100 Temporary Construction Easements 16 30 Coordination with Owner 2 2 Parcels) 2 68 130 0 0 0 0 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Postage/Freight/Courier Travel Costs 8 72 134 $1,240.00 $12,024.00 $16,884.00 $152.00 $0.00 $0.00 $30,148.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $152.00 SUBTOTAL: $30,300.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $30,300.00 0 0 0 0 $0.00 $0.00 $0.00 $0.00 Appendix B City of Fayetteville Rolling Hills Drive Improvements BIDDING SERVICES WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $272.00 $221.00 $181.00 $155.00 $128.00 $111.00 $81.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 2 Subtotal - Project Management 2 0 0 0 0 0 0 2. Civil Engineering Addendums/Inquiries 6 Pre -Bid Meeting 3 Bid Opening 2 Prepare bid tabulation 2 Evaluate bids and recommend award 1 Prepare construction contracts 3 Subtotal - Civil Engineering 0 0 1 0 1 15 0 2 0 Hours 2 0 0 15 0 2 0 Costs $544.00 $0.00 $0.00 $2,325.00 $0.00 $222.00 $0.00 SUBTOTAL - SALARIES: $3,091.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $50.00 Postage/Freight/Courier $0.00 Travel Costs $9.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $59.00 SUBTOTAL: $3,150.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $3,150.00 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $392,725.00 with Garver, LLC for design of the Rolling Hills Drive Project, authorizing the Mayor to acquire the easements and Right of Way for the project and approval of a budget adjustment, per RFQ 20-01, selection #21. COUNCIL DATE: 1 1 /1 7/2020 LEGISTAR FILE ID#: 2020-0929 Ma-tth,--,w Mad dQw 1012212020 8:10 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) 11/17/2020 GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - _ v.20200820 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4602.860.7224-5860.02 307,525 - 46020 7224 EX Capital Prof Svcs - Engineering/Architects, 5400.860.5600-5860.02 85,200 - 11011 2019.7224 EX Capital Prof Svcs - Engineering/Architects. 4602.860.7224-5810.00 50,000 - 46020 7224 EX Easements 4602.860.7224-5860.04 20,000 - 46020 7224 EX Capital Prof Svcs - Contra (Engineering) 4602.860.7999-5899.00 (377,525) 46020 7999 EX Unallocated - Budget 5400.720.5600-5808.00 (85,200) 11011 1 EX Improvements - Water Line H:\Budget Adjustments\2020_Budget\City Council\11-17-2020\2020-0929 BA Rolling Hills Design Contract f1�