HomeMy WebLinkAbout117-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 117-25
File Number: 2025-467
GARVER, LLC. (SERVICE AGREEMENT):
A RESOLUTION TO AWARD RFQ #25-01, SELECTION #5, AND AUTHORIZE A PROFESSIONAL
ENGINEERING SERVICES CONTRACT WITH GARVER, LLC IN AN AMOUNT NOT TO EXCEED $303,704.00
FOR THE PRELIMINARY DESIGN OF IMPROVEMENTS TO THE NOLAND WATER RESOURCE RECOVERY
FACILITY
WHEREAS, the City recently completed a year -long master planning effort for the Noland Water Resource Recovery
Facility, which took a comprehensive and in-depth look at the facility's performance and condition; and
WHEREAS, the most immediate improvements recommended by the plan were facility/equipment replacements
associated with aging and deteriorating unit treatment processes such as new/increased influent pumping, aeration
technology replacement, secondary clarifier rehab, headworks expansion, and tertiary filtration technology changes;
and
WHEREAS, the next step in this project is to move from master plan concepts to actual engineering designs, cost
estimates, and initial project delivery planning.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #25-01, Selection #5, and
authorizes Mayor Rawn to sign a professional engineering services contract with Garver, LLC in an amount not to
exceed $303,704.00 for the preliminary design of improvements to the Noland Water Resource Recovery Facility.
PASSED and APPROVED on May 6, 2025
Approved:
* �0�
Attest:
`•`��K•l
_ �96
_U; IAYE ii;=l"LLB.
5:
KA N0 9R, • �•�`: %y. 2
Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer
Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 6, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
FROM: Tim Nyander, Utilities Director
SUBJECT: GARVER, LLC. (SERVICE AGREEMENT):
RECOMMENDATION:
CITY COUNCIL MEMO
2025-467
Staff recommends approval of an Engineering Services Agreement with Garver, LLC in an amount not to
exceed $303,704.00 for preliminary engineering design of master -plan recommended improvements to the
Noland Water Resource Recovery Facility (WRRF), pursuant to RFQ 25-01, Selection #5.
BACKGROUND:
The City completed a year -long master planning effort at the end of 2024 for the Noland WRRF, one of two
wastewater treatment plants owned by the City of Fayetteville. This master plan, completed by Garver, took a
comprehensive and in-depth look at the facility's performance and condition, both now and into the future. The
most immediate improvements recommended by the plan were facility/equipment replacements associated
with aging and deteriorating unit treatment processes such as new/increased influent pumping, aeration
technology replacement, secondary clarifier rehab, headworks expansion, and tertiary filtration technology
changes. The Phase 1 improvements are anticipated to take 5-years to implement, with an estimated total cost
of $80 million.
DISCUSSION:
The next step in this project is to move from master plan concepts to actual engineering designs, cost
estimates, and initial project delivery planning. Garver was selected (RFQ 25-01, Selection #5) to provide
these services. Although a large engineering effort will be needed for this project, this initial scope will progress
design on all proposed improvements to a 10% level to ensure there are no major conflicts with existing plant
elements or other proposed projects. This initial scope will also allow the city to determine best project delivery
methods and select/on-board a contractor to participate in the design.
The not -to -exceed estimated fee for this first phase of engineering scope is $303,704.00.
BUDGET/STAFF IMPACT:
Funds are available in the WWTP Building Improvements account within the Water & Sewer fund.
ATTACHMENTS: SRF (#3) , RFQ 25-01, Selection 5 - Final Vote (#4), Agreement (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2025-467
GARVER, LLC. (SERVICE AGREEMENT):
A RESOLUTION TO AWARD RFQ #25-01, SELECTION #5, AND AUTHORIZE A
PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH GARVER, LLC IN AN
AMOUNT NOT TO EXCEED $303,704.00 FOR THE PRELIMINARY DESIGN OF
IMPROVEMENTS TO THE NOLAND WATER RESOURCE RECOVERY FACILITY
WHEREAS, the City recently completed a year -long master planning effort for the Noland Water
Resource Recovery Facility, which took a comprehensive and in-depth look at the facility's performance
and condition; and
WHEREAS, the most immediate improvements recommended by the plan were facility/equipment
replacements associated with aging and deteriorating unit treatment processes such as new/increased
influent pumping, aeration technology replacement, secondary clarifier rehab, headworks expansion, and
tertiary filtration technology changes; and
WHEREAS, the next step in this project is to move from master plan concepts to actual engineering
designs, cost estimates, and initial project delivery planning.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #25-01,
Selection #5, and authorizes Mayor Rawn to sign a professional engineering services contract with
Garver, LLC in an amount not to exceed $303,704.00 for the preliminary design of improvements to the
Noland Water Resource Recovery Facility.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2025-467
Item ID
5/6/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/8/2025 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with Garver, LLC in an amount not to exceed
$303,704.00 for preliminary engineering design of master -plan recommended improvements to the Noland Water
Resource Recovery Facility.
5400.730.5800-5314.00
Account Number
02032.1
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Water & Sewer
Fund
WWTP Building Improvements
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 3,012,960.00
$ 1,378,629.68
1,634,330.32
$ 303,704.00
_,330,626.32
Previous Ordinance or Resolution #
Approval Date:
V20221130
SELECTION
COMMITTEE - VOTING RESULTS
CITY OF
F �WMAYET TEVILLE
RFQ25-01,Selection 5-Noland
ARKANSAS
Selection Description:
WRRF Rehab &Upgrades Phase 1
Selection Committee Date/Time: 2/17/2025 at 2:00 PM via Zoom
Firms are listed in alphabetical order
1
2
3
Black & Veatch
Freese and Nichols, Inc.
Garver, LLC
Overall RANK
1st
2nd
I yl
3rd
OVERALL RANK SUMMARY SCORING
1st ranked firm:
/t _.. _p I 1 r /�
lF?�—t,PtIT
2nd ranked firm:
aM ltd t ;chols Inc.
3rd ranked firm:
fl l Q t /Qa
,
Tallied by: VIAfd1�U�ll/.
Amanda Beilfussep
rocs] ent Director
KeAny f4tch, Sr. Procurement Agent
Date: /
q / 055
Date: 03-
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of Mav 6 , 2025, 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 3/31/2025
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 3/31/2025
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 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
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 1 3/31/2025
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 3/31/2025
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate, and
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.
6.6 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.
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
Garver Contract — Professional Engineering Services 5 3/31/2025
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
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 ENC=T'KTFER from
Garver Contract — Professional Engineering Services 6 3/31/2025
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
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.
Garver Contract — Professional Engineering Services 7 3/31/2025
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
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
Garver Contract — Professional Engineering Services 6 3/31/2025
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. Notwithstanding anything to the contrary herein, ENGINEER's
proprietary, financial information is not subject to audit.
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 asserts 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 assertion, 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.
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 ENGINFFR terminate
Garver Contract — Professional Engineering Services 9 3/31/2025
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 damages in an amount up to the limits set forth in Section 7.8 below.
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.
7.7 Mutual Waiver
7.7.1 Notwithstanding anything in this Agreement to the contrary, neither party (including its
subconsultants, agents, assignees, affiliates and vendors) shall be liable to the other for any
special, consequential, indirect, punitive, exemplary or incidental damages of any kind
regardless of the cause or action (including negligence of any kind or character including
gross negligence).
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 FAYE�TpTE.�VILLE, ARKANSAS
��j
By: Vy �0 �
Mayor, Molly Rawn
.....K'".....N--
`Nc: pit O�yP:
ATTEST: Ai7Gi� =9:ArEnE
N-i NC aN �0`N.Op
By:
City Clerk Treasurer, Kara Paxton
ENGINEER
By:
ter T Martin
By:
Project Manager, Chris Randall
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Garver Contract — Professional Engineering Services 10 3/31/2025
GARVER
APPENDIX A— SCOPE OF SERVICES
GARVER agrees to perform engineering services in connection with the Fayetteville Noland Water
Resource Recovery Facility (WRRF) Phase 1 Improvements (PROJECT) as hereinafter stated, in
accordance with the stipulations in this agreement. In general, the scope of work includes preliminary
engineering efforts for the PROJECT based on the near -term capital improvements plan
recommendations of the 2024 Master Plan developed for the Noland WRRF.
The 2024 Master Plan developed conceptual designs for the proposed capital improvements at the
Noland WRRF over a 20-year period. The scope of work in this contract includes engineering efforts
for the PROJECT, specifically the proposed near -term capital improvements recommended in the 2024
Master Plan, which have been updated based on recent discussions with the OWNER. The scope of
the Phase 1 Improvements project generally includes the following:
(a) Headworks Screening Removal Improvements
1) Improvements based on recommendations of the 10% Design efforts
(b) Headworks Grit Removal
1) Replace existing mechanical vortex grit removal equipment.
2) Replace existing two grit pumps and two grit classifiers
(c) New Influent Pump Station
1) Construct a new wet -pit submersible influent pump station to replace existing Influent
Pump Station No. 1
2) Construct a new electrical building
(d) Biological Nutrient Removal (BNR) Trains Aeration Improvements
1) Rehabilitate existing BNR trains with diffused aeration system
2) Construct a new electrical building and blower building
(e) Secondary Clarifier Improvements
1) Mechanism Improvements for the four existing secondary clarifiers
(f) New Disk Filter Facility
1) Construct new disk filter facility with three disk filter cells
2) Construct backwash pump room
(g) UV Disinfection Improvements
1) Rehabilitate existing parallel UV channel with new UV disinfection system.
(h) Sludge Holding Tank Improvements
1) Rehabilitate two existing sludge holding tanks with decanting and diffused aeration
system
2) Rehabilitate existing blower building with new blowers for the diffused aeration system
(i) Dewatering Improvements
1) Replace the oldest belt filter press (BFP) with a new 2-meter BFP
2) Heating, ventilation, and air conditioning (HVAC) system upgrades
(j) Site Civil Improvements
1) Install yard piping for
a. Interconnecting influent and effluent of new headworks screening facility
b. Interconnecting influent and effluent of new influent pump station
c. Interconnecting influent and effluent of new disk filter facility
d. Interconnecting influent of UV disinfection facility
Appendix A - Scope of Services 1 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARVER
e. Interconnecting decant piping from the rehabilitated sludge holding tanks
2) Site grading, paving, and drainage improvements as required for improvements herein.
(k) Site Electrical and SCADA Improvements
1) Site electrical and SCADA improvements as needed to support improvements herein.
2) SCADA improvements as needed to support improvements herein.
Further design services (as listed under Future Tasks) will be provided via amendments. As a part of
this contract, GARVER shall perform basic engineering services necessary for the development of the
PROJECT as follows:
1. TASK 1 — PROJECT MANAGEMENT AND QUALITY ASSURANCE
GARVER will manage professional services to complete the PROJECT. These services will
include preparation of PROJECT controls including progress reports, action items logs,
decision logs, project team meetings, technical review committee workshops, schedule and
cash flow projections, and invoicing. GARVER shall provide professional services in this Task
as follows.
1.1. GARVER will prepare a PROJECT Work Plan, a document to be used by all participants
in the PROJECT to ensure a common understanding of PROJECT goals, scope, and tasks
as follows:
(a)
PROJECT definition
(b)
PROJECT resources
(c)
PROJECT schedule
(d)
PROJECT budget
(e)
Quality Management Plan
(f)
Change Management Plan
(g)
Communications Plan
1.2. GARVER will plan and participate in a PROJECT start-up meeting with OWNER to confirm
PROJECT scope, personnel, lines of communication, security protocols, change
management, and schedule.
1.3. GARVER will develop a schedule for the PROJECT, which will be periodically updated
throughout completion of the PROJECT.
1.4. GARVER will prepare monthly invoices.
2. TASK 2 — 10% DESIGN
This task will establish complete facility layouts and incorporate into an overall site plan to
coordinate the site and process integration of the near -term improvements as well as future
CIP projects.
2.1. The 10% Design phase submittal will include a 10% Design Report comprising the
following sections:
(a) Executive Summary
(b) Overall Project Design Criteria
Appendix A - Scope of Services 2 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARVER
1. Influent flow and loadings at annual average day, maximum month, and
peak -hour conditions
2. Mass Balance Updates
(c) Conceptual (10%) Design of all Near -term Improvements
(a) Headworks Screening Removal
1. Evaluation of expanding the existing headworks facility (as presented in
the 2024 Master Plan) versus constructing a new headworks screening
building adjacent to the existing facility.
2. Hydraulic profile update based on selected alternative
(b) Headworks Grit Removal
(c) New Influent Pump Station
(d) BNR Trains Improvements and New Blower Facility
(e) Secondary Clarifiers Rehabilitation
(f) New Cloth -Media Tertiary Filtration Complex
(g) UV Disinfection Upgrades
(h) Sludge Holding Tank Aeration and Piping Improvements
(i) Site Electrical Improvements
2.2. Conceptual design of each facility in the 10% Design Report will include the following:
(a) Process specific design criteria
(b) Manufacturer equipment sizing information,
(c) Building design basis,
(d) Refined facility layouts with 3D renderings,
(e) Overall process control descriptions,
(f) Provisions for electrical upgrades.
2.3. 10% Design Report will also include:
(a) Updated site layouts and a 10% level OPCC estimate.
(b) Proposed phasing sequence for all elements included in the 10% Design Report
2.4. 10% Design Report will provide the foundation for the preliminary design report discussed
in Task 3. This submittal will not include technical specifications or "front end" contract
documents. OWNER comments will be discussed at a 10% Design Workshop.
2.5. 10% Design Workshop: Following submission of the 10% Design Report, GARVER will
lead and participate in a workshop. The workshop will be held at the OWNER's office and
major items of discussion will include:
(a) Provide an overview of 10% Design Report
(b) Review headworks screening removal improvements alternatives
(c) Review equipment recommendations
(d) Review facility layouts and overall process control approaches
(e) Review of the preliminary site plan.
(f) Review major equipment selection.
(g) Review proposed construction sequencing.
2.6. GARVER will incorporate comments from the OWNER on the 10% Design Report and
Prepare a Final Version to share with CMAR.
2.7. Cost -Loaded Schedule
Appendix A - Scope of Services 3 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARVER
(a) GARVER will update the cost -loaded schedule spreadsheet developed as a part
of the 2024 Master Plan throughout this task.
2.8. Deliverables
(a) PDF format of 10% Design Report.
(b) Three hard copies of 10% Design Report.
(c) Kickoff and 10% design workshop meeting minutes (electronic PDF).
(d) Updated cost -loaded schedule spreadsheet.
(e) Electronic files as requested.
TASK 3 — CMAR SOLICITATION
3.1. GARVER will support the OWNER in developing a request for proposal (RFP) for CMAR
solicitation and public advertisement.
3.2. GARVER will assist the OWNER in negotiating a CMAR Preconstruction Contract with the
selected CMAR that provides for an off -ramp at the final GMP.
4. TASK 4 — CMAR ONBOARDING
4.1. Following CMAR selection, GARVER will conduct a project on -boarding meeting and site
walk with the CMAR and the City to present the conceptual design of the proposed
improvements. In addition to familiarizing the CMAR with the project, the goal of this Task
is for the CMAR to provide input on phasing and construction sequencing.
4.2. GARVER will conduct a 10% design review meeting with the CMAR. Garver will solicit
feedback from the CMAR on OPCC, phasing of the near -term improvements, value
engineering, materials of construction, maintenance of operations, and building systems.
Facilities for 30% design will be finalized during this effort.
Appendix A - Scope of Services 4 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARVER
FUTURE TASKS
The following additional services will only be performed after written amendment from the
OWNER, or a supplemental contract if agreeable to both parties:
5. TASK 5 — PRELIMINARY DESIGN (30%)
This task will include project management and quality assurance for the preliminary design
(30%) of the following facilities:
(a) Headworks Improvements
1) 30% design will be based on the selected alternative from 10% Design DIM.
(b) UV Disinfection Improvements
1) Rehabilitate existing parallel UV channel with new UV disinfection system
(c) Sludge Holding Tank Improvements
1) Rehabilitate two existing sludge holding tanks with decanting and diffused aeration
system
2) Rehabilitate existing blower building with new blowers for the diffused aeration system
(d) Site Civil Improvements
1) Install yard piping for
a. Interconnecting influent and effluent of new headworks screening facility
b. Interconnecting influent of UV disinfection facility
c. Interconnecting decant of the rehabilitated sludge holding tanks
2) Site grading, paving, and drainage improvements as required for improvements herein.
(e) Site Electrical and SCADA Improvements
1) Site electrical and SCADA improvements as needed to support improvements herein.
2) SCADA improvements as needed to support improvements herein.
5.1. The Preliminary (30%) Design phase submittal will include a preliminary design report
documenting the design criteria, preliminary drawings, and an opinion of probable
construction cost (OPCC) within -30% to +30% accuracy range of expected construction
cost. The preliminary design report (PDR) will be organized using a series of Design
Information Memorandums (DIMs). The PDR will include the following sections:
(a)
DIM 0 —
Executive Summary
(b)
DIM 1 —
Overall Project Design Criteria (From 10% Design Report)
(c)
DIM 2 —
Hydraulic Profile
(d)
DIM 3 —
Headworks Screening Improvements
(e)
DIM 4 —
UV Disinfection Rehabilitation
(f)
DIM 5 —
Sludge Holding Tank Rehabilitation
(g)
DIM 6 —
Site Civil Concepts
(h)
DIM 7 —
Structural Concepts
(i)
DIM 8 —
Electrical, Instrumentation, & Controls Concepts
0)
DIM 9 —
Construction Sequencing and Constraints
(k)
DIM 10
—Equipment Cut Sheets
(1)
DIM 11
— 30% Drawings
5.2. The preliminary design phase will represent approximately 30 percent of final construction
contract plans. This submittal will not include technical specifications or "front end" contract
Appendix A - Scope of Services 5 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
documents. Owner comments will be discussed at a Preliminary Design Workshop.
GARVER will incorporate comments from the Owner on the Preliminary Design in the Final
Design.
5.3. Garver will submit a copy of the Preliminary Design Report and Plans to ADEE as a
searchable and bookmarked PDF and one (1) hard copy.
6. TASK 6 - SURVEY
6.1. GARVER will conduct field surveys, utilizing radial topography methods, at intervals and
for distances at and/or along the project site as appropriate for modeling the existing
ground, including locations of pertinent features or improvements.
6.2. GARVER will provide photogrammetry utilizing a fixed wing drone. GARVER will locate
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 six control points for use during construction.
7. TASK 7 — GEOTECHNICAL COORDINATION
7.1. Garver will contract with an independent licensed geotechnical engineer to perform a
geotechnical evaluation for this project. Garver will prepare boring layout exhibits and stake
up to twenty (20) locations for geotechnical borings
7.2. Garver will review the report prepared by the licensed geotechnical engineer. This will
include a review of the boring logs, laboratory test results, discussion of subsurface
conditions and soil properties indicated by the field and laboratory work, and the
implications for design foundation and site preparation recommendations for the project.
8. TASK 8 — CMAR COORDINATION DURING DESIGN
8.1. GARVER will conduct design review meetings with the CMAR and Owner at each
milestone deliverable. Garver will solicit feedback from the CMAR on value engineering,
materials of construction, maintenance of operations, and building systems.
8.2. GARVER will collaborate with the CMAR to develop a risk register to track project risks
and mitigation techniques.
8.3. GARVER will assist the City in negotiating a CMAR construction contract for each bid
package.
9. TASK 9 - FINAL DESIGN
Based upon the results of the approved preliminary design by the Owner, GARVER will develop
the detailed plans and specifications as a part of the Final Design for a single construction
contract. GARVER will provide only technical specifications. Front end documents will be the
responsibility of the CMAR.
Garver will develop 60%, 90%, 100%, ADEE Construction Permit Application, and conformed
Drawings, Details, and Specifications to support design of the included elements in the
Preliminary Design (30%).
Appendix A - Scope of Services 6 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARVER
9.1. Garver will develop 60% Drawings, Details, Technical Specifications, and an AACE Class
3 OPCC for the recommendations provided in Task 3. These plans will be to a 60% level
and will include proposed process location, civil and mechanical layouts, and general
structural design. The 60% plans will be developed in accordance with applicable and
appropriate code requirements.
9.2. Garver will develop 90% Drawings, Details, and Technical Specifications for the
recommendations provided in 3. These plans will be to a 90% level and will include
proposed process location, civil and mechanical layouts, and structural design. The 90%
plans will be developed in accordance with applicable and appropriate code requirements.
9.3. GARVER will furnish OWNER, when requested, the engineering data and graphics
necessary for applications for routine permits, submittals, and approvals required by local,
state, and federal authorities, and assist OWNER in consultations with appropriate
authorities. GARVER will coordinate and meet with applicable regulatory agencies, which
may include but are not limited to the ADEE.
9.4. Garver will develop ADEE Construction Permit Application Submittal. These plans will be
to a 90% level and will be signed and sealed per ADEE application requirements.
9.5. Deliverables
(a) 60% Drawings, Details, and Technical Specifications as a searchable and
bookmarked PDF.
(b) 90% Drawings, Details, Front -End and Technical Specifications as a searchable and
bookmarked PDF.
(c) ADEE Construction Permit Application with Signed and Sealed Drawings and
Specifications as a searchable and bookmarked PDF and one (1) half-size hard
copy.
(d) Issued for construction Drawings, Details, and Technical Specifications as a
searchable and bookmarked PDF.
10. TASK 10 — Bidding Support
10.1. Garver will support CMAR in bidding activities. GARVER's support will include responding
to RFIs and questions during bidding.
11. TASK 11 -CONSTRUCTION ADMINISTRATION SERVICES
The scope identified in this task is to be modified and authorized by a future amendment to the
Agreement and currently assumes a 24-month construction schedule and CMAR contractor
selection. During the construction phase of work, GARVER will accomplish the following:
11.1. Attend preconstruction meeting.
11.2. Attend monthly progress/coordination meetings, up to a maximum of 24, with the
Owner/Contractor.
11.3. Evaluate and respond to construction material submittals and shop drawings. Corrections
or comments made by GARVER on the shop drawings during this review will not relieve
CMAR contractor from compliance with requirements of the drawings and specifications.
The check will only be for review of general conformance with the design concept of the
project and general compliance with the information given in the contract documents. The
Appendix A - Scope of Services 7 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARVER
CMAR contractor will be responsible for confirming and correlating all quantities and
dimensions, selecting fabrication processes and techniques of construction, coordinating
his work with that of all other trades, and performing his work in a safe and satisfactory
manner. GARVER's review shall not constitute approval of safety precautions or constitute
approval of construction means, methods, techniques, sequences, procedures, or
assembly of various components. When certification of performance characteristics of
materials, systems or equipment is required by the Contract Documents, either directly or
implied for a complete and workable system, GARVER shall be entitled to rely upon such
submittal or implied certification to establish that the materials, systems or equipment will
meet the performance criteria required by the Contract Documents.
11.4. Issue instructions to the CMAR contractor on behalf of the Owner and issue necessary
clarifications (respond to RFIs) regarding the construction contract documents.
11.5. Review the CMAR contractor's progress payment requests, up to a maximum of 24, based
on the actual quantities of contract items completed and accepted, and make
recommendations to the Owner regarding payment. GARVER's recommendation for
payment shall not be a representation that GARVER has made exhaustive or continuous
inspections to (1) check the quality or exact quantities of the Work; (2) to review billings
from Subcontractors and material suppliers to substantiate the CMAR contractor's right to
payment; or (3) to ascertain how the CMAR contractor has used money previously paid to
the CMAR contractor.
11.6. When authorized by the Owner, prepare change orders for changes in the work from that
originally provided for in the construction contract documents. If redesign or substantial
engineering or surveying is required in the preparation of these change order documents,
the Owner will pay GARVER an additional fee to be agreed upon by the Owner and
GARVER. The fee is based upon reviewing approximately 10 estimated contract
modification requests and preparing up to 8 change orders. This corresponds to up to 200
hours of review and preparation time.
11.7. Participate in final project inspection, prepare punch list, review final project closing
documents, and submit final pay request. GARVER will also provide a project certification
letter with final project cost to the Owner.
11.8. Provide a maximum of 24 hours of survey crew time for field checking quantities and
contractor's layout.
11.9. Provide record drawings incorporating any change orders, field changes, and CMAR
contractor revisions.
11.10. The Construction Contract will include provisions for the CMAR contractor to pay for excess
professional services beyond limits described herein.
11.11. Deliverables
(a) PDF file of all submittals, RFIs, O&M manuals with digital bookmarks.
(b) PDF of Record Drawings and Specifications.
(c) Record plans, and specifications:
i. Five (5) copies of specifications, three (3) half size drawings, and two (2) full size
drawings to the Owner.
Appendix A - Scope of Services 8 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARVER
12. TASK 12 - CONSTRUCTION OBSERVATION
The scope identified in this task is to be modified and authorized by a future amendment to the
Agreement and currently assumes a 24-month construction schedule and CMAR contractor
selection. During the construction phase of work, GARVER will accomplish the following:
12.1. Construction observation services will be provided by GARVER's Resident Project
Representative, who will provide or accomplish the following:
12.2. Consult with and advise the Owner during the construction period.
12.3. Coordinate with the firm providing construction materials quality assurance testing.
12.4. Maintain a file of quantities incorporated into the work, test reports, certifications, shop
drawings and submittals, and other appropriate information.
12.5. Maintain a project diary which will contain information pertinent to each site visit.
12.6. Maintain a set of working drawings and prepare and furnish record drawings based upon
the Contractor markups.
12.7. Provide part-time resident construction observation services for the construction contract
performance time. The scope of services assumes observation of all concrete pours. If the
construction time extends beyond the time established in this agreement or if the Owner
wishes to increase the time or frequency of the observation, the Owner will pay GARVER
an additional fee agreed to by the Owner and GARVER.
12.8. The proposed fee for Construction Phase Services is based on a 730-calendar day
construction contract performance time which will begin when the Owner issues an NTP to
the CMAR contractor. If the construction time extends beyond the time established in this
agreement, the Construction Contract will be drafted such that the CMAR contractor is
required to pay for excess professional services. The Construction Contract will also
require the CMAR contractor to pay for excess professional services beyond the
observation limits described herein.
12.9. In performing construction observation services, GARVER will endeavor to protect the
Owner against defects and deficiencies in the work; but GARVER cannot guarantee the
performance of the CMAR contractor, nor be responsible for the actual supervision of
construction operations or for the safety measures that the CMAR contractor takes or
should take. However, if at any time during construction GARVER observes that the work
does not comply with the design documents, GARVER will notify the CMAR contractor of
such non-compliance and advise him in writing to correct the deficiency. GARVER will
also record the observance, the discussion, and the actions taken. If the CMAR contractor
continues without satisfactory corrective action, GARVER will notify the Owner
immediately, so that appropriate action under the Owner's contract with the CMAR
contractor can be taken.
12.10. Deliverables
(a) PDF of observation reports and testing reports. The Construction Contract
documents will the Contractor to complete and provide daily reports.
Appendix A - Scope of Services 9 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARVER
13. TASK 13 - START-UP SERVICES
Garver will provide up to 100 hours of on -site startup support. This effort will support operations staff
and Contractor in startup of unit processes, optimizing control setpoints, and providing process
operation guidance.
14. TASK 14 — WARRANTY INSPECTION SERVICES
Garver will participate in a site walk through approximately 30 days prior to the end of the Contractors
warranty period. Garver will draft a letter to the Contractor outlining any observed warranty defects.
EXTRA WORK
The following items are not included under this agreement but will be considered as extra work:
(a) Revisions, due to changed conditions, after OWNER approval and GARVER completion
of final documents.
(b) Submittals or deliverables in addition to those listed herein.
(c) Pilot testing.
(d) Independent construction materials testing outside of this contract.
(e) Video inspections and/or pipeline cleaning.
(f) Wastewater flow monitoring.
(g) Environmental Handling and Documentation, including wetlands identification or
mitigation plans or other work related to environmentally or historically (culturally)
significant items.
(h) Risk assessments and Emergency Response Plans in accordance with America's Water
Infrastructure Act.
(i) Rate studies.
0) Operations and maintenance services.
(k) Financial services.
(1) Receiving Stream Modeling.
Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the
Owner and GARVER.
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:
Appendix A - Scope of Services 10 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
GARV ER
Phase Description
Calendar Days
Kickoff Meeting
14 days from notice to proceed
Task 1 — Project Management and Quality
Assurance
Project Duration
Task 2 —
Submit Draft 10% Design Report
120 days after Kickoff meeting
Task 2 —
10% Design Workshop
14 days after draft 10% Design Report Submittal
Task 2 —
Submit Final 10% Design Report
30 days after 10% design workshop
Task 3 —
CMAR Solicitation
90 days from NTP for this Task
Task 4 —
CMAR Onboarding
45 days from CMAR selection
Future Task --
Task 5 —
Preliminary Design
5 months from NTP for this Task
Task 6 —
Survey
2 months from NTP for this Task
Task 7 — Geotechnical Coordination
3 months from NTP for this Task
Task 8 — CMAR Design Coordination
Final Design Duration
Task 9 —
Final Design
6 months from NTP for this Task
Task 10
— Bidding Support
Bidding Duration
Task 11
Services
— Construction Administration
24 months from issuance of NTP to CMAR
Contractor
Task 12
— Construction Observation
24 months from issuance of NTP to CMAR
Contractor
Task 13
- Start-up Services
45 days from NTP from for this task
Task 14
- Warranty Inspection Services
30 days prior to the end of the Contractors warranty
period
Appendix A - Scope of Services 11 of 11 2401736
Fayetteville Noland WRRF Phase I Improvements
Appendix B
City of Fayetteville
Fayetteville Noland WRRF Phase I Improvements
FEE SUMMARY
Basic Services Section
Estimated Fees
Task 1 - Project Management and Quality
$
23,627.00
Task 2 - 10% Design (All Near -Term Improvements)
$
231,995.00
Task 3 - CMAR Solicitation
$
12,514.00
Task 4 — CMAR Onboarding
$
35,568.00
Subtotal for Basic Services Section
$
303,704.00
a]
GARVER
Appendix B
City of Fayetteville
Fayetteville Noland WRRF Phase I Improvements
Garver Hourly Rate Schedule: July 2024 - June 2025
Classification
Rates
Engineers / Architects
E-1
$ 135.00
E-2
$ 157.00
E-3
$ 180.00
E-4
$ 211.00
E-5
$ 257.00
E-6
$ 316.00
E-7
$ 439.00
Planners
P-1
$ 163.00
P-2
$ 204.00
P-3
$ 254.00
P-4
$ 284.00
P-5
$ 320.00
Designers
D-1
$ 123.00
D-2
$ 140.00
D-3
$ 167.00
D-4
$ 200.00
D-5
$ 246.00
Technicians
T-1
$ 99.00
T-2
$ 119.00
T-3
$ 145.00
T-4
$ 187.00
Surveyors
S-1
$ 60.00
S-2
$ 80.00
S-3
$ 108.00
S-4
$ 154.00
S-5
$ 195.00
S-6
$ 227.00
S-7
$ 269.00
S-8
$ 339.00
2-Man Crew (Survey)
$ 234.00
3-Man Crew (Survey)
$ 293.00
2-Man Crew (GPS Survey)
$ 289.00
3-Man Crew (GPS Survey)
$ 359.00
Construction Observation
C-1
$ 117.00
C-2
$ 146.00
C-3
$ 178.00
C-4
$ 230.00
C-5
$ 277.00
Classification
Rates
Resource Specialists
RS-1
$ 108.00
RS-2
$ 143.00
RS-3
$ 202.00
RS-4
$ 278.00
RS-5
$ 348.00
RS-6
$ 428.00
RS-7
$ 478.00
Environmental Specialists
ES-1
$ 108.00
ES-2
$ 136.00
ES-3
$ 174.00
ES-4
$ 205.00
ES-5
$ 258.00
ES-6
$ 331.00
ES-7
$ 414.00
ES-8
$ 468.00
Project Controls
PC-1
$ 110.00
PC-2
$ 146.00
PC-3
$ 186.00
PC-4
$ 238.00
PC-5
$ 291.00
PC-6
$ 376.00
PC-7
$ 472.00
Management / Administration
AM-1
$ 78.00
AM-2
$ 100.00
AM-3
$ 139.00
AM-4
$ 178.00
AM-5
$ 218.00
AM-6
$ 283.00
AM-7
$ 363.00
M-1
$ 530.00
Agreement for Professional Services
The agreed upon rates will be increased 4 % annually with the first increase effective on or about July 1, 2025
Fayetteville Noland WRRF Phase I Improvements Garver Project No. 2401736
