HomeMy WebLinkAbout110-03 RESOLUTION• •
RESOLUTION NO. 110-03
A RESOLUTION TO APPROVE AN ENGINEERING
CONTRACT WITH GARVER ENGINEERS, LLC IN
THE NOT TO EXCEED AMOUNT OF $1,721,886.00
FOR ENGINEERING SERVICES RELATED TO THE EAST
PIPELINES AND PUMP STATIONS
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 lump sum contract in the not to exceed amount of One
Million Seven Hundred Twenty -One Thousand Eight Hundred Eighty -Six
Dollars ($1,721,886.00) attached as Exhibit A. This lump sum contract engages
Garver Engineers LLC to provide engineering services to include: project design
surveys, property surveys, project administration, value engineering support,
project coordination, preparation of construction contract specifications and
drawings, estimating probable construction costs, and providing bidding and
negotiation services for four construction contracts (as more particularly
described in the contract) related to the East Pipelines and Pump Stations.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire
Garver Engineers LLC for this project.
PASSED and APPROVED this the 15th day of July, 2003.
•
By: ,uJ t AvatL
Sondra Smith, City Clerk
APPROVED:
By
DAN COODY, Mayj
• •
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER ENGINEERS, LLC
THIS AGREEMENT is made as of IS , 2003, by and between City of
Fayetteville, Arkansas, acting by and throul,h its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and Garver Engineers, LLC with offices located in Fayetteville (hereinafter called GARVER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the planning, design, permitting, construction, operation, maintenance, management, and financing
of the Fayetteville Wastewater System Improvement Project and in particular the final design of
wastewater improvements including gravity and force main sewers and pump stations necessary to
transport wastewater to the renovated Noland Wastewater Treatment Plant as detailed in GARVER'S
Preliminary Report for Fayetteville Wastewater Improvements - East Collection System, dated May 2001
(The Project ). Therefore, CITY OF FAYETTEVILLE and GARVER in consideration of their mutual
covenants agree as follows:
GARVER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of GARVER's services. All services shall he performed under
the direction of a professional engineer registered in the State of Arkansas and qualified in the particular
field. If Construction Phase Services are to be provided by GARVER under this Agreement, the
construction shall he executed under the observation of a professional engineer registered in the State of
Arkansas in accordance with Arkansas Code Amended §22-9-10I.
SECTION 1 - AUTHORIZATION OF SERVICES
Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of GARVER.Assignments may include services described
hereafter as Basic Services or as Additional Services of GARVER.
1.2 Changes, modifications or amendments in scope, price or fees to this contract
shall not be allowed without a formal contract amendment approved by the
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Mayor and the City Council in advance of the change in scope, costs, fees, or
delivery schedule.
SF.CTION 2 - BASIC SERVICES OF GARVER
2.1 General
2.1.1 Perform professional design services in connection with the Project as hereinafter stated,
which shall include normal civil, structural, mechanical, and electrical engineering services
and normal architectural design services incidental thereto.
2.1.1.1 The Scope of Services to be furnished by GARVER during the Final Design Phase is
included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this
Agreement.
2.1.1.2 The Scope of Services to be furnished by GARVER during the I3idding Phase is included
in Section 2.3 hereafter and in Appendix B attached hereto and made part of this
Agreement.
2.1.1.3 The Scope of Services to be furnished by GARVER during the Construction Phase, if
any, will be finalized and contained in an amendment to this Agreement after Final
Design is completed.
2.1.1.4 The Scope of Services to be furnished by GARVER during the Post -Construction Phase,
if any, will be finalized and contained in an amendment to this Agreement after Final
Design is completed.
2.1.1.5 The preliminary Scope of Services to be furnished by GARVER for Resident Services
During Construction, if any, will he finalized and contained in an amendment to this
Agreement after Final Design is completed.
2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting
engineering services, as the "Program Manager" for the Wastewater System Improvement
Project. The professional design services to which this Agreement applies are a part of the
Wastewater System Improvement Project. GARVER shall coordinate their activities and
services primarily with Program Manager and all other parties that CITY OF
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FAYETTEVILLE may contract with for program management or professional design
services as a part of the Wastewater System Improvement Project. GARVER and CITY OF
FAYETTEVILLE agree that GARVER has full responsibility for the engineering design.
2.2 Final Design Phase
2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character
and scope of the Work to he performed by contractors on the Project (hereinafter called the
"Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Abreement
and Bond forms, General Conditions, and Specifications (all of which, together with the
Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by
CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist
CITY OF FAYETTEVILLE in the preparation of other related documents.
2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master
Format and Section Format and shall incorporate CITY OF FAYE11EVILLE's standard
general conditions and forms. I3id documents shall include required forms for State
Revolving Loan Fund funding. Text documents shall be provided to CITY OF
FAYETTEVILLE in Microsoft® Word version 2000 or later software. Contract drawings
shall be prepared using standard borders, sheet sizes, title blocks and CADD standards
provided by CITY OF FAYETTEVILLE. GARVER may use their normal software for
the preparation of drawings but the final product shall be provided to CITY OF
FAYETTEVILLE in Autodeska AutoCAD version 2000 or later.
2.2.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF
FAYETTEVILLE, a project design schedule in which GARVER shall include, in an
acceptable level of detail, the steps and milestone dates to be undertaken by GARVER in
the completion of this final design. This Schedule shall include reasonable allowances
for review and approval times required by CITY OF FAYETTEVILLE, performance of
services by CITY OF FAYETTEV ILLE's consultants, and review and approval times
required by public authorities having jurisdiction over the Project. This schedule shall be
equitably adjusted as the Project progresses, allowing for changes in scope, character or
size of the Project requested by CITY OF FAYETTEVILLE, or for delays or other
causes beyond GARVER's reasonable control. Nonconformance with this schedule by
GARVER and its subconsultants may result in the assessment of damages payable by
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(GARVER to the CITY OF FAYETTEVILLE for costs and damages incurred. The
maximum cost liability of GARVER shall be limited to the total gross amount payable to
or through the Consultant authorized under this agreement, including amendments
thereto.
2.2.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the
duration of each sub -project and the discrete milestone activities which make up the
sub -projects, but at a minimum shall include contract drawings, contract
specifications, and design reviews as indicated in Section 2.2.10. Separate line items
and durations may be shown for costs that apply to the Project as a whole, including,
but not limited to, Project Management and Administration, Insurance, Value
Engineering, surveys, subcontracted work, and property acquisition and easement
documents. GARVER shall assign to each schedule activity of the progress design
schedule a corresponding cost value that shall include a monthly allocation for labor,
expenses, overhead, and profit. The sum of all cost values assigned shall equal the
Lump Sum Amount shown in Section 6.1.1. of this Agreement.
2.2.1.3 When requested by the CITY OF FAYF 1 1 EVILLE's Director of Water and Wastewater,
prepare for and attend up to four City Council meetings to provide periodic updates on
the progress of the final design.
2.2.1.4 If the plans and specifications for the project require bids on altemates in addition to a
base bid, there shall be no more than three (3) alternates, and the alternates shall be
developed and described in accordance with Title 22, Article 9-203 of the Arkansas
Code.
2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work
into stand alone multiple construction or procurement packages which may yield
immediate operating benefits to the CITY OF FAYETTEVILLE and give these first
priority for completion. The separate design or procurement packages to be completed
by GARVER are listed below.
2.2.1.5.1 1. Phase 1 — Pump Stations 13, 15, and 19 and associated force main improvements.
2.2.1.5.2 2. Phase 2 — Line 7 and Pump Station 21.
2.2.1.5.3 3. Phase 3 Line 4.
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2.2.1.5.4 4 Phase 4 — Pump Stations 14, 16, and 18.
2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for
filing applications for permits from or approvals of the following applicable governmental
authorities having jurisdiction to review or approve the final design of the Project and assist
in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil
and Water Conservation Commission, including the written approvals from the Arkansas
Department of Health and the Arkansas Division of Environmental Quality. Actual Filing
and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF
FAYETTEVILLE in consultations with appropriate authorities.
2.2.2.1 Arkansas Soil and Water Conservation Commission (ASWCC)
2.2.2.2 Arkansas Department of Health (AHD)
2.2.2.3 Arkansas Department of Environmental Quality (ADEQ)
2.2.2.4 U.S. Army Corps of Engineers (COE)
2.2.2.5 Fayetteville Planning Commission
2.2.2.6 Washington County Court
2.2.2.7 City of Greenland
2.2.2.8 City of Farmington
2.2.2.9 Arkansas State Highway and Transportation Department
2.2.2.10 Railroad Authorities
2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost
opinion for the Project caused by changes in scope, design requirements, or construction costs
and furnish a revised cost opinion for the Project based on the final Bid Documents.
2.2.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including,
but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year
performance evaluation.
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2.2.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents.
2.2.6 Determine land and easement requirements and provide consultation and assistance on
property procurement as related to professional engineering services being performed.
2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core
borings, prohings and subsurface explorations, hydrographic surveys, laboratory tests, and
inspections of samples, materials and equipment obtained through subcontract services for
authorized Project services including property, boundary, easement, right-of-way,
topographic, and utility surveys; noting zoning and deed restrictions.
2.2.7.1 Fully disclose all subcontract agreements including the name and address of the
subconsultant, the scope of services to be provided. and the value of the subcontract
agreement.
2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services
the applicable milestone dates from the Submittal Schedule contained in the
Memorandum of Agreement, as amended, between ASWCC and the CITY OF
FAYETTEVILLE and require all GARVER subconsultants to be bound by the Submittal
Schedule. GARVER will submit a preliminary and a final project performance workplan
to ASWCC.
2.2.8 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager
and confirm status of compliance with final design schedule.
2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager
and GARVER such schedules, reports, opinions of probable costs, renderings, project
summaries, and other data as may be required, for posting by others on a project web site to
allow the public to monitor and review the activities, materials, and financial status of the
project. Refresh the data supplied to the Program Manager no more frequently than monthly.
2.2.10 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parries as CITY OF
FAYETTEVILLE shall designate, at the applicable completion levels outlined below.
2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent.
2.2.10.2 East Side Collection System Improvements — 30 percent and 90 percent.
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2.2.10.3 West Side WWTP:
• Plant Access Road and Improvements - 30 percent and 90 percent.
• Plant Effluent Line - 30 percent and 90 percent.
• West Side Wastewater Treatment Plant - 30 percent, 60 percent, and 90 percent.
2.2.10.4 Paul Noland Facility:
• Wet Weather Package - 30 percent and 90 percent.
• l leadworks Package - 30 percent, 60 percent, and 90 percent.
• Solids Handling Package 30 percent, 60 percent, and 90 percent.
2.2.11 See Appendix A for additional services or clarification of services to be provided by
GARVER.
2.3 Bidding Phase
2.3.1 CARVER will follow Arkansas Soil and Water Conservation Commission statutory bidding
protocol for State Revolving Loan Fund.
2.3.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to
contractors of record. Notices shall comply with requirements of CITY OF
FAYETTEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and
Water Conservation Commission, Construction Assistance Division, and the Arkansas
Development Finance Authority (ADFA). The legal notice to he placed in legal notices
section of a local newspaper(s) of countywide and statewide circulation and shall be
coordinated with CITY OF FAYE'1TEVILLE purchasing agent and an affidavit of
publication secured.
2.3.3 Prepare addenda for drawings and Bid Documents as required and submit to Program
Manager in timely manner such that addenda can be issued by GARVER in accordance with
Construction Contract General Conditions. All bidding protocols shall conform to ASWCC
statutory requirements with all addenda being approved by ASWCC prior to issuance.
2.3.4 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
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2.3.5 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and
communications during bidding and maintain list of plan holders. Print and distribute copies
of plans and specifications for all prospective bidders and plan rooms. Collect from
prospective bidders an appropriate non-refundable fee to offset cost of reproducing and
distributing Bidding Documents.
2.3.5.1 GARVER shall attend a Pre -Bid Conference organized, convened, and conducted by the
Program Manager to explain the project requirements and receive questions from
prospective bidders. GARVER shall consider the questions received and issue necessary
clarifications and changes to the Bid Documents through the use of addenda. Make
logistical arrangements for and conduct a site tour of the project area.
2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts. GARVER shall prepare and submit bid certification documents to
AS WCC for review.
2.3.7 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors
and other persons and organizations proposed by the prime construction contractor(s),
hereinafter called "Contractor(s)," for those portions of the work as to which such
acceptability is required by the Bid Documents.
2.3.8 Make recommendations regarding award of construction contracts.
2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to
recommend action by the respective bodies. Prepare and present a recommendation complete
with such supporting information as necessary for the bodies to makt, an informed decision
on the action recommended.
2.3.10 Develop and include in Appendix B of this Agreement, a bidding services schedule in which
GARVER shall include, in an acceptable level of detail, the steps and milestone dates to be
undertaken by GARVER in the completion of the bidding services. The bidding services
schedule shall consist of a bar chart schedule depicting the duration of the bidding period of
each sub -project and the discrete milestone activities which make up the sub -projects.
Separate line items and durations may be shown for costs that apply to the Project as a whole,
including, but not limited to, Project Management and Administration, and Insurance.
GARVER shall assign to each schedule activity of the bidding services schedule a
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corresponding cost value which shall include a monthly allocation for labor, expenses,
overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount
shown in Section 6.1.2. of this Agreement.
2.3.1 I See Appendix 13 for additional services or clarification of services to be provided by
GARVER.
2.4 Construction Phase
2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
Design Phase Services.
2.5 Post -Construction Phase
2.5.1 The scope of Post -Construction Phase Services, if any, will be ncgotiatcd following
completion of Design Phase Services.
2.6 Resident Services During Construction
2.6.1 The scope of Resident Sen ices During Construction, if any, will be negotiated following
completion of Design Phase Services.
SECTION 3 - ADDITIONAL SERVICES OF GARVER
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by GARVER, GARVER shall furnish or obtain from others Additional Services of the following
types that are not considered normal or customary Basic Services. The scope of Additional Services may
include:
3.1.1 Grant and Loan Assistance
Prepare applications and supporting documents for governmental grants, loans, or advances.
3.1.2 Financial Consultation
Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such
engineering data as required for any bond prospectus or other financing requirements.
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3.1.3 Administrative Assistance
Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE.
3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use.
3.1.5 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and
the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and
valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required
in connection with construction performed by CITY OF FAYETTEVILLE.
3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or
other proceeding involving the Project.
3.1.7 Extra Services
3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF
FAYETTEVILLE.
3.2 Contingent Additional Services
3.2.1 if services described under Contingent Additional Services in Paragraph 3.2 are required due
to circumstances beyond GARVER's control, GARVER shall notify CITY OF
FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the
City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that
such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give
prompt written notice to GARVER. If CITY OF FAYETTEVILLE indicates in writing that
all or parts of such Contingent Additional Sen ices are not required GARVER shall have no
obligation to provide those services.
3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions arc:
3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYF. 1 EVILLE's program or Project Budget.
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3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of GARVER:
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
4.2 Assist GARVER by placing at GARVER's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
4.3 Guarantee access to and make all provisions for GARVER to enter upon public and private
property as required for GARVER to perform his services under this Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents. Drawings, proposals,
and other documents presented by GARVER and render in writing decisions pertaining
thereto.
4.5 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Project.
4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with
respect to the services to be performed under this Agreement. Such person shall have
complete authority to transmit instructions, receive information. interpret and define CITY
OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements
and systems to be used in the Project, and other matters pertinent to the services covered by
this Agreement.
4.7 Give prompt written notice to GARVER whenever CITY OF FAYETTEVILLE observes or
otherwise becomes aware of any defect in the Project.
4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project. Pay directly to the governmental authorities the actual filing and permit fees.
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4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements of the Wastewater System Improvement Project.
4.10 Furnish, or direct GARVER to provide, necessary Additional Services as stipulated in
Section 3 of this Agreement or other services as required.
4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and
General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such
documents for GARVER's use in coordinating the Contract Drawings and Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to GARVER in a timely manner.
SECTION 5 - PERIOD OF SERVICE:
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. GARVER will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services arc to be completed.
SECTION 6 - PAYMENTS TO GARVER
6.1 Compensation
6.1.1 Final Design Phase Services
For the Scope of Services during the Final Design Phase described herein, CITY OF FAYETTEVILLE
shall pay GARVER the lump sum amount of ONE MILLION SIX IIUNDRED SEVENTY THOUSAND
ONE HUNDRED TWENTY FOUR United States Dollars (US $1,670,124).
6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made
should GARVER establish and CITY OF FAYETTEVILLE agree that there has been or
is to be a significant change in scope, complexity or character of the services to he
performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work
from the time period specified in the Agreement for completion of work and such
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modification warrants such adjustment. Changes, modifications or amendments in scope,
price or fees to this Contract shall not be allowed without formal contract amendment
approved by the Mayor and the City Council in advance of the change in scope, cost,
fees, or delivery schedule.
6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
Design services consistent with GARVER's normal billing schedule. Once established,
the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to he developed by
GARVER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project design schedule as the basis for
determining the value earned as the work is accomplished. Final payment for Design
services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with
the satisfactory completion of the Design phase for the Project.
6.1.2 Bidding Phase Services
For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall
pay GARVER the lump sum amount of FIFTY ONE THOUSAND SEVEN HUNDRED SIXTY TWO
United States Dollars (US S5I,762).
6.1.2.1 Subject to prior City Council approval adjustment of the lump sum amount may be made
should GARVER establish and CITY OF FAYETTEVILLE agree that there has been or
is to be a significant change in scope, complexity or character of the services to be
performed: or if CITY OF FAYETTEVILLE decides to shorten the duration of work
from the time period specified in the Agreement for completion of work and such
modification warrants such adjustment.
6.1.2.2 Monthly statements for each calendar month shall he submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
Bidding Phase services consistent with GARVER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be made in accordance with a format to be
developed by GARVER and approved by CITY OF FAYETTEVILLE. Applications for
payment shall be accompanied each month by the updated bidding services schedule as
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the basis for determining the value earned as the work is accomplished. Final payment
for Bidding Phase services shall be made upon CITY OF FAYE11EV ILLE's approval
and acceptance with the satisfactory completion of the Bidding Phase for the Project.
6.1.3 Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.4 Post -Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.5 Resident Services During Construction
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.6 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services", compensation to
GARVER shall be negotiated at the time Additional services are authorized.
6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted in electronic format
simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original
document to CITY OF FAYETTEVILLE. Statements will be based on GARVER's estimated percent of
services completed at the end of the preceding month, and justified by the updated progress schedule.
Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his
recommendations.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of GARVER's
statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF
FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise GARVER in writing of the
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basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort
to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not
guaranteed.
6.4 Final Payment
Upon satisfactory completion of the work performed under this Agreement, as a condition before final
payment under this Agreement, or as a termination settlement under this Agreement, GARVER shall
execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF
FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically
exempted by GARVER to be set forth therein. Unless otherwise provided in this Agreement or by State
law or otherwise expressly agreed to by the parties to this Agreement, final payment under this
Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF
FAYE11EVILLE's claims against GARVER or his sureties under this Agreement or applicable
performance and payment bonds, if any.
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, GARVER will maintain (in United States
Dollars) the following minimum insurance coverages:
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
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
Professional Liability Insurance 51,000,000 Each Claim
GARVER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance
within ten days of the date of this Agreement and upon each renewal of coverage.
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7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may
provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured and BURNS & McDONNELL and GARVER as additional insureds, or, to
endorse CITY OF FAYETTEVILLE, BURNS & McDONNELL and GARVER
ENGINEERS as additional insureds on construction Contractor's liability insurance policies
covering claims for personal injuries and property damage. Construction Contractors shall be
required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE,
ILLE,
BURNS & McDONNELL and GARVER. All contract insurance carriers shall he required to
list GARVER, CITY OF FAYETTEVILLE, Arkansas Soil and Water Conservation
Commission, and BURNS & McDONNELL as certificate holders, furnishing copies of the
contractor's insurance certificate to each party.
7.1.3 CITY OF FAYETTEVILLE, BURNS & McDONNF.I.L and GARVER waive all rights
against each other and their officers, directors, agents, or employees for damage covered by
property insurance during and after the completion of GARVER's services. If the services
result in a Construction Phase, a provision similar to this shall be incorporated into all
Construction Contracts entered into by CITY OF FAYETTEVILLE, and all construction
Contractors shall be required to provide waivers of subrogation in favor of CITY OF
FAYETTEVILLE, BURNS & McDONNELL and GARVER for damage or liability covered
by any construction Contractor's policy of insurance.
7.2 Professional Responsibility
7.2.1 GARVER will exercise reasonable skill, care, and diligence in the performance of
GARVER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to GARVER any defects or suspected defects in GARVER's services of which CITY
OF FAYETTEVILLE becomes aware, so that GARVER can take measures to minimize the
consequences of such a defect. CITY OF FAYETTEVILLE and GARVER further agree to
impose a similar notification requirement on all construction contractors in the Bid
Documents and shall require all subcontracts at any level to contain a like requirement.
CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any
negligence of GARVER.
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7.2.2 In addition GARVER will he responsible to CITY OF FAYETTEVILLE for damages caused
by its negligent conduct during its activities at the Project Site to the extent covered by
GARVER's Commercial General Liability and Automobile Liability Insurance policies as
specified in Paragraph 7.1.1.
7.3 Cost Opinions and Projections
Cost opinions and projections prepared by GARVER relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating results are
based on GARVER's experience, qualifications, and judgment as a design professional. Since GARVER
has no control over weather, cost and availability of labor, material and equipment, labor productivity,
construction Contractors' procedures and methods. unavoidable delays, construction Contractors'
methods of determining prices, economic conditions, competitive bidding or market conditions, and other
factors affecting such cost opinions or projections, GARVER docs not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections prepared by
GARVER.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope ofGARVER'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 President or any Vice President of
GARVER.
7.5 Termination
7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.1.2 An opportunity for consultation with the terminating party prior to termination.
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7.5.2 This Agreement may be terminated in whole or in pan in writing by CITY OF
FAYETTEVILLE for its convenience, provided that GARVER is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail. return
receipt requested) of intent to tcrminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made. but
7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
7.5.3.2 Any payment due to GARVER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because ofGARVER's default.
7.5.4 If termination for default is effected by GARVER. or if termination for convenience is
effected by CITY OF FAYE FEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to GARVER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by GARVER
relating to commitments which had become firm prior to the termination.
7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, GARVER shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by GARVER in performing this Agreement, whether
completed or in process.
7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
7.5.7 If, after termination for failure of GARVER to fulfill contractual obligations, it is determined
that GARVER had not failed to fulfill contractual obligations, the termination shall be
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deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event,
adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this
clause.
7.6 Delays
In the event the services of GARVER are suspended or delayed by CITY OF FAYETTEVILLE or by
other events beyond GARVER's reasonable control, GARVER shall he entitled to additional
compensation and time for reasonable costs incurred by GARVER in temporarily closing down or
delaying the Project.
7.7 Rights and Benefits
GARVER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for
the benefit of any other persons or entities.
7.8 Dispute Resolution
7.g. 1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and (GARVER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
GARVER in the performance of this Agreement, and disputes concerning payment.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall he stayed, upon application by either party to a coun of
proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied
with.
7.8.3 Notice of Dispute
7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice;
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give GARVER written Notice at the address listed in
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