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.
Contract -Prime Agreement-GARVER
A — 15 022403
• •
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.
Contract-Primc Agreement-GARVER
A — 16 022403
• •
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.
Contract -Prime Agreement-GARVER
A — 17 022403
• •
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
Contract -Prime Agreement-GARVER
A — 18 022403
• •
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
Contract -Prime Agreement-GARVER
A — 19 022403
Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and GARVER shall confer in an effort to resolve the dispute. If the
dispute cannot he resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of GARVER and the Mayor of CITY OF FAYETTEVILLE
or his designee. These officers shall meet at the Project Site or such other location as is
agreed upon within 30 days of the written request to resolve the dispute.
7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to GARVER for services rendered by GARVER.
7.10 Publications
Recognizing the importance of professional development on the part of GARVER's employees and the
importance ofGARVER's public relations, GARVER may prepare publications, such as technical papers,
articles for periodicals, and press releases, pertaining to GARVER's services for the Project. Such
publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF
FAYEIIEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and
provide CITY OF FAYEIIEVILLE's comments to GARVER. CITY OF FAYEIIILV ILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise CITY OF
FAYETTEVILLE will not unreasonably withhold approval. The cost of GARVER's activities pertaining
to any such publication shall he for GARVER's account.
7.11 Indemnification
7.1 1.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS &
McDONNELL, and GARVER from and against any and all loss where loss is caused or
incurred or alleged to be caused or incurred in whole or in pan as a result of the negligence or
other actionable fault of the Contractors, or their employees, agents, Subcontractors, and
Suppliers.
Contract -Prime Agreement-GARVER A -20 022403
7.12 Computer Models
GARVER may use or modify GARVER's proprietary computer models in service of CITY OF
FAYI?TI-F.VILLE under this Agreement, or GARVER may develop computer models during GARVER's
service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by
GARVER does not constitute a license to CITY OF FAYETTEVILLE to use or modify GARVER's
computer models. Said proprietary computer models shall remain the sole property of the GARVER.
CITY OF FAYETTEVILLE and GARVER will enter into a separate license agreement if CITY OF
FAYETTEVILLE wishes to use GARVER's computer models.
7.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections. estimates, specification field notes, and data are and remain the property of
CITY OF FAYETTEVILLE. GARVER may retain reproduced copies of drawings and copies of other
documents.
Engineering documents, drawings, and specifications prepared by GARVER as part of the Services shall
become the property of CITY OF FAYETTEVILLE when GARVER has been compensated for all
Services rendered, provided, however, that GARVER shall have the unrestricted right to their use.
GARVER shall, however, retain its rights in its standard drawings details, specifications, databases,
computer software, and other proprietary property. Rights to intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of GARVER.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. GARVER makes no warranty as to the compatibility of these files
with any other system or software. Because of the potential degradation of electronic medium over time,
in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the
sealed drawings/hard copies will govern.
7.14 Notices
Any Notice required under this Agreement will he in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYEIIEVILLE's address:
City of Fayetteville; Attn: Greg Boettcher
Contract -Prime Agreement-GARVER A -21 022403
I
113 West Mountain
Fayetteville, AR 72701
GARVER's address:
Garver Engineers; Attn: Brock Hoskins
3810 Front Street Suite 10
Fayetteville, AR 72703
ASWCC's address:
Project No. CS -050803-03
Arkansas Soil and Water Conservation Commission
101 E. Capitol, Suite 350
Little Rock, AR 72201
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and GARVER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Agreement and to the successors, executors,
administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as
above, neither CITY OF FAYETTEVILLE nor GARVER shall assign. sublet, or transfer his interest in
the Agreement without the written consent of the other.
7.16 Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
7.17 Entire Agreement
This Agreement represents the entire Agreement between GARVER and CITY OF FAYETTEVILLE.
relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply
to professional services, in the event CITY OF FAYETTEVILLE issues to GARVER a purchase order,
no preprinted terms thereon shall become a part of this Agreement. Said purchase order document,
whether or not signed by GARVER, shall be considered as a document for CITY OF FAYETTEVILLE's
internal management of its operations.
Contract -Prime Agreement-GARVER A - 22 022403
SECTION 8- SPECIAL CONDITIONS
K! Additional Responsibilities of GARVER:
8.1.1 CITY O1: FAYE fl'EVILLE's or Arkansas Soil and Water Conservation Commission's
(ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and
other services furnished hereunder shall not in any way relieve GARVER of responsibility for
the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's
review, approval or acceptance of. nor payment for any of the services shall be construed as a
waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
8.1.2 GARVER shall be and shall remain liable, in accordance with applicable law, for all damages
to C11Y OF FAYETTEVILLE caused by GARVER's negligent performance of any of the
services furnished under this Agreement except for errors, omissions or other deficiencies to
the extent attributable to CITY OF FAYF.V FVILLk:i or CITY OF FAYETTEVILLE-
furnished data.
8.1.3 GARVER's obligations under this clause are in addition to GARVER's other express or
implied assurances under this
Agreement or State
law and in no way
diminish any other
rights that CITY OF FAYEI1
EVILLE may have
against GARVER
for faulty materials,
equipment, or work.
8.2 Remedies
Except as
may be otherwise provided in
this Agreement,
all claims, counter -claims, disputes and other
matters in
question between CITY OF FAYETTEVILLE.
and GARVER arising out of or relating to this
Agreement or the breach thereof will be
decided in a court
of competent jurisdiction within Arkansas.
8.3 Audit: Access to Records
8.3.1 GARVER shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. GARVER shall also maintain the financial information and data used by
GARVER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
Contract -Prime Agreement-GARVER A -- 23 022403
summary submitted. The United States Environmental Protection Agency, the Comptroller
General of the United States, the United States Department of Labor, CIlY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have access to all
such books, records, documents and other evidence for the purpose of inspection, audit and
copying during normal business hours. GARVER will provide proper facilities for such
access and inspection.
8.3.2 Records under Paragraph 8.3.1 above, shall he maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal. litigation, claim or exception.
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3.3.2 Negotiated change orders or agreement amendments in excess of S 10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
8.3.3.3.1 With respect to record pertaining directly to suhagreement performance, excluding
any financial records of GARVER;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.3.3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
GARVER warrants that no person or selling agency has been employed or retained to solicit or secure
this Agreement upon an
agreement of understanding for a
commission, percentage,
brokerage or
continent fee,
excepting
berm fide employees or bona fide
established commercial
or selling agencies
Contract -Prime
Agreement-GARVER A — 24
022403
maintained by GARVIiR for the purpose of securing business. For breach or violation of this warranty,
CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its
discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
8.5 Gratuities
8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that GARVER or any of
GARVER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable
treatment in awarding, amending or making any determinations related to the performance of
this Agreement, CITY OF FAYETTEVILLE may, by written notice to GARVER terminate
this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that
the law or this Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against GARVER as it could pursue in the
event ofa breach of the Agreement by GARVER. As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs GARVER incurs in providing
any such gratuities to any such officer or employee.
8.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and sub -
consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of
Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, GARVER will do everything possible to provide the documents in a prompt and
timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.).
Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance.
Contract -Prime Agreement-GARVER A -25 022403
8.7 Debarment And Suspension
I certify that to the best of my knowledge and belief that the company that I represent and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal. State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal. State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
I understand that a false statement on this certification regarding debarment and suspension may be
grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a
false statement may result in a tine of up to $10,000 or imprisonment for up to 5 years. or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY
SIGNA
DATE:
PRINTED NAME: Brock Hoskins TITLE: Vice President
Contract -Prime Agreement-GARVER A - 26 022403
I
IN WITNESS
WHEREOF, CITY OF FAYF. I EVILLE, ARKANSAS by and
through its
Mayor, and
GARVER, by
its authorized officer have made and executed this Agreement as
of the clay
and year first
above written.
CITY OF FAYIrrrEVILLE, ARKANSAS
FAYET,E. \ By:
•
..•' . ATTEST: .9 Sp I' F ' By:
i` City Clerk
GARVER 'NGINEERS L
By:
Title: V p
Changes, modifications or amendments in scope, price or fees to this Contract shall not
be allowed
without formal
contract
amendment approved
by the Mayor and the City
Council in
advance of the
change in
scope, cost, fees, or
delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Contract -Prime Agreement-GARVER A —27 022403
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A - SCOPE OF SERVICES FOR FINAL DESIGN PHASE
This is Appendix A, consisting of seven pages, referred to in and part of the Agreement For
Professional Engineering Services between the City of Fayetteville, Arkansas (CITY OF
FAYETTEVILLE) and Garver Engineers, LLC (GARVER) dated
7-/5-03
Initial: �-
CITY OF FAYETTEVILLE
GARVER ENGINEERS, LLC
The following contains additional Scope of Services tasks for the Final Design Phase.
Generally, the project will include 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.
PART A - PROJECT ADMINISTRATION AND MANAGEMENT
A.1 Project Administration
a) Perform general project administration and management activities including project
initiation.
b) Complete agreements with subconsultants.
c) Perform internal project control including quality control, budgeting, and scheduling
activities.
A.2 Coordination and Meetings
a) Attend four-hour project kickoff meeting with CITY OF FAYETTEVILLE staff and
other consultants involved in project.
b) Attend monthly progress meetings with City Staff, Program Manager, and other
consultants throughout the design period of the Eastside Collection Improvements
(allows for 24 monthly meetings).
c) Coordinate design with other consultants to insure design will integrate with other
designs and to allow for appropriate environmental considerations.
d) Coordinate design with CITY OF FAYETTEVILLE Water and Sewer Department.
e) Prepare for and attend three public meetings.
I) Prepare for and attend four meetings with CITY OF FAYETTEVILLE Water and
Sewer Committee.
g) Prepare for and attend four CITY OF FAYETTEVILLE City Council Meetings.
h) Meet with adjacent property owners as required.
i) Furnish both preliminary and final plans to all known utility owners affected by the
project and request construction cost estimates for the required utility relocations.
Conduct coordination meetings among all known affected utility owners to enable
them to coordinate efforts for any necessary utility relocations. These coordination
meetings will take place at the CITY OF FAYETTEVILLE offices or GARVER'S
office.
Garver Engineers — City of Fayetteville Page I of 7 Appendix A
j) Meet and coordinate with Arkansas DEQ, AHTD, and ADH as necessary to obtain
permits for construction of project. A total of three meetings, one with each group, is
anticipated.
k) Coordinate with CITY OF FAYETTEVILLE Landscaping Department regarding
trees.
I) Convert drawings to new CITY OF FAYETTEVILLE CAD standards.
A.3 Value Engineering
Participate in Value Engineering (VE) Study with CITY OF FAYETTEVILLE and CITY OF
FAYETTEVILLE'S consultant. GARVER staff will participate as detailed in the Value
Engineering fee spreadsheet (part of Appendix Al) attached and will provide plan sheets and
other documents as requested by the VE team. GARVER will incorporate the final list of
accepted VE revisions into the construction documents.
PART B — SURVEYS
B,1 Surveys for Design
For the line work, GARVER will conduct field surveys consisting of cross sections at intervals
and for distances each side of the existing pipe centerline appropriate for modeling the existing
ground, including any pertinent features or improvements between sections, along the designated
route. Location of buildings and other structures, streets, drainage features, trees over eight inches
in diameter, visible utilities as well as those underground utilities marked by their owners and/or
representatives, and any other pertinent topographic features that may be present on the route,
will be located.
For the pump station sites, GARVER will conduct radial topography field surveys to locate
buildings and other structures, streets, drainage features, trees over eight inches in diameter,
visible utilities as well as those underground utilities marked by their owners and/or
representatives, and any other pertinent topographic features that may be present on the site.
Permanent control points will be established along the line routes and pump station sites utilizing
GPS methods in combination with electronic total stations and data collectors noting the
coordinates and elevations to the nearest 0.01 foot. All survey data will be tied to the CITY OF
FAYEIIEVILLE'S plane coordinate system and all elevations will be tied to the National
Geodetic Vertical Datum (NGVD) 1929.
The location of a significant part of Line 7 is not evident due to long distances between manholes
and curves in the line. The CITY OF FAYETTEVILLE wants GARVER to be responsible for
determining the horizontal location of the existing line prior to surveying it. GARVER will
subcontract with EnTech Engineering Inc., who will determine and mark the horizontal location
of the line to the extent possible and practical utilizing ground penetrating radar and/or infrared
thermography.
B.2 Property Surveys
GARVER
will
locate
existing monumentation representing right of way
and/or casements based
on record
data
which
will be provided by a subconsultant to GARVER.
GARVER will provide
Garver Engineers - City of Fayetteville Page 2 of 7 Appendix A
surveying and
mapping as required to prepare
right-of-way acquisition documents
for the City's
use.
PAR'!' C — PROPERTY ACQUISITION DOCUMENTS
Documentation will include a key map showing all affected properties and an individual tract
map with description of temporary and permanent acquisition for each property along each line
route and for each pump station site. GARVER'S fee is based on preparing permanent
acquisition documents for an estimated 60 properties and temporary casement documents for 145
properties.
PART D — DESIGN
D.1 l.inework
GARVER will design and provide construction contract documents for the linework
improvements discussed in the following paragraphs.
O.1.1 Line 4 (Parallel Gravity Sewer Service Lines alone Town Branch)
Line 4 is primarily comprised of three parallel lines located in the south part of Fayetteville
flowing east near and parallel to Town Branch and serves as a major gravity collector for several
mini -systems and other collector lines. One of these lines, the South Interceptor, is relatively new
and will remain in place. The other two parallel pipes are both clay and are undersized for the
proposed design flow. GARVER will design a new single larger diameter pipe to replace both of
the undersized old clay pipes. The size of each segment along Line 4 will correspond to the sizes
recommended in GARVER'S Preliminary Report. Within the pipe network of Line 4, over
34,000 linear feet of pipe will be abandoned and removed. The proposed improvements include
approximately 16,000 linear feet of larger diameter pipe.
D. 1.2 Line 7 (Force Main from Pump Station 21 to the Noland Plant)
This is an existing 36 -inch line, which functions as a gravity line and a force main, that transports
wastewater from the White River Basin (from Pump Station No. 21) to the Noland Plant
(approximately 25,000 feet). GARVER will design a new 48 -inch gravity line parallel to the
existing 36 -inch line, which will remain in service as a gravity -only pipe. The interceptor at the
Noland Plant will be coordinated with Black & Veatch and RJN.
D.1.3 Line 13 (Force Main from Pumo Station 13
Line 13 is located between Stonebridge Road and Highway 16 East and less than one (1) mile
east of the Highway 16E and Highway 265 intersection. LINE 13 is an 8" force main that
transports wastewater northward less than 100 feet before it connects to LINE 7. GARVER will
design a new 10 -inch force main parallel to the existing force main, which will he abandoned in
place.
O.1.4
Line
15 (Force
Main from Pump Station 15)
Line
I5 is
located in
the northeast corner of the Country
Club Estates in south Fayetteville and
Garver Engineers - City of Fayetteville Page 3 of 7 Appendix A
and transports wastewater originating from the residences in this subdivision. LINE 15 is a 4"
force main that transports wastewater southwesterly approximately 1,100 feet where it terminates
in a manhole on an existing gravity sewer line. GARVER will design a new 6 -inch force main
parallel to the existing force main, which will be abandoned in place.
D.1.5 Line 19 (Force Main from Pump Station 19)
Line 19 transports wastewater originating from part of eastern Fayetteville and from the western
part of Elkins. LINE 19 is an 8" force main that transports wastewater northward approximately
4,000 feet until the force main joins LINE 7. GARVER will design a new 16 -inch force main
parallel to the existing force main, which will be abandoned in place.
D.2 Pump Stations
D.2. I Pump Station No. 13
Pump Station No. 13 is located at 878 South Stonebridge Road near the intersection of Highway
16 and Highway 265 and pumps flow from the Crossover Road area into the 36 -inch force main
to the Paul Noland Treatment Plant. This station is the "can" type. operating at 480 volts, and
experiences problems due to inflow and infiltration during wet weather.
GARVER will design for the following improvements:
• Two new, larger capacity, 6 -in submersible pumps
• New, larger capacity discharge valves and pump header
• New, larger capacity wet well
• New control building
• New odor control equipment
• New electrical generator for backup power
• Ancillary items related to these improvements
D.2.2 Pump Station No. 14
Pump Station No. 14 is located at 1820 South Armstrong just south of the happy Hollow Pump
Station (No. 21) and pumps flow from the industrial park area to Pump Station No. 21. This
station is the "building" type, operating at 230 volts.
GARVER will design for the following improvements:
• Removal of the existing overflow line
• New odor control equipment
• New electrical generator for backup power electrical generator
• Replacement of the wet well hatches and sump
D.2.3 Pump Station No. 15
Pump Station No. 15 is located at 203 East 29" Circle on South Mountain. This station is the
"building" type and operates at 240 volts. This station experiences major problems due to old,
inadequate pumps.
GARVER will design for the following improvements:
• Two new, larger capacity, 4 -in submersible pumps
Garver Engineers — City of Fayetteville Page 4 of 7 Appendix A
• New, larger capacity discharge valves and pump header
• New, larger capacity wet well
• New electrical generator for backup power
• Ancillary items related to these improvements
D.2.4 Pump Station No. 16
Pump Station No. 16 is located at 3917 South McCollum Road near the north end of Drake Field.
This station is the "building" type, operating at 240 volts.
GARVER will design for the following improvements:
• Removal of the existing overflow line
• New odor control equipment
• New electrical generator for backup power electrical generator, and
• Replacement of the wet well hatches and sump
D.2.5 Pump Station No. IS
Pump Station No. 18 is located at 202 North Sandy (Greenland) near the south end of Drake Field
and pumps flow from the Greenland area to a gravity line which flows to Pump Station No. 16.
This station is the "can" type, operating at 240 volts.
GARVER will design for the following improvements:
• Rehabilitation of existing 4 -in pumps
• Four new magnesium anode packs
• Structural repair and refinishing
• New odor control equipment
• New electrical generator for backup power
• New sump
• Ancillary items related to these improvements
D.2.6 Pump Station No. 19
Pump Station No. 19 is located at 933 South Mallywagnon Road and pumps flow from the
Highway 16/Lake Sequoyah Drive area to the 36 -inch force main to the Paul Noland Treatment
Plant. This station is a "can" type, operating at 240 volts.
GARVER will design for the following improvements:
• Two new, larger capacity, 8 -in submersible pumps
• New, larger capacity discharge valves and pump header
• New, larger capacity wet well
• New control building
• New odor control equipment
New electrical generator for backup power
Ancillary items related to these improvements
D.2.7 Pump Station No. 21 (Happy Hollow Pump Station)
Pump
Station No.
21 is located at 1687
Happy hollow Road.
The pump station currently has
Garver
Engineers -
City of Fayetteville
Page 5 of 7
Appendix A
fl
submersible centrifugal pumps in a wet -pit configuration but can also utilize gravity flow during
low flow conditions. This pump station serves the industrial park area as well as the remaining
pump stations and sewers in the White River drainage basin area and pumps flow in a 36 -inch
line to the Paul Noland Treatment Plant. This station operates at 490 volts and experiences
overflow problems.
This station will be taken out of service. GARVER will design for the following improvements:
• Demolishing, filling, capping, and abandoning the existing pump station structures,
except for the flow splitting channel in the existing wet well structure
• A new weir or other structure for both the proposed gravity line and the existing 36 -in
line
D.3 General
GARVER will accomplish the following
I. Utilize City -provided front end construction contract documents and Division I
specifications.
2. Provide remaining Division 2 through 16 specifications.
3. Utilize City -provided drafting and design standards and criteria.
4. Coordinate with RJN Group regarding odor control measures to be installed in the East
and West Collection Systems and make every practical effort to utilize consistent
equipment, materials, methods, etc.
5. Prepare an opinion of probable construction cost for each project and update the cost
opinion at the time of receipt of bids for each project.
6. Collect information for and prepare and submit applications for City construction
permits.
7. Provide pump characteristics and specifications for large pumping units to Bums &
McDonnell for possible advance purchase and assignment to construction contractors.
Include in bidding documents instructions for shipping, receiving, unloading, handling,
storage, installation, warranty, and startup for pumping units.
8. Provide shop drawing review and approval, plant testing, field acceptance, and
manufacturer's field services for pre -purchased pumping units.
9. Provide proposed architectural treatments and finishes to CITY OF FAYETTEVILLE
for approval.
10. Submit to CITY OF FAYETTEVILLE, for I3ums & McDonnell review and comment,
five copies of work to date for each design review milestone as listed in Section 6.1.1.2
of the Agreement for each project. For the comments accepted by the CITY OF
FAYETTEVILLE, incorporate into bidding documents.
II. Furnish to Bums & McDonnell a list of eligible tax exempt equipment for each project
for certification as described in ASWCC RLF-53 (R-7/01).
The following responsibilities are excluded from GARVER'S scope of work under this
agreement:
I. Redesign for the CITY OF FAYETTEVILLE'S
conditions, after receiving approval of the design fron
2. Design of any utilities relocation other than water and
3. Wetlands identification, compensatory mitigation
historically significant items.
4. SCADA design.
convenience or due to changed
the CITY OF FAYETTEVILLE.
sewer.
design, or any work related to
Garver Engineers - City of Fayetteville Page 6 of 7 Appendix A
PART E - PHASING AND SCHEDULE
E.1 Phasing
The work will be accomplished in four phases (projects) to allow for four separate construction
contracts, as described below (and in the following sequence).
I. Phase I - Pump Stations 13, 15, 19, and associated force mains
2. Phase 2 - Line 7 and Pump Station 21
3. Phase 3 - Line 4
4. Phase 4 -Pump Stations 14, 16, IS
E.2 Schedule
GARVER will begin work under this Agreement within ten days of written authorization and
complete the work in accordance with the terms of the agreement.
PART F — SUBCONTRACTING
GARVER has made agreements with Grubbs, Hoskyn, Barton, & Wyatt for geotechnical
investigations and with Washington County Abstract for property record research. GARVER has
made agreements with Holloway, Updike & Bellen; and Gore Engineering and Land Surveying
for potential surveying work. The subcontracted surveying work will be provided only on an "as
directed" basis in an effort to expedite the work, as deemed appropriate by GARVER.
GARVER has also made an agreement with EnTech Engineering Inc. fix locating portions of
Line 7 prior to surveying it.
PART' G — FEES
A breakdown of CARVER'S fees is included in Appendix Al. An attempt has been made to
estimate the escalation of CARVER'S staff salaries, overhead, and other costs in accordance with
the anticipated times for performance of the work as indicated in the schedule, and these costs are
included in the fees proposed herein.
Garver Engineers - City of Fayetteville Page 7 of 7 Appendix A
n
11
APPENDIX Al
CITY OF FAYETTEVILLE
EAST WASTEWATER COLLECTION SYSTEM IMPROVEMENTS
FEE SUMMARY - DESIGN PHASE
Phase 1 - Pump Stations 13, 15, and 19 and associated force main improvements
Design & Property Surveys $48,926
Property Acquisition Documents $32,322
Preliminary Design $133,011
Final Design $139,363
Total $353,622
Phase 2- Line 7, Pump Station 21
Design & Property Surveys $68,898
Property Acquisition Documents $43,795
Preliminary Design $152,757
Final Design $208,053
Total $473,503
Phase 3- Line 4
Design & Property Surveys $63,844
Property Acquisition Documents $29,478
Preliminary Design $140,846
Final Design $162,287
Total $396,456
Phase 4 -Pump Stations 14, 16 & 18
Design & Property Surveys $16,705
Property Acquisition Documents $0
Preliminary Design $58,896
Final Design $63,307
Total $138,909
Geotechnical Investigations $42,225
Property Record Research (Abstractor) $15,000
Locator Service (Line 7) $69,729
Project Administration/ManagemenWE Study $180,680
Sales Tax $0
DESIGN PHASE LUMP SUM FEE $1,670,124
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX B - SCOPE OF SERVICES FOR BIDDING PHASE
This is Appendix B, consisting of one page, referred to in and part of the Agreement For
Professional Engineering Services between the City of Fayetteville, Arkansas (CITY OF
FAYETTEVILLE) and Garver Engineers, LLC (GARVER) dated
Initial:
CITY OF FAYETTEVILLE
GARVER ENGINEERS, LLC
The following is the Scope of Services for the Bidding Phase.
During the "Bidding Services" phase of the project, GARVER will dispense construction contract
documents to prospective bidders (at the approximate cost of reproduction and handling), support
the contract documents by preparing addenda as appropriate, participate in a pre -bid meeting,
attend the bid opening, prepare bid tabulation, evaluate bids, recommend award, prepare
construction contracts, and issue a Notice to Proceed letter to the Contractor. GARVER will also
attend a Water and Sewer Committee Meeting and the ensuing City Council Meeting. These
services will be provided for four separate construction contracts.
A breakdown of GARVER'S fee is included in attached Appendix 81, and a schedule is included
in Appendix A2.
Garver Engineers - City of Fayetteville Page I of I Appendix B
0 •
NAME OF FILE: Resolution No. 110-03 w/Agreement
CROSS REFERENCE:
Item # Date Document
06/03/03 Staff Review Form w/attachments
memo to City Council
draft resolution
2 07/30/03 memo to Greg Boettcher
NOTES:
•
MICROFILMED
7'/7/ot/
�Mdco(
rvtr FN5 /4S No. 1/
lvo y+,zis er
,( kco. 110-o3
MEMORANDUM
Water and Wastewater Department July 6, 2004
TO: Mayor Dan Coody
COPY: Hugh Earnest, David Jurgens
Sondra Smith, Jerry Sonderegger 1 4'
FROM: Greg Boettcher
Water and Wastewater Director
SUBJECT: Wastewater System Improvement Project
Amendment No. 1 -July 15, 2003 Agreement
East Wastewater Collection System Improvements
Attached please find four copies of Amendment No. 1 to the July
15, 2003 contract with Garver Engineers. This contract amendment
covers three design concept refinements that have evolved with the
final design of the project. This contract amendment does not change
the amount of compensation or the time of performance; nor do the
changes represent a material change in scope. Review of this
amendment with the City Attorney has confirmed that this document
does not require approval from the City Council. These types of
changes are usual and customary as the project progresses from
preliminary design to final design.
The changes are generally noted as follows:
PUMP STATION 15 -The upgrading of the country Club lift
station has been abandoned in favor of a gravity sewer main
extension to the east to a gravity interceptor near Morningside
PUMP STATION 13 -The conversion of the 36 -inch line to
Noland Wastewater to gravity flow allows division of a portion of
pump station 13's flow to the gravity line, decreasing the costs
for station 13 improvements
PUMP STATION 19-A new station site was acquired for the
Mally Wagnon pump station, allowing more economical
construction of the facility on a Greenfield site further removed
from flooding
In essence, Amendment No. 1 to the Graver contract is a
housekeeping item to maintain consistency between design contract
scope and content of final drawings.
Please sign and return all four copies to me for distribution.
2
Garver Engineers, LLC
3810 Front Street. Sure 10
Fayettevd:e. Arkansas 72703
479-5279100
FAX 479.527.9101
wwv, garvorenginee's Corn
February 6, 2004
Mr. Greg Boettcher, P.E.
Water and Wastewater Director
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
GARVER; ENGINEERS
Re: Professional Engineering Services Agreement — Amendment No. I
East Wastewater Collection System Improvements
Garver Project No. 0296-3000
Dear Greg:
As directed, the purpose of this Amendment No. I is to amend the scope of services in our original
professional engineering services agreement dated July 15, 2003 for the East Wastewater Collection
System Improvements. We have considered the work deleted, the work added, and the work
accomplished but no longer needed, and are not proposing any changes in fees with this Amendment
No. 1. The scope of services changes are described below.
Pump Station 15/Line 15
As directed, no improvements will be designed for Pump Station 15 or Line 15, the force main from
Pump Station 15. Pump Station 15 and Line 15 will be abandoned, and a new gravity line will be
designed from Pump Station 15 approximately 3,000 feet cast to an existing gravity line along
Morningside Drive. The City will give Garver direction regarding the alignment and tie-in location
on the existing line. Garver will not be required to accomplish any modeling of the existing system.
Garver will prepare construction plans, without specifications or other construction contract
documents, for the proposed gravity Line 15, but will not incorporate these plans into any of the four
construction contracts planned under the original professional engineering services agreement.
Garver will also prepare acquisition documents along the gravity Line 15 alignment.
Pump Station 13/Line 13
Implementing a VE recommendation has allowed us to remove the majority of the flow to this station
by discharging it into Line 7. This will require reconstructing a small segment of Line 2 (see PDR for
location of Line 2). Pump Station 13 improvements will change to allow for a smaller design flow,
and the existing force main will remain in -place.
Previously, we discussed with you the possibility of delaying the construction of Pump Station 13
until after the completion of Line 7 and the diversion of flows from Line 2 to Line 7 (a delay of 18 to
24 months). Since, as we understand, the City prefers to maintain the original schedule and based on
your direction, we have developed a scheme whereby the station can be designed to handle existing
flows, estimated at 600 gpm, and expected flows after Line 2 flows are diverted to Line 7, estimated
at 210 gpm.
Fayettev l!e. AR • Huntsville. AL • Jackson MS • Little Rock. AR • Nashv.l'e. TN • Topeka. KS • T..Isa. OK
Mr. Greg Boettcher
Amendment No, I
February 6, 2004
Page 2 of 2
Pump Station 19/Line 19
As directed, we arc proceeding with design of Pump Station 19 at an alternate site just across Mally
Wagnon Road from the existing site. We will also reduce the magnitude of improvements to the
pump station and force main to accommodate the 2020 flows instead of the 2050 flows (as indicated
in our original agreement and PDR) in accordance with your direction after review of our 30% plans.
Line 7
Line 7 will he designed as a 42 -inch, instead of a 48 -inch, gravity line generally parallel to the
existing 36 -inch line, except where conditions dictate otherwise.
Please indicate your approval of this amendment by signing in the space provided below. Please call
me with any questions. Thank you.
Sincerely,
Garver Engineers Approved by:
Title:
rock E. Ilosk ns, P.E. Date:
Vice President/Project Manager
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Greg Boettcher
Water & Wastewater Director
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: July 9, 2004
Re: Garver Engineers
I have attached three originals of Amendment No. I to Garver Engineers' contract of July 15, 2003. The
contract will be filed with the original contract, recorded in the city clerk's office and microfilmed.
If anything else is needed please let the clerk's office know. "thanks.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
X AGENDA REQUEST •
CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
For the Fayetteville City Council Meeting of:
FROM:
C
P45
(] /1O
Bc_ IS t ✓RY b gIMttS
Jule -t0, 2003
Greg Boettcher Water/Wastewater Water/Wastewater
Name Division Department
ACTION REQUIRED: Approve a contract with Garver Engineers of Fayetteville, AR for the design and bidding of
the East Pipelines and Pump Stations portion of the Watewater System Improvements Project, said contract
providing for a lump sum means of compensation with a contract amount of $1,721,886.00.
COST TO CITY:
$1,721,886.00 $ 48,202,040.00 Water/Wastewater
Cost of this request - Program Category / Project Name
4480.9480.5315 $ 13,046.00 Wastewater System Improvemnts
Account Number Funds Used to Date Program / Project Category Name
02133-0301 $ 48,188,994.00 Sales Tax/Wastewater
Project Number Remaining Balance Fund Name
BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached
to
Budget Manager Date
CONTRACT/GRANT/LEASE REVIEW:
'S'- Ya3
Accz
ng Man r Date Internal Au itor Date
or eey Date Purchasing Manager Date
STAFF RECOMMENDATION
Divisio Head Date
Gr2g:Z
Dep tment Director Date
Finance Internal Services Dir. Internal Services Date
Q Orig. Contract Number
Chic dminis -alive Officer Dat
Mayor Date
New Item: Yes
Previous Ord/Res#:
Orig. Contract Date
Rec'd in a orp '
Office
No Jl`
Description
Staff Review Form - Page 2
Meeting Date
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
Reference Comments:
FA YETTEVILLE
THE CITY OF FAYE7TEVILLE, ARKANSAS
WATER AND WASTEWATER DIVISION
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Council
FROM: Greg Boettcher, P.E.
Water & Wastewater Director
THRU: Dan Coody, Mayor of Fayetteville
Hugh Earnest, Chief Administrative Officer
DATE: July 10, 2003
RE: WASTEWATER SYSTEM IMPROVEMENT PROJECT
Garver Engineers
East Pipe Lines and Pump Stations
Design/Bidding Phase Service Contract
BACKGROUND
The citizens of Fayetteville have approved a S 125 million sales tax bond issue to address
the capital costs for a critically -needed wastewater system improvement project. The
passage of this'/. -cent sales tax enabled low-cost, accelerated financing for said project,
scaling back customer rate impact from 134% to 38%. Since passage of the sales tax in
late 2001, the City Administration, consultants and regulators have completed a number
of funding, environmental, procedural and program functions; finalizing the preliminary
design phase of the wastewater system improvement project. Activities that have been
completed during such time period include:
• Secure technical approvals of engineering concepts
• Complete Cultural Resource Surveys as required by Arkansas' State Historic
Preservation Officer
■ Solidify financing arrangements using a combination of SRF and private funding
• Develop an integrated program for this large capital improvement project,
including:
✓ selection of program manager
✓ development of standard project bidding materials
✓ creation of an integrated construction program bringing together the multiple
consultants, projects and needs
✓ acceleration of project construction by incorporating a prioritized, segmented
approach that anticipates 13 bidding packages
Development of a standard professional services agreement
Capitalization on cost -saving opportunities that have substantial financial benefits
✓ Broyles Road Analysis
V Outfall Line Assessment
✓ Future benefits of team design, peer reviews, operations involvement,
constructability critiques, program management and value engineering
Negotiation of professional service agreements with the engineering/program
management consultants that have explicit scopes of work, exacting performance
schedules, and defined compensation.
DISCUSSION
The Fayetteville City Council, at a special meeting on July 8, 2003 placed the negotiated
professional service agreements on the City Council Agenda. The attached contract with
Garver Engineers, relates to design and bidding phase services for the East Pipelines and
Pump Stations component of this wastewater improvement program, the specifics of this
contract being summarized as follows:
CORE ELEMENTS -(I) 8 miles of
16 -inch
to 48 -inch gravity sewer line, (2) one
mile of force main, (3) lift station upgrades,
and (4)
division of work into
four contracts.
COMPENSATION- $1,721,886.00
The design and bidding phase services set forth in the proposed agreement are associated
with the Fayetteville Vision 2020 Guiding Principles listed below:
1. Naturally Beautiful City: Our Mountains and Hills, Our Creeks, Our Open
Greenspaces
2. Well maintained City Infrastructure and Facilities
The completion of the west side wastewater treatment plant and associated improvements
are necessary for the targeted benefits of the wastewater system improvement program to
be realized; therefore, the contract approval is integral to the maintenance of
infrastructure and facilities.
RECOMMENDATIONS
To provide the proper and responsible management of the Fayetteville Wastewater
System, the City Administration recommends that the Fayetteville City Council approve
a contract with Garver Engineers for $1,721,886.00 to design the predicted 514.7 million
of project construction. This activity was reviewed and approved by the Fayetteville
Water and Sewer Committee on June 5, 2003.
C
RESOLUTION NO.
A RESOLUTION TO APPROVE AN ENGINEERING
CONTRACT WITH GARVER ENGINEERS, LLC IN
TI IE 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 150, day of July, 2003.
ATTEST:
By:
Sondra Smith, City Clerk
APPROVED: r
By:
DAN COODY, Mayor
Contract Information
was included in the
Design Contracts Manual
Dated June 10, 2003.
Copies are available in the
City Clerk's Office
FAYETTEV&LE �
THE CITY Of PAYRTFVILLL ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Greg Boettcher
Water & Wastewater
From: Clarice Buffalohead-Pearman 04
City Clerk's Division
Date: 7/30/2003
Re: Resolution Nos. 101-03, 108-03 thru 112-03
Attached are copies of the above resolutions passed July 15, 2003, by the City Council for the
wastewater treatment plants Also attached are executed agreements signed by the mayor and
city clerk as follows:
1. Res. No. 101-03: two original copies of the agreement with CH2M Hill, Inc.
2. Res. No. 108-03: two original copies of the agreement with Black & Veatch Corporation.
3. Res. No. 109-03: one original copy of the agreement with Bums & McDonnell
Engineering Company, Inc.
4. Res, No. 110-03: two original copies of the agreement with Garver Engineers, LLC.
5. Res. No. 111-03: two original copies of the agreement with McGoodwin, Williams and
Yates, Inc.. Appendix A-1 has a form for LSD uncompleted. Appendix A-1, page 14 and
page 15 have forms that need to be completed and signed by the landscape
administrator. I assume that the city is not to this phase as of yet. Please return a copy
of these pages to the city clerk's office for filing when this process is completed. Thank
you in advance for your cooperation.
6. Res. No. 112-03: two copies of the agreement with RJN Group, Inc.
These resolutions along with the Exhibit As will be recorded in the city clerk's office and
microfilmed. If anything else is needed please let the city clerk's office know.
/cbp
Attachment(s)
cc: Nancy Smith, Internal Auditor