HomeMy WebLinkAbout181-03 RESOLUTION•
RESOLUTION NO. 181-03
A RESOLUTION APPROVING A CONTRACT IN THE AMOUN1
OF SIXTY-EIGHT THOUSAND .EHREE HUNDRED DOLLARS
($68,300.00) WITH GARVER ENGINEERS, LLC FOR
ENGINEERING SERVICES RELATING TO THE MOUNT
SEQUOYAH WATER AND SEWER IMPROVEMENTS PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
FAYETTEVILLE, ARKANSAS:
OF
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Contract in the amount of Sixty -Eight Thousand Three
Hundred Dollars (568,300.00) with Garver Engineers, LLC for engineering
services relating to the Mount Sequoyahnwater and sewer Improvements Project.
A copy of the Contract, marked Exhibit "A" is attached hereto and made a part
hereof.
PASSED and APPROVED this 2nd day of December, 2003.
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By: %la ���
SONDRA SMITH, City Clerk
APPROVED:
By:
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER ENGINEERS, LLC
THIS AGREEMENT is made as of bp p o mk A , 2003, by and between City of
Fayetteville, Arkansas, acting by and through 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 Water and Wastewater System, and in particular engineering and surveying services
related to improvements to specific water and sewer lines in the Mount Sequoyah arca as described and
shown in Appendix A. Therethre. CITY OF FAYETTEVILLE. and GARVER in consideration of their
mutual covenants agree as follows:
GARVER shall serve as CITY OF FAYE11EVILLE'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 be performed under
the direction of a professional engineer registered in the State of Arkansas and qualified in the particular
field. If Construction Phase Services are to be provided by GARVER under this Agreement, the
construction shall be executed under the observation of a professional engineer registered in the State of
Arkansas in accordance with Arkansas Code Amended §22-9-101.
SECTION 1 - AUTHORIZATION OF SERVICES
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 I3asic 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
Contract — Prime Agreement
GARVER — CITY OF FAYETTEVILLE
I of 23 Mt. Sequoyah Water and Sewer Improvements
• •
Mayor and the City Council in advance of the change in scope, costs, fees, or
delivery schedule.
SECTION 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 surveying services incidental thereto.
2.1.1.1 The Scope of Services to be furnished by GARVER during the Study 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 Design Phase is partly
included in Section 2.3 hereafter and will be negotiated in full and added by an
amendment to this agreement after completion of the Study Phase. Additional scope of
services will be described in Appendix B.
2.1.1.3 The Scope of Services to be furnished by GARVER during the Bidding Phase is partly
included in Section 2.4 hereafter and will be negotiated in full and added by an
amendment to this agreement after completion of the Study Phase. Additional scope of
services will be described in Appendix B.
2.1.1.4 The Scope of Services to be furnished by GARVER during the Construction Phase is
partly included in Section 2.5 hereafter and will be negotiated in full and added by an
amendment to this agreement after completion of the Study Phase. Additional scope of
services will be described in Appendix B.
2.1.1.5 Execution of this agreement will authorize the Engineer to proceed only with the
Study Phase. The scope of services and fees for the Design Phase, Bidding Phase,
and Construction Phase will be added to this agreement by a future amendment
approved by the City Council.
Contract - Prime Agreement
GARVER - CITY OF FAYETTEV ILLE
2 of 23 Mt. Sequoyah Water and Sewer Improvements
2.2 Study Phase
2.2.1 GARVER will provide field investigations, consider improvement alternatives, prepare
conceptual drawings, prepare a report with prioritized recommendations and opinion of
probable construction cost and coordinate with the CITY OF FAYETTEVILLE as
appropriate.
2.2.2 See Appendix A for additional services or clarification of services to he provided by
GARVER.
2.3 Design Phase
2.3.1 GARVER will prepare for incorporation in the Contract Documents detailed drawings to
show the character and scope of the Work to be performed by contractors on the Project
(hereinafter called the "Contract Drawings"), and invitation to Bid, Instructions to Bidders,
Bid Form, Agreement 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.
2.3.1.1 Bid documents shall he based on Construction Specifications Institute (CSI) Master
Format and Section Format, unless otherwise approved, and shall incorporate CITY OF
FAYETTEVILLE's standard general conditions and forms. Bid 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 CARD 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 Autodesks' AutoCAD version 2000 or later.
2.3.1.2 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 he 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
Contract Prime Agreement
GARVER — CITY OF FAYETTEVILLE
3 of 23 Mt. Sequoyah Water and Sewer Improvements
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services by CITY OF FAYF rrEV ILLE's consultants, and review and approval times
required by public authorities having jurisdiction over the Project. 'Fills schedule shall he
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.
2.3.1.2.1 The progress design schedule shall consist ofa bar chart schedule depicting the
duration of each phase of services.
2.3.1.3 When requested by the CITY OF FAYE FTEV ILLE's City Engineer, prepare for and
attend up to two City Council meetings to provide periodic updates on the progress of the
design.
2.3.1.4 If the plans and specifications for the project require bids on alternates 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.
2.3.2 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. Actual Filing and Permit Fees will be paid by the CITY OF
FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate
authorities.
2.3.2.1 Arkansas Department of Health (AHD)
2.3.2.2 U.S. Army Corps of Engineers (COE)
2.3.2.3 ADEQ
2.3.3 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.
Contract- Prime Agreement
GARVER — CITY OF FAYETTEVILLE
4 of 23 Mt. Sequoyah \Vater and Sewer Improvements
• •
2.3.4 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.
2.3.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents.
2.3.6 Determine land and ease nent requirements and provide consultation and assistance on
property procurement as related to professional engineering services being performed.
2.3.7 Provide appropriate professional interpretations of data, geotechnical investigations, core
boxings, 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, casement, right-of-way,
topographic, and utility surveys; noting zoning and deed restrictions.
2.3.7.1 Fully disclose all subcontract agreements including the name and address of the
subconsultant, the scope of services to he provided, and the value of the subcontract
agreement.
2.3.7.2 Incorporate into all subcontract agreements for planning and design engineering services
the applicable milestone dates from the performance schedule contained in Appendix B,
which will he added with a future amendment to this agreement.
2.3.8 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF
FAYETTEVILLE shall designate, at the applicable completion levels outlined in Appendix
13, which will be added with a future amendment to this agreement.
2.3.9 See Appendix B, which will he added with a future amendment to this agreement, for
additional services or clarification of services to be provided by GARVER.
2.4 Bidding Phase
2.4.1 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. The legal notice to be placed in legal notices section ofa local
newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY
OF FAYETTEVILLE purchasing agent and an affidavit of publication secured.
Contract - Prime Agreement
GARVER — CITY OF FAYETTEVILLE
5 of 23 Mt. Sequoyah Water and Sewer Improvements
• •
2.4.2 Prepare addenda for drawings and Bid Documents as required and submit to CITY OF
FAYETTEVILLE in timely manner such that addenda can be issued by GARVER in
accordance with Construction Contract General Conditions.
2.4.3 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
2.4.4 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 kidders an appropriate non-refundable fee to offset cost of reproducing and
distributing Bidding Documents.
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2.4.4.1 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.
2.4.5 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts.
2.4.6 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.
2.4.7 Make recommendations regarding award of construction contracts.
2.4.8 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 make an informed decision
on the action recommended.
2.4.9 Sec Appendix B, which will be added with a future amendment to this agreement, for
additional services or clarification of services to be provided by GARVER.
Contract — Prime Agreement
GARVER — CITY OF FAYETTEVILLE
6 of 23 Mt. Sequoyah Water and Sewer Improvements
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2.5 Construction Phase
2.5.1 The scope of Construction Phase Services will be described in detail in Appendix 13, which
will be added with a future amendment to this agreement.
SECTION 3 - AI)DITIONAI. 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.
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 FAYETlEV ILLE'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 FAYFTTEVILLE.
3.1.6 Preparing to serve or serving as a witness for CITY OF FAYEITIiVILLIi in any litigation or
other proceeding involving the Project.
Contract — Prime Agreement
GARVER — CITY OF FAYETTEVII.LE
7 of 23 Mt. Sequoyah Water and Sewer Improvements
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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
FAYF. rTFVILLE and request a formal contract amendment approved by the Mayor and the
City Council prior to commencing such services. If CITY OF FAYETTEVILLE EVILLE 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 Services 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 are:
3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's program or Project Budget.
3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYE FIEVILLL shall, within a reasonable time. so as not to delay the services of GARVER:
4.1 Provide full information as to CITY OF FAYFTTFVILLE's requirements for the Project.
4.2 Assist CARVER by placing at (iARVER'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.
Contract - Prime Agreement
GARVER — CITY OF FAYETTEVILLE
8 of 23 Mt. Sequoyah Water and Sewer Improvements
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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.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications.
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 FAYETTEVILLF. shall provide copies of such
documents tbr 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.
SEC I ION 5 - PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
Contract - Prime Agreement
GARVER - CITY OF FAYETTEVILLE
9 of 23 Mt. Sequoyah Water and Sewer Improvements
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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 are to be completed.
SECTION 6 - PAYMENTS TO GARVER
6.1 Compensation
6.1.1 Study Phase Services
For the Scope of Services during the Study Phase described herein, CITY OF FAYE l l EVILLE shall pay
GARVER the lump sum amount of SIXTY EIGHT THOUSAND THREE HUNDRED United States
Dollars (US S68,300).
6.1.2 Design Phase Services
For the Scope of Services during the Design Phase described herein, CITY OF FAYETTEVILLE shall
pay GARVER an amount to be negotiated after completion of the Study Phase.
6.1.3 Bidding Phase Services
For the Scope of Services during the Bidding Phase described herein, CITY OF PAYE ITEVILLE shall
pay GARVER an amount to be negotiated after completion of the Study Phase.
6.1.4 Construction Phase Services
For the Scope of Services during the Construction Phase descrihed herein, CITY OF FAYETTEVILLE
shall pay GARVER an amount to be negotiated after completion of the Study Phase.
6.1.5 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services", compensation to
GARVER shall he negotiated at the time Additional services are authorized.
Contract Prinic Agreement
GARVER - CITY OF FAYETTEVILLE
10 of 23 ML Seyuoyah Water and Sewer Improvements
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6.2 Statements
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 fitrmat to be
developed by GARVER and approved by CITY OF FAYETTEVILLE.. Statements will be based on
GARVER's estimated percent of services completed at the end of the preceding month.
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
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
FAYETTEVILLE's claims against GARVER or his sureties under this Agreement or applicable
performance and payment bonds, if any. Final payment for each phase of services shall be made upon
CITY OF FAYETTEV ILLE's approval and acceptance with the satisfactory completion of each phase for
the Project.
6.5 Fee Changes
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
Contract - Prime Agreement
GARVER - CITY OF FAYETTEVILLE
I I of 23 Mt. Sequoyah Water and Sewer Improvements
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 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.
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 S500,000 Each Accident
Commercial General Liability
I3odily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
S1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
Professional Liability insurance $1,000,000 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.
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 GARVER as additional insureds, or, to endorse CITY OF
FAYETTEVILLE and GARVER ENGINEERS as additional insureds on construction
Contractor's liability insurance policies covering claims for personal injuries and property
damage. Construction Contractors shall he required to provide certificates evidencing such
insurance to CITY OF FAYETTEVILLE and GARVER. All contract insurance carriers shall
be required to list GARVER and CITY OF FAYETTEVILLE as certificate holders,
furnishing copies of the contractor's insurance certificate to each party.
Contract - Prime Agreement
CARVER — CITY OF FAYETTEVILLE
12 of 23 Mt. Sequoyah Water and Sewer Improvements
7.1.3 CITY OF FAYETTEVILLE 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. 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 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
repon 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 FAYF"ITEVILLE 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.
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 does not guarantee that actual rates, costs,
Contract - Prime Agreement
GARVER — CITY OF FAYETTEVILLE
13 of 23 Mt. Sequoyah Water and Sewer Improvements
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 of GARVER'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.
7.5.2 This Agreement may be terminated in whole or in part 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 terminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 if termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided 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 of GARVER's default.
Contract - Prime Agreement
GARVER - CITY OF FAYETTEVILLE
14 of 23 Mt. Sequoyah Water and Sewer Improvements
7.5.4 If termination for default is effected by GARVER, or if termination for convenience is
effected by CFFY OF FAYI ITEV ILLS, 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
deemed to have been for the convenience of CITY OF FAYEITEVILLE. 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 FAYI':ITEVILLE or by
other events beyond GARVER's reasonable control. GARVER shall be 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.
Contract - 1'rime Agreement
GARVER — CITY OF FAYETTEVILLE
15 of 23 Mt. Sequoyah Water and Sewer Improvements
• •
7.8 Dispute Resolution
7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and 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. hut an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied
with.
7.8.3 Notice of Dispute
7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice;
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETrEVILLIt shall give GARVER written Notice at the address listed in
Paragraph 714 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 be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of CARVER 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 CARVER.
Contract — Prime Agreement
GARVER - CITY OF FAYETTEVILLE
16 of 23 Mt. Sequoyah Water and Sewer Improvements
7.10 Publications
Recognizing the importance of professional development on the part of GARVER's employees and the
importance of GARVER'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
FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and
provide CTFY OF FAYETTEVILLE's comments to GARVER. CITY OF FAYETTEVILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise CITY OF
FAYETTEVILLE will not unreasonably withhold approval. The cost of 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 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 part as a result of the negligence or other actionable fault of the Contractors. or
their employees, agents, Subcontractors, and Suppliers.
7.12 Computer Models
GARVER may use or modify GARVER's proprietary computer models in service of CITY OF
FAYETTEVILLE 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 CARVER'S computer models.
7.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CARD
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.
Contract - Prime Agreement
GARVER — CITY OF FAYETTEVILLE
17 of 23 Mt. Scquoyah Water and Sewer Improvements
• •
Engineering documents, drawings, and specifications prepared by GARVER as part of the Services shall
become the property of CFFY 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.I4 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
City of Fayetteville; Attn: Gary Coover
113 West Mountain
Fayetteville, AR 72701
GAR V ER's address:
Garver Engineers; Attn: Brock Hoskins
3/410 Front Street, Suite 10
Fayetteville, AR 72703
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.
Contract — Prime Agreement
GARVER — CITY OF FAYEITEVILLE
18 of 23 Mt. Scquoyah Water and Sewer Improvements
• •
7.16 Controlling Law
This Agreement shall he 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.
SEC'T'ION 8 - SPECIAI. CONDITIONS
8.1 Additional Responsibilities of GARVER:
8.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
GARVER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall he 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 CITY 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 FAYETTEVILLE or CITY OF FAYETTEVILLE-
furnished data.
8.1.3 GARVER's obligations under this clause arc 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 FAYETTEVILLE may have against GARVER for faulty materials,
equipment, or work.
Contract — Prime Agreement
GARVER - CITY OF FAYETTEVILLE
19 of 23 Mt. Sequoyah Water and Sewer Improvements
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
summary submitted. The United States Environmental Protection Agency. the Comptroller
General of the United States, the United States Department of Labor, CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have access to all
such books, records, documents and other evidence for the purpose of inspection, audit and
copying during normal business hours. 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 he maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
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
Contract - Prime Agreement 20 of 23 Mt. Sequoyah Water and Sewer Improvements
GARVER - CITY OF FAYETTEVILLE
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 subagreement performance, excluding
any financial records of CARVER;
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 bona fide employees or bona fide established commercial or selling agencies
maintained by GARVER 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 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 of a breach of the Agreement by GARVER. As a penalty, in addition to any other
damages to which it maybe entitled by law, CITY OF FAYETTEVILLE may pursue
Contract Prime Agreement 21 of 23 Mt. Sequoyah Water and Sewer Improvements
GARVER - CITY OF FAYETTEVILLE
S
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall he 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.G 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
FAYETTEV ILLE, 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 he assessed for this compliance.
8.7 Debarment And Suspension
I certify that to the best of my knowledge and belief that the company that I represent and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(h) 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
Contract - Prime Agreement 22 of 23 Mt. Sequoyah Water and Sewer Improvements
GARVER — CITY OF FAYETTEVILLE
false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY
SIGNATURE: DATE: IN 7' D3
PRINTED NAME: Brock Hoskins TITLE: Vice President
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
GARVER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
U
CITY O
By:
Al l ES'
By:
GARVER E GINEER' L
By: Title: VP
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 23 of 23 Mt. Sequoyah Water and Sewer Improvements
GARVER — CITY OF FAYETTEVILLE
CITY OF FAVE'l-FEVII.IE
AGREEMENT FOR ENGINEERING SERVICES
MOUNT SEQUOYAH AREA WATER ANI) SEWER IMPROVEMENTS
APPENDIX A-1 - SCOPE OF SERVICES - STUDY PHASE
This is Appendix A-1, consisting of three pages, referred to in and pan of the Agreement For
Professional Engineering Services between the City of Fayetteville, Arkansas (CITY OF
FAYETTEVILLE) and Garver Engineers, LLC (CARVER) dated z(,I y2_xraOO%
Initial:
CITY OF FAYETTEVILLE _
GARVER ENGINEERS, LLC
This project will involve replacement of approximately 16,000 linear feet of waterline and 9,000
linear feet of sewer line in the Mount Sequoyah area as shown by the project boundary in Appendix
C. The goals for the improvements include:
I. Relocating all water and sewer lines that are currently near or under houses.
2. Providing appropriate capacity requirements, particularly for fire protection.
3. Providing water and sewer lines that are in good condition and that are in maintainable
locations, as directed by the Water and Sewer Department.
4. Establishing legal service lines in accordance with CITY OF FAYETTEVILLE requirements.
5. Demolishing and removing two abandoned pump station structures.
The following contains a description ofGARVER's Scope of Services in addition to that described in
the Agreement for the Study Phase.
PART A — STUDY PHASE
A.1 Design Surveys
GARVER will perform field investigations to confirm existing water and sewer line alignments and
identify appropriate alternate alignments for relocated lines. Garver will utilize existing CITY OF
FAYETTEVILLE aerial mapping and topography to the extent possible for use in the Study Phase.
GARVER will conduct field surveys limited to verifying sewer flowline elevations where necessary.
CITY OF FAYETTEVILLE will provide assistance by locating and marking water and sewer lines.
A.2 Property Surveys
Property surveys will not be provided for the Study Phase.
A.3 Sewer Lines
CARVER will evaluate existing sewer line locations and identify which lines need to be replaced or
lined (cured -in -place or other) in their current location or relocated and what size is required.
Relocation, rehabilitation, or reconstruction recommendations will be based on location of the line
and priority for improvement as directed by the City. Garver is not tasked with determining the
Appendix
A -I - Scope of Services
I of 3
Study Phase
CARVER
— CITY OF FAYETTEVILLE
Mt. Sequoyah
Water and Sewer Improvements
condition of the pipe. CITY OF FAYETTEVILLE will assist Garver during the field inspection
process and will provide smoke or dye testing of lines as deemed necessary .
For lines that are to remain in or adjacent to their current location and alignment, GARVER will
consider open cut and trenchless construction methods. For lines that need to be relocated, GARVER
will recommend the preferred location and will consider pumped options where they are deemed
necessary.
A.4 Water Lines
GARVER will evaluate locations of existing water lines and determine if the lines should be replaced
in their current location or relocated. Relocation and reconstruction recommendations will be based
on location of the line and priority for improvement as directed by the City. Garver is not tasked with
determining the condition of the pipe.
Size determinations will be as directed by the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will assist GARVER with pressure checks of the existing system where
appropriate.
A.4 Conceptual Drawings
The conceptual drawings will include preliminary alignments on plan sheets, approximate existing
casements and rights of way as determined from City mapping, and an opinion of probable construction
cost. This conceptual submittal will be for the purpose of coordinating the proposed improvements with
the CITY OF FAYETTEVILLE and developing an order of magnitude cost estimate for the project.
The conceptual drawings will be accomplished using the City mapping as a background; design surveys
will not be accomplished until alignments are confirmed by the CITY OF FAYETTEVILLE.
GARVER will not begin preliminary design until the conceptual design is approved by the CITY OF
FAYETTEVILLE in writing.
A.5 Report
GARVER will prepare a report that will include details of the study, prioritized recommendations for
the improvements including conceptual drawings, and opinions of probable construction costs.
A.6 Coordination and Meetings
GARVER will accomplish the following:
I. Attend project kickoff meeting with CITY OF FAYETTEVILLE staff.
2. Attend progress meetings with CITY OF FAYETTEVILLE staff throughout the Study
Phase period (allows for four meetings).
3. Coordinate design with CITY OF FAYETTEVILLE Water and Sewer Department.
4. Coordinate with CITY OF FAYETTEVILLE Engineering Staff and Fayetteville Water and
Sewer Department Staff for design direction, easement information, mapping, as -built
information, knowledge of existing conditions, knowledge of existing service lines, dye
testing, pressure testing, etc.
5. Prepare for and attend two neighborhood meetings, if necessary.
6. Prepare for and attend one meeting with CITY OF FAYETTEVILLE Water and Sewer
Committee, if necessary.
Appendix
A- I - Scope
of Services
2 of 3
Study Phase
GARVER
— CITY OF
FAYETTEVILLE
Mt. Scquoyah Water and
Sewer Improvements
7. Prepare for and attend one CITY OF FAYEIIE;V ILLS City Council Meeting.
8. Meet with property owners as required.
9. Coordinate with CITY OF FAYETTEVILLE Landscape Administrator regarding trees.
10. Perform internal project management and quality control.
Assistance from the CITY OF FAYETTEVILLE Water and Sewer Department will be critical to the
success of the work accomplished by GARVER during the Study Phase. CITY OF
FAYETTEVILLE will provide assistance during field investigations and in establishing improvement
priorities for water and sewer lines.
PART B - EXTRA WORK
The following responsibilities arc excluded from GARVER'S scope of work under the Study Phase
of this agreement:
I. Study of additional design alternatives beyond those described herein.
2. Water or sewer system modeling.
3. Planning or design of any utilities relocation other than water and sewer.
4. Video recording of lines.
5. Coordination with utility companies for location of underground lines other than water and
sewer.
6. Property or easement record research.
7. Wetlands identification or mitigation design or any work related to other environmental or
cultural resource issues.
8. SCADA design considerations.
9. Submittals or deliverables not listed herein.
PART C - DELIVERABLES
The following will he submitted to the CITY OF FAYETTEVILLE, or others as indicated, by
GARVER:
I. Six copies of the Study Phase Report.
2. Electronic files as requested.
PART D - SCHEDULE
GARVER will begin work under this agreement within ten days of written authorization and
complete the scope of work in substantial conformance to the attached schedule, assuming meetings
are completed, as needed, with appropriate direction provided by the CITY OF FAYETTEVILLE.
PART F - SUBCONTRACTING
GARVER
has not made any subconsulting agreements
for the Study Phase.
Appendix A -I — Scope of Services 3 of 3
Study Phase
GARVER —
CITY OF FAYETTEVILLE
Mt. Scquoyah Water and
Sewer Improvements
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NAME OF FILE: Resolution No. 181-03
CROSS REFERENCE:
Item # Date Document
1
10.29.03
memo to mayor & city council
draft resolution
Bid No. 03-66
copy of purchase requisition
staff review form
2
12.8.03
memo to Sid Norbash
NOTES:
,eG5.
City Council Meeting of November 18, 2003
grj&/ c'/ 1s 1 L.LC.
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From: Tim Conklin, Community Planning and Engineering Services Directov ' ( -
Date: October 29, 2003
Subject: Mt. Sequoyah Water and Sewer Improvements Project - Engineering
Contract (Study Phase) with Garver Engineers, [LC in the lump sum
amount of $68,300.
RECOMMENDATION
Fayetteville City Administration recommends approval of the Engineering Contract
with Garver Engineers, LLC, in the lump sum amount of $68,300 for the STUDY
PHASE of the Mt. Sequoyah Water and Sewer Capital Improvements Project.
BACKGROUND
This CIP project is to evaluate and identify improvements to the water and sewer systems
which serve a large portion of the Mount Sequoyah area. The systems in this area are
very inadequate, water and sewer pipes are very old and deteriorated, and in numerous
cases lines run under houses and other structures.
Many lines are
not within existing
easements
and often do
not adjoin lots. This has
caused private
service lines to cross adjacent
property and
create accessibility problems.
The existing water and sewer lines have exceeded their life expectancy, and due to their
age, the water lines have severely reduced flow due to tuburculation build-up within the
pipes and the many of the sewer lines have numerous cracks and root blockage.
DISCUSSION
Through the formal selection process, Garver Engineers have been selected to perform
the engineering tasks for this project. After several meetings between the City Staff and
Garver Engineers, it was decided that a preliminary study of this system will he needed to
adequately determine the full extent of the problems and to recommend the most cost-
effective solutions.
• City Council Meeof November 18, 2003
Scope of the full CIP project:
I. Relocate all water and sewer lines that are currently near or under houses and
other structures.
2. Provide adequate water and sewer capacity, particularly for fire protection.
3. Provide new water and sewer lines in locations that are easily accessible for
future maintainance.
4. Relocate and establish legal individual service lines in accordance with City
of Fayetteville requirements.
5. Demolish and remove two abandoned pump station structures.
This project will involve replacement of approximately 16,000 feet of waterlines and
8,000 feet of sewer lines in the Mount Sequoyah area as shown on the attached sheet
from the 2002-2006 CIP and Appendix C of the contract.
Scope of this initial Study:
1. Conduct field investigations
2. Evaluate existing sewer lines
3. Evaluate existing water lines
4. Provide conceptual drawings with proposed alignments
5. Present a formal report outlining alternatives
6. Coordination meetings with City Staff and residents
BUDGET IMPACT
The beginning project budget for 2003 approved by City Council is $1,995,000. A
summary of costs is as follows:
Project Budget
Spent/Obligated to date 262
Balance S 1,994,738
Proposed Study Phase Contract with Garver S 68.300
Remaining Project Balance 51,926,438
51,995,000
Due to the complexity of this project, the Design Phase cost will be determined during
the Study Phase, and the estimated construction cost will he determined during the Final
Design Phase.
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT
OF SIXTY-FIGI-II' THOUSAND THREE HUNDRED DOLLARS
($68,300.00) WITH GARVER ENGINEERS, LLC FOR
ENGINEERING SERVICES RELATING TO THE MOUNT
SEQUOYAI I WATER AND SEWER IMPROVEMENTS PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Contract in the amount of Sixty -Eight Thousand. Three
Hundred Dollars (568,300.00) with Garver Engineers, LLC for. engiri ing
services relating to the Mount Sequoyah water and sewer Improvements Project.
A copy of the Contract, marked Exhibit "A" is attached Kereto riti made a part
hereof.
PASSED and APPROVED this 18a' day
„y.
i
ATTEST: { �r
B I SONI3RA SMITH, City Clerk
r
r, 2003:'
WELD:
COODY, Mayor
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STAFF REVIEW FORM - FINANCIAL OBLIGATION
X AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of December 2, •2003
FROM:
l►p.iiiti
Engineering CP& E
Division Department
ACTION REQUIRED: Approval of the Engineering Contract (Study Phase) with Garver
Engineers, LLC in the lump sum amount of $68,300 for Mount Sequoyah Water and Sewer
Improvements Project.
COST TO CITY:
6$ 300 -
ost of this Request
5400-5600-5808-00
Account Number
B T VIEW: x Budgeted Item
B dget Manag r Date
Budget2003
STAFF RECOMMENDATION: Approval
O'jp_e
en
MA
Budget Adjustment Attached
Luir,.,.dfk0� (0(31103
Internal Auditor Date
Purchasing Manager Date
Received in Mayor's Office
Cross Reference:
Prev Ord/Res #:
Orig. Contract Date:
Orig. Contract No:
New Item: Yes X No_
STAFF REVIEW FORM Page 2
Description Mt. Sequoyah Water & Sewer Imprvts. Project
Meeting Date December 2 t 2003
Comments: Reference Comments:
Budget Manager
Accounting Manager
Internal Auditor
City Attorney
Purchasing Manager
a4.Liru- Q9
Finance and Internal Services Director
Chief Administrative Officer
FAYETTEV?LLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Sid Norbash
Engineering Division
From: Clarice Buffalohead-Pearman V
City Clerk Division
Date: December 8, 2003
Re: Res. No. 181-03
Attached is an executed copy of the above resolution, approved by the City Council on December
2, 2003, authorizing an agreement for professional engineering services with Garver Engineers,
LLC relating to Mt. Sequoyah water and sewer improvements project. I have attached two original
contracts signed by the mayor and city clerk.
This resolution
and attachments will
be recorded
in the
city clerk's office and microfilmed. If
anything else is
needed please let the
clerk's office
know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
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CARVER I ENGINEERS
"Engineers Since 19/9"
3g .'PONT SrEEf- 5'J.'E ID FAVET,EVI.i.e ARKf-CAS 7£703
GMC•.E .16'. n27- J'. ✓7 FAX: F}il WTS1_1
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