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HomeMy WebLinkAbout57-12 RESOLUTIONRESOLUTION NO. 57-12 A RESOLUTION AUTHORIZING A CONTRACT WITH GARVER, LLC IN AN AMOUNT NOT TO EXCEED $189,500.00 FOR PROFESSIONAL ENGINEERING DESIGN SERVICES RELATED TO THE FRISCO TRAIL SOUTHERN EXTENSION, ACCEPTING A FIFTY PERCENT (50%) MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION, INC., AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $216,000.00 RECOGNIZING REVENUE FROM THE WALTON FAMILY FOUNDATION, INC. AND THE HOME DEPOT FOUNDATION 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 authorizes a contract with Garver, LLC in an amount not to exceed $189,500.00 for professional engineering design services related to the Frisco Trail southern extension. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a fifty percent (50%) matching grant from The Walton Family Foundation, Inc. to provide funding for the project. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $216,000.00, a copy of which is attached as Exhibit "A", recognizing revenue from The Walton Family Foundation, Inc. and the Home Depot Foundation. PASSED and APPROVED this 20th day of March, 2012. APPROVED: ATTEST: By: AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form V11.0425 Budget Year BY 2012 Division: Citywide Department: Citywide Request Date 3/20/2012 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION This budget adjustment recognizes commercial grant revenue from the Home Depot Foundation ($108,000) and the Walton Family Foundation ($108,000) for Frisco Trail (South to Walker Park). This project will tie the Walker Park Neighborhood to the City's main trail system by constructing a spur from Frisco Trail at the Mill District. Departm t Director 40LA sz). _ 3 -J -re Date Date Finance Director Date 3-S- xi Date Date 43740 Date Prepared By: John Nelson Reference: jnelson Budget & Research Use Only Type: A B C General Ledger Date Posted to General Ledger Checked / Verified TOTAL BUDGET ADJUSTMENT Initial Date Initial Date 216,000 216,000 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Trails "ADD"Commercial grants 4470.9470.5814.05 216,000 02016 . 1201 4470.0947.4305.00 216,000 02016 . 1201 K:\01_Financial Services1Budget\2012 BudgetTransportation\Budget Adjustments\BA Form 2012_02016.1201 1 of 1 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/20/2012 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department A resolution accepting a grant agreement with the Walton Family Foundation, approval of an agreement for professional engineering services with Garver, LLC in an amount not to exceed $189,500 for engineering design related to Frisco Trail (South), and approving a budget adjustment. 189,500.00 Cost of this request 4470.9470.5814.05 Account Number 02016.1201 Project Number Budgeted Item 1 1 216,000.00 Category / Project Budget Trail Development Program Category / Project Name Trail Improvements Funds Used to Date Program / Project Category Name 216,000.00 Sales Tax Cap Imp Remaining Balance Fund Name Budget Adjustment Attached X 0.61..loIi, Date Date 3-5. Finance and and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received inCdit57 — Clerk's Office itr? jReceived in Mayor's Office Comments: Revised January 15, 2009 Trle irville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Directord Chris Brown, City Engineer GO O'N-1`A From: Matt Mihalevich, Trails Coordinator Date: March 1, 2012 Subject: Frisco Trail grant agreement, engineering contract with Garver, LLC., and budget agreement RECOMMENDATION Staff recommends a resolution accepting a grant agreement with the Walton Family Foundation, approval of a contract for professional engineering services between the City of Fayetteville and Garver, LLC. in an amount not to exceed $189,500.00 for engineering design associated with the extension of Frisco Trail south from Martin Luther King Jr. Blvd. to Walker Park and approval of a budget adjustment in the amount of $216,000.00 to recognize revenue from the Walton Family Foundation and the Home Depot Foundation. PROPOSAL: Currently, the 7.6 -mile backbone of the Fayetteville Trail system and southern end of the proposed 36 -mile Razorback Regional Greenway terminates at the 5 -lane Martin Luther King Jr. Blvd. (Hwy 45/180). The proposed 1/2 mile Frisco Trail southern extension will provide a safe tunnel crossing under MLK Jr. Blvd and connect to the existing trail in Walker Park. From the Walker Park trail, a future trail will extend south under 15th street to connect to the east -west Town Branch Trail. Additionally, this trail project will provide a connection for the Tsa La Gi (Cherokee) trail located just south of MLK Jr. Blvd. Therefore, this proposed 1/2 mile trail connection is necessary to establish linkages between public amenities and residential and commercial areas. In 2010, The City of Fayetteville was honored to be selected as a pilot city to develop affordable housing and sustainable transportation with $500,000 in funding from the Sustainable Cities Institute through the Home Depot Foundation. The Frisco Trail southern extension is an important part of the Sustainable Cities Institute grant because it will provide a safe alternative transportation route for the residents of the proposed affordable housing development to be located just east of Walker Park and $108,000 of the grant funding has been designated for the trail project. As part of the Razorback Regional Greenway, this section of Frisco Trail is also eligible for funding through the Walton Family Foundation. In February of 2012, the City submitted a successful application to the Walton Family Foundation for funding in the amount of $108,000 to be matched dollar to dollar with $108,000 in funding from the Sustainable Cities Institute through the Home Depot Foundation for a total budget of 216,000 with $26,500 in contingency funds above the $189,500 proposal from Garver. The majority of this funding will be used for the design and engineering of the trail, with a commitment from the Walton Family Foundation to provide additional funding for the trail construction planned for THE CITY OF FAYETTEVILLE, ARKANSAS 2013. The attached grant #2012-170 agreement has been prepared by the Walton Family Foundation to outline the grant requirements. In the last paragraph of the agreement, the Foundation has requested the agreement be signed by March 5, 2012. Staff has discussed the time frame for City Council approval and the Foundation has agreed that this date is flexible and the grant will not be declined after this date is not met. Garver, LLC. has been selected through RFQ 11-01 to perform the complete trail design including the tunnel, retaining walls, bridges, and crosswalks. Garver has provided the attached scope of services (Appendix A) and contract for the requested professional engineering services. BUDGET IMPACT: No City funds are necessary for this request. Funds in the amount of $108,000 from the Home Depot Foundation will be combined with $108,000 from the Walton Family Foundation for a total budget of $216,000. $189,500 of these funds will be utilized to hire Garver, LLC to perform design work with the remaining $26,500 to be used as contingency if necessary. A check for the Home Depot Foundation funds has been received and the Walton Family Foundation funds will be received as reimbursement on a quarterly basis. RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACT WITH GARVER, LLC IN AN AMOUNT NOT TO EXCEED $189,500.00 FOR PROFESSIONAL ENGINEERING DESIGN SERVICES RELATED TO THE FRISCO TRAIL SOUTHERN EXTENSION, ACCEPTING A FIFTY PERCENT (50%) MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION, INC., AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $216,000.00 RECOGNIZING REVENUE FROM THE WALTON FAMILY FOUNDATION, INC. AND THE HOME DEPOT FOUNDATION 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 authorizes a contract with Garver, LLC in an amount not to exceed $189,500.00 for professional engineering design services related to the Frisco Trail southern extension. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a fifty percent (50%) matching grant from The Walton Family Foundation, Inc. to provide funding for the project. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $216,000.00, a copy of which is attached as Exhibit "A", recognizing revenue from The Walton Family Foundation, Inc. and the Home Depot Foundation. PASSED and APPROVED this 20th day of March, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Rehabilitate Existing Railroad Trestle STadle Frisco Trail MLK Jr. South to Walker Park PRELIMINARY TRAIL LAYOUT March 2012 City Of Fayetteville - Purchase Order (PO) Request No a Purcriase Order) Alf purchases under $2500 shall be used on a P -Card unless medical or 1099 service related. (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail: Purchasing©ci.fayetteville.ar.us Vendor #: Vendor Name: Mad 52650 Garver Engineers Yes: Requisition No.: P.0 Number: Date: 2/28/2012 xpected-Delivery Date: Address: Fob Point: Taxable City: 6tate: Zip Code: No: I. No: Quotes Attached Yes: Requester: John Nelson Ship to code: 104 Divison Head Approval:. Item Description Quantity Unit of Issue Unit Cost Extended Cost Requester's Erni:doyee.#: Ektension: 1 10 Engineering Services related to Frisco Trail (South) 1 JOB 189,500.00 $189,500.00 No: / 1003 492 Account Numbers Project/Subproject # Inventory if Fixed Asset # 4470.9470.5814:05 02016.1201 Contract # $0.00 Resolution # $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Shipping/Handling Lot $0.00 Special instructions: Per RFQ 11-01 Approvals: Mayor: Finance & Internal Services Director: Dispatch Manager: Department Director: Budget Manager: Utilities Manager: Subtotal: Tax: Total: $189,500.00 $0.00 $189,500.00 Purchasing Manager: IT Manager: Other: Revised 1/2/2008 National Center for Appropriate Technology NCAT 3040 Contificntal Priv2 • P.O. lox -33H • Fi(t, MI 59/02 • (406)494-45/2 • FAX (406)494 -2905 • Www ocrli Oki Chris Brown, P.E. City Engineer City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Dear Chris, Congratulations on obtaining the 1:1 matching funds from the Walton Family Foundation for the south Fayetteville/Tanglewood Branch trail design! Please find enclosed a cheek for $108,000 from our Home Depot Foundation/SCI:Fayetteville project fund that provides the match for the Walton Family Foundation's contribution. This payment should be filed as a separate sub -line in your accounting system so that there is a clear path to track this payment's expenditure for Garver Engineers to design the trail extension from 6th Street/MLK to Walker Park. We are proud of our partnership with the City and are excited that the trail extension project is getting underway. .this is going to be a huge asset to our community! Kind Regards, , Melissa Terry I) 0 IcoN 1 111!--kic PA :1.3/0:'3 , Y..4! 2::.0 Mc)mt:,,:5 10505 51:d rox I ',:ownor0, 0 VENDOR 48319 PO P..30. National Center for Appropriate Technology PO Box 3838, Butte, MT 59702-3838 INVOICE NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID )35084 080875 C2/03/2012 108000.00 CHECK TOTAL 66735 CHECK NO. OUR REFERENCE 108000.00 TRAIL EXTENTION 35084 308,000.00 Ai-EaffiRD... Limouu vs.4 onmoe 0 .ORIG I DIAL.iD UTA ENT, RBINTEZIOTECHEMICAL,F1 EACTIV,EEPAI?ERINIFFH=1.11.GROP.RINTECK .VACIA ME Flb,,"- " • -" National Center for Appropriate Technology PO Box 3838, Butte, MT 59702-3838 (408) 494-4572 ONE HUNDRED EIGHT THOUSAND AND 00/100 DOLLARS PAY TO THE ORDER OF CITY OF FAYETTEVILLE 113 W MOUNTAIN STREET FAYETTEVILLE AK 72701 CHECK Na 66735 GLACIER BANK RO. BOX 3048 BUTTE, MT 59702 93-7082/2929 AMOUNT .****108 000.00 gcat. Le/dA4,4‘. .1141C K.OR_PRESSIILER AED 00667350 1:29 29708ED: L90044 11390 The WA LT 0 N FAM 1 LY Box 2030 Bentonville AR -72712-2030 FOUNDATION February 20, 2012 Lioneld Jordan, Mayor City of Fayetteville, AR 113 W. Mountain Fayetteville, AR 72701 Re: Grant #2012-170 Dear Mayor Jordan, RECEIVED FEB 2 3 2 012 CITY OF FAYETTEVILLE MAYOR'S OFFICE It is my pleasure to inform you that The Walton Family Foundation, Inc. (the "Foundation") has approved a one year grant of up to $108,000.00 to the City of Fayetteville, AR (the "Grantee"). This grant is subject to the following terms and conditions: 1. Purpose: The purpose of the grant is to be used as a 1:1 match for a 2010 Sustainable Cities Institute Grant through the Home Depot Foundation to fund no more than 50% of the cost of the design and engineering for the Frisco Trail Southern Extension not to exceed $108,000. Grantee agrees to use all grant funds exclusively for the grant's purposes. Any changes in these purposes must be authorized in advance by the Foundation in writing. 2. Amount: Up to One Hundred Eight Thousand Dollars ($108,000.00). Year One (By December 31, 2012) up to $108,000.00. 3. Matching Grant: The Foundation's funds will be used to match funds collected by Grantee from a 2010 Sustainable Cities Institute Grant through the Home Depot Foundation. Year One (ending December 31, 2012): one dollar for each one dollar up to $108,000.00 collected from the 2010 Sustainable Cities Institute Grant through the Home Depot Foundation. Expiration: Proof of receiving the $108,000.00 grant award from the 2010 Sustainable Cities Institute Grant through the Home Depot Foundation must be obtained by March 8, 2012. In the event the matching grant is not received by March 8, 2012, all outstanding obligations of the Foundation will terminate. P.4 79.4 64.1570 1 F.4 79.464.1580 www.waltonfamilyfoundation.org 4. Payable: Payments shall be made on a drawdown basis no more frequently than quarterly. City of Fayetteville will submit a report outlining work completed as well as funds expended to date and the Foundation will review and, once approved, will reimburse no more than 50% of that total not to exceed 50% of the cost up to $108,000. 5. Accounting: (a) The Foundation encourages, whenever feasible, the deposit of grant funds in an interest-bearing account. For purposes of this letter, the term "grant funds" includes the grant and any income earned thereon. (b) Grantee will maintain records of receipts and expenditures made in connection with the grant funds and will keep these records during the period covered by the Grantee's reporting obligations specified in paragraph 6 and for at least four years thereafter ("Maintenance Period"). Grantee will make its books and records in connection with the grant funds available for inspection by the Foundation during normal business hours as the Foundation may request at any time during the Maintenance Period. 6. Reporting and Evaluation: Grantee will provide the Foundation with a financial and narrative report by the due date listed in the report schedule below. Each report shall include an account of expenditures of grant funds, and a brief narrative of what was accomplished (including a description of progress made in fulfilling the purposes of the grant and a confirmation of Grantee's compliance with the terms of the grant). Report Date Report Type August 31, 2012 Interim Financial and Narrative February 28, 2013 Final Financial and Narrative Success will be measured against the outputs and outcomes described in Appendix 1. All reports will be sent electronically to HomeRegion@wffmail.com. If you have questions relative to reporting, please contact Janet Post, Home Region Focus Coordinator, 479-464-1576 or, emailjpost@wffmail.com. Please reference Grant #2012-170 on all reports submitted. 7. Representations: Grantee represents and warrants to the Foundation that: (a) Grantee is an organization in good standing, is either an organization described in section 501(c)(3) of the Internal Revenue Code ("Code") or a governmental unit, and is not a "private foundation" described in section 509(a) of the Code. Grantee will promptly notify the Foundation of any change in Grantee's tax status under the Code. (b) In no event will Grantee use any grant funds: (i) to carry on propaganda, or otherwise to attempt, to influence legislation; (ii) to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive; or (iii) to undertake any activity other than for a charitable, educational or other exempt purpose specified in section 170(c)(2)(B) of the Code. (c) Grantee will comply with all applicable laws and regulations. 8. Repayment: The Foundation may discontinue any further payments to Grantee, and may direct Grantee to repay any unexpended grant funds to the Foundation, if any of the following events occurs: 7(a) above; Grantee ceases to maintain its tax-exempt status as described in paragraph (ii) Grantee fails to comply with the terms of this letter; or (iii) There is a material change in Grantee's key personnel that in the sole opinion of the Foundation adversely affects Grantee's management of the grant. 9. Grant Publicity: Grant publicity related to this grant consistent with Grantee's normal practice is permitted, subject to the following provisions. The Foundation expects any announcements and other publicity to focus on Grantee's work and the project or issue funded by the grant. Recognition of the Foundation's role in funding the project is permitted, provided that the timing, content and strategic focus of such publicity should be approved by the Foundation contact listed in paragraph 10. Publicizing the grant and the Foundation in Grantee's publications and communications in a manner consistent with similar grants obtained by Grantee is permitted. The Foundation may ask Grantee to provide illustrations, photographs, videos, recordings, information or other materials related to the grant (collectively "Grant Work Product") for use in Foundation communications including the Foundation's website, annual report, newsletters, board materials, presentations, communications and other publications. Grantee agrees to provide the Foundation with such items upon the Foundation's reasonable request and hereby grants to the Foundation and anyone acting under the authority of the Foundation a fully paid-up, world-wide, right and license to use, reproduce, display and distribute the Grant Work Product in connection with the Foundation's charitable operations and activities. In connection therewith, Grantee shall be responsible for obtaining all necessary rights and permissions from third parties for the Foundation to use the Grant Work Product for these purposes. By signing this Agreement, Grantee also acknowledges and agrees to use by the Foundation of historical, programmatic and other information relating to Grantee and the grant hereunder. 10. Gratuities: The Foundation desires that all of Grantee's resources be dedicated to accomplishing its philanthropic purposes. Therefore, Grantee agrees that it will not furnish the Foundation or its Board of Directors, officers, staff or affiliates with any membership, commemorative items, recognition plaques or gratuities or benefits of any kind. 11. Contact: For all communications regarding the grant, your point of contact at the Foundation will be Program Officer, Ryan Hale. He can be contacted via phone or email as follows: Telephone number (479) 464-1579, Fax number (479) 464-1580 and Email rhale@wffmail.com. We have enclosed two original grant letters. Please sign one copy as Grantee's acknowledgment of the terms and conditions herein stated and return it to me in the enclosed self addressed envelope. If the signed acknowledgment of this letter is not received in the Foundation's office by March 5, 2012, the Foundation will consider the Grantee to have declined the grant. On behalf of the Foundation, I extend every good wish for the success of your organization's endeavors. Executive Director ACKNOWLEDGED AND AGREED 13 add Mayor City of ayetteville, AR (Date)—* Appendix 1: City of Fayetteville, AR Frisco Trail Southern Extension Design and Engineering Output Performance Measures: • By 4 months after the grant funding approval date, Alta Planning+Design will assist in the preliminary review of plans prepared by Garver Engineers to insure design concurrence with the Razorback Regional Greenway as evidenced by program and city records. Estimated date is June 3, 2012. • Garver Engineers will deliver a construction -ready trail plan that includes a tunnel, retaining walls, bridges, crosswalk, right of way exhibits and state highway department permitting by 10 months from the grant approval date as evidenced by program and city records. The estimated date is December 31, 2012; however, this date could be delayed by state highway department permit review. • The City of Fayetteville will set a date to begin construction of the Frisco Trail southern extension by December 31, 2012 as evidenced by program and city records. This will be contingent on construction funding availability. Outcome Performance Measures: • Alta Planning+Design as well as the COF will formally approve the construction ready trail plan delivered by Garver Engineers by 10 months from the grant approval date as evidenced by program and city records. The estimated date is December 31, 2012. AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER, LLC. THIS AGREEMENT is made as of `AMMO/1_ E0 , 2012, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and GARVER, LLC (hereinafter called GARVER). CITY OF FAYETTEVILLE requires professional engineering services in connection with the surveying, design, preparation of property acquisition documents, and partial bidding services for the Frisco Trail extension from Martin Luther King, Jr. Boulevard to Walker Park. 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 be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of GARVER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of GARVER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. Frisco Trail Engineering Contract Garver.doc 1 2/23/2012 SECTION 2- BASIC SERVICES OF GARVER 2.1 General 2.1.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1.1 The Scope of Services to be furnished by GARVER during the design is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.2 GARVER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. GARVER and CITY OF FAYETTEVILLE agree that GARVER has full responsibility for the engineering services. 2.2 Engineering Services — Frisco Trail Extension. 2.2.1 Perform engineering services for the design as described in the Scope of Services in Appendix A. SECTION 3- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of GARVER 3.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.2 Assist GARVER by placing at GARVER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.3 Assist GARVER in obtaining access to property reasonably necessary for GARVER to perform its services under this Agreement. 3.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by GARVER and render in writing decisions pertaining thereto. 3.5 The Trails Coordinator is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Trails Coordinator shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, Frisco Trail Engineering Contract Garver.doc 2 2/23/2012 elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to GARVER in a timely manner. SECTION 4- PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. 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. The anticipated schedule for this project is included as Appendix A. SECTION 5- PAYMENTS TO GARVER 5.1 Compensation 5.1.1 Frisco Trail The maximum not -to -exceed amount authorized for this Agreement is $189,500. The CITY OF FAYETTEVILLE shall compensate GARVER for time spent on the project at the rates described in Appendix B for each classification of GARVER's personnel. In addition, reimbursable expenses, including but not limited to printing, courier service, reproduction, travel, and subconsultants shall be paid to GARVER. For informational purposes, a breakdown of GARVER's estimated costs is included in Appendix B. The rates shown will be increased annually with the first increase effective on or about June 1, 2012. 5.1.1.1 Subject to the City Council approval, adjustment of the not -to -exceed 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, character, or schedule 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. Changes, modifications or amendments Frisco Trail Engineering Contract Garver.doc 3 2/23/2012 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. 5.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional 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 project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.2 Statements Statements and progress report for each calendar month will be submitted to CITY OF FAYETTEVILLE. Statements will be based on GARVER's actual time and reimbursable expenses accrued to the project. 5.3 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. 5.4 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 Frisco Trail Engineering Contract Garver.doc 4 2/23/2012 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. SECTION 6- GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, GARVER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim 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. 6.1.2 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. 6.2 Professional Responsibility 6.2.1 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 retains all remedies to recover for its damages caused by any negligence of GARVER. Frisco Trail Engineering Contract Garver.doc 5 2/23/2012