HomeMy WebLinkAbout85-14 RESOLUTIONRESOLUTION NO.85-14
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH GARVER, LLC FOR SURVEYING AND
DESIGN SERVICES RELATED TO THE INSTALLATION OF A PROPANE
FUELING SYSTEM AT THE HAPPY HOLLOW MAINTENANCE SITE IN
THE AMOUNT OF $33,800.00, APPROVING A PROJECT CONTINGENCY
OF $3,380.00, AND APPROVING A BUDGET ADJUSTMENT
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
the Mayor to sign a professional engineering services agreement with Garver, LLC for surveying
and design services related to the installation of a propane fueling system at the Happy Hollow
maintenance site in the amount of $33,800.00, and further approves a project contingency of
$3,380.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, attached hereto as Exhibit "A".
PASSED and APPROVED this 6t' day of May, 2014.
:''C• D11
ATTEST:
By: &,A,., `�- J�
SONDRA E. SMITH, City Clerk/Treasurer
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Y
. FAYETTEVILI_E. y
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Division: Fleet Operations Request Date
2014 1
Department: Transportation Services
4/18/2014
V12.0724
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
Funds are requested to be moved from fund balance to Fleet's project to cover Engineering expenses for survey and
design on installation of a new propane fueling system at the Happy Hollow maintenance site.
Prepared By: Barbara Olsen
tBugie
ad Mate
Olsen, Barbara
Reference:
ector Budget & Research Use Only
Type: A B C Q E P
Departme Director Date
k-per - ; .3 - �tY General Ledger Date
Finance Director Date
Chief of Staff
Date
Posted to General Ledger
Checked / Verified
Initial Date
Mayor Date I Initial Date
TOTAL BUDGET ADJUSTMENT 37,180 37,180
Increase / (Decrease) Project.Sub
Account Name Account Number Expense Revenue Number
Fixed assets 9700.1920.5801.00 37,180 - 12007 . 1401
Use of fund balance 9700.0970.4999.99 - 37,180
a
K:\Budget\Budget Adjustments\2014 Adjustments\5-6-14 BA Garver Engineering l 1 of 1
City of Fayetteville Item Review Form
2014-0189
Legistar File Number
May 6, 2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jesse Beeks / Barbara Olsen Transportation Services
Submitted By Department
Action Required:
A resolution awarding a contract to Garver, LLC in the amount of $33,800 plus 10% contingency for
a total of $37,180 for survey and design services for the installation of a propane fueling system at
the Happy Hollow maintenance site and a Budget Adjustment to move funds to the Fleet expense
account.
Does this item have a cost? YeS
$37,180.00
Cost of this request
9700.1920.5801.00
Account Number
$0.00
Category or Project Budget
$0.00
Funds Used to Date
Shop Improvements
Program or Project Name
Vehicles and Equipment
Program or Project Category
12007.1401-$37,180.00 Shop Fund
Project Number Remaining Balance Fund Name
Budgeted Item? NO Budget Adjustment Attached? YeS
V20130812
ENTERE
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
4- 211-IL014
M
W
CITY OF
ARKANSAS
MEETING OF [MONTH, DAY YEAR]
CITY COUNCIL AGENDA MEMO
TO: Mayor and City Council
THRU: Terry Gulley, Director of Trans portationl-�%l
FROM: Jesse Beeks, Fleet Operations Superintendent
DATE: May 6, 2014
SUBJECT: Award a contract to Garver, LLC for survey and design services
RECOMMENDATION:
That City Council award a contract to Garver, LLC in the amount of $33,800 plus a 10%
contingency for a total of $37,180 for survey and design services for the installation of a
propane fueling system at the Happy Hollow maintenance site and a Budget Adjustment to
move funds to the Fleet expense account.
BACKGROUND:
In late 2012 Fleet began a pilot program on propane use. It is very cost effective. In order to be
able to install propane in more units, Fleet needs to install a propane fueling station that ties in
with our automated Fuelmaster system and with FASTER for billing. This will allow us to have
propane in many vehicles as data entry will be automatic, not done by hand as it is now.
DISCUSSION:
The first step is having,an engineer provide survey and design services so that the propane
station can be bid out.
BUDGET/STAFF IMPACT:
Propane is considerably less expensive than gasoline so it will save user divisions money to run
vehicles and mowers on propane.
Attachments:
Two original copies of a contract with Garver, LLC
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
RESOLUTION NO.
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH GARVER, LLC FOR SURVEYING AND
DESIGN SERVICES RELATED TO THE INSTALLATION OF A PROPANE
FUELING SYSTEM AT THE HAPPY HOLLOW MAINTENANCE SITE IN
THE AMOUNT OF $33,800.00, APPROVING A PROJECT CONTINGENCY
OF $3,380.00, AND APPROVING A BUDGET ADJUSTMENT
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
the Mayor to sign a professional engineering services agreement with Garver, LLC for surveying
and design services related to the installation of a propane fueling system at the Happy Hollow
maintenance site in the amount of $33,800.00, and further approves a project contingency of
$3,380.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, attached hereto as Exhibit "A".
PASSED and APPROVED this 6th day of May, 2014.
APPROVED:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER,LLC
THIS AGREEMENT is made as of ft U , 2014, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and GARVER, LLC (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Garver Engineering Services Agreement I
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER:
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The Transportation Director is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The Transportation Director
shall have complete authority to transmit instructions, receive information, interpret and
define CITY OF FAYETTEVILLE's policies and decisions with respect to materials,
equipment, elements and systems to be used in the Project, and other matters pertinent to the
services covered by this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is included as Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $33,800. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Unit Price basis as described in
Appendix B. The hourly rates shown in Appendix B will be increased annually with the first
increase effective June 1, 2014.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
Garver Engineering Services Agreement 2
ENGINEER 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.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following 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 Engineering Services Agreement 3
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Garver Engineering Services Agreement 4
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Garver Engineering Services Agreement 5
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require
Garver Engineering Services Agreement 6
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER 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.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
Garver, LLC
2049 E. Joyce Blvd, Suite 400
Fayetteville, AR, 72703
Garver Engineering Services Agreement %
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Garver Engineering Services Agreement 8
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER 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 ENGINEER 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
Garver Engineering Services Agreement 9
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER 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.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
GARVER, LLC, by its authorized officer have made and executed this Agreement as of the day and year
first above written.
CITY OF FAYEXTEVILLE, ARKANSAS GARVER, LLC
ATTEST:
Title: f* f'G yr
,FESSIONAL ENGINEERING SERVICES
10
APPENDIX A — SCOPE OF SERVICES
2.1 General
Generally, the scope of services includes surveying and design of a new propane fueling station at the
City of Fayetteville Maintenance Facility. Improvements will consist primarily of the installation of a
12,000 gallon above ground storage tank and fuel dispenser with a canopy.
2.2 Surveys
2.2.1 Design Surveys
Garver will provide field survey data for designing the project. This survey will not be tied to the
Owner's control network.
Gamer will conduct field surveys, utilizing radial topography methods, at intervals and for distances at
the project site as appropriate for modeling the existing ground, including locations of pertinent features
or improvements. Garver will locate existing fuel tanks, fuel dispensers, power racks, power poles, the
southeast corner of the maintenance building, and underground utilities marked by their owners and/or
representatives. Garver will establish control points for use during construction.
2.2.2 Property Surveys
Property surveys are excluded from the scope of services.
2.3 Geotechnical Services
Getotechnical Services are excluded from the scope of services.
2.4 Coordination
Garver will also attend coordination meetings with the Owner and other agencies as required. Garver
will prepare exhibits for these meetings when appropriate.
2.5 Conceptual Design
Garver will proceed directly to the preliminary design.
2.6 Preliminary Design
The preliminary design phase submittal will include:
Production of contract plans and specifications for the design of a single above ground 12,000
gallon propane fuel tank and single dispenser. The tank will be located due west of the existing
fuel tanks and the dispenser relatively north of the proposed tank. A separate power feed from
the existing maintenance building will be designed to power the propane facility. The design will
include a performance specification for a "package" skid -type of system with the tank
manufacturer providing the design services for specific connections as required by the contract
specifications. Specific design under this contract will be to compose those performance
specifications and provide electrical and civil design for the site outside of the services provided
by the manufacturer under the "package" system. Garver will provide electrical and civil site
plans, civil grading plan, civil details, electrical power plan, and electrical details.
Design will include incorporating the City's existing FuelMaster system as well as a canopy over
the dispenser with light.
Appendix A - Scope of Services 1 of 3 14047030
Fayetteville Propane Fueling Station
Design will be completed to NFPA, NEC, State, and City codes.
Gamer will complete electrical design calculations and require as part of the specifications for the
Contractor to complete arc flash study requirements for the new system.
Opinion of Probable Construction Cost
The preliminary design phase will represent approximately 90 percent of final construction contract
plans. This submittal will include technical specifications and "front end" contract documents. Garver
will not begin final design until the preliminary design is approved by the Owner in writing.
2.7 Final Design
During the final design phase of the project, Garver will conduct final designs to prepare construction
plans and specifications, for one construction contract, including final construction details and quantities,
special provisions, and opinion of probable construction cost as required to advertise for bids.
2.8 Property Acquisition Documents
Property Acquistion Documents are excluded from the scope of services.
2.9 Bidding Services
Bidding Services are excluded from the scope of services.
2.10 Construction Phase Services
Construction Phase Services are excluded from the scope of services.
2.11 Project Deliverables
The following will be submitted to the Owner, or others as indicated, by Garver:
1. Three copies of the Preliminary Design with opinion of probable construction cost.
2. Three copies of the Final Design with opinion of probable construction cost.
3. Electronic files as requested.
2.12 Extra Work
The following items are not included under this agreement but will be considered as extra work:
1. Redesign for the Owner's convenience or due to changed conditions after previous alternate
direction and/or approval.
2. Submittals or deliverables in addition to those listed herein.
3. Pavement Design.
4. Design of any utilities relocation.
5. Retaining walls or other significant structural design beyond that required for the tank support
and canopy.
6. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction contract
documents will require the Contractor to prepare, maintain, and submit a SWPPP to DEQ.
7. Construction materials testing.
8. Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items.
9. Large Scale Development.
10. Design of fueling system components beyond performance specification.
Appendix A - Scope of Services 2 of 3 14047030
Fayetteville Propane Fueling Station
11. Perform arc flash calculations.
12. Bidding Services.
13. Construction Phase Services including record drawings.
14. Services after construction, such as warranty follow-up, operations support, etc.
Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the
Owner and Garver.
2.13 Schedule
Garver shall begin work under this Agreement within ten (10) days of a Notice to
Proceed and shall complete the work on a mutually agreeable schedule.
Appendix A - Scope of Services 3 of 3 14047030
Fayetteville Propane Fueling Station
CARVER
Fayetteville Propane Fueling Station
Garver Hourly Rate Schedule
Classification
Rates
ngmeers 1, Architects
E-1.................. ..................
....... ........ ................. $ 92.00
E-2................................................................................
$ 107.00
E-3................................................................................
$ 129.00
E-4................................................................................
$ 150.00
E-5................................................................................
$ 183.00
E-6................................................................................
$ 228.00
M-1...............................................................................
$ 300.00
Planners"/ Environmental Specialist :" ' -
;,
P-1..............................................................................
$ 108.00
P-2................................................................................
$ 137.00
Designers `
D-1................................................................................
$ 85.00
D-2................................................................................
$ 99.00
D-3................................................................................
$ 116.00
D-4................................................................................
$ 138.00
Technicians
�,.. �... _...,...;
-_ of
T-1................................................................................
$ 74.00
T-2................................................................................
$ 84.00
T-3................................................................................
$ 102.00
Surveyors
u.
S-1...............................................................................
$ 44.00
S-2................................................................................
$ 55.00
S-3................................................................................
$ 72.00
S-4................................................................................
$ 105.00
S-5................................................................................
$ 138.00
S-6................................................................................
$ 163.00
2-Man Crew (Survey)........................................................
$ 169.00
3-Man Crew (Survey)........................................................
$ 210.00
2-Man Crew (GPS Survey) .................................................
$ 189.00
3-Man Crew (GP S Survey) .................................................
$ 230.00
Construction Dbsenrvation '..
�.:.
C-1................................................................................
$ 82.00
C-2................................................................................
$ 114.00
C-3................................................................................
$ 128.00
C-4................................................................................
$ 163.00
X-1................................................................................
$
52.00
X-2................................................................................
$
71.00
X-3................................................................................
$
99.00
X-4................................................................................
$
135.00
Agreement for Professional Services
Fayetteville Propane Fueling Station Garver Project No. 14047030
APPENDIX B
CITY OF FAYETTEVILLE
PROPANE FUELING STATION
FEE SUMMARY
Title I Services
Estimated Fees
Surveys $3,500.00
Preliminary Design $21,300.00
Final Design $9,000.00
Subtotal for Title I Services $33,800.00
X:\2014\14047030 - FYV Fueling Station\Contracts\Client\FYV Fueling Station - APPENDIX A - Garver Fee Spreadsheet -
lump sum or hourly
APPENDIX B
CITY OF FAYETTEVILLE
PROPANE FUELING STATION
SURVEYS
WORK TASK DESCRIPTION
E-6
E-3
S-5
S-4
S-3
2-Man Crew
(Survey)
2-Man Crew
(GPS Survey)
$228.00
$129.00
$138.00
$105.00
$72.00
$169.00
$189.00
hr
hr
hr
hr
hr
hr
hr
1. Surveys - Topographic
Horizontal and Vertical Control
1
1
2
Topographic Surveys
1
8
Locate Utilities
2
Data Processing/DTM Preparation
2
4
Subtotal - Surveying
0
0
4
4
0
11
2
Hours
0 0 4 4 0 11 2
Salary Costs $0.00 $0.00 $552.00 $420.00 $0.00 $1,859.00 $378.00
SUBTOTAL - SALARIES: $3,209.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $32.00
Survey Supplies $29.00
Travel Costs $30.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $91.00
SUBTOTAL: $3,300.00
SUBCONSULTANTS FEE: (Arkups) $200.00
TOTAL FEE: $3,500.00
APPENDIX B
CITY OF FAYETTEVILLE
PROPANE FUELING STATION
PRELIMINARY DESIGN
WORK TASK DESCRIPTION
E-6
E-5
E-3
E-2
E-1
D-3
T-1
X-1
$228.00
$183.00
$129.00
$107.00
$92.00
$116.00
$74.00
$52.00
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Preliminary Site Visit & Coordination Meeting
3
3
Project Management
External Coordination
city
2
2
Internal
4
Fuel System Layout
0
Preliminary Plans - Civil
Front End Plans
1
4
Plan & Profile Sheets
4
8
Grading
1
4
Specifications
3
Quantities
3
Opinion of Probable Construction Cost
3
QC Review
4
2
1
Submit 90 % Documents to City
1
1
2
Review Meeting with City
2
2
Subtotal - Civil Engineering
0
11
0
29
0
0
18
2
2. Electrical Engineering
Preliminary Site Visit & Coordination Meeting
4
4
Project Management
External Coordination
city
1
Fuel System Manufacturer
0
0
Internal
2
2
Fuel System Layout
0
0
0
Research Applicable Clearances and NFPA Documents
0
0
Design
Circuit Calculations
1
4
Voltage Drop Calculations
1
2
Canopywith Light
4
8
FuelMan Card Reader Design
2
8
Preliminary Plans - Electrical
Site Plan
2
6
Power Plan
2
6
One -Line Diagram
4
2
6
Details / Risers
5
14
4
10
Specifications
4
6
Quantities
1
5
Opinion of Probable Construction Cost
1
3
QC Review
4
6
4
Submit 90 % Documents to City
1
Review Meeting with City
2
2
Subtotal - Electrical Engineering
0
4
1 34
0
73
1 6
1 28
0
Hours
Salary Costs $0.00 $2,745.00 $4,388.00 $3,103.00 $6,716.00 $696.00 $3,404.00 $104.00
SUBTOTAL -SALARIES: $21,154.00
Document Printing/Reproduction/Assembly $96.00
Postage/Freight/Courier $10.00
Travel Costs $40.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $146.00
TOTAL FEE: $21,300.00
APPENDIX B
CITY OF FAYETTEVILLE
PROPANE FUELING STATION
FINAL DESIGN
WORK TASK DESCRIPTION
E-6
E-5
E-3
E-2
E-1
D-3
T-1
X-1
$238.00
$191.00
$135.00
$112.00
$96.00
$121.00
$77.00
$55.00
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Project Management
2
2
Final Plan Revisions
2
4
Final Specification Revisions
1
Quantities
1
2
Opinion of Probable Construction Cost
1
2
QC Review
2
2
1
Sign Final Documents / Submit to City
2
1
1
Subtotal - Civil Engineering
0
4
0
11
0
0
10
1
2. Electrical Engineering
Project Management
2
2
Final Plan Revisions
4
12
16
Final Specification Revisions
1
4
Quantities
1
3
Opinion of Probable Construction Cost
1 1
2
QC Review
2
4
2
Sign Final Documents / Submit to City
1
1
Subtotal - Electrical Engineering
0
2
14
0
26
0
16
0
Hours 0 6 14 11 26 0 26
Salary Costs $0.00 $1,146.00 $1,890.00 $1,232.00 $2,496.00 $0.00 $2,002.00 $55.00
SUBTOTAL - SALARIES: $8,821.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $130.00
Postage/Freight/Courier $15.00
Travel $34.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $179.00
TOTAL FEE: $9,000.00
Requisition o.:
Date --
City Of Fayetteville - Purchase Order (PO) Request
411812014
(Not a Purchase Order)
P.0 Number.e
ivery e:
Ali purchases under $2500 shall be used on a P-Card unless medical or 1099 service related. (Call x256 with questions)
AN Pa R uest shalt be scanned to the Purchasing e-mail., Purchasitt l fa etteville.ar.us
Vendor#: Vendor Name:
Mail
52650 GARVER ENGINEERING
Yes:— No: x
Address:
Fob Point:
Taxable
Quotes Attached
Yes:_ No: X
Yes: No: x
City:
State:
Zip Code:
Ship to code:
Qi 'son Head Approval:
50
nsion:
Requester:
Requester's Employee #:
BARBARA OLSEN
1940
348fi
Iteral
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Numbers
Pra'ectiSub ro'ect #
Inventory#
Fixed Asset #
1
SURVEY AND DESIGN OF SITE FOR PROPANE
1
EA
33,800.00
$33,800.00
8700.1920.5801,00
12007.1401
2
TANK INSTALLATION AT HAPPY HOLLOW
$0.00
3
MAINTENANCE SITE, PER QUOTE AND
$0.00
CONTRACT
4
$0.00
5
$0.00
6
$0.00
7
$0.00
8
$0.00
g
$0.00
10
$0.00
ShippinglHandling
Lot
$0.00
pepa Instructions:
Subtotal: $33.800.00
Total: $33,800.00
Approvals:
Mayor: Department Director. Purchasing Manager:
Finance & Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utillties Manager: Other: