HomeMy WebLinkAbout99-14 RESOLUTIONRESOLUTION NO.99-14
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH GARVER, LLC FOR DESIGN SERVICES
FOR KESSLER MOUNTAIN WATER MAIN IMPROVEMENTS IN AN
AMOUNT NOT TO EXCEED $105,600.00, AND TO APPROVE 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 design
services for Kessler Mountain water main improvements in an amount not to exceed
$105,600.00.
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 20t' day of May, 2014.
APPROVED:
ATTEST:'
fond, � 6
SONDRA E. SMITH, City Clerk/Treasurer
^.
FAYET TEV/U.-
p rtO\�\ t1
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar Version)
Budget Year Division: Engineering Adjustment Number
2014 Dept.: Development Services
Requestor: Peggy Bell
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
$1,650,000 is requested in the Regional Park Waterlines project for the design and construction of a new 18" to 24"
diameter water main from the Kessler Mountain water tanks, through the Regional Park to S. Cato Springs Road. The
funding will come from a Transfer from Water Impact Fees.
COUNCIL DATE:
5/6/2014
LEGISTAR FILE ID#:
2014-0177
BUDGET & INFORMATION MANAGEMENT USE
KeA/&VV spry
4/11/2014 8:46 AM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
RESOLUTION/ORDINANCE
POSTED:
v.20140331
TOTAL
1,775,088
1,775,088
Increase / (Decrease)
Project.Sub#
Account Number
Expense
Revenue
Project Sub AT
Account Name
5400.5600.5314.00
160,000
-
14015 1000 EX
Professional Services
5400.0940.6602.30
-
160,000
14015 1000 RE
Transfer from Impact Fee
5400.5600.5808.00
1,490,000
-
14015 2000 EX
Water Line Improvements
5400.0940.6602.30
-
1,490,000
14015 2000 RE
Transfer from Impact Fee
2300.9300.5808.00
(1,364,912)
-
07002 1 EX
Water Line Improvements
2300.9300.7602.40
1,490,000
-
07002 1401 EX
Transfer to Water & Sewer Fund
2300.0930.4999.99
-
125,088
RE
Use of Fund Balance
EXHIBIT
C:\Users\kspringer.CITY\AppData\Roaming\L5\Temp\e89ec34e-3809-4361-96f 1-2905c2ea7cbe.xlsm
1 of 1
Chris Brown
Submitted By
City of Fayetteville Item Review Form
20'4-0177
Legistar File Number
5/2 0/ 14
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
A resolution awarding an Engineering Contract to Garver, LLC in an amount not to exceed $105,600
for preliminary and final design and related services for the Kessler Mountain Water Main
Improvements Project.
Does this item have a cost? Yes
$105,600.00
Cost of this request
5400.5600.5314.00
Account Number
14015.1000
Project Number
Budgeted Item? Yes
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Q---- qbflLf
Q-AfU Ck44-�' A---"
-
$160,000.00
Category or Project Budget
$0.00
Funds Used to Date
$54,400.00
Remaining Balance
Budget Adjustment Attached? No
5 -- `7 - 7-0 4,4
Engineering
Program or Project Name
Development Services
Program or Project Category
Transportation Bonds
Fund Name
V20130812
CITY OF
•
T � �Vl
ARKANSAS
MEETING OF MAY 20, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Chris Brown, P.E., City Engineer
DATE: April 18, 2014
SUBJECT: A resolution awarding an Engineering Contract to Garver, LLC in an
amount not to exceed $105,600 for preliminary and final design and related
services for the Kessler Mountain Water Main Improvements Project.
RECOMMENDATION:
Staff recommends approval of a Contract with Garver, LLC in the amount of $105,600.00 for
preliminary and final design and related services for the Kessler Mountain Water Main
Improvements Project.
BACKGROUND:
The Kessler Mountain Water Tanks are fed by a single 30" waterline that connects to the tanks
on the north side from Finger Road. The tanks are at the end of this 30" line which means that
there is only a single feed to the tanks.
DISCUSSION:
An additional water line connection to the system is needed to provide a loop for these tanks
that will strengthen the system as well as provide a back-up feed to the tanks if the 30" main is
down for maintenance. A route for this water line has been establish through the proposed
Regional Park Project which is on the south east side of Kessler Mountain. With the addition of
this water line, the Regional Park will also have access to provide domestic and fire flows to the
park development. The project includes approximately 6,500 linear feet of new 24 inch ductile
iron water main from the Kessler Mountain elevated water storage tanks to Cato Springs Road.
Under this contract, Garver, LLC will provide preliminary and final design and related services
for preliminary and final design and related services for the Kessler Mountain Water Main
Improvements Project. Garver, LLC will also provide property surveys, legal descriptions for
easements to be acquired, and related services to support property acquisition by the City. The
contract amount will not exceed $105,600.00.
BUDGET/STAFF IMPACT:
This contract will be paid from funds available in the Water and Sewer Fund.
Attachments:
Engineering Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 727€31
RESOLUTION NO.
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH GARVER, LLC FOR DESIGN SERVICES
FOR KESSLER MOUNTAIN WATER MAIN IMPROVEMENTS IN AN
AMOUNT NOT TO EXCEED $105,600.00, AND TO APPROVE 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 design
services for Kessler Mountain water main improvements in an amount not to exceed
$105,600.00.
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 20th day of May, 2014.
APPROVED:
an
LIONELD JORDAN, Mayor
ATTEST:
an
SONDRA E. SMITH, City Clerk/Treasurer
KESSLER MOUNTAIN WATER MAIN IMPROVEMENTS PROJECT
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of , 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 I - 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.
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:
Garver Contract — Professional Engineering Services 1 4/14/2014
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 his 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 Provide such professional legal, accounting, financial, and insurance counseling services
as may be required for the Project.
3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The City Engineer 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.
3.1.7 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 shall be based upon on a
Unit Price or Lump Sum basis as described in Appendix A.
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
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract — Professional Engineering Services 2 4/14/2014
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
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.
Garver Contract — Professional Engineering Services 3 4/14/2014
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.
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:
Garver Contract — Professional Engineering Services 4 4/14/2014
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 parry 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 Contract — Professional Engineering Services 5 4/14/2014
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
Garver Contract — Professional Engineering Services 6 4/14/2014
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 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,
disks of CADD drawings and cross sections, estimates, specification field notes, and 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, drawings, and specifications 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:
125 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
2049 E. Joyce Blvd, Suite 400
Fayetteville, Arkansas 72703
Garver Contract — Professional Engineering Services 7 4/14/2014
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 out of or relating to this Agreement or the breach thereof will be
Garver Contract — Professional Engineering Services 8 4/14/2014
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 contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
Garver Contract— Professional Engineering Services 9 4/14/2014
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
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS
BY:
Mayor, Lioneld Jordan
ATTEST:
By:
City Clerk
ENGINEER
Vice President, Scott Zotti
Digitally Signed
2014-04-1513:48-05:00
By: \ ��
Project Manager
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Garver Contract — Professional Engineering Services 10 4/14/2014
PRVE:R
APPENDIX A — SCOPE OF SERVICES
2.1 General
Generally, the scope of services includes surveying, environmental, design, preparation of property
acquisition documents, and bidding services for approximately 6,500 linear feet of new 24 inch ductile iron
water main from the Kessler Mountain elevated water storage tanks to Cato Springs Road in Fayetteville,
Arkansas.
2.2 Conceptual Design
GARVER will prepare plan and profile sheets at a 20 scale based upon GIS data and record drawings
provided by the CITY OF FAYETTEVILLE and field investigation by GARVER. The conceptual design
phase submittal drawings will include a cover sheet, sheet index, and plan and profiles with aerial
photography. The drawings will show master plan regional park facilities, master plan roads and master
plan trails already planned by the CITY OF FAYETTEVILLE. The drawings will represent approximately
30 percent of the final construction plans and exclude details and erosion control. GARVER will prepare
an opinion of probable construction cost. GARVER will not begin surveys and environmental until the
conceptual design is approved by the CITY OF FAYETTEVILLE in writing.
2.3 Surveys
2.3.1 Design Surveys
GARVER will provide field survey data for designing the project, and this survey will be tied to the CITY
OF FAYETTEVILLE'S control network. Survey data from the Fayetteville Regional Park will be used and
supplemented with new surveys, approximately 0.5 mile, from the regional park to the elevated water
storage tanks.
GARVER will conduct field surveys, utilizing radial topography and GPS methods, at intervals and for
distances at and/or along the project site as appropriate for modeling the existing ground, including locations
of pertinent features or improvements. GARVER will locate buildings and other structures, streets, drainage
features, tree lines, visible utilities as well as those underground utilities marked by the CITY OF
FAYETTEVILLE and ARKUPS, and any other pertinent topographic features that may be present at and/or
along the project site. GARVER will establish control points for use during construction.
2.3.2 Property Surveys
GARVER will locate existing monumentation representing right of way and/or easements based on record
data which will be provided by an abstractor under a subconsultant agreement with GARVER. Property
surveys from the Fayetteville Regional Park will be used and supplemented with new property surveys
from the regional park to the elevated water storage tanks.
2.4 Geotechnical Services — Not Used
2.5 Environmental Services
GARVER will perform wetland delineation for the entire project outside the Fayetteville Regional Park.
GARVER will prepare a wetland report and submit to the US Army Corps of Engineers (USACE)
requesting a jurisdictional determination if required. If USACE requires mitigation, a mitigation plan and
approval is considered Extra Work outside this agreement. GARVER will also request authorization to
proceed under a Nationwide 404 permit. If an individual 404 permit is required, it shall be considered
Appendix A - Scope of Services 1 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
PRVER
Extra Work outside this agreement. For stream crossings, the CITY OF FAYETTEVILLE will notify the
Arkansas Department of Environmental Quality (ADEQ) during construction, and the CITY OF
FAYETTEVILLE will pay all permitting fees for the Short Term Activity Authorization (STAR) outside this
agreement. GARVER will note stream crossings on construction drawings. GARVER will prepare and
submit initial clearance letters from the US Fish and Wildlife Service (USFWS) and the State Historic
Preservation Office (SHPO). If USFWS or SHPO requires a cultural resource survey, an endangered
species survey, or any other items, this shall be considered Extra Work outside this agreement.
GARVER will prepare a Stormwater Pollution Prevention Plan (SWPPP). Surface disturbance will be
limited to less than 5 acres. As such, submittal of the SWPPP and fee to ADEQ is considered Extra
Work.
2.6 Preliminary Design
The preliminary design phase submittal will include all drawings including plan and profiles at a 20 scale,
details, erosion control, and an opinion of probable construction cost. The preliminary design phase will
represent approximately 75 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 CITY OF FAYETTEVILLE in writing. GARVER will coordinate and
furnish preliminary drawings to affected utilities upon approval by the CITY OF FAYETTEVILLE.
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. GARVER will also make final field inspection
with CITY OF FAYETTEVILLE, make any needed plan changes as a result of the final field inspection
and/or special easement acquisition considerations, and prepare the construction documents as required to
advertise for bids. GARVER will coordinate and submit plans to the Arkansas Department of Health and
pay the review fee.
2.8 Property Acquisition Documents
GARVER will provide mapping as required for preparing easement acquisition documents for the CITY
OF FAYETTEVILLE's use in acquiring the property. Documentation will include an individual tract map
with description of temporary and permanent acquisition for each property. The fee for providing property
acquisition documentation is based on permanent easement and temporary construction easements for
no more than 3 properties. Property acquisition document preparation will begin after receiving the CITY
OF FAYETTEVILLE's comments from the Preliminary Design review.
2.9 Bidding Services
During the bidding phase of the project, GARVER will:
1. Prepare and submit Advertisement for Bids to the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will advertise in the newspaper, and GARVER will advertise on GARVER's on-line
plan room.
2. Dispense construction contract documents to prospective bidders using GARVER's on-line plan
room.
3. Support the contract documents by preparing addenda as appropriate.
4. Conduct a pre -bid meeting.
5. Attend the bid opening.
6. Prepare bid tabulation.
7. Evaluate bids and recommend award.
Appendix A - Scope of Services 2 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
RVER
8. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and contractor.
2.10 Construction Phase Services
Contruction Phase Services are excluded and may be added by amendment as approved by the CITY
OF FAYETTEVILLE and GARVER. Any work beyond preparing the construction contract documents for
execution is considered Extra Work. In the event GARVER's Scope of Services under this agreement is
not amended to include construction phase services, the CITY OF FAYETTEVILLE assumes all
responsibility for interpretation of the Construction Contract Documents and for construction observation
and supervision and waives any claims against GARVER that may be in any way connected thereto.
In addition, the CITY OF FAYETTEVILLE agrees, to the fullest extent permitted by law, to indemnify and
hold GARVER harmless from any loss, claim or cost, including reasonable attorneys' fees and costs of
defense, arising or resulting from the performance of such services by other persons or entities and from
any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made
to the Construction Contract Documents to reflect changed field or other conditions, except for claims
arising from the sole negligence or willful misconduct of GARVER.
2.11 Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE, or others as indicated, by GARVER:
1. Three copies of the Conceptual Design and opinion of probable construction cost
2. Electronic copies of all correspondence
3. Three copies of the Preliminary Design, specifications, and opinion of probable construction cost.
4. Three copies and electronic copy of the easement acquisition documents
5. Three copies of the Final Design, specifications, and opinion of probable construction cost.
6. Electronic copies of preliminary and final plans to each potentially affected utility company.
7. One copy of the issued for bid documents
8. Three copies of the contract documents for execution by CITY OF FAYETTEVILLE and
contractor
9. 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 CITY OF FAYETTEVILLE'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. Geotechnical services.
4. Design of any utilities relocation other than water.
5. Retaining walls or other significant structural design beyond that required for water main.
6. Construction materials testing.
7. Water tank coating inspection, tank mixing improvements, and any other water tank improvements
beyond connection of new water main.
8. Hydraulic modeling.
9. Coordination with FEMA.
10. All construction services (notice to proceed, preconstruction conference, submittals, RFI's, RFP's,
change orders, pay estimates, progress meetings, testing, inspection, closeout, record drawings,
etc.)
11. Services after construction, such as warranty follow-up, operations support, etc.
12. AHTD Utility Permit.
Appendix A - Scope of Services 3 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
+�xARVIER'.
13. Preparation of an individual 404 permit, wetlands mitigation, cultural resource survey, and work of
any kind beyond request for clearance from USFWS and SHPO.
14. SWPPP permit fee and submittal to ADEQ.
15. ADEQ STAA.
Extra Work will be as directed by the CITY OF FAYETTEVILLE in writing for an additional fee as agreed
upon by the CITY OF FAYETTEVILLE and GARVER.
2.15 Schedule
GARVER shall begin work under this Agreement within ten (10) days of a Notice to
Proceed and shall complete the work in accordance with the schedule below:
Phase Description Calendar Days
Conceptual Design 30 days from start date
Design and Property Surveys
Preliminary Design
Property Acquisition Documents
Final Design
3.1 Payment
21 days from approval of Conceptual Design
45 days from approval of Conceptual Design and
completion of survey herein and survey for Fayetteville
Regional Park
14 days from approval of Preliminary Design
30 days from approval of Preliminary Design contingent
upon Fayetteville Regional Park design
For the work described herein (except for property record research and as may be modified for additional
services required), the CITY OF FAYETTEVILLE will pay GARVER on an hourly rate basis. The CITY OF
FAYETTEVILLE represents that funding sources are in place with the available funds necessary to pay
GARVER.
If any payment due GARVER under this agreement is not received within 60 days from date of invoice,
GARVER may elect to suspend services under this agreement without penalty or liquidated damages
assessed from the CITY OF FAYETTEVILLE.
The table below presents a summary of the fee amounts and fee types for this contract.
WORK DESCRIPTION
FEE AMOUNT
FEE TYPE
Conceptual Design
$18,800
Hourly Rate +
Expenses
Surveys (Including ARKUPS and Record
Research
$14,700
Environmental
$3,800
Preliminary Design
$31,100
Final Design(including ADH Fee
$22,500
Property Acquisition
$4,200
Bidding Services
$10,500
TOTAL FEE
$105,600
Appendix A - Scope of Services 4 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
RVER
The CITY OF FAYETTEVILLE will pay GARVER, for time spent on the project, at the rates shown in
Appendix B for each classification of GARVER's personnel (may include contract staff classified at
GARVER's discretion) plus reimbursable expenses including but not limited to printing, courier service,
reproduction, and travel. The total amount paid to GARVER under this agreement is estimated to be
$105,600. The actual total fee may not exceed this estimate without authorization from the CITY OF
FAYETTEVILLE. The rates shown in Appendix B will be increased 4% annually with the first increase
effective on or about June 1, 2015. In conjunction with the annual rate increase, any unused portion of
the total fee will be increased 4% annually on or about June 1, 2015. Underruns in any phase may be
used to offset overruns in another phase as long as the overall contract amount is not exceeded.
Expenses other than salary costs that are directly attributable to performance of our professional services
will be billed as follows:
1. Direct cost for travel, long distance and wireless communications, outside reproduction and
presentation material preparation, and mail/courier expenses.
2. Direct cost for subcontract/subconsultant fees.
3. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc.
4. The amount allowed by the federal government for mileage with an additional $0.05 for survey
trucks/vans.
5. $20 per hour for GPS survey equipment use for Environmental Services only, excludes design
and property surveys.
6. Direct cost for ARKUPS and ADH review fee.
The CITY OF FAYETTEVILLE will pay GARVER on a monthly basis, based upon statements submitted
by GARVER to the CITY OF FAYETTEVILLE for the scope of services described in this agreement.
Payments not received within 60 days of invoice date will be subject to a one percent monthly simple
interest charge.
As directed by the CITY OF FAYETTEVILLE, some billable work may have been performed by GARVER
prior to execution of this agreement. Payment for this work will be made in accordance with the fee
arrangement established herein, as approved by the CITY OF FAYETTEVILLE.
Additional Services (Extra Work). For work not described or included herein but requested by the CITY OF
FAYETTEVILLE in writing, the CITY OF FAYETTEVILLE will pay GARVER, for time spent on the project, at
the rates shown in Appendix B for each classification of GARVER's personnel (may include contract staff
classified at GARVER's discretion) plus reimbursable expenses including but not limited to printing, courier
service, reproduction, and travel. The rates shown in Appendix B will be increased 4% annually with the
first increase effective on or about June 1, 2015.
Appendix A - Scope of Services 5 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
APPENDIX B - Garver Hourly Rate Schedule
Water Main Improvements
Kessler Mountain to Cato Springs Road
Classification
Rates
�girseers rc i ec ���
E-1........ .................................................................
$ 92.00
E-2................................................................................
$ 106.00
E-3................................................................................
$ 129.00
E-4................................................................................
$ 155.00
E-5................................................................................
$ 183.00
E-6................................................................................
$ 228.00
M-1...............................................................................
$ 300.00
Plan�teis I,EnVIrDiiTiiB�tat SlieClallSt x
P-1...............................................................................
$ 108.00
P-2................................................................................
$ 137.00
TQesgners4 �'�
D-1................................................................................
$ 84.00
D-2................................................................................
$ 99.00
D-3................................................................................
$ 116.00
D-4................................................................................
$ 138.00
T-1................................................................................
$ 66.00
T-2................................................................................
$ 84.00
T-3................................................................................
$ 102.00
uweyars A7-7
S-1................................................................................
$ 41.00
S-2................................................................................
$ 54.00
S-3................................................................................
$ 71.00
S-4................................................................................
$ 100.00
S-5................................................................................
$ 150.00
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 (GPS Survey) .................................................
$ 230.00
C-1................................................................................
$ 80.00
C-2................................................................................
$ 103.00
C-3................................................................................
$ 126.00
C-4................................................................................
$ 163.00
MW1111I8I1.
X-1................................................................................ $ 52.00
X-2................................................................................ $ 71.00
X-3................................................................................ $ 99.00
X-4................................................................................ $ 135.00
Agreement for Professional Services
Water Main Improvements - Kessler Mountain to Cato Springs Road Garver Project No. 14048020
APPENDIX B - Garver Hourly Rate Schedule
CITY OF FAYETTEVILLE
WATER Main Improvements - Kessler Mountain to Cato Springs Road
FINAL DESIGN
WORK TASK DESCRIPTION
E-3
E-2
E-1
T 2
S-4
Select
Category -
- Select
Category -
$129.00
$106.00
$92.00
$84.00
$100.00
$0.00
$0.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Project Management and Administration
12
General Notes, Survey Control
1
2
Plan & Profile Drawings (13 Sheets)
4
20
30
Construction Details
1
4
8
2
Erosion Control Plans and Details
1
4
8
Regional Park Coordination
8
8
16
Coordination with Fayetteville
8
Opinion of Probable Construction Cost
2
4
Front End and Technical Specifications
4
8
Workshop with Fayetteville
8
Utility Coordination
2
ADH Coordination
2
ADL Coordination
1
Final Field Inspections
4
Easement Considerations
4
8
Final Fayetteville Changes
4
8
Subtotal - Civil Engineering
66
32
18
78
2
0
0
2. Structural Engineering
Retaining Wall Layout/Elevations
Bridge
Structural Details
Structural Specifications
Subtotal - Structural Engineering
0
0
0
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours
66 32 18 78 2 0 0
Salary Costs $8,514.00 $3,392.00 $1,656.00 $6,552.00 $200.00 $0.00 $0.00
SUBTOTAL - SALARIES: $20,314.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $1,636.00
Postage/Freight/Courier
$0.00
Office Supplies/Equipment
$0.00
Communications
$0.00
ADH Review Fee
$500.00
Aerial Photography
$0.00
GPS Equipment
$0.00
Computer Modeling/Software Use
$0.00
Traffic Counting Equipment
$0.00
Locator/Tracer/Thermal Imager Equipment
$0.00
Travel Costs
$50.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $2,186.00
SUBTOTAL: $22,500.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $22,500.00
APPENDIX B - Garver Hourly Rate Schedule
CITY OF FAYETTEVILLE
WATER Main Improvements - Kessler Mountain to Cato Springs Road
FINAL DESIGN
WORK TASK DESCRIPTION
E-3
E-2
E-1
T-2
S-4
- Select
Category-
- Select
Category -
$129.00
$106.00
$92.00
$84.00
$100.00
$0.00
$0.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Project Management and Administration
12
General Notes, Survey Control
1
2
Plan & Profile Drawings (13 Sheets)
4
1 20
30
Construction Details
1
4
8
2
Erosion Control Plans and Details
1
4
8
Regional Park Coordination
8
-
8
16
Coordination with Fayetteville
8
Opinion of Probable Construction Cost
2
4
Front End and Technical Specifications
4
8
Workshopwith Fayetteville
8
Utility Coordination
2
ADH Coordination
2
ADL Coordination
1
Final Field Inspections
4
Easement Considerations
4
8
Final Fayetteville Changes
4
8
Subtotal - Civil Engineering
66
32
18
78
2
0
0
2. Structural Engineering
Retaining Wall Layout/Elevations
Bridge
Structural Details
Structural Specifications
Subtotal - Structural Engineering
0
0
0
0
0
0
0
3. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
4. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours 66 32 18 78 2 0
Salary Costs $8,514.00 $3,392.00 $1,656.00 $6,552.00 $200.00 $0.00 $0.00
SUBTOTAL - SALARIES: $20,314.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $1,636.00
Postage/Freight/Courier
$0.00
Office Supplies/Equipment
$0.00
Communications
$0.00
ADH Review Fee
$500.00
Aerial Photography
$0.00
GPS Equipment
$0.00
Computer Modeling/Software Use
$0.00
Traffic Counting Equipment
$0.00
Locator/Tracer/Thermal Imager Equipment
$0.00
Travel Costs
$50.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$2,186.00
SUBTOTAL: $22,500.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $22,600.00
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of MR-, 2014, by and between City of Fayetteville,
Arkansas, acting by and through its May r (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.
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:
Garver Contract — Professional Engineering Services 1 4/14/2014
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 his 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 Provide such professional legal, accounting, financial, and insurance counseling services
as may be required for the Project.
3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The City Engineer 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.
3.1.7 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 shall be based upon on a
Unit Price or Lump Sum basis as described in Appendix A.
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
Proj ect.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract — Professional Engineering Services 2 4/ 14/2014
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:
Tyne 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
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.
Garver Contract — Professional Engineering Services 3 4/ 14/2014
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.
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:
Garver Contract — Professional Engineering Services 4 4/14/2014
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 Contract — Professional Engineering Services 5 4/14/2014
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
Garver Contract — Professional Engineering Services 6 4/14/2014
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 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,
disks of CADD drawings and cross sections, estimates, specification field notes, and 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, drawings, and specifications 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:
125 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
2049 E. Joyce Blvd, Suite 400
Fayetteville, Arkansas 72703
Garver Contract — Professional Engineering Services 1 4/14/2014
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 parry 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 out of or relating to this Agreement or the breach thereof will be
Garver Contract — Professional Engineering Services 8 4/14/2014
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 contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
Garver Contract — Professional Engineering Services 9 4/14/2014
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
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAXETTE VILLT, ARKANSAS
ATTEST:
By: Aa'e"�'&
City Clerk
DAT!`-TXTEUD
Project Manager
%RK / 7
15
FAYETTEVILLEOF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
:9iP •9 ff � S AN
G To N
Garver ontract — Professional Engineering Services 10 5/23/2014
GARVER
APPENDIX A — SCOPE OF SERVICES
2.1 General
Generally, the scope of services includes surveying, environmental, design, preparation of property
acquisition documents, and bidding services for approximately 6,500 linear feet of new 24 inch ductile iron
water main from the Kessler Mountain elevated water storage tanks to Cato Springs Road in Fayetteville,
Arkansas.
2.2 Conceptual Design
GARVER will prepare plan and profile sheets at a 20 scale based upon GIS data and record drawings
provided by the CITY OF FAYETTEVILLE and field investigation by GARVER. The conceptual design
phase submittal drawings will include a cover sheet, sheet index, and plan and profiles with aerial
photography. The drawings will show master plan regional park facilities, master plan roads and master
plan trails already planned by the CITY OF FAYETTEVILLE. The drawings will represent approximately
30 percent of the final construction plans and exclude details and erosion control. GARVER will prepare
an opinion of probable construction cost. GARVER will not begin surveys and environmental until the
conceptual design is approved by the CITY OF FAYETTEVILLE in writing.
2.3 Surveys
2.3.1 Design Surveys
GARVER will provide field survey data for designing the project, and this survey will be tied to the CITY
OF FAYETTEVILLE'S control network. Survey data from the Fayetteville Regional Park will be used and
supplemented with new surveys, approximately 0.5 mile, from the regional park to the elevated water
storage tanks.
GARVER will conduct field surveys, utilizing radial topography and GPS methods, at intervals and for
distances at and/or along the project site as appropriate for modeling the existing ground, including locations
of pertinent features or improvements. GARVER will locate buildings and other structures, streets, drainage
features, tree lines, visible utilities as well as those underground utilities marked by the CITY OF
FAYETTEVILLE and ARKUPS, and any other pertinent topographic features that may be present at and/or
along the project site. GARVER will establish control points for use during construction.
2.3.2 Property Surveys
GARVER will locate existing monumentation representing right of way and/or easements based on record
data which will be provided by an abstractor under a subconsultant agreement with GARVER. Property
surveys from the Fayetteville Regional Park will be used and supplemented with new property surveys
from the regional park to the elevated water storage tanks.
2.4 Geotechnical Services — Not Used
2.5 Environmental Services
GARVER will perform wetland delineation for the entire project outside the Fayetteville Regional Park.
GARVER will prepare a wetland report and submit to the US Army Corps of Engineers (USACE)
requesting a jurisdictional determination if required. If USACE requires mitigation, a mitigation plan and
approval is considered Extra Work outside this agreement. GARVER will also request authorization to
proceed under a Nationwide 404 permit. If an individual 404 permit is required, it shall be considered
Appendix A - Scope of Services 1 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
CARR
VE
Extra Work outside this agreement. For stream crossings, the CITY OF FAYETTEVILLE will notify the
Arkansas Department of Environmental Quality (ADEQ) during construction, and the CITY OF
FAYETTEVILLE will pay all permitting fees for the Short Term Activity Authorization (STAA) outside this
agreement. GARVER will note stream crossings on construction drawings. GARVER will prepare and
submit initial clearance letters from the US Fish and Wildlife Service (USFWS) and the State Historic
Preservation Office (SHPO). If USFWS or SHPO requires a cultural resource survey, an endangered
species survey, or any other items, this shall be considered Extra Work outside this agreement.
GARVER will prepare a Stormwater Pollution Prevention Plan (SWPPP). Surface disturbance will be
limited to less than 5 acres. As such, submittal of the SWPPP and fee to ADEQ is considered Extra
Work.
2.6 Preliminary Design
The preliminary design phase submittal will include all drawings including plan and profiles at a 20 scale,
details, erosion control, and an opinion of probable construction cost. The preliminary design phase will
represent approximately 75 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 CITY OF FAYETTEVILLE in writing. GARVER will coordinate and
furnish preliminary drawings to affected utilities upon approval by the CITY OF FAYETTEVILLE.
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. GARVER will also make final field inspection
with CITY OF FAYETTEVILLE, make any needed plan changes as a result of the final field inspection
and/or special easement acquisition considerations, and prepare the construction documents as required to
advertise for bids. GARVER will coordinate and submit plans to the Arkansas Department of Health and
pay the review fee.
2.8 Property Acquisition Documents
GARVER will provide mapping as required for preparing easement acquisition documents for the CITY
OF FAYETTEVILLE's use in acquiring the property. Documentation will include an individual tract map
with description of temporary and permanent acquisition for each property. The fee for providing property
acquisition documentation is based on permanent easement and temporary construction easements for
no more than 3 properties. Property acquisition document preparation will begin after receiving the CITY
OF FAYETTEVILLE's comments from the Preliminary Design review.
2.9 Bidding Services
During the bidding phase of the project, GARVER will:
1. Prepare and submit Advertisement for Bids to the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will advertise in the newspaper, and GARVER will advertise on GARVER's on-line
plan room.
2. Dispense construction contract documents to prospective bidders using GARVER's on-line plan
room.
3. Support the contract documents by preparing addenda as appropriate.
4. Conduct a pre -bid meeting.
5. Attend the bid opening.
6. Prepare bid tabulation.
7. Evaluate bids and recommend award.
Appendix A - Scope of Services 2 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
8. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and contractor.
2.10 Construction Phase Services
Contruction Phase Services are excluded and may be added by amendment as approved by the CITY
OF FAYETTEVILLE and GARVER. Any work beyond preparing the construction contract documents for
execution is considered Extra Work. In the event GARVER's Scope of Services under this agreement is
not amended to include construction phase services, the CITY OF FAYETTEVILLE assumes all
responsibility for interpretation of the Construction Contract Documents and for construction observation
and supervision and waives any claims against GARVER that may be in any way connected thereto.
In addition, the CITY OF FAYETTEVILLE agrees, to the fullest extent permitted by law, to indemnify and
hold GARVER harmless from any loss, claim or cost, including reasonable attorneys' fees and costs of
defense, arising or resulting from the performance of such services by other persons or entities and from
any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made
to the Construction Contract Documents to reflect changed field or other conditions, except for claims
arising from the sole negligence or willful misconduct of GARVER.
2.11 Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE, or others as indicated, by GARVER:
1. Three copies of the Conceptual Design and opinion of probable construction cost
2. Electronic copies of all correspondence
3. Three copies of the Preliminary Design, specifications, and opinion of probable construction cost.
4. Three copies and electronic copy of the easement acquisition documents
5. Three copies of the Final Design, specifications, and opinion of probable construction cost.
6. Electronic copies of preliminary and final plans to each potentially affected utility company.
7. One copy of the issued for bid documents
8. Three copies of the contract documents for execution by CITY OF FAYETTEVILLE and
contractor
9. 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 CITY OF FAYETTEVILLE'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. Geotechnical services.
4. Design of any utilities relocation other than water.
5. Retaining walls or other significant structural design beyond that required for water main.
6. Construction materials testing.
7. Water tank coating inspection, tank mixing improvements, and any other water tank improvements
beyond connection of new water main.
8. Hydraulic modeling.
9. Coordination with FEMA.
10. All construction services (notice to proceed, preconstruction conference, submittals, RFI's, RFP's,
change orders, pay estimates, progress meetings, testing, inspection, closeout, record drawings,
etc.)
11. Services after construction, such as warranty follow-up, operations support, etc.
12. AHTD Utility Permit.
Appendix A - Scope of Services 3 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
CARVER
13. Preparation of an individual 404 permit, wetlands mitigation, cultural resource survey, and work of
any kind beyond request for clearance from USFWS and SHPO.
14. SWPPP permit fee and submittal to ADEQ.
15. ADEQ STAA.
Extra Work will be as directed by the CITY OF FAYETTEVILLE in writing for an additional fee as agreed
upon by the CITY OF FAYETTEVILLE and GARVER.
2.15 Schedule
GARVER shall begin work under this Agreement within ten (10) days of a Notice to
Proceed and shall complete the work in accordance with the schedule below:
Phase Description Calendar Days
Conceptual Design 30 days from start date
Design and Property Surveys
Preliminary Design
Property Acquisition Documents
Final Design
3.1 Payment
21 days from approval of Conceptual Design
45 days from approval of Conceptual Design and
completion of survey herein and survey for Fayetteville
Regional Park
14 days from approval of Preliminary Design
30 days from approval of Preliminary Design contingent
upon Fayetteville Regional Park design
For the work described herein (except for property record research and as may be modified for additional
services required), the CITY OF FAYETTEVILLE will pay GARVER on an hourly rate basis. The CITY OF
FAYETTEVILLE represents that funding sources are in place with the available funds necessary to pay
GARVER.
If any payment due GARVER under this agreement is not received within 60 days from date of invoice,
GARVER may elect to suspend services under this agreement without penalty or liquidated damages
assessed from the CITY OF FAYETTEVILLE.
The table below presents a summary of the fee amounts and fee types for this contract.
WORK DESCRIPTION
FEE AMOUNT
FEE TYPE
Conceptual Design
$18,800
Hourly Rate +
Expenses
Surveys (Including ARKUPS and Record
Research
$14,700
Environmental
$3,800
Prelimina Design
$31,100
Final Design(Including ADH Fee
$22,500
Property Acquisition
$4,200
Bidding Services
$10,500
TOTAL FEE
$105,600
Appendix A - Scope of Services 4 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
U1
GARVER
The CITY OF FAYETTEVILLE will pay GARVER, for time spent on the project, at the rates shown in
Appendix B for each classification of GARVER's personnel (may include contract staff classified at
GARVER's discretion) plus reimbursable expenses including but not limited to printing, courier service,
reproduction, and travel. The total amount paid to GARVER under this agreement is estimated to be
$105,600. The actual total fee may not exceed this estimate without authorization from the CITY OF
FAYETTEVILLE. The rates shown in Appendix B will be increased 4% annually with the first increase
effective on or about June 1, 2015. In conjunction with the annual rate increase, any unused portion of
the total fee will be increased 4% annually on or about June 1, 2015. Underruns in any phase may be
used to offset overruns in another phase as long as the overall contract amount is not exceeded.
Expenses other than salary costs that are directly attributable to performance of our professional services
will be billed as follows:
1. Direct cost for travel, long distance and wireless communications, outside reproduction and
presentation material preparation, and mail/courier expenses.
2. Direct cost for subcontract/subconsultant fees.
3. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc.
4. The amount allowed by the federal government for mileage with an additional $0.05 for survey
trucks/vans.
5. $20 per hour for GPS survey equipment use for Environmental Services only, excludes design
and property surveys.
6. Direct cost for ARKUPS and ADH review fee.
The CITY OF FAYETTEVILLE will pay GARVER on a monthly basis, based upon statements submitted
by GARVER to the CITY OF FAYETTEVILLE for the scope of services described in this agreement.
Payments not received within 60 days of invoice date will be subject to a one percent monthly simple
interest charge.
As directed by the CITY OF FAYETTEVILLE, some billable work may have been performed by GARVER
prior to execution of this agreement. Payment for this work will be made in accordance with the fee
arrangement established herein, as approved by the CITY OF FAYETTEVILLE.
Additional Services (Extra Work). For work not described or included herein but requested by the CITY OF
FAYETTEVILLE in writing, the CITY OF FAYETTEVILLE will pay GARVER, for time spent on the project, at
the rates shown in Appendix B for each classification of GARVER's personnel (may include contract staff
classified at GARVER's discretion) plus reimbursable expenses including but not limited to printing, courier
service, reproduction, and travel. The rates shown in Appendix B will be increased 4% annually with the
first increase effective on or about June 1, 2015.
Appendix A - Scope of Services 5 of 5 14048020
Water Main Improvements
Kessler Mountain to Cato Springs Road
:3
APPENDIX B - Garver Hourly Rate Schedule
Water Main Improvements
Kessler Mountain to Cato Springs Road
Classification
Rates
ngneers fArchitects
E-1 ........ .................. .................. ..........................
$ 92.00
E-2................................................................................
$ 106.00
E-3................................................................................
$ 129.00
E-4................................................................................
$ 155.00
E-5................................................................................
$ 183.00
E-6................................................................................
$ 228.00
M-1...............................................................................
$ 300.00
Planners 1 Environmental Specialist
P-1 ....... .................................................................
$ 108.00
P-2................................................................................
$ 137.00
Designers
D-1...............................................................................
$ 84.00
D-2...............................................................................
$ 99.00
D-3...............................................................................
$ 116.00
D-4...............................................................................
$ 138.00
Technicians `
T-1 ........ ................. ........ ........ .......................
$ 66.00'.
T-2................................................................................
$ 84.00
T-3................................................................................
$ 102.00
Surveyors
S-1................................................................................
$ 41.00
S-2................................................................................
$ 54.00
S-3................................................................................
$ 71.00
S-4................................................................................
$ 100.00
S-5................................................................................
$ 150.00
S-6................................................................................
$ 163.00
2-Man Crew (Survey)........................................................
$ 169.00
3-Man Crew (Survey)........................................................
$ 210.00
2-Man Crew (GIPS Survey) .................................................
$ 189.00
3-Man Crew (GPS Survey) ................................................. $ 230.00
Construction Observation '
C-1 ........ ......... .................. ..................
............... $ 80.00
C-2...............................................................................
$ 103.00
C-3...............................................................................
$ 126.00
C-4...............................................................................
$ 163.00
M-1 $ 300.00
X-1 ........................................................................... $ 52.00
X-2................................................................................ $ 71.00
X-3................................................................................ $ 99.00
X-4................................................................................ $ 135.00
Agreement for Professional Services
Water Main Improvements - Kessler Mountain to Cato Springs Road Garver Project No. 14048020