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HomeMy WebLinkAbout89-15 RESOLUTIONRESOLUTION NO. 89-15 A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC FOR ENGINEERING SERVICES FOR THE AIRPORT, TO APPROVE TASK ORDER NO. 1 FOR ON-CALL ENGINEERING AND SURVEYING SERVICES FOR THE AIRPORT IN AN AMOUNT NOT TO EXCEED $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Federal Aviation Administration requires the airport to contract with an airport engineering consultant for engineering services in order to qualify for United States Department of Transportation Airport Improvement grants. NOW, THEREFORE, 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 engineering services for the airport with services to be rendered based on amendments to the Agreement or specific task orders. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves Task Order No. 1 in an amount not to exceed $20,000.00 for on-call engineering and surveying services. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in connection with Task Order No. 1, a copy of which is attached to this Resolution and made a part hereof. PASSED and APPROVED this 21" day of April, 2015. ATTEST: By: 444a, SONDRA E. SMITH, City Clerk Treasurer a\ G�+ ��fegRF9/rf OT �. EV1L�E� :v • vb %,f Be�N, V yl� p�,l N S City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 p - (479) 575-8323 Text File File Number: 2015-0185 Agenda Date: 4/21/2015 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 GARVER, LLC PROFESSIONAL ENGINEERING SERVICES AGREEMENT A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC FOR ENGINEERING SERVICES FOR THE AIRPORT, TO APPROVE TASK ORDER NO. 1 FOR ON-CALL ENGINEERING AND SURVEYING SERVICES FOR THE AIRPORT IN AN AMOUNT NOT TO EXCEED $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Federal Aviation Administration requires the airport to contract with an airport engineering consultant for engineering services in order to qualify for United States Department of Transportation Airport Improvement grants. NOW, THEREFORE, 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 engineering services for the airport with services to be rendered based on amendments to the Agreement or specific task orders. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves Task Order No. 1 in an amount not to exceed $20,000.00 for on-call engineering and surveying services. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in connection with Task Order No. 1, a copy of which is attached to this Resolution and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 1011312015 City of Fayetteville Staff Review Form 2015-0185 I_egistar Fife ID 4/2,/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Aviation / Jahn Roscoe 4/3/2015 Transportation Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of and signature of the Mayor, attested by the City Clerk, for an Agreement for Professional Engineering Services with Garver LLC., C/O Adam T. White, 2049 East Joyce Blvd, Fayetteville, AR, 72703, 479-527-9100, ATWhite@GarverUSA.com. Approval of and signature of the Mayor, attested by the City Clerk, for Task Order 01, which provides for on-call services by the Consultant, not to exceed $20,000. Approval of a Budget Adjustment. 5550.3960.5314.00 Account Number 15029 1 Project ]Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Airport Fund Airport Engineering Consultant Services Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 20,000.00 $ 20,000.00 $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date:' t CITY OF 7ayp 0 P 1rtp—v,�VAANSAS MEETING OF APRIL 21, 2015 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Staff/Contract Review Committee Terry Gulley, Transportation Director FROM; John Roscoe, Airport Directo DATE: 413115 CITY COUNCIL AGENDA MEMO SUBJECT: Engineering Agreement and Task Order 01 with Garver LL Legistar Item # 2015-0185 RECOMMENDATION: a) Approval of and signature of the Mayor, attested by the City Clerk, for an "Agreement for Professional Engineering Services" with Garver LLC. b) Approval of and signature of the Mayor, attested by the City Clerk, for "Task Order 01," that provides for on-call services by the Consultant, not to exceed $20,000. c) Approval of a Budget Adjustment, BACKGROUND: In order to qualify for Department of Transportation, Airport Improvement Program (AIP) grants, The Federal Aviation Administration (FAA) requires airports to contract with an Airport Engineering Consultant to provide engineering services to the airport. Specific projects assigned to the engineer are issued as Task Orders to be approved individually contingent upon available funding and budget approval DISCUSSION: A Request for qualifications was issued BUDGETISTAFF IMPACT: The Agreement for Professional Engineering Services is not an expense in and of itself. However, Task Order 01 commits up to $20,000 from the Airport Fund Balance that may be reimbursable by FAA and State grants as project formulation costs if they are part of an approved, grant -funded project. Attachments: SRF, SRM, Budget Adjustment Agreement for Professional Engineering Services Task Order 01 Purchase Request Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER LLC THIS AGREEMENT is made as of 1 , 2015, by and between City of Fayetteville, Arkansas, acting by and thrdugh its Mayor (hereinafter called CITY OF FAYETTEVILLE) and GARVER LLC (hereinafter called GARVER). 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 GARVER in consideration of their mutual covenants agree as follows: GARVER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of GARVER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 2 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of GARVER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of GARVER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 3 - BASIC SERVICES OF GARVER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by GARVER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 GARVER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. GARVER and CITY OF FAYETTEVILLE agree that GARVER has full responsibility for the engineering services. Agreement for Engineering Services - ATW Comments.doc I SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of GARVER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist GARVER by placing at GARVER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist GARVER in obtaining access to property reasonably necessary for GARVER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by GARVER and render in writing decisions pertaining thereto. 3.1.5 The Director, Fayetteville Executive Airport, is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Director, Fayetteville Executive Airport shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to GARVER in a timely manner. SECTION 5- PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. GARVER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is dependent upon each individual Task Order and as agreed upon by GARVER and the CITY OF FAYETTEVILLE. SECTION 6- PAYMENTS TO GARVER 5.1 The CITY OF FAYETTEVILLE shall compensate GARVER based on a Unit .Price or Lump Sum basis as described in Appendix A for each separate Task Order. 5.2 Statements 5.2.I Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with GARVER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by GARVER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied Agreement for Engineering Services - A"rW Comments.doc 2 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 GARVER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise GARVER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 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, GARVER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by GARVER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against GARVER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 7- CENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, GARVER will maintain (in United States Dollars) the following minimum insurance coverages; Type of Coverage Limits of Liability Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim GARVER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Agreement for Engineering Services - AIM Comments.doc 3 6.1.2 CITY OF FAYETTEVILLE and GARVER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of GARVER's services. 6.2 Professional Responsibility 6.2.1 GARVER will exercise reasonable skill, care, and diligence in the performance of GARVER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to GARVER any defects or suspected defects in GARVER's services of which CITY OF FAYETTEVILLE becomes aware, so that GARVER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of GARVER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by GARVER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on GARVER's experience, qualifications, and judgment as a design professional. Since GARVER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, GARVER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by GARVER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of GARVER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of GARVER. 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. Agreement for Engineering Services - ATW Comments.doc 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that GARVER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to GARVER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of GARVER's default. 6.5.4 If termination for default is effected by GARVER, 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 GARVER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by GARVER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5. l or 6.5.2 above, GARVER 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 GARVER 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 GARVER to fulfill contractual obligations, it is determined that GARVER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF 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 GARVER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond GARVER's reasonable control, GARVER shall be entitled to additional compensation and time for reasonable costs incurred by GARVER in temporarily closing down or delaying the Project. Agreement for Engineering Services - ATW Comments.doc 6.7 Rights and Benefits 6.7.I GARVER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 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 GARVER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or GARVER in the performance of this Agreement, and disputes concerning payment. 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 GARVER 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 GARVER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of GARVER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to GARVER for services rendered by GARVER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of GARVER's employees and the importance of GARVER's public relations, GARVER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to GARVER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to GARVER CITY OF FAYETTEVILLE may require Agreement for Engineering Services - ATW Comments.doc 6 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of GARVER's activities pertaining to any such publication shall be for GARVER'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 GARVER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. GARVER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by GARVER as part of the Services shall become the property of CITY OF FAYETTEVILLE when GARVER has been compensated for all Services rendered, provided, however, that GARVER shall have the unrestricted right to their use. GARVER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of GARVER. 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. GARVER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 GARVER's address: 2049 E Joyce Blvd; Suite 400 Fayetteville, AR 72703 Agreement for Engineering Services - A"rW Comments.doc 7 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and GARVER each binds himself and his successors,' executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor GARVER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 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 GARVER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to GARVER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by GARVER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. 6.17 FAA Certification and Contract Provisions 6.17.1 Required FAA engineering certifications and contract provisions can be found in Appendix B and Appendix C, respectively. SECTION 8- SPECIAL CONDITIONS 7.1 Additional Responsibilities of GA.RVER 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 GARVER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall 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 GARVER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by GARVER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE- furnished data. 7.1.3 GARVER's obligations under this clause are in addition to GARVER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against GARVER for faulty materials, equipment, or work. Agreement for Engineering Services - ATW Comments.doc 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 GARVER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 GARVER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. GARVER shall also maintain the financial information and data used by GARVER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. GARVER will provide proper facilities for such access and inspection. 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 GARVER; 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 GARVER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established Agreement for Engineering Services - ATW Comments.doc commercial or selling agencies maintained by GARVER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that GARVER or any of GARVER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to GARVER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 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 GARVER as it could pursue in the event of a breach of the Agreement by GARVER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplaiy damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs GARVER incurs in providing any such gratuities to any such officer or employee. 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, GARVER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and GARVER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OFF Yi`TTE E, RKAN S GARVERi��� � _ , Ma or, Lioneld J an ATTEST: /� By: _ JCJ� Title: Senior Vice President �o�t,;•Cy 0)4F F AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES v: FAYETiEVIILE;�= �. AgreementforEngineeingsrvices- ATWComments,doc 10 %� 'QkANSP•�� •�� APPENDIX A GENERAL SCOPE OF SERVICES DESCRIPTION OF THE PROJECTS I . Services, when requested by the CITY OF FAYETTEVILLE, will be described in specific Task Orders to this AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES. Additional services may be included as determined by the CITY OF FAYETTEVILLE by executing Amendments to this BASIC AGREEMENT or by specific Task Orders. 2. The services provided by GARVER are anticipated to include but not necessarily be limited to studies, investigations, reports, funding applications, design services, preparation of construction drawings and specifications, bidding services, and engineering services during construction related to: 2.1 T -Hangar Unit Expansion(s). 2.2 60x60 Small Corporate Hangars. 2.3 East Side Corporate Aprons. 2.4 Runway, Taxiway, and/or Apron Construction Projects 2.5 Individual Corporate Hangars and Parking Aprons. 2.6 GA Parking Aprons and Sunscreen Development. 2.7 Airport Security Improvement Projects. 2.8 Runway 16 RSA Project Continuation. 2.9 Extension of Lancaster Drive. 2.10 Airport Layout Plan Sheet Updates. 2.11 Maintenance and Rehabilitation of Pavements. 2.12 Airfield Marking. 2.13 Airfield Lighting. 2.14 Assistance in Grant Writing. 2.15 Interaction as requested with State Aeronautical Commission Authorities and the FAA. Agreement for Engineering Services - ATW Comments.doc 11 CERTIFICATION OF ENGINEER I hereby certify that I am Michael J Griffin am a duly authorized representative of the firm of GARVER, LLC, whose address is 2049 E Joyce Blvd, Suite 400, Fayetteville, AR 72704, and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me of the above consultant) to solicit or secure this contract; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; or (c) Paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any). I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation, in connection with this contract involving participation of Airport Improvement Program (AIP) funds and is subject to applicable State and Federal laws, both criminal and civil. GARVER, LLC DATE: Agreement for Engineering Services- ATW Comments.dot 12 APPENDIX C MANDATORY FEDERAL CONTRACT PROVISIONS 1. CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the Engineer, for itself, its assignees, and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: 1.1 Compliance with Regulations. The Engineer (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The Engineer will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by the Engineer of the Engineer's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 1.4 Information tion and Reports. The Engineer will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of an engineer is in the exclusive possession of another who fails or refuses to furnish the information, the Engineer will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of an engineer's noncompliance with the Non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: 1.5.1. Withholding of payments to the Engineer under the contract until the Engineer complies, and/or 1.5.2. Cancellation, termination, or suspension of the contract, in whole or in part. Agreement for Engineering Services - ATW Commenis.doc 13 1.6 Incorporation of Provisions. The Engineer will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Engineer will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Engineer becomes involved in, or is threatened with litigation by a subconsultant, or supplier because of such direction, the Engineer may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Engineer may request the United States to enter into the litigation to protect the interests of the United States. 2. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS The Engineer agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Engineers from the solicitation period throughthe completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. 3. DISADVANTAGED BUSINESS ENTERPRISES 3.1 Contract Assurance (§26.13): The Engineer or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Engineer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Engineer to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 3.2 Prompt Payment (§26.29): The Engineer agrees to pay each subconsultant under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the Engineer receives from the Sponsor. The Engineer agrees further to return retainage payments to each subconsultant within 30 days after the subconsultant's work is satisfactorily completed. Any delay or. postponement of payment Agreement for Engineering Services - ATW Comments.doc 14 from the above referenced time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non -DBE subconsultants. 4. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Engineer certifies by executing this contract, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Engineer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Joan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any finds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ACCESS TO RECORDS AND REPORTS The Engineer must maintain an acceptable cost accounting system. The Engineer agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Engineer agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 6. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Engineer or its subconsultants may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 7. RIGHTS TO INVENTIONS Agreement for Engineering Services - ATW Commenls.doc 15 All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. 8. TRADE RESTRICTION CLAUSE The Engineer or subconsultant, by submission of an offer and/or execution of a contract, certifies that it: 8.1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 8.2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; 8.3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an engineer or subconsultant who is unable to certify to the above. If the Engineer knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Engineer may rely on the certification of a prospective subconsultant unless it has knowledge that the certification is erroneous. The Engineer shall provide immediate written notice to the sponsor if the Engineer learns that its certification or that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The subconsultant agrees to provide written notice to the Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award, If it is later determined that the Engineer or subconsultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of an engineer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker Agreement for Cngineering Services - ATW Comnrents.doc 16 subject to prosecution under Title 18, United States Code, Section 1001. 9. TERMINATION OF CONTRACT 9.1. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. 9.2. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. 9.3. If the termination is due to failure to fulfill the Engineer's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Engineer is liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. 9.4. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Engineer had not so failed, the termination will be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided in paragraph 2 of this clause. 9.5. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION By executing this contract, the Engineer certifies that at the time the Engineer executes this contract that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Agreement for Engineering Services - A'rw Comments.doc 17 APPENDIX A -I TASK ORDER 01 AIRPORT ON -CALL SERVICES This TASK ORDER is made as of l , 2015 by and between the CITY OF FAYETTEVILLE of Fayetteville, Arkanss hereinafter referred to as "CITY OF FAYETTEVILLE," and GARVER, LLC, hereinafter referred to as "GARVER", in accordance with the provisions of the A. EEI�(I. N P ESS.IONAL ENGINEERING SERVICES executed on SECTION 1- SCOPE OF SERVICES GARVER will provide on -call professional engineering and surveying services for Fayetteville Executive Airport. GARVER will perform duties as directed by the CITY OF FAYETTEVILLE and agreed to by GARVER. Work beyond the not to exceed amount below is considered extra work. SECTION 2— PAYMENT For the work described under SECTION I - SCOPE OF SERVICES the CITY OF FAYETTEVILLE will pay GARVER, for time spent on the project, at the unburdened hourly payroll rate of each of GARVER's personnel during the performance of these services multiplied by a 3.20 markup plus reimbursable expenses including but not limited to printing, courier service, reproduction, and travel. The not to exceed cost for these services is $20,000. Except for additional costs incurred by delays or escalation provisions herein, the actual total fee may not exceed this estimate without a formal contract amendment approved by the CITY OF FAYETTEVILLE. For informational purposes, a breakdown of GARVER's current hourly rates for each employee classification in included in Exhibit A -l. Expenses other than salary costs that are directly attributable to performance of our professional services will be billed as follows: I. Direct cost for travel, long distance and wireless communications, outside reproduction and presentation material preparation, and mail/courier expenses. 2. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc. 3. The amount allowed by the federal government for mileage with an additional $0.05 for survey trucks/vans. Any unused portion of the fee, due to delays beyond GARVER's control, will be increased 6% annually with the first increase effective on or about July 1, 2016. SECTION 3 —APPENDICES AND EXHIBITS 3.1 The following Exhibits are attached to and made a part of this Agreement: 3.1.1 Exhibit A-1 Rate Schedule Task Order 01 1 of 2 Aviation On -Call Services ATTEST: This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Approval and acceptance of this Task Order, including attachments listed in SECTION 3 — APPENDICES AND EXHIBITS, shall incorporate this document as part of the Agreement. Garver is authorized to begin performance upon receipt of a copy of this Task Order signed by the CITY OF FAYETTEVILLE. The effective date of this Task Order shall be the last date written below. GARVER By: AdOP�«- 4 Title: Senior Vice President City Clerk GIB Y FAYEITEVILLE : ° des`.QkgN,P.° Task Order 01 2 of 2 Aviation On -Call Services 1 EXHIBIT A-1 Aviation On -Call Services Garver Hourly Rate Schedule Classification Rates Engineers I Architects E-1............................................................................... $ 31.10 E-2.............................................................................. $ 36.00 E-3.............................................................................. $ 43,70 E-4.............................................................................. $ 51.00 E-5.............................................................................. $ 62.20 E-6.............................................................................. $ 78.00 E-7.............................................................................. $ 103.00 Planners I Environmental Specialist P-1.............................................................................. $ 37,40 P-2.............................................................................. $ 47.00 P-3.............................................................................. $ 60.00 Designers D-1 .......................... ..... .... ........ . $ 29.00 D-2.............................................................................. $ 34.00 D-3.............................................................................. $ 40.50 D-4.............................................................................. $ 47.00 Technicians T-1 ................................................................... $ 22.60 T-2.............................................................................. $ 28.80 T-3 .................................................. ................. $ 35.00 Surveyors S-1.............................................................................. $ 13.80 5-2.............................................................................. $ 18.30 S-3.............................................................................. $ 24.80 S-4.............................................................................. $ 35.50 S-5.............................................................................. $ 47.00 S-6.............................................................................. $ 53.50 2 -Man Crew (Survey)......................................................$ 52,50 3 -Man Crew (Survey)......................................................$ 66.00 2 -Man Crew (GPS Survey)...............................................NA 3 -Man Crew GPS Surve............................................... NA Construction Observation C-1.............................................................................. $ 27.40 C-2.............................................................................. $ 35.20 C-3.............................................................................. $ 43.10 C-4.............................................................................. $ 53.00 Management!Administration Administration M-1......................................................................... .. $ 103,00 X-1 ............................................................................. $ 17.70 X-2 .............................................................................. $ 24.20 X-3.............................................................................. $ 33.70 X-4.............................................................................. $ 46.20 Task Order 01 Aviation On -Call Services City of Fayetteville - Purchase Order Request (PO) equls tan o.: a e: 412112015 (Mar a Purchase Dread P.O Number: Ali PO Requests shall be scanned to the Purchasing e-mail: Furs hasing/fayetsviIln-argon. Purchase shall not be made until an actual PO has been issued. Vendor Vendor Mall Leglstar#: #_ 52650 flame: Gaiver LLC (RMTI) Dss Ol o 2O15 -Qt $6 FOB Point: lane bin Address: 2049 E Joyce Blvd Ste 400 ©r s Expecled Delivery Date: 12131!15 City: Fayetteville Slate: AR Zip Cade: Ship to code: quotes Attached 70703 65 QES [7+o Requester's Employee #. Exlenslon: equesieC: James Nicholson 771 7642 Item Description Quantity Unil of issue Unit Cost Extended Cost Account Number Project. Sob// inventory// Fixed Asset # 1 Task Order 01 1 NTE 20,000.00 520,000.00 5550.3960.5314.00 16029 1 2 $0.00 3 $0.00 4 $9.00 s $0,00 6 $0.00 7 $0.00 0 0.0.00 8 $0.00 10 $9.00 • Shipping#Handling Lai $0.00 Special nslructEens. Sublolal: $20,000.00 Tax: $0.00 l alxl: 920, 000.00 Approvals: Mayne _ Pepartmenl DiracIcr(iTi Purchasing Manager. Chief Financial Officer. Budget Director: IT Director. Dispatch Manager: Utilities Manager. Other: City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Aviation Adjustment Number 2015 Dept.: Transportation Services Requestor: James Nicholson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Project BA to increase the Professional Services line item in the Airport Capital program. 1. Garver LLC Task Order 01, on -call Engineering Services NTE $20,000, Legistar #2015-0185 COUNCIL DATE: LEGISTAR FILE ID#: 4/21/2015 2015-0185 barb-a,rai FeW 4/3/2015 4:24 PM Budget Director TYPE: DESCRIPTION: Date 1 GLDATE: RESOLUTION/ORDINANCE I POSTED: / TOTAL 20,000 20,000 v.20150402 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 5550.0955.4999.99 - 20,000 RE Use of Fund Balance 5550.3960.5314.00 20,000 - 15029 1 EX Professional Services C:\Users\dmccoy\AppData\Roaming\L5\Temp\b57e4f75-0353-424c-b1e6-4aea1033dbe0 1 of 1 c i � &, D b1i RESOLUTION NO. A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC FOR ENGINEERING SERVICES FOR THE AIRPORT, TO APPROVE TASK ORDER NO. 1 FOR ON -CALL ENGINEERING AND SURVEYING SERVICES FOR THE AIRPORT IN AN AMOUNT NOT TO EXCEED $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Federal Aviation Administration requires the airport to contract with an airport engineering consultant for engineering services in order to qualify for United States Department of Transportation Airport Improvement grants. NOW, THEREFORE, 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 engineering services for the airport with services to be rendered based on amendments to the Agreement or specific task orders. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves Task Order No. I in an amount not to exceed $20,000.00 for on -call engineering and surveying services. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in connection with Task Order No. 1, a copy of which is attached to this Resolution and made a part hereof. PASSED and APPROVED this 21St day of April, 2015. APPROVED: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer