HomeMy WebLinkAbout171-16 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 171-16
File Number: 2016-0421
GARVER, LLC AMENDMENT NO. 2:
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH GARVER, LLC
IN THE AMOUNT OF $196,800.00 TO ADD CONSTRUCTION PHASE SERVICES FOR THE
WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT PROJECT BB0414 - PORTER ROAD -HIGHWAY 112/71B
WIDENING AND INTERCHANGE IMPROVEMENTS, 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 approves Amendment No. 2
to the contract with Garver, LLC in the amount of $196,800.00 to add construction phase services for
the water and sewer relocations associated with Arkansas Highway and Transportation Department Project
BB0414 -Porter Road -Highway 112/71B Widening and Interchange Improvements.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 9/20/2016
Attest:
approves a budget
��kNwtrtrtr�f�r
FAYETTEVILLE;�—
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Sondra E. Smith, City Clerk T e urer
Page 1 Printed on 9/21/16
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
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(479) 575-8323
p v.
Text File
File Number: 2016-0421
Agenda Date: 9/20/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 10
GARVER, LLC AMENDMENT NO. 2:
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH GARVER,
LLC IN THE AMOUNT OF $196,800.00 TO ADD CONSTRUCTION PHASE SERVICES FOR THE
WATER AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT PROJECT BB0414 - PORTER ROAD -HIGHWAY 112/71B
WIDENING AND INTERCHANGE IMPROVEMENTS, 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 approves Amendment No.
2 to the contract with Garver, LLC in the amount of $196,800.00 to add construction phase services for
the water and sewer relocations associated with Arkansas Highway and Transportation Department
Project BB0414 - Porter Road -Highway 112/71B Widening and Interchange Improvements.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 912112016
City of Fayetteville Staff Review Form
2016-0421
Legistar File ID
9/20/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 9/7/2016 Utilities Director/
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of Engineering Services Contract Amendment 2 with Garver to provide
Construction Phases Services including construction observation associated with Construction Bid 16-49, and
approval of a budget adjustment.
Amendment No. 2 is $196,800.00. The proposed Amendment will increase the engineering contract from
$112,036.25 to $308,836.25. 87.06% is reimbursable from the AHTD. AHTD cost is $171,334.00 and City cost is
$ 25 466 00
Budget Impact:
5400.720.5700-5314.00
Water/Sewer
Account Number Fund
11011.1501 Water/Sewer Relocations -Bond Projects
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Previous Ordinance or Resolution # 43-15
Original Contract Number: 2354
Comments:
Remaining Budget
Approval Date:
1120140710
Project Title
Current Budget
$
4,679,919.00
Funds Obligated
$
4,230,868.34
Current Balance
, z,+_ 0
Item Cost
$
196,800.00
Budget Adjustment
$
171,334.00
Remaining Budget
Approval Date:
1120140710
CITY OF
Tayve
revIi
Ie
ARKANSAS
MEETING OF SEPTEMBER 20, 2016
TO: Mayor Jordan and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
Water & Sewer Committee
FROM: Jim Beavers, P.E.
DATE: September 6, 2016
CITY COUNCIL AGENDA MEMO
SUBJECT: Approval of an Engineering Services Contract Amendment 2 with Garver
to provide Construction Phases Services associated with Construction Bid
16-49, and approval of a budget adjustment. Amendment 2 is
$196,800.00. 87.06% is reimbursable from the AHTD. AHTD cost is
$171,334.00 and City cost is $25,466.00.
RECOMMENDATION:
Staff recommends approval of Engineering Services Contract Amendment 2 with Garver
to provide Construction Phases Services including construction observation associated
with Construction Bid 16-49, and approval of a budget adjustment.
Amendment 2 is $196,800.00. The proposed Amendment will increase the engineering
contract from $112,036.25 to $308,836.25.
BACKGROUND:
The water and sanitary sewer relocations are required for the construction of the new
highway interchange by the Arkansas Highway and Transportation Department, Project
AHTD Job BB0414 (PORTER RD. — HWY. 112/71 B WIDENING & INTCHNG. IMPVTS.
(S).
In February 2015, the City Council approved by Resolution no. 43-15 the engineering
contract with Garver for design of the water/sewer relocations associated with AHTD
project BB0414 — 1-49/Hwy 112. The design was substantially completed in June 2015.
Contract Amendment 1 with Garver to add Bidding Phase Services was approved by
the City Council on December 15, 2015 in the amount of $ 9,293.75.
Mailing Address:
113 W. Mountain Street www.fayetteville-ai.gov
Fayetteville, AR 72701
Proposed Amendment 2 with Garver will provide professional services including
submittal reviews, construction observation, documentation and project coordination.
DISCUSSION:
The proposed construction contract Bid 16-49 for the water and sewer relocations is
also scheduled for the September 20, 2016 City Council Meeting. Proposed contract
Amendment 2 with Garver which includes construction observation, is requested to be
approved at this same meeting.
BUDGET/STAFF IMPACT:
The water and sewer relocation project is 87.06% reimbursable from AHTD.
Budgeted funds for the City's portion are available in 11011 W/S Relocations for Street
Bond Projects.
Attachments:
Staff Review Form
Budget Adjustment
Proposed Amendment 2 to add Construction Phase Services
Fee sheet estimate for Proposed Amendment 2
Garver original contract
Garver previous Amendment 1 to add Bidding Phase Services
£1
r 1
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville, Arkansas
Project No. 15048160
CONTRACT AMENDMENT NO. 2 — Revised 08/31/2016
This Contract Amendment No. 2, dated 2016, shall amend the original contract
and Amendment No. 1 between the CITY OF FAYETTEVILLE (Owner) and GARVER, LLC (GARVER),
dated February 17, 2015 referred to in the following paragraphs as the original contract.
This Contract Amendment No. 2 adds professional services for the:
Porter Road-HWY 112/71B Widening and Interchange — AHTD Job BB0414
The original contract is hereby modified as follows:
APPENDIX A — SCOPE OF SERVICES
Section 2.8, Construction Phase Services of the original contract is hereby amended to omit the
following:
Construction-P#iase-Se�vicesar c-adu£ied-arid-rnay-be-ad�te me dr ent-as-apprGved bytf e-C4ty-cif
Fayetteville and Garver. 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 allorneys' fees and costs of
defense, arising or resulting from the peormance of such cervices 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.
Section 2.8, Construction Phase Services of the original contract is hereby amended to add the
following:
During the construction phase of work, Garver will accomplish the following:
1. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting.
2. Attend weekly, up to 25, progress/coordination meetings at the project site with the
Owner/Contractor.
3. Evaluate and respond to construction material submittals and shop drawings. Corrections or
comments made by Garver on the shop drawings during this review will not relieve Contractor
from compliance with requirements of the drawings and specifications. The check will only be for
review of general conformance with the design concept of the project and general compliance with
the information given in the contract documents. The Contractor will be responsible for confirming
and correlating all quantities and dimensions, selecting fabrication processes and techniques of
construction, coordinating his work with that of all other trades, and performing his work in a safe
Contract Amendment No. 2 1 of 4 Garver Project No. 14048160
Porter Road-HWY 112/71 B Widening
and Interchange-AHTD Job BB0414
GARVER
and satisfactory manner. Garver's review shall not constitute approval of safety precautions or
constitute approval of construction means, methods, techniques, sequences, procedures, or
assembly of various components. When certification of performance characteristics of
materials, systems or equipment is required by the Contract Documents, either directly or
implied for a complete and workable system, Garver shall be entitled to rely upon such
submittal or implied certification to establish that the materials, systems or equipment will meet
the performance criteria required by the Contract Documents.
4. Issue instructions to the Contractor on behalf of the Owner and issue necessary clarifications
(respond to RFIs) regarding the construction contract documents.
5. Based upon information provided by the Owner and Contractor, review, up to six, the
Contractor's progress payment requests based on the actual quantities of contract items
completed and accepted, and will make a recommendation to the Owner regarding payment.
Garver's recommendation for payment shall not be a representation that Garver has made
exhaustive or continuous inspections to (1) check the quality or exact quantities of the Work;
(2) to review billings from Subcontractors and material suppliers to substantiate the
Contractor's right to payment; or (3) to ascertain how the Contractor has used money previously
paid to the Contractor.
6. Based upon Owner's and Contractor's working drawings, prepare and furnish record drawings.
7. Provide full time construction observation of work and acceptance testing services during the
180 -calendar -day construction contract performance time. The proposed fee is based on
approximately 8 hours per day, 5 days per week, during the 180 -calendar -day construction
contract performance time. If the construction time extends beyond the time established in this
agreement or if the Owner wishes to increase the time or frequency of the observation, the
Owner will pay Garver an additional fee agreed to by the Owner and Garver.
8. Provide up to 16 hours of survey crew time for field checking quantities, contractor's layout,
etc.
9. When authorized by the Owner, prepare change orders for changes in the work from that
originally provided for in the construction contract documents. If redesign or substantial
engineering or surveying is required in the preparation of these change order documents, the
Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver.
10. Participate in final project inspection, prepare punch list, review final project closing documents,
and submit final pay request.
Construction observation services will be provided by Garver's Resident Project Representative, who
will provide or accomplish the following:
• Consult with and advise the Owner during the construction period.
• Coordinate with the firm providing construction materials quality assurance testing under
separate contract with the Owner.
• Maintain a file of test reports, certifications, shop drawings and submittals, and other
appropriate information.
• Maintain a project diary which will contain information pertinent to each site visit.
The proposed fee for Construction Phase Services is based on a 180 -calendar -day construction
contract performance time. If the construction time extends beyond the time established in this
agreement, and the Owner wants Garver to continue the applicable Construction Phase Services, the
Owner will pay Garver an additional fee agreed to by the Owner and Garver.
In performing construction observation services, Garver will endeavor to protect the Owner against defects
and deficiencies in the work of the Contractor(s); but Garver cannot guarantee the performance of the
Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety
Contract Amendment No. 2 2 of 4 Garver Project No. 14048160
Porter Road-HWY 112/71 B Widening
and Interchange-AHTD Job BB0414
GARVER
measures that the Contractor(s) takes or should take. However, if at any time during construction Garver
observes that the Contractor's work does not comply with the construction contract documents, Garver
will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop
work, as appropriate for the situation. Garver will also record the observance, the discussion, and the
actions taken. If the Contractor continues without satisfactory corrective action, Garver will notify the
Owner immediately, so that appropriate action under the Owner's contract with the Contractor can be
taken.
Section 2.14, Project Deliverables of the original contract is hereby amended to add the following items
to the end of the section.
4. Three sets of the construction documents to the Contractor and two sets to the Owner.
5. One full size copy of the record drawings and CD with record drawings in PDF and
AutoCAD, and PDF of all reports, certifications, shop drawings and submittals, and
other appropriate information.
Section 2.15, Extra Work of Amendment No. 1 to the original contract is hereby amended to revise item
13. Replace "Construction Services" with "Construction Services beyond items listed in Section 2.8".
Section 3.0, Payment of the original contract and Amendment No. 1 is hereby amended to revise the
FEE AMOUNT for Construction Services and TOTAL FEE in the table. Replace "$0 (may be added by
amendment)" for Construction Services with "$196,800.00". Replace "$112,036.25" for TOTAL FEE
with "308,836.25". In the paragraph following the table, replace "The total amount paid to GARVER
under this agreement is estimated to be $112,036.25." with "The total amount paid to GARVER under
this agreement is estimated to be $308,836.25."
Contract Amendment No. 2 3 of 4 Garver Project No. 14048160
Porter Road-HWY 112/71 B Widening
and Interchange-AHTD Job BB0414
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.
IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the
date last written below.
Ct1
By
Ma
GARVER, LLC Digitally signed by
Scott Zotti
By:
Date: 2016.08.31
Vice President, Scott Zotti
Project Manager
Contract Amendment No. 2 4 of 4 Garver Project No. 14048160
Porter Road-HWY 112/71 B Widening
and Interchange-AHTD Job BB0414
APPENDIX B
City of Fayetteville
Porter Rd-HWY 112/71 B Widening and Interchange - AHTD Job BB0414
CONSTRUCTION PHASE SERVICES - Revised 08/31/2016
WORK TASK DESCRIPTION
E-3
E-2
E-1
C-3
T-2
T-1
2 -Man Crew
(Survey)
$143.00
$125.00
$102.00
$119.00
$95.00
$74.00
$187.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Preconstruction Meeting
8
4
Weeky (21) Progress Meetings with Contractor/City
50
42
Monthly (6) Pay Requests
30
Shop Drawings/Material Submittals
8
16
Record Drawings and Documents
4
24
Full Time Construction Observation (8 his/day, 5
daystweek, 180 c -days))
1029
Periodic Engineer Site Visits
50
ADEQ STAA Coordination
2
Survey Field checking Contractor
16
Prepare Field and Change Orders and AHTD
Coordination
16
30
Final Project Inspection and Punchlisl
8
8
Closeout Documents
8
8
Project Management
48
Allowance for extra work authorized by Owner
80
80
Subtotal - Civil Engineering
310
46
2
1163
32
0
16
2. Structural Engineering
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 310 46
Salary Costs $44,330.00 $5,750 00
SUBTOTAL - SALARIES: $194,713.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$1,218.15
Postage/Freight/Courier
$75.00
Office Supplies/Equipment
$0.00
Communications
$000
Survey Supplies
$0.00
Aerial Photography
$0.00
GPS Equipment
$0.00
Computer Modeling/Software Use
$000
Traffic Counting Equipment
$0.00
Locator/Tracer/Thermal Imager Equipment
$0.00
Travel Costs (@ $0.42/mile)
$793.85
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$2,087.00
SUBTOTAL: $196,800.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE $196,800.00
1 of 1
2 1163 32 0 16
$204.00 $138,397.00 $3,040.00 $0.00 $2,99:
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of \t U,, h , 2015, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (skfereinafter 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 1/13/2015
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 1/13/2015
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 Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
$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 1/13/2015
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 1/13/2015
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 1/13/2015
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 1/13/2015
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 1/13/2015
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 1/13/2015
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.
Carver Contract — Professional Engineering Services 9 1/1312015
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 ENGINEER
' By:
cir, Licsneld lr5r an Vice I'resid Scott Zotti
ATTEST: /j
,GiW'Ukc.1c_ Project anager
F1) OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Garver Contract — Professional Engineering Services 10 1113/2615
CARVER
APPENDIX A - SCOPE OF SERVICES - REVISED
2.1 General
Generally, the scope of services includes surveying, design, and preparation of property acquisition
documents for improvements to relocate City of Fayetteville owned water and wastewater facilities to
accommodate roadway improvements by others, Porter Road — Highway 112/71B Widening and
Interchange Improvements (AHTD Job 880414) in Fayetteville, Arkansas. The water and sanitary
sewer relocations will be along Highway 112 from Drake Street to Truckers Drive and along the
southern portion of the AHTD Improvements from McConnell Avenue to the Fulbright Expressway.
Specifically, the gravity sewer relocations, up to 15 inch, include approximately 5,000 linear feet, and
the water line relocations, up to 12 inch, include approximately 3,000 linear feet.
2.2 Surveys
2.2.1 Design Surveys
Garver will provide supplemental survey data for designing the project, and this survey will be tied to
AHTD control. Garver will utilize previous survey data by others for AHTD Job 880414, and assume
the previous data is correct. Previous survey control points will be used for the supplemental survey
and construction by others. Garver will not set any new survey control. In addition to topographic
survey outside the limits previously surveyed, the supplemental survey will include sanitary sewer
manhole rim and inverts, water facilities, and other utilities marked by utility owners. Work beyond
10 days for Design Surveys for a two man survey crew, at 10 hours per day, is Extra Work. The City
of Fayetteville will reimburse Garver for ARKUPS (utility marking). Utility marking beyond $2,500 is
Extra Work.
2 2.2 Prooertv Surveys
Garver will provide supplemental survey data for property surveys for preparing property acquisition
documents. Work beyond 20 hours for Property Surveys for a two man survey crew is Extra Work.
Garver will utilize previous record research, property deeds obtained by others for AHTD Job
BB0414. Garver will subcontract with an abstractor to obtain existing easements, and Garver will
show existing easements on construction drawings and property acquisition documents. The City of
Fayetteville will reimburse Garver for record research. Record research beyond $3,500 is Extra
Work.
2.3 Coordination
Garver will furnish electronic plans and coordinate with all known utility owners potentially affected by
the project. Garver will include the surveyed locations of the observable and marked utilities in the
construction plans. Any special requirements by utility owners will be noted on the construction
drawings. In addition to utilities, Garver will furnish final plans and coordinate approval with AHTD.
Garver will also attend up to a maximum of three coordination meetings with the City of Fayetteville and
other agencies as required. Garver will prepare exhibits for these meetings when appropriate.
Appendix A - Scope of Services 1 of 5 14048160
Porter Road-HWY 112/718 Widening
and Interchange-AHTD Job BB0414
2.4 Environmental Services
GARVER will a perform wetland delineation for the entire project outside the proposed AHTD right-of-
way. 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 Extra Work outside this agreement. For stream crossings, Garver 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(s) (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 Officer (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.
2.5 Detailed Design
During the detailed 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 with AHTD cost sharing.
Garver will conduct a workshop with the City of Fayetteville to review the Detailed Design and make any
needed changes based upon written comments provided by the City of Fayetteville. 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.
2.6 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 right of way and temporary construction easements
for no more than 20 properties.
2.7 Bidding Services
Bidding Services are excluded and may be added by amendment as approved by the City of
Fayetteville and Garver.
2.8 Construction Phase Services
Construction Phase Services are excluded and may be added by amendment as approved by the City
of Fayetteville and Garver. 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
Appendix A - Scope of Services 2 of 5 14048160
Porter Road-HWY 112/718 Widening
and Interchange — AHTD Job BB0414
GARVER
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.
2.14 Project Deliverables
The following will be submitted to the City of Fayetteville, or others as indicated, by Garver:
1 Three full size copies of the Detailed Design plans, specifications, and opinion of probable
construction cost with cost sharing to the City of Fayetteville.
2 Electronic copies of all correspondence to the City of Fayetteville.
3. Electronic files as requested by the City of Fayetteville and AHTD.
2.15 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. Improvements to water and sewer facilities at locations beyond what is required to
accommodate AHTD improvements.
3. Submittals or deliverables in addition to those listed herein.
4. Geotechnical services.
5. Design of any utilities relocation other than water and sewer.
6. Retaining walls or other significant structural design beyond that required for water and sanitary
sewer relocations.
7. Construction materials testing.
8. Environmental Handling, including NEPA documentation and other environmental clearances
beyond initial coordination letters from SHPO, USACE, and USFWS.
9. Wetland mitigation plans, cultural resource surveys, threatened, endangered, and candidate
species surveys, and any other work related to environmentally or historically (culturally)
significant items.
10. Preparation of AHTD Utility Permits.
11. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
12. Arkansas Department of Health coordination, approval, and review fee.
13. Bidding and Construction Services.
14. Services after construction, such as warranty follow-up, operations support, etc.
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.
2.16 Schedule
Garver shall begin work under this Agreement upon receipt of a Notice to
Proceed and shall complete the work in accordance with the schedule below:
Phase Description Calendar Days
Detailed Design 45 days from Notice to Proceed
3.0 Payment
Appendix A- Scope of Services 3 of 5 14048160
Porter Road-HWY 112/71 B Widening
and Interchange — AHTD Job BB0414
PGARi
VER
For the work described herein the CITY OF FAYETTEVILLE, except for property record research and.
ARKUPS, 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
ARKUPS (Utility Marking)
Record Research (Abstractor
Design and Property Surveys
Environmental Services
Detailed Design
Property Acquisition Documents
Bidding Services
Construction Services
TOTAL FEE
FEE AMOUNT FEE TYPE
$29,860.50
59,093.75
$44,588.25
$13,200
$0 (may be added by
amendment)
$0 (may be added by
$102,742.50
Direct Cost + 10%
j Direct Cost + 1 D%
Hourly Rate +
Expenses
Except for ARKUPS and Record Research, 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. For ARKUPS and Record
Research, the City of Fayetteville will reimburse Garver the actual amount invoiced to Garver plus a
ten (10) percent administrative fee. The total amount paid to GARVER under this agreement is
estimated to be $102,742.50. 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. For any delays beyond Garver's control,
any unused portion of the fee will be increased 4% annually with the first increase on June 1, 2016.
Underruns in any phase may be used to offset overruns in another phase as long as the overall
contract amount is not exceeded. For informational purposes, a breakdown of GARVER's estimated
costs are included in Appendix B.
Expenses other than salary costs that are directly attributable to performance of our professional
services will be billed as follows:
Direct cost for travel, long distance and wireless communications, outside reproduction and
presentation material preparation, and mail/courier expenses.
Direct cost for subcontract/subconsultant fees.
Charges similar to commercial rates for reports, plan sheets, presentation materials, etc.
The amount allowed by AHTD ($0.42 per mile) for mileage.
$20 per hour for GPS survey equipment use for Environmental Services only, excludes
design and property surveys.
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
Appendix A - Scope of Services 4 of 5 14048160
Porter Road-HWY 112/71B Widening
and Interchange — AHTD Job BB0414
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.
4.0 Appendices
The following Appendices are attached to and made a part of this Agreement:
Appendix B — Hourly Rate Schedule and Estimated Costs
Appendix A - Scope of Services 5 of 5 14048160
Porter Road-HWY 112/718 Widening
and Interchange — AHTD Job BB0414
APPENDIX B
CITY OF FAYETTEVILLE
Porter Rd-HWY 112/71 B Widening and
Interchange - AHTD Job BB0414
ESTIMATED FEE SUMMARY
Title I Services
Estimated Fees
ARKUPS (Utility Marking)
$2,500.00
Record Research
$3,500.00
Design and Property Surveys
$29,860.50
Environmental Services
$9,093.75
Detailed Design
$44,588.25
Property Acquisition Documents
$13,200.00
Total for Title I Services
$102,742.50
1 of 5
APPENDIX B
CITY OF FAYETTEVILLE
Porter Rd-HWY 112171B Widening and Interchange - AHTD Job BB0414
DESIGN AND PROPERTY SURVEYS
WORK TASK DESCRIPTION
E-3
S-5
S-4
2 -Man Crew
(GPS Survey)
X-2
T-2
$132.00
$141.00
$107.00
$192.00
$73.00
$87.00
hr
hr
hr
hr
hr
hr
1. Surveys - Topographic
Coordination for Surveys
4
8
Topographic Surveys
100
Data Processing and Drawing and Surface Updates
16
Subtotal - Surveying
4
8
16
100
0
0
2. Surveys -Property
Coordination for Surveys
1
4
Property Surveys
20
Data Processing
8
Adding Existing Easements and Drawing Updates
16
1
4
24
20
0
0
Subtotal - Surveying J
Hours
Salary Costs
SUBTOTAL - SALARIES:
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
Postage/Freight/Courier
Office Supplies/Equipment
Communications
Survey Supplies
Aerial Photography
GPS Equipment
Computer Modeling/Software Use
Traffic Counting Equipment
Locator/Tracer/Thermal Imager Equipment
Travel Costs (@ $0.42/mile)
SUBTOTAL - DIRECT NON -LABOR EXPENSES
SUBTOTAL:
SUBCONSULTANTS FEE:
TOTAL FEE:
5 12 40 120 0 0
$660.00 $1,692.00 $4,280.00 $23,040.00 $0.00 $0.00
$20.00
$0.00
$0.00
$000
$50.00
$000
$000
$0.00
$0.00
$0.00
$118.50
$29,672.00
$188.50
$29,860.50
$0.00
$29,860.50
2 of 5
APPENDIX B
CITY OF FAYETTEVILLE
Porter Rd-HWY 112/71 B Widening and Interchange - AHTD Job BB0414
ENVIRONMENTAL SERVICES
WORK TASK DESCRIPTION
E-5
$187.00
E-4
E-3
P-1
T-2
X-2
X-1
$153.00
$132.00
$113.00
$87.00
$73.00
$54.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Wetlands Delineation
6
SHPO and USFW Clearance Letters
4
USACE Nationwide and Wetland Report
12
SWPPP
8
Erosion Control Plans and Details
16
24
Coordination with City
4
QA/QC
8
Subtotal - Civil Engineering
0
0
12
46
24
0
0
2. Structural Engineering.
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
0
0
Salary Costs
$0.00
$0.00
SUBTOTAL - SALARIES:
$8,870.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$60.00
Postage/Freight/Courier
$25.00
Office Supplies/Equipment
$0.00
Communications
$0.00
Survey Supplies
$0.00
Aerial Photography
$0.00
GPS Equipment
$120.00
Computer Modeling/Software Use
$0.00
Traffic Counting Equipment
$0.00
Locator/Tracer/Thermal Imager Equipment
$0.00
Travel Costs (c $0.42/mile)
$18.75
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$223.75
SUBTOTAL: $9,093.75
SUBCONSULTANTS FEE: 50.00
TOTAL FEE: $9,093.75
3 of 5
12 46 24 0 0
$1,584.00 $5,198.00 $2,088.00 $0.00 $0.00
APPENDIX B
CITY OF FAYETTEVILLE
Porter Rd-HWY 112/71 B Widening and Interchange - AHTD Job BB0414
DETAILED DESIGN
WORK TASK DESCRIPTION
E-3
E-2
E-1
T-2
C-3
T-1
S-4
$132.00
$108.00
$94.00
$87.00
$13000
$68.00
$107.00
hr
hr
hr
hr
hr
hr
hr
1, Civil Engineering
Quality Control
4
8
Owner/AHTD/Utility Coordination
24
16
8
Drawings
Cover
1
General Notes and Survey Control
2
4
Design and Water and Sewer Plan and
Profiles (16 sheets)
32
80
100
Construction Details
4
8
8
Construction Quantities and Cost Sharing
2
B
Specifications
12
8
Project Manaqement
40
Owner Workshop
4
Field Inspection
8
Easement Considerations
2
8
Owner and AHTD Comments
4
4
16
Arkansas Department of Health
2
4
Subtotal - Civil Engineering
141
16
104
144
8
8
0
2. Structural Engineering
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 En Ineerin
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours
Salary Costs
SUBTOTAL - SALARIES:
141 16 104 144 8 8 0
$18,612 00 $1,728.00 $9,776.00 $12,528.00 $1,040,00 $54400 $000
$44,228.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$300 00
Postage/Freight/Courier
$25.00
Office Supplies/Equipment
$0 00
Communications
$0.00
Survey Supplies
$0.00
Aerial Photography
$0 00
GPS Equipment
$0.00
Traffic Counting Equipment
$0 00
Locator/Tracer/Thermal Imager Equipment
$0.00
Travel Costs (@ $0.42/mile)
$35 25
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $360.25
SUBTOTAL:
$44,588.25
SUBCONSULTANTS FEE:
$0.00
TOTAL FEE:
$44,588.25
4 of 5
APPENDIX B
CITY OF FAYETTEVILLE
Porter Rd-HWY '112171B Widening and Interchange - AHTD Job BB0414
PROPERTY ACQUISITION DOCUMENTS
WORK TASK DESCRIPTION
E-3
S-5
S-4
T-2
X-2
$132.00
$141.00
$107.00
$87.00
$73.00
hr
hr
hr
hr
hr
1. Acquisition Documents
Easement Acquisition Documents
30
80
Coordination with Owner
2
2
30
80
0
0
Subtotal - Civil Engineering
Hours
Salary Costs
SUBTOTAL - SALARIES:
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
Postage/Freight/Courier
Office Supplies/Equipment
Communications
Survey Supplies
Aerial Photography
GPS Equipment
Computer Modeling/Software Use
Traffic Counting Equipment
Locator/Tracer/Thermal Imager Equipment
Travel Costs (@ $0.42/mile)
SUBTOTAL - DIRECT NON -LABOR EXPENSES
SUBTOTAL:
SUBCONSULTANTS FEE:
TOTAL FEE:
2 30 80
$264.00 $4,230.00 $8,560.00
$146.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
5 of 5
$13,054.00
$146.00
$13,200.00
$0.00
$13,200.00
0 0
$0.00 $0.00
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 222-15
File Number: 2015-0532
GARVER, LLC AMENDMENT NO. 1:
A RESOLUTION TO APPROVE AMENDMENT NO. I TO THE CONTRACT WITH GARVER, LLC IN
THE AMOUNT OF $9,293.75 TO ADD BIDDING PHASE SERVICES FOR THE WATER AND SEWER
RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND TRANSPORTATION
DEPARTMENT PROJECT BB0414 - INTERSTATE 49 AND HIGHWAY 112 INTERCHANGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1 to
the contract with Garver, LLC in the amount of $9,293.75 to add bidding phase services for the water and
sewer relocations associated with Arkansas Highway and Transportation Department Project BB0414 -
Interstate 49 and Highway 112 Interchange.�"µ,a��,fira�,r
PASSED and APPROVED on 12/15/2015
Fes;
•
Attest:
+ S
Lisa Branson, Deputy City Clerk
Page I Printed on 12/17/15
LT(1OVER
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville, Arkansas
Project No. 15048160
CONTRACT AMENDMENT NO. 1
This Contract Amendment No. 1, effective on the date last written below, shall amend the original
contract between the CITY OF FAYETTEVILLE (Owner) and GARVER, LLC (GARVER), dated
February 17, 2015 referred to in the following paragraphs as the original contract.
This Contract Amendment No. 1 adds professional services for the:
Porter Road-HWY 112R1B Widening and Interchange — AHTD Job BB0414
The original contract is hereby modified as follows:
APPENDIX A — SCOPE OF SERVICES
Section 2.7, Bidding Services of the original contract is hereby amended to omit "Biddinrg Service ace
""laded -and -may -b added-b},-wrie"rnsnl-as-apppreue[ia y tae-f�iFy iF-ayelteille-aid.fiawar, and
add the following:
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 pay advertising costs outside of this contract_ The CITY OF FAYETTEVILLE
will dispense construction contract documents to prospective bidders.
2. Support the contract documents by preparing addenda as appropriate.
3. Participate in a pre -bid meeting.
4. Attend the bid opening.
5. Prepare bid tabulation.
6. Evaluate bids and recommend award.
7. Prepare construction contracts.
Section 2.15, Extra Work of the original contract is hereby amended to revise item 13. Replace "Bidding
and Construction Services' with "Construction Services".
Section 3.0, Payment of the original contract is hereby amended to revise the FEE AMOUNT for Bidding
Services and TOTAL FEE in the table. Replace '$0 (may be added by amendment)" for Bidding
Services with "$9,293.75'. Replace '$ 102,742.50' for TOTAL FEE with '112,036.25'. In the paragraph
following the table, replace 'The total amount paid to GARVER under this agreement is estimated to
be $102,742.50." with 'The total amount paid to GARVER under this agreement is estimated to be
$112,036.25.'
Contract Amendment No. 1 1 of 2 Garver Project No. 14048160
Porter Road-HWY 1121718 Widening
and Interchange-AHTD Job BB0414
GARVER
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.
IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the
date last written below.
CITY 4FTTEVI L
BL3I#441
Name: tQr/I
Frinled Name
'Title:
Date:
Attest:
GARVER, LLC
Name: Steven M Jones
Printed (Verne
Title: Senior Vice President
Date: 11/10/2015
Digitally signed
.a 1 by Chris Buntin
44 1 Date:
\ ."_.2015.11.11
Attest: 06:59:30-0600'
Contract Amendment No. 1 2 of 2 Garver Project No. 14048160
Porter Road-HWY 112/71B Widening
and Interchange-AHTD Job BB0414
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division
WATER SEWER (720)
/0rg2
Adjustment Number
2016
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A BA is needed within the Water/Sewer Relocations -Bond Projects for the 1-49 Interchange/Hwy 112 Relocates project
for engineering services by Garver Engineers. This BA is to cover cost for the engineering services contract
amendment 2 with Garver to provide construction phases services including construction observation for the 1-49
Interchange project. This water/sewer relocation project is 87.06% reimbursable from the Arkansas Highway and
Transportation Department.
RESOLUTION/ORDINANCE
TOTAL
Account Number
5400.720.5700-5314.00
5400.720.5700-4309.00
5400.720.5600-5808.00
171,334 171,334
Increase / (Decrease)
Expense Revenue
196,800 -
- 171,334
(25,466) -
COUNCIL DATE: 9/20/201 6
LEGISTAR FILE ID#: 2016-0421
3 c 4 c cv Tell'
9/8/2016 8:52 AM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
/
v.20160722
Project.Sub#
Project
Sub
AT
Account Name
11011
1501
EX
Services - Professional
11011
1501
RE
**Federal Grants - Capital
11011
1
EX
Water Line Improvements - Water Line Irr
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