HomeMy WebLinkAbout142-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 142-18
File Number: 2018-0310
GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
GARVER, LLC IN AN AMOUNT NOT TO EXCEED $154,000.00 FOR WATER TANK AND WATER
QUALITY EVALUATIONS, 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 a professional
engineering services agreement with Garver, LLC in an amount not to exceed $154,000.00 for water tank
and water quality evaluations.
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.
PASSED and APPROVED on 7/3/2018
Attest:
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Page 1 Printed on 715118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0310
Agenda Date: 7/3/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 5
GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH GARVER, LLC IN AN AMOUNT NOT TO EXCEED $154,000.00 FOR WATER TANK AND
WATER QUALITY EVALUATIONS, 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 a professional
engineering services agreement with Garver, LLC in an amount not to exceed $154,000.00 for water tank and
water quality evaluations.
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 Paye 1 Printed on 71512018
City of Fayetteville Staff Review Form
2018-0310
Legistar File ID
7/3/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 6/4/2018
Submitted By Submitted Date
Action Recommendation:
WATER SEWER (720)
Division / Department
Staff recommends approval of the engineering services contract with Garver, LLC in the not to exceed amount of
$154,000.00 for the 2018 Water Tank and Water Quality Evaluations as further documented in the attached
proposed contract, and approval of a budget adjustment.
5400.720.5600-5314.00
Account Number
15021.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Budget Impact:
Water and Sewer
Fund
Water Storage and Pump Station Maintenance
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
106,794.00
$
106,794.00
$
154,000.00
$
154,000.00
$ 106,794.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 3, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee June 12, 2018
FROM: Tim Nyander, Utilities Director
DATE: June 4, 2018
CITY COUNCIL MEMO
SUBJECT: Engineering Services Contract — 2018 Water Tank and Water Quality
Evaluations — Garver LLC
RECOMMENDATION:
Staff recommends approval of the engineering services contract with Garver, LLC in the not to
exceed amount of $154,000.00 for the 2018 Water Tank and Water Quality Evaluations as
further documented in the attached proposed contract, and approval of a budget adjustment.
BACKGROUND:
Periodic water tank inspections are both a Best Management Practice and a requirement by
the Arkansas Department of Health. The water quality analysis is requested to assist the City
with reviewing best methods to maintain water quality within the distribution system.
DISCUSSION:
On March 1, 2018, the City of Fayetteville conducted a formal Engineering Selection meeting
RFQ 18-01. At this meeting the firm of Garver, LLC was selected for the proposed 2018 Water
Tank and Water Quality Evaluations. The proposed contract has been negotiated by City
Utilities staff.
BUDGET/STAFF IMPACT:
A budget adjustment is needed to move budgeted funds from the Water System Improvement
project into the Water Storage and Pump Station Maintenance project.
Attachments:
Proposed contract signed by Garver, LLC
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 July 3 , 2018, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
GARVER, LLC (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
L l 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 l 5/30/2018
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 Utilities Services Director is the CITY OF FAYETTEVILLE's project
representative with respect to the services to be performed under- this Agreement_ The
Utilities Services Director shall have complete authority to transmit instructions, receive
information, interpret and define CITY OF FAYETTEVILLE's policies and decisions
with respect to materials, equipment, elements and systems to be used in the Project, and
other matters pertinent to the services covered by this Agreement.
3.1.7 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 5/30/2018
shall be accompanied each month by the updated project schedule as the basis for
determining the value earned as the work is accomplished. Final payment for
professional services shall be made upon CITY OF FAYETTEVILLE's approval and
acceptance with the satisfactory completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF
FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed
portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to
pay invoices within 30 days of date the invoice is approved, however, payment within
30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising .
under or by virtue of this Agreement, except claims which are specifically exempted by
ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by
State law or otherwise expressly agreed to by the parties to this Agreement, final
payment under this Agreement or settlement upon termination of this Agreement shall
not constitute a waiver of CiTY OF FAYETTEVILLE's claims against ENGINEER or
his sureties under this Agreement or applicable performance and payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in
United States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal
of coverage.
Garver Contract — Prolessional Engineering Services S 5/30/2.018
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, perfonnance, 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 tennination 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 tenninated 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 5/30/2018
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 tennination 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 unperfonned 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 tenmination 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 fiilfill 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 — ProlessionalEngineeringServices 5 5/30/2018
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
fiords 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 5/30/2018
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 — Processional Engineering Services 7 5/30/2018
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 he 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 5/30/2018
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 agencryrlias been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepikiQ bona• fide, employees or bona fide
established commercial or set Iing. .agencies maintained by EG I'NE'LR for the guipose 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 reedver, the full amount of such
commission, percentage, brokerage, or contingent fee.
Garver Contract—Professional Engineering Services 9 ' + 5/30/2018
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 tenninate
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 FA
RKANSAS
ATTEST: �-
By:
City Cleric .......
END OF
ENGINEER
2018.05.30
By: 12:27:56-05'00'
Vice President oc Dollerschell
BY:
Senior Project Manager, Chris Buntin
Garver Contract — Professional Engineering
AL ENGINEERING SERVICES
5/30/2018
APPENDIX A — SCOPE OF SERVICES — Revised 5/30/2018
2.1 General
Generally, the scope of services includes professional services to evaluate, prioritize, and budget
drinking water quality improvements for potable water facilities owned and maintained by the City of
Fayetteville, Arkansas.
2.2 Water Tank Inspections
The water tank inspections will include the following tanks.
• Baxter ground storage tank (1 million gallon),
• Canterbury Road elevated tank (500,000 gallon),
• Round Mountain standpipe (100,000 gallon),
• and City of Fayetteville surge tank (230,000 gallon).
The ENGINEER will complete the following, except for the Baxter ground storage tank.
1. Coordinate with the City of Fayetteville and obtain and review available record drawings.
2. Coordinate with the City of Fayetteville to schedule water tank inspections.
3. Complete ENGINEER's Standard Tank Inspection Forms. The ENGINEER will test for exterior
coating thickness, lead paint and coating adhesion.
4. Perform an in-service inspection of all tanks, except the surge tank, using a remote operated
vehicle (ROV). The scope of services assumes the surge tank will be out of service during the
inspection.
The ENGINEER will complete an interior ROV inspection of the Baxter ground storage tank (1 million
gallon). The ENGINEER will also perform an inspection of the existing 12 inch line and altitude valve
(including control system components and materials and operations and maintenance) for the 1 million
gallon Baxter tank. The City of Fayetteville will provide excavation, tapping, and line tap coupons for
inspection and measurement by the ENGINEER.
2.3 Water Quality Evaluations
The water quality tank evaluations will include the following existing tanks and planned tank
improvements by others.
• Rogers Drive ground storage tanks (two 4 million gallon),
• Kessler Mountain ground storage tanks (two 6 million gallon),
• Baxter ground storage tanks (5 million gallon and 1 million gallon),
• Markham elevated tank (1 million gallon),
• Mount Sequoyah elevated tank (250,000 gallon),
• Canterbury Road elevated tank (500,000 gallon),
• Township elevated tank (improvements by others to replace existing 75,000 gallon with a larger
tank, approximately 250,000 gallon),
• Gulley Road elevated tank (750,000 gallon) and improvements by others to add an additional
elevated tank, approximately 750,000 gallon,
• Goshen ground storage tank (300,000 gallon),
• Benson standpipe (improvements by others to replace existing 35,000 gallon with a larger tank,
approximately 100,000 gallon),
• Round Mountain standpipe (100,000 gallon),
• and City of Fayetteville surge tank (230,000 gallon).
Appendix A - Scope of Services 1 of 4 18048030
Fayetteville 2018 Water Tank and
Water Quality Evaluations
The ENGINEER will complete the following for the water quality tank evaluations.
1. Evaluate tank mixing at all tanks (water quality, turnover, inlet momentum, and other). Further
evaluation on select tanks, up to ten, will be performed using computational fluid dynamics
(CFD) modeling software to evaluate tank mixing. The City of Fayetteville will provide the
ENGINEER the current hydraulic model, updated in 2017, for tanks flows. The ROV inspections,
within the Water Tank Inspections detailed aforementioned, will record temperature variations.
The ENGINEER will also obtain additional water temperature variation data at select tanks. The
City of Fayetteville will collect and provide free chlorine residual data, at various depths within
the tank, to the ENGINEER at select tanks. The ENGINEER will use water tank temperature and
free chlorine residual data to confirm CFD results. The City of Fayetteville will provide the
ENGINEER available water quality data within the water system from the last 36 months. The
ENGINEER will coordinate with the City of Fayetteville and City of Fayetteville's contract
operations staff project manager to obtain SCADA data.
2. The ENGINEER will prioritize and recommend tank improvements to improve water quality,
including but not limited to new tank mixing, tank operations, flushing, and tank aeration.
3. At the two Kessler Mountain ground storage tanks, the ENGINEER will evaluate other options to
improve water quality. The options include improvements and operations of existing facilities
and construction of new facilities. The City of Fayetteville will install equipment to measure
chlorine residual at the Kessler Mountain site and provide the data to the ENGINEER.
4. The ENGINEER will evaluate booster chlorination at up to two locations within the City of
Fayetteville's distribution system. The ENGINEER will develop a testing protocol to evaluate
regulated DBP formation at these sites and anticipated chlorine doses. The City of Fayetteville
will collect samples and provide laboratory DBP analyses to the ENGINEER. Specifically, the
ENGINEER will evaluate alternatives to improving and maintaining chlorine residuals within the
City of Fayetteville water service boundary, west of Interstate 49 and south of Highway 16.
5. The ENGINEER will provide recommendations for additional data needed for the evaluations
herein, to be provided by the City of Fayetteville.
2.4 Engineering Report
The ENGINEER will provide a single engineering report. Specifically, the ENGINEER will provide the
following, in addition to items aforementioned.
1. For the Water Tank Inspections, the ENGINEER will provide descriptions of tanks and tank
facilities, recommendations, and opinion of probable construction cost (OPCC) for
improvements (separate per tank site). The OPCC will have a contingency range from -20
percent to +30 percent. The report will also include Standard Tank Inspection Forms, available
record drawings, photographs, and DVD's of ROV inspections. Based upon previous tank
inspections and tank improvements by the ENGINEER, the ENGINEER will summarize and
prioritize all tank recommendations.
2. For Water Quality Evaluations, the ENGINEER will provide and prioritize capital and non -capital
recommendations for tank improvements and distribution system improvements. The
ENGINEER will prepare an OPCC for recommended capital improvements. The OPCC will
have a contingency range from -20 percent to +30 percent.
3. The ENGINEER will submit a draft report to the City of Fayetteville for review and comment,
and the ENGINEER will conduct a workshop with the City of Fayetteville to present and discuss
the draft report. The City of Fayetteville will provide input on ENGINEER recommended
prioritization for phasing and budgeting improvements. The ENGINEER will incorporate City of
Fayetteville input and comments into the final report.
4. The ENGINEER will prepare a draft presentation, summary of the report, review during a
workshop with the City of Fayetteville, incorporate City of Fayetteville comments, and present to
the Water and Sewer Committee.
Project Deliverables
Appendix A - Scope of Services 2 of 4 18048030
Fayetteville 2018 Water Tank and
Water Quality Evaluations
The following will be submitted to the City of Fayetteville, by ENGINEER:
1. Three hard copies of the draft report.
2. Three hard copies and electronic (PDF and DVD's) copy of the final report.
2.5 Additional Work — Contract Amendment Required
Extra work will require a contract amendment as approved by the City of Fayetteville and ENGINEER.
2.6 Extra Work
The following items are not included under this agreement but will be considered as extra work:
1. Redesign for the Owner's convenience or due to changed conditions after previous alternate
direction and/or approval.
2. Workshops, Presentations, and submittals or deliverables in addition to those listed herein.
3. Materials, sample collection, and testing, including all water testing, in addition to those listed
herein.
4. Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items.
5. Design, bidding, construction, warranty, operations, inspection, and evaluation of
recommendations and services after Project Deliverables.
6. Evaluation of the Beaver Water District pressurized surge tank for the City of Fayetteville.
Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the
Owner and ENGINEER.
2.7 Schedule
ENGINEER shall begin work under this Agreement within ten (10) days of a Notice to
Proceed and shall complete the work in accordance with the schedule below:
Phase Descrip[ion Calendar Days
Water Tank Inspections 30 days from Notice to Proceed
(anticipated in the summer of 2018)
Draft Report 90 days from water quality data by the City of Fayetteville
Final Report 30 days from City of Fayetteville review comments and water
quality data
Budget If the Report is not completed by the end of the year, the
ENGINEER will estimate and provide a budgetary estimate of
improvements for work herein to the City of Fayetteville by the
end of 2018 for a rate study by others
2.8 Payment
For the work described herein, the Owner will pay ENGINEER on a lump sum basis. The Owner
represents that funding sources are in place with the available funds necessary to pay ENGINEER.
If any payment due ENGINEER under this agreement is not received within 60 days from date of
invoice, ENGINEER may elect to suspend services under this agreement without penalty or liquidated
damages assessed from the Owner.
Appendix A - Scope of Services 3 of 4 18048030
Fayetteville 2018 Water Tank and
Water Quality Evaluations
The lump sum amount to be paid under this agreement is $139,000. The Owner will pay ENGINEER
on a monthly basis, based upon statements submitted by ENGINEER to the Owner indicating the
estimated proportion of the work accomplished. Payments not received within 60 days of invoice
date will be subject to a one percent monthly simple interest charge.
In addition to the lump sum amount, the amount estimated for laboratory DBP analysis and
equipment to collect and provide free chlorine residual data is estimated at $10,000. The City of
Fayetteville will pay for laboratory testing and equipment, as recommended by the ENGINEER,
outside this agreement.
In addition to the lump sum amount, the ENGINEER will provide the City of Fayetteville training on
using the hydraulic modeling software (InfoWater by Innovyze, Inc.) for water quality evaluations on
an hourly rate basis as requested by the City of Fayetteville. The City of Fayetteville will pay the
ENGINEER for time spent on the project at the ENGINEER's standard rate classification of personnel
plus standard reimbursable expenses including but not limited to printing, courier service,
reproduction, and travel. The ENGINEER's standard hourly rates will be increased annually with the
first increase effective on or about July 1, 2018. The total amount for hourly rate work is estimated to
be $5,000, and the amount shall not be exceeded without a contract amendment.
Additional Services (Extra Work). For work not described or included herein and delays beyond
ENGINEER 'S control, a contract amendment will be required.
Appendix A - Scope of Services 4 of 4 18048030
Fayetteville 2018 Water Tank and
Water Quality Evaluations
CITY OF FAYETTEVILLE
2018 Water Tank and Water Quality Evaluations
Revised 5130/2018
VARA r'D❑ AnD Di ne
WORK TASK DESCRIPTION
E -b
hr
E-4
hr
E-3
hr
C-3
hr
E-4
hr
T-1
hr
E-1
hr
E-4
hr
'I. Water Tank Inspections
Project Setup (Kickoff and Quality Control Plan)
2
1
Obtain and Review Tank Records
1
1
City Coordination and Project Management
12
Tank Inspections and ROV (Canterbury and
Round Mountain)
8
8
Baxter 1 MG (ROV) and 12" Pipe and Altitude
Valve
4
4
Surge Tank
4
4
Draft Report
4
12
4
24
12
Final Report
1
2
8
4
Subtotal- Water Tank Inspections
5
45
4
50
0
16
0
0
2. Water Quality Evaluations
Project Setup (Kickoff and Quality Control Plan)
2
1
1
1
City Coordination and Project Management
24
2017 Water Master Plan review and
determination of flows at all tanks (12 sites),
based upon 2017 hydraulic model
4
12
atn a iona empera ure
data/Coordinate Chlorine data
24
24
Obtain and Review SCADA and Water Quality
Data
2
8
8
8
CFD Modeling and Calibration
1
40
80
Tank mixing improvements
4
4
12
24
40
4
Kessler Mountain Improvements Evaluation
distribution system vs new pump station)
8
40
Southwest water service boundary chlorine
residual evaluation
- 8
30
40
Booster Chlorination Testing Protocol,
coordination, and enaWj
2
16
8
8
Additional Water Quakty Data
4
8
8
Draft Report
2
20
40
40
16
20
4
City Workshop
8
12
12
8
Final Report
2
4
4
4
8
8
2
Water and Sewer Committee Presentation
8
12
12
12
4
Allowance for Extra
24
20
Subtotal- alar QuaI tyEva uat ores
g
147
143
25
269
36
176
10
3.
0
0
0
0
0
0
0
0
+1.
0
0
0
0
0
0
0
0
Hours 13 192 147 75 269 52 176 10
Salary Costs $2,639.00 $31,872,00 $20,874.00 $10,500.00 $44,654.00 $3,848.00 $17,952.00 $1,660-00
SUBTOTAL - SALARIES: $133,999.00
1 of 2
FEE SUBTOTALS
$17,237,00
$116,762.00
0
0
CITY OF FAYETTEVILLE
2018 Water Tank and Water Quality Evaluations
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$1,201.00
Postage/Freight/Courier
$0.00
Office Supplies/Equipment
$0.00
Communications
$0.00
Survey Supplies
$0.00
Aerial Photography
$0.00
R,4V Equipment Rental
$2,30n nn
Computer Modeling/Software Use
$0,00
Traffic Counting Equipment
$0.00
Locator/Tracer/Thermal Imager Equipment
$0.00
Travel Costs
$1,50000
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $5,001.00
SUBTOTAL: $139,000.00
SUBCONSULTANTS FEE: $0.00
TOTAL LUMP SUM FEE: $139,000.00
TOTAL HOURLY RATE (Training) $5,000.00
IV IAL bT 61 IT Vr t-ATtl ItVILLIZ
(Laboratory Testing and Sampling
Equiptment) $10,000.00
TOTAL COST $154,000.00
2 of 2
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division WATER SEWER (720) Adjustment Number
2018 /Org2
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A BA is need within the Water Storage and Pump Station Maintenance project for water tank and water quality
evaluations. The water quality analysis is requested to assist the City with reviewing best methods to maintain water
quality within the distribution system. Moving budgeted funds for the water quality evaluations from the Water Quality
Improvement project to cover this cost.
RESOLUTION/ORDINANCE
COUNCIL DATE: 7/3/2018
LEGISTAR FILE ID#: 2018-0310
HoRy (7oi- x0
6/7/2018 12:52 PM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE;
POSTED; L
TOTAL - -
v.20180417
Increase / (Decrease) Projeci.Subtt
Account Number Expense Revenue Project Sub AT Account Name
5400.720.5600-5314.00 154,000 - 15021 1 EX Professional Services -
5400.720.5600-5808.00 (154,000) - 12009 1 EX Water Line Improvements - Water Line In
H:\Budget\Budget Adjustments\2018_Budget\CITY_COUNCIL\2017-07-03\2018-0310 BA GARVER.Asm