HomeMy WebLinkAbout129-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 129-19
File Number: 2019-0320
GARVER, LLC CHANGE ORDER NO. 1:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH GARVER, LLC
IN THE AMOUNT OF $246,475.00 FOR ENGINEERING SERVICES ASSOCIATED WITH WATER
AND SEWER RELOCATIONS REQUIRED FOR ARKANSAS DEPARTMENT OF
TRANSPORTATION JOB 040683, THE WIDENING OF HIGHWAY 170 FROM HIGHWAY 62 TO
CLYDE CARNES ROAD
WHEREAS, approving Change Order No. 1 will increase the scope and fees for Garver, LLC to
complete the full engineering design, acquire easements and provide construction phase observation and
management as necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order
No. 1 to the contract with Garver, LLC in the amount of $246,475.00 for engineering services
associated with water and sewer relocations required for Arkansas Department of Transportation Job
040683, the widening of Highway 170 from Highway 62 to Clyde Carnes Road.
PASSED and APPROVED on 6/4/2019
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0320
Agenda Date: 6/4/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 5
GARVER, LLC CHANGE ORDER NO. 1:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH GARVER,
LLC IN THE AMOUNT OF $246,475.00 FOR ENGINEERING SERVICES ASSOCIATED WITH
WATER AND SEWER RELOCATIONS REQUIRED FOR ARKANSAS DEPARTMENT OF
TRANSPORTATION JOB 040683, THE WIDENING OF HIGHWAY 170 FROM HIGHWAY 62 TO
CLYDE CARNES ROAD
WHEREAS, approving Change Order No. 1 will increase the scope and fees for Garver, LLC to complete
the full engineering design, acquire easements and provide construction phase observation and management as
necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 1 to
the contract with Garver, LLC in the amount of $246,475.00 for engineering services associated with water
and sewer relocations required for Arkansas Department of Transportation Job 040683, the widening of
Highway 170 from Highway 62 to Clyde Carnes Road.
City of Fayetteville, Arkansas Paye 1 Printed on 8/5/2019
City of Fayetteville Staff Review Form
2019-0320
Legistar File ID
6/4/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 5/16/2019 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of Amendment No. 1 to the Agreement with Garver, LLC in the amount of
$246,475.00 for Engineering Services Associated with Water and Sewer Relocations for Arkansas Department of
Transportation Job 040683, Widening of Highway 170 From Highway 62 to Clyde Carnes Road.
5400.720.5600.5314.00
Account Number
11011.1
Project Number
Budget Impact:
Water and Sewer
Fund
Water/Sewer Relocations - Bond Projects
Project Title
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
$ 1,134,172.00
$ 163,905.68
f $ 970,266.32
$ 246,745.00
$ 723,521.32
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 4, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: May 16, 2019
CITY COUNCIL MEMO
SUBJECT: Amendment No. 1 to the Agreement with Garver, LLC for Engineering
Services Associated with Water and Sewer Relocations for Arkansas
Department of Transportation Job 040683, Widening of Highway 170 From
Highway 62 to Clyde Carnes Road
RECOMMENDATION:
Staff recommends the approval of Amendment No. 1 to the Agreement with Garver, LLC in the
amount of $246,475.00 for Engineering Services Associated with Water and Sewer Relocations
for Arkansas Department of Transportation Job 040683, Widening of Highway 170 From
Highway 62 to Clyde Carnes Road.
BACKGROUND:
The City of Farmington has elected to widen and improve Highway 170 and is using Garver
Engineering to design and oversee construction. The City of Fayetteville owns and operates
several waterlines in this area that must be relocated. The project is estimated to be 72%
Reimbursable to the City of Fayetteville. Garver has already been selected for this service and
provided a conceptual design and cost estimates.
DISCUSSION:
The preliminary engineering design was completed by Garver in early 2019 (agreement
attached). The proposed Amendment No. 1 will increase the scope and fees for Garver to
complete the full engineering design, acquire easements, and provide construction phase
observation and management as necessary. This engineering services contract amendment is
based on scope of work and professional fees, not to exceed $246,475.00.
BUDGET/STAFF IMPACT:
Funding for this project is available from the Water and Sewer Relocates account.
Attachments:
Contract with appendices, signed by Garver, LLC
Preliminary Engineering Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CARVER
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville, Arkansas
Project No. 18048010
CONTRACT AMENDMENT NO. 1
This Contract Amendment No. 1, dated , 2019, shall amend the original contract
between the CITY OF FAYETTEVILLE and GARVER, LLC (ENGINEER), dated November 19, 2018
referred to in the following paragraphs as the original contract.
This Contract Amendment No. 1 adds professional services for the:
Fayetteville Highway 170 Water Relocations (ARDOT Job 04683)
The original contract is hereby modified as follows:
APPENDIX A — SCOPE OF SERVICES
Section 2.3 Environmental Services
Omit "Not Used" and add the following items as follows.
For environmental services, the ENGINEER will:
1. Prepare and obtain short term activity authorization(s) (STAA) from the Arkansas Department
of Environmental Quality (ADEQ). The Scope of Services assumes two stream crossings. The
ENGINEER will also pay the ADEQ fees, $150 per each stream crossing for municipalities.
2. Prepare a stormwater pollution prevention plan (SWPPP). The Scope of Services assumes
that surface disturbances will not exceed five acres. Accordingly, an ADEQ $200 review fee is
not required, and ADEQ approval of the SWPPP is not required.
The Scope of Services assumes that the environmental study area completed for the roadway
improvements included the water line relocation area. THE ENGINEER will obtain approval
from the US Army Corps of Engineers (USACE) to proceed under a nationwide 404 permit.
The Scope of Services assumes the USACE request will be made concurrently with the
roadway improvements. The Scope of Services assumes approval from the US Fish and
Wildlife Services (USFWS) and Arkansas State Historic Preservation Office (SHPO) has been
completed by others. The ENGINEER will include permit requirements within the construction
contract documents for the water line relocations.
Section 2.2 Final Design
Omit "Not Used" and add the following items as follows.
Contract Amendment No. 1 1 of 7 Garver Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
GARNER
2.2.1 Final Design
During the Final Design phase, the ENGINEER 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 (OPCC) with a contingency range from -10 percent to +15 percent
for construction completion. The ENGINEER will determine cost sharing percentages,
corresponding to the length of water line abandonment within and outside the right of way.
Based upon the percentages, the ENGINEER will estimate cost sharing amounts (including
construction cost, professional services, easements, and other known cost). The ENGINEER
will use CITY OF FAYETTEVILLE standard front end documents, including bid information,
agreement, bonds and certificates, general conditions, supplementary conditions, and general
requirements.
Conduct a meeting with the CITY OF FAYETTEVILLE to review and discuss the final design,
including a schedule through construction completion. The ENGINEER will also coordinate and
confirm existing utility locations and construction requirements with known utilities
electronically. Upon incorporating CITY OF FAYETTEVILLE review comments, the ENGINEER
will submit and coordinate approval with the Arkansas Department of Health (ADH) and
ARDOT. ENGINEER will pay the ADH review fee in the amount of $200. The Scope of Services
assumes that an ARDOT Utility Permit is not required. The ENGINEER will make any needed
plan changes as a result of special easement acquisition considerations, and prepare the
construction documents as required to advertise for bids.
2.2.2 Property Acquisition Documents
The ENGINEER 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 permanent acquisition for each property. The CITY OF FAYETTEVILLE
will provide a standard easement acquisition document or as an example for use by ENGINEER. The
fee for providing property acquisition documentation is based on permanent easements for no more
than 20 properties. The ENGINEER will stake easements at locations requested by the CITY OF
FAYETTEVILLE. The Scope of Services assumes that the CITY OF FAYETTEVILLE will use property
appraisals obtained by others for the roadway improvements.
Section 2.3 Bidding Services
Omit "Not Used" and add the following items as follows.
During the bidding phase of the project, the ENGINEER will:
1. Prepare and submit advertisement for bids to the CITY OF FAYETTEVILLE for publication by
the CITY OF FAYETTEVILLE. The CITY OF FAYETTEVILLE will pay advertising costs outside
of this contract.
2. Provide construction contract documents to the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will provide construction contract documents to prospective bidders.
Contract Amendment No. 1 2 of 7 Garver Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
GARNER
3. Support the contract documents by preparing addenda as appropriate. The CITY OF
FAYETTEVILLE will issue addenda to prospective bidders.
4. Participate in a pre-bid meeting.
5. Attend the bid opening.
6. Evaluate bids and recommend award. The CITY OF FAYETTEVILLE will prepare the bid
tabulation.
7. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and contractor.
The construction contracts will include addenda, and the ENGINEER will not conform the
construction documents to reflect addenda.
Section 2.4 Construction Phase Services
Omit "Not Used" and add the following items as follows.
During the construction phase of work, ENGINEER will accomplish the following:
A. Issue a Notice to Proceed letter to the Contractor and prepare and conduct a preconstruction
meeting.
B. Evaluate and respond to construction material submittals and shop drawings. Corrections or
comments made by ENGINEER on the shop drawings during this reviewwill 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
and satisfactory manner. ENGINEER'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, ENGINEER 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.
C. Issue instructions to the Contractor on behalf of the CITY OF FAYETTEVILLE and issue
necessary clarifications (respond to requests for information (RFIs) regarding the construction
contract documents.
D. Review the Contractor's progress payment requests based on the actual quantities of contract
items completed and accepted, and will make a recommendation to the CITY OF
FAYETTEVILLE regarding payment. ENGINEER's recommendation for payment shall not be
a representation that ENGINEER 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.
E. Maintain a set of working drawings and prepare and furnish record drawings.
F. Provide full-time resident construction observation services for the 120 -calendar -day
construction contract performance time. The proposed fee is based on approximately 8 hours
Contract Amendment No. 1 3 of 7 Garver Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
GARVER
per day, 5 days per week, during the construction contract performance time. If the
construction time extends beyond the time established in this agreement or if the CITY OF
FAYETTEVILLE wishes to increase the time or frequency of the observation, the CITY OF
FAYETTEVILLE will pay ENGINEER an additional fee agreed to by the CITY OF
FAYETTEVILLE and ENGINEER. If the CITY OF FAYETTEVILLE wishes to decrease the time
or frequency of observation, the proposed fee will decrease accordingly. The ENGINEER will
rely upon observations provided by the CITY OF FAYETTEVILLE.
G. Provide up to 12 hours of survey crew time for field checking quantities and contractor's layout.
The ENGINEER will not be responsible for the contractor's means and methods, and the
ENGINEER will act as the CITY OF FAYETTEVILLE's representative as defined in the General
Conditions section of the contract documents.
H. When authorized by the CITY OF FAYETTEVILLE, 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 CITY OF FAYETTEVILLE will pay ENGINEER an additional fee to be agreed
upon by the CITY OF FAYETTEVILLE and ENGINEER.
I. Participate in final project inspection, prepare punch list, review final project closing documents,
and review and recommend final pay request.
Construction observation services will be provided by ENGINEER's Resident Project Representative
(RPR), who will provide or accomplish the following:
A. Consult with and advise the CITY OF FAYETTEVILLE during the construction period.
B. Coordinate with the firm providing construction materials quality assurance testing under
separate contract with the CITY OF FAYETTEVILLE.
C. Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings
and submittals, and other appropriate information.
D. Maintain a project diary which will contain information pertinent to each site visit.
The proposed fee for Construction Phase Services is based on a 120 -calendar -day construction
contract performance time. If the construction time extends beyond the time established in this
agreement, and the CITY OF FAYETTEVILLE wishes ENGINEER to continue the applicable
Construction Phase Services, the CITY OF FAYETTEVILLE will pay ENGINEER an additional fee
agreed to by the CITY OF FAYETTEVILLE and ENGINEER.
In performing construction observation services, ENGINEER will endeavor to protect the CITY OF
FAYETTEVILLE against defects and deficiencies in the work of the Contractor(s); but ENGINEER
cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of
construction operations or for the safety measures that the Contractor(s) takes or should take. However,
if at any time during construction ENGINEER observes that the Contractor's work does not comply
with the construction contract documents, the ENGINEER will reject defective work in accordance
with the general conditions section of the contract documents.
Section 2.5 Project Deliverables
Add the following section and items as follows.
2.5.2 Final Design
Contract Amendment No. 1 4 of 7 Garver Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
RRVE]R
The following will be submitted to the CITY OF FAYETTEVILLE, or others as indicated by the
ENGINEER.
1. One hard copy and one PDF of the draft final design (full size drawings, half size drawings,
specifications, OPCC, cost sharing percentages and totals, and project schedule).
2. Electronic PDF files to ARDOT and utilities.
3. Two full size copies to the ADH.
4. Electronic PDF of the bid documents (drawings and specifications).
5. Three copies of the construction contract documents for execution by the CITY OF
FAYETTEVILLE and the contractor.
6. One full size copy of the executed construction contract documents (drawings and
specifications with addenda) three copies to the contractor.
7. Use of these materials for modification, extension, or expansion of this Project or on any
other project, unless under the direction of ENGINEER, shall be without liability to
ENGINEER and ENGINEERS's consultants.
2.5.3 Construction Phase Services
The following will be submitted to the CITY OF FAYETTEVILLE, or others as indicated by the
ENGINEER.
1. One full size and electronic pdf and AutoCAD file of the record drawings.
Section 2.6 Extra Work
Omit "2.6.1 Conceptual Design" and replace the entire list of items (numbered 1 to 15) with the list of
items below (numbered 1 to 12 below).
The following items are not included under this agreement but will be considered as extra work:
1. Redesign for the CITY OF FAYETTEVILLE's convenience or due to changed conditions after
previous alternate direction and/or approval.
2. Submittals or deliverables in addition to those listed herein.
3. Geotechnical services.
4. Utility design beyond CITY OF FAYETTEVILLE owned water facilities.
5. Abstractor Record Research.
6. Arkansas Utility Protection Services (ARKUPS) utility marking.
7. Construction materials testing.
8. Property and topographic surveys, beyond verification of existing water lines.
9. Environmental Handling and Documentation, including wetlands identification or mitigation plans
or other work related to environmentally or historically (culturally) significant items.
10. Services after construction, such as warranty follow-up, operations support, etc.
11. Hydraulic modeling.
12. Start-up or operational assistance.
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 ENGINEER.
Contract Amendment No. 1 5 of 7 Garver Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
c�ARVER
Section 2.7 Schedule
Add the following section as follows.
2.7.2 Final Design
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 Description Calendar Days
Draft Final Design 45 days from start
Final Design
Property Acquisition Documents
Section 3.0 Payment
14 days from draft final design workshop and receipt
of review comments
30 days from draft final design workshop and receipt
of review comments
Contract Amendment No. 1 adds $246,475 to the fee. Add the table below, and replace "The total
amount paid to ENGINEER under this agreement is estimated to be $19,500" with "The total amount
paid to the ENGINEER is estimated to be $19,500 for work under the original agreement plus an
estimated amount of $246,475 for Contract Amendment No. 1.
Contract Amendment No. 1
WORK DESCRIPTION
FEE AMOUNT
FEE TYPE
Property Acquisition Documents
$40,000
Hourly Rate +
Expenses
Environmental Services
$4,000
Final Design
$52,200
Biddin Services
$5,000
Construction Services
$145,275
ADDITIONAL TOTAL FEE
$246,475
Contract Amendment No. 1 6 of 7 Garver Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
9VE:R
This Amendment 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, CITY OF FAYETTEVILLE and ENGINEER have executed this Amendment
effective as of the date last written below.
CITY OF FAY TTEVILLE, ARKANSAS
t
y.
Sign re
Name: Lioneld Jordan
Printed Name
Title: Mayor
Date: 6 — q ✓ a 01 q
Attest:�fg�Z.l,{/T.<.L
City Clerk, Sondra Smith
GARVER, LLC
By:
01I -4.p"4 � �t fj�O�jDigifally signed by Joe Oollers hell
VVV y Date: 2019.05.07 09:00:07-05'00'
Signature
Name: Joe Dollerschell
Printed Name
Title: Vice President
Date: 05/07/2019
Attest: Q��
Senior Project Manager, Chris Buntin
Contract Amendment No. 1 7 of 7 Garver Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
CITY OF FAYETTEVILLE
ARDOT JOB # 040683
1 of 3 Garver No. 18048010
_ Highway 170 Water Relocations
(Farmington) (South) Washington County
30% Conceptual
Design
Submittal
February, 2019
Item
Description
Unit
Quantity
Unit Price
Amount
W1
Erosion Control
LS
1
$10,000.00
$10,000.00
W2
Traffic Control
LS
1
$10,000.00
$10,000.00
W3
Mobilization
LS
1
$10,000.00
$10,000.00
W4
Trench Excavation Safety
LS
1
$5,000.00
$5,000.00
W5
Construction Staking
LS
1
$10,000.00
$10,000.00
W6
Bonds and Insurance
LS
1
$20,000.00
$20,000.00
W7
Site Restoration
LS
1
$75,000.00
$75,000.00
W8
Material and Acceptance Testing
LS
1
$10,000.00
$10,000.00
Flowable Fill Abandoned Water Lines
W9
Under Traffic
LS
1
$25,000.00
$25,000.00
W10
Site Photos and Audio/Video Recordings
LS
1
$2,000.00
$2,000.00
W11
Dewatering
LS
1
$5,000.00
$5,000.00
W12
Groundwater Mitigation Dam
EA
12
$1,000.00
$12,000.00
W13
12" PVC Water Line
LF
420
$80.00
$33,600.00
W14
8" PVC Water Line
LF
3,600
$70.00
$252,000.00
W15
2" Water Line
LF
110
$45.00
$4,950.00
W16
Water Service Line
LF
1,300
$25.00
$32,500.00
W17
Water Meter Setting
EA
20
$1,500.00
$30,000.00
W18
12"x12" Tapping Sleeve and Valve
EA
2
$8,000.00
$16,000.00
W19
8"x8" Tapping Sleeve and Valve
EA
1
$6,000.00
$6,000.00
1 of 3 Garver No. 18048010
W20
6"x6" Tapping Sleeve and Valve
EA
4
$5,000.00
$20,000.00
W21
Cut and Plug Existing 12" Water Line
EA
2
$2,000.00
$4,000.00
W22
Cut and Plug Existing 8" Water Line
EA
1
$1,750.00
$1,750.00
W23
Cut and Plug Existing 6" Water Line
EA
4
$1,500.00
$6,000.00
W24
8" Gate Valve
EA
12
$3,000.00
$36,000.00
2" Ball Valve and Connection to Existing
W25
2" Water Line
EA
3
$1,500.00
$4,500.00
W26
Fire Hydrant Assembly
EA
8
$5,000.00
$40,000.00
W27
Ductile Iron Fittings
LB
4,000
$15.00
$60,000.00
W28
24" Open Cut Steel Encasement
LF
20
$500.00
$10,000.00
W29
16" Open Cut Steel Encasement
LF
10
$400.00
$4,000.00
W30
Undercut and Backfill
CY
50
$25.00
$1,250.00
W31
Rock Excavation
CY
100
$200.00
$20,000.00
Subtotal
$776,550
30% Design
Contingency
$232,965
30% Design - Total Opinion
of Probable Construction Cost
$1,009,515
2 of 3 Garver No. 18048010
CITY OF FAYETTEVILLE
ARDOT JOB # 040683
_ Highway 170 Water Relocations
(Farmington) (South) Washington County
30% Conceptual Design Submittal
February, 2019
Length Percentage
Water Line Abandoned (excluding services)
within Existing Right of Way 1,129 28%
Water Line Abandoned (excluding services)
outside Existing Right of Way 2,875 72%
4,004 100.00%
Estimated
Amount
Easements
$50,000
Conceptual Design
$19,500
Property Acquisition Documents
$40,000
Final Design
$52,200
Bidding
$5,000
Environmental
$4,000
Construction (Potential to be reduced,
depending upon City availability to help with inspection) $145,275
Permits and Fees $1,000
Property Acquisition Performed by the City $0
Construction Cost $1,009,515
30% Design - Total Opinion of Probable Project Cost $1,326,490
City of Fayetteville Responsibility $374,028
City of Farmington Responsibility $952,462
3 of
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Garver, LLC
City of Fayetteville Staff Review Form
2018-0646
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 11/13/2018 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an agreement with Garver, LLC in the amount of $19,500.00 for engineering services
associated with the water and sewer relocations for Arkansas Department of Transportation Job 040683, widening
of Highway 170 from Highway 62 to Clyde Carnes Road.
Budget Impact:
5400.720.5600-5314.00 Water and Sewer
Account Number Fund
11011.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Water/Sewer Relocations - Bond Projects
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget .
Project Title
$ 887,121.00
$ 377,041.37
l $ 510,079.63
$ 19, 500.00
$ 490,579.63
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
'
CITY OF
FAYETTEVILLE
ARKANSAS
TO:
Mayor Lioneld Jordan
THRU:
Don Marr, Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
November 9, 2018
SUBJECT:
STAFF MEM. O
Water Relocations required for ARDOT 040683 Hwy 170 Farmington, AR (Fayetteville owned
water mains). Preliminary/Conceptual phase 1 contract with Garver, LLC.
Approval and signature for the attached engineering services contract with Garver, LLC in the
not -to -exceed amount of $19,500.00.
RECOMMENDATION:
Fayetteville City Staff requests the approval and Mayor's signature for the attached engineering
services contract with Garver, LLC in the not -to -exceed amount of $19,500.00.
BACKGROUND
Farmington and ARDOT are widening Highway 170 from Highway 62 to Clyde Carnes Road
(near the new Farmington High School). Utility relocations, including water main relocations
have been requested.
The City of Fayetteville owns the water system in Farmington
DISCUSSION:
The proposed contract is phase 1 of an anticipated larger future engineering services contract
and will include conceptual design and opinions of probable costs.
Garver LLC is the Engineer for ARDOT and Farmington designing the widening of Hwy 170.
Thus, Garver has the surveying and design information available that should result in reduced
costs to Fayetteville for the engineering and the ultimate relocations.
Garver LLC has a long and successful history with water and sanitary sewer, including
relocations, for the City of Fayetteville. Garver's Fayetteville office continues to perform very
well for the City and approval is recommended,
BUDGET/STAFF IMPACT:
The proposed contract is hourly in the maximum not -to -exceed amount of $19,500.00.
Budgeted funds are available in Water/Sewer Relocations — Bond Projects.
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_ TTovernber: 19 _ . 2018, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinaftcr 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.
SEC: I"IOTi .z:,: 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 11/6/2018
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the
Proj ect.
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.
SEC'iTON P.ERI.UD OFSERVICE
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.
SEC >i U1�I,5 :» , PAYMENTS TO .ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement shall be based upon on a
Unit Price or Lump Sum basis as described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER'S normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Proj ect.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract — Professional Enginecring Services 2 11/6/2018
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.
SECTIM6 - GiEN:CI AL' CON91MRATIONS
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:
e of Coyeraee Limits rtf L % ili
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injuryand
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 11/6/2018
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 11/6/2018
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 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 11/6/2018
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. l 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 malting 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 11/6/2019
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 11/6/2018
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 be considered as a document for CITY OF
FAYETTEVILLE's internal management of its operations.
OCTI&.7 - SI'.ECIALICONDITIOM
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 fumished 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 11/6/1018
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,
r
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE
shall have the right to annul this Agreement without liability or at its discretion, to deduct
from the contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
Garver Contract— Professional Engineering Services 9 11/6/2018
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 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:FIYETT$VM- 1,11, ARKANSAS ENGINEER
ATTEST: � � �`�i:1�ii'np2j�
By:��f .
City Clerk Q.:�'�
END OF AGAEEM 11 SI(
��fuiili►t>���
GarverContract— Professional Engineering Services 10
Ipwol'k Dot
o,w: wi e.,.ArOU,ty olgOft
By: -
Vice President, Joe Dollerschell
By: �.
Senior Project Madager, Chris Buntin
ENGINEERING SERVICES
11/6/2018
GARNER
APPENDIX A — SCOPE OF SERVICES
2.1 General
Generally, the scope of services includes professional services to relocate CITY OF FAYETTEVILLE
owned water facilities to accommodate roadway improvements for Highway 62 — Clyde Carnes Road
(Highway 170) (Farmington) (S), Washington County, Route 170, Section 2, Arkansas Department of
Transportation (ARDOT) Job 040683.
2.2 Surveys
The ENGINEER will perform field locates for the existing water lines that are excavated by the CITY OF
FAYETTEVILLE. The surveys will use the ARDOT control and base points for the roadway relocates
and will not establish a new base system. Topographic, property, or detailed surveying is not included
as part of the Scope of Services.
2.3 Environmental Services
Not Used
2.4 Conceptual Design
During the Conceptual Design phase, ENGINEER will:
1. Review current roadway drawings and available utility relocation plans by others, electronic
drawing files (AutoCAD, GIS, or similar format) received from ARDOT.
2. Meet with CITY OF FAYETTEVILLE staff and perform field investigations to verify existing
water line types, sizes, and locations. The CITY OF FAYETTEVILLE will excavate and verify
water line locations, up to 12 locations requested by the ENGINEER, and the ENGINEER
will survey locations of water line using ARDOT roadway control.
3. Prepare conceptual water line relocations. The relocations will be as required to
accommodate roadway improvements, without improvements beyond minimum design
standards (2017 Edition of the Standard Specifications for Design and Construction of Water
Lines and Sewer Lines issued by the CITY OF FAYETTEVILLE). The Scope of Services
assumes the roadway will no longer be an ARDOT highway. Specifically, ARDOT
requirements (2010 ARDOr Utility Accommodation Policy) will not be used. The drawings
will include a cover sheet, general sheet (legend with place holder for notes and survey
control), plan and profile key map, and water relocation plans (1°=20' full size scale). The
water relocation plans will provide space for profiles and show roadway improvements and
available' utility relocation plans by others. However, profile information will be excluded from'.
the Conceptual Design: The drawings will exclude traffic control, erosion control, and`
construction details. The Conceptual Design will represent approximately 30 percent of final
construction contract plans and exclude any specifications.
4. Prepare an opinion of probable construction cost including cost sharing, based upon required
water line abandonment within and without the right of way. The ENGINEER will also provide
an opinion of additional cost and cost sharing, corresponding to water line abandonment
percentages. The additional costs will include professional services and easements. The
costs will include a contingency range from -30% to +50% for construction completion.
5. Submit the draft conceptual drawings, cost, and schedule to construction completion to the
CITY OF FAYETTEVILLE for review and comment. The ENGINEER will conduct a workshop
with the CITY OF FAYETTEVILLE to review and discuss the Conceptual Design, and the
ENGINEER will incorporate CITY OF FAYETTEVILLE review comments.
Appendix A - Scope of Services 1 of 4 ENGINEER Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
IARNER
6. Submit the final Conceptual Design to ARDOT for review and comment and assist ARDOT
with development of the Utility Agreement.
2.2 Final Design
Not Used
2.3 Bidding Services
Not Used
2.4 Construction Phase Services
Not Used
2.5 Project Deliverables
2.5.1 Conceptual Design
The following will be submitted to the CITY OF FAYETTEVILLE, or others as indicated, by ENGINEER:
1: One hard copy of the Draft Conceptual Design (one set of full size drawings, one half size set
of drawings, project cost, and project schedule).
2. One hard copy of the Final Conceptual Design (one set of full size drawings, one half size set
of drawings, project cost, and project schedule).
3. Electronic PDF files to ARDOT.
4. Electronic PDF files to the CITY OF FAYETTVILLE as requested.
2.6 Extra Work
2.6.1 Conceptual Design
The following items are not included under this agreement but will be considered as extra work:
1. Redesign for the CITY OF FAYETTEVILLE's convenience or due to changed conditions after
previous alternate direction and/or approval.
2. Submittals or deliverables in addition to those listed herein.
3. Geotechnical services.
4. Utility design beyond CITY OF FAYETTEVILLE owned water facilities.
5. Final design, bidding, and construction services.
6. Abstractor Record Research.
7. Arkansas Utility Protection Services (ARKUPS) utility marking.
8. Preparation of a Storm Water Pollution Prevention Plan.
9. Construction materials testing.
10. Property and topographic surveys, beyond verification of existing water lines.
11. Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items.
12. Services after construction, such as warranty follow-up, operations support, etc.
13. Coordination with any state agencies and any permits and permit fees.
14. Hydraulic modeling.
15. Start-up or operational assistance.
Appendix A - Scope of Services 2 of 4 ENGINEER Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
f
CARVER
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 ENGINEER.
2.7 Schedule
2.7.1 Conceptual Design
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 Descripfion ....... .. , Calendar Days:
Draft Conceptual Design 30 days from receipt of utility plans and confirmation
of CITY OF FAYETTEVILLE water line locations
Final Conceptual Design 7 days from workshop and receipt of review
comments
3.0 Payment
For the work described under SECTION 2 - SCOPE OF SERVICES (except as may be modified for
additional services required in a contract amendment), the CITY OF FAYETTEVILLE will pay
ENGINEER on an hourly rate basis. The CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE.
The table below presents a summary of the fee amounts and fee types for this contract.
WORK DESCRIPTION FEE AMOUNT FEE TYPE
Conceptual Design $19,500 Hourly Rate +
Expenses
TOTAL FEE $19,500
The CITY OF FAYETTEVILLE will pay ENGINEER, for time spent on the project, at the rates shown
in Appendix B for each classification of ENGINEER's personnel (may include contract staff classified
at ENGINEER's discretion) plus reimbursable expenses including but not limited to printing, courier
service, reproduction, and travel. The total amount paid to ENGINEER under this agreement is
estimated to be $19,500. The actual total fee may not exceed this estimate without authorization
from the CITY OF FAYETTEVILLE. The rates shown in Appendix B are subject to an annual rate
increase on or about June, 2019, and a contract amendment will be required for annual rate
increases.
Appendix A - Scope of Services 3 of 4 ENGINEER Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
GARVER
Expenses other than salary costs that are directly attributable to performance of our professional
services will be billed as follows:
1-,: Direct cost for travel, long distance and wireless communications, outside reproduction and
presentation material preparation, and mail/courier expenses.
2. Direct cost for subcontract/subconsultant fees.
3. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc.
4. The amount allowed by the Internal Revenue Service for mileage.
5. $20 per hour for GPS survey equipment use for Environmental Services only, excludes
design and property surveys.
6. Direct cost for ARKUPS and Arkansas Department of Health (ADH) review fee.
The CITY OF FAYETTEVILLE will pay ENGINEER on a monthly basis, based upon statements
submitted by ENGINEER to the CIN OF FAYETTEVILLE for the scope of services described in this
agreement. Payments not received within 60 days of invoice date will be subject to a one percent
monthly simple interest charge.
As directed by the CITY OF FAYETTEVILLE, some billable work may have been performed by
ENGINEER 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 and for work beyond the
total fee amount, a contract amendment will be required.
Appendix A - Scope of Services 4 of 4 ENGINEER Project No. 18048010
Fayetteville Water Relocations for HWY 170
(ARDOT Job 040683)
APPENDIX B
Fayetteville Water Relocations for HWY 170
(ARDOTJob 040683)
Garver Hourly Rate Schedule: July 2018 -June 2019
X-4 ................ :........ ............... :......................................... :. $ 145.00
X-5................................................................................... $ 170.00
X-6................................................................................... $ 227.00
X-7.................................................................................. S 270.00
Agreement for Professional Sorvlces
Fayetteville Water Relocations for HWY 170 Garver Project
(ARDOT Job 040663) 1 of 1 No. 18048010
!fetes:
{:»Olriatl{311+r�1'iltgcln<
E-1......:......:....................................::......................I........
$ 105.00
E-2:.::.::............................................................................
$ 122.00
............ ... ........................
$ 148.00
E-4 ......... .................. ............... ..........................................
$ 173.00
E-5...................................................................................
$ 210.00
E4.............................._.,.........,........._............,.................
5- 284.00
Fr 7., .: ..,.
$•851:00
Plapnars 1 Envirohinantal Specialist
_
P1 ............... ...................... ..............................................
$ 127.00
P-2 ................................................... ................. ....... I .... ...
$ 159.00
P-3 ............. .:.......... ,..........................................................
$ 198.00
P-4 .......... ._-,.:........... ...:......................:..:.....:.....:....:...::......
$ 225.00
................. ....... ................ ............... .....
S 261.60
...........................................................................
$ 297.00
P-7 ......................................................... :.......... ...:.......::..
= D-1 ...........:.....:.:.................. .........a........
$ 99.00
.. Q2 .......... ....:::......:.::..................::............. ::.....
$ 115;00
l),1 ..::.:.::..: .......... :.:........................... .... ............_,............
S 137.00
'Technicians
T-1 ..... ...::............. ....................... ................. ....................
$ 77.00
.:....:::::..:...:.....,.•;;;.,,..::,,:.,.................:.............;:,.
$ 97.00
......... ......... ............. :
3 1119,00
'Surveyors __ _.. ..... .. _ ........
,.......,......
- -«:+n..._:.:•, .eh. ._...ac
$ 47.00
S-2. ............. .......... .................... ........................ I
$ 62.00
13
S 84.00
S-4 .:..............•...........,........,.'..........,:.................•...........
$ 120.00
S-5-, .......... 4 e ...... ......... .............. ...... I ...............................
$ 159.00
S-6.::.:........................................................7.....................
$ 181.00
2 -Man O.OW. (S"Y).... .......................... ..............................
$ 192.00
-'3-ManClew(StftV`,;..........................................................
$ 239.00
2 -Man Crew (111=...............::............:......:...............
S 212.00
iis4tlo`t�rA#F:{tiP8•::,•.::,,•,,..,••..•,...;•,:.•..... .................
5 259:00
Construction Observation
C-1. . ................ ........ I ....................... ........ ........
$ 93.00
C-2 ................................................. ............ ........ I .......... ....
$ 119.00
......
C-3; ... ; ...........................................
$ 146.00
C-0.. .>a.... � ..n.
5 X79.00-
Management/Administration
- -
M-1
$ 359.00
X-1 ................ ..:..........:...........::.......:................. ...:............
$ 60.00
X-2 .............. :.............. :..................... :................................
$ 82:00
X-3 ........ :....... :.......... :......... :....... :.................................. .:,.
$ 114.00
X-4 ................ :........ ............... :......................................... :. $ 145.00
X-5................................................................................... $ 170.00
X-6................................................................................... $ 227.00
X-7.................................................................................. S 270.00
Agreement for Professional Sorvlces
Fayetteville Water Relocations for HWY 170 Garver Project
(ARDOT Job 040663) 1 of 1 No. 18048010