HomeMy WebLinkAbout191-19 RESOLUTIONOF FAY E)7
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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 191-19
File Number: 2019-0.174
RFQ #19-01 GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
GARVER, LLC, PURSUANT TO RFQ #19-01, IN THE AMOUNT NOT TO EXCEED $59,600.00 FOR
THE REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE PROJECT
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, pursuant to RFQ #19-01, in the amount not to exceed
$59,600.00 for design, permitting, bidding, and construction management and observation associated with
the rehabilitation of the Round Mountain water standpipe project.
PASSED and APPROVED on 9/3/2019
Page 1
Attest:
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Sondra E. Smith, City Clerk Treasu> ",m
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: FAYETTEVILLE
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0474
Agenda Date: 9/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: A. 4
RFQ #19-01 GARVER, LLC:
File Type: Resolution
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH GARVER, LLC, PURSUANT TO RFQ #19-01, IN THE AMOUNT NOT TO EXCEED
$59,600.00 FOR THE REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE
PROJECT
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, pursuant to RFQ #19-01, in the amount not to exceed
$59,600.00 for design, permitting, bidding, and construction management and observation associated with the
rehabilitation of the Round Mountain water standpipe project.
City of Fayetteville, Arkansas Page 1 Printed on 9/4/2019
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2019-0474
Legistar File ID
9/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/2/2019 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a Professional Engineering Services Agreement with Garver, LLC in the amount of
$59,600.00 for rehabilitation design for the Round Mountain Water Standpipe project.
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Budget Impact:
5400.720.5600-5314.00
Water and Sewer
Account Number
Fund
12009.1
Water System Rehabilitation/Replacement
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 8,953,977.00
Funds Obligated
$ 3,045,360.46
Current Balance
( $ 5,908,616.54
Does item have a cost? Yes
Item Cost
$ 59,600.00
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
$ 5,849,016.54
V20180321
Purchase Order Number:
Previous Ordinance
or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 3, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: August 2, 2019
CITY COUNCIL MEMO
SUBJECT: APPROVAL OF AN ENGINEERING SERVICES AGREEMENT NOT TO
EXCEED $59,600.00 WITH GARVER, LLC FOR REHABILITATION DESIGN
FOR THE ROUND MOUNTAIN WATER STANDPIPE
RECOMMENDATION:
Staff recommends approval of an engineering services agreement not to exceed $59,600.00
with Garver, LLC for rehabilitation design for the Round Mountain water standpipe project.
BACKGROUND:
Routine life -cycle rehabilitation of the Round Mountain water standpipe is recommended per
recent water tank inspection services. This standpipe is located at 14360 Round Mountain Road
in the southeast region of Fayetteville's water service area and has a capacity of 100,000
gallons. Tank inspections across Fayetteville's water system were performed by Garver, LLC in
2018 to fulfill state requirements.
DISCUSSION:
This agreement will allow Garver to design interior and exterior coating replacements (paint),
tank repairs as needed, new handrails, cable safety systems, footing repairs, site safety
elements, tank mixing, and other items to bring this water storage tank into compliance with
modern health and safety codes. This agreement includes all services needed from Garver for
the engineering design, permitting, bidding, and construction management/observation. This
engineering services contract is based on scope of work and professional fees, not to exceed
$59,600.00. Garver, LLC was selected to perform the engineering services per RFQ #19-01,
Selection #9.
BUDGET/STAFF IMPACT:
Funding for this project is available from the Water System Rehabilitation account.
Attachments:
Engineering Services Agreement
Water Master Plan Excerpts
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 ember- 3 , 2019, 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 l - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has
full responsibility for the engineering services.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER:
Garver Contract— Professional Engineering Services 1 6/12/2019
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
Proj ect.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract— Professional Engineering Services 2 6/12/2019
shall be accompanied each month by the updated project schedule as the basis for
determining the value earned as the work is accomplished. Final payment for
professional services shall be made upon CITY OF FAYETTEVILLE's approval and
acceptance with the satisfactory completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF
FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed
portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to
pay invoices within 30 days of date the invoice is approved, however, payment within
30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Agreement, except claims which are specifically exempted by
ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by
State law or otherwise expressly agreed to by the parties to this Agreement, final
payment under this Agreement or settlement upon termination of this Agreement shall
not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or
his sureties under this Agreement or applicable performance and payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in
United States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
'ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal
of coverage.
Garver Contract — Professional Engineering Services 3 6,12/2019
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 6/12/2019
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 6/12/2019
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way
are related to, this Agreement, including, but not limited to the interpretation of this
Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF
FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes
concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior
to exhaustion of these procedures, such action shall be stayed, upon application by either
party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4
have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based, the
party seeking relief shall serve the other party with a written Notice;
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or
first observance of defect or damage. In both instances, the Notice shall specify the
nature and amount of relief sought, the reason relief should be granted, and the
appropriate portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY
OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If
the dispute cannot be resolved at that level, then, upon written request of either side, the
matter shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such
other location as is agreed upon within 30 days of the written request to resolve the
dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may
prepare publications, such as technical papers, articles for periodicals, and press releases,
pertaining to ENGINEER's services for the Project. Such publications will be provided
to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance
review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide
CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE
Garver Contract — Professional Engineering Services 6 6/12/2019
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 / 6/122019
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the
written consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon
shall become a part of this Agreement. Said purchase order document, whether or not
signed by ENGINEER, shall be considered as a document for CITY OF
FAYETTEVILLE's internal management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the
services shall be construed as a waiver of any rights under this Agreement or of any cause
of action arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance
of any of the services furnished under this Agreement except for errors, omissions or
other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express
or implied assurances under this Agreement or State law and in no way diminish any
other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty
materials, equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims,
disputes and other matters in question between CITY OF FAYETTEVILLE and
ENGINEER arising out of or relating to this Agreement or the breach thereof will be
Garver Contract— Professional Engineering Services 8 6/12/2019
decided in a court of competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly
pertinent to performance on work under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied in effect on the date of
execution of this Agreement. ENGINEER shall also maintain the financial information
and data used by ENGINEER in the preparation of support of the cost submission
required for any negotiated agreement or change order and send to CITY OF
FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE,
the State or any of their authorized representatives shall have access to all such books,
records, documents and other evidence for the purpose of inspection, audit and copying
during normal business hours. ENGINEER will provide proper facilities for such access
and inspection.
7.3.2 Records under Paragraph 7.3.1 above shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution
of such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting
the price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally
advertised, competitively awarded, fixed price agreement. However, this right of
access does not apply to a prime agreement, lower tier subagreement or purchase
order awarded after effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance,
excluding any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE
shall have the right to annul this Agreement without liability or at its discretion, to deduct
from the contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
Garver Contract — Professional Engineering Services 9 6/12/2019
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 F
ATTEST
By: 1.Q '-C: Z'&
Ci Clerk
ENGINEER
( DigUlyate:2 signed by .be Dollers:07-W hell
Dale: 2019.06.1316:40:0705'00'
By
Vice President, C. Joseph Dollerschell
ATTEST:
By:
ty ``����ttt��rSenior Projec anager, Chris Buntin
�. •• coo e• p os
.F
Ln
qyF
END OF AGREEMEN'. FOR ft.OFE* ijJNAL ENGINEERING SERVICES
Garver Contract — Professional Engineering Services 10 6/12/2019
APPENDIX A — SCOPE OF SERVICES
General
Generally, the scope of services includes design, bidding services, and construction support services
for improvements to the Round Mountain Standpipe (100,000 gallons) located at 14360 Round
Mountain Road.
Project Management
A. Develop a project management plan, including project scope, project team, deliverables,
communication protocol, and project schedule.
B. Prepare monthly invoices and provide the CITY OF FAYETTEVILLE a project status update.
Design
During the design phase of the project, ENGINEER will:
A. Provide the design for removal and replacement of the interior and exterior coating with a high
performance multi -layer epoxy coating (including seam treatment), and the work will include
repairs to all rusted areas and pits. The exterior tank color will be selected by the CITY OF
FAYETTEVILLE and exclude a logo.
B. Provide the design for a new handrail and landing on top of the tank, next to the manway.
C. Provide the design for a new cable safety climb device on the existing interior tank ladder.
D. Provide the design for a grout rub on the tank footing and seal between the tank and footing.
E. Provide the design for new pipe bollards to protect the propane tank for backup power.
F. Provide the design for the replacement of the vent hood with a stainless steel one, including
the insect screen.
G. Provide the design for replacement of the PVC pipe fill/drain floor penetration seal.
H. Provide the design to extend the overflow to the bottom of the tank with new screen and flap
valve.
I. Provide the design for tank mixing. The design will be based upon Medora Corporation's
GridBee model GS -9 (120 volt submersible electric mixer and GS Series Control Box with
SCADA Monitoring). Chemical injection is not included. The scope of services assumes there
is a spare 4-20 mA input into the exiting telemetry controller for connection of the new mixer
panel for SCADA monitoring.
J. Prepare construction drawings consisting of a cover sheet, general notes sheet, site plan sheet,
and details sheets.
K. Prepare specifications. 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.
L. Submit the draft design drawings, specifications, and opinion of probable construction cost
(OPCC) with a contingency of 15 percent to the CITY OF FAYETTEVILLE for review and
comment, meet with the CITY OF FAYETTEVILLE to discuss review comments, incorporate
CITY OF FAYETTEVILLE review comments, and prepare the final plans and specifications as
required to advertise for bids.
M. Submit and coordinate approval from the Arkansas Department of Health (ADH). The
ENGINEER will pay the $200 ADH review fee.
4. Bidding Services
During the bidding phase of the project, ENGINEER will:
A. 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.
Appendix A - Scope of Services 1 of 5 19W01270
Round Mountain Standpipe Rehabilitation
B. Provide construction contract documents to the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will provide construction contract documents to prospective bidders.
C. Support the contract documents by preparing addenda as appropriate. The CITY OF
FAYETTEVILLE will issue addenda to prospective bidders.
D. Participate in a pre-bid meeting.
E. Attend the bid opening.
F. Evaluate bids and recommend award. The CITY OF FAYETTEVILLE will prepare the bid
tabulation.
G. 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.
5. Construction Phase Services
During the construction phase of work, ENGINEER will accomplish the following:
A. Issue a Notice to Proceed letter to the Contractor and attend 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 review will not relieve Contractor
from compliance with requirements of the drawings and specifications. The check will only be for
review of general conformance with the design concept of the project and general compliance with
the information given in the contract documents. The Contractor will be responsible for confirming
and correlating all quantities and dimensions, selecting fabrication processes and techniques of
construction, coordinating his work with that of all other trades, and performing his work in a safe
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 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 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 part-time resident construction observation services for the 60 -calendar -day
construction contract performance time. The proposed fee is based on 120 hours during the
60 -calendar -day construction contract performance time. If the construction time extends
beyond the time established in this agreement or if the FAYETTEVILLE wishes to increase the
time or frequency of the observation, the FAYETTEVILLE will pay ENGINEER an additional
fee agreed to by the FAYETTEVILLE and ENGINEER.
G. When authorized by the 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
FAYETTEVILLE will pay ENGINEER an additional fee to be agreed upon by the
FAYETTEVILLE and ENGINEER.
H. Participate in final project inspection, prepare punch list, review final project closing documents,
and submit final pay request.
Appendix A - Scope of Services 2 of 5 19W01270
Round Mountain Standpipe Rehabilitation
Construction observation services will be provided by ENGINEER's Resident Project Representative,
who will provide or accomplish the following:
A. Consult with and advise the FAYETTEVILLE during the construction period.
B. Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings
and submittals, and other appropriate information.
C. Maintain a project diary which will contain information pertinent to each site visit.
The proposed fee for Construction Phase Services is based on a 60 -calendar -day construction contract
performance time and 120 hours of construction observation. If the construction time extends beyond
the time established in this agreement, and the FAYETTEVILLE wants ENGINEER to continue the
applicable Construction Phase Services, the FAYETTEVILLE will pay ENGINEER an additional fee
agreed to by the FAYETTEVILLE and ENGINEER.
In performing construction observation services, ENGINEER will endeavor to protect the 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, ENGINEER will notify the CITY OF FAYETTEVILLE immediately, so that
appropriate action under the FAYETTEVILLE's contract with the Contractor can be taken.
6. Project Deliverables
The following will be submitted to the FAYETTEVILLE, or others as indicated, by ENGINEER:
A. One full size copy and electronic pdf of the draft and final drawings, specifications, and OPCC
B. Two full size copies to the ADH.
C. Electronic pfd of the bid documents (drawings and specifications)
D. Three copies of the construction contract documents for execution by the CITY OF
FAYETTEVILLE and the contractor.
E. One full size copy of the executed construction contract documents (drawings and
specifications with addenda) and three copies to the contractor. The contract documents will
not be updated to reflect addenda (conformed documents).
F. One full size copy and pdf and AutoCAD file of the record drawings.
G. Use of these materials for modification, extension, or expansion of this Project or on any other
project, unless under the direction of the ENGINEER, shall be without liability to the
ENGINEER.
7. Extra Work
The following items are not included under this agreement but will be considered as extra work:
A. Redesign for the CITY OF FAYETTEVILLE'S convenience or due to changed conditions after
previous alternate direction and/or approval.
B. Submittals or deliverables in addition to those listed herein.
C. Construction materials testing.
D. Construction progress meetings.
E. Generator or electrical service upgrades.
F. PLC and SCADA programming.
G. Services after construction, such as warranty follow-up.
H. Legal and litigation services.
Extra Work will be as directed by the FAYETTEVILLE in writing for an addition fee as agreed upon by
the FAYETTEVILLE and ENGINEER.
Appendix A - Scope of Services 3 of 5 19W01270
Round Mountain Standpipe Rehabilitation
8. 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 Description Calendar Days
Draft Design 45 days from start
Final Design 14 days from draft design comments
9. Payment
For the work described under APPENDIX A - SCOPE OF SERVICES (except as may be modified for
additional services required), the FAYETTEVILLE will pay the Engineer on an hourly rate basis. The
FAYETTEVILLE represents that funding sources are in place with the available funds necessary to pay
the Engineer.
If any payment due the Engineer under this agreement is not received within 60 days from date of invoice,
the Engineer may elect to suspend services under this agreement without penalty or liquidated damages
assessed from the FAYETTEVILLE.
The table below presents a summary of the fee amounts and fee types for this contract.
WORK DESCRIPTION
ESTIMATED FEE
AMOUNT
FEE TYPE
Project Management
$1,800
Design
$22,300
Hourly Rate +
Expenses
Bidding Services
$ 6,400
Construction Phase Services
$29,100
TOTAL FEE
$59,600
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. For informational purposes, a breakdown of the ENGINEER's
estimated costs are included in Appendix B. The rates shown in Appendix B are subject to an annual
rate increase on or about July, 2020.
The total amount paid to the ENGINEER under this agreement is estimated to be $59,600. The actual
total fee may not exceed this estimate without authorization from the CITY OF FAYETTEVILLE.
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.
Appendix A - Scope of Services 4 of 5 19W01270
Round Mountain Standpipe Rehabilitation
2. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc.
3. The amount allowed by the federal government for mileage with an additional $0.05 for survey
trucks/vans.
The CITY OF FAYETTEVILLE will pay ENGINEER on a monthly basis, based upon statements
submitted by ENGINEER to the CITY OF FAYETTEVILLE for the scope of services described in this
agreement. Payments not received within 60 days of invoice date will be subject to a one percent
monthly simple interest charge.
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 5 of 5 19W01270
Round Mountain Standpipe Rehabilitation
APPENDIX B
Round Mountain Standpipe Rehabilitation
Garver Hourly Rate Schedule: July 2019 - June 2020
Classification
Rates
Engineers / Architects
E-1...............................................................................
S 110.00
E-2...............................................................................
$ 127.00
E-3...............................................................................
$ 154.00
E4...............................................................................
$ 180.00
E-5...............................................................................
$ 219.00
E-6...............................................................................
$ 274.00
E-7- ........... ........................................
S 365.00
Planners / Environmental Specialist
P-1...............................................................................
$ 132.00
P-2...............................................................................
$ 166.00
P-3...............................................................................
$ 206.00
P-4...............................................................................
$ 234.00
P-5...............................................................................
$ 271.00
P-6..............................................................................
$ 309.00
P -7 ............................................................ . ........
S 374.00
Designers
D-1..............................................................................
S 103.00
D-2.............................................................................
S 120.00
D-3.............................................................................
S 142.00
D-4 ....... ................ ...._................................_.._ .......
S 166.00
Technicians
T-1.......... .............. ...................... ..................... __..
S 80.00
T-2..............................................................................
S 101.00
T-3...............................................................................
S 123.00
Surveyors
S-1..............................................................................
$ 49.00
S-2...............................................................................
$ 55.00
S-3...............................................................................
$ 87.00
S-4...............................................................................
$ 125.00
S-5...............................................................................
$ 166.00
S-6...............................................................................
$ 188.00
2 -Man Crew (Survey).......................................................
$ 218.00
3 -Man Crew (Survey).......................................................
$ 259.00
2 -Man Crew (GPS Survey) ...............................................
$ 248.00
3-M2n Crew (GPS Survey). ...... _................... .........
S 290.00
Construction Observation
C-1 ..............._. ..................... ......................
$ 97.00
C-2.............................................................................
$ 124.00
C-3.............................................................................
$ 152.00
C-4 __. ...... __................. ......... .__._.._............. __.
S 186.00
Management/Administration
M-1
$ 374.00
X-1...............................................................................
$ 63.00
X-2...............................................................................
$ 85.00
X-3...............................................................................
$ 119.00
X-4...............................................................................
$ 151.00
X-5...............................................................................
$ 186.00
X-6...............................................................................
$ 236.00
X-7...............................................................................
$ 281.00
Agreement for Professional Services
Round Mountain Standpipe Rehabilitation Garver Project No. 19W01270
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Round Mountain Pressure Plane
The Round Mountain pressure plane
consists of a 0.1 -MG standpipe tank. The
tank is located on Round Mountain Road
in the southeast region of the Fayetteville
water service area, and has an overflow
elevation of 1,624 -feet msl. The pressure
plane is supplied water from the Primary
pressure plane through the Round
Mountain pump station, which is located
on Lake Sequoyah Drive.
Fayetteville Master Plan Study Excerpt 4-12
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