HomeMy WebLinkAbout243-19 RESOLUTIONOF FAy ErT6
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 243-19
File Number: 2019-0698
GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
GARVER, LLC, PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $87,200.00 TO PROVIDE A
CONCEPTUAL STUDY AND DESIGN OF AN INTERSTATE 49 OVERPASS AT 15TH STREET
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 of
$87,200.00 to provide a conceptual study and design of an Interstate 49 overpass at 15th Street.
PASSED and APPROVED on 11/5/2019
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Lisa Branson, Deputy City Gf. • • • ��
Page 1 Printed on 1116119
. n City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0698
Agenda Date: 11/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A 5
GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH GARVER, LLC, PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $87,200.00 TO
PROVIDE A CONCEPTUAL STUDY AND DESIGN OF AN INTERSTATE 49 OVERPASS AT 15TH
STREET
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 of $87,200.00 to
provide a conceptual study and design of an Interstate 49 overpass at 15th Street.
City of Fayetteville, Arkansas Page 1 Printed on 111WO19
City of Fayetteville Staff Review Form
2019-0698
Legistar File ID
11/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Casey 10/16/2019 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
City Council approval of a contract in the amount of $87,200.00 with Garver, LLC to provide professional services for
the engineeering study of the concept of a 15th Street Overpass of 1-49. RFQ 19-01 Selection #26
Original Contract Number:
Comments:
Budget Impact:
4470.800.8820-5809.00
Sales Tax Capital Improvements
Account Number
Fund
02116.1
Cost Share/ROW/Intersection/Street Calming
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 724,680.00
Funds Obligated
$ 81,028.75
Current Balance
$ 6437651.25
Does item have a cost? Yes
Item Cost
$ 87,200.00
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
$ 556,451.25
V20180321
Purchase Order Number:
Previous Ordinance or Resolution #
Change Order Number:
Approval Date:
Original Contract Number:
Comments:
CITY OF
P im Poo
FAYETTEVILLE
4W ARKANSAS
MEETING OF NOVEMBER 5, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Chris Brown, City Engineer
FROM: Matt Casey, Engineering Design Manager
DATE: October 16, 2019
CITY COUNCIL MEMO
SUBJECT: Approval of a contract in the amount of $87,200.00 with Garver, LLC to
provide professional services for the engineering study of the concept of a
15th Street Overpass of 1-49. RFQ 19-01 Selection #26
RECOMMENDATION:
Staff recommends City Council approval of a contract in the amount of $87,200.00 with Garver,
LLC to provide professional services for the engineering study of the concept of a 151h Street
Overpass of 1-49. The City Council Transportation Committee will review this contract at their
October 29, 2019 meeting.
BACKGROUND:
ArDOT is currently planning an extensive redesign of the 1-49 and Highway 62 (MLK Jr. Blvd.)
Interchange. With the current design, Shiloh Drive south of Highway 62 will be converted to
one-way south bound. Shiloh Drive is proposed to be extended south to Cato Springs Road to
provide an outlet for the properties served by Shiloh Drive. City of Fayetteville Engineering Staff
requested that ArDOT evaluate the option of adding an overpass at 151h Street instead of
extending Shiloh to Cato Springs Road. The overpass option will provide better egress for the
properties and easier access north bound to Highway 62 and 1-49. ArDOT agreed t o consider
including the overpass in the project, but requested the City perform a conceptual design and
traffic analysis to assess the operational feasibility. While the cost of this overpass is expected
to increase the overall project cost, and the additional cost would likely be borne by the City, the
overpass concept would strengthen the overall traffic network in the area and resolve access
concerns of adjacent properties.
DISCUSSION:
An engineering selection committee on 9/10/19 selected Garver, LLC for this study. Staff has
worked with Garver to provide a scope of work for this study. The scope of services includes
conceptual designs and traffic study, along with cost estimates for the potential revisions to the
Highway 62 Interchange as designed by ArDOT.
Garver, LLC has provided a proposed scope and fee in the amount of $87,200.00 for the study
of this project. The contract will be paid based on hourly rates for work completed, up to the
total contract amount. The study is expected to be completed in the second quarter of 2020.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
The design for this project will be paid for with the funds from the Cost Share/ ROW/
Intersection/Street Calming project fund.
Attachments:
Engineering Agreement
Vicinity Map
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of ::november Ir -)+k 12019, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
GARVER, LLC (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
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 10/11/2019
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 City Engineer 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 fii_st vvrittcn 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 basis as described in Appendix B.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER'S normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract— Professional Engineering Services 2 10/11/2019
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 Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal
of coverage.
Garver Contract— Professional Engineering Services 3 10/11/2019
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 10/11/2019
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 10/11/2019
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 10/11/2019
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 10/11/2019
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 — ProfessionalEngineeringServices 8 10/11/2019
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 10/11/2019
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 FAYETTEYTL_1`,,E, ARKANSAS ENGINEER
Lioneld J
a.•.•— By:
Senior Project Manager, Ron Petrie
111111
ATT ST: l/ ��y GLER•K j1�iz��
By: DQA��
j1 City Clerk :F 0,�•9c1� Project Manager, ff ebb
J .
IV S P5
END OF AGR
?W&*.1�t �KOFESSIONAL ENGINEERING SERVICES
Garver Contract — Professional Engineering Services 10
10/11/2019
APPENDIX A — SCOPE OF SERVICES
General
Generally, the scope of services includes performing a preliminary engineering study and traffic study
for potential conceptual revisions to the Highway 62 Interchange as designed by ARDOT.
Improvements to the planned interchange improvements will consist primarily of modifying the
southbound 1-49 entrance ramp and northbound exit ramps, adding an 1-49 overpass that also connects
to 15th Street, and roundabouts at the ramp/overpass intersections.
2. Surveys
Topographic and Property Surveys are excluded from the Scope of Services.
3. Geotechnical Services
Geotechnical services are excluded from the Scope of Services.
4. Coordination/Meetings
Garver will attend three (3) coordination meetings with the Owner and other agencies as required and
present findings at one public meeting. Garver will prepare exhibits for these meetings when
appropriate.
5. Environmental Services
Environmental Services are excluded from the Scope of Services.
6. Traffic Study & Operational Analysis
The Traffic Study & Operational Analysis phase submittal will include data compilation, volume
development, analysis, and documentation. It is anticipated that new turning movement counts will be
needed at the following intersections:
• Hwy. 62 at Razorback Road
• 151h Street at Razorback Road
• Cato Springs Road at Razorback Road
All other turning movement data will be compiled from existing sources.
7. Preliminary Engineering Study
Once Garver receives written approval from Owner on acceptance of the Traffic Study & Operational
Analysis Report, Garver will begin preparation of
• Prepare typical sections for the proposed roadway/bridge segments.
• Prepare conceptual plan & profile plans and exhibits of the proposed improvements including
the roadway segments, bridge, sidepaths, and roundabouts using available topographical
information and aerial photography.
• Conceptual review of major drainage crossings in sufficient detail to develop estimated costs.
• Review available ARDOT plans and determine items that can be removed due to the proposed
planned revisions. Prepare quantities for all items to be removed from the current ARDOT
conceptual drawings.
Appendix A - Scope of Services 1 of 3 19T21130
Fayetteville 15th Street Overpass
• Prepare opinion of probable costs for the items to be removed from the current ARDOT plans
and an opinion of probable costs for the new items including the 1-49 overpass, roundabout on
the west side of 1-49, and connection to 15°i Street.
• Prepare a preliminary engineering report that summarizes all findings.
8. Project Deliverables
The following will be submitted to the Owner, or others as indicated. by Garver:
A. One digital copy of the Traffic Study/Operational Analysis Report.
B. Three copies of the plan & profile plans/exhibit.
C. One digital copy of the Preliminary Engineering Report.
9. Extra Work
The following items are not included under this agreement but will be considered as extra work:
A. Redesign/Restudy for the Owner'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. Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items or
preparation of a SWPPP, or preparation/submittal of a CLOMR and/or LOMR.
D. Surveying.
E. Preparation of Construction Drawings.
F. Bidding.
G. Construction Phase Services.
Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner
and Garver.
10. Schedule
Garver 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
Traffic Data Collection
Traffic Study & Operational Analysis
Preliminary Engineering Report
Calendar Days
15 days from start date. Start date TBD based on
holiday break schedules of local institutions
60 days from obtaining traffic count data
45 days from City acceptance of Traffic Study
Appendix A - Scope of Services 2 of 3 19T21130
Fayetteville 1511' Street Overpass
Appendix A - Scope of Services 3 of 3 19T21130
Fayetteville 15'h Street Overpass
APPENDIX B
Fayetteville 15th Street Overpass
Garver Hourly Rate Schedule: July 2019 - June 2020
Classification
Rates
Engineers I Architects
E-1...............................................................................
$ 108.00
E-2...............................................................................
$ 126.00
E-3...............................................................................
$ 152.00
E-4...............................................................................
$ 178.00
E-5...............................................................................
$ 217.00
E-6...............................................................................
$ 272.00
E-7...............................................................................
$ 361.00
Planners I Environmental Specialist
P-1...............................................................................
$ 131.00
P-2...............................................................................
$ 164.00
P-3...............................................................................
$ 204.00
P-4...............................................................................
$ 232.00
P-5...............................................................................
$ 268.00
P-6..............................................................................
$ 306.00
P-7...............................................................................
$ 370.00
Designers
D-1..............................................................................
$ 101.00
D-2..............................................................................
$ 118.00
D-3..............................................................................
$ 141.00
D-4..............................................................................
$ 164.00
Technicians
T-1...............................................................................
$ 79.00
T-2...............................................................................
$ 100.00
T-3...............................................................................
$ 122.00
Surveyors
S-1...............................................................................
$ 49.00
S-2...............................................................................
$ 64.00
S-3...............................................................................
$ 86.00
S-4...............................................................................
$ 124.00
S-5...............................................................................
$ 164.00
S-6...............................................................................
$ 186.00
2 -Man Crew (Survey).......................................................
$ 198.00
3 -Man Crew (Survey).......................................................
$ 247.00
2 -Man Crew (GPS Survey) ................................................
$ 218.00
3 -Man Crew (GPS Survey) ................................................
$ 267.00
Construction Observation
C-1..............................................................................
$ 96.00
C-2..............................................................................
$ 123.00
C-3..............................................................................
$ 150.00
C-4.............................................................................
$ 185.00
Management/Administration
M-1
$ 370.00
X-1...............................................................................
$ 62.00
X-2...............................................................................
$ 84.00
X-3...............................................................................
$ 117.00
X-4...............................................................................
$ 150.00
X-5...............................................................................
$ 183.00
X-6..............................................................................
$ 231.00
X-7...............................................................................
$ 279.00
Agreement for Professional Services
Fayetteville 15th Street Overpass Garver Project No. 19T21130
CITY OF FAYETTEVILLE
15TH STREET OVERPASS
FEE SUMMARY
Title I Services Estimated Fees
Traffic Studies $35.100.00
Surveys $0.00
Preliminary Engineering Study $52,100.00
Preliminary Design $0.00
Final Design $0.00
Subtotal for Title I Services $87,200.00
Title II Services
Construction Materials Testing
$0.00
Construction Phase Services
$0.00
Subtotal for Title II Services
$0.00
L:\2019\19T21130 - Fayetteville 15th Street Overpass\Contracts\CI ent\DraftWPPENDIX B - 15th Street Overpass.xlsx
APPENDIX B
CITY OF FAYETTEVILLE
15TH STREET OVERPASS
TRAFFIC STUDIES
WORK TASK DESCRIPTION
E-6
$272.00
hr
E-5
$217.00
hr
E-4
$178.00
hr
E-3
$152.00
hr
E-2
$126.00
hr
E-1
$108.00
hr
T-1
$79.00
hr
1. Data Compilation
Traffic Data
Compile Turning Movement Counts (8 Int.)
8
Compile Historical ADTs (16 Locations)
8
Review NARTS Model Data
8
Review Previous Traffic Studies
8
Site Visit
Field Observations
8
Travel
6
2. Traffic Volume Development
Develop Current Traffic Volumes
1
2
8
4
8
Develop 2040 No Build Traffic Volumes
1
2
8
4
6
Develop Diverted Traffic Model (Build)
2
24
3. Analysis
Operational Analysis
2
12
16
Determine Turn Lane Configuration
1
8
4. Prepare Summary Report
Report Documentation
4
4
16
18
Coordination on Geometric Layout
4
Coordination on Cost Estimating
4
Coordination with City
2
OC Review
8
Subtotal -Traffic Engineering
10
19
24
52
66
22
22
Hours 10 19 24 52 66 22 22
Salary Costs $2,720 $4,123 $4,272 $7,904 $8,316 $2,376 $1,738
SUBTOTAL - SALARIES: $31,449.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $151.00
Postage/Freight/Courier $0.00
Travel Costs $500.00
SUBTOTAL - DIRECT NON -LABOR EXPENSE $651.00
SUBTOTAL: $32,100.00
SUBCONSULTANTS FEE: THE TRAFFIC GRC $3,000.00
TOTAL FEE: $35,100.00
APPENDIX B
CITY OF FAYETTEVILLE
15TH STREET OVERPASS
PRELIMINARY ENGINEERING REPORT
WORK TASK DESCRIPTION
E-6
$272.00
hr
E-5
$217.00
hr
E-4
$178.00
hr
E-3
$152.00
hr
E-2
$126.00
hr
E-1
$108.00
hr
T-1
$79.00
hr
1. Civil Engineering
Review of ARDOT Interchange plans
2
6
4
Typical Sections
8
16
8
Conceptual Plan & Profile Sheets
4
16
40
20
Conceptual Drainage Improvements
8
20
6
Preparation of Exhibits
2
8
20
40
Meetings/Coordination with City
6
8
4
Opinion of Probable Construction Cost - ARDOT
Items to be removed
1
2
12
Opinion of Probable Construction Cost - New Items
1
2
8
QC Review
6
4
Subtotal - Civil Engineering
22
0
62
0
0
124
74
2. Structural Engineering
1-49 Bridge Horizontal Layout
2
16
1-49 Bridge Vertical Layout
2
12
Opinion of Probable Bridge Costs
2
12
QC Review
6
Subtotal - Structural Engineering
12
0
40
0
0
0
0
3. Electrical Engineering
Lighting Concept
8
12
Opinion of Probable Lighting Costs
4
4
8
F;,
tota - ectrical Engineering
0
12
0
0
4
20
0
Hours 34 12 102 0 4 144 74
Salary Costs $9,248.00 $2,604.00 $18,156.00 $0.00 $504.00 $15,552.00 $5,846.00
SUBTOTAL - SALARIES: $51,910.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $140.00
Postage/Freight/Courier $0.00
Travel Costs $50.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $190.00
SUBTOTAL: $52,100.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $52,100.00