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Home My WebLink About21-21 RESOLUTION - mF FAYE rT .lm J� lr.i ' Q5'hANSPS 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Resolution: 21-21 File Number: 2020-1122 CHEVROLET OF FAYETTEVILLE: A RESOLUTION TO APPROVE THE PURCHASE OF NINE VEHICLES FROM CHEVROLET OF FAYETTEVILLE FOR FLEET OPERATIONS IN THE TOTAL AMOUNT OF $283,021.00, PURSUANT TO A STATE PROCUREMENT CONTRACT 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 the purchase of nine vehicles, as shown in the pricing sheets attached to this Resolution, from Chevrolet of Fayetteville in the total amount of$283,021.00, pursuant to a state procurement contract. PASSED and APPROVED on 1/5/2021 Approve Attest: ``��iitirrrrfo,_ � `�, ctERK/rf/1� 'n-1�' (:14'(/"-- �•�c�,• CITY••*t*`'* O•.9 ; ione d Jor , yor Kara Paxton, City Clerk Treasui2r : al y :c Page 1 Printed on 1/7/21 �o,FAYETTfy,` City of Fayetteville, Arkansas 113 West Mountain Street �\ Fayetteville,AR 72701 o 1044 I (479)575-8323 -`"'iiiiifr Text File 7RKANSP/ File Number: 2020-1122 Agenda Date: 1/5/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.22 CHEVROLET OF FAYETTEVILLE: A RESOLUTION TO APPROVE THE PURCHASE OF NINE VEHICLES FROM CHEVROLET OF FAYETTEVILLE FOR FLEET OPERATIONS IN THE TOTAL AMOUNT OF$283,021.00, PURSUANT TO A STATE PROCUREMENT CONTRACT 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 the purchase of nine vehicles,as shown in the pricing sheets attached to this Resolution,from Chevrolet of Fayetteville in the total amount of$283,021.00, pursuant to a state procurement contract. City of Fayetteville,Arkansas Page 1 Printed on 1/7/2021 City of Fayetteville Staff Review Form 2020-1122 Legistar File ID 1/5/2021 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Sara Glenn 12/10/2020 FLEET OPERATIONS (770) Submitted By Submitted Date Division/ Department Action Recommendation: A resolution to authorize the purchase of a total of nine (9) vehicles for Arkansas State Contract pricing in the total amount of$283,021.00 through Chevrolet of Fayetteville. Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02078.2020& 02081.2018/2019/2020/2021 Light/Medium Trucks& Police/Passenger Project Number Project Title Budgeted Item? Yes Current Budget $ 1,135,721.97 Funds Obligated $ - Current Balance $ 1,135,721.97 Does item have a cost? Yes Item Cost $ 283,021.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 852,700.97 V20180321 Purchase Order Number: Previous Ordinance or Resolution# Change Order Number: Approval Date: Original Contract Number: Comments: .40 CITY OF FAYETTEVILLE CITY COUNCIL MEMO ARKANSAS MEETING OF JANUARY 5, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent p p DATE: December 10, 2020 SUBJECT: Purchase of vehicles off the Arkansas State Contract RECOMMENDATION: Council approves the purchase of a total of nine (9) vehicles for Arkansas State Contract pricing in the total amount of$283,021.00 through Chevrolet of Fayetteville. BACKGROUND: Unit 2130 is a 2008 Chevy Express 15 Passenger Van that is in Fleet's rental pool. This unit is used for the YRCC's field trips, City Council's trips, transporting groups of employees to trainings or events and other activities. This van has exceeded its life expectancy and the manufacturer is no longer making some of the parts for the unit. Unit 351 is a 2005 Chevy Silverado 3500 truck for Fleet road calls. The body and crane of this truck was replaced a couple years ago. However, the cab and chassis is now at 15/15 points and over its life expectancy. Unit 1158 is a 2006 Honda Element that has 13.4/15 points. Unit 1311 is a 2013 Dodge Grand Caravan that was purchased used. Both vehicles have exceeded their life expectancy. In the 2021 CIP an expansion unit was approved for the Police Department. In addition, several Patrol units are coming due for replacement. To ensure that the units are received and upfit in time, Fleet needs to order them as soon as possible. DISCUSSION: A Chevy Express 15 Passenger Van is available in the amount of$30,393.00. A Chevy Silverado 3/4 ton 4x4 Extended cab and chassis is available in the amount of $29,238.00. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Two Chevy Traverses, One AWD and one FWD, are both available in the amounts of $25,845.00 and $23,998.00 respectively, for a combined total of$49,843.00. The All- Wheel Drive unit would go to the Planning department to be used when inspecting job sites or potential build areas. The Front-Wheel Drive unit will be used to replace the Dodge Caravan at FYV. Five Chevy Tahoe's with Police Pursuit Packages are available in the amount of $35,390.00 each, for a total of$176,950.00. All units are available through Chevrolet of Fayetteville, AR for a combined total of $283,021.00 with Arkansas DFA Contract Pricing. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected for each individual purchase. Each item was approved at the December 8th, 2020 Equipment Committee meeting. Attachments: State Contract Pricing Sheets 2 2021 Vehicle Specifications & Options Pricing ITEM 35 Dealer Name: BALE CHEVROLET TYPE VDA 10011650 Vehicle Make/Model CHEVROLET EXPRESS PASSENGER 1 Ton 15 Passenger Van Model Code: CG33706 1LS City MPG Estimate N/A Highway MPG Estimate N/A CO-OP Purchasing One Way Delivery Charge Per Mile $1.75 Back to Table of Contents VEHICLE BID PRICE $26,295.00 with add-ons. Total is $26.990 Body & Chassis Base Vehicle Minimum Enter Vehicle Specification and Manufacturer Requirements Codes (Fill-in Unshaded Blanks Only) 1 Ton 1 Ton Full Size 15 Passenger Van Gross Vehicle Weight Rating 9,000 lbs. Overall Length Overall Length: 235" Engine Engine Size 275 hp-List HP, Liters&Cylinders 276 HP 4.3 LITER V$ Fuel Type Gasoline Transmission/Drivetrain Automatic Transmission Automatic-List Type, Speeds etc. 8 SPEED AUTO Primary Drive Axle Mfg.Std.-List Type REAR WHEEL Electronic Stability Control Electronic Stability Control System Differential Type/Ratio Mfg.Std. -List Ratio&Type 3 42 Electrical Alternator Mfg. Std. Battery Mfg.Std. Fuel Tank Fuel Capacity(Gals) Mfg Std.-List Amount in Gallons _,F Exterior One Std. Color(non-premium)from Paint Manufacturer's Full Chart of Std. Paint Bumpers Mfg.Std Front&Rear License Plate Brackets Front and Rear Brackets Windshield Washer Windshield Washer&Multi-Speed Wipers Doors & Mirrors 2 Front, Right&Left With Crank Vertical Windows,2 Right Side to Open in Opposite Doors Directions or One Sliding Door, and 2 Rear Doors That Open in Opposite Directions Mirrors Two Outside, Right&Left, One inside Interior Air Conditioning AC Factory Installed Radio Audio system with AM/FM Stereo Cruise Cruise Control, Factory Installed Tilt Steering Tilt Steering Wheel Steering Power Steering Minimum of 3 Windows Capable of Being Windows Opened Power Windows&Door Locks Power Windows&Door Locks Tinted Glass Mfg. Std.Tint on All Windows Gauges/Indicators Mfg. Std. List Gauges/Indicators DRIVER INFO CENTER Seats Mfg. Std., Colors Must Blend With Interior& Seats Exterior Color ITEM 35 Dealer Name: BALE CHEVROLET Safety .7; 97/zz e Brakes Anti-Lock Brake System(ABS)-List Disc/Drums 4 WHEEL ANTI LOCK DISC Restraint System All Pass Required Air Bags. Front, Both Sides Required Tires &Wheels Tires&Wheels Mfg. Std. -List Size LT245/75R16E Spare Mfg. Std. List LT245/75R16E Warranty 3 Years or 36,000 miles,whichever Bumper to Bumper Warranty comes first Drive Train Warranty List Warranty 5 YEAR 100,000 MILES ITEM 35 VEHICLE OPTIONS Dealer Name: BALE CHEVROLE" TYPE VDA 1 Ton 15 Passenger Van Back to Table of Contents Enter Optional Equip. Desc. Body & Chassis Code Option Minimum Requirement Price & Mfg. Option Codes Engine Engine Alternative Fuel: CNG system shall include all CNG System components necessary to power vehicle with CNG CNG. N/A Alternative Fuel: LPG system shall include all components necessary to power vehicle with LPG System LPG LPG. N/A Alternative Fuel CL CNG or LPG Engine Prep. Package N/A Flex Fuel FFV Flex Fuel Capable N/A Gasoline Engine Upgrade CC 300hp List HP Liter. Cylinders L8T 401 HP 6.6 LITER V8 $1,695.00 Transmission/Drivetrain Limited Slip Differential LS Limited Slip Differential G80 $325.00 Transmission Oil Cooler UO Auxiliary,Transmission Oil Cooler N/A Electrical Daytime Running Lights DL Add Daytime Running Lights STD Alternator HA Heavy Duty Alternator-List Amps KW5 220 AMP $75.00 Batteries DB Dual Batteries N/A Power Outlet EP Add 12-Volt Power Outlet STD Doors &Windows Deep Tinted Windows TG Add Deep Tinted Glass STD Windows(delete for credit) DO Delete Sides and Rear Cargo Windows N/A Interior Auxiliary Air Conditioning&Heat RA Rear A/C&Heat Unit Factory Installed STD Premium Audio System with AM/FM Stereo& Radio Upgrade RU MP3 Capability STD Vinyl Floor VF RubberNinyl Flooring STD Supplemental Air Bags HC Head-Curtain Side Impact Air Bags STD Additional Seat HO Add Additional Seat in Rear of Van N/A Cloth Seats CS Cloth Seats AS5 $255.00 Front Buckets FB Front Bucket Seats with Console STD Tires &Wheels All Terrain Tires AT All Terrain Tires N/A Spare WL Mounted Full Size Spare STD Towing Towing Package Including: Hitch,Wiring Towing XO Harness, Upgraded Radiator,Transmission Cooler Z82 $280.00 Electric Brake Controller BC Add Electric Brake Controller N/A Towing Differential BO Differential for Extra Towing Capability N/A 2021 Vehicle Specifications & Options Pricing ITEM 19 Dealer Name: BALE CHEVROLET TYPE PEB 10011638 Vehicle Make/Model: CHEVROLET SILVERADO 3/4 Ton Extended Cab Model Code: CK20953 1WT 4X4 Wheel Drive City MPG Estimate: N/A Highway MPG Estimate: N/A CO-OP PurchasingOne WayDeliveryCharge Per Mile: $1.75 add-ons $2,565 9 Nn Rari rlarlUCt$1 1 55 Back to Table of Contents VEHICLE BID PRICE: $27,828.00 Final Cost$ 29,238 Body & Chassis Base Vehicle Minimum Enter Vehicle Specification and Manufacturer Requirements Codes (Fill-in Unshaded Blanks Only) Extended Cab Pickup Truck Extended Cab Gross Vehicle Weight Rating 8,500 lbs. 3/4 Ton 3/4 Ton Pickup i j Wheelbase/CA Mfg. Std.-List Size 162.48 W/B 55.2 CIA Bed Long Wide Bed Engine Y'''/D%'%i r////7,,, Engine Size 350hp-List HP, Liters&Cylinders 401 HP 6.6 LITER V8 Fuel Type Gasoline %.: i Transmission/Drivetrain sue ; Automatic Transmission Automatic-List Type; Speeds etc. SIX SPEED AUTO 4X4 4X4 with Auto Locking Hubs ,, Differential Type/Ratio Mfg.Std.-List Ratio&Type ? 73 Electrical ` „ A Alternator Mfg. Std ' Battery Mfg. Std. ;'� Fuel Tank Fuel Capacity(Gals) Mfg. Std. -List Amount in Gallons Exterior . One Std. Color(non-premium)from Paint Manufacturer's Full Chart of Std. Paint Bumpers Mfg.Std Front,Step-Type Rear License Plate Brackets Front and Rear Brackets Windshield Washer Windshield Washer&Multi-Speed Wipers , , Doors& Mirrors % t Doors 4 Doors -;;; Mirrors Two Outside, Right&Left. One Interior Interior i I Air Conditioning AC Factory Installed V;; Radio Audio System with AM/FM Stereo /r '; Tilt Steering Tilt Steering Wheel � Steering Power Steering Tinted Glass Mfg. Std. Gauges/Indicators Mfg. Std. List Gauges/Indicators SPEEDOMETER INST CLUSTER Mfg.Std.,Colors Must Blend With Interior& Seats Exterior Color . . Safetykh Anti-Lock Brake System List (ABS)( ) 1 Brakes Disc/Drums 4 W DISC Restraint System All Pass Required Air Bags. Front. Both Sides Required Tires&Wheels 2021 Vehicle Specifications & Options Pricing Tires&Wheels Mfg. Std.-List Size LT245/75R17E Spare Mfg Std. -List LT245/75R17E Warranty 3 Years or 36,000 miles.whichever Bumper to Bumper Warranty comes first Drive Train Warranty List Warranty 5 YEAR 100,000 MILE ITEM 19 VEHICLE OPTIONS Dealer Name: BALE CHEVROLET TYPE PEB 3/4 Ton Extended Cab 4X4 Wheel Drive Back to Table of Content:. Enter Optional Equip. Desc. Body & Chassis Code Option Minimum Requirement Price & Mfg. Option Codes II Bed QH Short Bed(deduct) CK20753 1W -$120.00 Engine Gasoline Engine Upgrade CC List Horsepower, Liters&Cylinders N/A Flex Fuel FFV Add Flex Fuel FHS REQUIRES JL1 OPT $375.00 Engine Block Heater HB Add Block Heater KO5 $100.00 Diesel Engine CA 350 hp Diesel Engine Factory Installed L5P 445 HP 6.6 LITER V8 $11,290.00 Bio Diesel BD 350 hp Bio Diesel with OEM Warranty STD Alternative Fuel:CNG system shall include all components necessary to power vehicle with CNG system CNG CNG. $995.00 PTO PTO Power Take Off N/A Transmission/Drivetrain ' . Skid Plate KO Add Skid Plate NZZ $195.00 Limited Slip Differential LS Limited Slip Differential STD Electrical Daytime Running Lights DL Add Daytime Running Lights STD Alternator HA Heavy Duty Alternator-List Amps KW5 $150.00 Batteries DB Dual Batteries K4B+KW5 $295.00 Power Outlet EP Add 12-Volt Power Outlet STD Doors &Windows Deep Tinted Windows TG Add Deep Tinted Glass AKO $250.00 Power Windows&Door Locks XX Power Windows&Door Locks STD Keyless Entry KE Keyless Entry REQ ZLQ PACKAGE $1,400.00 Interior Premium Audio System with AM/FM Stereo& BLUETOOTH.APPLE CAR PLAY& Radio Upgrade RU MP3 Capability ANDROID AUTO STANDARD SEE STD Cruise PO Cruise Control,Factory Installed K34 $225.00 Vinyl Floor VF RubberNinyl Flooring STD Cloth Seats CS Cloth Seats NO CHARGE Front Buckets FB Front Bucket Seats with Console N/A Tires&Wheels All Terrain Tires AT All Terrain Tires QXT LT265/70R17E all-terrain $200.00 Spare WL Mounted Full Size Spare STD Towing Towing Package Including: Hitch.Wiring Towing XO Harness,Upgraded Radiator,Transmission Cooler STD Electric Brake Controller BC Add Electric Brake Controller JL1 -REQUIRES ZLQ PKG $1,675.00 Trailering Mirrors TM Manual Telescoping Trailer Mirrors STD Towing Differential BO Differential for Extra Towing Capability N/A 2021 Vehicle Specifications & Options Pricing ITEM 43 Dealer Name: BALE CHEVROLET TYPE VIA 10128190 Vehicle Make/Model: CHEVROLET TRAVERSE FWD 2WD, 7 Passenger Standard Sport Utility Vehicle as classified Model Code: 1NB56 1LS FWD 8 PASSENGER in the latest EPA Fuel Economy City MPG Estimate: 18 Guide Highway MPG Estimate: 21 CO-OP Purchasing One Way Delivery Charge Per Mile: $1.75 Back to Table of Contents VEHICLE BID PRICE: $23,998.00 Body & Chassis Base Vehicle Minimum Enter Vehicle Specification and Manufacturer Requirements Codes (Fill-in Unshaded Blanks Only) Standard Sport Utility Vehicle 7 Passenger Wheelbase Minimum 112 inches Engine Engine Size 290hp-List HP, Liters&Cylinders 0 HP 3 6 LITER V Fuel Type Gasoline Transmission/Drivetrain Automatic Transmission Automatic or CVT-List Type, Speeds etc. SPEED.AUTOMATIC 2WD 2WD Stability Control Stability Control System Differential Type/Ratio Mfg Std -List Ratio&Type FRONT'PJHEEL-DRIVE Electrical Alternator Mfg. Std. Battery Mfg. Std Fuel Tank Fuel Capacity(Gals) Mfg Std -List Amount in Gallons ) aL Exterior One Std. Color(non-premium)from Paint Manufacturer's Full Chart of Std. Paint Bumpers Mfg.Std Front&Rear i// , License Plate Brackets Front and Rear Brackets Windshield Washer Windshield Washer&Multi-Speed Wipers Doors & Mirrors Doors 4-Door Mirrors Two Outside, Right&Left. One inside Interior Air Conditioning AC Factory Installed Radio Audio system with AM/FM Stereo Cruise Cruise Control, Factory Installed Tilt Steering Tilt Steering Wheel Steering Power Steering Windows Mfg. Standard Power Windows&Door Locks Power Windows&Door Locks Tinted Glass Mfg. Std.Tint on All Windows Floor Mats Front&Rear,Color to Match Interior Seats Mfg. Std.,Colors Must Blend With Interior& Seats Exterior Color Safety Brakes Anti-Lock Brake System(ABS)-List Disc/Drums 4 WHEEL DISC Restraint System All Pass Required ITEM 43 Dealer Name: BALE CHEVROLET Air Bags. Front. Both Sides Required Tires &Wheels Tires&Wheels Mfg. Std.-List Size P255,65R18 Spare Mfg. Std. List COMPACT T135/70R18 Warranty 3 Years or 36,000 miles,whichever Bumper to Bumper Warranty comes first Drive Train Warranty List Warranty 5 YEAR 100,000 MILES ITEM 43 VEHICLE OPTIONS Dealer Name: BALE CHEVROLE TYPE VIA Standard SUV, 7 Passenger Back to Table of Contents Enter Optional Equip. Desc. Body & Chassis Code Option Minimum Requirement Price & Mfg. Option Codes Engine Gasoline Engine Upgrade CC List HP Liter, Cylinders N/A Engine Block Heater HB Engine Block Heater K05 $100.00 Flex Fuel FFV Flex Fuel Capable N/A Transmission/Drivetrain Limited Slip Differential LS Limited Slip Differential N/A Electrical Daytime Running Lights DL Add Daytime Running Lights STD Power Outlet EP Add 12-Volt Power Outlet N/A Interior Premium Audio System with AM/FM Stereo& BLUETOOTH.APPLE CAR PLAY& Radio Upgrade RU MP3 Capability ANDROID AUTO SEE STD Towing Towing Package XO Mfg. Standard N/A Tires &Wheels All Terrain Tires AT All Terrain Tires N/A Spare WL Mounted full size spare N/A 2021 Vehicle Specifications & Options Pricing ITEM 46 Dealer Name: BALE CHEVROLET TYPE VSB 10128193 Vehicle Make/Model CHEVROLET TRAVERSE AWD 4WD, 8 Passenger, Standard Model Code: 1NV56 1LS AWD 8 PASSENGER Sport Utility Vehicle as classified City MPG Estimate 17 in the latest EPA Fuel Economy Guide Highway MPG Estimate 20 CO-OP Purchasing One Way Delivery Charge Per Mile $1.75 Back to Table of Contents VEHICLE BID PRICE $25,845.00 Body & Chassis Base Vehicle Minimum Enter Vehicle Specification and Manufacturer Requirements Codes (Fill-in Unshaded Blanks Only) Standard Sport Utility Vehicle, 8 Passenger Standard Sport Utility Vehicle,8 Passenger Wheelbase Minimum 112 inches GVWR 6000 lbs Engine Engine Size 280 hp-List HP, Liters&Cylinders 310 HP 3.6 LITER yAgiwxwir Fuel Type Gasoline Transmission/Drivetrain Automatic Transmission Automatic-List Type, Speeds etc. 'EL I)AU I DMA I IC 4x4 or AWD 4x4 or AWD Hubs Automatic Locking If 4x4 Stability Control Stability Control System Differential Type/Ratio Mfg.Std. -List Ratio&Type ';.,AVVE) Electrical Alternator Mfg. Std. Battery Mfg. Std. Fuel Tank Fuel Capacity(Gals) Mfg. Std.-List Amount in Gallons '`^' CAI- Exterior One Std. Color(non-premium)from Paint Manufacturer's Full Chart of Std. Paint Bumpers Mfg.Std Front&Rear License Plate Brackets Front and Rear Brackets Windshield Washer&Multi-Speed Wipers Front Windshield Washer and Rear Doors & Mirrors Doors Mfg. Standard 4-Door Mirrors Two Outside, Right&Left,One inside Interior Air Conditioning AC Factory Installed Radio Audio system with AM/FM Stereo Cruise Cruise Control, Factory Installed Tilt Steering Tilt Steering Wheel Steering Power Steering Windows Mfg. Standard Power Windows&Door Locks Power Windows&Door Locks Tinted Glass Mfg. Std.Tint on All Windows Floor Mats Front&Rear,Color to Match Interior Seats ITEM 46 Dealer Name:_BALE CHEVROLET Mfg. Std., Colors Must Blend With Interior& Exterior Color; Front: Bucket or Split Bench,2nd Seats Row: Fold Down Bench,3rd Row: Fold Flat-to- Floor Type Safety Brakes Anti-Lock Brake System(ABS)ABS -List Disc/Drums 4 WHEEL DISC em ioi�'/ r is Restraint System All Pass Required Air Bags, Front, Both Sides Required Tires &Wheels Tires&Wheels Mfg. Std. -List Size P255/65R18 Spare Mfg. Std. List COMPACT T135/70R18 Warranty 3 Years or 36,000 miles.whichever Bumper to Bumper Warranty comes first Drive Train Warranty List Warranty 5 YEAR 100,000 MILES ITEM 46 VEHICLE OPTIONS Dealer Name: BALE CHEVROLE- TYPE VSB Full-size 4WD Utility Vehicle as classified in the latest EPA Fuel Economy Guide Back to Table of Contents Body & Chassis Code Option Minimum Requirement Enter Optional Equip. Desc. Price & Mfg. Option Codes Engine Gasoline Engine Upgrade CC List HP, Liter, Cylinders N/A Engine Block Heater HB Engine Block Heater K05 $100.00 Flex Fuel FFV Flex Fuel Capable N/A Transmission/Drivetrain Limited Slip Differential LS Limited Slip Differential N/A Skid Plate KO Skid Plate N/A Low Range Gears LR Low Range Gears for Off Road N/A Electrical Daytime Running Lights DL Add Daytime Running Lights STD Power Outlet EP Add 12-Volt Power Outlet N/A Interior Premium Audio System with AM/FM Stereo& BLUETOOTH,APPLE CAR PLAY& Radio Upgrade RU MP3 Capability ANDROID AUTO STANDARD SEE STD Towing Towing Package XO Mfg. Standard N/A Tires &Wheels All Terrain Tires AT All Terrain Tires N/A Spare WL Mounted full size spare N/A 2021 Vehicle Specifications & Options Pricing ITEM 60 Dealer Name: BALE CHEVROLET TYPE PPV 10127601 Vehicle Make/Model CHEVROLET TAHOE • Chevrolet Tahoe Utility Vehicle, Model RWD, Code: CC1706 1 FL PPV FOR POLICE PURSUIT City MPG Estimate 16 (NO SUBSTITUTES) Highway MPG Estimate State Add-On Cost $389 18 CO-OP Purchasing One Way Delivery Charge Per Mile Additional Requests $1,109 $1.75_ Back to Table of Contents VEHICLE BID PRICE dotal Cost $35,390 $33,892.00 Bod & Chassis Base Vehicle Minimum Enter Vehicle Specification and Manufacturer Y (Fill-in Unshaded Blanks Only) Codes 4-Door SUV EPA Classified as Standard SUV, 2WD Including all features listed in manufacturer's printed specifications and literature as a part of Police Package their standard police equipment package. En9me Engine(Police Pursuit) Mfg. Std.-List#Cylinders&Size 355HP 5.3 LITER V8 Fuel Type Mfg. Std.-List Primary Type GAS E15 Oil Type Mfg. Std. -List Weight and Type 5W-20W DEXOIL Zitg, Automatic Transmission Automatic-List Type. Speeds etc. 10 SPEED AUTOMATIC Electrical Alternator Mfg Std -List Size 220 AMPS Fuel Capacity(Gals) Mfg. Std.-List Amount in Gallons 24 GAL Exterior One Std. Color(non-premium)from Paint Manufacturer's Full Chart of Std. Paint License Plate Brackets Front and Rear Brackets Windshield Washer Windshield Washer&Multi-Speed Wipers Spot Lamp(Driver Side) Spot Lamp(Driver Side) Doors &Windows Doors 4 Side Doors • Door Locks Power Locks(Operable From Front Only) Rear Windows&Locks:Operable from front Rear Windows&Locks:Operable from front and and rear with front lockout feature on driver rear with front lockout feature on driver door. door. • Disconnect Door Courtesy Light Switches Disconnect Door Courtesy Light Switches Rear Window Defrost Rear Window Defrost Windows Power Windows Mirrors Mfg. Std. Floor Floor Covering Vinyl Interior Air Conditioning AC Factory Installed Radio/Single slot CD/MP3 player Mfg. Std. Steering Power Steering Radio Suppression Package Mfg. Std. Quiet Sound Group(Noise Suppression) Mfg. Std. Tilt&Cruise Tilt Steering Wheel&Cruise Control Remote Deck Lid Release Control on Driver's Remote Deck Lid Release Control on Driver's Side Side Seats ITEM 60 Dealer Name: BALE CHEVROLET Seating Capacity Mfg. Std. List Maximum Occupants SIX WITH 40/20/40 FRONT SEAT Seats:Approx. 10"spacing between front seats in center Mfg. Std. Front Seat Cloth Rear Seat Vinyl Safety Anti-Lock Brake System (ABS)-List Brakes Disc/Drums 4 WHEEL ANTILOCK DISC Restraint System All Pass Mfg. Std. Required Air Bags, Front, Both Sides Mfg. Std. Required Tires &Wheels Tires&Wheels Police Pursuit Rated Mfg. Std. -List Size 275/55R20SL FIREHAWK Spare Mfg. Std.-List Size(Full or Space Saver) P265/70R17 FULL SIZE Wheel Covers Wheel Covers Warranty 3 Years or 36,000 miles,whichever Bumper to Bumper Warranty comes first Drive Train Warranty List Warranty 5 YEAR 100,000 MILES ITEM 60 VEHICLE OPTIONS Dealer Name: BALE CHEVROLET TYPE PPV Chevrolet Tahoe Police Pkg. Utility Vehicle, RWD (NO SUBSTITUTES) Back to Table of Contents Enter Optional Equip. Desc. Engine Code Option Minimum Requirement & Mfg. Option Codes Price Flex Fuel FFV Add Flex Fue: N/A Electrical Lights DL Add Daytime Running Lights STD Spot Lamp:Additional Front Spotl Lamp:Additional Front Passenger Side 00 Passenger Side 7X2 $738.00 Delete Spot Lamp(Credit) MO Deduction For Delete Spot Lamp 7X3 $-616.00 DEDUCT Chassis Straps ST Chassis Straps for radio interference UN9 $95.00 Doors &Windows Tinted Windows TG Add Deep Tinted Glass REAR STD BALE 2 FRONT $175.00 Switches: Rear Window Switches: Rear Window Inoperative(only Inoperative. operate from driver's position). Rear Door, Interior, Door Locks WD Rear Door, Interior, Door Locks and Handles and Handles Inoperative. Inoperative(can only be opened from the outside). 6N5 AND 6N6 $119.00 Interior Premium Audio System with AM/FM Stereo& BLUETOOTH,APPLE CAR PLAY& Radio Upgrade RU MP3 Capability ANDROID AUTO STANDARD SEE STD Cloth Seats CS Cloth Seats STD Carpeted Floors With Mats CF Carpeted Floors With Mats B30 $295.00 ** Factory Installed Rear Auxiliary Air Rear Air Conditioning RA Conditioning STD Rear Backup Camera RC Rear Backup Camera STD Body Side Moulding AM Body Side Moulding N/A Full Size Spare WL Spare Mounted On Matching Wheel FULL SIDE STD-SEE FRONT SHEET SEE STD WI Fl HOT SPOT CAPABLE WITH Integrated Com.System IC Integrated Communication System ONSTAR ONLY STD Keyless Entry KE Keyless Entry STD **Carpet only available with 40/20/40 seat in front, customer or upfitter must remove the center section if a space is needed between the seats. ADDITIONAL REQUESTS: 5J1 CALIBRATION NO CHARGE RIA FLOOR LINERS $200 5Y1 FRONT CENTER SEAT DELETE NO CHARGE AMF FEY FOBS $75 PROGRAM FOBS AT STORE $100 UDA ONSTAR DELETE $77 CREDIT DISCOUNT 6N6 DOOR LOCK INOPERATIVE $62 6N5 REAR DOOR LOCK INOPERATIVE $57 ATZ 2ND ROW SEAT DELETE $500 CREDIT DISCOUNT V76 TOW HOOKS $50 TGK SOLD PAINT BLACK NO CHARGE 6J3 WIRING $92 6J4 WIRING $55 VQK SPLASH GUARDS $195 7X3 LEFT HAND SPOT LAMP $800 Garver, LLC City of Fayetteville Staff Review Form 2021-0878 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ted Jack 11/3/2021 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: f Recommend entering into attached contract with Garver, LLC for wetland delineation work at Gulley Park as outlined in the attached contract for an estimated fee of $4,100.00 and a project contingency of $500.00. 2250.520.9255-5806.00 Account Number 13001.1803 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Park Development Fund Gulley Park Splashpad Project Title Current Budget $ 304,230.00 Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget 304,230.00 $ 4,600.00 -inn can nn V20210527 Purchase Order Number: TBD Previous Ordinance or Resolution # RFQ 21-01 Change Order Number: n/a Approval Date: 11/04/211 Original Contract Number: n/a Comments: The splashpad/playground project requires stormwater mitigation that will be partially achieved by the pond improvements. CITY OF FAYETTEVIILLE W4ff ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff FROM: Ted Jack, Park Planning Superintendent DATE: November 3, 2021 SUBJECT: Gulley Park Pond Work STAFF MEMO RECOMMENDATION: Recommend entering into attached contract with Garver, LLC for wetland delineation work at Gulley Park as outlined in the attached contract for an estimated fee of $4,100.00 and a project contingency of $500.00. BACKGROUND: Two old farm ponds set side by side, and located west of the playground area, have silted in and need maintenance work. The master plan for the park envisions combining and enlarging the ponds for both greater recreational use and for meeting stormwater requirements for future park improvements. The splashpad/playground project requires stormwater mitigation that will be partially achieved by the pond improvements. A wetland determination from the Corps of Engineers is needed to help determine how to proceed with this work. DISCUSSION: Garver LLC, is a vendor for wetland work as approved in RFQ 21-01. BUDGET/STAFF IMPACT: This work is funded from Gulley Park Splash Pad 13001.1803 2250.520.9255-58806.00. Attachments: Contract SRF 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 November 4 , 2021, 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 I - 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 10/27/2021 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Proj ect. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform his services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 The Park Planning Superintendent is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Park Planning Superintendent 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 an Hourly 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— Pro fessional Engi nee ring Services 2 10/27/2021 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 insurance coverages: !ype 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 ofLiability 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 10/27/2021 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 10/27/2021 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and 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. 6.6 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. 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 Garver Contract— Professional Engineering Services 5 10/27/2021 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 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 6.1 L I CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from Garver Contract— Professional Engineering Services 6 10/27/2021 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 tirne, 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 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. Garver Contract— Professional Engineering Services 7 10/27/2021 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 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 Garver Contract — Professional Engineering Services 8 10/27/202 1 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. Notwithstanding anything to the contrary herein, ENGINEER's proprietary, financial information is not subject to audit. 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 asserts 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 assertion, 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. 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 Garver Contract— Professional Engineering Services 9 10/27/2021 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 damages in an amount up to the limits set forth in Section 7.8 below. 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. 7.7 Mutual Waiver 7.7.1 Notwithstanding anything in this Agreement to the contrary, neither party (including its subconsultants, agents, assignees, affiliates and vendors) shall be liable to the other for any special, consequential, indirect, punitive, exemplary or incidental damages of any kind regardless of the cause or action (including negligence of any kind or character including gross negligence). 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. CIT4AY� LE, RKANSAS ENGINEER By'��i�ir�Ma Senior Project Manager, Ron Petrie ATTEST: *1 Y By:f ■ " : By. City Clerk :FAYETTEVILLE ; =Senior Environmental Scientist, Ryan Mountain ■ r Z � ■ r �. 9'1fA1�15p`,' J. �;�A'GTpN G�►►`�� END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Garver Contract— Professional Engineering Services 10 10/27/2021 this Agreement. CITY OF FAYETTEVILLE mad also pursue other rights and remedies that the la%k or this Agreement provides. However, the existence of the facts on which CITY OF FAYFTTFVII.I.F. 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 FAYFT"fFVILLE may pursue the same remedies against FNGINF'FR as it could pursue in the event of' it breach of the Agreement by I:NGINFER As a penalty. in addition to any other damages to which it may be entitled by lati. CITY OF FAYE I'TF.VILLE may pursue damages in an allurtmt up to the limits set forth in Section 7.8 below. 7.6 Arkansas Freedom of Infftrrmation Act 7.6.1 City contracts and documents. including internal documents and documents of subcontractors and suh-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 FAYII'I I:VILLE. ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of lntormation Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs Pursuant to the FOIA may be assessed for this compliance. 7.7 Mutual Waiver 7.7.1 Notwithstanding anything in this Agreement to the contrary, neither party (including its subconsultants, agents, assignees, affiliates and vendors) shall be liable to the other for any special, consequential, indirect, punitive, exemplary or incidental damages of any kind regardless of the cause or action (including negligence of any kind or character including gross negligence). IN WITNESS WHEREOF, CITY OF FAYE"I'II;VII.LF_., 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 AYE 'I -I' : ILLE, RKANSAS FNGINEFR By: By; Ma r. I, a ktn : f� 1�'�rr Senior Project Manager, Ron Pctrie be 4 ATTES"I .` �.• G1� 1' �f, •;fG By: � City Clerk _ FAYETTEVILLE ; !Senior Environmental Scientist, Rvan Mountain END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (iW%ei ('unrrurr—P1010Snmul IAWHIM 111i SCI%Wes IO 10/27i'021 APPENDIX A — SCOPE OF SERVICES 2.1 Wetland Delineation Services Garver will conduct a wetland delineation to determine the limits of all jurisdictional waters of the United States, including streams, within the project limits. Each potentially jurisdictional feature will be mapped with a sub -meter GPS, which will be used to create shapefiles for use in determining avoidance and minimization of impacts. The delineation will utilize methodologies outlined in the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0. Garver will accomplish the following as part of the wetland delineation: • Review pertinent resources related to the project site's hydrology and soils, and review of historical topographic maps and aerial photographs. • Field survey of wetlands and streams within the previously identified project boundary. • Create shapefiles from field collected data to be utilized in wetland report exhibits and for quantification of wetland acreages and stream lengths within the project. • Complete a wetland delineation report of findings that includes necessary documentation for submittal to the USACE to obtain an Approved Jurisdictional Determination (AJD). 2.2 Project Deliverables The following deliverables will be submitted to the parties identified below. Unless otherwise noted below, all deliverables shall be electronic. 1. One hard and electronic copy of the wetland delineation report. 2. One hard and electronic copy of the AJD when received from the USACE. 3. Other electronic files as requested. 2.3 Additional Services The following items are not included under this agreement but will be considered as additional services to be added under Amendment if requested by the Owner. 1. Section 404 permitting services. 2. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. 3. Deliverables beyond those listed herein. 4. Construction documents. 5. Pavement Design. 6. Design of any utility relocation. 7. Engineering, architectural, or other professional services beyond those listed herein. 8. Construction Administration Services, On -Site Construction Observation, and/or Construction Materials Testing. 9. Environmental Handling and Documentation, including mitigation plans, USFWS coordination and/or surveys, or other work related to environmentally or historically (culturally) significant items. 10. Services after construction, such as warranty follow-up and operations support. 11. Preparation of a construction stormwater pollution prevention plan. Exhibit A — Scope of Services Gulley Park Environmental Permitting Garver Project No. 21T14640 2.4 Schedule Garver shall begin work under this Agreement upon execution of this Agreement and shall complete the work within a mutually agreeable schedule with the Owner. Phase ❑escriplion Calendar Days Wetland Delineation and AJD Submittal 30 days from Notice to Proceed* *US Army Corps of Engineers approved jurisdictional determination review periods are subject to change depending on their workload. SITE LOCATION MAP ENCLOSED Exhibit A — Scope of Services Gulley Park Environmental Permitting Garver Project No. 21T14640 Gulley Park WRiM 0 o. 21 T14640 f J' Exhibit B City of Fayetteville - Parks Department Gulley Park Environmental Permitting Services Garver Hourly Rate Schedule: July 2021 - June 2022 Classification Rates Engineers 1 Architects E-t.. . . ................................................. ... S 114.00 &2..... ....................................................... . S 132.00 E3...... ............................................................ S 160.00 E-4........... ........................................... ....................... S 187.00 E-5...........................................................------------------- 5 228.00 EB.................................... .............. .. S 28000 E-7............ .•- -----•----- S 373.00 Planners I Environmental Specialist P-1.............. ._..._.......... ................................................. S 137.00 P-2.............. ...._...................................................... .... S 172.00 P-3................................................................... •.... S 209.00 P4....................... ........................................ ... . .. S 239.00 P-5 ............__................................ S 273.00 .... .............-..... ..... S 316.00 P-7 .. .. ........................................ S 390.00 Designers $ - D-1........................................................ $ 106.00 D-2 .. .. ... ............................ $ 124.00 D-3 .... ...... ..... ..... ._... $ 148.00 D-4 ..... ........................ $ 172.00 Technicians T-1.................... ... ... ...... .... .. ... ......... .... $ 83.00 T-2 ............................................... $ 10&00 T-3............... .... ............................. $ 128.00 Surveyors S-1 ...-.......................................... ........... $ 5U0 S-2..................... ................ _ ....... ............. $ 68.00 S-3.......... ............. ........... .........._..,._...._..»............ $ 91M S-4 ............................................................_........... $ 130.00 S-5 .................. ....--................_:................... $ 172.00 S-6... ............. .._ ............................... $ 196.00 2-Man Crew (Survey) ............................................... $ 208.00 3-Man Crew (Survey) .............................. .. $ 259.00 2-Man Crew (GPS Survey) .. $ 228.00 3-Man Crew )GPS Survey) 5 279.00 Construction Observation C-1 . .............................. ............. ............. $ 100.00 C-2------------------------------------- ----- ... ................ $ 129.00 C-3..................--•................... .. ................. $ 158.00 C-4 ................................................1. $ 194.00 C-5........................................................ $ 232.00 Man ag ement/Administration M-1..... .......... .................................. .------------------------ ... $ 381.00 X-1..................................... .....,.............,.,....... ......... . $ 65.00 X-2.-,.................................... $ 89.00 X-3........................................................................ $ 123.00 X4.................................... ...................... I..,.... $ 157.00 X-5 ................................................................. $ 193.00 X-6 ..........--•-..............................•--- ................... $ 238.00 X-7....-----"----------------------- ................................... $ 287.00 X-8.......................................................... $ 359.00 X-9................................... ......... ........ . $ 433.00 Agreement for Professional Services Gulley Park Environmental Permitting Services Garver Project No 21T14640 Exhibit B City of Fayetteville - Parks Department Gulley Park Environmental Permitting Services FEE SUMMARY Title II Service Estimated Fees Environmental Services $ 4,100.00 Subtotal for Title II Service $ 4,100.00 LA2021 \21 T14640 - Gulley Park Environmental Perm itting\Contracts\Client\Draft\Gulley Park_V2 Exhibit B - Garver Fee Spreadsheet - Lump Sum or Hourly - 2021 - Copy Exhibit B City of Fayetteville - Parks Department Gulley Park Environmental Permitting Services ENVIRONMENTAL SERVICES WORK TASK DESCRIPTION P-4 P-3 P-2 P-1 T-1 E-4 E-3 $239.00 $209 00 $172.00 $137.00 $83.00 $187.00 $160.00 hr hr hr hr hr hr hr 1. Wetland Delineation Services Wetland Delineation 6 Report Preparation - Approved Jurisdictional Determination 1 16 Client Coordination 1 2 USACE Field Verification 2 QC Review 1 Subtotal - Wetland Delineation Services 0 0 3 26 0 0 0 Hours 0 0 3 26 0 0 0 Salary Costs $0.00 $0.00 $516.00 $3,562.00 $0.00 $0.00 $0.00 SUBTOTAL - SALARIES: $4,078.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $12.00 GPS Equipment $0 00 Travel Costs $10.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $22.00 SUBTOTAL: SUBCONSULTANTSFEE: $4,100.00 $0.00 TOTAL FEE: $4,100.00