HomeMy WebLinkAbout2013-10-28 - Agendas - Final•
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FAYETTEVILLE PUBLIC LIBRARY
Kim Agee, President
Elizabeth Jordan, Vice President
Maylon Rice, Treasurer
We inspire imagination and foster learning.
I. Call to order
Board of Trustees
October 28, 2013, 4 pm
AGENDA
Ann Henry Board Room
Brenda Boudreaux, Secretary
Suzanne Clark
II . Minutes
A. Approval of minutes
1. August 21, 2013 regular meeting— page 2-3
B. Signed minutes
1. June 24, 2013 regular meeting — page 4-5
2. July 22, 2013 special meeting — page 6-7
III. Reports
A. Management reports
1. Key upcoming events — page 8
2. August -September 2013 Strategic Plan progress — page 9-11
3. August -September 2013 Performance Measures — page 12
B. Financial reports
1. Balance Sheet as of September 30, 2013 — to be distributed
2. Budget to Actual as of September 30, 2013 — to be distributed
Susan Graham
Charles Adams
IV. Old business:
A. Health Insurance Options update — page 13
B. Master Plan approval
1. Master Plan —Amendment 1— page 14-16
C. City Hospital property update
1. Ratification of Foundation's purchase plan — page 17
2. Due diligence — page 18
a. Approve soil boring/geotech agreement — page 19-32
b. Approve survey agreement— page 33
c. Approve phase II environmental assessment — page 34-37
V. New business
A. Library expansion: next steps
B. Summary of Petit Jean library construction retreat
C. Retirement Plan Update— page 38-114 (starts after yellow page)
D. 2012 Annual Report — to be distributed, if available
E. Possible November meeting — 2014 budget, further discussion of library expansion next steps
VI. Press & Attachments
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Fayetteville Public Library
Board of Trustees Regular Meeting
August 21, 2013, 5 pm
Minutes
Prepared by S. Daniel, Office Manager
Board members present: C. Adams, K. Agee, B. Boudreaux, S. Clark, S. Graham, and M. Rice. Board members absent: E.
Jordan. Staff present: D. Johnson, S. Davis, S. Foley, S. Houk, D, Wax, H. Robideaux, W. Fitzgibbon, L. Vandell, L.
Greenwood, B. Holt, S. Palmer, J. Atha and S. Daniel. Press: T. Hernandez (NWA Times), Todd Gill (Fayetteville Flyer),
Others: Vince Chadick
The Board of Trustees meeting was called to order at 5:00 pm by K. Agee.
M. Rice moved to first discuss items IV.B and IV.0 of the agenda. S. Clark seconded. All voted AYE.
II. (Item IV) City Hospital: Given V. Chadick's memo outlining restrictions on the use of library funds for the
purchase of City Hospital, an alternative funding plan has been submitted to the Foundation for its review.
While the library has sufficient funds, due diligence requires funds be spent correctly. The Stone Family,
when gifting the land for City Hospital in 1909, envisionedthe property would someday be sold; thus their
gift contained a right of reversion requiring the land return to the family or that any sale proceeds be spent
on the city's hospital. V. Chadick will work with Washington Regional's attorney, Tom Olmstead, to
complete the terms of the sale. When the terms of the sale are clarified, the library will receive clear title
with an appropriate warranty. At this early juncture the library cannot identify specific naming
opportunities but is committed to working with' both the Stone Family and Washington Regional to identify
opportunities suitable to both. While the library's bid included a 60 day time frame for closing, extra time
may be necessary and the library will grant extra time. FPS will be meeting with the Foundation Board
soon and is confident the Foundation will assist thelibra y in meeting its financing needs.
III. 2030 Master Plan: D. Johnson noted it will be necessary for the Trustees to approve the master plan.
Because some board members have not yet read the entire plan, a special meeting — probably in
September — may be necessary. M. Rice moved to follow the original 60 day timeline established in the
library's bid to purchase and adhere to the financing plan approved by the Foundation. S. Clark seconded.
All voted AYE. After the Foundation's plan has been developed, D. Johnson will forward it to FPL trustees
and schedule a meeting for formal review, discussion and approval..
IV. Minutes
A. Approval of minutes: -
1. Minutes of June 24, 2013: M. Rice moved to approve; B. Boudreaux seconded. All voted AYE.
2. Minutes of July 22, 2013: M Rice moved to approve; S. Clark seconded. All voted AYE
V. Reports
A. Management reports ,
1. Key upcoming events: D. Johnson highlighted the Roots Festival, additional showings of the
Levon Helm documentary, Tales of the South, and Fayetteville's first annual Literary Festival
(True Lit) positioned to growinto a regional destination festival.
2. June -July 2013 Strategic Plan Progress Report: D. Johnson commended the staff for keeping
the strategic plan at the forefront of its activities. Materials purchasing has been modulated
throughout the year to avoid spikes and get new items on the shelf sooner as these are the items
that circulate best. Outreach is taking advantage of all opportunities to bring the library to the
public.
3. June -July 2013 Performance Measures: Total circulation is up 4.7%; the digital population has
been embraced'by other -than -early adopters. With each promotional effort, there's a resulting
spike in use. Reference queries are down, perhaps because we are doing a good job getting
information out to people. The total collection and the digital collection are both growing. The
new security gates are up and working; stats will be included in the next report. Volunteer hours
are cyclical and work driven. When the library has large projects/events, volunteer hours climb.
Computer sessions are following the national trend: patrons are logging in less to the library's
computers but are increasingly using the library's WiFi to connect with their mobile devices.
4. Summer Reading Program Statistics: L. Greenwood noted overall program attendance climbed by
1000 over last year. The adult summer reading club, concluding its second year, exceeded its
participation goal of 500.
B. Financial reports
1. Investments stand at $3.831 million and total current assets at $5.135 million. Total liabilities,
mostly payroll, stand at $235,000. The fund balance, current year net is -$232,000 as we have
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used that amount of reserves. Revenues YTD stand at $2,077,000; the bulk of our revenues
come in October. Of the $716,000 materials budget, $322,000 has been spent. IT is behind
its YTD number but large expenditures are anticipated by year end. The Schwab accounts have a
combined $2 5 million; we need to keep about $1.5 in reserves so we have $1 million in library
funds available to purchase City Hospital Property. For every million invested in the
Foundation's accounts, about $35,000 is transferred annually to FPL.
VI. Old business
A. Blackbaud Update: S. Foley and M. Burdette have completed half their training in Blackbaud's
Raisers Edge; S. Davis and S. Daniel will begin training on Financial Edge in early September. Staff,
based on experience running Blair Library, is developing O&M budgets for 7 expansion scenarios.
Anders Dahlgren is also developing an O&M budget based on the master plan's data. Both budgets
are integral to estimating 0&M costs for the City Council.
B. City Hospital Financing Plan: Moved to top of agenda.
C. 2030 Master Plan next steps: Moved to top of agenda
VII. New business
A. Confirmation of Foundation Officers: M. Rice moved to ratify the officers presented by the
Foundation; S. Clark seconded. All voted AYE Officers are William Jackson Butt II for President,
Sallie Overbey for Vice -President and Brock Gearhart for Secretary/Treasurer. Resolution made part of
minutes.
B. Approval of new marketing and PR position: The position of the Director of Operations has not been
filled. The library is proposing using some'of these salary savings for a social media specialist.
Social media requires a rapid response and a new position will allow FPL to stay nimble and free up
time for the Manager of Marketing and the Director of IT. M. Rice moved to approve the
recommendation; C. Adams seconded. All votedAYE.
C. Retirement planning sessions: S. Davis noted the Bank of Oklahoma reviewed our retirement plan; it
is the same plan used by the city. Earlier in the year,•a certified financial planner met one-on-one
with staff members to review their plans
D. Health Insurance Options: D. Johnson reviewed the city's^plans for health insurance; it is switching
to BCBS and experiencing a 37%. premium increase. Our options are to continue to piggy -back the
city, go out on our own to see what we would-be charged as a discrete group in the hope our premium
would be lower, and Zook at the Arkansas Exchange as it becomes available.
VIII. Adjournment: M. Rice moved to adjourn; S. Clark seconded. All voted AYE. Meeting adjourned at 5:56
pm.
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Fayetteville Public Library
Board of Trustees Regular Meeting
June 24, 2013, 4 pm
Minutes
Prepared by S. Daniel, Office Manager
Board members present. C Adams, K. Agee, B. Boudreaux, S. Clark, S. Graham, and M. Rice. Board members absent: E.
Jordan. Staff present. D Johnson, S. Davis, S. Foley, L. Yandell, L. Greenwood, B. Holt, S. Palmer and S. Daniel. Press•
Joel Walsh
The Board of Trustees meeting was called to order at 4:00 pm by S. Clark.
II. Swearing in of new board member: Judge David Stewart swore in Charles Adams for a 5 year term to
expire 4.1.2018. He replaces Dan Ferritor.
III. Minutes
A. Approval of minutes:
1. Minutes of April 15, 2013: M. Rice moved to approve; B. Boudreaux seconded. All voted AYE.
IV. Reports
A. Management reports
1. Key upcoming events: D. Johnson distributed the Summer Reading Calendars and noted that
opening day attracted over 1300 people.
2. Strategic Plan Progress Report: D. Johnson highlighted Dave Barry's appearance that drew 600
and a book signing and reception for Randall Woods. The Friends of FPL helped purchase Zinio,
a service that provides free downloadable magazines and is being used even more extensively
than Freegal, the free music download service. New people counters went live April 8'". software
issues should be fixed within the week.
3. February -March Performance Measures: D. Johnson noted circulation is up, both physical and
digital. Numbers for meeting room use represent individual public meetings.
B. Financial reports
1. S. Davis noted revenues are tracking well, with one exception. County millage is over
projections by $63,000. If patterns of previous years hold, we could receive more money from
the county than last year. We have not yet drawn any money from the FINRA grant, but funds
are available within Foundation accounts and curriculum planning is on track. YTD expenses on
personnel are below budget due to a position vacancy. Some of that money has been used to
establish an assistant manager position in tech services. Library materials and programming are
running behind but as the summer progresses that number will catch up. Many technology
projects are planned for later in the year. The balance sheet shows cash in investments of $4.2
million; liabilities consist of long term accrued expenses associated with employees.
V. Old business
A. Nominating Committee: Nominated are: K. Agee for president, E. Jordan for vice-president, M. Rice
for treasurer, and B. Boudreaux for secretary. D. Adams moved to approve the slate of candidates; S.
Graham seconded. All voted AYE. Meeting continued with K. Agee as chair. The new president
thanked S. Clark and D. Johnson for exceptional service to FPL.
B. Space Needs Analysis Update: The first draft of a new master plan has been submitted. Architect J.
Scherer noted FPL's extensive data resources make planning faster and decisions fact -based.
Consistent with national trends, FPL's print collection is tending to plateau while non print is growing
rapidly. Meeting space is in high demand both nationally and in Fayetteville. An internal staff report
detailed a pronounced lack of community meeting space. Scherer projects an additional 67,000
square feet are necessary to meet FPL's needs for the next 20 years. Washington Regional's property
on School Street, home to the former City Hospital, is a possible location for expansion. While
Washington Regional's Board is generally supportive of FPL acquiring this land and will slow its
decision making to an extent, it cannot wait until October when the final master plan is scheduled for
completion, nor can it ignore its fiduciary responsibility. M. Rice moved to request J. Scherer to
produce a refined draft master plan by July 15 with a special FPL Board of Trustees meeting to follow
on July 22 to emphasize to the Washington Regional Board that FPL is moving with haste to assemble
the documents that will ensure its viability as a bidder. S. Clark seconded. All voted AYE.
FPL expects the results of an independent appraisal of the property the week of July 8, 2013. While
the cost of razing the building is largely unknown we have been advised the likely cost is estimated to
be approximately $100,000. The extent of asbestos contamination is unclear; precious metals -
common in medical facilities - may offset some/all of the cost of demolition.
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C. Accounting and Donor Software Update: S. Davis noted that upgrading both the accounting and
donor software, more cost effective than sequential installation of each component, will require
$111,000 total and a budget adjustment of $66,000. B. Boudreaux moved to approve a budget
adjustment of $66,000 for 2013 to purchase and install both components of the software; M. Rice
seconded. All voted AYE. We anticipate receiving some portion, if not all, of a Sturgis grant
($85,000 requested).
D. FINRA grant: D. Johnson noted we are partnering with several external agencies to build financial
planning curricula that will be taught beginning in September 2013.
E. Security Gates Update: L. Mandell noted the browser based software has improved workflow for the
Welcome and Circulation Desks.
VI. New business
A. 2014 Health Care Summary: FPL's insurance is affordable under PPACA so we are not liable for
penalties. However we may have employees who use the exchanges if more affordable. Gallagher
Benefit Services is assisting FPL in navigating the new legislation.
B. Marketing Update: B. Holt noted the new calendar format for summer reading with exceptional art by
S. Fitzgibbon; 4000 children and 600 adults have registered. The space needs survey received 784
responses which will be summarized in the next draft of the master plan. The Friends of FPL have
been instrumental in supporting the Literary Festival and work is proceeding on logo development for
the FINRA program.
C. Audio System ROI: L. Mandell commended Chris Moody as a professional audio manager who wisely
selected premium equipment for FPL - equipment that has already paid for itself during this year's
events.
D. Job Description and Salary Survey: Most job descriptions have been completed- these will be sent to
Johansson Group ASAP. They were last reviewed in 2007.
E. Exterior Flags: D. Johnson noted FPL's lack of US and state flags. M. Rice moved to authorize staff
to develop several options for flying US, Arkansas, and Fayetteville flags at the Fayetteville Public
Library; B. Boudreaux seconded. All voted AYE.
F. Front doors: S. Palmer explained the doors are nearing their life expectancy of 10 years. As such,
repairs are costing more than the doors are worth. He is exploring options for new doors, probably 4
panels rather than the current 6.
G. Policy FC -1: Cash and checks: FC -1 has been revised and streamlined to reflect current operating
procedures. M. Rice moved to approve the amended policy; S. Clark seconded. All voted AYE.
H. PA -84: Cell Phones: In the past, all management staff and the ED were required to have a cell phone;
the library reimbursed a portion of the costs. Because cell phones are so prevalent, this policy is
outdated. EPL will reimburse only those employees required to be on call 24X7, i.e. facilities and IT.
S. Clark moved to approve the amended policy; M. Rice seconded. All voted AYE.
I. PA 58: Hiring policy: FPL is proposing that all open positions be posted first to staff, next to
volunteers, and then to the public. Nothing in this policy conflicts with city policy. C. Adams moved
to approve the proposed policy; M. Rice seconded. All voted AYE.
J. EFT: FPL is requesting EFT between Schwab and the Bank of Fayetteville to expedite financial
transactions. 8. Boudreaux moved to approve establishing EFT between Schwab and the Bank of
Fayetteville; S. Clark seconded. All voted AYE.
VII. Adjournment: M. Rice moved to adjourn; B. Boudreaux seconded. All voted AYE. Meeting adjourned at
5:20 pm.
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Fayetteville Public Library
Board of Trustees Special Meeting
July 22, 2013, 5:30 pm
Minutes
Prepared by S. Daniel, Office Manager
Board members present: K. Agee, C. Adams, B. Boudreaux, S. Clark, S. Graham, E. Jordan, and M. Rice.
Staff present: D. Johnson, L. Greenwood, S. Palmer, S. Daniel, M. Burdette, B. Holt, and D. Wax
Press: T. Hernandez
Others: V. Chadick, Bassett Law Firm LLP
The Board of Trustees meeting was called to order at 5:30 pm by K. Agee.
II. Draft Master Plan: D. Johnson noted attendance at many programs exceeds capacity so that
people must be turned away or the library must pay for a second performance. In turn,
parking has become a problem. The current building was designed to accommodate a
community with 50% active cardholders. In actuality, about 88% of residents in our service
area have library cards As a result, the community has outgrown this building earlier than
predicted. These circumstances led the Board to contract with architect Jeffrey Scherer and
library consultant Anders Dahlgren — both preeminent in their field — for a space needs
analysis. A series of community input sessions helped determine the community's needs.
Based on this data, Scherer developed a draft master plan calling for 168,000 sq ft of library
space. Though expansion is possible on the current footprint, the maximum attainable is
124,000 sq ft necessitating the need to eliminate services, revisit the space issue again in a
short time frame, and move existing operations off site during the building process.
Washington Regional's decision to sell the former City Hospital land presented an option for
FPL to expand in proximity to its existing structure. Though nearing completion of the selling
process, hospital CEO Bill Bradley agreed to give the library an opportunity to submit an offer
with the understanding that the library would accelerate its planning and purchasing process.
111. Legal limitations for libraries to acquire land and enter into debt: V. Chadick noted the
library board has the authority under Arkansas law to purchase property; municipal approval
is not required. It probably has the authority to borrow money and presumably can enter into
an agreement with Washington Regional to make installment payments. It does not have the
authority to issue bonds; only the city may do so If the library were to borrow funds, the
question becomes how to collateralize the loan. D. Johnson emphasized that funds
designated for maintenance and operation of the library would not be used to collateralize a
loan. Within the bounds of the law, the library board may make final decisions on purchasing
and taking out a loan without City Council approval. If FPL enters into a loan, the city of
Fayetteville's bond rating is not affected.
IV. Appraisal of Washington Regional property by The Real Estate Consultants: The property
appraised at $16/sq ft; the existing structures are without value. The appraised value is not
related to the sale price.
V. Environmental assessment & disclosure: An environmental assessment was done in 1992 and
an abatement program in the early 2000s addressed a portion of the asbestos present in the
building. EEG is currently doing a second analysis (full phase 2) to determine how much
asbestos is left. Once the quantity is known, an abatement cost can be estimated. None of
the other bidders has done an environmental assessment.
M. Rice moved the library board discuss with Washington Regional the options for public use
of this land; this motion is nonrestrictive on future decisions about the property. B.
Boudreaux seconded. All voted AYE.
VI. Options to fund a possible purchase: S. Davis identified several funding sources (see memo)
that could be used to create a $2 million offer. Foundation money would not be used nor
would the Library's building maintenance and IT funds. A fund to replace furniture would be
drawn down leaving a corpus of $100,000. In summary, the proposed approach would not
impose any risk on the operation of the existing building. FPL management is currently in
talks with Arvest about the possibility of borrowing and has asked Arvest to quote interest
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M. Rice moved to create a committee composed of K. Agee, D. Johnson, S. Davis and V.
Chadick to engage with the Washington Regional board and management to explain FPL's
purpose is to develop the property for public use and further explain that the real value of the
property includes intangibles to the community, the work of this committee to be done
expeditiously. Motion failed for lack of a second.
VII. Discussion: The Washington Regional Board is unwilling to accept a discounted offer;
therefore the library's bid needs to be competitive and timely. We don't know what the other
bids have been; however they are contingent upon the city council agreeing to rezone the
property. It is the library board's job to determine how much to offer and to present terms
most appealing to Washington Regional.
M. Rice moved to appoint a committee composed of K. Agee, D. Johnson, S.Davis, and V.
Chadick to meet with the trustees and management of Washington Regional and offer $2
million for the property emphasizing the value of its public use. The committee is authorized
to work out the terms of the offer and a possible naming opportunity for Washington Regional.
C. Adams seconded. All voted AYE.
VIII. Adjournment: B. Boudreaux moved to adjourn; M. Rice seconded. All voted AVE. Meeting
adjourned at 6:45 pm.
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FAYETTEVILLE PUBLIC LIBRARY
Key Upcoming Events — October and November 2013
Inspire 365: The Lives of Influential African American
Mondays, October 7 — Dec 2, 6pm
Raven Cook, a Rising Leaders Fellow, will lead INSPIRE 365 discussions that will focus
on African American historical figures.
Friends Fall Booksale
Saturday, October 26, 9am to Noon
Nothing over 50 cents; all proceeds go to benefit FPL
After the Tsunami — Documentary Film Screening
Directed by Larry Foley
Sunday, October 27, 2pm Screening followed by reception with film crew
4pm Second Screening
Crescent Dragonwagon Youth & Teen Writing Workshops
Tuesday, November 5, 4 — 5:30pm
Ms. Dragonwagon will lead this creative workshop for young inspiring writers.
Crescent Dragonwagon Author Visit
Wednesday, November 6, 6-7:30pm
Ms. Dragonwagon will discuss writing skills related to technological change, the writer's
block, and marketing books in the current economy. She will be a participating in
Fearless in the Ozarks, a 4th Annual Event in Eureka Springs occurring later in the
month.
10th Annual Gathering of the Groups with Pete Earley
Friday, November 8, 11 30am — 2:30pm
Crazy: A Father's Search Through America's Mental Health Madness is being read
throughout Northwest Arkansas a part of the °One Book, One Community° Project.
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FAYETTEVILLE PUBLIC LIBRARY
Strategic Plan Progress Report
August 2013 —September 2013
Purpose: We inspire imagination and foster learning.
I. Programs & Services: We offer inspiring and relevant programs and services that engage the community's curiosity, provide
opportunities for education and self-improvement, and serve as the gateway to the library by addressing the diverse needs and
interests of our community.
a. Programs
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b. Services
Partnered with UA Law School to provide drop-in legal clinic for homeowners facing foreclosure.
ii. Proctored six exams and provided two individual library consultations.
Hosted American Red Cross blood drive.
iv. Submitted ILS enhancement requests to Polaris.
c. Quality
Researched ten genealogy inquiries.
II. Collections: We will build and support collections that inspire the community with the resources they need to explore topics of
personal interest and continue to learn throughout their lives.
a. Satisfy your curiosity
Ordered additional copies of Crazy by Pete Earley to meet demand.
ii. Checked collection against Crystal Bridges Fisk Exhibit Bibliography; our items are listed in their catalog.
b. Inspire learning/imagination
Staff attended webinar on eBook lending through 3M.
ii. Created reading lists for retirement, Mental Health Awareness, and National Caregivers month.
111. Access: We will build and expand the ease and convenience of the library experience through virtual and physical reach to all in
the community, reflecting the FPL welcoming, convening and destination culture.
a. Browseability
Added drawers to music bins, consolidating collection to increase browsing space for film collection.
• ii. Shifted juvenile fiction to utilize bottom shelves and minimize crowding.
b. Outreach partnerships.
Continued partnership with Visitor's Bureau; manned a table at First Thursdays.
ii. Making Internet -only cards available to every student in the Fayetteville school system.
Resumed volunteer driven outreach: i{gading Roadshow, Head Start tutoring, and Books for Borrowing.
Concluded Summer Reading programming for youth and adults; attendance increased 170% from 2012.
Hosted reception and screening of Ain't In It For My Health: A Film About Levon Helms.
Hosted True Lit, Fayetteville's first literary festival featuring Jack Gantos.
Resumed Homework Helpers and after-school workshops.
Completed a two week series of creative writing workshops for elementary students and teens.
Hosted Baby Bookworms, Toddler Time, Preschool Storytime, Saturday events, and monthly Lego Club.
Hosted Teen Advisory Board, Free Flix, Banned Books week craft and author Cynthia Levinson.
Provided venue for 4th Fay. Roots Festival; live broadcasts reached an estimated audience of 7,000.
Hosted Nancy Hartney's book release and reception.
Hosted "How Can 1 Afford Retirement" in partnership with UA Garrison Financial Institute.
Screened The Jim Lindsey Story in partnership with the UA and Trashed in partnership with the City.
Hosted The Spiritualist TheatreSquared Artists Forum.
Hosted three monthly book clubs, provided weekly Qigong classes and resumed weekly yoga sessions.
Provided Outcome Thinking and Management workshop through the Nonprofit Resource Center.
iv. Partnered with Walton Arts Center to promote an upcoming production.
v. Partnered with public schools, Education Foundation, UA and Montessori School to present True Lit.
vi. Attended Teacher Expo and Razorbash.
vii. Demonstrated FPL databases for teachers at Butterfield and Happy Hollow.
c. Virtual
Developed web page to connect patrons with trustworthy financial resources.
d. Physical
Conducted 2030 Master Plan feedback session with managers.
IV. People: We create and maintain a culture of excellence by supporting and inspiring our staff, boards, and volunteers.
a. Staff
Nancy Hartney released book of short stories Washed in the Water: Tales from the South.
ii. Trained staff in Saving Money Makes Cents in support of FINRA Investor Education grant!
Reference staff trained in genealogy and on Morningstar's updated database.
iv. Tyson's CEO Donnie Smith spoke to managers.
v. W. Fitzgibbon graduated from See Change, a 6 -month certification for nonprofit managers.
vi. Staff continued writing Behind the Stacks column for the Free Weekly.
vii. Provided tour and RFID discussion to Hutchinson Public Library.
viii. M. Burdette and S. Foley attended 4 day Raiser's Edge training.
b. Boards
Friends of FPL sponsored "True Lit" literary festival.
c. Volunteers
Secured over 140 volunteers for Levon Helm, Garrison Financial Series and Jack Gantos events.
Hosted 2 day UA R.O.C.K. Camp volunteer event.
V. Facility: Our consumer -friendly, sustainable facility will be safe, accessible, clean and support the requirements for quality
programs, services and collections.
a. Maintenance
Cleaned carpet in staff offices, repaired lighting on level 400 stacks, and performed PM on boiler.
ii. Retained part-time contractor to assist in housekeeping.
ii. Recycled used electronic equipment without cost to the library, a savings of $4000.
iv. Conducted 10 year PMA on book automation system in conjunction with Tech -Logic.
b. Technology
c. Safety/Security
Police officer David Williams spoke to staff about mental illness and Fayetteville's homeless.
ii. Safety team attended ALA webinar, "Dealing with Difficult Patrons".
VI. Communication: We maximize ongoing communication to increase awareness of the library and understanding of its value
and impact on the community.
a. Marketing plan
Created print invitations for Levon Helm documentary film screening.
ii. Created FPL banner ad and sponsored Fayetteville High School Sports News in Fayetteville Flyer.
Promoted True Lit in Citiscapes, The Idle Class, NWAT and KXNA; created and distributed e-vites.
iv. Distributed 800+ flyers and wrote radio ads for Cumulus to promote Saving Make Makes Cents.
v. Created Best of the Best Ad for NWAT.
vi. Designed Bikes, Books & Blues vinyl banner to support BBQ rally.
vii. Discussed design concepts with DOXA for 2012 Annual Report; delivered materials and content.
b. Public awareness campaign
Hosted public input sessions with architect Jeff Scherer to reveal the draft 2030 Master Plan.
Continued website updates of the Master Plan/Space Needs Study.
Created large visual display of 2030 Master Plan to encourage public input to the draft plan.
c. Operationalize brand
Worked with web developer to design True Lit website for all partners.
ii. Worked with graphic designer to crealt®promotional material for Smart Investing at Your Library.
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Created new presentation template for FPI; ED used at several presentations.
d. Public relations
Created and distributed e -resources for teachers and students at area public and private schools.
ii. Promoted Saving Money Makes Cents on "Community Matters" program and KNWA.
Served as an enrollment site for the American Cancer Society's Cancer Prevention Study 3.
e. Website
Created Saving Money Makes Cents pages for registration, program info, and children's games.
ii. Wrote, produced and edited Saving Money Makes Cents Storytime as part of kids' pages on the web
Improved web calendar functionality; trained staff on improved event website entry workflow.
VII. Funding: As good stewards of the public trust, we will pursue diverse, sustainable funding.
Completed grant reporting for AR Humanities Grant and ALA/Tribeca Institute.
ii. Met with Walker Foundation and Garrison Financial to discuss NEH pledge payment escalation.
Met with Donald W. Reynolds Foundation board member about future capital campaign.
iv. Met with OLLI's (Osher Lifelong Learning Institute) new director about future collaboration.
v. Attended Legacy National Bank Grand Opening and accepted $1,000 donation from the bank.
vi. Met with fundraising consultant to discuss future collaboration.
vii. Coordinated and produced RFS video appeal and distributed to over 39,000 patron email addresses.
viii. Attended AFP webinar on "Turn Social Media Marketing into Fundraising Results".
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TARGET
1,298,0481
93,4121
279,3401
27,7461
o
69,4511
1 575,6361
A
CD
1 14,5351
MAY i JUN F JUL 1 AUG r SEP OCT 1 NOV 1 DEC l 13 YTD 12 YTD CHANGE PROD. 131
89,708
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12
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Memo
FAYETTEVILLE PUBLIC LIBRARY
To: Board of Trustees, Fayetteville Public Library
From: David Johnson
Date: October 28, 2013
Re: Health Insurance Options
Recommendation
After reviewing various health insurance options, it is recommended that FPL continue to piggyback on the city
insurance plan. This option offers the most affordable health insurance option for Library employees for 2014.
Background
At the August board meeting, we reported we were investigating 3 options for providing healthcare benefits to
staff. Summarized below are the results of that effort.
1. Continue to piggy back with the city for health insurance. This entails switching to Blue Cross Blue Shield
with a premium increase of about 37%. The allocation of the premium increase between FPL and
employee would mirror the city's. See below.
Also, FPL, in accordance with PPACA's definition of a full-time employee as anyone working 30 hours or
more, will no longer have a premium differential for'/. time employees.
Trad PPO
Total Monthly Cost
FPL Portion
Emp. Portion
% by Emp.
Individual
$386.93
$170$290
$309.55
$77 38
20%
$290-$450
Spouses
Family
$1025.34
$666.48
$415-$655
$358.86
35%
$840-$1430
$580-$1050
High
High
Deductible
Deductible*
$550/month
with $12,600 deductible
Individual
5274.91
$193.91
$10.20
4%
Family
$697.52
$513.82
$27.04
4%
2. Go to the market for rate quotes based on library employees only. Staff eligible for participation in the
Library's healthcare plan(s) submitted health information to United HealthCare and BCBS for underwriting.
BCBS responded with a rate increase of 66% and United with an increase of 51 %.
3. Send all employees to the Arkansas Exchange and reimburse them for the gold level plan — roughly
equivalent to what the library has traditionally offered its employees. Representative rates from the
exchange are below.
1
Trad PPO
Total Monthly Cost: Gold
Total Monthly Cost: Bronze
Individual <50
$250-$390
$170$290
Individual >50
$425-675
$290-$450
Spouses
$605-$930
$415-$655
Family
$840-$1430
$580-$1050
High
Deductible*
$550/month
with $12,600 deductible
`Assumes family with 2 children high deductible rates no longer listed on the exchange.
13
Fayetteville Public Library
Memo
To: Fayetteville Public Library Board of Trustees
Through: David Johnson, Executive Director
From: Stephen Davis, Accounting & HR Manager
Date: October 22, 2013
Re: Master Plan — Amendment 1
Summary:
The Fayetteville Board of Trustees is requested to approve a contract scope of work change for
the 2013 Master Plan. MS&R can accommodate this change in scope of services within the
original agreed-upon fee and reimbursement schedule therefore this change in scope is a no -
cost change.
The additional services to be added to the original scope -of -work include:
1. Preparation of an operating cost prediction, in 2014 dollars, for the various expansion
options contained in the draft Master Plan, August 9 version; and,
2. Facilitate FPL in identifying qualified consultants to provide a geo-technical evaluation
and an ALTA survey of the City Hospital property to ensure the property is suitable for
FPL's intended purposes. These additional professional services will be in separate
agreements between the consultant and FPL.
1
14
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October 28, 2013
Amendment #1
Contract Between
Fayetteville Public Library and Meyer, Scherer & Rockcasde, Ltd.
Dated February 21, 2013
for Master Plan of Library Services
The Fayetteville Public Library (Owner) and Meyer, Scherer & Rockcasde, Ltd. (Consultant) agree to the
following additions to the scope of work as defined in the Contract.
1. Preparation of an estimate for the cost of operating the library as determined in the Contract by.
1.1. Review of existing data:
the Owner will provide copies of the budget for the last 3-4 years, copies of salary schedules,
etc. The Consultant will meet with the Owner through a conference call with Director and others
as necessary to review the material to ensure the Consultant is correctly interpreting and
understanding the data.
1.2. The Owner will provide the list of 14 cohort libraries that will be used for comparative purposes.
1.3. The Consultant will identify variables that will affect operating costs including factors such as
expected increases in traffic Toads, expansion of certain activities, new services that will be added as
a result of the expansion.
1.4. The Consultant will prepare an estimate: that will be conveyed to the library for review. Upon
receipt of the review, adjustments will be made based on the input from the Owner.
1.5. The Consultant will complete a comparison of the recommended operating costs with the 14 peer
cohorts.
1.6. The Consultant will prepare a final narrative outlining Endings and recommendations
2. Obtain the information of data as defined in the purchase agreement for land between the Fayetteville
Public Library and the Washington Regional Hospital. The Consultant will, under a separate
agreement obtain the required professional services to assist with the acquisition of this data. The
Consultant will:
2.1. A recommended by a licensed Structural Engineer, determine locations for geotechnical soil borings
for the expansion. The Consultant will retain CCI Structural Engineers for this task. It will be their
responsibility to review the geotechnical report and ensure compliance with the requirements of
the aforementioned land acquisition contract.
2.2. Obtain quotations and recommend a contract award for the geotechnical boring. The Owner will
obtain all required permissions to enter the site and conduct this subsurface soil explorations. The
Consultant will obtain no less than two (2) quotations.The Consultant will recommend the fair and
reasonable company, then the Owner will enter into a separate agreement for this service. The
Owner understands and agrees that the cost of this work will not be part of this agreement and will
be paid directly by the Owner to the recommended geotechnical company.
2.3. Should the geotechnical investigation reveal the suspicious presence of hazardous materials, the
Owner will independently obtain any necessary environmental testing.The Consultant will assist in
soliciting quotations.
710 p cc.,:h
zzo,9,s, •��
15
MSR
Architecture
Interiors and
Urban Design
vivrv.rnsrdesign.ccm
2.4. The Consultant will obtain quotations for a Land Survey. The request for proposals will include a
complete survey, including site boundaries, existing structures, setbacks, easements, utilities, one foot.
contours, major trees, etc. The survey company will included the title work required for an
'ALTA' survey. The Owner understands and agrees that the cost of this work will not be part of this
agreement and will be paid directly by the Owner to the recommended survey company.
3. Coordination Meetings
3.1. The Consultant will meet, via teleconference, as needed to guide the acquisition of the additional
data as required by the land purchase agreementThe Owner understands and agrees that the time
required for this work is limited by the amount of fee associated with the Agreement
4. Compensation
4.1. The Owner and the Consultant agree that the estimated costs and the set aside for labor
($92,950.00) and reimbursable expenses ($7,139.00) in the original contract can be combined for a
total contract value of $100,089.00. The Consultant will advise the Owner, on a monthly basis, the
status of the balance in the contract amount.
4.2. The Owner and the Consultant agree that no change in the total compensation of the original
contract amount will necessary.
4.3. Should the Owner require any additional duties associated with the detailed requirements of the
land acquisition, the Owner and the Consultant will discuss beforehand to reach a fair and
reasonable cost for professional services. An Amendment to the Agreement will be executed before
any additional work is commenced,
5. The Consultant will retain the services of the following to assist in the execution of this Amendment:
5.1. Associated Architects
Allison Architects
Attention: Matthew Cabe and John Allison
221 North East Avenue
Fayetteville,Arkansas 72701
Telephone: 479.444.6972
5.2. Structural Engineers
Engineering Consultants, Inc.
401 West Capitol Avenue
Little Rock Arkansas 72201
This AMENDMENT is entered into on the fifteenth day of October, 2013 On behalf of the OWNER
David Johnson, Director, Fayetteville Public Library
Jeffrey A Scherer, FAIA, Founding Principal, Meyer, Scherer & Rockcastle, Ltd.
16
MSR •
Arc itecture
Inte jars and
Urban Design
/ww. rr:srdesign.c3rn
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Memo
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Fayetteville Public Library
To: Fayetteville Public Library Board of Trustees
Through: David Johnson, Executive Director
From: Stephen Davis, Accounting & HR Manager
Date: October 22, 2013
Re: City Hospital Property - Ratification of Foundation Purchase Plan
Summary:
The Fayetteville Board of Trustees is requested to ratify the decision by the Fayetteville Public
Library Foundation Board to use $2.0 million from the Unrestricted Capital Campaign
investments. This action was approved at the Foundation's Board meeting in October.
H. Garner seconded the Foundation Finance Committee's motion to transfer $2 million
from the unrestricted FPLF account to FPL for the purchase of the City Hospital property
subject to suspending distributions from the unrestricted, Otwell and Shively funds for up
to 7 years. Further, if the transferred funds are not used to purchase the city hospital
property, they are to be returned to the Foundation. This motion is subject to checking the
bylaws for any inconsistency. All voted AYE.
This transfer will reduce the Foundation's ability to transfer operating funds to FPL for several
years. Currently, FPL receives transfers totaling $247,000 from the Foundation. Of this amount,
$107,053 is from restricted programming endowments or investments and these will continue.
The remaining $140,000 is from Unrestricted Capital Campaign, Shively Endowment and Otwell
Trust. Otwell is directly tied to capital so it too is restricted. Unrestricted Capital Campaign and
Shively are both unrestricted.
The Library intends to offset the reduction in operating transfers from the Foundation by using
accumulated cash reserves The plan is to take no -more -than $158,000 annually from these
reserves over the next seven (7) years. This action will reduce FPL's cash reserves to about 120
days operating expenses at the end of this seven (7) year time period.
i
17
Fayetteville Public Library
Memo
To: Fayetteville Public Library Board of Trustees
Through: David Johnson, Executive Director
From: Stephen Davis, Accounting & HR Manager
Date: October 22, 2013
Re: City Hospital Property - Purchase Due Diligence
Summary:
The Fayetteville Board of Trustees is requested to approve three agreements and a budget
adjustment funding the agreements.
Fayetteville Public Library' agreement with Washington Regional Medical to purchase the City
Hospital property provides a ninety (90) day inspection timeframe that will allow FPL to gain
reasonable assurance that the property will be suitable for our intended purposes.
This due diligence work consists of performing geo-technical analyses, obtaining an ALTA survey
and obtaining an environmental assessment.
The cost of performing these due diligence tasks is $26,400.00. FPL requested MS&R to solicit,
review and develop recommendations for the geo-technical and ALTA survey tasks to be
performed. All of the firms evaluated by MS&R were drawn from the City of Fayetteville's listing
of engineering forms with active statements of qualifications on file.
MS&R's recommendation for geo-technical eservices is GTS, Inc for a fee of $12,900.00.
MS&R's recommendation for ALTA survey services is Bates and Associates, Inc for a fee of
$9,500.00.
FPL solicited proposals from qualified environmental assessment firms and recommend EEC for
a fee of $4,000.00.
All of these due diligence tasks have to be complete prior to closing. Funding for these due
diligence tasks is from the Facility investments.
1
18
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October 21, 2013
Mr David Johnson, Director
Fayetteville Public Library
401 W Mountain St.
Fayetteville AR 72701
Re: Site Geotechnical Investigation and Survey
Dear David:
We have received and reviewed proposals for subsurface geotechnical exploration and site surveying.
Based on the review of the proposals received, our professional recommendations for contract award
are as follows:
Geotechnical
GTS Inc.
1915 North Shiloh Drive, Suite 1, Fayetteville, Arkansas 72704
Contract Amount for Award. Twelve Thousand Nine Hundred dollars and no cents ($12,900.00)
Site Survey (including ALTA survey)
Bates and Associates. Inc.
91 W. Colt Square Drive, Fayetteville, AR 72703
Contract Amount for Award: Nine Thousand Five Hundred dollars and no cents ($9,500.00)
Yours sincerely,
Jeffrey A Scherer, FAIA,
Founding Principal. Meyer, Scherer & Rockcastle, Ltd.
Copy Associated Architect Allison Architects, Inc. attention: Matthew Cabe
19
MSR
Architecture
Interiors and
Urban Design
www.msrdesign.com
' 1915 Ncrth Shiloh Drive, Suite 1
Fayetteville, Arkansas 72704
Office: (479) 521-7645
Office Locations:
Fayetteville, Arkansas
Fort Smith, Arkansas
Tulsa, Oklahoma
(c_tna • Testing !onI•«
GTS, Inc.
www.gtsinc.cc
October 18, 2013
Allison Architects
221 North East Avenue
Fayetteville, Arkansas 72701
Attention:
RE:
Mr. Matthew Cabe
Preliminary Subsurface Drilling and Geotechnical Engineering Services Proposal
Proposed Fayetteville Public Library Expansion
South School Street
Fayetteville, Arkansas
GTS Proposal No. GTS113142
Dear Mr. Cabe:
The submitted proposal is based on an electronic mailed request for proposal received by GTS,
Inc. on October 15, 2013, a subsequent phone conversation with yourself and subsequent
electronic mail conversations with yourself. Please let us know if the project information portion
of the proposal is incorrect, based on your current understanding of the project.
PROJECT INFORMATION
The existing Fayetteville Public Library (FPL) is being considered for an expansion to the south.
The proposed expansion of the FPL is planned to occupy the site of the existing Fayetteville
City Hospital and Geriatric Center. All existing structures are anticipated to remain in place
during the preliminary Geotechnical drilling and sampling operations.
The project site is understood to consist of two separate parcels: Parcel A and Parcel B.
Development of these parcels may occur concurrently or at different times. Parcel A is located
immediately south of West Rock Street and west of South School Street and is approximately
2.3 acres in size. Parcel B is located immediately north of West South Street and west of South
School Street and is approximately 2.0 acres in size.
Development of the project site is understood to be preliminary at this time. However, we
understand that preliminary plans for the development of Parcel A consists of a three-story
concrete parking deck and associated paved drives. Maximum column loads of approximately
300 kips are anticipated by GTS, Inc. for the planned parking deck. Development plans for
Parcel B are unknown at this time.
20
Arkansas • Oklahoma • Missouri • Kansas
•
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Allison Architects
Proposed Fayetteville Public Library Expansion
South School Street, Fayetteville, Arkansas
GTS113142
Page 2
9
GTS, Inc.
o..r.*rral f rovers Services
Preliminary Geotechnical engineering recommendations are requested by the client for the
proposed development. The findings and preliminary Geotechnical engineering
recommendations for the proposed structures and paved areas are recommended by GTS, Inc.
to be further evaluated through performing additional borings at the project site once site
planning has been finalized.
FIELD AND LABORATORY SCOPE OF SERVICES
Field
We understand that general subsurface conditions at this project site are requested by the client
to be evaluated at a total of fifteen (15) boring locations. The requested boring locations and
their total boring depth recommended by GTS, Inc. are shown on the attached boring location
plan. The table below provides a summary of the recommended boring depths for the
recommended boring locations.
Boring Location
Parcel A
Number of Borings Description
9
Drill and sample to 30 feet below
existing grades or 10 feet into auger
refusal material, whichever is least.
Parcel B
5 or 6*
Drill and sample to 30 feet below
existing grades or 10 feet into auger
refusal material, whichever is least.
* One of the requested boring locations in Parcel B is located in a central courtyard surrounded on all sides
by existing structures. This boring may be inaccessible to our drilling equipment at the time of the
preliminary investigation.
The recommended depths of the borings shown in the above table are based on being able to
provide preliminary Geotechnical design parameters for support of structural foundation
systems.
Auger refusal is defined as the depth at which no further penetration of the drill rig augers can
be gained using mechanical techniques. Depending on the results of the borings, one or more
boreholes may be extended deeper than 30 feet below existing grades and/or auger refusal
material may be penetrated deeper than 10 feet in one or more borings. This is to ensure that
preliminary Geotechnical design parameters and recommendations can be provided for deep
foundation support of the planned structures.
Soil and gravel samples will be obtained using the split -barrel (Standard Penetration Test)
sampling procedure or through hydraulically pushed Shelby Tubes. Auger refusal material will
be sampled using an NQ or HQ sized double barrel coring assembly or wash -rotary techniques
and split -barrel sampling procedures.
21
Arkansas • Oklahoma • Missouri • Kansas
Allison Architects
Proposed Fayetteville Public Library Expansion
South School Street, Fayetteville, Arkansas
GTS113142
Page 3
Laboratory Testing
EGTS, Inc.
O«t«W..t t Tinting IwN...
At completion of the field services, the soil samples will be taken to the local GTS, Inc.
laboratory. Further laboratory testing on the samples may include moisture content tests, sieve
analyses, unconfined compressive strengths and Atterberg limits tests. The intent of these tests
is to further characterize the engineering properties of the subsurface soils and/or rock. The
number and type of laboratory tests assigned will be dependent on the subsurface conditions
encountered.
POTENTIAL DISTURBANCE TO PROPERTY
The client should be aware that the drilling process is necessarily destructive, and that the track
or truck mounted drill rig will require access to the boring locations. GTS, Inc. will make a
reasonable attempt to minimize disturbance to the ground surface during mobilization and/or
drilling. However, if the site is moist during drilling, some rutting of grass covered areas may
occur.
UNDERGROUND UTILITY LOCATE SERVICES
The client should make GTS, Inc. aware of the location of private underground structures and
utilities at the project site. GTS, Inc. will use the Arkansas One -Call system to mark known
public utilities at and near the planned sample locations. If the location of private service lines
on the project site is not known, there is a possibility that these service lines will be damaged
during our drilling process. The one -call process does not locate private utility lines.
GTS, Inc. can utilize our in-house ground penetrating radar (GPR) equipment to attempt to
locate private utilities at each boring location, prior to drilling. This equipment is able to locate
buried utilities (metal and non-metal), subsurface tunnels, other anomalies within soil and an
estimate of the depth of the located subsurface anomalies. Under ideal soil conditions, the GPR
equipment proposed to be used will be able to locate subsurface anomalies from immediately
beneath the ground surface to a depth of approximately 12 feet.
GTS, Inc. is not responsible for disrupting or destroying private utility lines unless the ground
penetrating radar services are authorized.
CLIENTS RESPONSIBILITIES
Site Access
The client or client's representative should provide GTS, Inc. drill crews and support vehicles
access to the project site. Any limitations regarding when the project sites can be accessed
should be communicated to GTS, Inc. upon acceptance of this proposal.
22
Arkansas • Oklahoma • Missouri • Kansas
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Allison Architects
Proposed Fayetteville Public Library Expansion
South School Street, Fayetteville, Arkansas
GTS113142
Page 4
GTS, Inc.
Qee.•WJ • ren.• •.rN•e
•
Contact information for any parties requiring notification prior to our work on the property should
also be provided to GTS, Inc. if applicable to these project sites.
Request for Additional Proiect Information
If available, please provide GTS, Inc. the following information:
• Preliminary site grading plans showing plan finish grades in building and pavement
areas.
• Preliminary foundation loading information, including maximum column loading, uplift
loading and continuous wall loading. These values are used by GTS, Inc. to evaluate
the reasonableness of bearing capacity recommendations we provide in our final report.
• Allowable total and differential movement parameters if the planned structure will have a
design tolerance less than the typical design standards of 1" total along the length of the
building and %" differential for any 50 feet length of building.
SCHEDULE
If days are not lost due to weather for our current drilling backlog, field work for this project will
begin 10 business days or less after written notice to proceed has been received. A
geotechnical report will be issued within 7 business days after the field work has been
completed.
DELIVERABLES
The Geotechnical Report will be stamped by a Professional Engineer registered in the State of
Arkansas.
The geotechnical report will provide preliminary parameters for design of future building
foundations. Both shallow foundation ("footings") and drilled pier type foundation design
parameters will be provided, if applicable, for support of potential single and multi -story
structures.
The recommendations will also include site grading information addressing anticipated undercut
depths which may be needed to reach stable soils during wet and dry periods of the year.
Additionally, soil types encountered near the surface of the boring locations will be evaluated for
reuse as select fill material.
Providing pavement sections is outside the proposed scope of services.
• Providing lateral earth pressures is outside of the proposed scope of services.
23
Arkansas • Oklahoma • Missouri • Kansas
Allison Architects
Proposed Fayetteville Public Library Expansion
South School Street, Fayetteville, Arkansas
GTS113142
Page 5
FEES
Item
(anterthaisal • Toothy De nmmm
GTS, Inc.
•
•
Fee Client Authorization
Area of Investigation (lump sum) (please check)
Described Scope of Preliminary
Geotechnical Services
Parcel A $7,850.00
Described Scope of Preliminary
Geotechnical Services
Parcel B $5,050.00
Utility Location Services (GPR)
Parcel A and/or B $800.00
The lump sum fees include equipment mobilization, field operation of equipment, laboratory
testing (if applicable), and all GTS, Inc. engineering services.
If the preliminary Geotechnical services for Parcel A and Parcel B are authorized to be
performed during the same equipment mobilization, both shown lump sum fees may be reduced
by $200.00.
CLOSING
Please let us know if there are questions regarding the information, schedule or fees shown in
this proposal. Also, the fees and schedule shown are based on providing the services through
incorporating the scope of services into our existing workload. The schedule may be shortened,
if necessary, based on client needs. However, the fees shown would increase to offset after
hours and/or weekend personnel rates.
We appreciate the opportunity to submit this proposal. To accept this proposal and authorize
GTS, Inc. to begin work on this project, please indicate which fee(s) and scope(s) of service are
being authorized by checking the appropriate box(es) in the FEES section of this proposal and
sign the Standard Terms and Conditions page and return - via fax, email or mail — the complete
proposal and contract to us.
24
Arkansas • Oklahoma • Missouri • Kansas
•
•
•
•
Allison Architects
Proposed Fayetteville Public Library Expansion
South School Street, Fayetteville, Arkansas
GTS113142
Page 6
Sincerely,
GTS, Inc.
An
Project En
Copies:
•
•
an, P E
r
Addressee
GTS, Inc.
GwM1eM(eel L Tana, sonless
1
•
An• i cClarrinon, P E
Ge -chnical Services Manager
25
Arkansas • Oklahoma • Missouri • Kansas
(1 ♦email)
1915 North Shiloh Drive, Suite 1
Fayetteville, Arkansas 72704
Office: (479) 521-7645
Office Locations:
Fayetteville, Arkansas
Fort Smith, Arkansas
Tulsa, Oklahoma
GTS, Inc.
G.•n.b.k.l I,146• Denim
www.gtsmc.cc
AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT, effective as of this day of
Allison Architects ("Client") and GTS, Inc. ("Engineer").
2013, is by and between
THE PROJECT is generally described as Proposed Fayetteville Public Library Expansion, South
School Street, Fayetteville, Arkansas.
THIS AGREEMENT consists of the following documents which are incorporated herein by
reference:
• GTS Proposal No. GTS113142 (a/k/a SCOPE OF SERVICES); AND
• GENERAL CONDITIONS FOR GEOTECHNICAL ENGINEERING SERVICES
Engineer agrees to perform the Services set forth in this Agreement and in accordance with its
terms including all attachments incorporated herein by reference. This Agreement may not be
modified or altered, except in writing as specifically described in this Agreement.
Signature:
Print
Name:
Title:
Company:
Address:
Date:
CLIENT: NGINEER:
Allison Architects
221 North East Avenue
McClarrinon, P E
Geotechnical Services Manager
GTS, Inc
1915 N Shiloh Drive, Suite 1
Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72704
26
Arkansas • Oklahoma • Missouri • Kansas
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Proposal No. GTS113142
Geotechnical Engineering Services General Conditions
GTS, Inc.
Paget of 5
GENERAL CONDITIONS FOR
GEOTECHNICAL ENGINEERING SERVICES
1. DEFINITIONS
1.1. Contract Documents. Plans, specifications, and
agreements between Client and Contractors, including
addenda, amendments, supplementary instructions, and
change orders.
1.2. Contractor. The contractor or contractors retained to
construct the Project for which Engineer is providing
Services under this Agreement.
1.3. Day(s). Calendar day(s) unless otherwise stated.
1.4. Hazardous Materials. The term Hazardous Materials
means any toxic substances, chemicals, radioactivity,
pollutants or other materials. in whatever form or state,
known or suspected to impair the environment in any way
whatsoever. Hazardous Materials include, but are not limited
to, those substances defined, designated or listed in any
federal, state or local law, regulation or ordinance concerning
hazardous wastes, toxic substances or pollution.
1.5. Services. The Services provided by Engineer as set
forth in this Agreement, the SCOPE OF SERVICES and any
written amendment to this Agreement.
1.6. Work. The labor, materials, equipment and services
required to complete the work described in the Contract
Documents.
2. SCOPE OF SERVICES
Engineer will perform the Services set forth in the attached
SCOPE OF SERVICES.
2.1. Changes in Scope. If Engineer provides Client with a
writing confirming a change in the SCOPE OF SERVICES, it will
become an amendment to this Agreement unless Client
objects in writing within 5 business days after receipt. All
Services performed by Engineer on the Project are subject to
the terms and limitations of' this Agreement. If Services are
performed, but the parties do not reach agreement concerning
modifications to the SCOPE OF SERVICES or compensation,
then the terms and limitations of this Agreement apply to
such Services, except for the payment terms. The parties
agree to resolve disputes concerning modifications to scope
or compensation pursuant to Section 19, "Disputes."
2.2. Licenses. Engineer will procure and maintain business
and professional licenses and registrations necessary to
provide its Services.
2.3. Excluded Services. Engineer's Services under this
Agreement include only those Services specified in the
SCOPE OF SERVICES
2.3.1. General. Client expressly waives any claim
against Engineer resulting from its failure to perform
Arkansas • Oklahoma
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recommended additional Services that Client has not
authorized Engineer to perform. and any claim that Engineer
failed to perform services that Client instructs Engineer not to
perform.
2.3.2. Biological Pollutants. Engineer's SCOPE OF
SERVICES specifically excludes the investigation, detection,
prevention or assessment of the presence of Biological
Pollutants. The tern "Biological Pollutants" includes, but is
not limited to, molds, fungi, spores, bacteria, viruses, and/or
any of their byproducts. Engineer's SCOPE of SERVICES will
not include any interpretations, recommendations. findings,
or conclusions pertaining to Biological Pollutants. Client
agrees that Engineer has no liability for any claims alleging a
failure to investigate, detect, prevent, assess, or make
recommendations for preventing, controlling, or abating
Biological Pollutants. Furthermore, Client agrees to defend,
indemnify, and hold harmless Engineer from all claims by
any third party concerning Biological Pollutants. except for
damages caused by Engineer's sole negligence.
3. PAYMENTS TO ENGINEER
3.1. Basic Services. Engineer will perform all Services set
forth in the attached SCOPE OF SERVICES for the amount(s) set
forth therein.
3.2. Additional Services. Any Services performed under
this Agreement, except those Services expressly identified in
the attached SCOPE of SERVICES, will be provided on a time
and materials basis unless otherwise specifically agreed to in
writing by both parties.
3.3. Estimate of Fees. Engineer will. to the best of its
ability. perform the Services and accomplish the objectives
defined in this Agreement within any written cost estimate
provided by Engineer. Client recognizes that changes in
scope and schedule, and unforeseen circumstances can all
influence the successful completion of Services within the
estimated cost. The use of an estimate of fees or of a "not to
exceed" limitation is not a guarantee that the Services will be
completed for that amount; rather, it indicates that Engineer
shall not incur fees and expenses in excess of the estimate or
limitation amount without obtaining Client's agreement to do
so.
3.4. Rates. Client will pay Engineer at the rates set forth in
the FEES SECTION OF THE SCOPE OF SERVICES.
3.4.1. Changes to Rates. Client and Engineer agree
that the FEES SECTION OF THE SCOPE OF SERVICES is subject to
periodic review and amendment, as appropriate to reflect
Engineer's then -current fee structure. Engineer will give
Client at least 30 days advance notice of any changes. Unless
Client objects in writing to the proposed amended fee
.structure within 30 days of notification, the amended fee
structure will be incorporated into this Agreement and will
then supersede any, prior fee structure. If Client timely
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objects to the amended fee structure, and Engineer and
Client cannot agree upon a new fee structure within 30 days
after notice, Engineer may terminate this Agreement and be
compensated as set forth wider Section 18, "Termination."
3.4.2. Prevailing Wages. Unless Client specifically
informs Engineer in writing that prevailing wage regulations
cover the Project and the SCOPE of SERVICES identifies it as
covered by such regulations, Client will reimburse, defend,
indemnify and hold harmless Engineer from and against any
liability resulting from a subsequent determination that
prevailing wage regulations cover the Project, including all
costs, fines and attorneys' fees.
3.5. Payment Timing; Late Charge. All invoices are due
within 30 days after receipt. All amounts unpaid 30 days
after the invoice date will include a late payment charge from
the date of the invoice, at the rate of 11/2% per month or the
highest rate permitted by law.
4. STANDARD OF PERFORMANCE; DISCLAIMER
OF WARRANTIES
4.1. Level of Service. Engineer offers different levels of
geotechnical engineering Services to suit the desires and
needs of different clients. Although the possibility of error
can never be eliminated, more detailed and extensive
Services yield more information and reduce the probability of
error, but at increased cost. Client must determine the level of
Services adequate for its purposes. Client has reviewed the
SCOPE OF SERVICES and has determined that it does not need
or want a greater level of Services than that being provided.
4.2. Standard of Care. Subject to the limitations inherent
in the agreed SCOPE OF SERVICES as to the degree of care, the
amount of time and expenses to be incurred, and subject to
any other limitations contained in this Agreement. Engineer
may perform its Services consistent with that level of care
and skill ordinarily exercised by other professional engineers
practicing in the same locale and under similar circumstances
at the time the Services are performed.
4.3. No Warranty. No warranty, express or implied, is
included or intended by this Agreement.
5. ESTIMATE OF CONSTRUCTION COSTS
Client acknowledges that construction and Project
development are subject to many influences that are not
subject to precise forecasting and are outside of Engineer's
control. Client further acknowledges that actual costs
incurred may vary substantially from the estimates prepared
by Engineer and that Engineer does not warrant or guaranty
the accuracy of construction or development cost estimates.
6. CONSTRUCTION PHASE SERVICES
If Engineer's SCOPE OF SERVICES includes observation and/or
testing during the course of construction, Engineer may:
6.1. Construction Observation.
6.1.1. Site Meetings & Visits. Engineer will
participate in job site meetings as requested by Client, and,
unless otherwise requested by Client, visit the site at times
specified in the SCOPE of SERVICES or, if not specified in the
SCOPE OF SERVICES, at intervals as Engineer deems
(GTS, Inc.
appropriate to the various stages of construction to observe
the geotechnical conditions encountered by Contractor and
the progress and quality of the geotechnical aspects of the
Work. Based on information obtained during such visits and
on such observations, Engineer may inform Client of the
progress of the geotechnical aspects of the Work. Client
understands that Engineer may not be on site continuously:
and, unless expressly agreed otherwise, Engineer will not
observe all of the Work.
6.1.2. Contractor's Performance. Engineer does not,
and cannot, warrant or guarantee that all of the geotechnical
Work performed by Contractor meets the requirements of
Engineer's geotechnical recommendations or the plans and
specifications for such geotechnical Work; nor can Engineer
be responsible for Contractor's failure to perform the Work in
accordance with the plans, specifications or the
recommendations of Engineer.
6.1.3. Contractor's Responsibilities. Engineer will not
supervise, direct or have control over the Work nor will
Engineer have authority over or responsibility for the means,
methods. techniques, sequences or procedures of construction
selected by Contractor for the geotechnical aspects of the
Project; for safety precautions and programs incident to the
Work: nor for any failure of Contractor to comply with Laws
and Regulations applicable to Contractor furnishing and
performing its Work.
61.4. Fina/ Report. At the conclusion of Construction
Phase Services, Engineer will provide Client with a written
report summarizing the tests and observations, if any, made
by Engineer.
6.2. Review of Contractor's SubmittaLs. If included in the
SCOPE OF WORK, Engineer will review and take appropriate
action on the Contractor's submittals, such as shop drawings,
product data, samples, and other required submittals.
Engineer will review such submittals solely for general
conformance with Engineer's design, and will not include
review for the following, all of which will remain the
responsibility of the Contractor: accuracy or completeness of
details, quantities or dimensions; construction means,
methods, sequences or procedures; coordination among
trades; or construction safety.
6.3. Tests. Tests performed by Engineer on finished Work
or Work in progress are taken intermittently and indicate the
general acceptability of the Work on a statistical basis.
Engineer's tests and observations of the Work are not a
guarantee of the quality of Work and do not relieve other
parties from their responsibility to perform their Work in
accordance with applicable plans, specifications and
requirements.
7. CLIENT'S RESPONSIBILITIES
In addition to payment for the Services performed under this
Agreement, Client agrees to:
71. Cooperation. Assist and cooperate with Engineer in
any manner necessary and within its ability to facilitate
Engineer's performance under this Agreement.
7.2. Representation. Designate a representative with
authority to receive all notices and information pertaining to
agreement. communicate Client's policies and decisions, and
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Proposal No. GTS113142
Geotechnical Engineering Services General Conditions
GTS, Inc.
Page 3 of 5
assist as necessary in matters pertaining to the Project and
this Agreement. Client's representative will be subject to
change by written notice.
7.3. Rights of Entry. Provide access to and/or obtain
permission for Engineer to enter upon all property. whether
or not owned by Client, as required to perform and complete
the Services. Engineer will operate with reasonable care to
minimize damage to the Project Site(s). However, Client
recognizes that Engineer's operations and the use of
investigative equipment may unavoidably alter conditions or
affect the environment at the existing Project Site(s). The cost
of repairing such damage will be borne by Client and is not
included in the fee unless otherwise stated.
7.4. Relevant information. Supply Engineer with all
information and documents in Client's possession or
knowledge which are relevant to Engineer's Services. Client
warrants the accuracy of any information supplied by it to
Engineer, and acknowledges that Engineer is entitled to rely
upon such information without verifying its accuracy. Prior
to the commencement of any Services in connection with a
specific property, Client will notify Engineer of any known
potential or possible health or safety hazard existing on or
near the Project Site, with particular reference to Hazardous
Materials or conditions.
7.5. Subsurface Structures. Correctly designate on plans
to be furnished to Engineer. the location of all subsurface
structures, such as pipes. tanks, cables and utilities within the
property lines of the Project Site(s), and be responsible for
any damage inadvertently caused by Engineer to any such
structure or utility not so designated. Engineer is not liable to
Client for any losses, damages or claims arising from damage
to subterranean structures or utilities that were not correctly
shown on plans furnished by Client to Engineer.
8. CHANCED CONDITIONS
If Engineer discovers conditions or circumstances that it had
not contemplated at the commencement of this Agreement
("Changed Conditions"), Engineer will notify Client in
writing of the Changed Conditions. Client and Engineer agree
to that they will then renegotiate in good faith the terms and
conditions of this Agreement. If Engineer and Client cannot
agree upon amended terms and conditions within 30 days
after notice, Engineer may terminate this Agreement and be
compensated as set forth in Section 18, "Terrnination."
9. HAZARDOUS MATERIALS
Client understands that Engineer's Services under this
Agreement are limited to geotechnical engineering and that
Engineer has no responsibility to locate, identify. evaluate,
treat or otherwise consider or deal with Hazardous Materials.
Client is solely responsible for notifying all appropriate
federal. state, municipal or other governmental agencies,
including the potentially affected public. of the existence of
any Hazardous Materials located on or in the Project site, or
located during the performance of this Agreement. The
existence or discovery of Hazardous Materials constitutes a
Changed Condition under this Agreement.
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10. CERTIFICATIONS
Client agrees not to require that Engineer execute any
certification with regard to Services performed or Work
tested and/or observed under this Agreement unless: 1)
Engineer believes that it has performed sufficient Services to
provide a sufficient basis to issue the certification; 2)
Engineer believes that the Services performed or Work tested
and/or observed meet the criteria of the certification: and 3)
Engineer has reviewed and approved in writing the exact
form of such certification prior to execution of this
Agreement. Any certification by Engineer is limited to an
expression of professional opinion based upon the Services
performed by Engineer, and does not constitute a warranty or
guaranty, either expressed or implied.
II. ALLOCATION OF RISK
11.1. Limitation of Liability. The total cumulative liability
of Engineer, its subconsultants and subcontractors, and all of
their respective shareholders, directors, officers, employees
and agents (collectively "Engineer Entities"), to Client
arising from Services under this Agreement. including
attorney's fees due under this Agreement, will not exceed the
gross compensation received by Engineer under this
Agreement or 5100,000 whichever is greater; provided,
however. that such liability is further limited as described
below. This limitation applies to all lawsuits, claims or
actions that allege errors or omissions in Engineer's Services,
whether alleged to arise in tort, contract, warranty, or other
legal theory. Upon Client's written request, Engineer and
Client may agree to increase the limitation to a greater
amount in exchange for a negotiated increase in Engineer's
fee, provided that they amend this Agreement in writing as
provided in Section 20.
11.2. Indemnification.
11.2.1. Indemnification of Client. Subject to the
provisions and limitations of this Agreement, Engineer agrees
to indemnify and hold harmless Client, its shareholders,
officers, directors, employees. and agents from and against
any and all claims. suits, liabilities, damages, expenses
(including without limitation reasonable attomey's fees and
costs of defense), or other losses (collectively "Losses") to
the extent caused by Engineer's negligent performance of its
Services under this Agreement.
11.2.2. Indemnification of Engineer. Except as
governed by Arkansas law regarding the immunity of
municipalities, Client will indemnify and hold harmless
Engineer Entities from and against any and all Losses to the
extent caused by the negligence of Client, its employees,
agents and contractors. In addition, except to the extent
caused by Engineer's sole negligence, Client expressly agrees
to defend. indemnify and hold harmless Engineer Entities
from and against any and all Losses arising from or related to
the existence, disposal, release, discharge. treatment or
transportation of Hazardous Materials. or the exposure of any
person to Hazardous Materials, or the degradation of the
environment due to the presence, discharge, disposal, release
of or exposure to Hazardous Material.
11.3. Consequential Damages. Neither Client nor
Engineer will be liable to the other for any special,
consequential, incidental or penal losses or damages
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