HomeMy WebLinkAbout2013-10-28 - Agendas - Final• • 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 1 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 2 • • • • • • 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. 3 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. 4 • • • • • • 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. 5 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 rates for a range of amounts. 6 • • • • • 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. nudx-60/0k1 7 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. 8 • • • 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 ii. iv. v. vi. vii. viii. ix. x. xi. • xii. xiii. xiv. 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. • • • • 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". • • • 11 12 • • • 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 3 N O N 8 Q^ O 554,397 CO 3 N- P. m CI N e n T 1 70,964 Nq O NJ 1 10,483 578,863 87.2%1 �p T O �C'pJ T N C7 ae 01 O ae VI n �p ae CO 01 �p a Cr) ae Of C1 ae Cr) CO �C ae C1 ae 0 O �p Tae N r W fV ve V m ee I. q ae N < f� 38,624 72,6571 .n m n m i 428,391 u0'i p� e m 10,2381 91,853 55,8741 1,377,2161 pad not tracked Q r N IL- -ti N ciA N O) < <0 ^ V Q NY J — 283,1001 A 7 N I. O N A CO O O O O O O O O 0 -283,1001 N. m —6,420 Y 0) CVNA 274,883 co O COCV r-- ...;_ co 3 O 280,05 -211-201_1_225f_244, 278,9371 m N. S o ON OCT O) O) CO W 10 I: N M m 03 03 00 n N M 275,072 N CO 274,088 i N- N.1 A CC; m m PN m f0 CO < N N M m 2 �g m v 01 N Freeya] Digital and Reference quer) 12 • • • • • 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 • • • • • • 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 • • • Memo • • 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 • • • • • 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 • • • • • • 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 • • • • • 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 Member of • • • 0 Q O z w 03 Q 2 w cc CC < C/) gW �CC ZD O ~ _U HD O J Ur O z zP x w • w J m up Ts Q ¢ 0 — J Z zQ O 0 0 0 cL cc cc a0 O 0 *01 `pia$ ?oS f-4/4 a�DOODkiT OZ co • 0 . 1. "O O o Ltec CO Cr • 1 ; 4S us,ir.Olf • • •1 • 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 GTS, Inc. 04•14•1•1••/ reirIleg II awing 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 28 • Missouri • Kansas • • • • • • Proposal No. GTS113142 Geotechnical Engineering Services General Conditions GTS, Inc. Page 2 of 5 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 29 Arkansas • Oklahoma • Missouri • Kansas 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. (G•••••••luf • WS. seriSso • GTS, Inc. • 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 30 Arkansas • Oklahoma • Missouri • Kansas • • •