Loading...
HomeMy WebLinkAbout134-99 RESOLUTIONr RESOLUTION NO. 134-99 A RESOLUTION APPROVING AN ENGINEERING AGREEMENT WITH GARVER ENGINEERS, IN AN AMOUNT NOT TO EXCEED $27,960 PLUS A FIXED FEE IN THE AMOUNT OF $2,996, TO FURNISH SURVEYS AND GEOTECHNICAL INFORMATION FOR THE DEVELOPMENT OF THE PROPOSED LIBRARY SITE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council hereby approves an engineering agreement with Garver Engineers, in an amount not to exceed $27,960 plus a fixed fee in the amount of $2,996, to furnish surveys and geotechnical information for the development of the proposed library site; and authorizes the Mayor and City Clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19`" day of October , 1999. Y4 is �\ r'.,I•.• rte.• • Y' r"Woodruff, City erk APPROVED: By. mdaek, Fred Hanna, Mayor Agenda Request Contract Review Grant Review STAFF REVIEW FORM FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF October 19, 1999 FROM: Charles Venable Public Works Name Division Department ACTION REQUESTED: Approval of an engineering agreement with Garver Engineers of Fayetteville to furnish surveys and geotechnical information for the architect's use in development of the proposed library site. COST TO THE CITY: $27,960 Cost of this request 4470-9470-5314-03 Account Number 99073-10 Project Number ' of nno Category/Project Budget 1214,^i Funds used to date 3©4444 Remaining Balance Library Exp. Category/Project Name Program Name Sales Tax Capital Improvement Fund BUDGET REVIEW: —ti Budgeted Item udget Coordinator 40 Budget Adjustment 1ta�� Attached(�(c� Ad inistrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Account /o -42 -99 Date City Attorney Io -/3-5', Date ►o-ua\ -99 Purchasing Officer Date STAFF RECOMMENDATION: Approval of this agreement in order that the information can be furnished to the architect so that preliminary plans can be developed. nal Auditor /1/66 Date ADA Coordinator Date Date Date 1� Date Cross Reference New Item: Yes No Prev Ord/Res #• Orig. Contract Date. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Hanna and Fayetteville City Council From: Charles Venable, Public Works Director Com/ Date: October 11, 1999 Subject: Engineering Agreement to Provide Surveys and Geotechnical Information for the Proposed Library Site Attached hereto is a copy of an engineering agreement with Garver Engineers of Fayetteville. The contract is a cost plus a fixed fee in the amount not to exceed $27,960, and mcludes a fixed fee of $2,996. As stated previously, this project is in conjunction with the architectural agreement that was approved on October 5, and is necessary to provide field data to the architect for his use in the placement and design of the building. CV:msm attachement • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this _ day of 1999, by and between the City of Fayetteville acting by and through its Mayor, hereinafter called the "OWNER," and with Garver Engineers, with offices located at Fayetteville, Arkansas, hereinafter called the "ENGINEER." WITNESSETH: Whereas, the "OWNER" is planning to construct a library on the property bounded by School Avenue, Rock Street, West Avenue, and Mountain Street, containing approximately three acres; and whereas, the "OWNER'S" forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the plans for the project on schedule; Now, therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I - EMPLOYMENT OF ENGINEER The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II -DESCRIPTION OF THE PROJECT This project includes construction of a library, at the site described above, with the required sitework 1 • SECTION III - INFORMATION & SERVICES The "OWNER" will furnish any standards and other information which may relate to the project including the record description of the property, any record easements affecting the property to which the survey shall make reference, free of charge, to the "ENGINEER". SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING "DESIGN" PHASE Specifically, our scope of services is described in the following paragraphs: We will provide a boundary survey, prepare a surveyed description, and a plat of the parcel of land. All of the above will meet Arkansas Minimum Standards for Property Boundary Surveys. We will assist with the reconciliation of any discrepancies between the survey and the legal recorded description. All adjacent property within 50 feet will be included. In addition, topographic information is also required and will include the location of all trees, buildings, utilities, sidewalks, streets, etc. A contour map of the site will be produced with contour intervals at one foot intervals. Error will not exceed one-half contour interval At least two permanent benchmarks will be established noting the location and elevation to the nearest 0.01 foot. Spot elevations at each intersection of a 25 -foot (approximate) square grid covering the property and at street intersections, and at 25 feet on center of curbs, sidewalks, and edge of paving will also be provided. Location of buildings, trees over six inches in diameter, utilities both above and below ground (with depths of the below ground and flow lines of any sanitary sewers and storm sewers), and any other topographic features that may be present on the site, will be indicated. All survey data will be tied to the City of Fayetteville's plane coordinate system and all elevations shall be tied to the National Geodetic Vertical Datum (NGVD) 1929. All drawings will be at a scale of 1" = 30'-0" and shall be on 30" x 42" trim size paper with a Left binding edge and 3/4" border. We will furnish one (1) reproducible transparency, and three (3) copies of each drawing. Composite drawings of the boundary and topographic information will be produced. In addition to the composite drawings, separate plots of (A) boundaries, easements and topographic features without utilities, and (B) boundaries, easements and utilities will be famished. A digital copy in Autocad Release 14 will also be provided to the Owner. It is also understood that the Owner or the Owner's architect may reproduce the Engineer's drawings without modification and distribute the prints in connection with the use or disposition of the property without incurring compensation to the Engineer. Digital copies of the survey data may also be used as a basis for site planning. Oct -11-99 03:37P Garver Inc. Fayetteville 501 527-9101 P.02 Geotechnical data will also be provided. A subconsultant of the Engineer will provide six (6) preliminary soil borings, at least 12 inches into bed rock or hard shale. These borings will be made ncar each property comer and at locations within the property that will provide a general idea of the location and depth of the rock. A geotechnical report and soil boring log will be famished. The subconsultant fee is based on boring depths not to exceed 40 feet. SECTION V - COORDINATION WITH "OWNER" - Not Used SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK - Not Used SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION - Not Used. SECTION VIII - FINAL SUBMISSION - Not Uscd SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES - Not Used SECTION X - SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER." SECTION XI - TIME OF BEGINNING AND COMPLETION The ENGINEER" shall begin work under this Agreement within ten (10) calendar days of a Notice to Proceed and complete the work within 35 calendar days from the date work begins. SECTION XII - FEES AND PAYMENTS A. "Dcsign" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 168% of direct labor costs. plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1. "Design" phase services (Surveying and Geotechnical Services) not to exceed: $24,964.00 2. Fixed fee for "Design" services: $2,996.00 3. Engineering contract amount for Design phase services not to excccd: $27,960.00 3 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council's approval, adjustment of the upper limit may be made should the "ENGINEER" establish and the "OWNER" agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if the "OWNER" decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "Engineer." Final payment for Design services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. B. "Bidding" Phase Services - Not Used C. "Construction" Phase Services - Not Used D. "Geotechnical Investigation" Services: Payment for geotechnical investigative services performed under this contract is covered under Part "A" - Design Phase Services E "Special" Services For "Special" services, not described herein, the "OWNER" shall pay the "ENGINEER" at the rates listed in Appendix B multiplied by a 3.0 markup. Special services will be required only when directed by the City in writing. These hourly rates will be subject to change after six months from the date of the Contract to reflect any changes in our pay rates which may occur. SECTION XIII - CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed If any such change causes an Increase or decrease in the cost of, or the time required for, performance of this contract, an equitable mcrease or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract. shall be modified in writing accordingly. Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, pnce of fees. 4 Any claim by the "ENGINEER" for adjustment under this clause must be asserted with thirty (30) days from the date of receipt by the "ENGINEER" of the notification of change, provided, however, that the "OWNER" if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the contract as changed. SECTION XIV - OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of the "OWNER." The "ENGINEER" may retain reproduced copies of drawings and copies of other documents. SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement - Should the "OWNER," for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER," who will immediately suspend work. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B Cancellation - Should the "OWNER," for any reason whatsoever, decide to cancel or to terminate the use of the "ENGINEER'S" service, the "OWNER" will give written notice thereof to the "ENGINEER," who will immediately terminate the work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items, whose value would otherwise be lost. The "ENGINEER" shall tum over all data, charts, survey notes, figures, drawings and other records or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed. SECTION XVII - MISCELLANEOUS PROVISIONS 1. Dispute resolution - Any dispute concerning a question of fact in connection with the work and having a financial value of $10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville, whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 5 shall be subject to mediation. 2. Responsibility for Claims and Liability - The "ENGINEER" shalt save harmless the "OWNER" from all claim and liability due to its (the "ENGINEER'S") activities, or those subcontractors, its agents, or its employees during the time this contract is in force. 3. General Compliance with Laws - The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "Engineer" shall be a professional engineer, licensed in the State of Arkansas. 4. Engineers Endorsement - The "ENGINEER" shall endorse and recommend all plans, specifications, estimates and engineering data finished by it All design shall be checked in accordance with accepted engineering practices All plan quantities shall be checked and verified. SECTION XVIII - SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above Neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XIX - COVENANT AGAINST CONTINGENT FEES The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER," to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the "ENGINEER," any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the "OWNER" shall have the right to annul this contract without liability. 6 • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. CITY OF FAYETTEVILLE ENGINEER By: ATTEST: C GARVER ENGINEERS Name of the firm By: i(14911 Authonzed Representative ATTEST 7 Appendix A - Page 1 of 2 City of Fayetteville Fayetteville City Library 11 -Oct -99 Surveying Services and Preliminary Geotechnical Services Boundary Survey 1 Provide a boundary survey, prepare a surveyed deschption, and a pat of survey of the parcel of land. All of the above will meet Arkansas Minimum Standards for Property Surveys. Assist with the reconciliation of any disaepandes between the survey and legal recorded description. This survey will be tied to the City of Fayetteville's plane coordinate system. 1 Total Project Manager Project Engineer Design Engineer Project Surveyor Technician/Draftsman Clerical Survey Crew Construction Observer Construction Engineer 4 0 0 72 0 2 16 0 0 4 0 0 72 0 2 16 0 0 Topographic Survey and Map 1 2 A contour map will be produced with one foot contour Intervals. Error will not exceed one-half contour Interval. At least two permanent bench marks will be established noting the location and elevation to the nearest 0.01 foot. Spot elevatlons at each intersection of a 25 foot approximately square grid covenng the property and and at street Intersections, and at 25 feet on center of curbs. sidewalks. and edge of paving will also be provided. Location of building, trees over six Inches in diameter, utilities both above and below ground (with depths of the below ground and flow lines of any sanitary sewers and storm sewers), and any topographic features that may be present on the site will be indicated. This survey will be tied to the City of Fayetteville's plane coordinate system and all elevations shall be tied to the National Geodetic Vertical Datum (NGVD) 1929. All drawings will be at a scale of 1- = 30' and shall be on 30' x 42- trim size paper with a lett binding edge and 3/4- border. We will furnish ane (1) reproducible transparency, and three (3) copies of each drawing. Composite drawings of the boundary and topographic information will be produced. In addition to the composite drawings. separate plots of (A) boundaries, easements, and topographic features with utlllIes, and (B) boundaries, easements and utilities will be furnished. A digital copy in Autocad Release 14 will also be provided to the Owner. 1 2 Total Project Manager Project Engineer Design Engineer Project Surveyor Technician/Draftsman Clerical Survey Crew ConsWction Observer Construction Engineer 4 2 O 0 O 0 54 32 O 2 2 2 76 0 O 0 O 0 6 0 0 86 2 4 76 0 0 Geotechnical Investigation 1 The Engineer or his subcontractor shall provide six (6) preliminary soil borings, at least 12 inches into bedrock or hard shale. These borings will be made near each property comer and al locations within the property that will provide a general Idea of the location and depth of the rock. A geotechnical report and soil Doting log will be furnished. 1 Total Project Manager Project Engineer Design Engineer Project Surveyor Technician/Draftsman Clerical Survey Crew Construction Observer Construction Engineer 4 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 • TOTAL ESTIMATED COST: O O r PROFESSIONAL FEE (profit) N N o ) D N n 0 N n - 1 -0 O V V c?jc o�0c -I 0 > OOA O <3=Z0]Q�. co o. o . O " m0az9u� • la ° c c g2 2"gm��^ Mx. = age .o mmmn0 Z i2 1 OOm �Omdm rfp� O. Gcoga v -i Gd ▪ O y-<mz5 2 covo mm oa a 0 m Nm < O vo `< m rAr o o O n N O O 0) H 00 'a - EA H UW H H A CO V 04.1 CD 01 OH N 02 N (P O O O O O V N 0000000 1800 A21V1VS 1032110 m 0 03� C D 0. 77 Z v (1) 0001001000a co co N H N U H IJ T H P Ay H H O N 69 0 H H N A 0000 N O A OOO 0 0 0 0 0 0 0 0 0 0 0 0 0 i 61 A H A H H(HT U IV 10 0000a0 CO ID 0 0 0 0 0 0 v O 0 0 0 0 0 0 N 0 V Co O O A A N O) O O O) fA U N M -•U U HC A (o.) 40 to aCO O O CO A N O 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0) U U U N N 0) W N O0 W -s O in 0) b (0 0 0 H 0 H H U H H U O 0 U N 000000 O 000000 0) o 000000 O 0 O O O O O O O O A H H U U H H U U H N 00000000 0 0 0 0 0 0 666 0 2 C C A Z Z U! 0 0 N -1 6 (0 (0 • • Appendix B Garver Engineers Hourly Rate Schedule Classification Regular Senior Project Manager $37.00 Project Manager $30.00 Senior Project Engineer $26.00 Project Engineer $24.00 Senior Design Engineer $22.25 Construction Engineer $19.50 Design Engineer/Designer $22.25 Environmental Scientist $21.00 Geologist $20.00 CADD Administrator $20.00 Senior CADD Technician $18.00 CADD Technician $16.25 Senior Construction Observer $20.00 Construction Observer $19.50 Project Surveyor $20.75 Party Chief N/A Instrument Man $19.25 Rodman $12.00 Clerical $11.00 October, 1999 • • Senior -Project Hannah, T.B. Johnson, T.L. Johnson, W.B. Jones, C.F. Morgan, B.D. Parker, H.J. Pierce, R.R. Reese, W.T. Taylor, R.E. Walker,E.T. White,R.D. Williams, D.H. Manager PE PE PE PE PE PE PE PE PE,RLS PE PE PE Protect Manager Bennett, G.E. PE Dalla Rosa,M.G. PE Griffin, M.J. PE Holder, J.D. PE Hoskins, B E PE Lee, D.S. PE Lynch, M.D. PE McCarley,J.D. PLS McMillin A.T. PE Rowland, K.B. PE Wilson, K.W. PE Senior Protect Brown, D.L. Cummings S.W Davis, W.D. Fish, R.A. Fulmer, G.A. Haynes, S.L. Larson, A.T. Ruck, W.E. Ruddell, J.H. Tiner, N.D. Watkins, J.T. Wilbourn, D.C. Engineer Project Architect Lebovitz, P.A PE PE PE PE PE PE PE PE,RLS PE PE PE PE Project Engineer Allen, J.Q. PE Brashear, J.N. PE Catlett,W.C. PE Farmer, E.C. PE Mott Jr.; W.E. PE Senior Design Engineer Barr, J.L. PE Elkhair', A.S. PE Garner, D. M. PE Garvin, D. D. PE Hammons, R.C. PE Harrison,J.Matt PE Leone, C.G. PE McEntire, W.M. PE Parker, C.G. PE Watt,C.J. PE Sr. Construction Engineer Morris, J. C. PE Stengel, M.H. El Construction Engineer Isbell, G. D. El (Nville) (Nville) (Nville) (Tulsa) (MAD) (Fville) (Lville) (Hville) (Nville) (Lville) (Nville) (Nville) (Tulsa) (Tulsa) (Tulsa) (Tulsa) (Fville) (Tulsa) Design Enzineer/Deslener Aussieker, B. El Gamer N.H. EI Boos, J. E. EI Britton, S.N. El Brown, B. W. El Carson, D.K. EI Clinehens, C. E EI Deegan,D.W. EI Duden, E.D. EI Falbe, W. R. EI Flood, M A El Garrett, R EI Grant, John Guthrie, K.D. El Hanks, S. N. EI Higgins, Karyn EI Lindley, J. G. EI Mclllwain, F.O. El McNeill, N. S. EI Overstreet, J.K EI Phillips, D. S. EI Shaw, J R EI Spaul, W.H. EI,RLS Storey, G. T. El Teague, E.A. EI Thomsberry, S. El Turner, T. R. El Weindorf, Blake EI Zorn, T. S. EI Environmental Scientist Gates, S.J. Geologist Miller, A.L. PG Network Administrator Taylor, L.D. Whitley, V. Senior Technician Beasley, D.D. Beazley, B.W. Bowen, S.L. Farrar, R.D. Fortner, R.N. Guss, T. F. RLS Hutchinson,D.E. Ketzscher, C.H. Kline, J.E. Kyzer , L.K. Raley, P. S. Rogers, Terry Ross, R.D. Skinner, T.W. Yandell, D.W. RLS Technician Agginie, R.M. Boles, D. S. Bridges, Kyle Brown, M. C. Deck, B E. Delk, J.P. Edwards, D W Erwin, M. C. Garr, C.A. Hibbard, J.D. Jones, K. H. Kuca, R. J. (Tulsa) (Nville) (Fville) (MAD) (Fville) (Tulsa) (MAD) (MAD) (Hville) (Nville) (Lville) (Lville) (Nville) (Nville) (Nville) (Fville) Lawhon, R.D. Leary, D. Loney, T. M. Macom, C.F. Rouse, N.J. Sheridan, P.J. Thomas, C.W. Webb, D. J. Wier, J.M. Williams, H.E. (Tulsa) (MAD) (Tulsa) (Fville) Senior Construction Observer Billing, L.W. Chambless, J.H. Ward, J.W. Construction Observer Beavers, L. R. Evans, D.L. Robinson, W.D. Thompson, R R Survey Coordinator Aston, J.S. PLS Project Surveyor Davis P.E. Party Chief Carpenter, L.W. Caudle, J.T. Mott, W E Warren, G.M. Instrument Man Dinges, A.E. Pierce, C.S. Weston, R.L. Rodman Connolly, J P Cook, M. N. Criss, S.E. Warhurst, J.J Clerical Ballentine,D.L. Bastin, C. Cromer, C.E Fuller, K J Garrett, D. Hall, C.S. Isaacs, S. Jones, D.R. Madden T. B. Morgan, A. N. (Nville) (Hville) (Fville) (Hville) (Lville) (Hville) (Lville) (Hville) (Hville) (Hville) (Fville) (Nville) (Lville) (Tulsa) • 1 4 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this &Say of Oribenti 1999, by and between the City of Fayetteville acting by and through its Mayor, hereinafter called the "OWNER," and with Garver Engineers, with offices located at Fayetteville, Arkansas, hereinafter called the "ENGINEER." WITNESSETH: Whereas, the "OWNER" is planning to construct a library on the property bounded by School Avenue, Rock Street, West Avenue, and Mountain Street, containing approximately three acres; and whereas, the "OWNER'S" forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the plans for the project on schedule; Now, therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I - EMPLOYMENT OF ENGINEER The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II -DESCRIPTION OF THE PROJECT This project includes construction of a library, at the site described above, with the required sitework. 1 SECTION III - INFORMATION & SERVICES The "OWNER" will fumish any standards and other information which may relate to the project including the record description of the property, any record easements affecting the property to which the survey shall make reference, free of charge, to the "ENGINEER". SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING "DESIGN" PHASE Specifically, our scope of seryices is described in the following paragraphs. We will provide a boundary survey, prepare a surveyed description, and a plat of the parcel of land. All of the above will meet Arkansas Minimum Standards for Property Boundary Surveys. We will assist with the reconciliation of any discrepancies between the survey and the legal recorded description. All adjacent property within 50 feet will be included In addition, topographic information is also required and will include the location of all trees, buildings, utilities, sidewalks, streets, etc. A contour map of the site will be produced with contour intervals at one foot intervals. Error will not exceed one-half contour interval At least two permanent benchmarks will be established noting the location and elevation to the nearest 0.01 foot. Spot elevations at each intersection of a 25 -foot (approximate) square grid covering the property and at street intersections, and at 25 feet on center of curbs, sidewalks, and edge of paving will also be provided. Location of buildings, trees over six inches in diameter, utilities both above and below ground (with depths of the below ground and flow lines of any sanitary sewers and storm sewers), and any other topographic features that may be present on the site, will be indicated. All survey data will be tied to the City of Fayetteville's plane coordinate system and all elevations shall be tied to the National Geodetic Vertical Datum (NGVD) 1929. All drawings will be at a scale of 1" = 30'-0" and shall be on 30" x 42" trim size paper with a left binding edge and 3/4" border. We will furnish one (1) reproducible transparency, and three (3) copies of each drawing. Composite drawings of the boundary and topographic information will be produced In addition to the composite drawings, separate plots of (A) boundaries, easements and topographic features without utilities, and (B) boundaries, easements and utilities will be furnished. A digital copy in Autocad Release 14 will also be provided to the Owner. It is also understood that the Owner or the Owner's architect may reproduce the Engineer's drawings without modification and distribute the prints in connection with the use or disposition of the property without incurring compensation to the Engineer. Digital copies of the survey data may also be used as a basis for site planning. 2 Geotechnical data will also be provided. A subconsultant of the Engineer will provide six (6) preliminary soil borings, at least 12 inches into bed rock or hard shale. These borings will be made near each property corner and at locations within the property that will provide a general idea of the location and depth of the rock. A geotechnical report and soil boring log will be furnished. The subconsultant fee is based on boring depths not to exceed 40 feet. SECTION V - COORDINATION WITH "OWNER" - Not Used SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK - Not Used SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION - Not Used. SECTION VIII - FINAL SUBMISSION - Not Used SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES - Not Used SECTION X - SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER " SECTION XI - TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) days of Notice to Proceed. SECTION XII - FEES AND PAYMENTS A. "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 168% of direct labor costs, plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1. "Design" phase services (Surveying and Geotechnical Services) not to exceed: $24,964.00 2. Fixed fee for "Design" services: $2,996.00 3. Engineering contract amount for "Design" phase services not to exceed: $27,960.00 3 Geotechnical data will also be provided. A subconsultant of the Engineer will provide six (6) preliminary soil borings, at least 12 inches into bed rock or hard shale. These borings will be made near each property comer and at locations within the property that will provide a general idea of the location and depth of the rock. A geotechnical report and soil boring log will be furnished. The subconsultant fee is based on boring depths not to exceed 40 feet. SECTION V - COORDINATION WITH "OWNER" - Not Used SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK - Not Used SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION - Not Used. SECTION VIII - FINAL SUBMISSION - Not Used SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES - Not Used SECTION X - SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER." SECTION XI - TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) calendar days of a Notice to Proceed and complete the work within 35 calendar days from the date work begins. SECTION XII - FEES AND PAYMENTS A. "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 168% of direct labor costs, plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1. "Design" phase services (Surveying and Geotechnical Services) not to exceed: $24,964.00 2. Fixed fee for "Design" services: $2,996.00 3. Engineering contract amount for "Design" phase services not to exceed: $27,960.00 3 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council's approval, adjustment of the upper limit may be made should the "ENGINEER" establish and the "OWNER" agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if the "OWNER" decides to shorten the duration of work from the time penod specified in the Agreement for completion of work and such modification warrants such adjustment. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "Engineer." Final payment for Design services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. B. "Bidding" Phase Services - Not Used C. "Construction" Phase Services - Not Used D. "Geotechnical Investigation" Services: Payment for geotechnical investigative services performed under this contract is covered under Part "A" - Design Phase Services E "Special" Services For "Special" services, not described herein, the "OWNER" shall pay the "ENGINEER" at the rates listed in Appendix B multiplied by a 3.0 markup. Special services will be required only when directed by the City in writing. These hourly rates will be subject to change after six months from the date of the Contract to reflect any changes in our pay rates which may occur. SECTION XIII - CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, price of fees. 4 Any claim by the "ENGINEER" for adjustment under this clause must be asserted with thirty (30) days from the date of receipt by the "ENGINEER" of the notification of change, provided, however, that the "OWNER" if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the contract as changed. SECTION XIV - OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of the "OWNER." The "ENGINEER" may retain reproduced copies of drawings and copies of other documents. SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement - Should the "OWNER," for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER," who will immediately suspend work. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B Cancellation - Should the "OWNER," for any reason whatsoever, decide to cancel or to terminate the use of the "ENGINEER'S" service, the "OWNER" will give written notice thereof to the "ENGINEER," who will immediately terminate the work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items, whose value would otherwise be lost. The "ENGINEER" shall turn over all data, charts, survey notes, figures, drawings and other records or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed. SECTION XVII - MISCELLANEOUS PROVISIONS 1. Dispute resolution - Any dispute concerning a question of fact in connection with the work and having a financial value of $10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville, whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 5 shall be subject to mediation. Responsibility for Claims and Liability - The "ENGINEER" shalt save harmless the "OWNER" from all claim and liability due to its (the "ENGINEER'S") activities, or those subcontractors, its agents, or its employees during the time this contract is in General Compliance with Laws - The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "Engineer" shall be a professional engineer, licensed in the State of Arkansas. Engineers Endorsement - The "ENGINEER" shall endorse and recommend all plans, specifications, estimates and engineering data finished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall SECTION XVIII - SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above. Neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER," to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the "ENGINEER," any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the "OWNER" shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. CITY OF FAYETTEVILLE By: Mayor ATTEST: City ty erkkr000 Clerk ENGINEER GARVER ENGINEERS Name of the firm By: 49i/ N/L Authorized Representative ATTEST Appendix A - Page 1 of 2 City of Fayetteville 11 -Oct -99 Boundary Survey Provide a boundary survey, prepare a surveyed description, and a plat of survey of the parcel of land. All of the above will meet Arkansas Minimum Standards for Property Surveys. Assist with the reconciliation of any discrepancies between the survey and legal recorded descrption. This survey will be tied to the City of Fayetteville's plane coordinate system. Topographic Survey and Map o permanent bench marks will be established noting the location and elevation to the nearest 0.01 foot. Spot elevations each intersection of a 25 foot approximately square grid covering the property and and at street intersections, and at feet on center of curbs, sidewalks, and edge of paving will also be provided. Location of building, flees over six inches diameter, utilities both above and below ground (with depths of the below ground and now lines of any sanitary sewers d storm sewers), and any topographic features that may be present on the site will be indicated. This survey will be tied'. the City of Fayetteville's plane coordinate system and all elevations shall be tied to the National Geodetic Vertical Aura (NGVD) 1929. 2 All drawings will be at a scale of 1- = 30and shall be on 30' x 42- trim size paper with a left binding edge and 3/4- border. We will famish one (1) reproducible transparency, and three (3) copies of each drawing. Composite drawings of the boundary and topographic information will be produced. In addition to the composite drawings, separate plots of (A) boundaries, easements, and topographic features with utilities, and (B) boundaries, easements and utilities will be furnished. A digital copy in Autocad Release 14 will also be provided to the Owner. Geotechnlcal Investigation I The Engineer or his subcontractor shall provide six (6) preliminary soil borings, at least 12 inches into bedrock or hard shale. These borings will be made near each property comer and at locations within the property that will provide a general idea of the location and depth of the rock. A geotechniral report and soil boring log will be famished. O A O >; o c c N 0 0 N n-4 v p_0-0 vi�t0> O CD O v OOC D D m o o r N E m m c O D = O m V p m s A E Z Z o O m c>> y C',≤ r (q5 O y p c n> O p w>> f z m, D m x 1 z 'ma< 000 S W D o m m Ph o �y p mm 'm v p n K <. d m O O mm 0 ai Cm A v r m r N p C a I a d O N •-�^� 0 Oy D n CI) a N N Olb OD e d C> _ N Z 0 o N O N O O A r R 6 H CO COI II(I A p O N N Ol N N 0 0 0 0 0 tp 0 0 N O A O O O O C m O 0 0 0 0 0 0 0 O O O O O O O O O O O O O J N O000000 N 0000000000 V CO O O m A N c, O O 44 CD C. OIOOOOOOOOOI� p N OI0000000 N 0 TC Cl) 00000000 O Co 44 H y, N fn N H W W Ca 0 N 04,4,44,t'0 i O N fA EH Vi fR bi (A 4 fA N O 00 + 0 0 0 0 0 0 0 - 0000000000 O N WO O O O O O O 01 O O O O O O O O O O O IC 0 0 0 0 0 0 0 0 0 0000000000 Appendix B Garver Engineers Hourly Rate Schedule Classification Regular $37.00 Senior Project Manager Project Manager $30.00 Senior Project Engineer $26.00 Project Engineer $24.00 Senior Design Engineer $22.25 Construction Engineer $19.50 Design Engineer/Designer $22.25 Environmental Scientist $21.00 Geologist $20.00 CADD Administrator $20.00 Senior CADD Technician $18.00 CADD Technician $16.25 Senior Construction Observer $20.00 Construction Observer $19.50 Project Surveyor $20.75 Party Chief N/A Instrument Man $19.25 Rodman $12.00 Clerical $11.00 October, 1999 Senior Project Manager Hannah, T.B. PE Johnson, T.L. PE Johnson, W.B. PE Jones, C.F. PE Morgan, B.D. PE Parker, H.J. PE Pierce, R.R. PE Reese, W.T. PE Taylor, R.E. PE,RLS (Nville) Walker,E.T. PE (Nville) White,R.D. PE (Nville) Williams, D.H. PE (Tulsa) Project Manager Bennett, G.E. PE Dalla Rosa,M.G. PE Griffin, M.J. PE Holder, J.D. PE Hoskins, B.E. PE Lee, D.S. PE Lynch, M.D. PE McCarley,J.D. PLS McMillin A.T. PE Rowland, K.B. PE Wilson, K.W. PE Senior Project Engineer Brown, D.L. PE Cummings, S.W. PE Davis, W.D. PE Fish, R.A. PE Fulmer, G.A. PE Haynes, S.L. PE Larson, A.T. PE Ruck, W.E. PE,RLS Ruddell, J.H. PE liner, N.D. PE Watkins, J.T. PE Wilbourn, D.C. PE Project Architect Lebovitz, P.A Project Engineer Allen, J.Q. PE Brashear, J.N. PE Catlett,W.C. PE Farmer, E.C. PE Mott Jr.; W.E. PE Senior Design Engineer Barr, J.L. PE Elkhairi, A.S. PE Gamer, D. M. PE Garvin, D. D. PE Hammons, R.C. PE Harrison,J.Matt PE Leone, C.G. PE McEntire, W.M. PE Parker, C.G. PE Watt,C.J. PE (MAD) (Fville) (Lville) (Hville) (Nville) (Lville) Design Engineer/Designer Lawhon, R.D. (Tulsa) Aussieker, B. EI (Tulsa) Leary, D. (MAD) Banner, N.H. EI Loney, T. M. (Tulsa) Boos, J. E. EI Macom, C.F. Britton, S.N. El Rouse, N.J. Brown, B. W. EI Sheridan, P.J. Carson, D.K. El Thomas, C.W. Clinehens, C. E EI Webb, D. J. (Fville) Deegan,D.W. El (Nville) Wier, J.M. Duden, E.D. El Williams, H.E. Falbe, W. R. EI Flood, M A EI Senior Construction Observer Garrett, R EI (Fville) Billing, L.W. Grant, John (MAD) Chambless, J.H. Guthrie, K.D. EI (Fville) Ward, J.W. Hanks, S. N. EI (Tulsa) Higgins, Karyn EI Construction Observer Lindley, J. G. EI Beavers, L. R. Mclllwain, F.O. EI Evans, D.L. (Nville) McNeill, N. S. EI Robinson, W.D. Overstreet, J.K EI (MAD) Thompson, R R Phillips, D. S. El (MAD) Shaw, J R Spaul, W.H. EI EI,RLS Survey Coordinator Storey, G. T. EI (Hville) Aston, J.S. PLS (Hville) Teague, E.A. EI Thomsberry, S. EI Project Surveyor Turner, T. R. El Davis P.E. (Fville) Weindorf, Blake El Zorn, T. S. El Party Chief Carpenter, L.W. (Hville) Environmental Scientist Caudle, J.T. Gates, S.J. Matt, W.E. Warren, G.M. (Lville) Geologist Miller, A.L. PG Instrument Man Dinges, A.E. (Hville) Network Administrator Pierce, C.S. Weston, R.L. (Lville) Taylor, L.D. Whitley, V. Rodman Senior Technician Connolly, J P Cook, M. N. (Hville) (Nville) Beasley, D.D. Criss, S.E. Beasley, B.W. Bowen, S.L. Warhurst, J.J - (Hville) (Nville) Farrar, R.D. Former, R.N. Clerical Guss, T. F. RLS (Nville) Ballentine,D.L. Hutchinson,D.E. Bastin, C. (Hville) Ketzscher, C.H. Cromer, C.E Kline, J.E. (Lville) Fuller, K J (Fville) Kyzer , L.K. Garrett, D. (Nville) Raley, P. S. Hall, C.S. Rogers, Terry (Lville) Isaacs, S. (Lville) (Tulsa) Ross, R.D. Jones, DR. (Tulsa) (Tulsa) Skinner, T.W. Madden T. B. Yandell, D.W. RLS Morgan, A. N. (Tulsa) (Tulsa) Sr. Construction Engineer Morris, J. C. PE (Fville) Stengel, M.H. El Construction Engineer Isbell, G. D. EI (Tulsa) Technician Agginie, R.M. Boles, D. S. (Nville) Bridges, Kyle Brown, M. C. Deck, B E. Delk, J.P. Edwards, D W (Nville) Erwin, M. C. (Nville) Garr, C.A. Hibbard, J.D. Jones, K. H. (Fville) Kuca, R. I. .1 .1.. Grubbs, Hoskyn, fl Barton & Wyatt, I N C. CONSULTING ENGINEERS October 12, 1999 Proposal No. SP99-105 (Revised) Garver Engineers 3810 Front Street, Suite 10 Fayetteville, Arkansas 72703-5 21 7 Attention: Mr. Brock Hoskins PRELIMINARY GEOTECHNICAL INVESTIGATION FAYETTEVILLE PUBLIC LIBRARY - NEW SITE FAYETTEVILLE, ARKANSAS P.O. Box 1248 Springdale, Arkansas 72765 202 Greg Street 72764 (501) 756-5999 FAX (501) 756-1749 We are pleased to submit this preliminary proposal and cost estimate for performing an investigation and analysis of the soil and foundation conditions for design of the proposed Fayetteville Public Library to be located on the site south of west Mountain Street and west of School Avenue in Fayetteville, Arkansas. This proposal was prepared in response to the requested scope of services outlined in the September 27 letter you received from Mr. Charles Venable (City of Fayetteville). The project site is the city block bounded on the north by west Mountain, on the south by west Rock, on the east by School Avenue and on the west by West Avenue. Topographically, the site slopes from northeast downward to the southwest with more than 40 ft of elevation change. Pre -schematic design .. information indicates the multi -level structure will be partially depressed into the site, requiring substantial excavation to establish the lower floor grades. The pre -schematic design for the proposed structure indicates there may be three (3) levels of parking and two (2) main levels of library and related space. Two levels of parking will be depressed below grade (as seen from W. Mountain Street) providing an at -grade entrance to the upper parking level from W. Mountain on the north and an at -grade entrance to the lower level parking from W. Rock Street on the south. Cuts of more than 20 ft are expected to be required to establish floor grades for the structure. The footprint of the proposed building is expected to cover essentially the entire city block. Foundation loadings are anticipated to be moderate. Geotechnical and Materials Engineering/Construction Surveillance GRUBBS, HOSKYN, BARTON & WYATT, INC. October 12, 1999 Proposal No. SP99-105 (Revised) Page 2 of 3 For the proposed structure, we understand that the following study will be conducted: (a) drill six (6) sample borings to depths sufficient to penetrate at least 12 inches into bedrock or hard shale, estimated to be approximately 30 to 40 ft, obtaining undisturbed soil samples and/or Standard Penetration Values at 2- to 5 -ft intervals or at a change in soil stratum; (b) perform limited laboratory testing program designed after the borings are completed to determine the physical properties and engineering characteristics of the subsurface soils; and, (c) prepare an engineering report with preliminary recommendations for foundation design and construction criteria as well as comments regarding site grading. Charges for the above outlined services will be based on the enclosed Schedules of Fees. Your attention is called to the General Conditions on Schedule 40.01 (Mar 99). If liability coverage in excess of that shown in Item 3.3 is desired, please so indicate. We estimate the cost of the investigation will be approximately $4300 depending upon the soil conditions encountered. This estimate is based on approximately $2850 for drilling and sampling, mobilization and setup, $500 for laboratory testing, $800 for engineering analysis, and $150 for report preparation and reproduction. The above estimate is based on the drilling depths expected to be required to satisfy the intent of the investigation. Actual depths may be deeper or shallower. Therefore, charges for the investigation may be higher than the above estimate if the borings need to be deeper than anticipated. A not to exceed cost of $5000 may be used for budgeting purposes. This amount is based on a maximum boring depth of 40 feet. The above estimate is also based on the site being accessible to our truck - mounted drill rig. The cost of renting tractors or other equipment required to gain access to the site will be determined in accordance with Item 7.3 of Schedule 43.04, attached. If unusual soil conditions are encountered which would materially alter the proposed investigation, we will notify your office or your representative before proceeding with any additional studies. We anticipate that the investigation and analysis can be completed and our report submitted within approximately four (4) weeks after authorization is received. We appreciate the opportunity to submit this proposal and hope we may continue to be of service to you as this project proceeds through further planning, design and construction. GRUBBS, HOSKYN, BARTON & WYATT, INC. Proposal No. SP99-105 (Revised) Very Truly Yours, October 12, 1999 Page 3 of 3 Grubs, Hoskyn, Barton & Wyatt, Inc. ohn P. Hoskyn, P.E. Vice -President JPH/kdc Attachments: Schedule 40.01 (Mar 99) Schedule 42.04 (Jan 99) Schedule 43.04 (Jan 99) Copies Submitted Date Garver Engineers Attn: Mr. Brock Hoskins Authorization (2+fax) GRUBBS, HOSKYN, BARTON & WYATT, INC. Schedule 40.01 (March 1999) Page 1 of 3 1. i� 3 Client STANDARD FEES AND GENERAL CONDITIONS FOR ENGINEERING AND TECHNICAL SERVICES Client, as used herein, is the entity who authorized performance of services by Grubbs, Hoskyn, Barton & Wyatt, Inc. and accepts responsibility for payment under the conditions stated herein. Professional Services and Fees 2.1 Analysis, consultation and report preparation. Fees for our professional services are based on the time of professional, technical and clerical personnel directly charged to the project. The fee is computed as 2.4 times salary cost for the chargeable time. Salary cost includes base payroll plus 34 percent for employee benefits, payroll taxes, and payroll insurance. A schedule of hourly rates for engineering and technical personnel by classification is available upon request. 2.2 Reimbursable expenses. Expenses other than salary costs that are directly attributable to performance of our professional services are billed as follows: a) for report reproduction by our graphics department, charges equivalent to commercial rates for similar commercial service; schedule available upon request b) for transportation in our company automobiles, $0.35 per mile c) for in-house computer use, rates established for individual systems; information furnished upon request d) for outside computer service use, direct charges allocated to job times 2.5 e) for all other expenses, included but not limited to, authorized travel, sample shipment, subcontracts, consulting fees, long distance communications, outside reproduction, and mailing expense, cost plus 15 percent General Conditions 3.1 On -site Responsibilities and Risks a) Right -of -Entry. Unless otherwise agreed, Client will furnish right -of -entry and obtain permits, as required, for us to perform the field work. b) Damage to Property. We will take reasonable precautions to minimize damage to land and other property caused by our operations, but we have not included in our fee the cost of repairing such damage. If Client desires us to repair and/or pay for damages, we will undertake the repairs and add the cost to our fee. c) Toxic and Hazardous Materials. Client will provide us with all information within his possession of knowledge as to the potential occurrence of toxic or hazardous materials at the site being investigated. If unanticipated toxic or GRUBBS, HOSKYN, BARTON & WYATT, INC. 3.2 3.3 3.4 Schedule 40.01 (March 1999) Page2of3 hazardous materials are encountered, we reserve the right to demobilize our field operations at Client's expense. Remobilization will proceed following consultation with our safety coordinator and Client's acceptance of proposed safety measures and fee adjustments. d) Utilities and Pipelines. While performing our field work, we will take reasonable precautions to avoid damage to subterranean and subaqueous structures, pipelines, and utilities. Client agrees to hold Grubbs, Hoskyn, Barton & Wyatt, Inc. and its officers, agents, employees, and subcontractors harmless for any damages to such structures, pipelines, and utilities which are not called to our attention and correctly shown on the plans furnished. Warranty a) Services performed by Grubbs, Hoskyn, Barton & Wyatt, Inc. will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, either expressed or implied, is made or intended by our proposal, contract, or reports. b) Client acknowledges that conditions may vary from those encountered at the location where borings, surveys, or explorations are made and that our data, interpretations and recommendations are based solely on the information available to us. We will be responsible for our data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the information developed. Liability Our liability to Client for injury or damage to persons or property arising out of work performed for Client and for which legal liability may be found to rest upon us, other than for professional errors and omissions, will be limited to our general liability coverage. For any damage caused by an error, omission, or other professional negligence, our liability will be limited to a sum not to exceed $50,000 or our fee less direct third -party costs, whichever is greater. In the event that Client does not wish to limit our professional liability to this sum, we agree to waive this limitation upon receiving Client's written request, and Client agrees to pay an additional consideration of 4 percent of our total fee of $500, whichever is greater. Invoices and Payment Invoices will be submitted every four (4) weeks for services rendered. Payment is due upon presentation of our invoice and is past due thirty (30) days from invoice data. Payment of our invoice(s) is not contingent upon Client receiving payment from a third party. Client agrees to pay a finance charge of one percent (1%) per month (or the maximum rate allowable by law, whichever is less), on past due accounts. Any attorney's fees or other cost incurred in collecting a delinquent amount shall be paid by Client. GRUBBS, HOSKYN, BARTON & WYATT, INC. 3.5 3.6 Samples Schedule 40.01 (March 1999) Page 3 of 3 All samples of soil and rock will be discarded thirty (30) days after submission of our report, unless Client advises us otherwise. Upon request, we will deliver the samples in accordance with Client's instructions, charges collect, or will store them for an agreed charge. Records All pertinent records relating to services performed hereunder shall be retained for two (2) years after completion of the work. Client shall have access to the records at all reasonable times during said period. 4. Related Services Additional services that are frequently required for support of our professional activities are normally provided by one of the technical divisions of Grubbs, Hoskyn, Barton & Wyatt, Inc. Applicable charges are given in one or more schedules of the following series: 4.2 Laboratory Testing Fees 4.3 Field Charges for Foundation Investigations 4.4 Rates for Construction Surveillance and Consultation : 4 GRUBBS, HOSKYN, BARTON & WYATT, INC. Schedule 42.04 (Jan 1999) Page l of 1 LABORATORY AND FIELD SOIL TESTING FEES (Abbreviated) Test • Unit Price A. Classification and Index Test 1. Water content and visual classification.......................................................... $ 4.00 2. Plastic and liquid limits............................................................................. $ 30.00 3. Unit dry weight of sample.......................................................................... $ 15.00 4. Specific gravity....................................................................................... $ 40.00 5. Sieve analysis through No. 200 Sieve............................................................ $ 30.00 6. Percent passing a single sieve..................................................................... $ 20.00 7. Hydrometer test...................................................................................... $ 75.00 8. Double hydrometer test............................................................................. $ 100.00 9. Permeability of sand................................................................................. $ 100.00 10. Permeability of silt or clay......................................................................... $ 150.00 11. Permeability — Flexwall Tests..................................................................... $ 250.00 12. Laboratory soil resistivity.......................................................................... $ 30.00 13. Field soil resistivity.................................................................................. $ 45.00/hr 14. pH....................................................................................................... $ 15.00 B. Strength Tests 1. Triaxial Compression 1.1 Unconfined compression, soil............................................................$ 30.00 1.2 Unconfined compression, rock...........................................................$ 35.00 1.3 Unconsolidated-undrained................................................................. $ 35.00 1.4 Consolidated-undrained.................................................................... On Request 1.5 Consolidated-drained....................................................................... On Request 2. Direct Shear 2.1 Unconsolidated-undrained................................................................. $ 100.00 2.2 Consolidated-undrained.................................................................... $ 125.00 2.3 Consolidated-drained....................................................................... $ 200.00 3. Multi -stage test for triaxial or direct shear ........................................... Two Times Test Price C. Volume Change Tests 1. Consolidation......................................................................................... $ 230.00 2. Swell test, swell pressure and percent swell ....................................................$ 125.00 D. Earthwork Tests 1. Standard Proctor..................................................................................... $ 120.00 2. Modified Proctor..................................................................................... $ 140.00 3. California Bearing Ratio (CBR), including compaction curve and I specimen .......... $ 170.00 4. Field density and water content, any method ...................................................$ 20.00 5. Lime modification optimum (LM()..............................................................$ 260.00 6. Sample preparation: soil mixtures and curing ..................................................$ 30.00 Notes: (1) Visual classification, natural water content, and unit dry weight are included at no charge with all strength and volume change tests. (2) Additional tests not listed can be performed at either a quoted unit price or on an hourly basis. A comprehensive Laboratory Fee Schedule is available upon request. GRUBBS, HOSKYN, BARTON & WYATT, INC. Schedule 43.04 (Jan 1999) Page 1 of 2 FIELD CHARGES FOR FOUNDATION INVESTIGATIONS 1. Mobilization and demobilization of 3 -man drill crew, including geotechnical technician, and equipment 1.1. Truck rig operation 1.1.1. In -yard mobilization and demobilization ............................... $75.00 1.1.2. Round-trip travel of rig, water truck, crew 1.1.2.1. With pickup...... . ................ . $3.00/mi 1.1.2.2. Without pickup .............................................. $2.75/mi 1.2. Marsh buggy operations (GGH buggies) 1.2.1. In -yard mobilization and demobilization..............................$345.00 1.2.2. Transporting buggies with our truck, portal to portal.............$65.00/hr 1.2.3. Transporting buggies w/contract truck.... ...................... Cost + 15% 1.2.4. Permit charges...... . . . . . . . . . . . . .......... . . .......... . . . . . ........ Cost + 15% 1.2.5. Three-man crew and pickup truck ................................... $2.00/mi 2. Drilling and Sampling 2.1. Soil borings, with 3 -man crew, including geotechnical technician; 3 -in, thin -walled tube sampler in clay and 2 -in. split -barrel sampler in sand; 0 to 100 -ft depth; sampling at 2 - ft intervals to 10 -ft depth and at 5 -ft intervals below 10 ft 2.1.1. Truck rig..............................................0...0...........0...$9.75/ft 2.1.2. Marsh buggy rig ........................................................ $12.00/ft 3. Set-up charge per boring................................................................. $50.00 4. Travel time associated w/jobs in progress for crew and pickup from Little Rock equipment yard or place of lodging to site and return ..........$75.00/hr 5. Time spent gaining access to boring locations, moving equipment between boring locations, and for reasons beyond our control (except weather) 5.1. Truck rig....................................................................... $110.00/hr 5.2. Marsh buggy................................................................... $130.00/hr GRUBBS, HOSKYN, BARTON & WYATT, INC. E N Special Drilling Schedule 43.04 (Jan 1999) Paee 2 of 2 6.1. Borings drilled according to specialized specifications or by time-consuming methods, including drilling in cobbles and gravel, grouting or sealing boreholes, installing piezometers, inclinometers, etc. 6.1.1. Truck rig.............................................................. $130.00/hr 6.1.2. Marsh buggy ....................................................... M .. $140.00/hr 6.2. Drilling using hand portable equipment...........................0....... $100.00/hr 6.3. Wash borings, 0-100 ft........................................0... 6.............. $6.00/ft 6.4. Undisturbed samples in wash borings........................................$25.00/ea 6.5. Machine auger borings w/disturbed samples 0-20 ft ......................... $6.00/ft 6.6. Rock Drilling and Coring 6.6.1. Setting casing through overburden, as required ...................... $5.50/ft 6.6.2. Continuous coring, 0-100 ft .......................................... $30.00/ft 6.6.3. Wash rotary through rock, 0-100 ft ................................. $17.50/ft Other Charges 7.1. Per diem expense allowance for exploration crews when quartered away from base .............................................. $65.00/man-day 7.2. Survey required to establish boring locations and elevations ......... Cost + 15 % 7.3. Rental of dozers, tractors or other equipment, as required to gain access.................................................................. Cost + 15% 7.4. Drilling mud in excess of 2 bags per boring and grouting material for sealing borings ................................................ Cost + 15 % 7.5. In -situ measuring devices and material, including piezometers, pore pressure transducers, inclinometers, backfill sand and cement, and freight......................................................... Cost + 15% 7.6. Replacement of coring bits and casing consumed or lost while rock coring or drilling ......................................... Cost + 159 8. Minimum callout charge for truck, rig and crew..................................$550.00 Notes: (1) Rates presented here are typical minimum charges and apply to the use of a 3 - man drill crew, including a driller, helper, and geotechnical technician. For work of unusual scope or work performed under unusually difficult conditions, appropriate adjustments of these rates will be negotiated in advance. (2) Prices will be furnished on request for items not covered above. (3) For general terms and conditions applicable to all services, and for fees related to professional services, see Schedule 40.01. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Charles Venable, Public Works Director From: Heather Woodruff, City Clerk Date: October 21, 1999 Attached is a copy of the resolution approving the agreement with Garver Engineers for surveys and geotechnical information for the development of the proposed library site. I am also returning one original for you to distribute. The original will be microfilmed and filed with the City Clerk. cc. Yolanda Fields, Internal Auditor