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HomeMy WebLinkAbout158-00 RESOLUTIONRESOLUTION NO. 158-00 MICROFILMED A RESOLUTION APPROVING AN ENGINEERING AGREEMENT WITH GARVER ENGINEERS FOR THE DESIGN OF A MULTI-LEVEL PARKING DECK TO BE CONSTRUCTED ON THE EXISTING PARKING LOT BOUNDED BY CENTER STREET AT THE NORTH, MOUNTAIN STREET ON THE SOUTH, CHURCH AVENUE ON THE WEST AND ON THE EAST OF THE BUILDINGS THAT FRONT BLOCK AVENUE 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 for the design of a multi-level parking deck to be constructed on the existing parking lot bounded by center street at the north, mountain street on the south, church avenue on the west and on the east of the buildings that front block avenue. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2151 day of November , 2000. APPROVE By: ATTEST: Sakti/ By: l Heather Woodruff, City fed Hanna, Mayor NAME OF FILE: yfol, /b'g DD CROSS REFERENCE: Date Contents of File Initials I//1/Do ,L1 - X5d- DD /Woo iaidal '/t" l ,t %4w � J2 / . -Ii i ice,, / h. /01 , „/% 4 , .r i. _�D` Al - 00t .4.99,„- .71 1 1/7J;4, dc /1.7-00 „107.,„ is (f S • • EXHIBIT A CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this 2( day of Atokecm,6ty2_ 2000, 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 3810 Front Street, Suite #10, Fayetteville, hereinafter called the "ENGINEER". WITNESSETH: Whereas, the "OWNER" is planning to design a multi-level parking deck in the City of Fayetteville; and whereas the "OWNERS" 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 The project generally refers to the planning, design, bidding, and construction support services for a multi-level parking deck to be constructed on the existing municipal parking lot bounded by Mountain Street, Center Street, and Church Avenue and by the alley behind the old Campbell Bell Building. This contract will be based on designing three levels, including the ground level, with the ability to design and construct two or three additional levels in the future. The existing transformers and associated utility lines are to remain in place and the deck layout and configuration are to accommodate this. The deck will have the ability to be attached to a future deck across Center Street by a future skybridge. 1 V JJSIHXB 1 • • SECTION III - INFORMATION & SERVICES The "OWNER" will furnish any specifications, standards, and other information which may relate to the project including GPS survey data. Aerial mapping data will be provided, free of charge, to the "ENGINEER" on magnetic media. The "OWNER" will also pay for newspaper advertisements, and agency review fees outside of this agreement. Construction materials quality assurance and control testing will be provided by the construction contractor and is not a part of this agreement. SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING "DESIGN" PHASE Preliminary Design The "ENGINEER" will accomplish the following. Phase 1: 1. Give brief consideration to different deck layouts and configurations and recommend one deck layout and configuration to the City for review and approval. Preliminary floor plans of the recommended deck layout and configuration will be provided. Building elevations and sections will not be provided ' 2. Attend meetings with the City as required. Phase 2: 1. Provide schematic architectural floor plans, elevations, and building sections for review and approval. ' 2. Attend meetings with the City as required. Phase 3: 1 1. 1 1 2. 3. 1 4. 1 1 2 Provide construction plans to approximately 30% completion except for mechanical items. Preliminary mechanical items will be addressed in a narrative included with the 30% construction plans. Plans will be of sufficient detail for submittal to the City for large-scale plan review. Provide submittals and coordination with the City during the large scale development review process. Garver will lead this effort. Provide opinion of probable construction cost. Coordinate with utility owners for possible relocations. Garver will submit copies of the proposed improvements to the utility owners. If any utility conflicts are encountered, design of any utility relocation will be accomplished by the utility owner or, if directed by the City, will be designed as additional work under "Special" Services. • • 1 Final Design Final Design Documents will include the following: 1. Parking deck with three levels including the ground level. Documents will include structural, architectural, electrical, and mechanical components. Design of revenue control, security, surveillance, and communication systems are not a part of this agreement, unless directed by the Owner as Special Services. 2. Perimeter walkways. 111 3. Driveways for access to and from street. 4. Drainage design. No formal drainage report will be required. 5. Interior and exterior signage. The "ENGINEER" shall provide all field survey data from field work for designing the project, and this survey shall be tied to the "OWNER'S" GPS control network. The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating geotechnical data necessary for the design of this project. The "ENGINEER" shall provide surveying and mapping as required for the "OWNER'S" use in preparing Right-of-Way/Easement documents. The "ENGINEER" shall furnish plans to all known utility owner's affected by the project and, if necessary, shall conduct a coordination meeting among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. This coordination meeting will take place at the City Engineer's office. During the final "Design" phase of the project, the "ENGINEER" shall conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, opinion of probable cost, make final field inspection with "OWNER", make any needed plan changes as a result of the final field inspection, and all other work required to advertise and receive bids Unless the Owner prefers and provides a specific construction contract, the Engineer will famish an ' industry standard construction contract form for review by the City Attorney. Prior to the start of construction, the "ENGINEER" shall establish benchmark for elevation control ' and tie layout work to Fayetteville's GPS control system. SECTION V - COORDINATION WITH "OWNER" 1 The "ENGINEER" shall hold conferences throughout the design of the project with representatives of the " OWNER" to the end that the design, as refined, shall have full benefit of the "OWNER'S" ' knowledge and be consistent with the current policies and construction practices of the "OWNER". The "OWNER" reserves the right to accept or reject any or all plans, but this stipulation will not relieve the "ENGINEER" of responsibility for the design of the project. 1 3 1 1 • 1 SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK ' Review of the work as it progresses under this Agreement shall be made at the "OWNER'S" City Engineers office ' SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION The "ENGINEER" shall submit two (2) sets of preliminary plans to the "OWNER" SECTION VIII - FINAL SUBMISSION The final submission for the construction contract shall consist of the following: A. One (1) copy of all design calculations. B. Three sets of final plans, contract documents, and specifications. ' C. The onginals of all drawings, specifications, and contract documents. All design drawings on magnetic media shall be submitted on disks compatible with AutoCAD Release 14 software. ' D. The estimated cost of construction and a detailed estimate of time in calendar days required for completion of the contract. SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION CONTRACT ADMINISTRATION" PHASES 1 During the "Bidding" phase of the project, the "ENGINEER" shall dispense construction contract documents to prospective bidders (at the cost of reproduction and handling), support the contract ' documents by preparing addenda as appropriate, participate in a pre-bid meeting if necessary, attend the bid opening, prepare bid tabulation, evaluate bids, recommend award, prepare construction contracts, and issue a Notice to Proceed letter to the Contractor. ' During the "Construction Contract Administration" phase of work, the "ENGINEER" shall ' accomplish the following: 1. Review the Contractor's progress payment requests based on the actual quantities of contract items completed and accepted, and shall make a recommendation to the "OWNER" regarding payment. 2. Attend progress/coordination meetings with the City/Contractor. 3. Attend preconstruction meeting. 4. Prepare for and attend utilities coordination meeting. 5. Evaluate and respond to construction material submittals and shop drawings. ' 6. Prepare record drawings. 7. Provide periodic site visits at intervals appropriate to the stage of construction or as otherwise agreed to in writing by the Engineer and the Owner for the 270 -calendar -day construction 4 1 • • contract performance time. The construction contract documents will require the prime construction contractor to hire a consultant to provide quality control and assurance testing and ' construction observation of the work during construction. As such the Engineer is not responsible for the construction observation duties required to be performed by the construction contractor's consultant. ' SECTION X - SUBCONTRACTING ' Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER" The Engineer has made agreements with Foster/Witsell, Evans & Rasco ' for architectural services and with Grubbs, Hoskyn, Barton, & Wyatt for geotechnical investigation. Copies of these subconsultant contracts are attached. Execution of this agreement is evidence of the approval of these two subconsultant contracts. 1 SECTION XI - TIME OF BEGINNING AND COMPLETION ' The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete each phase in accordance with the schedule shown in Section XII. SECTION XII - FEES AND PAYMENTS A. "Basic" Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" an amount equal to 6.5 percent of the construction cost. The breakdown for ' each phase is estimated as follows: ' Preliminary Design 1.87% Final Design 2.82% Bidding Services 0.26% Construction Support Services 1.55% 6.50% ' The construction cost is defined as the final cost of the work performed by the Contractor and paid by the Owner, or $3 million, whichever is greater. In addition the Engineer shall be compensated for work designed and specified but not incorporated into the construction or final work. For work ' for which a bid has been received, the Owner shall use the lowest qualified bid received for that work for adjusting compensation to the Engineer. For work for which no qualified bid was received, ' the Owner shall use the Engineer's construction cost estimate for that work for adjusting compensation to the Engineer In either case the compensation adjustment increase shall be based on the sum of the percentage fees above for the Preliminary and Final Design Phases, and Bidding 1 Phases for work bid. No deduction shall be made from the Engineer's compensation for any liquidated damages or other amounts withheld from payments to the Contractor. ' The basis of this estimated fee is contained in Appendix "A" attached hereto. Subject to the City 5 t 1 • • 1 1 1 Council's approval, adjustment of the fee 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. The "ENGINEER" may alter the distnbution of compensation between individual phases of the work noted herein but shall not exceed the total percent fee unless approved in writing by the "OWNER". ' Invoices shall be submitted to the City for payment on a monthly basis in proportion to the amount of work accomplished as estimated by the Engineer. Since the final construction amount, and any appropriate adjustments as discussed above, will be unknown during the Engineer's performance of this contract, invoice amounts will be based on a percentage of the Engineer's estimated construction cost. Once the final construction contract amount is determined, engineering fees will be adjusted to the percentage in this contract. The City will make every effort to pay such invoices within 30 days of the date the invoice is approved. However, payment within 30 days is not guaranteed, and the City will not be held liable for interest or late fees due to delayed or late payment. B. "Geotechnical Investigation" Services: For geotechnical investigative services associated with design, the "OWNER" shall pay the ' "ENGINEER" the Lump sum amount of $7,000. C. "Special" Services: 1 1 Surveying The "ENGINEER" will accomplish topographical and boundary surveys to support design of the parking deck. Surveys provided by the City will be used as a reference. Since site conditions will have a direct effect on preliminary deck layout and design, topographic and utility surveys will be performed before start of the Preliminary Design phase. For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" a lump sum amount of $10,000 for Surveying Services. 1 Architectural Model The "OWNER" has directed the "ENGINEER" to prepare an architectural model of the proposed parking deck for use by the City. This model will be submitted to the City at the time the Preliminary Plans are submitted. The model will be at a 1" = 20' scale and a maximum size of 36" x 36". Adjacent streets and buildings will be shown. The "OWNER" agrees to pay the "ENGINEER" a lump sum fee of $6,000 for this model. 1 Landscape Design The "ENGINEER" shall provide landscape design for the project during the final design phase and will incorporate this design into the construction contract documents. The "OWNER" agrees to pay the "ENGINEER" a lump sum fee of $6,500 for landscape design. 6 1 • • Maintenance of Traffic and Contractor's Staging Area Plan The "ENGINEER" shall provide a maintenance of traffic plan for the project during the final design phase and will incorporate this plan into the construction contract documents. This plan will give consideration to the construction sequence and the contractor's staging area. The "OWNER" agrees to pay the "ENGINEER" a lump sum fee of $3,500 for the maintenance of traffic and contractor's staging area plan. Revenue Control System Design If directed by the Owner, the Engineer shall prepare an engineering report of the features of the proposed revenue control system for review and approval by the Owner prior to final design The design effort shall include the geometry, layout, traffic control and monitoring devices, revenue fee computers, pre -fabricated toll booths, communications, conduit, and wiring for an on-site attended or un -attended system as chosen in the report. The "OWNER" agrees to pay the "ENGINEER" a lump sum fee of $10,000 for revenue control system design, if requested in writing by the Owner. Additional Work For additional "Special" services, not specifically covered by this agreement but requested by the Owner in writing, the "OWNER" shall pay the "ENGINEER" at the rates shown in Appendix B, plus reimbursable expenses. These rates will increase 6% annually with the first increase being effective September 1, 2001. "Special" Services may include, but are not limited to, the following at the written direction of the "OWNER": 1. Any design, detailing, or coordination required to temporarily or permanently relocate the existing NBC satellite dishes. 2. Any design, detailing, or coordination required to relocate or to accommodate utility operations for the existing transformers, switches, and associated underground utility lines. 3. Any design or detailing required to relocate other existing utilities for the project. 4. Any traffic services other than preparation of the Maintenance of Traffic Plan. 5. Any additional construction support services beyond those describe under Basic Services. Each phase of the Engineer's services shall be completed in accordance with the following schedule: Phase Description Topographical and Boundary Surveys Geotechnical Engineering Preliminary Design - Phase 1 Preliminary Design - Phase 2 Preliminary Design - Phase 3 Architectural Model Preparation Final Design Bidding Services Construction Support Services Calendar Days 20 days from NTP 45 days from NTP 30 days from NTP 25 days from Approval 30 days from Approval 30 days from Approval 60 days from Approval Estimated at 45 days Estimated at 270 days 7 of Preliminary Design of Preliminary Design of Preliminary Design of Preliminary Design - Phase 1 - Phase 2 - Phase2 - Phase 3 ' • 1 D. Reimbursable Expenses: 1 1 SECTION XIII - CHANGES The "OWNER" will pay the "ENGINEER" for reimbursable expenses during the project such as pnnting, reproduction, travel, materials, telecommunications costs, etc. Reimbursable expenses will be identified separately on the monthly invoice and will not exceed $6,000, unless approved in writing by the Owner. ' 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. t Changes, modifications or amendments in scope, price, or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, price, or fees. 1 1 1 1 SECTION XIV - OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specifications, field notes, and data are and remain the property of the "OWNER " However, the 1 Owner agrees that these documents shall be used only in conjunction with the construction and maintenance of the specific project at the specified location as prescribed in this agreement. The "ENGINEER" may retain reproduced copies of drawings and copies of other documents. SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT Any claim by the "ENGINEER" for adjustment under this clause must be asserted within 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. 1 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, 1 8 1 1 • • 1 or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. 1 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. 1 1 1 1 SECTION XVII - MISCELLANEOUS PROVISIONS 1 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 1 shall be final and conclusive. Disputes resulting from claims greater than $10,000 which cannot be solved by negotiation shall be subject to mediation, arbitration, or litigation as may be appropriate. ' 2. Responsibility for Claims and Liability - The "ENGINEER" shall 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. 1 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, 1 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 1 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. 1 9 1 • 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. OWNER TTEdZEI CITY OF F YE By: Mayor: ATTEST Cler ` tiGCCG� /A City Cler 10 ENGINEER GARNER ENG E� By: � 1 Title: Yl GC. Pize S f Dei T Authorized Representative ATTEST: • APPENDIX A CITY OF FAYETTEVILLE PARKING DECK PAGE 1 OF 6 FEE SUMMARY Basic Services Preliminary Design Final Design Bidding Services Construction Support Services • $56,146 $84,530 $7,890 $46,442 1.87% of $3 million 2.82% of $3 million 0.26% of $3 million 1.55% of $3 million Basic Services Total Special Services Surveys Geotechnical Services Landscape Design Maintenance of Traffic/Staging Area Plan Architectural Model Revenue Control System Design Expenses $195,008 6.50% of $3 million $10,000 $7,000 $6,500 $3,500 $6,000 $10,000 $6,000 $49,000 Total Estimated Fee $244,008 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX A J w w U >-w @ Q O LL LL 0 0 0 o Z tuw U a a 0 11 .p 0 00 0 aa0V. $ e o 0 sI s p w 00 0 1a 00 0 R p 're n e yr $ q z 00 0 5 S p 0 0 0 0 (13g a z 0 a 0 00 0 00 0 p II 0 0 0 8i 8 0 0 0 gg p 0 0 0 .1 p 00 0 Fi z - 0 pp g N p 0 a 0 WORM TASK DESCRIPTION 11. CNII Enpinnrin0 t 1t CI 0 Iso[ u 0 8. 8 a. x 0 8 8 s 8 0 S 8 8 8 0 s 8 B O 8 NSULTANTS 8.08 8. 4. 4, 8 » 8 L S/. - . . WI . . . . LI $2 . . . . I 9 . . . - gp2 0 0 0 . ylS2 .n.... x 5777770 i 0 nnnnn. a�L . . . 0 . . 0 . I 2 . . 42 . . . . III 9 .... . RL .._ __n .n x 0 .nnnnnnne. . i{(.J2 i 8 2 0 0 . . jp rvrv. ery u 9922._ nnn . e ii = . . . . ry . g g g 1 nw,a.y Pin -C'..L.e ww.drnegybs 6 igika U EJ#IiJ 3 1 i 1 g j. a �IliiiiII SIliii iii � ±=!a _aa � au a j1 {� 4 0 i a . 1 S ! I m. 'KiSiiiiD oe; a 16 6'!E --it 555 1_a:«,a . conga -mom coo __ 1 APPENDIX 1 CITY OF FAYETTEVILLE PARKING DECK PAGE 4 OF FINAL DESIGN vauTAM( amaiou exon. m . Dona Dam . «.ra cans . wan Con . inn inn Irth I Paterson on o.0 . •..n C... w CAM •� . Corn .... M . Sot. Hind u•w. II2 u Ss0on•on r Frame In . nen* . c... . Cant�on 2•021•1 nn le W w c.,�i . Henn n re x. nol lin Gran. and Hine ..^ .a. w., -o..• •one - AV1•M4 .a.•u..-a.3•.. Hine Haas *rwo-r13 r..us Nine • •r..on.m.c.+.i D...'. na. 00224. Hann Cm.a. 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Car: n.00000 Id 03 SO 00 1000 mm00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX A J w WO 40y. LL 0 0 LL 2 m 0 al uaaa BIDDING SERVICES i !o$E 0 0 0 0 1,8iap 0 0 0 0 s § z 0 0 0 0 asi : E 0 1 u 0 0 6 z 0 0 0 0 6 0 . . . .. - 0 0 gi E 0 .. . n 2 n I g a z 0 0 0 0 . 0 0 0 e$ QQQQ 0 0 0 0 ipyy- 0 0 0 0 ii a 1 0 I I 0 I 0 1_0_1 g S da 0 . 0 0 E » E 0 0 0 10 G n n n . 12 0 n .. 3 0 Sic . p 0 0 0 0 F. p - n n n .-«- .. _ - 0 _ 0 0 0 0 WORK TASK DESCRIPTION 11. CMI En0lnppn0 Dispense plans and specs to graspedlw bidden '�Egp P 3 gg m a m 6E* fills eeEee n 11 l a n e I Subtotal -CMI Engineering . g EE i $. m ISubtotal Structural En0lneeln0 13. Mechanical Engineering 8 3 Subtotal . Mechanical En0innIn0 s Eg Y a s n' 08 CI 88668 1 8 aer 8 t. 0 8 0 8 0 8 . 8 0 8 30.00 $1.320.00 0 g a TOTAL COST: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX A CONSTRUCTION SUPPORT SERVICES • sAs 0 a 0 a a ft la a SSA a 0 0 a ( 0 0 a a a � R e a 0 a 0 IA ap 0 a 0 a 8 2 0 0 0 1 v TO 0 0 0 0 H S 8 0 a a 0 � 0 0 0 §o 0 0 0 3 0 0 1_0_1 0 1 a F „ „ a ax 0 0 gl» a 0 I 8 a. • 0 I F C. 0 0 8 _ . 5 I „ la 0 0 1 0 0 8 2 8 o eg» 0 0 a _ 2 .. WORK TASK DESCRIPTION 11. CMI Engineering gy @ 8 o� P1 R AgOyoPenuoD gam YhnPayl55aBatl 4y� S 8$ u E 1 Subtotal • CMI Engineering g $ 8 8 E y 2 m Contractors Request M Iifomulbn 0 t $6Eo10 �$ I E dw a i W S m m ' Contractors Request for Information E s Subtotal - MechanlulfnglnnIng _ IL Electrical Engineering S m g m € g kR $ 8 ER rc t m' a ci R 8 511.712.00 50.00 8 8 x g8g 3. 8 s a 8 s 8 V SUBCONSULTANTS 88 8 re 8 8888Igg.8. t a TOTAL. COST: 1 • • 1 Appendix B Fayetteville Multi -Level Parking Deck Garver Engineers 1 Hourly Rate Schedule 1 1 1 1 1 1 1 1 1 1 1 1 October, 2000 1 1 1 1 Classification Regular Senior Project Manager Project Manager Senior Project Engineer Project Engineer Senior Design Engineer Senior Construction Engineer Construction Engineer Design Engineer/Designer Environmental Scientist Geologist Senior CADD Technician CADD Technician Senior Construction Observer Construction Observer Project Surveyor Survey Coordinator Survey Crew Clerical GPS Equipment (per hour) $120.00 $92.00 $87.00 $78.00 $69.00 $64.00 $60.00 $60.00 $69.00 $66.00 $64.00 $48.00 $64.00 $60.00 $68.00 $52.00 $120.00 $36.00 $45.00 1 • • Garver, Inc. Engineers 3810 Front Street. Suite 10 Fayetteville. AR 72703 501-527-9100 FAX 501-527-9101 ..:nv garvennc com 1 November 28, 2000 James R. Foster, FAIA Foster/Witsell, Evans & Rasco 21 West Mountain, Suite 122 1 Fayetteville, AR 72701 RE: Architectural Services Proposal 1 Fayetteville Municipal Parking Deck (00-6500) Dear Jim: 1 1 1 Sincerely, GARVER ENGINEERS We accept your proposed subcontract dated November 22, 2000 regarding architectural services for the City of Fayetteville's proposed parking deck. We cannot issue a NTP to you until we receive a NTP from the City. We look forward to working with you on this project and hopefully on other projects. If you have any questions, please call me. 1 Hanb- 1 Brock E. Hoskins, P.E. Garver Engineers Vice President/Project Manager 1 1 1 1 1 Brentwood. TN • Fayetteville. AR • Huntsville. AL • Madison, MS • Little Rock. AR • Tulsa, OK ' 0 1 9 9 if D I T 1 O N FT T AIA DOCUMENT 8151-1997 Abbreviated Standard Form of Agreement Between Owner and Architect This document has impor- tant legal consequences. IACRE EM EN T made as of the -tiWtCi SeCom) day of Nov M�ER Consultation with an in the year TARO - AcU16AµD (In words, indicate day, month and year) attorney is encouraged with respect to its completion or modification. BETWEEN the Architect's client identified as thef►rtor: htbliA6 r\ (Name, address and other information) ' GARVER, INC. 38'o ftc*tc 5T T, eutTE to TTrs/tus, AR 127c' TNVe OwNM is tltE NEEgG CLiEtxT WHCCR is T ' CvT`( OF Fk( TCf;YILLB, ARt44NMF). and the Architect: (Name, address and other information) fMTER - WkTSELL EVANS RA5co PO. �X too2 e 21 W. MouRTAIN, SUr r 122 FAYETTi V t LLE, AR -12702 11 02 For the following Project: ' (Include detailed description of Project) PA(Z W& P c z Q HsISClt aF oMSFOUND L >1 t AND -P40 aEVkTD ►VELS ail tom V4ES[N• MLF ov ¶t CtT1 tcCz 0ADED e1 C2WT 5TH CLacK A\JP1 VbUt4TAIN 5T Q CKurCH Azle- If4 -.-- �W9 A(6Z'ClLLE, Ag. O199) AIA® AIA DOCUMENT B151-1997 ' ABBREVIATED OWNERS ARCHITECT AGREEMENT The American Institute ' — The Owner and\rchitecl agree as folloss tiof Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Copyright 1974, 1978, 1987, ®1997 by The American Institute of Architects Reproduction of the material herein or sub - slanlitil qutnahoo of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall he as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the 9wster's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the-Qrmer shall not, except for reasonable cause, be exceeded by the Architect oriO rnzr. \ t=NF�)NFER 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. .. 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, R. AIC(-lt► =?N AL. ;LEMert�. 2.2 SCHEMATIC DESIGN PHASE I _] I I H H H 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. A -v -[hE M&IM (a 2.2.2 The Architect shallAprovide-e preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with theA6+vrm alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect^shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. �A6lN� 2.2.5 The Architect shall submit to the .9ter a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating technique TMA"f c gT o 'Me FR[JscT SR V\MICl A M lfktTm c is cctrlsf 2.3 .DESIGN DEVELOPMENT PHASE �. 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by moo' O the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other doc- uments to fix and describe the size and character of the Project as to architectural,.aisueiur.•t!s- maahsr»zalleet materials and such other elements as may be appropriate. eNelA 2.3.2 The Architect shall advise the"":r any adjustments to the preliminary estimate of Construction Cost. vv O1997 ALA® AIA DOCUMENT 8151.1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I I I L 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the I'roject or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. FoR TAAT ?ART OF ¶119 PROJeC..T fol, WHIC.4 T E Ak-KrrfCT R?S�N9tSLE JtACLuOIIt e 5P5c 0IV 486•41✓Xcwo &e e64� 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions fbp, AQCI.W1RITte{trL EMsls-r,• 2.4.4 The Architect shall assist thewwt in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. ' 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the O. CF in obtaining bids or•-negertiand- I I I I I !I L LI I I 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.6 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2: . e Architect shall provide administration of the G. ntract for Construe ' h below and in t e AIA Document A2ol, General Co ' ' s of the Contract for Construction, current as of the date o , unless otherwise provided in this Agreement. Modifications ma e eneral Conditions, adopted as part of the Contract Documents, n orceable under this Agreement only to the exten • re consistent or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the 1`11" and Architect Id. epeIN 2.6.4 The Architect sUH br a ILJ rJ;e+rt r A '-all advise and consult with the 9wweq� during the administration of the Contract for Construction. Ihe&h 4 -t clll I- 2.6.5 The Architect, " -._.. r I- shall visit the site at i e als appropriate to the stage of the Contractors operations, or as otherwise agreed by the and the Architect in Article 12, (1) to become generally familiar with and to keep the _ informed about the progress and quality ofthe portion ofthe \\'ork completed, (2) to endeavor to guard the Owner against defects and deficiencies in the \Fork, and (3) to determine in general if the Work is being performed in a manner indicating that tht Work, when fully completed, will he in accordance with the Contract Documents. However, the \ rchitect shall not he required to make exhaustive or AecAritc(UeAL PAQT °F'1k6 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor he responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with ' the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. �N6tN� ' 2.6.6 The Architect shall report to the fl A r known deviations from the Contract Documents -I r,- t, nie1 rgQfl €8113L. Uen h a I ci I}m,111 1, I However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts orr omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. ' 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. specially aut o ' e Owner shall endeavor to communicate r through the ' Architect about matters a ' in to the Contract Documents. Communications by. e ' 2.6.. e Architect shall review and certify the amounts due the Contractor and shall issur certificates t ch amounts. 7 ' 2.6.9.2 The Architect's reification for payment shall constitute a representation the Owner, based on the Architect's eva ation of the Work as provided in Subparagraph .5 and on the data .comprising the Contractor's A ication for Payment, that the Work h rogressed to the point ' indicated and that, to the best of th chitect's knowledge, infor on and belief, the quality of the Work is in accordance with the act Dowments. e, foregoing representations are subject (I) to an evaluation of the Work for forma with the Contract Documents upon ' Substantial Completion, (2) to results of subsequ tests and inspections, (3) to correction of minor deviations from the Contract Doc ents pn to completion, and (4) to specific qualifications expressed by the Architec ' 2.6.9.3 The issuance of a Certi ate for Payment shall hot be a repre tation that the Architect has (i) made exhaustive ontinuous on -site inspections to check the q ity or quantity of the Work, (2) reviewed onstruction means, methods, techniques, sequences procedures, (3) ' reviewed cop,s.6T requisitions received from Subcontractors and material sup14�s and other data re9pqr1 by the Owner to substantiate the Contractor's right to payment, or (4Ys�tained U U I I ho r for what purpoce the Contractor has used money previously paid on account the t Sum. 2.6.10 The Architect shall have authority to reject Work that does nolconform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall haue authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neithcthis authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor. Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions ofthe \-Work. O1997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. FOR AtNaTIE.M0L WZt5°F _%15WOR>r 2.6.11 The Architects ll review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept ' expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to ' permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and cojnpleteness of other. details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which ' remain the responsibility .of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety, precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. TheArchitect's approval of a specific item shall' not indicate approval of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and•design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the ' design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. an ons ruction. - porting documentation to if deemed necessa _ itec s provided in ' Subparagraphs 3.1.1 and 3.3.3, for the va and execution in accordance with the Contract Documents, an orize minor changes c not involving an adjustment in the C um or an extension of the Contract Time which are consisten a nfent of ' e Contract Documents. PpRttc tppf�l _ 2.6.14 The ,Architect shallAEenduct inspections to determine the date or dates of Substantial ' Completion and the date of final completion, review and records, written warranties ad rp.1i4ed deeuientrfjired by the Contract Documents and asse issue a final Certificate for Payment bas na inspection indicating the Work complies with t e re tect shall interpret and decide matters concerning performan ' and Contractor uridei; an re ments on written request of either the Owner or Contr c Itect's response to such requests s with- ' MM - .;t cohlMel[lol� 2.6.16 Interpretations and,accipi.ITO of the Architect shall be consistent with the intent of and e reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- , oo. .00 ings. When making such interpretations and r, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, 0 1 9 9 7 A I A ® and shall not be liable for results of interpretations or4eemmmso rendered in ood faith. AIA DOCUMENT 8151-1997 ABBREVIATED OWNER- .. ARCHITECT AGREEM•ENT t r betweenfdecisions- r and Contractor as provided in act Documents. However, the The American Institute Architecton n ii s etic effect shall be final if consistent with the of Architects _ ❑ e Contract Dot 1735 New York Avenue, N.W. • Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ' rchilect's decisions on claims, disputes or other matters in ue een the Owner and Contractor, excep to ae c as provided in Subparagraph ' 2.6.17, shall be sub'ect ar itration as provided in this Agree d ire tke ocuments. ' ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL -bW�� 3.1.1 The services described in this Article 3 are not included in Basic Services unless so ' identified in Article 12, and they shall be paid for by thereer as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and Z 3.4 shall only be provided if authorized or confirmed in writing by the sevices escrl e ' under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond �N6lN the Architect's control, the Architect•shall notify the O..14r prior to commencing such services. lithe deems that such services described under Paragraph 3.3 are not required, the ®+;Aer I shall give prompt written notice to the Architect. If thencticates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 f more extensive representation at the site than is described in Subparagraph 2.6. required, t chitect shall provide one or more Project Representatives to assist in c ing out ' such additional on- ' responsibilities. 3.2.2 Project Representatives s e selected, employed and cted by the Architect, and the I. Architect shall be compensated there o agreed e Owner and Architect. The duties, responsibilities and limitations of authority o t epresentatives shall be as described in the edition of AIA Document B352 curre of the date o reement, unless otherwise agreed. ' 3.2.3 Through the cc at the site of such Project Represen s, the Architect shall endeavor to pro ' rther protection for the Owner against defects and deficie ' 'n the Work, but the ishing of such project representation shall not modify the rights, responsibI r 'gations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: ' .1 inconsistent with approvals or instructions previously given -by the.Owner nc uding revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the ' preparation of such documents; or dgt. �ttKv,ep .3 due to changes required as a' result of the Owner sbfailure to render decisions in a timely manner. ' 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or llj� negotiating and contracting for construction, except for services required under Subparagraph e e ' 5.2.5. _ o. o 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, 01997 AI AO ' evaluating Contractor's proposals, and providing other services..in connection with Change AIA DOCUMENT 8151-1997 Orders and Construction Change Directives. ABBREVIATED OWNER - ARCHITECT AGREEMENT 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor ' . . The American Institute and making subsequent revisions to Drawings, Specifications and other documentation resulting of Architects therefrom. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing sertrices required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the ' Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or I. a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES ' 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. ' 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. ' 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or othersliaving jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the I. Owner. 6K VH(AKB w 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces anal, coordination of services required in connection with construction ' performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 0 0 3.4.1O Providing detailed estimates of Construction Cost. ' 0aYC acs 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 01997 AIA® AIA DOCUMENT 8151-1997 3.4.12 Providing analyses of owning and operating costs. ' ABBREVIATED OWNER - ARCHITECT AGREEMENT 3.4.13 Providing interior design and other similar services required for or in connection with the The American Institute selection, procurement or installation of furniture, furnishings and related equipment. 'of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. IL 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. fliaJc dutitig C0flStruLtiull 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting ' and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. ' 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work. ' 3.4.19 Providing services of consultants for other than architectural, .ctnu t i1ah&s.,Alaisd ' eke-IG2I agiwet ring portions of the4'roject provided as a part of Basic Services. t.)csP'T AS W6Kn7nol lr1 ML'(CXFU 12. ' 3.4.20. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ' ARTICLE 4 OWN€R:6 RESPONSIBILITIES IE **WEE; 4.1 The Gwa shal provide full information in a timely manner regarding requirements for ' and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Th s ai furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights, I L HE n I I I E:NC�INeER- �ICYi 4.3 The.01. w4 5hall dell pate a representative authorized to act on the O,. n . s behalf with respect to the Project. The-9wrrcr or such designated representative shall render decisions in a timely -manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The IIwaeE shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. PI 01997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT , The American Institute mica engineers of Architects rquetS Lv thc Arehitect. Suth yiLcs iiip judude bu are not limitedto test bunn3, L0t pUs, 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. • • ' ons of soil bearing values, percolation tests, evaluations of hazard ground corrosion tests an ests a Ions or anticipating subsoil ' co r s and appropriate recomme s.- The Owner shall furnish the services of consultants other tha Paragra when suc e Architect and are reasonably required by the te o the Prot O++•ner shall furnish structural, mechanical, and chemical tests; tests e ' pollution• tests for hazar al a environmental tests inspections requires oy law or the Contract iJoi<RTrreNLs_ ' - ner shall furnish all legal, accounting and insurance services that maybe n at any time for the Project o ' needs and interests. ices shall include auditing services the Owner may re uir o lications for Payment or to ascertain ho s the Contractor has used the money pat aMItCl9wner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through i.8shall ' be furnished at the Owner's expense, and the Architect shall be entitled to. rely upon the accuracy and completeness thereof. ' 4.10 The shalrprovide prompt written notice to the Architect if the.Cwaer becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service., ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. °R 6 flG l{�Z, 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the ArchitectPncluding the costs of management or supervision of construction ' or installation provided by a separate construction manager or contractor,'plus a reasonable allowance'for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. '• PNGIAVA oQ TI Vo 5.1.3 Construction Cost does not include the compensation of theeyy�Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or ot}ier costs that are the respon- ' sibility of the Owner as provided in Article 4. - Iljl 5.2 RESPONSIBILITY FOR CONSTRUCTION COST ' o, 0 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost o and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is O 19 9 ] A 1 A ® AIA DOCUMENT 8151-1997 recognized, however, that neither the rchitect nor the Owner has control over the cost of labor, ' ABBREVIATED OWNER- materials or equipment, over the Contractor's methods of determining bid prices, or over ARCHITECT AGREEMENT competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project The American Institute budget or'from any estimate of Construction Cost or evaluation prepared or agreed to by the of Architects g 1735 New York Avenue, N.W. Architect. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I • 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement lie anus ing, proposal or estabiisflmeni, ' agr d upon in writing and signed by the parties hereto. If such a fixed limit has been establis the Arc sect shall be permitted to include contingencies for design, bidding and price esca Ion, to determi what materials, equipment, component systtms and types of constructio re to be included in th Contract Documents, to make reasonable adjustments in the scope the Project and to include i he Contract Documents alternate bids as may be neces to adjust the • Construction Cost to e rued limit. Fixed limits, if any, shall be increaseAfi the amount of an increase in the Contract occurring after execution of the Contract r Construction. ' 5.2.3 If the Bidding or Negotiate Phase has not commenced ' in 90 days after the Architect submits the Construction Docume to the Owner, -any, roject budget or fixed limit of Construction Cost shall be adjusted to flect changes ' the general level of prices in the construction industry. I. 5.2.4 If a fixed limit of Construction Cost ( ju d as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negoted propo I, the Owner shall: .1 give written approval of an incr e in such fixed ' it; .2 authorize rebidding or reneg ating of the Project wi in a reasonable time; ' .3 .terminate in accordance ' Paragraph 8.5; or .4 cooperate in revisin he Project scope and quality as equired to reduce the Construction Cost 5.2.5 If the Owner noses to proceed under Clause 5.2.4.4, the Architect; w out additional compensation, s modify the documents for which the Architect is response e under this ' Agreement a ecessary to comply with the fixed limit, if established as a condit n of this Agreeme . The modification of such documents without cost to the Owner shall be the met of the itect's responsibility under this Subparagraph 5.2.5. The Architect shall be entit to ' co ensation in accordance with this Agreement for all services performed whether or not t ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. ' 5N61N6 AN) 6.2 Upon execution of this Agreement, the Architect grants to theAOwner a nonexclusive Al license to reproduce the Architect's Instruments of Se=Project for purposes of constructing, $�bG1E ' 0 using and maintaining the Project, provided that theshall comply with all obligations, a2 including prompt payment of all sums when due, ureement. The Architect shall obtain similar nonexclusive licenses from the Arcultants consistent with this llIJ ' $ Agreement. Any termination of this Agreement prior to of the Project shall terminate o 0 this license. Upon such termination, the ot.,er shallrmaking turther repro ucteons of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in t e Owner's possession or control. If and upon the date the C rs 97 A l I. is adjudged in default o this Agreement, the foregoing license shall be deemed AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - terminated and replaced by a second, nonexclusive license permitting the�wner to authorize ARCHITECT AGREEMENT other similarly credenlialed design professionals to reproduce and, where ermined by law, to ' make changes, corrections or additions to the Instruments of Service sot y for purposes of The American Institute of Architects completing, using and maintaining the Project. ae p35 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.5. copyright laws and will subject . s the violator to legal prosecution 6.3 Except for the licenses granted in Pat raz, no other license or right shall he deemed granted or implied under this Agreement. "1'hc shall not assign, delegate, sublicense, pledge ' or otherwise transfer any license granted herei to another party without the prior written agreement of the Architect. However, the shall he permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to he construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the ' Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ' to the Architect providing to the Owner any Instruments of Servic it form or the Owner n to the Architect any electron' incorporation into the Instruments of Service, the Owner ecI s Fall by separate written agreement set forth ' the specific condi & erring the format o truments of Service or electronic data, �.iechidtii any special limitations or licenses not otherwise prove e in Tit. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of.or related to this Agreement ' shall be subject to mediation as a condition precedent to arbitration .,r the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to ' comply with the lien notice or filing deadlines prior to resolution of the matter by mediation er- ' 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party Ito this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending ' mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. I7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Ilj) Agreements reached in mediation shall be enforceable as settlement agreements in any court ' o. o having jurisdiction thereof. o. b I� RA1-fQN' C 19 97 A IA® 7.2.1 Any c ai ute or other matter in question arising out of or related to this Agreement ' AIA DOCUMENT 8151-1997 shall be subject to arbitration. . arbitration, the parties shall endeavor to resolve disputes by ABBREVIATED OWNER - mediation in accordance with Paragraph 7.1. ARCHITECT AGREEMENT • The American institute 7.2.2 Claims, disputes and other matters in question between the parties that resolved by of Architects 1735 New York Avenue, N.W. mediation shall he decided bF' arbiti'aliun which, unless the parties mutually agree otherwise.. Washington, D.C. 20006-5297' WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator ro legal prosecution L L I Assiation currently in effect. The demand for arbitration shall he filed in writing with tl other party to is Agreement and with the American Arbitration Association. 7.2.3 A deman x arbitration shall be made within a reasonable time aft fthe claim, dispute or other matter in ques on has arisen. In no event shall the demand for tration be made after the date when institution o egal or equitable proceedings based on ch claim, dispute or other matter in question would he ha d by the applicable statute of Titations. ' 7.2 .4 No arbitration arising out of or r ting to this cement shall include, by consolidation or joinder or in any other manner, an additi I pe on or entity not a party to this Agreement, except by written consent containing a specifi erence to this Agreement and signed by the I Owner, Architect, and any other person entity s ht to be joined. Consent to arbitration involving an additional person or entshall not constit consent to arbitration of any claim, dispute or other matter in quest not described in the wri consent or with a person or ' entity not named or describe erein. The foregoing agreement to a ' rate and other agreements to arbitrate with an ad onal person or entity duly consented to by pa es to this Agreement shall be specifically orceable in accordance with applicable law in any court vmg jurisdiction thereof. 7.2.5 he award rendered by the arbitrator or arbitrators shall be final, and judgment ay be 7.3 CLAIMS FOR CO9SEQUENTIAL DAMAGES The Architect and OAncr waive consequential damages for claims, disputes or other matters in ' question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. 14 ARTICLE 8 TERMI TION OR SUSPENSION 8.1 If the ex.fails to make payments to the Architect in accordance with this Agreement, I. such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven ' days' written notice tot . In the event of a suspension of services, the Architect shall have no liability to the:: r for delay or damage caused the O.tv.yr.because.otsuch suspension services. Before resuming services, the Architect shall be paid all sums due prior to suspension and ' any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. ' 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time o e schedules shall be equitably adjusted. �o'cCA'_ 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 O 19 9 7 A I A ® AIA DOCUMENT 8151-1997 consecutive days, the Architect may terminate this Agreement by giving not less than seven days ABBREVIATED OWNER- ' written notice. ARCHITECT AGREEMENT ' 8.4 This Agreement may he terminated by either party upon not less than seven days' written The American Institute of Architects notice should the other party fail substantially to perform in accordance with the term$ of this 1735 New York Avenue, N.W. Agreement through no fault of the party initiating the termnation. Washington. D.C. 20006.5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 • • 2 This Agreement inn" too terminated b.. the !l.. c __not L33 U h -sWrittenT e... ' 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise ' compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ' ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document Azol, General Conditions of the Contract for Construction, current as of the date of ' this Agreement. . 9:3 Causes of action between the parties to this Agreement pertaining to acts or failures to act ' shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of ' limitations commence to run any later than the date when the Architect's services are substantially completed. I. 9.4 To the extent damages are covered by property insurance during.construction, the X .1€r — and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of I. such insurance as set forth in the edition of AIA Document A2o1, General Conditions of the Contract for Construction, current as of the date of this Agreement. The or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein.. 9.5 The Ow,4er and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, ' assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, I 11jIyxuvJiu finaprirgroject. In such event, th lenctxshJ1 asuiiie e Owner's rights and obligations under thi irrri�Architfihall e C O ' O. 00 9.6 This Agreement represents the entire and integrated agreement between the Qwp+er and ® 19 9 7 A I A® the Architect and supersedes all prior negotiations, representations or agreements, either written AIA DOCUMENT 8151-1997 or oral. This Agreement may be amended only by written instrument signed by both0"Mr and ' ABBREVIATED OWNER - ARCHITECT AGREEMENT Architect. The American Institute 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of Architects 1735 New York Avenue. N.W. of action in favor of a third party against either the$NA`1w'�erorArchitect. Washington, D.C. 20006-5292 mss" -is" WARNING: Unlicensed photocopying violates V.S. copyright laws and will subject the violator to legal prosecution. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or I. exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to.include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect ' shall be given reasonable access to the completed Project to make such representations. However, £S the Architect's materials shall not include the (jwrrt confidential or proprietary information if the has previously advised the Architect in writing of the specific ' information considered by the Owner to be confidential or proprietary. The s a provide professional credit for the Architect in the sror otional materials for the Project. A$D'11MG ARc1$P cc t*lil USVJ% f3R EtSR,. 9.10 If theCrnr ests the Architect to execute certificates, the proposed language of such t certificates shall be submitted to the Architect fo1'review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1 ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 'Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. \ 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; ' .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the-Awrierr Aawsm% ' .s renderings,:aedekand mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of ' that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project -related expenditures. ' 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES III 10.3.1 An initial payment as set forth in Paragraph ii.i is the minimum payment under this • ' Agreement. o. o D 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, C 1997 Al A® shall be in proportion to services performed within each phase of service, on the basis set forth in AIA DOCUMENT 8151-1997 Subparagraph 11.2.2. ABBREVIATED OWNER - ARCHITECT AGREEMENT 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this The American Institute ' Agreement is exceeded or extended through no fault of the Architect, compensation for any of Architects services rendered during the additional period of time shall be computed in the manner set forth 1735 New York Avenue, N.W. in Subparagraph 11.3.2. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I • 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project arc deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (i) the lowest bona fide bid or negotiated proposal, or (z) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. I J J J J I I L 01997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of ZSQA Dollars (s 040 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) tPEN5trnoM SHALL SE iwo P8 E$T C2.o%) OF CoN5TRUC; ,,1 mt'C, PERMED IN PARA&KA?i1 5,1- og io C C2.0%) °F •"CH�C�D� MIU.toN VDLLAR5, WHdCNE> . vs 6er=A K, The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 tWARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I. r • 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) I Schematic Design Phase: R percent (15%) Design Development Phase: -ems percent (2Q%) Construction Documents Phase: .cc llpercent (45%) ' Bidding or Negotiation Phase: �1V6 percent (%) Construction Phase: > percent (1z✓%) I. Total Basic Compensation: one hundred percent (t00%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compen- ' sation shall be computed as follows: RCT APakcA8�E 1 I 1 , 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: ' (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) , I II I L L L 01997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in ' Article 12 as part of Additional Services, a multiple of QNE? $t �4LJO ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 72, if required.) ' 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of cN5 (tp) times ' the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. ' 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within te ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compen- sated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable ►RVAV LAl ,Y U-ttiays-from-thtt- ' d ( -- )-dayrafter .iY 4i iii D at in -the a Bence thereofcthe Wlle1 ,.....:..tirn pr.n-eial plan s. ' (Insert rate of interest agreed upon.) (AGtt.S ? lQrc AFf wr o WfklaRT Kom OWNS. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit ' laws and other regulations at the Owners and Architects principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. I Li L C ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 200065297 ' WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) ' a, l LA1 Vtclk A H�T�CTURE 5 tz�llc�s ePALL a� 1 1VroV fi tK A w_ MP SUM of FPE -1 LsbtJD 5tX ' 4WRC�V WLLAR5 C, 5, )e t2.2 CAP pD SALE Nbta Wrn4 k eASs SIZE or ' QjO )c fo ft -C4 OF PPoXzT AND S0gvcuN01NG& St4ALL lac PRO'ItD fER A kUMP 5UM OF FNS TI�[�USArND Lb LLAfz5 C4 5, Cry ). 1 12.? PgroPARtNfo 26Prtac ? ua P RD P9AWW& SHOWING St6 1lncANT AKPq(1 AL CNAN&sh MD ON tNfbRMA11gJ PROKI IRD D'(CO YVE'CZ iZ as A SAStc I C I I ' This Agreement entered into as of the day and year first written above. '$t ELF{^nature) I T E C T (Signature) I f - z$--o`O�7INi, �IAM�S g.T of t 'tz o&K Ho 5Kt N S MAfau4e Mt:M& - (Printed name and title) (Printed name and title) O 1 9 9 7 AIA® V tGE P2 r1>fNT AIA DOCUMENTB151-1997 NER- GARVE2 &tA e7 ABBREVIATED AOGREEMENT AGREEMENT ' UUTI0N: You should sign an original AIA document or a licensed reproduction. Originals contain theAlA logo The American Institute of Architects printed in red; licensed reproductions arc those produced in accordance with the Instructions to this document. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. I I [1 Garver, Inc. E. gmeers 3210 Front Street. Suite 10 Fayetteville, AR 72703 501-527-9100 FAX 501-527-9101 %-. garverinc corn Ron Pennington, P.E. Grubbs, Hoskyn, Barton & Wyatt, Inc. P.O. Box 1248 Springdale, AR 72765 November 28, 2000 I RE: Geotechnical Proposal Fayetteville Municipal Parking Deck (00-6500) L k GARVERIENGINEERS Dear Mr. Pennington: We accept your proposal dated October 23, 2000 regarding geotechnical exploration for the City of Fayetteville's proposed parking deck with the following exceptions to your Standard Fees and General Conditions, Schedule 40.01: 1. GHBW will be responsible for damage to structures, pipelines, and utilities, contrary to Paragraph 3.1d of Schedule 40.01. Garver will provide GHBW a site survey showing the found utilities. 2. We do not want your liability to be limited to $50,000 and therefore agree to pay an additional 4% of your total fee or $500, whichever is greater, in accordance with Paragraph 3.3 of Schedule 40.01. We cannot issue a NTP to you until we receive a NTP from the City. If you have any questions, please call me. Sincerely, Garver Engineers Brock Hoskins, P.E. Vice President/Project Manager IBrentwood. TN • Fayetteville. AR • Huntsville, AL • Madison. MS • Little Rock, AR • Tulsa. OK e Grubbs, Hoskf P.O. Box 1248 Barton &Wyatt, I NC. 341West Springdale, CountyyALineArkansasRoad 72764 a 72765 CONSULTING ENGINEERS (501) 756--5999 FAX (501) 756-1749 October 23, 2000 Proposal No. SP00-086 (Revised) Mr. Brock Hoskins Garver Engineering 3810 Front Street Fayetteville, Arkansas 72701 SUBJECT: PROPOSAL FOR GEOTECHNICAL EXPLORATION (Revised) PARKING GARAGE Fayetteville, Arkansas ' Mr. Hoskins: In compliance with your request, we submit this proposal to perform a geotechnical exploration for the proposed parking garage which is to be constructed southeast of the intersection of Church Avenue and Center Street in Fayetteville, Arkansas. This proposal contains our understanding of the project, the proposed scope of work, an estimate of the cost of the study, and the schedule within which the work can be performed. ' PROJECT INFORMATION ' We understand the parking garage is planned for 4 parking levels of which 3 are elevated. It is understood the structure will have plan dimensions of II I approximately 150' x 210' and will be of either cast -in -place or pre -cast concrete construction. Maximum column loads are expected to be in a range of 550 to 600 Geotechnical and Materials Engineering / Construction Surveillance tGrubbs, Hoskyn, Bart& Wyatt, Inc. •October 23, 2000 ' Parking Garage Page 2 of 5 Proposal No. SP00-086 I I I I I H I I I I II I I I Li kips. A retaining wall is expected to be required on the east wall line and parts of the north and south wall lines. GEOTECHNICAL EXPLORATION The proposed exploration for the project requires site specific collection of subsurface data and characterization of the engineering properties of the soils. A professional engineer registered in the State of Arkansas who specializes in geotechnical engineering will direct and supervise the proposed study. We propose to drill 5 test borings within the footprint of the new structure. The boreholes in the building area are planned for maximum depths of 30 to 40 feet. The planned depths should be adequate to provide necessary design criteria unless some unusual conditions are encountered. Soil samples will be obtained with a combination of thin -walled Shelby tube samplers and driven split -spoon samplers. Harder rock formations will be cored with a double -tube core barrel with diamond bits. Samples will be obtained at intervals not exceeding 3 feet. All drilling and sampling will be performed in compliance with applicable ASTM standards. If unusual subsurface conditions are encountered, we will notify your office with a recommended course of action and for your consent while the drill crew is in the field. At completion of drilling, the recovered soil samples will be transported to our laboratory where they will be examined by a geotechnical engineer and visually classified according to the Unified Soil Classification System. The engineer will select samples for laboratory testing. Grubbs, Hoskyn, Bart& Wyatt, Inc. •October 23, 2000 Parking Garage Page 3 of 5 Proposal No. SP00-086 The numbers and types of laboratory tests required to adequately evaluate the soils cannot be precisely determined in advance. However, we expect the laboratory testing work will include Atterberg limits tests, soil and rock shear strength tests, soil unit weights, and moisture contents. The laboratory testing will provide the index properties and strength characteristics necessary to develop foundation design ' criteria. The written report will include the following: • A brief review of the test procedures and the results of all testing performed; ' • A review of the subsurface stratigraphy with pertinent physical properties available; • Geotechnical criteria for design of the recommended foundation systems and retaining walls; ' • Recommendations for construction of floor slabs, grade beams, and earthworks; and • Recommendations for pavement section thicknesses and pavement 1 subgrade preparation. ' The assessment of site environmental conditions and the presence of pollutants ' in the soil, rock, or ground water is beyond the proposed scope of this geotechnical exploration. I I Grubbs, Hoskyn, Bartot& Wyatt, Inc. •October 23, 2000 ' Parking Garage Page 4 of 5 Proposal No. SP00-086 LI I I Ll C I I I I I I I 11 I ESTIMATED FEES Charges for the outlined services are based on the enclosed Schedule of Fees. Your attention is directed to the General Conditions on Schedule 40.01 (Apr 2000). If liability coverage in excess of that shown in Item 3.3 is desired, please so indicate. The lump sum cost of the exploration is $5,150. This cost is based on approximately $3,750 for drilling and sampling, travel, mobilization and setup, $500 for laboratory testing, $800 for engineering analysis, and $100 for report preparation and reproduction. If unusual soil conditions are encountered that could materially alter the scope of the exploration, we will notify your office or representative before proceeding with any out of scope studies. SCHEDULE Based on our current project schedules and favorable weather, we can begin the project within 5 to 7 working days after we receive written authorization. We expect the project to take approximately 4 weeks to complete. We can normally provide preliminary verbal recommendations as soon as field and laboratory testing have been completed. AUTHORIZATION If this proposal is satisfactory to you, please sign one of the enclosed copies and return it to our office as authorization. ' Grubbs, Hoskyn, Barto•& Wyatt, Inc. •ctober 23, 2000 Parking Garage Page 5 of 5 Proposal No. SPOO-086 We appreciate your consideration of Grubbs, Hoskyn, Barton & Wyatt, Inc. for this work and look forward to working as your geotechnical consultant on this and future projects. Sincerely, GRUBBS, HOSKYN, BARTON & WYATT, INC. ' ames R.Pennington , .E. Manager, Springdale & Fort Smith Offices ' JRP/Ico Attachments: Schedule 40.01 (April 2000) ' Schedule 42.04 (April 2000) Schedule 43.04 (April 2000) ' Schedule 46.01 (April 2000) Copies Submitted: Garver Engineering (2) ' Attn: Mr. Brock Hoskins Proposal Accepted: ' Com y C� EtJC�t�fEe2S Date By Special Instructions: Title tD _� 'jam COMMEJ"Ors ON Covet- Le'rrE.t bATED ' (( - 28'00 H H I I I [l I L I I L L I I I I I I r L 1; I U • GRUBBS, HOSKYN, BARTON & WYATT, INC. Schedule 40.01 (April 2000) Page1of3 STANDARD FEES AND GENERAL CONDITIONS FOR ENGINEERING AND TECHNICAL SERVICES 1. Client 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. 2. 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, $0.38 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 3. 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 Pixic or I GRUBBS, HOSKYN, BARTO1 WYATT, INC. • Schedule 40.01 (April 2000) Page 2 of 3 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. 3.2 Warranty U 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. ' 3.3 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. ' 3.4 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 date. 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. IGRUBBS, HOSKYN, BARTO WYATT, INC. ' 3.5 Samples [J I II 1 4. I I Li I H I [1 I I I I Schedule 40.01 (April 2000) 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. 3.6 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. 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 El GRUBBS, HOSKYN, BARTO• WYATT, INC. • Schedule 42.04 (April 2000) Page l of 1 ' LABORATORY AND FIELD SOIL TESTING FEES (Abbreviated) Test Unit Price A. Classification and Index Test 1. Water content....................................................................................... $ ' 5.00 2. Liquid and plastic limits......................................................................... $ 40.00 3. Unit dry weight of sample....................................................................... $ 15.00 4. Specific gravity.................................................................................... $ 40.00 5. Sieve analysis through No. 200 Sieve......................................................... $ 50.00 6. Percent passing a single sieve................................................................... $ 30.00 7. Hydrometer test ... ......................................................................... $ 100.00 IS. Double hydrometer test.......................................................................... $ 150.00 9. Permeability of sand, constant head............................................................. $ 200.00 10. Permeability of silt or clay, falling head ...................................................... $ 150.00 11. Permeability - Flexwall Test (undisturbed sample) .......................................... $ 210.00 12. Permeability — Flexwall Test (remolded sample) ............................................ $ 250.00 13. Laboratory soil resistivity....................................................................... $ 60.00 ' 14. pH................................................................................................... $ 20.00 15. Saw Cut Shelby Tube............................................................................. $ 30.00 B. Strength Tests 1. Compression 1.1 Unconfined compression, soil.......................................................... $ 30.00 1.2 Unconfined compression, rock (with saw cutting) ................................... $ 45.00 ' 2. Triaxial Compression 2.1 Unconsolidated-undrained............................................................... $ 35.00 2.2 Consolidated-undrained........................................................... Quoted on Request ' 2.3 Consolidated-drained.............................................................. Quoted on Request 3. Direct Shear 3.1 Unconsolidated-undrained............................................................... $ 100.00 ' 3.2 Consolidated-undrained .................... . .. ................................... $ 125.00 3.3 Consolidated -drained ............... .. $ 200.00 4. Multi -stage test for triaxial or direct shear ......................................... Two Times Test Price ' C. Volume Change Tests 1. Consolidation...................................................................................... $ 250.00 2. Swell test, swell pressure and percent swell .................................................. $ 150.00 ' D. Earthwork Tests 1. Standard Proctor.................................................................................. $ 120.00 I 2. Modified Proctor.................................................................................. $ 140.00 3. California Bearing Ratio (CBR), per specimen, proctor cost not included ............... $ 170.00 4. Field density and water content, any method ................................................. Hourly Rate 5. Lime modification optimum (LMO).................................................... Quoted on Request 6. Sample preparation: soil mixtures and curing ................................................ $ 45.00 I 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. I 1 1 1 GRUBBS, HOSKYN, BAR* & WYATT, INC. • Schedule 43.04 (April 2000) 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...............................$125.00 1.1.2. Round-trip travel of equipment and crew $3.00/mi 1.2. Marsh buggy operations (GGH buggies) 1.2.1. In -yard mobilization and demobilization ............................... $345.00 1.2.2. Transporting buggies w/contract truck ........................... Cost + 15% 1.2.3. Permit charges........................................................cost + 15% 1.2.4. Three-mancrew 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.................................................................. $10.00/ft 2.1.2. Buggy rig.................................................................. $12.25/ft 2.1.3. Drilling abrasive formation, surcharge per ft ......................... $2.00/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 ...........$85.00/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. Buggy rig......................................................................... $130.00/hr 5.3 Site Cleanup...................................................................... $120.00/lu ' GRUBBS, HOSKYN, BAR& & WYATT, INC. • Schedule 43.04 (April 2000) Paee 2 of 2 6. Special Drilling 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................................................................ $140.00/hr 6.1.2. Buggy rig................................................................ $150.00/hr 6.2. Drilling using hand portable equipment ..................................... $100.00/hr 6.3. Wash borings, no sampling, 0-100 ft ............................................ $6.00/ft 6.4. Undisturbed samples in wash borings ......................................... $25.00/ea 6.5. Machine auger borings w/disturbed samples 0-20 ft .......................... $7.50/ft 6.6. Rock Drilling and Coring 6.6.1. Setting casing through overburden, as required ...................... $7.50/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 ' 7. Other Charges I II I Li I I I I U I 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 + 15% 8. Minimum callout charge for rig and crew............................................$750.00 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. (4) Rush assignments requiring unscheduled overtime are subject to a surcharge. I I LI I I I I I I I U G I I GRUBBS, HOSKYN, BA14W & WYATT, INC. • Schedule 46.01 (April 2000) CONSULTING ENGINEERS Page 1 of 1 HOURLY RATES FOR ENGINEERING AND TECHNICAL PERSONNEL SeniorPrincipal................................................................................................. $125 Principal........................................................................................................... $90 ProjectManager.................................................................................................. $80 ProjectEngineer..................................................................................................$75 StaffEngineer..................................................................................................... $60 Engineer........................................................................................................... $50 SeniorTechnicians............................................................................................... $40 Technicians, Levels III]......... ....... . . . . . ........................ . . . . . . . ............................. . . . . . . . . $35 Technicians, Levels II........................................................................................... $32 Technicians, Level I.............................................................................................$27 Engineering Aides and Draftspersons........................................................................$35 Stenographersand Clerks...... . . . . ................. . . . . . . . . . . . . . . . . .................... . . . . . . . ........... $30 Notes: (1) Travel to and from the job site out of Washington and Benton Counties will be based on an hourly rate for the technician or engineer, plus mileage at $0.38 per mile. (2) Overnight expenses will be charged'at $65.00 per night. (3) Full-time construction surveillance will be quoted at weekly or monthly rates on a job -by -job basis. (4) Tests performed in the laboratory will be in accordance with Schedule 42.07. 0 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this ,1 day of vezn$e-,e 2000, 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 3810 Front Street, Suite #10, Fayetteville, hereinafter called the "ENGINEER". WITNESSETH: Whereas, the "OWNER" is planning to design a multi -level parking deck in the City of Fayetteville; 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 The project generally refers to the planning, design, bidding, and construction support services for a multi -level parking deck to be constructed on the existing municipal parking lot bounded by Mountain Street, Center Street, and Church Avenue and by the alley behind the old Campbell Bell Building. This contract will be based on designing three levels, including the ground level, with the ability to design and construct two or three additional levels in the future. The existing transformers and associated utility lines are to remain in place and the deck layout and configuration are to accommodate this. The deck will have the ability to be attached to a future deck across Center Street by a future skybridge. SECTION III - INFORMATION & SERVICES The "OWNER" will furnish any specifications, standards, and other information which may relate to the project including GPS survey data. Aerial mapping data will be provided, free of charge, to the "ENGINEER" on magnetic media. The "OWNER" will also pay for newspaper advertisements, and agency review fees outside of this agreement. Construction materials quality assurance and control testing will be provided by the construction contractor and is not a part of this agreement. SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING "DESIGN" PHASE Preliminary Design The "ENGINEER" will accomplish the following. Phase 1: 1. Give brief consideration to different deck layouts and configurations and recommend one deck layout and configuration to the City for review and approval. Preliminary floor plans of the recommended deck layout and configuration will be provided. Building elevations and sections will not be provided. 2. Attend meetings with the City as required. Phase 2: 1. Provide schematic architectural floor plans, elevations, and building sections for review and approval. 2. Attend meetings with the City as required. Phase 3: 1. Provide construction plans to approximately 30% completion except for mechanical items. Preliminary mechanical items will be addressed in a narrative included with the 30% construction plans. Plans will be of sufficient detail for submittal to the City for large-scale plan review. 2. Provide submittals and coordination with the City during the large scale development review process. Garver will lead this effort. 3. Provide opinion of probable construction cost. 4. Coordinate with utility owners for possible relocations. Garver will submit copies of the proposed improvements to the utility owners. If any utility conflicts are encountered, design of any utility relocation will be accomplished by the utility owner or, if directed by the City, will be designed as additional work under "Special" Services. Final Design Final Design Documents will include the following: 1. Parking deck with three levels including the ground level. Documents will include structural, architectural, electrical, and mechanical components. Design of revenue control, security, surveillance, and communication systems are not a part of this agreement, unless directed by the Owner as Special Services. 2. Perimeter walkways. 3. Driveways for access to and from street. 4. Drainage design. No formal drainage report will be required. 5. Interior and exterior signage. The "ENGINEER" shall provide all field survey data from field work for designing the project, and this survey shall be tied to the "OWNER'S" GPS control network. The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating geotechnical data necessary for the design of this project. The "ENGINEER" shall provide surveying and mapping as required for the "OWNER'S" use in preparing Right-of-Way/Easement documents. The "ENGINEER" shall furnish plans to all known utility owner's affected by the project and, if necessary, shall conduct a coordination meeting among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. This coordination meeting will take place at the City Engineer's office. During the final "Design" phase of the project, the "ENGINEER" shall conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, opinion of probable cost, make final field inspection with "OWNER", make any needed plan changes as a result of the final field inspection, and all other work required to advertise and receive bids. Unless the Owner prefers and provides a specific construction contract, the Engineer will furnish an industry standard construction contract form for review by the City Attorney. Prior to the start of construction, the "ENGINEER" shall establish benchmark for elevation control and tie layout work to Fayetteville's GPS control system. SECTION V - COORDINATION WITH "OWNER" The "ENGINEER" shall hold conferences throughout the design of the project with representatives of the " OWNER" to the end that the design, as refined, shall have full benefit of the "OWNER'S" knowledge and be consistent with the current policies and construction practices of the "OWNER". The "OWNER" reserves the right to accept or reject any or all plans, but this stipulation will not relieve the "ENGINEER" of responsibility for the design of the project. 0 0 SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the "OWNER'S" City Engineers office. SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION The "ENGINEER" shall submit two (2) sets of preliminary plans to the "OWNER". SECTION VIII - FINAL SUBMISSION The final submission for the construction contract shall consist of the following: A. One (1) copy of all design calculations. B. Three sets of final plans, contract documents, and specifications. C. The originals of all drawings, specifications, and contract documents. All design drawings on magnetic media shall be submitted on disks compatible with AutoCAD Release 14 software. D. The estimated cost of construction and a detailed estimate of time in calendar days required for completion of the contract. SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION CONTRACT ADMINISTRATION" PHASES During the "Bidding" phase of the project, the "ENGINEER" shall dispense construction contract documents to prospective bidders (at the cost of reproduction and handling), support the contract documents by preparing addenda as appropriate, participate in a pre -bid meeting if necessary, attend the bid opening, prepare bid tabulation, evaluate bids, recommend award, prepare construction contracts, and issue a Notice to Proceed letter to the Contractor. During the "Construction Contract Administration" phase of work, the "ENGINEER" shall accomplish the following: 1. Review the Contractor's progress payment requests based on the actual quantities of contract items completed and accepted, and shall make a recommendation to the "OWNER" regarding payment. 2. Attend progress/coordination meetings with the City/Contractor. 3. Attend preconstruction meeting. 4. Prepare for and attend utilities coordination meeting. 5. Evaluate and respond to construction material submittals and shop drawings. 6. Prepare record drawings. 7. Provide periodic site visits at intervals appropriate to the stage of construction or as otherwise agreed to in writing by the Engineer and the Owner for the 270 -calendar -day construction 4 contract performance time. The construction contract documents will require the prime construction contractor to hire a consultant to provide quality control and assurance testing and construction observation of the work during construction. As such the Engineer is not responsible for the construction observation duties required to be performed by the construction contractor's consultant. SECTION X - SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER". The Engineer has made agreements with Foster/Witsell, Evans & Rasco for architectural services and with Grubbs, Hoskyn, Barton, & Wyatt for geotechnical investigation. Copies of these subconsultant contracts are attached. Execution of this agreement is evidence of the approval of these two subconsultant contracts. SECTION XI- TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete each phase in accordance with the schedule shown in Section XII. SECTION XII - FEES AND PAYMENTS A. "Basic" Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" an amount equal to 6.5 percent of the construction cost. The breakdown for each phase is estimated as follows: Preliminary Design 1.87% Final Design 2.82% Bidding Services 0.26% Construction Support Services 1.55% 6.50% The construction cost is defined as the final cost of the work performed by the Contractor and paid by the Owner, or $3 million, whichever is greater. In addition the Engineer shall be compensated for work designed and specified but not incorporated into the construction or final work. For work for which a bid has been received, the Owner shall use the lowest qualified bid received for that work for adjusting compensation to the Engineer. For work for which no qualified bid was received, the Owner shall use the Engineer's construction cost estimate for that work for adjusting compensation to the Engineer. In either case the compensation adjustment increase shall be based on the sum of the percentage fees above for the Preliminary and Final Design Phases, and Bidding Phases for work bid. No deduction shall be made from the Engineer's compensation for any liquidated damages or other amounts withheld from payments to the Contractor. The basis of this estimated fee is contained in Appendix "A" attached hereto. Subject to the City Council's approval, adjustment of the fee 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. The "ENGINEER" may alter the distribution of compensation between individual phases of the work noted herein but shall not exceed the total percent fee unless approved in writing by the "OWNER". Invoices shall be submitted to the City for payment on a monthly basis in proportion to the amount of work accomplished as estimated by the Engineer. Since the final construction amount, and any appropriate adjustments as discussed above, will be unknown during the Engineer's performance of this contract, invoice amounts will be based on a percentage of the Engineer's estimated construction cost. Once the final construction contract amount is determined, engineering fees will be adjusted to the percentage in this contract. The City will make every effort to pay such invoices within 30 days of the date the invoice is approved. However, payment within 30 days is not guaranteed, and the City will not be held liable for interest or late fees due to delayed or late payment. B. "Geotechnical Investigation" Services: For geotechnical investigative services associated with design, the "OWNER" shall pay the "ENGINEER" the lump sum amount of $7,000. C. "Special" Services: Surveying The "ENGINEER" will accomplish topographical and boundary surveys to support design of the parking deck. Surveys provided by the City will be used as a reference. Since site conditions will have a direct effect on preliminary deck layout and design, topographic and utility surveys will be performed before start of the Preliminary Design phase. For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" a lump sum amount of $10,000 for Surveying Services. Architectural Model The "OWNER" has directed the "ENGINEER" to prepare an architectural model of the proposed parking deck for use by the City. This model will be submitted to the City at the time the Preliminary Plans are submitted. The model will be at a 1" = 20' scale and a maximum size of 36" x 36". Adjacent streets and buildings will be shown. The "OWNER" agrees to pay the "ENGINEER" a lump sum fee of $6,000 for this model. Landscape Design The "ENGINEER" shall provide landscape design for the project during the final design phase and will incorporate this design into the construction contract documents. The "OWNER" agrees to pay the "ENGINEER" a lump sum fee of $6,500 for landscape design. Maintenance of Traffic and Contractor's Staging Area Plan The "ENGINEER" shall provide a maintenance of traffic plan for the project during the final design phase and will incorporate this plan into the construction contract documents. This plan will give consideration to the construction sequence and the contractor's staging area. The "OWNER" agrees to pay the "ENGINEER" a lump sum fee of $3,500 for the maintenance of traffic and contractor's staging area plan. Revenue Control System Design If directed by the Owner, the Engineer shall prepare an engineering report of the features of the proposed revenue control system for review and approval by the Owner prior to final design. The design effort shall include the geometry, layout, traffic control and monitoring devices, revenue fee computers, pre -fabricated toll booths, communications, conduit, and wiring for an on -site attended or un-attended system as chosen in the report. The "OWNER" agrees to pay the "ENGINEER" a lump sum fee of $10,000 for revenue control system design, if requested in writing by the Owner. Additional Work For additional "Special" services, not specifically covered by this agreement but requested by the Owner in writing, the "OWNER" shall pay the "ENGINEER" at the rates shown in Appendix B, plus reimbursable expenses. These rates will increase 6% annually with the first increase being effective September 1, 2001. "Special" Services may include, but are not limited to, the following at the written direction of the "OWNER": 1. Any design, detailing, or coordination required to temporarily or permanently relocate the existing NBC satellite dishes. 2. Any design, detailing, or coordination required to relocate or to accommodate utility operations for the existing transformers, switches, and associated underground utility lines. 3. Any design or detailing required to relocate other existing utilities for the project. 4. Any traffic services other than preparation of the Maintenance of Traffic Plan. 5. Any additional construction support services beyond those describe under Basic Services. Each phase of the Engineer's services shall be completed in accordance with the following schedule: Phase Description Calendar Days Topographical and Boundary Surveys 20 days from NTP Geotechnical Engineering 45 days from NTP Preliminary Design - Phase 1 30 days from NTP Preliminary Design - Phase 2 25 days from Approval of Preliminary Design - Phase I Preliminary Design - Phase 3 30 days from Approval of Preliminary Design - Phase 2 Architectural Model Preparation 30 days from Approval of Preliminary Design - Phase 2 Final Design 60 days from Approval of Preliminary Design - Phase 3 Bidding Services Estimated at 45 days Construction Support Services Estimated at 270 days D. Reimbursable Expenses: The "OWNER" will pay the "ENGINEER" for reimbursable expenses during the project such as printing, reproduction, travel, materials, telecommunications costs, etc. Reimbursable expenses will be identified separately on the monthly invoice and will not exceed $6,000, unless approved in writing by the Owner. 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 and the City Council in advance of the change in scope, price, or fees. Any claim by the "ENGINEER" for adjustment under this clause must be asserted within 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, specifications, field notes, and data are and remain the property of the "OWNER." However, the Owner agrees that these documents shall be used only in conjunction with the construction and maintenance of the specific project at the specified location as prescribed in this agreement. 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 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 which cannot be solved by negotiation shall be subject to mediation, arbitration, or litigation as may be appropriate. 2. Responsibility for Claims and Liability - The "ENGINEER" shall 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 quantifies 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. OWNER CITY OF F TTEVILLE By: Mayor: • �i ENGINEER GAR R ENG E By: , Title: \Jl C E 'fLer lbel.I T Authorized Representative ATTEST: 10 APPENDIX A CITY OF FAYETTEVILLE PARKING DECK PAGE 1 OF 6 FEE SUMMARY Basic Services Preliminary Design $56,146 1.87% of $3 million Final Design $84,530 2.82% of $3 million Bidding Services $7,890 0.26% of $3 million Construction Support Services $46,442 1.55% of $3 million Basic Services Total Special Services Surveys Geotechnical Services Landscape Design Maintenance of Traffic/Staging Area Plan Architectural Model Revenue Control System Design Expenses Total Estimated Fee $195,008 6.50% of $3 million $10,000 $7,000 $6,500 $3,500 $6,000 $10,000 $6,000 $49,000 • \go go 80 go go go (!|{f || ] . / | k lnr.§, - § . . ;; | !fn / ` • ! ( . ,. ,;\| ...,111 . 00Ill ,!\| . .. ,, \ . ,. . .. •! . .. •I \ . 00 U . 00 ni ` , ||( . ., .I .,.,!|! o 00 ; | . _, ,; / . ., ...,|E . ., ft Cm / �0M I! • E. 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Y --- "a asx Ill 2 a o o 0 O � O 0 0 0 a �� p O p e NJ a O If C-, mm0o z y m Z O Z C O 0 T o ~ 0 D m Z ymy Co m C 9 9 m o m H In m m m N Appendix B Fayetteville Multi -Level Parking Deck Garver Engineers Hourly Rate Schedule Classification Regular Senior Project Manager $120.00 Project Manager $92.00 Senior Project Engineer $87.00 Project Engineer $78.00 Senior Design Engineer $69.00 Senior Construction Engineer $64.00 Construction Engineer $60.00 Design Engineer/Designer $60.00 Environmental Scientist $69.00 Geologist $66.00 Senior CADD Technician $64.00 CADD Technician $48.00 Senior Construction Observer $64.00 Construction Observer $60.00 Project Surveyor $68.00 Survey Coordinator $52.00 Survey Crew $120.00 Clerical $36.00 GPS Equipment (per hour) $45.00 October, 2000 X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville Ci • STAFF REVIEW FORM • Council meeting of November 7, 2000 John Maguire Administration Name Division Department ACTION REQUIRED: Approval of an engineering agreement with Garver Engineers, 3810 Front St. Suite 10, Fayetteville, for the design of a multi -level parking deck to be constructed on the existing parking lot bounded by Center St. at the North, Mountain St. on the South, Church Ave. On the West and on the East by the buildings that front Block Ave. Approval of a budget adjustment and contingency is also COST TO CITY: $244,008 -0- Cost of this Request Category/Project Budget Category/Project Name 4410-44'b-53t4•o2 -0- Account Number Funds Used To Date Program Name 00064 -0- Sales Tax Capital Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item _ Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: C-- Wi2ODate c.ADA CoordinatorC Date _v) dNl to/-OfdDate Internal A ditor Date 1b-81-o0 Purchasing Officer Date Grant Officer Date STAFF RECOMMENDATION: Division Head Date De ment Di ector Ad n. SVc it ct Mayor Date Date Date Cross Reference New Item: Yes No Prev Ord/Res k:_ Orig Contract Date:_ S 7, FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Mayor & City Coun From: John Maguire - Ad nistrative Services Director Date: October 27, 2000 Subject: Consultant Agreement for the Design of a Mult -Level Parking Deck Proposals for the design of a multi -level parking deck to be constructed on the existing city owned parking lot bounded by Center St. on the North, Mountain St. on the South, Church Ave. on the west and the buildings that front Block Ave. on the East were sent to seven architectural and/or engineering firms that had been selected by a committee composed of Alderman Robert Reynolds, Don Bailey, Jim Beavers, Perry Franklin, Charles Venable, and myself. Five proposals were received from the firms on August 18, 2000. Two of the firms selected had joined with two other firms. Proposals were received from: (1) Cromwell Architects Engineers in association with Walker Parking Consultants, (2) Wittenberg, Delony & Davidson, Inc. Architects in association with McClelland Engineers, (3) Garver Engineers in association with Foster/Witsell, Evans & Rasco Architects, (4) The Benham Group Architects & Engineers and (5) Hailey/Amirmoez Associates Architects in association with Carter & Burgess, Inc. and Walker Parking Consultants. Four of the firms were selected for interviews, with the Benham Group not being interviewed. Interviews were held on September 14, 2000 and following the interviews the Garver Engineering Firm was selected as the first choice of the Committee. Negotiations then followed and the attached agreement which includes the preliminary and final design, plans, specifications, bidding service, construction contract administration, and observation, surveys, geotechnical information, and architectural model, landscaping design, maintenance of traffic, revenue control studies and reimbursable expenses. The total cost of the agreement is not to exceed an amount of $244,008, including all of the above items. It is expected that the project will be ready for contract by late spring or early summer of 2001, with the construction time estimated to be about 9 months from the time of beginning. G:\DWG\PLATS\Spc522m.dwg Mon Jan.013: 10:36 2000 14t0 c A �2oPo5ED �ARK1N4 t' cic S?E ' Scacc : I = 50 J Budget Year 2000 n — City of Fayetteville, Arkansas l OQ • Budget Adjustment Form • Department: Administrative Services Date Requested Adjustment # Division: Administrative Services November 7, 2000 Program: Sales Tax Capital Project or Item Requested: To initiate a Multi -Level Parking Deck capital project by adding $280,609. Justification of this Increase: The funding is needed for a engineering agreement with Garver Engineers for the design of a multi -level parking deck to be constructed on the existing parking lot bounded by the streets of Center, Mountain, and Church. Account Name Engineering Services Account Name Sales Tax Revenue Project or Item Deleted: To recognize $280,609 in additional Sales Tax Revenue. Justification of this Decrease: Currently the City has received over $300,000 in additional Sales Tax Revenue than was budgeted Year to Date. Increase Expense (Decrease Revenue) Amount Account Number Ppject Number _ 280,609 4470 9470 5314 02 — 00064 10 Decrease Expense (Increase Revenue) Amount Account Number Project Number 280,609 4470 0947 4104 00 __ Approval Signatures Mayor p, - at 3 D ate Blue Copy: Budget & Research / Yellow Copy: Regi Type: A Date of Approval Budget Office Use Only B C ( D ) E Posted to General Ledger Posted to Project Accounting Entered in Category Log fester C:OJATAIFORMSIBA-AD IBADIF435. WIG! • STAFF REVIEW FORM Page 2 Description Meeting Date Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grants Offcier Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Nancy Smith, Internal Audit From: Heather Woodruff, City Clerk Date: December 5, 2000 Attached is a copy of the resolution approving an engineering agreement with Garver Engineers for the design of a multi -level parking deck. Two originals have been returned to Mr. Venable for him to distribute. One original will be filed with the City Clerk. cc: Steve Davis, Budget and Research Cat f)?? :JMED City of Fayetteville Municipal Parking Deck Engineering Services Contract GARVERENGINEERS RESOLUTION NO. 158-00 A RESOLUTION APPROVING AN ENGINEERING AGREEMENT WITH GARVER ENGINEERS FOR THE DESIGN OF A MULTI-LEVEL'PARKING DECK TO BE CONSTRUCTED ON THE EXISTING PARKING LOT BOUNDED BY CENTER T STREET AT THE, NORTH, (MOUNTAIN STREET ON THE SOUTH, CHURCH AVENUE ON THE WEST AND ON THE EAST OF THE BUILDINGS THAT FRONT BLOCK AVENUE. 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 for the design of a multi -level parking deck to be constructed on the existing parking lot bounded by center street at the north, mountain street on the south, church avenue on the west and on the east of the buildings that front block avenue. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21° day of November . 2000. APPROVE %j/jt�� By: ed Hanna, Mayor ATTEST: Heather Woodruff, City lerk