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:
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CROSS REFERENCE:
Date
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• 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.
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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:
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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.
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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.
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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
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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
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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
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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:
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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.
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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
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of Preliminary Design
of Preliminary Design
of Preliminary Design
of Preliminary Design
- Phase 1
- Phase 2
- Phase2
- Phase 3
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D. Reimbursable Expenses:
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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.
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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,
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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.
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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.
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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
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$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
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APPENDIX A
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1 APPENDIX
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CITY OF FAYETTEVILLE
PARKING DECK
PAGE 4 OF
FINAL DESIGN
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APPENDIX A
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WORK TASK DESCRIPTION
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TOTAL COST:
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APPENDIX A
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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