HomeMy WebLinkAbout161-04 RESOLUTIONRESOLUTION NO. 161- 04
A RESOLUTION TO APPROVE A CONTRACT IN THE
AMOUNT OF $23,940.00 PLUS POSSIBLE EXPENSES OF
UP TO $5,250.00 WITH WALKER PARKING CONSULTANTS/
ENGINEERS, INC. FOR ENGINEERING SERVICES RELATED
TO THE REHABILITATION AND REPAIR OF THE MEADOW
STREET PARKING DECK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the Agreement for Professional Engineering Services with Walker Parking
Consultants/Engineers, Inc. in the amount of $23,940.00, plus expenses of up to
$5,250.00 for a total of $29,190.00 as attached as Exhibit "A".
PASSED and APPROVED this 19`" day of October, 2004.
By:
ATTEST:
APPROVED:
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By: pox,, `� ' S.U� p= :FAYETTEVILLE�
SOA SMITH, City Clerk Oct ,�
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• •
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
WALKER PARKING CONSULTANTS/ENGINEERS, INC.
THIS AGREEMENT is made this NM day of October, 2004, by and between
City of Fayetteville, Arkansas and Walker Parking Consultants/Engineers, Inc., with an
office in Houston, Texas (Walker Parking).
The City of Fayetteville requires professional engineering and architect services
in connection with the repair and rehabilitation of the City's Meadow Street Parking
Facility (the "Project"). Therefore, the City of Fayetteville and Walker Parking in
consideration of their mutual covenants agree as follows:
Walker Parking Consultants shall serve as City of Fayetteville's professional
consultant in those assignments to which this Agreement applies, and shall give
consultation and advice to the City of Fayetteville during the performance of Walker
Parking's services. All services shall be performed under the direction of a professional
engineer or architect registered in the State of Arkansas and qualified in the particular
field. The Construction Phase Services which are to be provided by Walker Parking
under this Agreement shall be executed under the observation of a professional engineer
or architect registered in the State of Arkansas in accordance with Arkansas Code
Annotated §22-9-101.
SECTION I
AUTHORIZATION OF SERVICES
A. Upon acceptance of this contract by the City Council and its execution by the
Mayor, Walker Parking Consultants are authorized to begin to perform services.
B. 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
City Council in advance of the change in scope, costs, fees, or delivery schedule.
• •
SECTION II
SCOPE OF SERVICES TO BE PERFORMED
BY WALKER PARKING CONSULTANTS
A. Phase I — Construction Document Preparation and Bidding Services
1. Discuss with City of Fayetteville representatives confirmation of the
program, budget and schedule, and establish lines of communication.
2. Prioritize the estimates of probable construction costs for the repairs.
3. Prepare plans and details for the entire repair program.
4. Prepare final bid documents and technical specifications and distribute
at the direction of the City of Fayetteville.
5. Prepare an updated engineer's estimate of the probable construction
cost of the repairs.
6. Assist and be present at a pre-bid meeting to answer the Contractor's
questions, and review the limitations and extent of work required by
the repair documents.
7. Prepare addenda to the bid documents, if required.
8. Assist in the evaluation of bids and award of a contract to the
successful bidder.
B. Phase II — Construction Administration and Observations Services
1. Direct a pre -construction meeting with the Contractor at the
job -site to review each work item, establish construction quality
control, and establish phasing of the repair work.
2. Review shop drawings and material sample submittals for conformance
with the intent of the design documents.
3. Make visits to the job -site at intervals appropriate to the various stages
of construction to observe the progress and quality of the contractor's
work. A total of 4 visits, based on an estimated two months of
construction are included in the lump sum fee.
4. Direct project progress meetings. These will be done in conjunction
with scheduled observation trips discussed above.
2
• •
5. Issue necessary interpretations and clarifications of the contract
documents and assist in the resolution of problems or conflicts due to
unforeseen latent conditions.
6. Review Contractor pay -requests and advise the City accordingly.
7. Prepare a punch list near project completions of Phase II and conduct a
final project review of punch list items addressed by the Contractor.
SECTION III
COMPENSATION
A. The City of Fayetteville shall pay $15,700 00 as a lump sum fee to Walker
Parking Consultants/Engineers, Inc. for its completion of Phase I — Construction
Document Preparation and Bidding.
B. The City of Fayetteville shall pay $8,240.00 as a lump sum fee to Walker
Parking Consultants/Engineers, Inc. for its completion of Phase II — Construction
Administration and Observations.
C. The City of Fayetteville shall pay to Walker Parking consultants up to
$5,250.00 for travel and miscellaneous expenses which are reasonably incurred by
Walker Parking and necessary to accomplish its duties during Phase I and II of the
Project.
SECTION IV
GENERAL CONSIDERATIONS
A. Insurance
During the course of performance of these services, Walker Parking will
maintain (in U.S. Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury
Property Damage
Professional Liability Insurance
3
Limits of Liability
Statutory
$500,000.00 Each Accident
$1,000,000.00 Combined
Single Limit
$1,000,000.00 Each Claim
•
• •
Walker Parking will provide to the City of Fayetteville certificates as evidence of
the specified insurance within ten days of the date of this Agreement and upon each
renewal of coverage.
B. Professional Responsibility
1. Walker Parking will exercise reasonable skill, care and diligence in the
performance of Walker Parking's services and will carry out its
responsibilities in accordance with customarily accepted professional
engineering practices. The City of Fayetteville will promptly report to
Walker Parking any defects or suspected defects in Walker Parking's
services of which the City of Fayetteville becomes aware, so that
Walker Parking can take measures to minimize the consequences of
such a defect. The City of Fayetteville and Walker Parking further
agree to impose a similar notification requirement on all construction
contractors in the Bid Documents and shall require all subcontracts at
any level to contain a like requirement. The City of Fayetteville retains
all remedies to recover for its damages caused by any negligence of
Walker Parking.
2. In addition Walker Parking will be responsible to the City of
Fayetteville for damages caused by its negligent conduct during its
activities at the Project Site at least to the extent covered by Walker
Parking's Commercial General Liability Insurance policy as specified
in Paragraph A.
C ADA REQUIREMENTS
The Americans with Disabilities Act (ADA) requires the removal of
architectural barriers in existing facilities where such removal is readily achievable. The
City of Fayetteville acknowledges that the definition of "readily achievable" contained in
the ADA is flexible and subject to interpretation on a case-by-case basis. The
requirements of the ADA will therefore be subject to various and possible contradictory
interpretations. Walker Parking will use its reasonable professional efforts and judgment
to interpret applicable ADA requirements and to advise the City of Fayetteville as to the
modifications to the Meadow Street Parking Facility that may be required to comply with
the ADA.
D. TERMINATION
1. This Agreement may be terminated in whole or in part in writing by
either party in the event of substantial failure by the other party to
fulfill its obligations under this Agreement through no fault of the
terminating party, provided that no termination may be effected unless
the other party is given:
4
• •
a. Not less than ten (10) calendar days written notice (delivered
by certified mail, return receipt requested) of intent to
terminate;
b. An opportunity for consultation with the terminating party prior
to termination.
2. This Agreement may be terminated in whole or in part in writing by
City of Fayetteville for its convenience, provided that Walker Parking
is given.
a. Not less than ten (10) calendar days written notice, delivered by
certified mail, return receipt requested) of intent to terminate;
b. An opportunity for consultation with the terminating party prior
to termination;
c. If termination for default is effected by City of Fayetteville, an
equitable adjustment in the price provided for in this Agreement
shall be made; but
d. No amount shall be allowed for anticipated profit on
unperformed services or other work;
e. Any payment due to Walker Parking at the time of termination
may be adjusted to cover any additional costs to City of
Fayetteville because of Walker Parking's default.
3. Upon receipt of a termination action under termination paragraphs
above, Walker Parking shall:
a. Promptly discontinue all affected work (unless the notice directs
otherwise);
b. Deliver or otherwise make available to the City of Fayetteville
all data, drawings, specifications, reports, estimates, summaries
and such other information and materials as may have been
accumulated by Walker Parking in performing this Agreement,
whether completed or in process;
c. Upon termination the City of Fayetteville may take over the
work and may award another party an agreement to complete
the work under this Agreement.
5
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E. Ownership of Documents
All documents provided by the City of Fayetteville including original
drawings, disks of CADD drawings and cross sections, estimates, specification field
notes, and date are and remain the property of the City of Fayetteville. Walker Parking
may retain reproduced copies of drawings and copies of other documents.
Engineering documents, drawings and specifications prepared by Walker
Parking as part of its services shall become the property of the City of Fayetteville when
Walker Parking has been compensated for all such services rendered, provided, however,
that Walker Parking shall have the unrestricted right to their use. Walker Parking shall,
however, retain its right in its standard drawings details, specifications, databases,
computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the services shall remain the
property of Walker Parking.
F. Notices
Any notice required under this Agreement will be in writing, addressed to
the appropriate party at the following addresses:
City of Fayetteville
Office of the Mayor
113 West Mountain Street
Fayetteville, AR 72701
Walker Parking Consultants
17049 El Camino Real, Suite 202
Houston, TX 77058
G. Successor and Assigns
The City of Fayetteville and Walker Parking each binds themselves and
their successors, executors, administrators, and assigns to the other party of this
Agreement and to the successors, executors, administrators, and assigns of such other
party, in respect to all covenants of this Agreement; except as above, neither the City of
Fayetteville nor Walker Parking shall assign, sublet, or transfer their interest in the
Agreement without the written consent of the other.
H. Controlling Law
This Agreement shall be subject to, interpreted and enforced according to
the laws of the State of Arkansas without regard to any conflicts of law provisions.
6
• •
I. Arkansas Freedom of Information Act
City contracts and documents, including internal documents and
documents of subcontractors and subconsultants, prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a
Freedom of Information Act request is presented to the City of Fayetteville, Walker
Parking will do everything possible to provide the documents in a prompt and timely
manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et
seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed
for this compliance.
J. Additional Responsibilities
Walker Parking shall have these additional responsibilities:
1. The City of Fayetteville's review, approval, or acceptance of design
drawings, specifications, reports and other services furnished hereunder
shall not in any way relieve Walker Parking of the responsibility for
the technical adequacy of the work. Neither the City of Fayetteville's
review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of
any cause of action arising out of the performance of this Agreement.
2. Walker Parking shall be and shall remain liable, in accordance with
applicable law, for all damages to the City of Fayetteville caused by
Walker Parking's negligent performance of any of the services
famished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to the City of Fayetteville or City
of Fayetteville -furnished data.
3. Walker Parking's obligations under this clause are in addition to
Walker Parking's other express or implied assurances under this
Agreement or State law and in no way diminish any other rights that
the City of Fayetteville may have against Walker Parking for faulty
materials, equipment or work.
K. Remedies
Except as may be otherwise provided in this Agreement, all claims,
counterclaims, disputes and other matters in question between the City of Fayetteville
and Walker Parking arising out of or relating to this Agreement or the breach thereof will
be decided in a court of competent jurisdiction within Washington County, Arkansas.
7
• •
L. Entire Agreement
This Agreement represents the entire Agreement between Walker Parking
and the City of Fayetteville.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first
written above.
WALKER PARKING
CONSULTANTS/ENGINEERS, INC.
By:
al
J • r ES A.MORAN
Vice President and
Managing Principal
By:
CITY OF
FAYETTEVILLE, ARKANSAS
�A
At
D COODY
Mayor
Attest: 1C)CA/ tt4.aJ Wig-)
Sondra Smit iciAxeClerk
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NAME OF FILE:
CROSS REFERENC
Item #
Date
•
Resolution No. 161-04
w/agreement
Document
•
1
09/21/04
memo to mayor & City Council
2
letter to Coy Hurd from Walker Parking Consultants
3
draft resolution
4
Staff Review Form
5
memo to Coy Hurd
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
FAYETTEVIPLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
eeS
• ////y/o l
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'Weer wf,6a5
tvlado-ed
October 19, 2004 City Council Meeting
Mayor Dan Coody and Fayetteville City Council
GHtephen Davis, Financial and Internal Services Director
*Coy Hurd, Project Manager
September 21, 2004
TO:
THROUG
DATE-
SUBJECT:
A resolution approving a contract with Walker Parking Consultants for the
design and oversight of the restoration of the Meadow Street Municipal
Parking Deck.
Recommendation: Staff recommends the approval of this contract and the fee in the
amount of $29,250.
Background: On April 27, 2004, the City's Architect Selection Committee convened to
make a recommendation towards the selection of a design firm pursuant to renovation
work needed on the Meadow Street Municipal Parking Deck. From the firms considered,
it was the unanimous decision of the committee to recommend Walker Parking
Consultants of Houston, Texas for this project.
Discussion: For some time, the Municipal Parking Deck on Meadow Street has been
experiencing problems. The deck will not entirely shed water, thus water ponds in
several of the parking spots. This limits the use of these parking spots and inconveniences
those who have leased those particular spots. This situation also makes the parking deck
slick and dangerous for foot traffic, especially in the winter. Other problems are manifest
such as inadequate lighting and the deterioration of the deck's surface.
After negotiations, Walker Consultants has agreed to provide these services:
1. Meet with City representatives to confirm the needed program of the project.
2. Provide estimates of probable construction costs of needed repairs.
3. Prepare plans and specifications for the work.
4. Develop bid documents for the project.
5. Conduct a pre-bid meeting of interested Contractors.
6. Prepare any needed addenda to the bid documents.
7. Conduct a pre -construction conference with apparent low bidder.
•
• •
8. Negotiate a construction contract.
9. Review shop drawings in connection with the project.
10. Visit the work in progress no Tess than four times to oversee the progress.
11. Direct site meetings.
12. Issue clarifications of contract documents.
13. Review Contractor pay requests.
14. Prepare punch list near completion of the work.
Budget Impact: The fee that Walker Consultants proposed for the above listed scope of
work amounts to $24,000, with a reimbursable budget of not to exceed $5,250. The total
fee and reimbursable is then $29,250. This amount is allotted in the Parking
Management Budget.
•
•
•
4 PARKING CONSULTANTS
WALKER
January 6, 2004
(Revised August 30, 2004)
Mr. Coy Hurd, P.E.
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Proposal for Restoration Design Services
Meadows Street Garage
Fayetteville, Arkansas
Dear Mr. Hurd:
WALKER PARKING CONSULTANTS
17049 El Camino Real
Suite 202
Houston, TX 77058
Voice: 281.280.0068
Fax: 281.280.0373
www.walkerporking.com
Walker Parking Consultants is pleased to submit for your review this proposal to provide
Restoration Design Services for the above referenced protect. The services include the
preparation of construction documents; bidding services, and construction administration. We
are pleased with the opportunity to continue to provide restoration services for this protect.
PROPOSED SCOPE OF SERVICES
We understand that you would like Walker Parking Consultants to prepare construction
documents to complete the recommended repairs identified in our November, 2003 Condition
Appraisal Report.
Walker proposes to prepare the Division 1 contract sections, technical specifications, construction
plans, and repair details. The estimated construction budget for this work is $152,000.
We will also provide Bidding and Construction Administration Phase services in order to
document compliance with design intent.
Following is a description of tasks to be performed:
PHASE I - CONSTRUCTION DOCUMENT PREPARATION AND BIDDING SERVICES
1. Discuss with City of Fayetteville representatives confirmation of the program, budget and
schedule, and establish lines of communication.
2. Prioritize the estimates of probable construction costs for the repairs.
•
•
•
WALKER
PARKING CONSULTANTS
•
Mr. Coy Hurd
May 10, 2004
(Revised August 30, 2004)
Page 2
3. Prepare plans and details for the entire repair program.
4. Prepare final bid documents and technical specifications and distribute at the direction of
the Owner's representative.
5. Prepare an updated engineer's estimate of the probable construction cost for the repairs.
6. Assist and be present at a pre-bid meeting to answer Contractor questions, and review the
limitations and extent of work required by the repair documents.
7. Prepare addenda to the bid documents, if required.
8. Assist in the evaluation of bids and award of a contract to the successful bidder.
PHASE II - CONSTRUCTION ADMINISTRATION AND OBSERVATIONS SERVICES
1. Direct a pre -construction meeting with the Contractor at the job -site to review each work
item, establish construction quality control, and establish phasing of the repair work.
2. Review shop drawings and material sample submittals for conformance with the intent of
the design documents.
3. Make visits to the job -site at intervals appropriate to the various stages of construction to
observe the progress and quality of the contractor's work. A total of 4 visits, based on an
estimated 2 months of construction are included in our fee estimate.
4. Direct protect progress meetings. These will be done in conjunction with scheduled
observation trips discussed above.
5. Issue necessary interpretations and clarifications of the contract documents and assist in
the resolution of problems or conflicts due to unforeseen latent conditions.
6. Review Contractor pay -requests and advise the City accordingly.
7. Prepare a punch list near project completion of Phase II and conduct a final protect review
of punch list items addressed by the Contractor.
•
•
•
WALKER
PARKING CONSULTANTS
•
Mr. Coy Hurd
May 10, 2004
(Revised August 30, 2004)
Page 3
PROFESSIONAL FEES AND EXPENSES
PHASE 1 - CONSTRUCTION DOCUMENT PREPARATION AND BIDDING
We propose to perform these services for a lump sum fee plus customary reimbursable expenses
basis to complete documents as follows:
FEE SCHEDULE
Lump Sum $15,760.00
PHASE II - CONSTRUCTION ADMINISTRATION AND OBSERVATIONS
We propose to perform these services for a lump sum fee plus customary reimbursable expenses
basis to complete documents as follows:
FEE SCHEDULE
Lump Sum $8,240.00
All work would be completed in accordance with the terms and conditions of the attached Walker
Document General Conditions of Agreement For Consulting Services and Standard Billing Rates.
We suggest you budget the following for miscellaneous expenses for this protect:
EXPENSE SCHEDULE
Phase I
Phase II
$2,750.00
$2,500.00
•
SCHEDULE
•
WALKER
PARKING CONSULTANTS
•
Mr. Coy Hurd
May 10, 2004
(Revised August 30, 2004)
Page 4
We are prepared to start one week after receiving authorization to proceed. We estimate we
can complete the design and bid document preparation to 90% within four (4) weeks for owner
review and comments can be incorporated within one week upon reception
Restoration contractors will use the documents that are prepared for bidding purposes. A typical
bid period for restoration repair work is three weeks. We recommend a shorter period of 2
weeks to expedite the protect work. The successful contractor will then be the responsible party to
complete the contract work as bid.
Thank you again for the opportunity to propose on this project. If you need additional
information, please do not hesitate to call at any time. If the above proposal meets your approval,
please sign and return one copy of this letter as our Authorization and Notice to Proceed.
Sincerely,
WALKER PARKING CONSULTANTS
Jim Moran, Vice President
Managing Principal
Lu
Casey Wagner, P.E.
Director of Operations
Enclosures: General Conditions of Agreement For Consulting Services
Standard Billing Rates
AUTHORIZATION
Trusting the above meets with your approval, please sign and return one copy of this proposal,
indicating your acceptance and authorization to proceed.
Approved by:
Title: Date:
4
•
STANDARD BILLING RATES - 2004
CONSULTING SERVICES
WALKER
PARKING CONSULTANTS
PRINCIPALS
Senior Principal $300.00
Principal $245.00
PROJECT MANAGEMENT
Senior Protect Manager $215.00
Protect Manager $180.00
Assistant Protect Manager $140.00
PARKING CONSULTANTS
Senior Parking Consultant $215.00
Parking Consultant $180.00
Parking Analyst / Planner $140.00
DESIGN
Senior Engineer / Senior Architect $175.00
Engineer / Architect $140.00
Designer $130.00
TECHNICAL
Senior Technician $113.00
Technician $ 98.00
Field Auditor $ 67.00
SUPPORT
Senior Admin Assistant / Business Mgr $ 77.00
Administrative Assistant $ 57.00
Subject to annual adjustment on January 1 each year.
• •
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT IN THE
AMOUNT OF $23,940.00 PLUS POSSIBLE EXPENSES OF
UP TO $5,250.00 WITH WALKER PARKING CONSULTANTS/
ENGINEERS, INC. FOR ENGINEERING SERVICES RELATED
TO THE REHABILITATION AND REPAIR OF THE MOUNTAIN
STREET PARKING DECK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the Agreement for Professional Engineering Services with Walker Parking
Consultants/Engineers, Inc. in the amount of $23,940.00, plus expenses of up to
$5,250.00 for a total of $29,190.00 as attached as Exhibit "A".
PASSED and APPROVED this 5th day of October, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
By:
APPROVED: �4
DAN COODY, Mayor
STAFF VIEW FORM - FINANCIAL OBLIGATI,
XX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: October 19, 2004
FROM:
Coy Hurd Building Services Financial and Internal Services
Name
Division Department
ACTION REQUIRED: The action required is the approval of a resolution accepting a proposed fee (not to
exceed) of $29,250 from Walker Consultants for the design and oversight of renovation work at the Meadow
Street Municipal Parking Deck.
COST TO CITY:
$29,250.00
217,814.00 Parking Deck Rehabilitation
Cost of this request Category/Project Budget
21309130 5411.00 none
Account Number
Offstreet Parking Imporvements
Funds Used to Date Program / Project Category Name
02085.1 $ 217,814.00 Offstreet Parking
Project Number
Remaining Balance Fund Name
BUDGET REVIEW•
Budget Manager
Budgeted Item
Date
Budget Adjustment Attached
CONTRACT/GRANT/LEASE
REVIEW:
nager
City Attorne
Date
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Date
Guy c wft1,, 9�da�oy
Int rnal A itor Date
(SLIC
Purchasing Manager
Divisi
ate
Department Director
Finance S Internal
Services Dir.
1a4
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Chief / ini .ative
•
icer
. tide
Mayor
Date
Date
9 26-0)1
Date
Received in Mayor's Office
9130164
Date
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Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
Otaff Review Form - Page 2
Description Walker Consultants/Meadow St. Parking Deck
Comments:
Budget Manager
Accounting Manager
City Attorney
7 �
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fC . r.ir . --)17-t•
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
•
Meeting Date October 19, 2004
Reference Comments: