HomeMy WebLinkAbout42-12 RESOLUTIONRESOLUTION NO. 42-12
A RESOLUTION APPROVING A CONTRACT WITH GARVER, LLC IN AN
AMOUNT NOT TO EXCEED $235,900.00 FOR PRELIMINARY SITE
EVALUATION, DESIGN, AND CONSTRUCTION ADMINISTRATION OF A
DOWNTOWN/ENTERTAINMENT DISTRICT PARKING DECK,
APPROVING A $20,000.00 PROJECT CONTINGENCY, AND APPROVING
A BUDGET ADJUSTMENT
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 a
contract with Garver, LLC, a copy of which is attached as Exhibit "A", in an amount not to
exceed $235,900.00 for preliminary site evaluation, design, and construction administration of a
downtown/entertainment district parking deck, and approves a $20,000.00 project contingency.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "B".
PASSED and APPROVED this 21st day of February, 2012.
APPROVED:
ATTEST:
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC.
THIS AGREEMENT is made as of j" 61.1 , 2012, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinaftr called CITY OF FAYETTEVILLE) and
GARVER, LLC (hereinafter called GARVER).
CITY OF FAYETTEVILLE requires professional engineering services in connection with the site
selection, design, and construction supervision of the downtown parking deck. Therefore, CITY OF
FAYETTEVILLE and GARVER in consideration of their mutual covenants agree as follows:
GARVER shall serve as CITY OF FAYETTEVILLE's professional engineering and architectural
consultant in those assignments to which this Agreement applies, and shall give consultation and advice
to CITY OF FAYETTEVILLE during the performance of GARVER's services. All services shall be
performed under the direction of a professional engineer registered in the State of Arkansas and qualified
in the particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of GARVER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of GARVER.
1.3 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, costs, fees, or delivery schedule.
SECTION 2- BASIC SERVICES OF GARVER
2.1 General
2.1.1 Perform professional services in connection with the Project as hereinafter stated.
Parking Deck Design Contract Garver.DOC 1 2/2/2012
2.1.1.1 The Scope of Services to be furnished by GARVER during the design is included in
Section 2.2 hereafter and in Appendix A attached hereto and made part of this
Agreement.
2.1.2 GARVER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
GARVER and CITY OF FAYETTEVILLE agree that GARVER has full responsibility for
the engineering services.
2.2 Engineering Services — Downtown Parking Deck.
2.2.1 Perform engineering services for the site selection, design, and construction supervision as
described in the Scope of Services in Appendix A.
SECTION 3- RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of GARVER
3.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.2 Assist GARVER by placing at GARVER's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
3.3 Assist GARVER in obtaining access to property reasonably necessary for GARVER to
perform its services under this Agreement.
3.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by GARVER and render in writing decisions pertaining thereto.
3.5 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect
to the services to be performed under this Agreement. The Utilities Director shall have
complete authority to transmit instructions, receive information, interpret and define CITY
OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements
and systems to be used in the Project, and other matters pertinent to the services covered by
this Agreement.
Parking Deck Design Contract Garver.DOC 2 2/2/2012
3.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to GARVER in a timely manner.
SECTION 4- PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. GARVER will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services are to be completed. The
anticipated schedule for this project is included as Appendix A.
SECTION 5- PAYMENTS TO GARVER
5.1 Compensation
5.1.1 Downtown Parking Deck
The maximum not -to -exceed amount authorized for this Agreement is $235,900. The CITY OF
FAYETTEVILLE shall compensate GARVER for time spent on the project at the rates described in
Appendix B for each classification of GARVER's personnel. In addition, reimbursable expenses,
including but not limited to printing, courier service, reproduction, travel, and subconsultants shall be
paid to GARVER. For informational purposes, a breakdown of GARVER's estimated costs is included
in Appendix B. The rates shown will be increased annually with the first increase effective on or about
June 1, 2012.
5.1.1.1 Subject to the City Council approval, adjustment of the not -to -exceed amount may be
made should GARVER establish and CITY OF FAYETTEVILLE agree that there has
been or is to be a significant change in scope, complexity, character, or schedule of the
services to be performed; or if CITY OF FAYETTEVILLE 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. Changes, modifications or amendments
in scope, price or fees to this Contract shall not be allowed without formal contract
amendment approved by the Mayor and the City Council in advance of the change in
scope, cost, fees, or delivery schedule.
Parking Deck Design Contract Garver.DOC 3 2/2/2012
5.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with GARVER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be made in accordance with a format to be
developed by GARVER and approved by CITY OF FAYETTEVILLE. Applications for
payment shall be accompanied each month by the updated project schedule as the basis
for determining the value earned as the work is accomplished. Final payment for
professional services shall be made upon CITY OF FAYETTEVILLE's approval and
acceptance with the satisfactory completion of the study and report for the Project.
5.2 Statements
Statements and progress report for each calendar month will be submitted to CITY OF FAYETTEVILLE.
Statements will be based on GARVER' s actual time and reimbursable expenses accrued to the project.
5.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of GARVER' s
statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF
FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise GARVER in writing of the
basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort
to pay invoices within 30 days of date the invoice is approved. However, payment within 30 days is not
guaranteed.
5.4 Final Payment
Upon satisfactory completion of the work performed under this Agreement, as a condition before final
payment under this Agreement, or as a termination settlement under this Agreement, GARVER shall
execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF
FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically
exempted by GARVER to be set forth therein. Unless otherwise provided in this Agreement or by State
law or otherwise expressly agreed to by the parties to this Agreement, final payment under this
Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF
FAYETTEVILLE's claims against GARVER or his sureties under this Agreement or applicable
performance and payment bonds, if any.
Parking Deck Design Contract Garver.DOC 4 2/2/2012
SECTION 6- GENERAL CONSIDERATIONS
6.1
Insurance
6.1.1 During the course of performance of these services, GARVER will maintain (in United States
Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
GARVER will provide to 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.
6.1.2 CITY OF FAYETTEVILLE and GARVER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of GARVER's services.
6.2 Professional Responsibility
6.2.1 GARVER will exercise reasonable skill, care, and diligence in the performance of
GARVER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to GARVER any defects or suspected defects in GARVER's services of which CITY
OF FAYETTEVILLE becomes aware, so that GARVER can take measures to minimize the
consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover
for its damages caused by any negligence of GARVER
Parking Deck Design Contract Garver.DOC 5 2/2/2012
6.3 Cost Opinions and Projections
Cost opinions and projections prepared by GARVER relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating results are
based on GARVER's experience, qualifications, and judgment as a design professional. Since GARVER
has no control over weather, cost and availability of labor, material and equipment, labor productivity,
construction Contractors' procedures and methods, unavoidable delays, construction Contractors'
methods of determining prices, economic conditions, competitive bidding or market conditions, and other
factors affecting such cost opinions or projections, GARVER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections prepared by
GARVER.
6.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of GARVER's
services, with an appropriate change in compensation and schedule only after Fayetteville City Council
approval of such proposed changes and, upon execution of a mutually acceptable amendment or change
order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of
GARVER.
6.5 Termination
6.5.1 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:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part M writing by CITY OF
FAYETTEVILLE for its convenience, provided that GARVER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
Parking Deck Design Contract Garver.DOC 6 2/2/2012
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 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
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to GARVER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of GARVER's default.
6.5.4 If termination for default is effected by GARVER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to GARVER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by GARVER
relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, GARVER shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by GARVER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of GARVER to fulfill contractual obligations, it is determined
that GARVER had not failed to fulfihl contractual obligations, the termination shall be
deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event,
adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this
clause.
Parking Deck Design Contract Garver.DOC 7 2/2/2012
6.6 Delays
In the event the services of GARVER are suspended or delayed by CITY OF FAYETTEVILLE or by
other events beyond GARVER's reasonable control, GARVER shall be entitled to additional
compensation and time for reasonable costs incurred by GARVER in temporarily closing down or
delaying the Project.
6.7 Rights and Benefits
GARVER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for
the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and GARVER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
GARVER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice;
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give GARVER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
Parking Deck Design Contract Garver.DOC 8 2/2/2012
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and GARVER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President or Chief Engineer of GARVER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to GARVER for services rendered by GARVER.
6.10 Publications
Recognizing the importance of professional development on the part of GARVER's employees and the
importance of GARVER's public relations, GARVER may prepare publications, such as technical papers,
articles for periodicals, and press releases, pertaining to GARVER's services for the Project. Such
publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF
FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and
provide CITY OF FAYETTEVILLE's comments to GARVER. CITY OF FAYETTEVILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise CITY OF
FAYETTEVILLE will not unreasonably withhold approval. The cost of GARVER' s activities pertaining
to any such publication shall be for GARVER's account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and GARVER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Computer Models. GARVER may use or modify GARVER'S proprietary computer models
in service of CITY OF FAYETTEVILLE under this agreement, or GARVER may develop
computer models during GARVER's service to CITY OF OFAYETTEVILLE under this
agreement. Such use, modification, or development by GARVER does not constitute a
Parking Deck Design Contract Garver.DOC 9 2/2/2012
license to CITY OF FAYETTEVILLE to use or modify GARVER's computer models. Said
proprietary computer models shall remain the sole property of GARVER. CITY OF
FAYETTEVILLE and GARVER will enter into a separate license agreement if CITY OF
FAYETTEVILLE wishes to use GARVER's computer models.
6.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, estimates, specification field notes, and data are and remain the property of
CITY OF FAYETTEVILLE. GARVER may retain reproduced copies of drawings and copies of other
documents.
Engineering documents, drawings, and specifications and other hard copy or electronic media prepared by
GARVER as part of the Services shall become the property of CITY OF FAYETTEVILLE when
GARVER has been compensated for all Services rendered, provided, however, that GARVER shall have
the unrestricted right to their use. GARVER shall, however, retain its rights 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 GARVER.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. GARVER makes no warranty as to the compatibility of these files
with any other system or software. Because of the potential degradation of electronic medium over time,
in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the
sealed drawings/hard copies will govern.
6.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
Parking Deck Design Contract Garver.DOC 10
2/2/2012
GARVER, LLC's address:
2049 E. Joyce Blvd, Suite 400
Fayetteville, Arkansas 72703
6.15 Successor and Assigns
CITY OF FAYETTEVILLE and GARVER each binds himself and his 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 CITY OF FAYETTEVILLE nor GARVER shall assign, sublet, or transfer his interest in
the Agreement without the written consent of the other.
6.16 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.
6.17 Entire Agreement
This Agreement represents the entire Agreement between GARVER and CITY OF FAYETTEVILLE
relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply
to professional services, in the event CITY OF FAYETTEVILLE issues to GARVER a purchase order,
no preprinted terms thereon shall become a part of this Agreement. Said purchase order document,
whether or not signed by GARVER, shall be considered as a document for CITY OF FAYETTEVILLE's
internal management of its operations.
SECTION 7- SPECIAL CONDITIONS
7.1 Additional Responsibilities of GARVER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
GARVER of responsibility for the technical adequacy of the work. Neither 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.
Parking Deck Design Contract Garver.DOC 11 2/2/2012
7.1.2 GARVER shall be and shall remain liable, in accordance with applicable law, for all damages
to CITY OF FAYETTEVILLE caused by GARVER's negligent performance of any of the
services furnished under this Agreement except for errors, omissions or other deficiencies to
the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-
furnished data.
7.1.3 GARVER's obligations under this clause are in addition to GARVER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against GARVER for faulty materials,
equipment, or work.
7.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other
matters in question between CITY OF FAYETTEVILLE and GARVER arising out of or relating to this
Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 GARVER shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. GARVER shall also maintain the financial information and data used by
GARVER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. GARVER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
Parking Deck Design Contract Ganrer.DOC 12 2/2/2012
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement.
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of GARVER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
GARVER warrants that no person or selling agency has been employed or retained to solicit or secure
this Agreement upon an agreement of understanding for a commission, percentage, brokerage or
continent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by GARVER for the purpose of securing business. For breach or violation of this warranty,
CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its
discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that GARVER or any of
GARVER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to GARVER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Parking Deck Design Contract Garver.DOC 13 2/2/2012
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In thc event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against GARVER as it could pursue in the
event of a breach of the Agreement by GARVER. As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs GARVER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and sub -
consultants, 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, GARVER 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
GARVER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS GARVER
AT75T:
BytTLnOJ
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City Clerk
Parking Deck Design Contract Garver.DOC
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Herbert J. (Bert) Parker,'PE
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Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed
without formal contract amendment approved by the Mayor and the City Council in advance of the
change in scope, cost, fees, or delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Parking Deck Design Contract Garver.DOC 15 2/2/2012
EXHIBIT A
DOWNTOWN PARKING DECK
SCOPE OF SERVICES
1.0 ENGINEER'S SERVICES
GARVER and its subconsultants that comprise the project team will provide design
services to assist the City of Fayetteville in site selection, design and construction of an
approximately 300 space parking deck in the downtown area. More specifically, GARVER
proposes to accomplish the following:
1.1 PHASE 1 — SITE SELECTION & CONCEPTUAL DESIGN
1.1.1 Data Collection
A. The project team comprised of representatives from Garver, Carl Walker, Inc., AFHJ
Architects, and KB Architects will schedule and participate in meetings with
members of the City Staff to determine program goals, design criteria, and
development guidelines. At a minimum, the design team will meet with the following
City Departments/Divisions:
1. City Administration.
2. Parking Management Division.
3. Development Services Department.
4. Utilities Department.
5. City Council.
B. The project team will meet with representatives of the Walton Art Center.
C. Garver will meet and coordinate with all franchise utility companies to obtain an
inventory of utilities within the study areas and a written statement regarding the
available capacity.
D. Meeting notes of the data collection meetings will be taken and distributed to all
attendees for approval.
E. Gather information related to historic buildings, cultural factors, natural features,
existing zoning and city regulations, mixed use viability, and identify LEED design
principles that may impact design and cost.
F. The project team will visit the four potential sites for the purposes of verifying
existing conditions.
G. The project team will coordinate with the Utilities Director to obtain all studies,
reports, drawings, topographical maps, property surveys and other available
documents related to the four potential sites.
Parking Deck Design Contract Garver - Exhibit A Scope.doc A-1 2/3/2012
1.1.2 Public Involvement
The project team will conduct a total of two public involvement meetings. The meetings will
be formatted to be walk-in type and be scheduled on the same day, generally 11:00 to
2:00 and 4:00 to 7:00. The City will be responsible for locating and arranging facilities for
the public meeting/workshop in the vicinity of the project and be responsible for publishing
all public notices.
The project team will prepare all necessary press releases, handouts, questionnaires, and
graphic exhibits for the meetings. Public comments will be recorded, evaluated, and
included in a Public Meeting Summary Report.
1.1.3 Geotechnical Services
Garver will coordinate and subcontract with Grubbs, Hoskyn, Barton & Wyatt to provide
geotechnical investigations and recommendations for all four designated sites as specified
in the attached proposal and made a part of this agreement. In general, the scope will
include a total of twenty borings approximately 70 -ft in depth, evaluation and testing of
bore results, evaluation of suitable foundation options, and preparation of an engineering
report summarizing the findings and recommendations.
1.1.4 Site Evaluations
Garver will subcontract with Carl Walker, Inc. and AFHJ Architects to perform portions of
the site selection services. The scope for the services to be provided by the
subconsultants are attached and made a part of this agreement. The scope for the project
team will include:
A. Evaluation of the existing water and sewer facilities in detail based on the
information provided by the City to determine improvements necessary to meet fire
protection and other loads associated with the parking deck. Coordination will be
made with the City of Fayetteville to determine existing water main pressures and
fire hydrant flows.
B. Evaluation of the four identified sites (West Avenue Site, Spring Street Site, Walton
Art Center Site, and School Avenue Site) based upon the following criteria:
1 Topography, Utilities, and Environmental Conditions.
2. Interface with surrounding street system.
3. Vehicular and pedestrian ingress/egress.
4. Ability for future parking deck expansion.
5. Construction staging and access considerations.
6. Functional efficiency and construction cost savings for the garage.
7. Passive and active patron safety factors.
8. Impact on neighboring properties.
9. Geotechnical Investigation as it pertains to the structural system for the
garage, both for gravity loads and seismic considerations.
10. Impact on current parking revenues.
Parking Deck Design Contract Garver - Exhibit A Scope.doc A-2 2/3/2012
11. Ability to utilize LEED design principles. In addition, design team to identify
potential principles and provide estimated costs for program inclusion
consideration.
12. Architectural Design.
13. Cultural and Historic Factors.
14. Zoning/Development Regulations.
C. Develop conceptual garage functional layouts (maximum of three alternatives per
site) in order to evaluate each site relative to garage functionality, capacity and
flexibility to meet project goals.
D. Develop Architectural guidelines and elevations (maximum of four) for each of the
four sites adequate for conceptual cost estimating.
E. Develop conceptual site plans (maximum of four) adequate for conceptual cost
estimating.
F. Develop design criteria based on local and national code requirements including
Life Safety Concerns, Open Parking Structure, American Disabilities Act and
Wind/Seismic Design Criteria.
G. Develop an opinion of probable costs (maximum of four) in sufficient detail to be
utilized for a comparison of the four sites. More detail cost estimating will be
performed on future phases to determine programming costs.
1.1.5 Report Preparation
A. Prepare a written report that summarizes all of the information collected from the
data collection stage, geotechnical recommendations, and findings from the site
evaluations.
B. Develop a pros/cons matrix for each site.
C. Provide a recommendation of the preferred site.
D. Prepare a City Council presentation summarizing all findings and
recommendations. Presentation will be given by the entire project team at one
meeting.
1.2 PHASE 2- SCHEMATIC DESIGN AND PROJECT DEVELOPMENT
The scope and fee for this portion of the agreement is specifically excluded and will be
added by amendment at the request of the City.
1.3 PHASE 3- CONSTRUCTION ADMINISTRATION SERVICES
The scope and fee for this portion of the agreement is specifically excluded and will be
added by amendment at the request of the City.
Parking Deck Design Contract Garver - Exhibit A Scope.doc A-3 2/3/2012
2.0 CITY OF FAYETTEVILLE
The City of Fayetteville's responsibilities shall include providing the following:
2.1 Right of entry to the properties.
2.2 Adjacent property owner notifications and public meeting notices.
2.3 Previous available surveys, reports, etc.
2.4 Paying all plan review fees and advertising costs.
2.5 Furnishing all permits and providing permit review fees.
2.6 Provide basemap drawing based upon city planimetrics showing contours,
structures, right-of-way, property lines, easements, and all utilities including private
sewer service connections.
a. Utility locations provided by the City of Fayetteville will be derived from GIS.
2.7 Spot digging and determination of utilities at critical locations.
2.8 Coordination and fees associated with regulatory agencies such as but limited to
AHTD, ADH, AQEQ, USACE, ARKUPS, Utility Owners, Property Owners, U.S. Fish
and Wildlife, and State Historic Preservation Office.
3.0 EXCLUSIONS
For clarification, our proposed scope of services does not include the following but will be
considered as extra work as directed by the City in writing for an additional agreed upon by
the City and Garver:
3.1 Utility relocation design other than water and sewer.
3.2 Vehicular counts of existing traffic.
3.3 Wetlands identification or mitigation design or other work related to environmentally
or historically (culturally) significant items including site assessments.
3.4 Changes to major design elements after previous direction or approval or redesign
to accommodate City of Fayetteville's budget after receipt of construction bids that
exceed the Engineer's cost opinions.
Parking Deck Design Contract Garver - Exhibit A Scope.doc A-4 2/3/2012
3.5 Record Research and Property Acquisition Documents.
3.6 Submittals or deliverables in addition to those listed herein.
3.7 Construction materials testing.
3.8 PHASE 2 - Schematic Design and Project Development which includes property
and topographical surveys, ARKUPS utility marking, City development approval
process, architectural renderings, construction plans and documents, and bidding.
3.9 PHASE 3 — Construction Administration Services which includes all services during
and after construction.
4.0 PROJECT DELIVERABLES
The following will be submitted to the City of Fayetteville, or others as indicated, by Garver:
1. Digital copies of meeting meetings to all attendees.
2. Two (2) copies of Public Meeting Summary Report.
3. Two (2) copies of Geotechnical Report.
4. Four (2) copies of the Conceptual Site Plan for the four potential sites.
5. Two (2) copies of the Summary Report.
6. Electronic files as requested.
5.0 SCHEDULE
The time periods for the performance of GARVER, LLC's Services as set forth in Section 4
of said Agreement are as follows:
Phase Description Calendar Days
Data Collection 30 calendar days from start date
Geotechnical Investigation 60 calendar days from Geotechnical NTP
Site Evaluations 45 calendar days from City review of
Collected Data
Report Preparation 30 calendar days from City review of
the Site Evaluation & Geotechnical
6.0 COMPENSATION
The method of payment for Services rendered by GARVER shall be as follows. GARVER,
shall invoice the CITY OF FAYETTEVILLE for time spent on the project at the rates
described in Appendix B for each classification of Garver's personnel. In addition,
reimbursable expenses including but not limited to printing, courier service, reproduction,
travel, and subconsultants. The maximum not to exceed amount for all scope items in this
project shall be $235,900.
Parking Deck Design Contract Garver - Exhibit A Scope.doc A-5 2/3/2012
APPENDIX B
Fayetteville Downtown Parking Deck
Garver Hourly Rate Schedule
Classification
Rates
Engineers / Architects
E-1
$
88.00
E-2
$
104.00
E-3
$
123.00
E-4
$
145.00
E-5
$
176.00
E-6
$
215.00
Planners
P-1
$
106.00
P-2
$
124.00
Designers
D-1
$
83.00
D-2
$
111.00
Technicians
T-1
$
71.00
T-2
$
94.00
Surveyors
S-1
$
42.00
S-2
$
52.00
S-3
$
70.00
S-4
$
99.00
S-5
$
127.00
2 -Man Crew (Survey)
$
160.00
3 -Man Crew (Survey)
$
200.00
2 -Man Crew (GPS Survey)
$
180.00
3 -Man Crew (GPS Survey)
$
220.00
Construction Observation
C-1
$
80.00
C-2
$
108.00
C-3
$
144.00
Administration
X-1
$
49.00
X-2
$
66.00
X-3
$
109.00
APPENDIX B
CITY OF FAYETTEVILLE
DOWNTOWN PARKING DECK
FEE SUMMARY
Phase 1 - Site Selection Estimated Fees
Geotechnical Services (Grubbs, Hoskyn, Barton & Wyatt) $76,000.00
Architectural Services(AFHJ Architects/KB Architects) $64,900.00
Parking Garage Specialist (Carl Walker, Inc.) $55,000.00
Prime Consultant - Garver $40,000.00
Subtotal for Phase I Services
Phase 2 - Schematic Design and Project Development
Design Development $0.00
Project Design $0.00
Construction Documents $0.00
Bidding and Contract Award $0.00
Subtotal for Phase 2 Services $0.00
$235,900.00
Phase 3 - Construction Administration Services Estimated Fees
Construction Materials Testing
Construction Phase Services
Project Close -Out
$0.00
$0.00
$0.00
Post -Occupancy Review $0.00
Subtotal for Phase 3 Services $0.00
X:\2011\11047180P - Fayetteville Downtown Parking Deck\Contracts\Client\Copy of APPENDIX B - Garver Fee Spreadsheet -Downtown
Parking Deck.xlsx
APPENDIX B
CITY OF FAYETTEVILLE
DOWNTOWN PARKING DECK
SITE SELECTION SERVICES
WORK TASK DESCRIPTION
E-6
E-5
E-4
E-3
E-2
E-1
T-2
T-1
X-1
$215.00
$176.00
$145.00
$123.00
$104.00
$88.00
$94.00
$71.00
$49.00
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Quality Control Plan
1
6
City Coodination/Data Gathering Meetings
20
4
Public Involvement Metings
10
Project Team Coordination
16
4
Francise Utility Coordination
12
4
Conceptual Civil Site Plans (4 sites)
4
20
20
40
Water/Sewer Evaluations
2
6
20
Opinion of Probable Costs (4 sites)
2
12
8
Final City Council Presentation
6
2
QC Review
6
4
Subtotal - Civil Engineering
0
67
0
70
24
28
0
40
0
2. Structural Engineering
Project Programming
4
6
Opinion of Probable Costs (4 sites)
6
10
Subtotal -Structural Engineering
10
0
0
16
0
0
0
0
0
3. Mechanical Engineering
Project Programming
8
Opinion of Probable Costs (4 sites)
8
8
Subtotal - Mechanical Engineering
0
0
16
0
0
8
0
0
0
4. Electrical Engineering
Project Programming
6
8
Opinion of Probable Costs (4 sites)
8
8
Subtotal - Electrical Engineering
0
14
0
16
0
0
0
0
0
MANHOUR
SUBTOTALS
Hours 10 81 16 102 24 36 0 40 0 309
Salary Costs $2,150.00 $14,256.00 $2,320.00 $12,546.00 $2,496.00 $3,168.00 $0.00 $2,840.00 $0.00 $39,776.00
SUBTOTAL - SALARIES: $39,776.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $140.00
Postage/Frelght/Courier $34.00
Travel Costs $50.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$224.00
TOTAL FEE: $40,000.00
AGREEMENT BETWEEN GARVER AND SUBCONSULTANT
FOR PROFESSIONAL SERVICES
This is an agreement made as of , by and between
GARVER, LLC (Garver) and Carl Walker, Inc. (Subconsultant).
SECTION 1 - GENERAL
Garver has made an agreement dated , with the City of
Fayetteville (Owner) which is herein referred to as the Prime Agreement and which provides for
Garver's performing professional services in connection with the Project (Fayetteville Downtown
Parking Deck) described therein. Garver hereby engages Subconsultant, to perform for Garver,
specific services in connection with said Project in accordance with the terms and conditions of this
Agreement between Garver and Subconsultant hereinafter referred to as "this Agreement." Any and
all other material pertinent to Subconsultant's services will be provided to the Subconsultant as they
become available to Garver.
The Prime Agreement contains certain provisions for performance by Garver as well as other matters.
The provisions of the Prime Agreement such as insurance requirements, time of performance, and
payment for services shall apply to the Subconsultant as indicated herein.
SECTION 2- SCOPE OF SERVICES
The Subconsultant will perform services generally described in the attached Scope of Services from
the Subconsultant dated January 30, 2012. In the event of a conflict between any of the terms in the
Subconsultant's proposal and this Agreement, the terms in this agreement will govern. The
Subconsultant's General Terms and Conditions provided in the referenced proposal are expressly
rejected.
Requirements for the Subconsultant's time of performance for the attached scope of work shall be
consistent with the schedule as outlined in the prime agreement.
Garver is the prime professional with respect to Subconsultant's services to be performed under this
Agreement and is responsible for coordinating Subconsultant's services with the services of Garver's
staff, any and all regulatory and/or funding agencies that may be involved in the project, and with the
Owner.
For additional services outside the scope of services described herein, the Subconsultant and Garver
agree to negotiate the fees and related time extensions, if required, in accordance with the scope of
services to be determined prior to start of the additional services.
SECTION 3- PAYMENT
For the work described herein, except as otherwise agreed to in writing by Garver and the Subconsultant,
Garver will pay the Subconsultant for time spent on the project, at the rates shown in the Subconsultant
proposal for each classification of Subconsultant's personnel plus reimbursable expenses including
but not limited to printing, courier service, reproduction, and travel. The total amount paid to the
Subconsultant under this agreement may not exceed $55,000. The Subconsultant will submit monthly
invoice indicating the amount complete. Garver will not be required to pay Subconsultant for work
represented by invoices received more than 60 days after the billing period when the work occurred.
Fayetteville Downtown Parking Deck Page 1 of 5 Carl Walker, Inc - Subcontract
Garver will bill the Owner monthly. All Subconsultant bills must be received 10 calendar days prior to
the last Friday of the month in order to be included in Garver's invoice to the Owner for that month.
Payment to the Subconsultant will be made within 10 days of Garver receiving payment from the Owner
for the Subconsultant work included in each invoice.
SECTION 4- GARVER'S RESPONSIBILITIES
In connection with the project, Garver's responsibilities shall include, but not be limited to, the
following:
1. Giving thorough consideration to all documents presented by the Subconsultant and informing
the Subconsultant of all decisions within a reasonable time so as not to delay the work of the
Subconsultant.
2. Making provision for the employees of the Subconsultant to enter public and private lands as
required for the Subconsultant to perform necessary preliminary surveys and other
investigations.
3. Furnishing the Subconsultant such plans and records of construction and operation of existing
facilities, available aerial photography, reports, or copies of the same, related to or bearing on
the proposed work as may be in the possession of Garver. Such documents or data will be
returned upon completion of the work or at the request of Garver.
4. Giving prompt written notice to the Subconsultant whenever Garver observes or otherwise
becomes aware of any defect in the project or other events which may substantially alter the
Subconsultant's performance under this Agreement.
SECTION 5- MISCELLANEOUS
5.1 Instruments of Service
The Subconsultant's instruments of service provided by this agreement consist of the printed hard copy
reports, drawings, and specifications issued for the Assignment or Project; whereas electronic media,
including CADD files, are tools for their preparation. As a convenience to Garver, the Subconsultant will
furnish to Garver both printed hard copies and electronic media. In the event of a conflict in their
content, however, the printed hard copies shall take precedence over the electronic media.
The Subconsultant retains ownership of the printed hard copy drawings and specifications and the
electronic media. Garver is granted a license for their use, but only in the operation and maintenance of
the Project or Assignment for which they were provided. Use of these materials for modification,
extension, or expansion of this Project or on any other project, unless under the direction of the
Subconsultant, shall be without liability to the Subconsultant and the Subconsultant's consultants.
Because data stored in electronic media form can be altered, either intentionally or unintentionally, by
transcription, machine error, environmental factors, or by operators, it is agreed that Garver shall
indemnify, defend, save harmless the Subconsultant, the Subconsultant's consultants, and the officers
and employees of any of them from and against any and all claims, liabilities, damages, losses, and
costs, including but not limited to costs of defense, arising out of changes or modifications to the data
in electronic media form in Garver's possession or released to others by Garver and for any use of the
electronic media and printed hard copy drawings and specifications outside the license granted by this
provision.
Fayetteville Downtown Parking Deck Page 2 of 5 Carl Walker, Inc - Subcontract
5.2 Insurance
The Subconsultant agrees to maintain in force for the life of this Agreement, the following schedule of
insurance:
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability
Bodily Injury and
Property Damage
Professional Liability Insurance
Statutory
$500,000 Each Accident
$1,000,000 Each Occurrence
$1,000,000 Combined Single Limit
$2,000,000 Each Claim
The Subconsultant shall name City of Fayetteville and Garver, LLC as an additional insured on the
Subconsultant's CGL policy.
5.3 Records
The Subconsultant will retain all pertinent records for a period of two years beyond completion of the
project. Garver may have access to such records during normal business hours.
5.4 Indemnity Provision
Garver agrees to indemnify the Subconsultant for damages, liabilities, or costs (including reasonable
attorney's fees) to the extent the damages and costs are caused by the negligent acts, errors, or
omissions of Garver, its other subconsultants, or any other party for whom Garver is legally liable, in
the performance of their professional services under this contract.
The Subconsultant agrees to indemnify Garver for damages, liabilities, or costs (including reasonable
attorneys fees) to the extent the damages and costs are caused by the negligent acts, errors, or
omissions of the Subconsultant, its agents, or any other party for whom the Subconsultant is legally
liable, in the performance of their professional services under this contract.
In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of
Garver and the Subconsultant, they shall be borne by each party in proportion to its own negligence.
5.5 Mediation
In an effort to resolve any conflicts that arise during the design or construction of the project or
following the completion of the project, the Subconsultant and Garver agree that all disputes between
them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless
the parties mutually agree otherwise.
The Subconsultant and Garver further agree to include a similar mediation provision in all agreements
with independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with
subconsultants, subcontractors, suppliers or fabricators so retained, thereby providing for mediation as
the primary method for dispute resolution between the parties to those agreements.
Fayetteville Downtown Parking Deck Page 3 of 5 Carl Walker, Inc - Subcontract
5.6 Debarment and Suspension
The signer of this contract certifies that to the best of his/her knowledge and belief that the company
that he/she represents and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b)
of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
The signer of this contract understands that a false statement on this certification regarding debarment
and suspension may be grounds for rejection of this proposal or termination of the award. In addition,
under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up
to 5 years, or both.
SECTION 6 - CONTROL OF SERVICES
This is an Arkansas Contract and in the event of a dispute concerning a question of fact in connection
with the provisions of this contract which cannot be disposed of by mutual agreement between Garver
and Subconsultant, the matter shall be resolved in accordance with the Laws of the State of Arkansas.
This Agreement may be terminated by either party by seven (7) days written notice in the event of
substantial failure to perform in accordance with the terms hereof by the one (1) party through no fault
to the other party or for the convenience of Garver upon delivery of written notice to the Subconsultant.
If this Agreement is so terminated, the Subconsultant shall be paid for the time and materials expended
to accomplish the services performed to date, as provided in SECTION 3 - PAYMENT; however, the
Subconsultant may be required to furnish an accounting of all costs.
SECTION 7- SUCCESSORS AND ASSIGNS
The Subconsultant and Garver each bind himself and his successors, executors, administrators, and
assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the
Subconsultant nor Garver shall assign, sublet, or transfer their interest in this agreement without the
written consent of the other. Nothing herein shall be construed as creating any personal liability on the
part of any officer or agent of any public body which may be a party hereto.
This Agreement is contingent upon the Prime Agreement being executed and will be terminated
upon termination of the Prime Agreement.
This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an
Fayetteville Downtown Parking Deck Page 4 of 5 Carl Walker, Inc - Subcontract
original, but all of which together shall constitute one and the same instrument,
IYLrfl
III
GARVER.
C
By:
Fayetteville Downtown Parking Deck Page 5 of S. Gars Walker, Inc - Subcontract
January 30, 2012
Mr. Ron Petrie, PE
Senior Project Manager
Garver, LLC
2049 East Joyce Blvd
Suite 400
Fayetteville, AR 72703
rspetrie@aarverusa.com
Re: Fayetteville Downtown Parking Structure - Site Selection Study
Fayetteville, Arkansas
Carl Walker, Inc. Proposal N3-1 1-083aR
Dear Ron:
Carl Walker, Inc. is pleased to submit this proposal to you to provide professional Parking Facility Design
Consulting services for the above mentioned project in Fayetteville, Arkansas. Our scope of services is
described in detail below, but in general we will provide consulting services incorporating the disciplines
of Structural Engineering and Parking Consulting for this first phase of this parking facility project, the site
selection study.
As specialists in the design and construction of multi -level parking structures, we believe that our
expertise will be an asset for you and the owner in developing a user-friendly and cost-effective parking
facility. As we work through our firm's 29th year in business, our experienced staff of designers can
proudly reflect on thousands of projects, hundreds of parking structures and millions of parking spaces
for clients nationwide.
PROJECT UNDERSTANDING
Based upon the information you've sent me to date as well as the
information I gathered during my last visit to Fayetteville on
January 10th and 11th, we understand that this new parking facility
will provide parking for approximately 300 cars. It is assumed that
patrons will primarily be visitors associated with the adjacent
Walton Arts Center, local retail and restaurant destinations and
some individuals who will park and walk west towards the University
of Arkansas campus.
The photo to the right depicts the four (4) sites being considered
for this parking facility. They generally bound the west, south and
east sides of the Walton Arts Center development. We understand
that site survey information as well as geotechnical information will
be available as part of the inputs needed to study each site.
2801 Network Blvd., Suite 101 Frisco, TX 75034 P. 214.619.0700 F. 214.619.0705 www.carlwalker.com
Mr. Ron Petrie
Fayetteville Parking Garage
January30, 2012
This garage will utilize either a precast -prestressed concrete or a cast -in -place, post -tensioned concrete
structural system. Exterior architectural elements of the garage will be similar and complimentary to the
arts center and neighboring community development. It is assumed that this garage will be an above
grade, free standing and open parking structure. However, site conditions could cause some portions
of the garage to be partially below grade. At this time the program and budget does not call for retail
space at street level in the garage, but the lingering potential for this element (at least in shell form) will
remain a side consideration until further planning determines if it is fully in or out of the project.
This first phase of the project will cover site selection and preliminary design for the parking structure.
Currently the City of Fayetteville has a timeline of approximately 4 1/2 months for this phase of the
project. Full design and then eventual construction of this garage will then commence after that as the
next phase of this project.
We currently estimate the following timeline (calendar days) for the key tasks associated with this work:
Task 1: Public Involvement/Data Gathering
Task 2: Site Evaluations
Task 3: Report Preparation
SCOPE OF SERVICES
30 days from Notice -To -Proceed (NIP)
45 days after 14 day City Review of Task 1
30 days after 14 day City Review of Task 2
As noted above, Carl Walker, Inc. will function as the Parking Facility Design Consultant for this new
facility. In this capacity, we will provide functional and structural design consulting with our in-house
staff. We will provide our consulting services in accordance with information provided by you, the
owner and all applicable building codes. See below and attached for a detailed Scope of Services for
our work. For the design portion of our proposed scope, Carl Walker, Inc. will act as the Engineer -Of -
Record on this parking facility.
Not included in our scope are other building design, geotechnical engineering, architecture,
landscape architecture, MEP engineering, civil engineering, surveying, street traffic engineering
(roadway/intersection improvements), traffic impact analysis, environmental, security systems,
architectural graphics or contractor level construction estimating and scheduling. If necessary, we can
assist in obtaining these services. It is also assumed that you will provide Carl Walker, Inc. the following
information:
1. Geotechnical soils investigation with foundation recommendations
2. Site survey with grade contours and existing utility information, both above and below grade
3. All relevant programming and planning information necessary for us to perform our parking
facility design work
Carl Walker, Inc. will...
Site Selection and Conceptual Design Phase
A. Meet with City of Fayetteville officials, Walton Arts Center representatives and other
neighboring stakeholders as required to establish the program goals for this parking
structure as well as its connection to the site and adjacent pedestrian destinations. This
proposal includes two (2) trips, two (2) full days each for this purpose
-2-
Mr. Ron Petrie
Fayetteville Parking Garage
January 30, 2012
B. Meet with you and the rest of the design team as required to determine the full program
of requirements for the parking facility and select the site. This proposal includes one (1)
trip for one (1) full day for this purpose, which is in addition to the trips outlined in Item A.
Other design team in -person interaction can occur simultaneous with the meetings
outlined in Item A.
C. Participate in other design team meetings via web teleconference as the project
progresses
D. Coordinate design needs with other consultants on the team
E. Evaluate each site's viability based upon topography, utilities and environmental
conditions. Civil/site survey information to be provided by others.
F. Evaluate each site's viability based upon interface with the surrounding street system.
Review traffic data or traffic impact analysis information (by others) for the area
G. Evaluate each site's viability based upon vehicular ingress/egress as well as pedestrian
ingress/egress
H. Evaluate each site's viability based upon future expansion of the garage
I. Evaluate each site's viability based upon construction staging and access considerations
for the garage
J. Evaluate each site's viability based upon functional efficiency and construction cost
savings for the garage
K. Evaluate each site's characteristics relative to the sustainable (green) design goals of the
project, and incorporate these into the pros/cons measurement of each site as it
contributes to achieving these goals.
L. Evaluate each site's viability based upon patron safety factors, both passive and active
M. Evaluate each site's viability based upon neighborhood impact of the garage,
especially as it relates to neighboring residential elements
N. Evaluate each site's viability based upon geotechnical information (by others) as it
pertains to the structural system for the garage, both for gravity loads and seismic
considerations
O. Develop conceptual garage functional layouts (up to 3 alternatives per site) in order to
evaluate each site relative to garage functionality, capacity and flexibility to meet
project goals.
P. Provide an opinion of probable construction cost for each site as part of the evaluation.
This would not be an intensive contractor estimate with detailed takeoffs and pricing
information, but rather an opinion with general cost breakdown of the anticipated
construction cost for this market and project scope.
Q. Develop design based on local and national code requirements including the following
concerns:
1. Life Safety Concerns.
2. Open Parking Structure
3. Americans with Disabilities Act.
4. Wind and seismic design criteria.
R. Provide information to your representatives for coordination sessions with City of
Fayetteville building officials
S. Develop a pros/cons matrix for each site and utilize this information along with the
preliminary garage concepts to communicate back to the owner and other
stakeholders which site is recommended for selection
T. Meet in person with the owner as part of the design team, helping convey our team's
final recommendation for the site to be selected. This proposal includes one (1) trip for
one (1) full day for this purpose.
-3-
Mr. Ron Petrie
Fayetteville Parking Garage
January 30, 2012
PROFESSIONAL FEES
Based upon our project understanding and the Scope of Services discussed above, we are proposing a
professional fee (hourly labor plus expenses) up to a maximum limit of $55,000. Project related expenses
such as travel, communications; delivery, reproductions, printing, etc. are included in this fee cap. Our
labor will be billed in accordance with the attached Fee Schedule, which will be updated to new rates
effective March 1, 2012.
FEE EXCLUSIONS
Carl Walker, Inc.'s project related coordination efforts with the following tasks and consultants are
included within the proposed design fees. Costs for these Owner and Contractor provided surveys,
testing, inspections and consultants are not part of the above referenced design fees.
• Permits, Fees, or Other Related Miscellaneous Expenses
• Topographic and Utilities Survey
• Boundary Line Surface Survey
• Hydrology Study
• Architecture
• Civil Engineering
• MEP Engineering
• Construction Soils Testing
• Construction Materials Testing
• Special Inspections
• Environmental Impact Assessment
• Interior Design
• Traffic Engineering of Street or Intersection Improvements
• Geotechnical Engineering Consultant
• Landscape Architect
• Security Systems Consultant
• Costing and Scheduling Consultant
• Design of any buildings or elements other than parking garages
ADDITIONAL SERVICES
Additional services outside the Scope of Services listed above, when requested and authorized in
writing, shall be performed on an hourly fee basis per the attached Fee Schedule, or a lump sum basis
as negotiated with you.
TERMS AND CONDITIONS
Terms and Conditions will be as set forth in the formal contract agreement between Garver, LLC and
Carl Walker, Inc.
-4-
Mr. Ron Petrie
Fayetteville Parking Garage
January 30, 2012
We trust we have responded to your request for proposal. If you are in agreement with the scope of
services, professional fees, and terms of this proposal, your signature in the space provided below will
serve as our notice to proceed. Please return one (1) copy to our office.
If you have any questions regarding this proposal, please give me a call. We look forward to working
with you, the City of Fayetteville and the rest of the Project Team.
Thank you for considering Carl Walker, Inc.!
ACKNOWLEDGED AND ACCEPTED
Garver, LLC
Sincerely,
Carl Walker, Inc.
Tim D. ristle, P.E.
Senior Vice President
cc: Sonya Newman - Carl Walker, Inc.
BY (NAME)
TITLE
FIRM
DATE
-5-
Mr. Ron Petrie
Fayetteville Parking Garage
January 30, 2012
CARL WALKER, INC.
FEE SCHEDULE FY 2011
FSWP:2011
President
$281.00
- $281.00
/Hr
Executive/Senior Vice President
$187.00
- $259.00
/Hr
Vice President; Managing Principal
$183.00
- $209.00
/Hr
Principal
$156.00
- $173.00
/Hr
Restoration Manager; Chief Engineer
$163.00
- $163.00
/Hr
Senior Project Manager
$138.00
- $162.00
/Hr
Project Manager; Senior Engineer
$107.00
- $147.00
/Hr
Senior Architect; Senior Planner
$122.00
- $122.00
/Hr
Senior Parking/Restoration Specialist
$135.00
- $154.00
/Hr
Parking/Studies Specialist
$124.00
- $145.00
/Hr
Project Engineer/Architect; Design Engineer
$ 91.00
- $115.00
/Hr
Chief/Senior Design Technician
$ 99.00
- $ 99.00
/Hr
Design/Parking Techician
$ 80.00
- $ 86.00
/Hr
Restoration Specialists
$ 84.00
- $ 96.00
/Hr
Restoration Technician
$ 71.00
- $ 77.00
/Hr
Clerical
$ 49.00
- $ 90.00
/Hr
Hourly billing rates are effective March 1, 2011 through February 29, 2012.
-6-
City of Fayetteville
Fayetteville Downtown Parking Facility
Phase I - Site Selection Study
Carl Walker, Inc. Fee Breakdown
Monday, January 30, 2012
o
c
rn
Q
.0
U g a
a -u
N
O
c
Q
a
d
0-
n w'
U
TOTAL
JE
U
Hourly Rate
$ 216
$ 159
$ 145
$ 98
$ 62
Information gathering & review
4
22
2
2
Programming and planning (internal and external)
5
30
4
2
Public involvement and stakeholder coordination
4
37
8
8
Coordination and review with geotechnical engineer
3
11
Parking functional design
4
16
2
24
Structural engineering site assessment
1
4
22
4
Coordination with City/Owner reviews
1
22
2
4
4
Internal QA/QC reviews
2
2
2
2
2
Report preparation
2
24
12
10
10
Final deliverables/presentations
2
14
4
4
8
Total Hours
25
174
69148
36
Labor Fee
$ 5,400
$ 27,666
$ 10,005j$4704
$ 2,232
$ 50,007
$
3,400
Airfare
Mileage
$
150
Rental Car
$
300
Parking/Tolls
$
100
Hotel
$
700
Meals
$
100
Copies/Reprographics
$
95
Postage/Shipping
$
95
Miscellaneous
$
75
Total Expenses
$
5,015
AGREEMENT BETWEEN GARVER AND SUBCONSULTANT
FOR PROFESSIONAL SERVICES
This is an agreement made as of 02/02/2012 , by and
between GARVER, LLC (Garver) and AFHJ Architects (Subconsultant), who will work with KBA as
their design consultant.
SECTION 1 - GENERAL
Garver has made an agreement dated , with the City of
Fayetteville (Owner) which is herein referred to as the Prime Agreement and which provides for
Garver's performing professional services in connection with the Project (Fayetteville Downtown
Parking Deck) described therein. Garver hereby engages Subconsultant, to perform for Garver,
specific services in connection with said Project in accordance with the terms and conditions of this
Agreement between Garver and Subconsultant hereinafter referred to as "this Agreement." Any and
all other material pertinent to Subconsultant's services will be provided to the Subconsultant as they
become available to Garver.
The Prime Agreement contains certain provisions for performance by Garver as well as other matters.
The provisions of the Prime Agreement such as insurance requirements, time of performance, and
payment for services shall apply to the Subconsultant as indicated herein.
SECTION 2- SCOPE OF SERVICES
The Subconsultant will perform services generally described in the attached Scope of Services from
the Subconsultant dated January 30, 2012. In the event of a conflict between any of the terms in the
Subconsultant's proposal and this Agreement, the terms in this agreement will govern. The
Subconsultant's General Terms and Conditions provided in the referenced proposal are expressly
rejected.
Requirements for the Subconsultant's time of performance in the attached scope of work shall be
consistent with the schedule as outlined in the prime agreement.
Garver is the prime professional with respect to Subconsultant's services to be performed under this
Agreement and is responsible for coordinating Subconsultant's services with the services of Garver's
staff, any and all regulatory and/or funding agencies that may be involved in the project, and with the
Owner.
For additional services outside the scope of services described herein, the Subconsultant and Garver
agree to negotiate the fees and related time extensions, if required, in accordance with the scope of
services to be determined prior to start of the additional services.
SECTION 3- PAYMENT
For the work described herein, except as otherwise agreed to in writing by Garver and the Subconsultant,
Garver will pay the Subconsultant for time spent on the project, at the rates shown in the Subconsultant
proposal for each classification of Subconsultant's personnel plus reimbursable expenses including
but not limited to printing, courier service, reproduction, and travel. The total amount paid to the
Subconsultant under this agreement may not exceed $64,900. The Subconsultant will submit monthly
invoice indicating the amount complete. .
Fayetteville Downtown Parking Deck Page 1 of 5 AFHJ Architects - Subcontract
Garver will bill the Owner monthly. All Subconsultant bills must be received prior to the last Friday of
the month in order to be included in Garver's invoice to the Owner for that month. Payment to the
Subconsultant will be made upon Garver receiving payment from the Owner for the Subconsultant work
included in each invoice.
SECTION 4- GARVER'S RESPONSIBILITIES
In connection with the project, Garver's responsibilities shall include, but not be limited to, the
following:
1. Giving thorough consideration to all documents presented by the Subconsultant and informing
the Subconsultant of all decisions within a reasonable time so as not to delay the work of the
Subconsultant.
2. Making provision for the employees of the Subconsultant to enter public and private lands as
required for the Subconsultant to perform necessary preliminary surveys and other
investigations.
3. Furnishing the Subconsultant such plans and records of construction and operation of existing
facilities, available aerial photography, reports, or copies of the same, related to or bearing on
the proposed work as may be in the possession of Garver. Such documents or data will be
returned upon completion of the work or at the request of Garver.
4. Giving prompt written notice to the Subconsultant whenever Garver observes or otherwise
becomes aware of any defect in the project or other events which may substantially alter the
Subconsultant's performance under this Agreement.
SECTION 5- MISCELLANEOUS
5.1 Instruments of Service Ownership of Documents
Terms of agreement between AFHJ and Garver, for this section, shall match the requirements of the
City of Fayetteville in the prime Agrement between Garver and City of Fayetteville, in that "City of
Fayetteville" will be replaced with "Garver" and "Garver" will be replaced with "AFHJ" in the language
of this section.
The same rights and ownership definitions between AFHJ and Garver will transfer to City of Fayetteville
Fayetteville Downtown Parking Deck Page 2 of 5 AFHJ Architects - Subcontract
5.2 Insurance
The Subconsultant agrees to maintain in force for the life of this Agreement, the following schedule of
insurance:
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability
Bodily Injury and
Property Damage
Professional Liability Insurance
Statutory
$500,000 Each Accident
$1,000,000 Each Occurrence
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
The Subconsultant shall name City of Fayetteville and Garver, LLC as an additional insured on the
Subconsultant's CGL policy.
5.3 Records
The Subconsultant will retain all pertinent records for a period of two years beyond completion of the
project. Garver may have access to such records during normal business hours.
5.4 Indemnity Provision
Garver agrees to indemnify the Subconsultant for damages, liabilities, or costs (including reasonable
attorney's fees) to the extent the damages and costs are caused by the negligent acts, errors, or
omissions of Garver, its other subconsultants, or any other party for whom Garver is legally liable, in
the performance of their professional services under this contract.
The Subconsultant agrees to indemnify Garver for damages, liabilities, or costs (including reasonable
attorneys fees) to the extent the damages and costs are caused by the negligent acts, errors, or
omissions of the Subconsultant, its agents, or any other party for whom the Subconsultant is legally
liable, in the performance of their professional services under this contract.
In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of
Garver and the Subconsultant, they shall be borne by each party in proportion to its own negligence.
5.5 Mediation
In an effort to resolve any conflicts that arise during the design or construction of the project or
following the completion of the project, the Subconsultant and Garver agree that all disputes between
them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless
the parties mutually agree otherwise.
The Subconsultant and Garver further agree to include a similar mediation provision in all agreements
with independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with
subconsultants, subcontractors, suppliers or fabricators so retained, thereby providing for mediation as
the primary method for dispute resolution between the parties to those agreements.
Fayetteville Downtown Parking Deck Page 3 of 5 AFHJ Architects - Subcontract
5.6 Debarment and Suspension
The signer of this contract certifies that to the best of his/her knowledge and belief that the company
that he/she represents and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b)
of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
The signer of this contract understands that a false statement on this certification regarding debarment
and suspension may be grounds for rejection of this proposal or termination of the award. In addition,
under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up
to 5 years, or both.
SECTION 6- CONTROL OF SERVICES
This is an Arkansas Contract and in the event of a dispute concerning a question of fact in connection
with the provisions of this contract which cannot be disposed of by mutual agreement between Garver
and Subconsultant, the matter shall be resolved in accordance with the Laws of the State of Arkansas.
This Agreement may be terminated by either party by seven (7) days written notice in the event of
substantial failure to perform in accordance with the terms hereof by the one (1) party through no fault
to the other party or for the convenience of Garver upon delivery of written notice to the Subconsultant.
If this Agreement is so terminated, the Subconsultant shall be paid for the time and materials expended
to accomplish the services performed to date, as provided in SECTION 3 - PAYMENT; however, the
Subconsultant may be required to furnish an accounting of all costs.
SECTION 7- SUCCESSORS AND ASSIGNS
The Subconsultant and Garver each bind himself and his successors, executors, administrators, and
assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the
Subconsultant nor Garver shall assign, sublet, or transfer their interest in this agreement without the
written consent of the other. Nothing herein shall be construed as creating any personal liability on the
part of any officer or agent of any public body which may be a party hereto.
This Agreement is contingent upon the Prime Agreement being executed and will be terminated
upon termination of the Prime Agreement.
This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
Fayetteville Downtown Parking Deck Page 4 of 5 AFHJ Architects - Subcontract
AFHJ Architects
By:
GARVER, LLC.
Fayetteville Downtown Parking Deck Page 5 of 5 AFHJ Architects - Subcontract
�l
City of Fayetteville Parking Deck
Proposal for Architectural Services
01/30/2012
Mr. Ron Petrie, PE
Senior Project Manager
Garver, LLC
2049 East Joyce Blvd
Suite 400
Fayetteville, AR 72703
Re: City of Fayetteville Parking Structure
Site Selection Phase
Dear Ron,
AFHJ Architects is pleased to submit this proposal for professional services for the above mentioned facility.
AFHJ will provide architectural services required, in coordination with the design team, to complete a site
evaluation study for the four sites mentioned in the City of Fayetteville RFQ statement.
AFHJ will work in coordination with the design team to collect data, define the program, solicit public input
and report on the findings.
In addition AFHJ in association with KBA will incorporate all the finding, in coordination with the design team,
into the site evaluation criteria, develop architectural criteria, prepare site plans and minimum architectural
drawings in order to provide conceptual cost estimates and assist owner in presentations to the council
AFHJ / KBA will also incorporate elements of Sustainable Design as well as potential mixed use potential
into the evaluation criteria for site evaluation and selection
For detailed breakdown of such services including task assignments and fee calculations please refer to
attachment "A". These services are proposed at an hourly rate, not to exceed $64,900 including
reimbursable expenses as noted.
Also attached please find the statement of hourly rates.
We look forward to a successful partnership.
Sincerely Yours,
Laleh Amirmoez, AIA
President
AFF-IJ ARCHITECTS + PLANNERS
Post Office Box 810 Fayetteville, AR 72702 100 West Center Suite 302 telephone 479.442.5565 facsimile 479.442.8849
A!1LIJ
Schedule of Rates & Charges
January 01, 2012 —December 31, 2012
INVOICES for our services are divided into two categories: Labor and Reimbursable
Expenses.
LABOR: Labor charges are made for all client activity directly attributable to a
project. No charge is made for general office administration. Labor charges are
invoiced by category, as follows:
Architectural Services / Interior Design Services
Principal Architect
$130.00
Spec Writer / Field Coordinator
80.00
Architect / Project Coordinator
80.00
Architect Intern
65.00
Interior Designer
50.00
Clerical
40.00
Subject to modification every Twelve (12) months
Post Office Box 810 Fayetteville, AR 72702 100 West Center Suite 302 telephone 479.442.5565 facsimile 479.442.8849
CITY OF FAYETTEVILLE, PARKING DECK
SITE EVALUATION SELECTION
DATE 0
PROGRAMMING MEETING
Administration / Parking / 12 200
Engineering / WAC/ Utilities
Fire Dept - with Garver
PUBLIC INPUT MEETINGS
two meetings in one day
REPORT MEETING
to report findings / finalize prograii
as needed
8
200
1,600
PRESENTATION MEETING
Final Council/ public meeting
8
200
1,600
DATA COLLECTION
Data gathering on historic
2
100
200
information / natural features/
Historic structures/ mixed use
viability/ cultural factors/Zoning
and other regulations/ Green Design
potential that impacts design
and cost
Subtotal 1
$ 5,200
$
7,400
•
FACT ANALYSIS
Study topography/ utilities/
environmental conditions/streets
traffic data/ traffic impact/
4
4
200
100
800
400
vehicular access/ construction
staging/ access provided by others
Incorporate for architectural design
studies on functional efficiency
provided by CW
Incorporate for architectural
design, safety, neighborhood
impact, geotech and infrastructure
provided by others
Incorporate for architectural design
findings under Data Collection
heading above
Coordinate with others in eval.
the three proposed layouts per site
for impact on architectural design,
which will impact the cost
ARCHITECTURAL STUDY
Develop Architectural guidelines 20 200 4,000
for each site adequate for cost 20 100 2,000
estimates, for the selected layout
Develop conceptual site plans in
coordination with others
illustratinq exterior features such
as lighting, signage, landscaping
and design features in coordination
with existing downtown master plan
guidelines, all of which will impact
the cost.
GREEN DESIGN FACTORS
Study elements that may affect 2 200 400
cost 8 100 800
ARCHITECTURAL DESIGN
Architectural elevations, adequate 8 200 1,600
for cost estimating, based on the 32 100 3,200
selected layout for each site, not
site
Contribute to pros and cons matrix 2 200 400
prepared by others 2 100 200
Subtotal 2 $ 10,500 $ 13,800
Programming mtg notes/ reports 8 200
in coord. with Garver/ CW
Public input meeting prep, su
forms, display materials in cc
with others. ex'a conditions
2U0
400
Report on survey and public input
AFHJ lead in coord with others
Report on historic information,
Historical structures/ natural
features that impact the design
and cost
Presentation material for council
meeting power point, hard copies
4 200
4 100
800
400
cost estimates in coord with all
led by AFHJ, one per site
4 200
16 100
800
1,600
Sub Total 3 $ 18,600
$
6,400
Total $ 34,300
$
27,600
Services Total
Reimbursable expenses are
KBA travel costs: Transportation, meals and lodging
Reports hard copy reproduction
Presentation board reproduction costs
Grand Total
$ 61,900
$3,000
$ 64,900
G, Hoskyn, P.O. Box 1248
&1 . INC. Springdale, Linekans s 72765
a Barton 341 West County Line Road 72764
CONSULTING ENGINEERS (479)756-5999
FAX (479) 756-1749
January 30, 2012
Proposal No. 12-006
Garver, LLC
2049 E. Joyce Boulevard, Suite 400
Fayetteville, Arkansas 72703
Attn: Mr. Ron Petrie, P.E.
Senior Project Manager
RE: PROPOSAL for GEOTECHKICAL FEASIBILITY STUDY
PROPOSED PARKING DECK SITES
FAYETTEVILLE, ARKANSAS
Dear Mr. Petrie:
We are pleased to submit this proposal and cost estimate for performing a geotechnical
feasibility study for the proposed parking deck sites for the City of Fayetteville in Fayetteville,
Arkansas. We discussed the scope of this study with you during our meeting of January 16, 2012.
We understand that the City of Fayetteville is planning to build a new parking deck. The
parking deck is anticipated to be a 4 to 6 story structure with about 300 parking spaces. Four. (4)
possible sites have been considered for geotechnical feasibility study. They are West Avenue site
located at the northwest corner of West Avenue and Spring Street, WAC site located at the
northeast corner of West Avenue and Spring Street just south of Walton Arts Center, Spring Street
site located at the southeast corner of Spring Street and West Avenue, and School Avenue site
located on School Avenue north of its intersection with Spring Street.
Geology: The site is located on a fault line. The geology of the site . is the early
Pennsylvanian Period Bloyd Shale and Prairie Grove Member of Hale Formation. The Bloyd
formation consists of: The Brentwood Limestone Member, the Woolsey Member, Dye Shale
Member, Kessler Limestone Member and the Trace Creek Shale Member. The Hale Formation is
made up of two members: a lower Cane Hill member and an upper Prarie Grove member. The
Prairie Grove member is composed of thin to massive, often crossbedded, light gray to dark brown,
limy sandstone or variously sandy limestone and oolitic limestone. The Cane Hill member is
typically composed of dark gray silty shale interbedded with siltstone and thin -bedded fine-grained
sandstone. Some lithologies are locally calcareous. Isolated thick to massively bedded sandstone
sometimes are present. The formation in the general vicinity of these sites has been found to include
numerous clay -filled voids, open cavities and discontinuities.
,For the project, we propose to do the following study as discussed.
(a) Drill a total of twenty (20) sample borings to approximately 70 -ft depth, spread over
one (1) or all of the above -mentioned four (4) sites, obtaining undisturbed soil
Geotechnical and Materials Engineering / Construction Surveillance
GRUBBS,HOSIKYN, BARTON & WYATT, INC.
GHBW PROPOSAL No. 12-006
JANUARY 30, 2012
PAGE 2
samples or Standard Penetration Values at 2- to 5 -ft intervals or at a change in
soil/rock stratum, and also obtaining representative rock cores;
(b) Perform an adequate laboratory testing program planned after the borings are
completed to determine the physical characteristics and engineering properties of the
foundation and subgrade soils and rocks;
(c) Based on the results of the borings, delineate subsurface conditions including
potential voids and other geological anomalies that are of consequence to the
construction of the parking deck;
(d) Evaluate different suitable foundation options for the investigated sites;
(e) Meet with the project team, as needed, to discuss the results of the investigation and
help the project team in the site selection based on geotechnical considerations;
(f) Prepare an engineering report with the results of the borings, subsurface conditions,
seismic classification, geotechnical parameters of significance to the project,
foundation options and site grading and construction criteria.
Charges for the above -outlined services will be based on the enclosed Schedules of Fees.
We estimate the total cost of the investigation will be approximately 76 0 0.
It should be noted that the eastern portion of the WAC site slopes relatively steeply to the
south. Site access to our drilling equipment will warrant some dozer work at a few of the. boring
locations. The above cost estimate includes the cost of a dozer. We will be very careful not to
unnecessarily disturb the site; however, some disturbance to the site should be expected. If unusual
soil or rock conditions are encountered which would materially alter the scope of the study, we will
notify your office or your representative before proceeding with any additional studies.
It should also be noted that very difficult drilling conditions are expected at the site. We
anticipate that the field studies can be completed within four.(4) to six (6) weeks following our
receipt of authorization and notice to proceed. Preliminary information on the field data will be
provided upon completion of drilling. The laboratory work and engineering analyses will be
concluded following the completion of'the •field studies. We estimate that feasibility study report
will be submitted within approximately six (6) to eight (8) weeks after authorization is received.
GRUBBS, HOSKYN, BARTON & WYATT, INC.
GHB W PROPOSAL No. 12-006
JANUARY 30, 2012
PAGE 3
We look forward to being of service to you on this project. If our proposed scope of work
and cost are satisfactory to you, please indicate your authorization by returning one (1) signed copy
of this proposal to our office or providing us with a work order number.
Sincerely,
GRUBBS, JIOSKYN,
BARTON & WYYATT, INC.
Subra T. Bhat, Ph.D., P.E.
Principal/Manager of Springdale Office
Copies submitted: Garver, LLC
Attn: Mr. Ron Petrie, P.E. (e-mail)
Senior Project Manager
Attachments: Schedule 40.01d (Apr 08)
Schedule 42.04 (Apr 11)
Schedule 43.04 (Apr 11)
Schedule 46.02 (Jul 10):
Certificate of Insurance
Date Authorization (Signature) (Printed Name)
GRUBBS, UOSKYN, BARTON & WYATT, INC.
Schedule 40.01 d (April 2008)
Page 1 of 3
I. 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 transportation in our company vehicles, $0.50 per mile
b) 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
STANDARD FEES AND GENERAL CONDITIONS FOR
ENGINEERING AND TECHNICAL SERVICES
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. Costs for repair and/or damages will be
limited as per Section 3.3.
c) Toxic and Hazardous Materials. Client will provide us with all information
within his possession of knowledge as to the potential occurrence of toxic or
hazardous materials at the site being investigated. If unanticipated toxic or
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. Costs for repair and/or damages will be limited as per Section 3.3.
GRUBBS, HOSKYN, BARTON & VVYATT, INC. Schedule 40.01d (April 2008)
Page 2 of 3
3.2 Warranty
a) . Services performed by Grubbs, Hoskyn, Barton & Wyatt, Inc. will be conducted
in a manner consistent with that level of care and skill ordinarily exercised by
• members of the profession currently practicing under similar conditions. No other
warranty, either expressed or implied, is made or intended by our proposal,
• contract, or reports.
b) Client acknowledges that conditions may vary from those encountered at the
location where borings, surveys, or explorations are made and that our data,
interpretations and recommendations are based solely on the infonnation
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, including
professional errors and omissions, will be limited to our liability insurance coverage. A
certificate of insurance is available upon request.
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 bylaw, 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.
3.5 Samples
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.
GRUBBS, HOSKI'N, BARTON & WYATT, INC.
4. Related Services
Schedule 40.OId (April 2008)
Page 3 of 3
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
GRUBBS, HOSKYN, BARTON & R'YATT, INC.
LABORATORY AND FIELD TESTING FEES
Schedule 42.07 (April 2008)
Page 1 of 4
Unit Price
Test No.
CEMENTTESTS........................................................................................................
Quoted on Request
2. AGGREGATE TESTS
Grain Size Tests
2.1. Sieve analysis fine aggregate and soils, through #200 sieve, each sample ..........................$ 50.00
2.2. Percent passing a single sieve, each.................................................................................$
30.00
2.3. Grain size tests, coarse aggregate over 5 lb sample weight .................................................$120.00
............$ 120.00
Properties
2.5. Specific gravity, per ASTM C128 for fine aggregate, each sample .....................................$
60.00
2.6. Specific gravity, per ASTM C127 for coarse aggregate, each sample .................................$
40.00
2.7. Unit weight, each sample.....................................................................................................$
40.00
2.8. Absorption, each sample......................................................................................................$
12.00
2.9. Organic impurities, each sample (ASTM C40)...................................................................$
40.00
2.10. Soft particle, each sample (ASTM- C142)............................................................................$
80.00
2.11. Sand equivalent, each sample........................... ...................................................................$
60.00.
2.12. Flat and elongated particles, each sample (ASTM D4791) .................................................$ 45.00
Abrasion
* 2.12. Los Angeles Machine (ASTM C 131), each sample ............................................................
225.00
*2.12.1. Crushing and preparing sample, if required.............................................................$ 75.00
Soundness
* 2.13. Sulfate or Magnesium soundness test (5 cycles)..................................................................$
500.00
Alkali -Silica Reactivity
* 2.14. Mortar bar test per AASHTO T303 (3 per set), each set .....................................................$ 500.00
3. CONCRETE STRENGTH TESTS
Concrete, Mortar or Grout Compressive Strength
3.1. Cylinder compressive strength test, each.............................................................................$ .7.50
3.2. Saw cutting cylinder for capping, each...............................................................................$ 10.00
3.3. Cube compressive strength, each.....................................................................................$ 10.00
Beam Flexural Strength
3.4. Beam flexural strength test, each.........................................................................................$ 20.00
3.5. "Hold" specimens processed, but not tested, each...............................................................$ 15.00
Strength Estimate
.................. .............
3.6. Schmidt concrete test hammer .................................... ...
. Quoted on Request
3.7. Windsor probe test, $30.00 per location (probe costs) plus hourly rate
............. Quoted on Request
4. CONCRETE MIX DESIGNS
4.1. Compute mix design using previously determined
aggregate properties, each...............................................................................Engineer
Hourly Rate
4.2. Provide mix designlcheck contractors mix design by preparing
trial batch mix using aggregate, admixtures, and cement
furnished for use on project, each batch or each curve point .....................
Technician Hourly Rate
GRUBBS, HOSKYN, BARTON & WYATT, INC. Schedule 42.07 (April 2008)
Page 2 o€ 4
4.3. Confirmatory cylinders made in connection with mix design, each ....................................$ 9.50
All tests of aggregates, cement and admixtures to determine the basic physical properties and suitability
are charged separately.
5. REINFORCING STEEL
5.1. Tension tests....................................................................................................... Quoted on Request
6. CORING SERVICES.............................................................................................Quoted on Request
7. CORE TESTS
7.1. Capping and testing of cores (without sawing ends), each ..................................................$
.. 10.00
7.2. Diamond blade sawing, cores for capping, each..................................................................$ 10.00
8. SOIL AND BASE MATERIAL TESTS
Classification and Index Tests
5.00
8.1.
Water content, per sample....................................................................................................$
8.2.
Liquid and plastic limits, per sample
"40.00
8.2.1 Method B dry preparation........................................................................................$
75.00
8.2.2 Method B wet preparation........................................................................................$
15.00
8.3.
Unit dry weight of sample....................................................................................................$
40.00
8.4.
Specific gravity..........................................................................
.................................$
50.00
8.5.
Sieve analysis through #200 sieve, per sample....................................................:...............$
30.00
8.6.
Percent passing a single sieve, each.....................................................................................$
100.00
8.7.
Hydrometer test, each...........................................................................................................$
8.8.
Double hydrometer, per sample...........................................................................................$150.00
200.00
* 8.9.
Permeability of sand, constant head.....................................................................................$
150.00
* 8.10.
Permeability of silt or clay, falling head ..........................
...................................................$
* 8.11.
Permeability — Flexwall Test (undisturbed sample)...........................................................$ 210.00
* 8.12.
Permeability— Flexwall Test (remolded sample)...............................................................$ 250.00
60.00
* 8.13.
Laboratory soil resistivity....................................................................................................$
20.00
* 8.14.
pH...........................................................................................................
........................$
30.00
8.15.
Saw Cut Shelby Tube...........................................................................................................$
binder,
50.00
8.16.
Preparation of sample or base material each............................................................$
8.17.
Sample preparation for soil with admixture, including
45.00
admixtures and curing, per sample............................................................................
.....$
Compaction and Control Tests
8.18. Optimum moisture and density relationship
8.18.1. Standard compaction effort, per sample..................................................................$ 120.00
8.18.2. Modified compaction effort, per sample..................................................................$ 140.00
8.19. Laboratory relative density using vibratory table.................................................................$ 150.00
8.20. In -place density and moisture using nuclear equipment ......... Included In Hourly Technician Rate
8.21. Lime modification optimum(LMO)................................................................... Quoted on Request
8.22. Sample preparation: soil mixtures and curing.....................................................................$ 45.00
Strength Tests .$ 170.00
8.23. California bearing ratio (CBR), per specimen (Proctor cost NOT included) .....................
8.24. Sample preparation: soil admixtures and curing for
GRUJBBS, HOSKYN, BARTON & WYATT, INC.
Schedule 422.07 (April 2008)
Page 3 of 4
compaction and strength tests, each batch or moisture point ..............................................$ 45.00
8.25.
Soil -cement or soil -asphalt tests..........................................................................
Quoted on request
8.26.
Unconfined compression, soil.............................................................................................$
30.00
8.27.
Unconfined compression, rock (with saw cutting cost) .......................................................$
45.00
8.28.
Unconsolidated-undrained — triaxial .................................................................................$
35.00
* 8.29.
Consolidated-undrained — triaxial......................................................................
Quoted on Request
* 8.30.
Consolidated -drained — triaxial..........................................................................
Quoted on Request
* 8.31.
Consolidated -drained — direct shear.....................................................................................$
200.00
* 8.32.
Residual strength — direct shear........................................................................................$
300.00
* 8.33.
Multi -stage test for triaxial or direct shear ....................................................
Two Times Test Price
Volume Change Tests.
250.00
* 8.33.
Consolidation......................................................................................................................$
150.00
* 8.34.
Swell test, swell pressure and percent swell .......................................................................$
9. ASPHALTIC CONCRETE MIX DESIGNS
* 9.1.
Provide mix design using aggregates and asphalt
furnished for use on project, Marshall Method..................................................................$2,500.00
* 9.2.
Compute mix design using previously determined
aggregate properties such as gradation, specific gravity,
and other design factors, each........................................................................................
Hourly Rate
10. ASPHALTIC CONCRETE TESTS
Density and Stability Tests
10.1. Molding test specimens (3 per set), each set or sample.......................................................$ 100.00
10.2. Determine laboratory density or percent voids, each set or sample .....................................$ 60.00
10.3. Determine Marshall stability (3 per set), each set or sample ...............................................$ 60.00
10.4. Flow value (3 per set), each set or sample...........................................................................$ 20.00
Control Tests
10.5. Extraction (percent of bitumen and aggregate gradation) ....................................................$ 135.00
10.6. Laboratory density on field -cut specimen trimmed .to .size in
laboratory (field cutting of specimens are charged separately) .............................................$ 20.00
10.9. In place density of asphalt course using nuclear
equipment................................................................................................................ Hourly Rate
11. MASONRY TESTS
Masonry Compressive Strength
11.1. Mortar cube compressive strength, each........................................................... .....$10.00
11.2. Masonry grout compressive strength, each................................................................ ........$10.00
* 11.3. Masonry prism strength, each...............................................................................................$85.00
* 11.4. Masonry unit block strength, each..........................................................................................$40.00
Masonry Mortar Mix Verification
* 11.5 Mix preparation and casting cubes per ASTM C-270 with flow test,
each set (does not include strength test cost)........................................................................$120.00
* 11.6 Water retention test (does not include mix preparation cost) .................................................$60.00 $60.00
GRUBBS, HOSKYN, BARTON & WYATT, INC.
Schedule 42.07 (April 2008)
Pace 4 of 4
12. SPECIAL TESTS
Tests not listed above are performed, whether outside our laboratory at cost plus 15 percent or on an
hourly basis (see Schedule 46.02 for Hourly Rates for Engineering and Technical Personnel).
(1) Securing samples at local projects, plant or from supplier's stock will be charged at an hourly rate
for the technician plus travel at $0.50 per mile.
(2) Rush assignments requiring unscheduled overtime are subject to a 50 percent surcharge.
* These tests are performed only in our Little Rock Laboratory. Additional charges for shipping or
transporting samples from our Springdale Laboratory may be applicable.
GRUBBS,IJOSKYN, BARTON & WYATT, INC.
Schedule 43.04 (April 2011)
Page 1 of 2
FIELD CHARGES FOR FOUNDATION INVESTIGATIONS
1. Mobilization and demobilization of three-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 (GHBW 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-man crew and pickup truck .................................................. $2.00/mi
2. Drilling and Sampling
2.1. Soil borings, with 3 -man crew, including geotechnical
technician; 3 -in. thin -walled tube sampler in clay and 2 -in.
split -barrel sampler in sand; 0 to 100 -ft depth; sampling at 2 -ft
intervals to 10 -ft depth and at 5 -ft intervals below 10 ft
2.1.1. Truck rig.......................................................................................... $13.75/ft
2.1.2. Buggy rig........................................................................................ $16.25/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 ............... $150.00/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..................................:................................................................ $18 5.00/hr
5.2. Buggy rig................................................................................................. $200.00/hr
5.3 Site Cleanu.................................................................... $185.00/hr
GRUBBS, HOSKYN, BARTON & WYATT, INC. Schedule 43.04 (April 2011)
Pn�e 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 (dry auger methods) ....................................................
$185.00/hr
6.1.2. Truck rig (rotary wash methods) ..................................................
$200.00/hr
6.1.3. Buggy rig ............................................... ...............................
$200.00/hr
6.2.
Drilling using hand portable equipment ...................................................
$140.00/hr
6.3.
Wash borings, no sampling, 0-100 ft ..........................................................
$10.00/ft
6.4.
Undisturbed samples in wash borings........................................................
$25.00/ea
6.5.
Machine auger borings w/disturbed samples 0-20 ft .................................... $9.50/ft
6.6.
Rock Drilling and Coring
6.6.1. Setting casing through overburden, as required ..............................$1 $10.50/ft
6.6.2. Continuous coring, 0-100 ft............................................................$37.50/ft
6.6.3. Wash rotary through rock, 0-100 ft .................................................
$21.50/ft
7. Other Charges
7.1. Per diem expense allowance for exploration crews when
quartered away from base................................................................$85.00/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
gainaccess..............................................................................................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.
GRUBBS, HOSKYN, BARTON & WYATT, INC.
CONSULTING ENGINEERS
Schedule 46.02 (July 2010)
Page 1 of 1
HOURLY RATES FOR
ENGINEERING AND TECHNICAL PERSONNEL
Hourly Rates
SeniorPrincipal ........................ ......................................................... $125 to $150
Principals..........................................................................................$110 to $130
EngineerManagers ................ .............................................................. $95 to $115
ProjectEngineers.................................................................................. $85 to $105
StaffEngineers ...................... ............................................................... $65 to $85
Technician Supervisor............................................................................. $65 to $75
SeniorTechnicians.................................................................................. $55 to $65
CMT or Geotechnical Technicians.............................................................. $50 to $60
Engineering Aides and Draftspersons..........................................................$35 to $50
NOTES:
(1) Travel to and from the job site will be based on an hourly rate for the technician or
engineer, plus mileage at $0.50 per mile or a minimum $10.00 trip charge.
(2) Overnight expenses will be charged at $85.00 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.
City of Fayetteville, Arkansas v11.0425
Budget Adjustment Form
Budget Year Division: Utilities Director Request Date Adjustment Number
2012 I
Department: Utilities Director 2/21/2012
BUDGET ADJUSTMENT DESCRIPTION I JUSTWICATION
Budget needed to begin site selection for Entertainment District parking deck. Selection committee chose Garver
Engineers to do the work on 1/11/2012.
Prepared By:
Division
Head
Date
djurgens
Reference:
t
i for
Date
Budget & Research Use Only
'Z
Type: A B C D E
P
Depa
ent irector
Date
o,iJ O.
fit; 6 $ % t Z
General Ledger Date
FinanEs
Dir or
Date
.'2/4 /
Posted to General Ledger
Chie
if �
Date
Initial
Date
�=�--_
Checked / Verified
ayor
to
Initial
Date
TOTAL BUDGET ADJUSTMENT 255,900 255,900
Increase / (Decrease)
Account Name Account Number Expense Revenue
Use of fund balance 2130.0913.4999.99 255,900
**ADD**Professional services 2130.9132.5314.00 255,900
EXHIBIT
Project.Sub
Number
11028 . 1201
G:\Divs\WSIP\Capital ProjectslParking Deck\BA for site selection engineer 01202012 1 1 of 1
Comments:
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/21/2012
City Council Meeting Date
Agenda Items Only
David Jurgens Parking Utilities
Submitted By Division Department
$ 255,900 $ 300,000 Entertainment District Parking Deck
Cost of this request Category / Project Budget Program Category / Project Name
2130.9132.5314.00 $ - Entertainment District Parking Deck
Account Number Funds Used to Date Program / Project Category Name
11028.1201 $ 300,000 Off -Street Parking
Project Number
Budgeted Item
Remaining Balance
Budget Adjustment Attached
Fund Name
3)QL I2, Previous Ordinance or Resolution #
Date
Original Contract Date:
� Original Contract Number:
Date
o LL2--
Finance and Internal Services Director Date Received in Cit�i 2-03 -1 2 P03:57 R CV
Clerk's Office
-9-i
Date
Received in
Mayor's Office
ate
Revised January 15, 2009
•
fayLe
ARKANSAS�
To:
Thru:
From:
Date:
Subject:
Fayetteville City Council
Mayor Lioneld Jordan
Don Marr, Chief of Staff
David Jurgens, Utilities Director
February 3, 2012
Garver Engineers Parking Deck Site valuation and Preliminary Design Contract for $235,900
CITY COUNCIL AGENDA MEMO
MEETING DATE OF FEBRUARY 21, 2012
THE CITY OF FAYETTEVILLE, ARKANSAS
RECOMMENDATION
City Staff recommends approving a contract with Garver, LLC, not to exceed $235,900, for the preliminary site
evaluation of the downtown parking deck, and approve a $20,000 contingency and a budget adjustment.
BACKGROUND
The City of Fayetteville is constructing a parking deck in the downtown area/entertainment district, specifically
on one of four City -owned lots within two blocks of Dickson Street to relieve current parking shortfalls and
allow for increased parking demand in the area. The deck is expected to contain roughly 300 spaces. A request
for qualifications for professional design services was published in November, 2011; eleven statements of
qualification were received in December. The selection committee interviewed four firms, ultimately selecting
the team led by Garver engineers. Engineering services under this selection will cover all three phases for the
overall outcome of a designed parking deck in downtown Fayetteville: Phase 1, Site Selection & Preliminary
Design; Phase 2, Schematic Design & Project Development; and Phase 3, Construction Administration
Services.
DISCUSSION
This specific contract is for Phase 1, Site Selection & Preliminary Design, with the objective of providing the
City Council an impartial comparison of the four sites being considered. This work will include several public
input sessions and meetings, including two on site, geotechnical services, conceptual site and functional layouts,
and costs associated with each in order to allow the City to make the best informed decision for where the deck
will be constructed. Upon completion of this work, a recommendation and report will be presented to the City
Council to obtain a decision on the final location for construction. Upon receiving the Council's decision, the
next phases of work — design and construction phase services — will be negotiated.
BUDGET IMPACT
Funding for this portion of the contract — preliminary design and site assessment — is coming from existing
parking revenues. Funding for the remainder —final design and construction- is programmed to come from a
revenue bond that will be issued after the preliminary design and site selection is complete. These funds will be
available in project 11028.
Garver Park Deck CCMemoJanl2
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH GARVER, LLC IN AN
AMOUNT NOT TO EXCEED $235,900.00 FOR PRELIMINARY SITE
EVALUATION, DESIGN, AND CONSTRUCTION ADMINISTRATION OF A
DOWNTOWN/ENTERTAINMENT DISTRICT PARKING DECK,
APPROVING A $20,000.00 PROJECT CONTINGENCY, AND APPROVING
A BUDGET ADJUSTMENT
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 a
contract with Garver, LLC, a copy of which is attached as Exhibit "A", in an amount not to
exceed $235,900.00 for preliminary site evaluation, design, and construction administration of a
downtown/entertainment district parking deck, and approves a $20,000.00 project contingency.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "B".
PASSED and APPROVED this 21St day of February, 2012.
Z.]ila 13
ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City Of Fayetteville - Purchase Order (PO) Request
Requisition o.:
Date:
2/3/2012
(Not a Purchase Order)
All purchases under $2500 shall be used on a P -Card unless medical or 1099 service related. (Call x256 with questions)
Number:
Expected Delivery Date:
All PO Request shall be scanned to the Purchasing e-mail: Purchasing@ci.fayetteville.ar.us
Vendor #:
Vendor Name:
Mail
52650
Garver Engineers
Yes:_ XX No:
Address:
Fob Point:
Taxable
Quotes Attached
1088 E. Milsap Road
Yes:_ No:_XX
Yes: No:_XX_
City:
State:
Zip Code:
Ship to code:
Divisiq Head Approval:
Fayetteville
AR
72703
Requester:
Requester's Employee #:
Exten ion:
David Jurgens
490
fi 330
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Numbers
ProjetLtlSubproject #
Inventory #
Fixed Asset #
1
Professional Services
1
235,900.00
$235,900.00
2130.9132.5314.00
11028.1201
2
$0.00
3
$0.00
4
$0.00
5
$0.00
6
$0.00
7
$0.00
8
$0.00
9
$0.00
10
$0.00
„
Shipping/Handling
Lot
$0.00
Special nstructions:
Subtotal: $235,900.00
Tax:
Total: $235,900.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Finance & Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager: Other:
Revised 1/2/2008