HomeMy WebLinkAbout184-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 184-17
File Number: 2017-0437
GARVER, LLC PROFESSIONAL ENGINEERING SERVICES AGREEMENT:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
GARVER, LLC IN THE AMOUNT OF $39,950.00 FOR DESIGN, BIDDING AND CONSTRUCTION
PHASE SERVICES RELATED TO THE MEADOW STREET PARKING DECK REHABILITATION
PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $38,150.00
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 professional
engineering services agreement with Garver, LLC in the amount of $39,950.00 for design, bidding and
construction phase services related to the Meadow Street Parking Deck Rehabilitation Project, and further
approves a project contingency in the amount of $38,150.00.
PASSED and APPROVED on 9/5/2017
Attest:
Sondra E. Smith, City Clerk. TreasurTff�►���
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Page 1 Printed on 916117
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i Text File
— File Number: 2017-0437
Agenda Date: 9/5/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 9
GARVER, LLC PROFESSIONAL ENGINEERING SERVICES AGREEMENT:
A RESOLUTION
TO APPROVE A
PROFESSIONAL ENGINEERING
SERVICES AGREEMENT
WITH GARVER,
LLC IN THE
AMOUNT OF $39,950.00 FOR
DESIGN, BIDDING AND
CONSTRUCTION
PHASE SERVICES
RELATED TO THE MEADOW
STREET PARKING DECK
REHABILITATION
PROJECT, AND
TO APPROVE A PROJECT
CONTINGENCY IN THE
AMOUNT OF $38,150.00
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 professional
engineering services agreement with Garver, LLC in the amount of $39,950.00 for design, bidding and
construction phase services related to the Meadow Street Parking Deck Rehabilitation Project, and further
approves a project contingency in the amount of $38,150.00.
City of Fayetteville, Arkansas Page 1 Printed on 9/612017
I
City of Fayetteville Staff Review Form
2017-0437
Legistar File ID
9/5/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Justin Clay 8/10/2017 PARKING MANAGEMENT (430)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of the engineering contract and contingency with Garver Engineering, LLC for design work associated with
the Meadow Street Parking Deck improvements project and RFQ 16-01.
Account Number
15004
Budget Impact:
Fund
Meadow Street Parking Deck Improvments
Project Number Project Title
Budgeted Item? Yes Current Budget $ 211,350.00
Funds Obligated $ -
Current Balance 2'11,350,700
Does item have a cost? Yes Item Cost $ 78,100.00
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget 133,:590600
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
FAYETTEVILLE
fltlffoo
ARKANSAS
MEETING OF SEPTEMBER 5, 2017
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
Peter Nierengarten, Sustainability & Parking Director
FROM: Justin Clay, Parking Manager
DATE: August 10, 2017
SUBJECT: Approval of the engineering contract and contingency with Garver
Engineering, LLC for design work associated with the Meadow Street
Parking Deck Improvements project and RFQ 16-01.
RECOMMENDATION:
Staff recommends approval of (1) the engineering contract with Garver Engineering, LLC in
the not -to -exceed amount of $39,950 and (2) an engineering project and contract contingency
of $38,150 in the event repair needs to the exit ramp are identified. The total request is
$78,100.
BACKGROUND:
The Meadow Street Parking Deck was constructed in the late 1970's in conjunction with the
construction of the (then) Hilton Hotel. In September of 2004, the City contracted with Walker
Parking Consultants for the design and oversight of restoration work on the deck. In June
2005, Midland Construction -was awarded the restoration contract that included concrete
repairs, shoring, latex modified concrete placement and patching, trowel applied concrete
repairs, sealants, waterproofing, expansion joints, supplemental floor drains, painting and
miscellaneous other repairs to the Meadow Street Parking Deck.
More recent observations of the parking deck have identified several maintenance issues that
have developed since the deck was last repaired. Those issues include concrete beam cracks
and spalls, exposed rebar, spalling of the concrete ceiling in several locations, concrete
deterioration on ramps, ponding of water on roof level and major deterioration of stairs.
In February 2016, Garver Engineering was contracted for $19,500 to perform a professional
structural evaluation of the Meadow Street Parking Deck.
DISCUSSION:
Garver Engineering conducted a visual structural inspection of the Meadow Street Parking
Deck on March 1, 2016 and provided a structural evaluation of the deck on April 20, 2016 (click
the Attachment A link to view the report). The structural evaluation identified several necessary
repairs, provided repair recommendations and offered an opinion of probable construction cost
to complete those repairs.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Among other issues the structural evaluation noted and provided repair cost estimates for:
• Several water ponding, infiltration and drainage issues
• Exposed steel reinforcement materials
• Structural deterioration of columns and walls
• Cracked concrete beams
• Spalling Concrete
• Rusting stairwells
Many of these issues are the result of weatherization and general aging of the parking deck.
The evaluation noted that most of the issues are not currently structurally significant but can
create long-term maintenance problems if not proactively addressed.
Subsequent to the Structural Evaluation, Garver also provided guidance on scope and cost for
roof top drainage repairs and ramp repairs.
On February 23, 2017 Garver was formally selected as part of RFQ 16-01 for the Meadow
Street Deck repair work. On July 31, 2017 Garver submitted a signed agreement (see
attachment B) with substantially reduced cost estimates and scope of work as the result of staff
and Garver negotiations. These reductions are reflected in the requested amounts.
BUDGET/STAFF IMPACT:
Budgeted funds for design work are available in the Meadow Street Parking Deck
Improvements project (project 15004). Additional funds for the construction portion of these
repairs have been requested as a 2018 CIP item.
Attachments:
Attachment_A Meadow Street Parking Deck Report _Garver �2016.4.20
(Note: this file is quite large and takes a few minutes to open)
Attachment B_Meadow Street Parking Deck Rehab Agreement -Garver -2017.7.31
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of Q— 5' . 2017, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and GARVER, LLC (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY.OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER'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 ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
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 ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Garver Engineering Services Agreement 1 Meadow Street Parking Deck Rehabilitation
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER:
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The Parking Manager is the CITY OF FAYETTEVILLE's project representative with respect
to the services to be performed under this Agreement. The Parking Manager 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.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER 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. ENGINEER 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 ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $39,950. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Unit Price basis as described in
Appendix B. The hourly rates shown in Appendix B will be increased annually with the first
increase effective July 1, 2018.
5.2 Statements .
5.2.1 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 ENGINEER'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 Engineering Services Agreement 2 Meadow Street Parking Deck Rehabilitation
ENGINEER 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.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER'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 ENGINEER 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
5.4.1 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, ENGINEER 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 ENGINEER 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 ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1,1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Tyne of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injtuy 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 Engineering Services Agreement 3 Meadow Street Parking Deck Rehabilitation
ENGINEER 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 ENGINEER 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 ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER 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 ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER 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, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER'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 ENGINEER.
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.
Garver Engineering Services Agreement 4 Meadow Street Parking Deck Rehabilitation
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER 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,
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 ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, 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 ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER 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, ENGINEER
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 ENGINEER 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 ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill 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.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Garver Engineering Services Agreement 5 Meadow Street Parking Deck Rehabilitation
6.7 Rights and Benefits
6.7.1 ENGINEER'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 ENGINEER 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
ENGINEER 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 ENGINEER 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
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 ENGINEER 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 of ENGINEER 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 ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER'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 ENGINEER CITY OF FAYETTEVILLE may require
Garver Engineering Services Agreement b Meadow Street Parking Deck Rehabilitation
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER'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 ENGINEER 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 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER 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 ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER 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.
6.13 Notices
6.13.1 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
ENGINEER's address:
Garver, LLC
2049 E. Joyce Blvd, Suite 400
Fayetteville, AR, 72703
Garver Engineering Services Agreement / Meadow Street Parking Deck Rehabilitation
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER 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
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 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.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER 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 ENGINEER a purchase order, no preprinted terms thereon shall
-become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, 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 ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of -design drawings,
specifications, reports and other set -vices furnished hereunder shall not in any way relieve
ENGINEER 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.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER'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 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILL_ E may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Garver Engineering Services Agreement 8 Meadow Street Parking Deck Rehabilitation
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 ENGINEER 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. ENGINEER shall also maintain the financial information and data used by
ENGINEER 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. ENGINEER 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.
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 ENGINEER;
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
7.4.1 ENGINEER 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 ENGINEER 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
Garver Engineering Services Agreement 9 Meadow Street Parking Deck Rehabilitation
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 ENGINEER or any of
ENGINEER'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 ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
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 the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER 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 ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 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, ENGINEER 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, LLC, by its authorized officer have made and executed this Agreement as of the day and year
first above written.
GARVER, LLC
Digitally signed by
Ronald S. Petrie
(9v 5a Date: 2017.07.31
11:16:16-05'00'
ATTEST:
By.' T • Ear, le: Sr. Pro"ect Manager
City Clerk •• •,?
MY ETT EVILI.[. •��
END OF AGREEPviEl i XDR PROFESSIC•'JNk ENGINEERING SERVICES
Garver Engineering Services Agreement 1111111 t 11} V Meadow Street Parking Deck Rehabilitation
T
APPENDIX A — SCOPE OF SERVICES
2.1 General
Generally, the scope of services includes design, partial bidding services, and partial construction
support services for improvements to the City of Fayetteville Meadow Street Parking Deck.
Improvements will consist primarily of the rehabilitation of the parking deck as described in the 2016
Study.
2.2 Surveys
Surveying Services are excluded from the scope of services.
2.3 Geotechnical Services
Geotechnical Services are excluded from the scope of services.
2.4 Coordination
Garver will also attend coordination meetings with the City of Fayetteville and other agencies as
required. Garver will prepare exhibits for these meetings when appropriate.
2.5 Environmental Services
Environmental Services are excluded from the scope of services.
2.6 Conceptual Design
The conceptual design phase submittal is excluded for this project. Garver will proceed directly to
- Final Design.
2.7 Preliminary Design
The preliminary design phase submittal is excluded for this project. - Garver will proceed directly to
Final Design.
2.8 Final Design
The final design phase will include preparation of final schematic drawings to direct a contractor in the
implementation of the repair items as specified in the report titled Structural Evaluation of the Meadow
Street Parking Deck, dated April 201h, 2016. Garver will work with the City regarding which of the
optional items the City wishes to pursue. Garver will also produce final construction specifications, for
one construction contract, including final construction details and quantities, special provisions, and
opinion of probable construction cost.
The scope of services includes the design for spot repairs within the deck and ramp. It does NOT
include structural engineering design for the replacement of the ramp or significant structural repairs
within the deck structure. If the City determines that .these areas require additional engineering, an
amendment to the agreement may be processed to add these scope of service items.
2.9 Bidding Services
During the bidding phase of the project, Garver will:
1. Support the contract documents by responding to requests for information from potential
bidders and preparing addenda as appropriate.
Appendix A - Scope of Services 1 of 3 16047030
Meadow Street Parking Deck Rehabilitation
2. Attend the bid opening.
2.10 Construction Phase Services - Partial
During the construction phase of work, Garver will accomplish the following:
1. Attend up to eight (8) progress/coordination meetings with the City of Fayetteville/Contractor.
2. Evaluate and respond to construction material submittals and shop drawings. Corrections or
comments made by Garver on the shop drawings during this review will not relieve Contractor
from compliance with requirements of the drawings and specifications. The check will only be for
review of general conformance with the design concept of the project and general compliance
with the information given in the contract documents. The Contractor will be responsible for
confirming and correlating all quantities and dimensions, selecting fabrication processes and
techniques of construction, coordinating his work with that of all other trades, and performing his
work in a safe and satisfactory manner. Garver's review shall not constitute approval of safety
precautions or constitute approval of construction means, methods, techniques, sequences,
procedures, or assembly of various components. When - certification of performance
characteristics of materials, systems or equipment is required by the Contract Documents,
either directly or implied for a complete and workable system, Garver shall be entitled to rely
upon such submittal or implied certification to establish that the materials, systems or
equipment will meet the performance criteria required by the Contract Documents.
3. Issue instructions to the Contractor on behalf of the City of Fayetteville and issue_ necessary
clarifications (respond to RFIs) regarding the construction contract documents.
4. Prepare and furnish record drawings.
5. Provide up to 10 hours of qualified Garver personnel time for on-site meetings to assist the
City of Fayetteville during the construction contract performance time. If the City of
Fayetteville wishes to increase the time or frequency of the onsite meetings, the City of
Fayetteville will pay Garver an additional fee agreed to by the City and Garver.
S. Participate in final project inspection, prepare punch list, review final project closing
documents, and submit final pay request.
2.11 Project Deliverables
The following will be submitted to the Owner, or others as indicated, by Garver:
-1- Three copies of the Final Design with opinion of probable construction cost.
2. Three copies of -the Final Plans and Specifications to the Contractor.
3- Two copies of approved shop drawings/submittals from the Contractor.
4. One hard copy set of Record Drawings.
5. Electronic files as requested.
2.12 Extra Work
The following items are not included under this agreement but will be considered as extra work
1. Redesign for the Owner's convenience or due to changed conditions after previous alternate
direction and/or approval.
2. Submittals or deliverables in addition to those listed herein.
3. Design of any utilities relocation.
4. Retaining walls or other significant structural design beyond that required to address the
deficient items as listed in the 2016 Study.
5. Design of the replacement of the vehicle parking garage ramp(s).
6. Street lighting or other electrical design.
7. Preparation of a Storm Water Pollution Prevention Plan (SWPPP).
8. Construction materials testing.
9. Environmental Handling and Documentation, including wetlands identification or mitigation
Appendix A - Scope of Services 2 of 3 16047030
Meadow Street Parking Deck Rehabilitation
plans or other work related to environmentally or historically (culturally) significant items.
10. Services after construction, such as warranty follow-up, operations support, etc.
11. Addressing any repair items not covered in the report titled Structural Evaluation of the
Meadow Street Parking Deck, dated April 201h, 2016
Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as agreed upon
by the Owner and Garver.
2.13 Schedule
Garver shall begin work under this Agreement within ten (10) days of a Notice to
Proceed and shall complete the work on a mutually agreeable schedule.
Appendix A - Scope of Services 3 of 3 16047030
Meadow Street Parking Deck Rehabilitation
pi
RVER
APPENDIX B
Meadow Street Parking Deck Rehabilitation
Garver Hourly Rate Schedule
Classification
Rates
Engineers / Architects
E-1...............................................................................
$ 102.00
E-2--- ... ... - ............... .........................
$ 118.00
E-3...............................................................................
$ 144.00
E4- ............. -.,.-,- ............ .............. ......
$ 167.00
E-5...............................................................................
$ 205.00
E.6...,_ ......................... ............ ................. ........... ,.......
$ 255.00
E-7...............................................................................
$ 317.00
Planners I Environmental Specialist
P-1...............................................................................
$ 124.00
P-2...............................................................................
$ 155.00
P-3...............................................................................
$ 192.00
P-4 ............... ....................._..........................................
$ 218.00
P-5 .................. ............. ................... ...... ........ ..............
$ 252.00
P-6........ . ... __..................__.._............- ... _
$ 288.00
Designers
D -1---r ............. --- .......... ........... -- .........
$ 95.00
D-2- ...................................... .......................... ...........
$ 112.00
D-3. ......... ................................,.,....................,,,...........
$ 133.00
D-4 ........... ...... .................. ... ...........I ...... I ........... ... ,
$ 155.00
Technicians
T-1 ........... .................... -............................. .................
$ 75.00
T-2. ........... ............. ... - ........ -- ....
$ 92.00
T-3--.-- ... ....... ................. .............................
$ 112.00
Surveyors
S-1...,..„ ........................... .:..,:......................... ..............
$ 46.00
S-2 ................... ..... ........ ....... ---- .... ......... ........... .,..
$ 60.00
S-3 ................ ...:.............. ..._.......................... ...............
$ 80.00
S-4---- ....... -- ...... .......... .... -- ......... --
$ 116.00
- S-5...............................................................................
$ 155.00
S-6...............................................................................
$ 174.00
2 -Man Crew (Survey) ...... .......................... -.....................
S 186.00
3 -Man Crew (Survey)........................................................
$ 232.00
2 -Man Crew (GPS Survey)., . ... .........................................
$ 206.00
3 -Man Crew (GPS Survey) .... --- ............. ........ ._..----------
$ 252.00
Construction Observation
C -'I ............................. ................. __._.......
$ 90.00
C-2..............................................................................
$ 115.00
C-3 ............... ................................................................
$ 141.00
C-4 ... .................... ..._.......... ................. _............... ......
$ 174.00
Management/Administration
M-1
$ 324.00
X-1...............................................................................
$ 59.00
X-2..............................................................................
$ 79.00
X-3 ....................................... ............... - ................
$ 110.00
X-4.. .............. ...................,............................,..,.,........
$ 140.00
X-5- ...... ............................ - ......... ...... ...... .......... --
$ 172.00
X-6 ............................ :...... .................................... ........
$ 216.00
Agreement for Professional Services
Meadow Street Parking Deck Rehabilitation Garver Project No. 16047030
APPENDIX B
CITY OF FAYETTEVILLE
MEADOW STREET PARKING DECK REHABILITATION
FEE SUMMARY
Title I Services
Estimated Fees
Surveys
$0.00
Conceptual Design
$0.00
Preliminary Design
$0.00
Final Design
$29,600.00
Bidding Services
$2,950.00
Subtotal for Title I Services
$32,550.00
Title II Services
Construction Materials Testing
$0.00
Construction Phase Services
$7,400.00
- Subtotal for Title II Services
$7,400.00
LA2016\16047030 - Meadow Street Parking Deck Study\Contracts\Client\Draft\Design Agreement\APPENDIX B - Garver Fee
Spreadsheet - Design and Construction - jtw-reduced scope
APPENDIX B
CITY OF FAYETTEVILLE
MEADOW STREET PARKING DECK REHABILITATION
FINAL DESIGN
WORK TASK DESCRIPTION
E-6
$255.00
hr
E-4
$167.00
hr
E-3
$144.00
hr
E-2
$118.00
hr
E-1
$102.00
hr
T-1
$75.00
hr
D-4
$155.00
hr
1. Civil Engineering
Coordination and Meetings with Owner
4
12
Front -End Specifications/Contract Documents
12
Quantities
2
12
Opinion of Probable Construction Cost
4
12
Subtotal - Civil Engineering
4
30
0
24
0
0
0
:2. Mechanical Engineering
Roof drainage rreroute away from ramp
8
Subtotal - Mechanical Engineering
0
8
0
0
0
0
0
3. Structural Engineering
Drawing Preparation/Photo Coordination/Deck Layout
18
4
Structural Site Observation
8
2
2
Structural Design
15
11
Structural Detailing
15
17
Repair Product Recommendations/Specs
30
QC
jr4
Subtotal - Structural Engineering
16
2
0
80
0
0
32
Hours 20 40 0 104 0 0 32
Salary Costs $5,100.00 $6,680.00 $0.00 $12,272.00 $0.00 $0.00 $4,960.00
SUBTOTAL - SALARIES:
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $358.00
Postage/Freight/Courier $0.00
Travel Costs $230.00
$29,012.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $588.00
TOTAL FEE: $29,600.00
APPENDIX B
CITY OF FAYETTEVILLE
MEADOW STREET PARKING DECK REHABILITATION
BIDDING SERVICES
WORK TASK DESCRIPTION
E-6
$255.00
hr
E-4
$167.00
hr
E-3
$144.00
hr
E-2
$118.00
hr
E-1
$102.00
hr
T-1
$75.00
hr
D-4
$155.00
hr
1. Civil Engineering
Dispense plans and specs to prospective bidders - N/A
Addendums/Inquiries
8
Bid Opening
2
Prepare bid tabulation - N/A
Evaluate bids and recommend award - N/A
Prepare construction contracts - N/A
Notice to Proceed - N/A
Subtotal - Civil Engineering
0
10
0
0
0
0
0
2. Structural Engineering
Addenda/Inquiries
8
2
Subtotal - Structural Engineering
0
0
0
8
0
0
2
Hours
10
Salary Costs $0.00 $1,670.00 $0.00 $944.00 $0.00 $0.00 $310.00
SUBTOTAL - SALARIES: $2,924.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $16.00
Postage/Freight/Courier $0.00
Travel Costs $10.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $26.00
TOTAL FEE: $2,950.00
APPENDIX B
CITY OF FAYETTEVILLE
MEADOW STREET PARKING DECK REHABILITATION
CONSTRUCTION PHASE SERVICES - PARTIAL
WORK TASK DESCRIPTION
E-6
$255.00
hr
E-4
$167.00
hr
E-3
$144.00
hr
E-2
$118.00
hr
E-1
$102.00
hr
T-1
$75.00
hr
D-4
$155.00
hr
1. Civil Engineering
Preconstruction Meeting
2
2
Progress Meetings with Contractor/Cit - N/A
Monthly Pay Requests (4 months)
Shop Drawings/Material Submittals
4
Record Drawings
2
2
On -Site Meetings upon request
10
Final Project Inspection and Punchlist
2
Subtotal - Civil Engineering
2
20
0
0
0
2
0
.2. Structural Engineering
Response to Inquiries
2
12
2
Shop Drawings/Material Submittals
12
Subtotal - Structural Engineering
2
0
0
0
24
0
2
Hours
Salary Costs
SUBTOTAL - SALARIES:
DIRECT NON -LABOR EXPENSES
4 20 0
$1,020.00 $3,340.00 $0.00
- $7,268.00
Document Printing/Reproduction/Assembly $92.00
Postage/Freight/Courier $0.00
Travel Costs $40.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $132.00
TOTAL FEE: $7,400.00
0 24 2 2
$0.00 $2,448.00 $150.00 $310.00
Smith, Lorinda
From: Olson, Leif
Sent: Thursday, September 07, 2017 9:20 AM
To: Smith, Lorinda
Subject: Resilience Meeting in room 111
Lorinda, the CofF Sustainability Department is working with the U of A Sustainability team on a project called "University
of Arkansas and City of Fayetteville Climate Resilience Assessment". A part of this project is to assemble five stakeholder
groups to solicit feedback on their areas of expertise. The meetings will be approximately 2 hours. Here are the dates
and times that would work best for us. Please let me know what the availability of room 111 is for these dates and
times. Thank you, Leif
11
Tues. Sept 19th —10 am to noon
Wed. Sept 20th —10 am to noon
Tues Sept 26th —10 am to noon
Wed Sept 27th —10 am to noonj'a-L�
Tues Oct 3rd —1 pm to 3 pm 3 a'lP
Wed Oct 4th —10 am to noon3?-(-4
Thurs Oct 5th - 10 am to noon * SP -W
Fri Oct 6th —10 am to noon vp 5;L4—.P
1
Contract Agreement with
City of Fayetteville Staff Review Form Garver Engineering
2020-0077
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Justin Clay 1/22/2020 PARKING MANAGEMENT (430)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approving a change order to the professional engineering services contract agreement with Garver Engineering
and to increase the agreement amount $13,550 for additional services associated with the Meadow Street
Parking Deck Rehabilitation project.
2130.430.9130-5819.00
Account Number
15004
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
2130
Fund
Meadow Street Parking Deck Improvements
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 218,307.67
$ 157,974.45
$ 60,333.22
$ 13,550.00
$ 46,783.22
V20180321
Purchase Order Number: 2017-00000623 Previous Ordinance or Resolution # 184-17
Change Order Number:
Original Contract Number: 2017-00000028
Comments:
Approval Date:
1/27/2020
Aft
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Peter Nierengarten, Environmental Director
CC: Wade Abernathy, Facility and Building Projects Manager
FROM: Justin Clay, Parking Manager
DATE: January 22, 2020
STAFF MEMO
SUBJECT: Approving a change order to the professional engineering services
contract agreement with Garver Engineering and to increase the agreement
amount $13,550 for additional services associated with the Meadow Street
Parking Deck Rehabilitation project.
RECOMMENDATION:
Staff recommends approving a change order to the professional engineering services contract
agreement with Garver Engineering and to increase the agreement amount $13,550, from
$120,050 to $133,600, for additional services associated with the Meadow Street Parking Deck
Rehabilitation project.
BACKGROUND:
On September 5, 2017, the City Council approved Resolution 184-17 authorizing a professional
services agreement with Garver in the amount of $39,950 for the design, bidding, and
construction phase services related to the Meadow Street Parking Deck Rehabilitation project.
On August 21, 2018, the City Council approved Resolution 177-18 to award Bid #18-41 and
authorize a contract with Steve Beam Construction, Inc. (Steve Beam Construction), in the
amount of $291,477 for construction work associated with the Meadow Street Parking Deck
Rehabilitation project.
On November 8, 2018, Change Order #1 to the contract with Steve Beam Construction was
approved for additional concrete patching, crack repair, and steel repair as well as topping
slabs, curb openings, and an x-ray of the north stairwell block walls. This change order also
reflected deductions resulting in a net $28,024 increase to the agreement amount. This
increase fell within the continency amount that was already budgeted and approved under
Resolution 177-18.
On January 15, 2019, the City Council approved Resolution 20-19 to amend the professional
services agreement with Garver in the amount of $80,100 and approved a contingency in the
amount of $8,010 to provide services for originally unforeseen conditions associated with the
deck's exit ramp and north stairwell tower.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
On June 4, 2019, the City Council approved Resolution 133-19 which authorized Change Order
#2 to the contract with Steve Beam Construction in the amount of $190,690 to perform
additional remedial work associated with the exit ramp and north stairwell. A $19,069
contingency was also approved.
DISCUSSION:
Following the demolition of the northwest stair tower, exploration was performed in the areas of
the proposed foundation grade beams and piers. The existing parking deck columns adjacent to
the new stair tower were found to be sitting on large spread footings. These existing spread
footings conflicted with the proposed foundation grade beams and piers. Additional geotechnical
exploration was necessary to determine the limits, composition, and presence of rebar in the
existing spread footings. During excavation near the spread footings a layer of sandstone was
found approximately 2 -ft below grade. One additional boring was taken at the center of the stair
tower to determine the extents/depth of this sandstone layer.
Following the findings from the geotechnical exploration the foundation system was redesigned
using similar construction materials and methods. As such, no additional construction costs are
expected as a result of this necessary redesign.
This proposed change order reflects the additional geotechnical services and additional on-site
construction services associated with the redesigned foundation of the north stairwell.
BUDGET/STAFF IMPACT:
None. This change order amount is within the contingency amount that has been budgeted and
approved for the design phase of this project.
Attachments:
Garver Change Order #2
GARVER
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville
Fayetteville, Arkansas
Project No. 16047031
CONTRACT AMENDMENT NO. 2
This Contract Amendment No. 2, effective on the date last written below, shall amend the original
contract between the City of Fayetteville (Owner) and GARVER, LLC (GARVER), dated September
5, 2017 referred to in the following paragraphs as the original contract.
This Contract Amendment No. 2 adds professional services for the:
Rehabilitation of the Meadow Street Parking Deck — Following the demolition of the northwest
stair tower, exploration was performed in the areas of the proposed foundation grade beams and
piers. The existing parking deck columns adjacent to the new stair tower were found to be sitting
on large spread footings. These existing spread footings conflicted with the proposed foundation
grade beams and piers. Additional geotechnical exploration is necessary as outlined below to
determine the limits, composition, and presence of rebar in the existing spread footings. During
excavation near the spread footings a layer of sandstone was found approximately 2 -ft below
grade. One additional boring is planned at the center of the stair tower to determine the
extents/depth of this sandstone layer. Following the findings from the geotechnical exploration
the foundation system will be redesigned using similar construction materials and methods.
The original contract is hereby modified as follows:
SECTION 5 — PAYMENTS TO ENGINEER
Section 5 of the original contract is hereby amended as follows:
The maximum not -to -exceed amount as specified in Section 5.1 shall be increased $13,550 from
$120,050 to $133,600.
APPENDIX A — SCOPE OF SERVICES
The following items shall be added to the Scope of Services as detailed in Appendix A of the original
contract:
2.3 Geotechnical Services
Garver will subcontract with Terracon Consultants, Inc. to provide additional geotechnical services
associated with the Meadow Street Parking Deck Northwest Stair Tower replacement. Proposed Services
include:
• Provide a maximum allowable bearing capacity recommendation based upon observing the
exposed soils beneath the existing column footings near the northwest stair tower and
compare them to what was encountered and tested in the Terracon Report No. 04195031.
• One (1) planned boring to 20 -ft. near the center of the northwest stair tower to confirm presence
of sandstone and provide recommendations for a maximum allowable bearing capacity based
Contract Amendment No. 2 1 of 2
Meadow Street Parking Deck Garver Project No. 16047031
CARVER
on the obtained subsurface information.
• Ground Penetrating Radar (GPR) services to scan two (2) existing spread foundations of the
existing parking deck structure near the northwest stair tower. The intent of the GPR is to show
the presence, location, spacing, and size of reinforcement within the existing spread
foundations.
2.10 Construction Phase Services —Partial
During the construction phase for the additional work, Garver will provide the following additional services:
■ Provide up to 34 additional hours for on-site meetings and inspections to assist the City during the
construction contract performance time of the North Stair Tower.
■ Review additional pay applications and final closeout documents for the project.
2.12 Extra Work
The following items are not included under this agreement but will be considered as extra work:
1. Hourly work in addition to the specific time limitations during the construction phase.
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.
IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the
date last written below.
Printed Name
Title: _ Mayor
Date: 1/27/2020
GARVER, LLC
By: S�a
Signature
Name: Ronald S. Petrie
Printed Name
Title: Sr. Project Manager
Date: 1/21/2020
Attest: �G�ERK%T��,�Attest:
Cf
q
Contract Amendment No. 2 �•,�G'T NS AS •'.,,•�
Meadow Street Parking Deck f��i,�N' o NG
Garver Project No. 16047031
APPENDIX B
Meadow Street Parking Deck
Garver Hourly Rate Schedule: July 2019 - June 2020
Classification
Rates
Engineers /Architects
E-1..............................................................................
$ 108.00
E-2..............................................................................
$ 126.00
E-3..............................................................................
$ 152.00
E-4..............................................................................
$ 178.00
E-5..............................................................................
$ 217.00
E-6..............................................................................
$ 272.00
E-7..............................................................................
$ 361.00
Planners / Environmental Specialist
P-1..............................................................................
$ 131.00
P-2..............................................................................
$ 164.00
P-3..............................................................................
$ 204.00
P-4..............................................................................
$ 232.00
P-5..............................................................................
$ 268.00
P-6..............................................................................
$ 306.00
P-7..............................................................................
$ 370.00
Designers
D-1..............................................................................
$ 101.00
D-2..............................................................................
$ 118.00
D-3..............................................................................
$ 141.00
D-4..............................................................................
$ 164.00
Technicians
T-1..............................................................................
$ 79.00
T-2..............................................................................
$ 100.00
T-3..............................................................................
$ 122.00
Surveyors
S-1..............................................................................
$ 49.00
S-2..............................................................................
$ 64.00
S-3.............:................................................................
$ 86.00
S-4......................................................................:.......
$ 124.00
S-5..............................................................................
$ 164.00
S-6..............................................................................
$ 186.00
2 -Man Crew (Survey)......................................................
$ 198.00
3 -Man Crew (Survey)......................................................
$ 247.00
2 -Man Crew (GPS Survey) ...............................................
$ 218.00
3 -Man Crew (GPS Survey) ...............................................
$ 267.00
Construction Observation
C-1..............................................................................
$ 96.00
C-2..............................................................................
$ 123.00
C-3..............................................................................
$ 150.00
C-4..............................................................................
$ 185.00
Management/Administration
M-1
$ 370.00
X-1..............................................................................
$ 62.00
X-2..............................................................................
$ 84.00
X-3..............................................................................
$ 117.00
X-4..............................................................................
$ 150.00
X-5..............................................................................
$ 183.00
X-6..............................................................................
$ 231.00
X-7..............................................................................
$ 279.00
Agreement for Professional Services
Meadow Street Parking Deck -Amendment No. 2 Garver Project No. 16047031
APPENDIX B
CITY OF FAYETTEVILLE
MEADOW STREET PARKING DECK
AMENDMENT NO. 2
FEE SUMMARY
Title II Services
Construction Materials Testing
$0.00
Estimated Fees
$0.00
Construction Phase Services
Original
Amendment
Amendment
Title I Services
Agreement
No. 1
No. 2
Geotechnical Services (Terracon)
$0.00
$2,600.00
$6,150.00
Surveys .
$0.00
$0.00
$0.00
Conceptual Design
$0.00
$0.00
$0.00
Preliminary Design
$0.00
$0.00
$0.00
Final Design
$29,600.00
$0.00
$0.00
Final Design (Stair Tower)
$0.00
$51,200.00
$0.00
Final Design (Ramp)
$0.00
$17,350.00
$0.00
Bidding Services
$2,950.00
$0.00
$0.00
Subtotal for Title I Services
$32,550.00
$71,150.00
$6,150.00
Title II Services
Construction Materials Testing
$0.00
$0.00
$0.00
Construction Phase Services
$7,400.00
$0.00
$0.00
Construction Phase Services (Stair Tower)
$0.00
$5,700.00
$7,400.00
Construction Phase Services (Ramp)
$0.00
$3,250.00
$0.00
Subtotal for Title II Services
$7,400.00
$8,950.00
$7,400.00
Totals $39,950.00 $80,100.00 $13,550.00
L:\2016\16047031 - Meadow Street Parking Deck Rehab\Contracts\Client\Draft\Amendment No. 2\APPENDIX B - Meadow Street Parking Deck
Amendment 2.xlsx
APPENDIX B
CITY OF FAYETTEVILLE
MEADOW STREET PARKING DECK
CONSTRUCTION PHASE SERVICES - STAIR TOWER ADDITIONAL SERVICES
WORK TASK DESCRIPTION
E-6
$272.00
hr
E-5
$217.00
hr
E-4
$178.00
hr
E-3
$152.00
hr
E-2
$126.00
hr
1. Civil Engineering
Review Monthly Pay Requests and Final Pay Request
4
On -Site Meetings and Coordination with Contractor
20
Final Project Inspection and Punchlist
2
4
Subtotal - Civil Engineering
2
0
28
0
0
2. Structural Engineering
Response to Inquiries
4
Final Project Inspection and Punchlist
8
Subtotal - Structural Engineering
0
0
0
0
12
Hours
Salary Costs
SUBTOTAL - SALARIES:
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
Travel Costs
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
2 0 . 28
$544.00 $0.00 $4,984.00
$7,040.00
$60.00
$300.00
$360.00
SUBTOTAL: $7,400.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $7,400.00
ki
0 12
$0.00 $1,512.00