HomeMy WebLinkAbout276-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 276-18
File Number: 2018-0699
GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH GARVER, LLC IN THE AMOUNT OF $19,800.00 FOR THE PRELIMINARY SITE ANALYSIS
OF A DOWNTOWN PARKING DECK, AND TO APPROVE 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 professional
engineering services agreement with Garver, LLC in the amount of $19,800.00 for the preliminary site
analysis of a downtown parking deck.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 12/18/2018
Attest:
Sondra E. Smith, City Clerk Treasurer
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
I
/ Text File
— File Number: 2018-0699
Agenda Date: 12/18/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: D. 4
GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH GARVER, LLC IN THE AMOUNT OF $19,800.00 FOR THE PRELIMINARY SITE ANALYSIS
OF A DOWNTOWN PARKING DECK, AND TO APPROVE 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 professional
engineering services agreement with Garver, LLC in the amount of $19,800.00 for the preliminary site analysis
of a downtown parking deck.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 1211912018
City of Fayetteville Staff Review Form
2018-0699
Legistar File ID
12/18/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Justin Clay 11/29/2018 PARKING MANAGEMENT (430)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approving a resolution to authorize a contract with Garver, LLC, not to exceed $19,800, for the preliminary site
analysis of a downtown parking deck, and to approve a budget adjustment.
1010.090.6600-5314.00
Account Number
18028
Project Number
Budgeted Item? No
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Budget Impact:
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
1010
Fund
Site Analysis - New Parking Structure (Cultural
Arts Corridor)
Project Title
Current Budget
$
Funds Obligated
$ -
Current Balance
Item Cost
$ 19,800.00
Budget Adjustment
$ 19,800.00
Remaining Budget
-
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
rt ARKANSAS
DECEMBER 18, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Justin Clay
DATE: November 29, 2018
CITY COUNCIL MEMO
SUBJECT: Approving a resolution to authorize a contract with Garver, LLC, not to
exceed $19,800, for the preliminary site analysis of a downtown parking
deck, and to approve a budget adjustment.
RECOMMENDATION:
Staff recommends approving a resolution to authorize a contract with Garver, LLC, not to
exceed $19,800, for the preliminary site analysis of a downtown parking deck, and to approve a
budget adjustment.
BACKGROUND:
In 2018, the City Council approved a contract with Nelson Byrd Woltz Landscape Architects for
design services for the Cultural Arts Corridor (CAC) Project. Several preliminary design
concepts reimagined the West Ave. surface parking lot as a civic space whereby much, and in
some cases all, of the existing surface parking would be removed. To replace such a loss of
parking, a new parking structure will need to be in place prior to any CAC -related construction
work on the West Ave. parking lot. This site analysis is the first step in determining potential
locations for a new parking structure and the number of parking spaces each location is likely to
provide.
DISCUSSION:
Garver, LLC's selection and subsequent contract negotiation was based on a review of
previously submitted qualifications pursuant to City policy PU-12.6. The scope of work
associated with this contract includes the evaluation of possible parking configurations and
other site details for up to five (5) viable locations (based on CAC survey responses) within the
Entertainment District to determine the number of parking spaces that could feasibly be
contained in a future parking deck for each site. Additionally, the contract authorizes Garver,
LLC to:
A. Review the available contour information for each site;
B. Determine the buildable area for each site based on site boundaries, easements, and
building setbacks as documented in the City GIS database;
C. Based on the site contours and site buildable area, provide a two-dimensional layout of a
parking deck footprint with an approximate number of spaces for a typical level; and
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
D. Determine the feasibility of duplicating the 290 existing parking spaces located within the
West Ave. parking lot for each site.
Upon completion of this work, a report will be submitted to further guide decision-making on a
new parking deck location.
BUDGET/STAFF IMPACT:
A budget adjustment from General Fund Reserves in the amount of $19,800 will be necessary
to fund this contract.
Attachments:
Garver Contract for Site Analysis
Budget Adjustment
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as o' 1I 2018, 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- L1TH0RI'LATI0N 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 cloc 4 Fayetteville Parking DLA Site Study
SECTION 3 - RESPONSIBii,I'i'IES OF CITY OF FAYET`I'I;VILLE
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 HNGINEER'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
FAYETTFVILLE 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.
SECTIONS- PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is . 19.800. 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, 2019.
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 Hngineering Services Agteement.doc 2 Fayetteville Parking Deck Site Study
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:
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 LiabMay
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$ 1,000,000 Each Clai in
Garver Engineering Services Agreement.doc 3 Payetleville Parking Deck Site Study
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 ENGINF.,ER.
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 Agreenicnt.doc 4 Fayetteville Parking Deck Site Study
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 Agreemenr.duc 5 Fayetteville Parking Deck Site Study
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 FAYETTEVI.LLE may require
Garver Engineering Services Agreernent.doc 6 Fayetteville Parking Deck Site Study
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 FAYE77EVILLE 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
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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 services 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 FAYETTEVILLE 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
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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
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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 pave 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.
CITY OF FAYE EVIJ I,E,-ARKANSAS GARVER, LLC
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Mayr ioneld ]ord
ATTEST:
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By:- t` Title: Sr. Project Manatocr
City Clerk
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END OF AA
�'.(3FESSI(:)NAL ENGINEERING SE RVICF..S
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Garver Engineering Services Agro add� 10 Fayetteville Parking Deck Site Study
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APPENDIX A — SCOPE OF SERVICES
1. General
Generally, the scope of services includes the study of up to five (5) potential sites within the Fayetteville
Entertainment District to determine the number of parking spaces that feasibly could be contained in a
future parking deck for each site.
2. Surveys
Surveys are excluded from the scope of services.
3. Geotechnical Services
Geotechnical Services are excluded from the scope of services.
4. Coordination
Garver will attend two (2) coordination/presentation meetings with the City and other agencies as
required. Garver will prepare exhibits for these meetings when appropriate.
5. Environmental Services
Environmental Services are excluded from the Scope of Services.
6. Parking Deck Study Phase
The Parking Deck Study phase will include the following items:
A. Meet with City Staff to determine the sites to be evaluated as a part of the Study.
B. Review the available contour information for each site.
C. Determine the buildable area for each site based on site boundaries, easements, and building
setbacks as documented in the City GIS data base.
D. Based on the site contours and site buildable area, provide a two dimensional layout of a
parking deck footprint with an approximate number of spaces for a typical level.
E. Determine the feasibility of duplicating the number of existing parking spaces located within the
lot to the west of the Walton Arts Center for each site.
F. Summarize the findings in a written report.
Garver will utilize all available information contained in the Downtown Parking Deck Site Selection
Study prepared in 2012 for any of the sites that may overlap.
7. Project Deliverables
The following will be submitted to the Owner, or others as indicated, by Garver:
A. Three (3) copies of the Parking Deck Study Summary of Findings Report.
B. Electronic files as requested.
8. Extra Work
The following items are not included under this agreement but will be considered as extra work:
A. Restudy for the Owner's convenience or due to changed conditions after previous alternate
direction and/or approval.
B. Meetings and deliverables in addition to those listed herein.
C. Environmental Handling and Documentation, including site assessments or wetlands
Appendix A - Scope of Services 1 of 2 19T21000
Fayetteville Parking Deck Site Study
identification or mitigation plans or other work related to environmentally or historically
(culturally) significant items.
D. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
E. Opinion of Probable Costs and/or Cost Analysis for the sites.
F. Design of Improvements.
G. Evaluation of existing infrastructure.
H. Schematic Sketches of Building/Parking Deck Profiles.
Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner
and Garver.
9. Schedule
Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall
complete the work in accordance with the schedule below:
Phase Description Calendar Days
Parking Deck Study — Final Report 45 days from start date
Appendix A - Scope of Services 2 of 2
Fayetteville Parking Deck Site Study
19T21000
APPENDIX B
Fayetteville Parking Deck Site Study
Garver Hourly Rate Schedule: July 2018 - June 2019
Classification
Rates
Engineers I Architects
E-1 ............ ...........::.:..:....._.................. ......... ..........
$ 105.00
E2......._ .:..................... ................................ ..........
$ 122.00
E-3 ................. ................ :.......... .............................
.. $ 148.00
E-4............................................................. .....
.. $ 173.00
E-5............................................................... .......
$ 210.00
E-6..............................................................
$ 264.00
E-7............................................................................
$ 351.00
Planners 1 Environmental Specialist
P-1 ... ... ... ............... .......................................................
$ 127.00
P-2..... - - . - . - - . . ............................... •-• •
•. $ 159.00
P-3 ........ ................. ......... ................. I.......... ..........
$ 198.00
P-4.............................................................
$ 225.00
P-5.-._ ............... _ .......... ...... _ ........................ ........
$ 261.00
P-6 ..............................................• ......................
5 297.00
P-7...............................................................
.. $ 359.00
Designers
D-1..........................................................................
$ 99.00
D-2...........................................................................
3 115.00
D-3 .... ........... ................................ _........ ....................
. $ 137.00
D-4 ..................................................................... .....
5 159.00
Technicians
T-1 ......................... ...._......... ..... ........................
.... $ 77.00
T-2..........................................................................
$ 97.00
T-3 .... ....... ......::................................ ...
$ 119.00
Surveyors
S-1 ...........................•.......:... ............ ............ _......
$ 47.00
S-2.......................................................................
... $ 62.00
S-3.........................................................................
$ 84.00
S-4 ................................... ............:.............................
$ 120.00
S-5 ......................... ............... .....................................
$ 159.00
S-6 .......................... • ... ... ... ........ .......... I ........ ..........
$ 181.00
2 -Man Crew (Survey)...... ...... ............................ .. ........
$ 192.00
3 -Man Crew (Survey) ... ........ ---.............................
$ 239.00
2 -Man Crew (GPS Survey)....................... ..................
$ 212.00
3 -Man Crew (GPS Survey) .......................................
$ 259.00
Construction Observation
C-1 ............................................... ..............
$ 93.00
$ 119.00
C-3................._......_........................-..................
$ 146.00
C-4.........................................................................
$ 179.00
Management/Administration
M-1
$ 359.00
X-1.........,........... ......... .
$ 60.00
X-2 ......... ......................• ..... ------ .... .....
$ 82.00
X-3 ......... ........_.._. _.,........................................
... $ 114.00
X-4 ....................... :...:............ ................. ..............
$ 145.00
X-5 ..................................... ... ............................
.. $ 178.00
iC-6.... •........:..,_...._......................... .............
$ 227.00
X-7. ........ _- ........
.....$ 270.00
Agreement for Professional Services
Fayetteville Parking Deck Site Study Garver Project No. 19T21000
APPENDIX B
CITY OF FAYETTEVILLE
FAYETTEVILLE PARKING DECK SITE STUDY
WORK TASK DESCRIPTION
E-6
$264.00
hr
E-5
$210.00
hr
E-4
$173.00
hr
E-3
$148.00
hr
E-2 E-1
$122.00 $105.00
hr hr
T-1
$77.00
hr
1. Civil Engineering
Site Determination Meeting
3
5
Acquire and review Contour Information
1
5
2
Determination of Site Buildable Area (5 sites)
1
8
12
Develop two dimensional layouts (5 sites)
3
16
24
Parking Space comparisons
1
5
Prepare Written Summary Report
2
16
8
Present Findings to City Staff
3
5
2
QC Review
2
Subtotal - Civil Engineering
16
0
60
0
0 48
r 0
Hours 16 0 60 0 0 48 0
Salary Costs $4,224 $0 $10,380 $0 $0 $5,040 $0
SUBTOTAL - SALARIES: $19,644.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $120.00
Postage/Freight/Courier $0.00
Travel Costs $36.00
SUBTOTAL - DIRECT NON -LABOR EXPENSE $156.00
SUBTOTAL: $19,800.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $19,800.00
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 PARKING MANAGEMENT (430)
2018
Requestor: Justin Clay
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
$19,800 is being requested to contract with Garver, LLC, for preliminary site analysis of a downtown parking deck in
anticipation of necessary replacement parking associated with the Cultural Arts Corridor project.
RESOLUTION/ORDINANCE
COUNCIL DATE: 12/18/201 E
LEGISTAR FILE ID#: 2018-0699
11/29/2018 11:33 AM
Budget Director Date
TYPE: D - (City Council)
DESCRIPTION:
G LDAT E:
POSTED/CHKD:
TOTAL 19,800 19,800 v.20181127
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
1010.090.6600-5314.00 19,800 - 18028 1 EX Professional Services -
1010.001.0001-4999.99 - 19,800 RE Use Fund Balance - Current
H:\Budget Adjustments\2018_Budget\CITY_COUNCIL\2018-12-18\2018-0699 BA Site Analysis - New Parking Structure 1 of 1