HomeMy WebLinkAbout238-19 RESOLUTIONOF fAYErTF
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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 238-19
File Number: 2019-0533
RFQ #19-01 GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
GARVER, LLC, PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $438,950.00 TO PROVIDE
SURVEYING, DESIGN, ENGINEERING, ARCHITECTURAL, AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE ADDITION OF A FOUR FIELD BASEBALL COMPLEX
AND PARKING LOT AT KESSLER MOUNTAIN REGIONAL PARK, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $61,050.00, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Garver, LLC, pursuant to RFQ # 19-01, in the amount of
$438,950.00 for surveying, design, engineering, architectural and construction administration services for
the addition of a four field baseball complex and parking lot at Kessler Mountain Regional Park, and
further approves a project contingency in the amount of $61,050.00.
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 10/15/2019
Page 1 Printed on 10/16/19
File Number: 2019-0533
Resolution 238-19
Attest:
Lisa Branson, Deputy CityRK
Al ;•'G\T Y p
FAYETTEVILLE:
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Page 2 Printed on 10/16/19
n City of Fayetteville, Arkansas 113 West Mountain Street
•._ ` Fayetteville, AR 72701
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Text File
\ — File Number: 2019-0533
Agenda Date: 10/15/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 3
RFQ 419-01 GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH GARVER, LLC, PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $438,950.00 TO
PROVIDE SURVEYING, DESIGN, ENGINEERING, ARCHITECTURAL, AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE ADDITION OF A FOUR FIELD BASEBALL COMPLEX
AND PARKING LOT AT KESSLER MOUNTAIN REGIONAL PARK, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $61,050.00, 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, pursuant to RFQ # 19-01, in the amount of $438,950.00 for
surveying, design, engineering, architectural and construction administration services for the addition of a four
field baseball complex and parking lot at Kessler Mountain Regional Park, and further approves a project
contingency in the amount of $61,050.00.
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 1011612019
Ted Jack
Submitted By
City of Fayetteville Staff Review Form
2019-0533
Legistar File ID
10/15/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/25/2019
Submitted Date
Action Recommendation:
PARKS & RECREATION (520)
Division / Department
Staff recommends approval of a contract with Garver Engineering of Fayetteville, AR (RFQ #19-01, Selection #19) to
provide surveying, design, engineering, architectural, and construction administration services for construction of a
new four -field baseball complex and parking per the approved master plan at Kessler Mountain Regional Park for
$438,950.00, plus a contingency of $61,050.00 for a total cost not to exceed $500,000.00 and to approve a budget
adjustment for the project.
Budget Impact:
4605.860.7502-5806.00
4605 -
Park Project 2019 Bond
Account Number
Fund
46050.7502.1000
Kessler Mountain
Regional Park, Baseball/Parking
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 11,153,726.00
Funds Obligated
$ 3,256,500.77
Current Balance
$ 7,897,225.23 1
Does item have a cost? Yes
Item Cost
$ 500,000.00
Budget Adjustment Attached? Yes
Budget Adjustment
$ -
Remaining Budget
l $ 7,397,225.23
V20180321
Purchase Order Number:
Previous Ordinance
or Resolution # RFQ #19-01, #19
Change Order Number:
Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 15, 2019
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Ted Jack, Park Planning Superintendent
DATE: September 25, 2019
SUBJECT: Approval of a contract with Garver Engineering of Fayetteville, AR (RFQ
#19-01, Selection #19) to provide surveying, design, engineering, architectural, and
construction administration services for construction of a new four -field baseball
complex and parking per the approved master plan at Kessler Mountain Regional Park
for $438,950.00 plus a contingency of $61,050.00 for a total cost not to exceed
$500,000.00 and to approve a budget adjustment for the project.
RECOMMENDATION:
Staff recommends approval of a contract with Garver Engineering of Fayetteville, AR (RFQ #19-
01, Selection #19) to provide surveying, design, engineering, architectural, and construction
administration services for construction of a new four -field baseball complex and parking per the
approved master plan at Kessler Mountain Regional Park for $438,950.00 plus a contingency of
$61,050.00 for a total cost not to exceed $500,000.00 and to approve a budget adjustment for
the project.
BACKGROUND:
Kessler Mountain Regional Park was designed to be a premier Regional Park able to host a
variety of athletic and cultural events for citizens and visitors to Fayetteville. In phase one, the
first of two planned four -field baseball complexes were completed. The addition of the four fields
will enable Kessler to better serve the citizens of Fayetteville and to host much larger
tournaments.
DISCUSSION:
Currently citizens, in particular youth, play baseball at three different locations, Kessler, White
River, and Walker Park. This project will place eight baseball fields in one location which will
help consolidate leagues and allow field space at Walker Park to be utilized for tournaments,
practice, other sports such as kickball or softball, or repurposed entirely. This project will place
eight baseball fields in one location which will allow all the city's baseball leagues to be hosted
in one location. Some field space at Walker Park can then be repurposed. Large baseball
tournaments have been shown to have substantial economic impact and Kessler is well
positioned off Interstate 49 to host tournaments. Its location also helps insure a large
percentage of visitors will utilize hotels and restaurants located in Fayetteville further increasing
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
economic impact. This project includes using artificial turf on the infields which helps reduce
rainouts and day-to-day maintenance.
BUDGET/STAFF IMPACT:
The addition of the new fields will require an increase in park operations budgets.
Attachments:
Staff Review Form
Budget Adjustment Form
Contract
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of )J OC 1 Okf , 2019, 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.
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:
Garver Contract— Professional Engineering Services 1 9/24/2019
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 his 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 Provide such professional legal, accounting, financial, and insurance counseling services
as may be required for the Project.
3.1.6 The Parks & Recreation Director is the CITY OF FAYETTEVILLE's project
representative with respect to the services to be performed under this Agreement. The
Parks & Recreation Director shall have complete authority to transmit instructions,
receive information, interpret and define CITY OF FAYETTEVILLE's policies and
decisions with respect to materials, equipment, elements and systems to be used in the
Project, and other matters pertinent to the services covered by this Agreement.
3.1.7 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 shall be based upon the
Hourly Rates as described in Appendix B.
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 -
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract— Professional Engineering Services 2 9/24/2019
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 Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
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.
Garver Contract —Professional Engineering Services j 9/24/2019
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 tenninating party, provided that no termination may
be effected unless the other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be tenninated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
Garver Contract —Professional Engineering Services 4 9/24/2019
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 affected 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 affected by ENGINEER, or if termination for convenience is
affected 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 Contract — Professional Engineering Services 5 9/24/2019
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
Garver Contract — Professional Engineering Services 6 9/24/2019
may require deletion of proprietary data or confidential information from such
publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold
approval. The cost of 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,
disks of CADD drawings and cross sections, estimates, specification field notes, and 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, drawings, and specifications 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:
125 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
2049 E. Joyce Blvd, Suite 400
Fayetteville, Arkansas 72703
Garver Contract — Professional Engineering Services 7 9/24/2019
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 out of or relating to this Agreement or the breach thereof will be
Garver Contract— Professional Engineering Services 8 9/24/2019
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 contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
Garver Contract — Professional Engineering Services 9 9/24/2019
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.
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.
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
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
By: / — 4 gv - ,
Senior Project Manager, Ron Petrie
```������ �r ► ��� Project tanager, Zach Moore
R
6\1 Y C,C
FAYETTEVILLE;_
END OF AGREEXIVN� FOR P�gtESIONAL ENGINEERING SERVICES
yv . /'kA NS; •. �`�.
J
APPENDIX A — SCOPE OF SERVICES
1. General
Generally, the scope of services includes surveying, design, bidding, and construction administration
services for design of Phase 2 of the Kessler Mountain Regional Park. Improvements will consist
primarily of the design of four new lighted baseball fields along with a central facility for concessions &
restrooms, storage building, bleachers with overhead canopy, batting cages, parking lot with
landscaping and lighting, irrigation, and sanitary sewer plant expansion.
2. Surveys
2.1. Design Surveys
Garver will provide field survey data for designing the project, and this survey will be tied to the Owner's
control network. Extents of the survey were provided by the Owner and shown in Appendix C.
Garver will conduct field surveys, utilizing radial topography methods, at intervals and for distances at
and/or along the project site as appropriate for modeling the existing ground, including locations of
pertinent features or improvements. Garver will locate buildings and other structures, streets, drainage
features, trees over eight inches in diameter, visible utilities as well as those underground utilities
marked by their owners and/or representatives, and any other pertinent topographic features that may
be present at and/or along the project site. Garver will establish control points and benchmarks for use
during construction.
2.2. Prooertv Survevs
Garver will utilize the existing site boundary survey previously prepared by the Owner.
3. Geotechnical Services
Garver will be subconsultant with Terracon Consultants, Inc. to provide geotechnical services for this
project. The scope of services for the geotechnical services is further described below:
• Drill a total of 10 borings — 3 in the parking lot area to 5-ft in depth or auger refusal; 2 in the
future infield areas to 10-ft depth or auger refusal; 1 at the concession building area and 2 at
the ballfield light pole areas to 15-ft in depth or auger refusal; and 2 in the cut slope area on
the west side of the project site to 40-ft in depth or auger refusal. Undisturbed soil samples or
Standard Penetration Values at 2- to 5-ft intervals or at a change in soil stratum will be obtained
for all soil borings.
• Site reconnaissance, boring lay out, and access.
• Perform an adequate laboratory testing program planned after the borings are completed to
determine the physical characteristics and engineering properties of the foundation and
subgrade soils.
• Prepare an engineering report with recommendations for pavement design, site grading,
building foundation recommendations, light pole foundation recommendations, slope stability
analysis and recommendations, and construction criteria.
4. Coordination
Garver will furnish plans to all known utility owners potentially affected by the project through the Large
Scale Development process. Garver shall provide coordination among all known affected utility owners
to enable them to coordinate efforts for any necessary utility service & potential relocations. Garver will
include the surveyed locations of the observable and marked utilities in the construction plans. Garver
Appendix A - Scope of Services 1 of 5 19T21090
Kessler Mountain Regional Park, Phase 2
will also include proposed and/or relocated utility information in the construction plans as provided by
the utility companies.
Garver will furnish final plans to the following agencies: ADEQ, USFWS, Department of Health, and
SHPO for their review and comment.
Garver will also attend coordination meetings with the Owner and other agencies as required. Garver
will prepare exhibits for these meetings when appropriate.
5. Environmental Services
Garver will utilize the previously performed wetland delineation for the entire project. Garver will work
to obtain the appropriate environmental permits for the project from the Arkansas Department of
Environmental Quality (ADEQ) and to obtain clearance from the US Fish and Wildlife Service (USFWS)
and the State Historic Preservation Office (SHPO). It is anticipated that a large site SWPPP will be the
only required environmental permit for the project.
6. Traffic Study
The Scope of Services excludes the preparation of a traffic study.
7. Conceptual Design
This conceptual submittal will be for the purpose of coordinating the proposed improvements with the
Owner and the utility companies through the Large Scale Development process and developing an
order of magnitude cost estimate for the project. More specifically, the scope includes:
Evaluation of the current sewer plant system to determine necessary capacity improvements.
Provide and evaluate up to four (4) test pits to identify additional dispersal field locations.
Design will be provided for any necessary additional treatment and disposal systems including
plan production and design calculations.
Preparation of a Large Scale Development package for a site not required to be reviewed and
approved by the Planning Commission. All items contained in the City checklist will be
provided including architectural color elevations of the common building and material sample
boards that were previously prepared for Phase I, site layout sheet, updated tree preservation
plan previously prepared for Phase I, landscape plan, preliminary grading plan, preliminary
drainage plan & report, and utility(water & sewer) plan.
Preparation of an Opinion of Probable Construction Cost.
Garver will incorporate comments from the Owner in the Preliminary Design. Garver will proceed with
Preliminary Design after the Conceptual Design and Large Scale Development is approved by the
Owner in writing.
8. Preliminary Design
Once Garver receives written approval from Owner on Conceptual Design, Garver will begin
Preliminary Design. The Preliminary Design phase submittal will include:
• Development of site civil engineering construction drawings consisting of site layout sheets,
parking lot layout sheets, drainage system plans, erosion control plans, utility layout plan,
demolition plan showing clearing & tree removal.
• Development of Design Development Plans including architectural plans, building elevations,
building sections, structural design, mechanical systems design, plumbing design, and
electrical design utilizing the existing plans developed during Phase I.
Appendix A - Scope of Services 2 of 5 19T21090
Kessler Mountain Regional Park, Phase 2
• Development of Landscape Plans, Ballfield Plans with infield turf layouts, Batting Cage plans,
Ballfield lighting, Bleacher Seating with canopy, and irrigation plans.
• Update of the opinion of probable construction cost.
• Provide Cut Sheets of the specified systems such as the bleacher and bleacher covers.
The preliminary design phase will represent approximately 50 percent of final construction contract
plans. This submittal will not include technical specifications or "front end" contract documents. Garver
will incorporate comments from the Owner on the Preliminary Design in the Final Design. Garver will
proceed with Final Design after the Preliminary Design is approved by the Owner in writing.
9. Final Design
Once Garver receives written approval from Owner on Preliminary Design, Garver will begin Final
Design. During the final design phase of the project, Garver will conduct final designs to prepare
construction plans and specifications, for one construction contract, including Construction Documents
for the Building Plans, final site development plans, construction details and quantities, special
provisions, and opinion of probable construction cost. Garver will also make any needed plan changes
as a result of the final plan reviews and prepare the construction documents as required to advertise
for bids.
10. Property Acquisition Documents
The preparation of Property Acquisition Documents are not anticipated for this project.
11. Bidding Services
During the bidding phase of the project, Garver will:
A. Support the contract documents by preparing addenda and responding to RFIs as appropriate.
B. Participate in a pre -bid meeting.
C. Attend the bid opening.
D. Evaluate bids and recommend award.
12. Construction Phase Services
During the construction phase of work, Garver will accomplish the following:
A. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting.
B. 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.
C. Issue instructions to the Contractor on behalf of the Owner and issue necessary clarifications
(respond to RFIs) regarding the construction contract documents.
D. Review the Contractor's progress payment requests based on the quantities provided by the
Appendix A - Scope of Services 3 of 5 19T21090
Kessler Mountain Regional Park, Phase 2
Contractor of contract items completed and accepted by the Owner and make a
recommendation to the Owner regarding payment. Garver's recommendation for payment will
not be a representation that Garver has made inspections to (1) check the quality or exact
quantities of the Work; (2) to review billings from Subcontractors and material suppliers to
substantiate the Contractor's right to payment; or (3) to ascertain how the Contractor has used
money previously paid to the Contractor.
E. Using a set of working drawings maintained by the Contractor, prepare and furnish record
drawings.
F. Provide limited onsite observation services for the 425-calendar-day construction contract
performance time. The proposed fee is based on an average of 2 hours per week during the
425-calendar-day construction contract performance time. If the construction time extends
beyond the time established in this agreement or if the Owner wishes to increase the time or
frequency of the observation, the Owner will pay Garver an additional fee agreed to by the
Owner and Garver.
G. When authorized by the Owner, prepare change orders for changes in the work from that
originally provided for in the construction contract documents. If redesign or substantial
engineering or surveying is required in the preparation of these change order documents, the
Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver.
H. Participate in final project inspection, prepare punch list, review final project closing documents,
and submit final pay request.
Onsite construction observation will be provided by Garver's Project Manager or representative who
will provide or accomplish the following:
A. Consult with and advise the Owner during the construction period.
B. Coordinate with the firm providing construction materials quality assurance testing under
separate contract with the Owner.
C. Maintain a project diary which will contain information pertinent to each site visit.
The proposed fee for Construction Phase Services is based on a 425-calendar-day construction
contract performance time. If the construction time extends beyond the time established in this
agreement, and the Owner wants Garver to continue the applicable Construction Phase Services, the
Owner will pay Garver an additional fee agreed to by the Owner and Garver.
In performing onsite observation, Garver will endeavor to protect the Owner against defects and
deficiencies in the work of the Contractor(s); but Garver cannot guarantee the performance of the
Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety
measures that the Contractor(s) takes or should take. However, if at any time during construction Garver
observes that the Contractor's work does not comply with the construction contract documents, Garver
will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop
work, as appropriate for the situation. Garver will also record the observance, the discussion, and the
actions taken. If the Contractor continues without satisfactory corrective action, Garver will notify the
Owner immediately, so that appropriate action under the Owner's contract with the Contractor can be
taken.
13. Project Deliverables
The following will be submitted to the Owner, or others as indicated, by Garver:
A. One digital copy of the Geotechnical Report.
B. Four copies of the Conceptual Design/Large Scale Development Plans with opinion of probable
construction cost.
C. Three copies of the Preliminary Design with opinion of probable construction cost.
D. One digital copy of the Preliminary Plans to each potentially affected utility company.
E. Three copies of the Final Design with opinion of probable construction cost.
F. Three copies of the revised Final Design with opinion of probable construction cost.
Appendix A - Scope of Services 4 of 5 19T21090
Kessler Mountain Regional Park, Phase 2
G. One digital copy of the revised Final Plans to each potentially affected utility company.
H. Three copies of the Final Plans and Specifications to the Contractor.
I. One digital copy of the record drawings.
J. Electronic files as requested including CAD drawings in AutoCad file format.
14. Extra Work
The following items are not included under this agreement but will be considered as extra work:
A. Redesign for the Owner's convenience or due to changed conditions after previous alternate
direction and/or approval.
B. Submittals or deliverables in addition to those listed herein.
C. Pavement Design beyond that furnished in the Geotechnical Report.
D. Design of any utility extensions or relocations other than water and sewer and private electrical.
E. Boundary Survey.
F. Architectural color elevations of the common building and material sample boards.
G. Significant structural design beyond that required for the common building, lighting pole
foundations, and short retaining walls between fields.
H. Construction materials testing.
I. Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items.
J. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
K. USCOE Permit (Nationwide & 404 Permits).
L. Materials Testing during Construction.
M. Construction observation services beyond the average of two (2) hours per week during the
estimated fourteen (14) month construction period.
Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the
Owner and Garver.
15. 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
Surveys — Design and Property
Conceptual Design
City LSD Review Process
Geotechnical Engineering
Preliminary Design
City Review of Preliminary Design
Final Design
City Review of Final Design
TOTAL DESIGN DURATION
Calendar Days
30 days from Notice to Proceed
45 days from Survey completion
45 days from completion of the Conceptual Design
45 days from completion of the Conceptual
Design/Large Scale Development Plans
60 days from approval of Conceptual Design/Large
Scale Development Plans
15 days from completion of Preliminary Design
45 days from approval of Preliminary Design
15 days from completion of Final Design
255 Calendar Days
Appendix A - Scope of Services 5 of 5 19T21090
Kessler Mountain Regional Park, Phase 2
APPENDIX
Kessler Mountain Regional Park, Phase z
Garver Hourly Rate Schedule: July zo1y'June zozo
m"s,momu"
Rates
Engineers / Architects
c'1... —....................................................
—.............. m1oo.00
s-2 .-------------'__----_--.o1u».0o
s-3 .--'_---------_------'---*1su.0o
E-4 .................... .....................................................
s1ro.0o
E-5 .--'_------------'_--'—_.w217.00
s-6.............................................................................
yu72.0o
E-7
Planners Environmental Specialist
p-1.......... .......... —........ .........................................
$ 131o0
P-2 .--------------------'—_--m1s*.0o
P-3 .................................... ..... ..................................
$eo4.o
P-4.............................................................................
seoo.0n
P-5 .----------_------_----'
uusx.0o
P-6 .---------_'_--------'--000s.0u
p-7
..$xn0.on
Designers
o'1.............................................................................
sm1.00
o-2 .—'__—'-----'-----------'o11o.0o
o-3 .---_-------'-------_---.nw1zm
o-4....... --............................................................
m1s4.o
Technicians
r-1--......................................................................
s 79.00
T-2 .-------------------------.o1nn.00
T-a-------------------------
s12zon
Surveyors
u-1...............................................
m 49.00
o-2 .-------__----............................
64.0
o-3 .-----------------------.s
86.00
o-4 .--'----'_'--------------'s1u*.0n
«-5 .--------------------_--'s1s4.o
S-6.............................................................................
a1u6.0
u-ManCrew (Sumey)......................................................
m1o8.o
u-ManCrew (Sumey)... —...............................
—.......... su4r.0o
2-Man Crew (GpoSurvey) .............................................
's21ouo
3-Man Crew
c�—----------—-----------
——'o yaoo
Cu................ ..... ........ —......................
........ ......... o1ux.0o
C-3, --------
-----'$ 150.00
m
Management/Ad ministration
ww
m 370.00
x-1-------------------------'
m 62.00
x-2 .-------------------------
m 84.00
x-3 .-------------------------.
m 117o0
x-4 .-------------------------.
$ 150.00
x-5 .-------------------------
$ 183.00
x*.------------------------.
m 231.00
x-7 .....................................................
m 279.00
Agreement for Professional Services
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
FEE SUMMARY
Title I Services
Estimated Fees
Geotechnical Services (Terracon)
$9,700.00
Record Research
$0.00
Utility Marking (ARKUPS)
$200.00
*Sewer Treatment Plant (New Water Systems)
$10,000.00
Surveys
$28,500.00
Large Scale Development
$30,450.00
Conceptual Design
$36,650.00
Preliminary Design
$136,150.00
Final Design
$121,900.00
Bidding Services
$4,450.00
Subtotal for Title I Services
$378,000.00
Title II Services
Construction Materials Testing
$0.00
Construction Phase Services
$60,950.00
Subtotal for Title II Services
$60,950.00
FEE TOTAL
$438,950.00
*Allowance for design of sewer treatment plant improvements if needed.
L:\2019\19T21090 - Kessler Mountain Regional Park PH 2\Contracts\Client\Draft\APPENDIX B - Garver Fee Spreadsheet -
Kessler Mountain GAA.xlsx
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
SURVEYS
WORK TASK DESCRIPTION
E-2
S-5
S-4
T-1
2-Man
Crew
(Survey)
2-Man
Crew (GPS
Survey)
$126.00
$164.00
$124.00
$79.00
$198.00
$218.00
hr
hr
hr
hr
hr
hr
1. Surveys - Topographic
Coordination and Administration
4
8
Establish Horizontal and Vertical Control
2
2
4
6
Topographic Surveys
12
2
8
60
Locate Utilities
2
2
2
6
Data Processing/DTM Preparation
4
32
Subtotal - Surveying
4
28
38
0
14
72
2. Surveys - Property
Coordination and Administration
Record Reseach
Property Surveys
Data Processing
Subtotal - Surveying
1 0
1 0
1 0
1 0
1 0
0
Hours
4 28 38 0 14 72
Salary Costs $504.00 $4,592.00 $4,712.00 $0.00 $2,772.00 $15,696.00
SUBTOTAL - SALARIES: $28,276.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $24.00
Survey Supplies $20.00
Travel Costs $180.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $224.00
SUBTOTAL: $28,500.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $28,500.00
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
LARGE SCALE DEVELOPMENT
WORK TASK DESCRIPTION
E-3
E-4
E-5
E-6
E-2
E-1
T-1
$152.00
$178.00
$217.00
$272.00
$126.00
$108.00
$79.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Large Scale Development Site Layout Plan
2
10
38
8
Preliminary Grading Plan per City LSD checklist
2
14
46
8
Preliminary Drainage/Detention Plan
1
8
24
Preliminary Drainage Report for LSD submittal
8
4
Utility Plan (Water & Sewer)
8
4
1
6
Large Scale Development Meetings (Small Site)
4
12
Subtotal - Civil Engineering
8
4
0
10
58
112
16
2. Structural Engineering
Subtotal - Structural Engineering
0
0
0
0
0
0
0
3. Architecture
Subtotal -Architecture
0
0
0
0
0
0
0
4. Landscape Architecture
Develop landscape plan per City LSD checklist
28
Update existing tree preservation plan
4
Subtotal - Landscape Architecture
32
0
0
0
0
0
0
5. Mechanical Engineering
Subtotal - Mechanical Engineering
0
0
0
0
0
0
0
6. Electrical Engineering
Subtotal - Electrical Engineering
0
0
0
0
0
0
0
Hours
Salary Costs
40 4 0 10 58 112 16
$6,080.00 $712.00 $0.00 $2,720.00 $7,308.00 $12,096.00 $1,264.00
SUBTOTAL - SALARIES: $30,180.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $190.00
Postage/Freight/Courier $0.00
Travel Costs $80.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $270.00
TOTAL FEE: $30,450.00
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
CONCEPTUAL DESIGN
WORK TASK DESCRIPTION
E-3
E-4
E-5
E-6
E-2
E-1
T-1
$152.00
$178.00
$217.00
$272.00
$126.00
$108.00
$79.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Meetings/Coordination with Parks & Recreation
4
10
Opinion of Probable Construction Cost
4
8
Subtotal - Civil Engineering
0
0
0
4
14
8
0
2. Structural Engineering
Structural Analysis
24
Structural Design
16
Opinion of Probable Construction Cost
6
Meetings/Coordination with City
2
Subtotal - Structural Engineering
48
0
0
0
0
0
0
3. Architecture
Conceptual Planning/Design
24
16
8
Opinion of Probable Construction Cost
2
Meetings/Coordination with City
2
2
Subtotal - Architecture
24
20
0
10
0
0
0
4. Landscape Architecture
Prepare plant and site amenities palette
3
Develop layout plan
30
Develop irrigation concept
10
Meetings/Coordination with City/ (1) Site Visit
8
Opinion of Probable Construction Cost
3
OC Review
4
Subtotal - Landscape Architecture
58
0
0
0
0
0
0
5. Mechanical Engineering
Conceptual planning
16
Opinion of Probable Construction Cost
2
Subtotal - Mechanical Engineering
0
18
0
0
0
0
0
6. Electrical Engineering
Electrical Design - Buildings
10
Electrical Calculations - Buildings
4
Electrical Design - Exterior Lighting
0
Electrical Calculations - Exterior Lighting
0
Electrical specifications
0
Meetings and Coordination with Owner
4
Electrical QC
0
Electrical Opinion of Probable Construction Cost
0
Subtotal - Electrical Engineering
0
18
0
0
0
0
0
Hours
Salary Costs
SUBTOTAL - SALARIES:
130 56
$19,760.00 $9,968.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $100.00
Postage/Freight/Courier $0.00
Travel Costs $386.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$36,164.00
$486.00
TOTAL FEE: $36,650.00
0 14 14 8 0
$0.00 $3,808.00 $1,764.00 $864.00 $0.00
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
PRELIMINARY DESIGN
WORK TASK DESCRIPTION E-3 D-4 E-6 E-5 E-4 T-3 E-2 E-1 T-1
$152.00 $164.00 $272.00 $217.00 $178.00 $122.00 $126.00 $108.00 $79.00
hr hr hr hr hr hr hr hr hr
Civil Engineerin
Praliminary Plan.
Site Layout/ arking Lot Plans
1
14
24
8
Grading Plans
1
14
30
8
Drainage System Plans
1
10
30
8
Utility Plans (Water & Sewer)
12
2
Sanitary Sewer Plant Expansion - Coordination
6
4
Erosion Control Plans
8
4
Typical Details
4
10
Coordination with Geotechnical Subconsultant
1
2
Coordination with Utility Companies
4
Coordination and Meetings with Owner
4
8
Coordination with the Health Department
2
6
Opinion of Probable Construction Cost
4
8
QC Review
4
4
Subtotal - Civil Engineering
14
0
12
0
8
0
78
102
32
2. Structural Engineering
9 9
Structural Analysis
20
Structural Design
22
38
Structural Detailing
22
38
Specifications
14
QC
2
2
2
Structural Opinion of Probable Construction Cost
4
Owner coordination/review
2
Subtotal - Structural Engineering
86
78
2
0
0
0
0
0
0
3. Architecture
Architectural design
4
22
Architectural plans/elevations/sections/details, etc.
76
14
Architectural specifications
8
14
QC
4
Opinion of Probable Construction Cost
4
Meetings/Coordination with City
2
2
Subtotal - Architecture
76
0
10
0
50
14
0
0
0
4. Landscape Architecture
Develop site layout plans
25
Develop site details
30
Develop infield turf plans for ballfields
6
Develop landscape plans
18
Develop landscape details
6
Develop irrigation plans
40
Develop irrigation details
4
Prepare preliminary specifications
12
Meetings/Coordination with City (via phone)
4
Opinion of Probable Construction Cost
3
QC Review
6
Subtotal - Landscape Architecture
154
0
0
0
0
0
0
0
5. Mechanical Engineering
HVAC calculations
12
HVAC design
22
HVAC drafting
22
HVAC specifications
4
HVAC QC
4
HVAC Opinion of Probable Construction Cost
2
Plumbing design
12
Plumbing drafting
22
Plumbing specifications
2
Plumbing QC
4
Plumbing Opinion of Probable Construction Cost
2
Owner coordination/review
4
Subtotal - Mechanical Engineering
0
0
0
0
68
44
0
0
0
6. Electrical Engineering
Electrical Design - Buildings
38
Electrical Calculations - Buildings
12
Electrical Design - Exterior Lighting
8
Electrical Calculations - Exterior Lighting
4
Electrical specifications
3
Meetings and Coordination with Owner
4
Electrical QC
2
Electrical Opinion of Probable Construction Cost
2
Subtotal - Electrical Engineering
0
0
0
0
73
0
0
0
0
Hours 330 78 24 0 199 58 78 102 32
Salary Costs $50,160.00 $12,792.00 $6.528.00 $0.00 $35,422.00 $7.076.00 $9,828.00 $11,016.00 $2,528.00
SUBTOTAL - SALARIES: $135,350.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $280.00
Postage/Freight/Courier $20.00
Travel Costs $500.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $800.00
SUBTOTAL: $136,150.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $136,150.00
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
FINAL DESIGN
WORK TASK DESCRIPTION
E-3
D-4
E-6
E-5
E-4
T-3
E-2
E-1
T-1
$152.00
$164.00
$272.00
$217.00
$178.00
$122.00
$126.00
$108.00
$79.00
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Final Plans
Site Layout/Parking Lot Plans
1
10
30
8
Grading Plans
1
10
30
8
Drainage System Plans
8
24
4
Utility Plans (Water & Sewer)
8
4
Sanitary Sewer Plant Expansion - Coordination
8
Erosion Control Plans
2
6
4
Typical Details
2
6
2
Final Drainage Report
8
6
Address Final Review Comments
2
6
8
6
Coordination with Utility Companies
4
Coordination and Meetings with Owner
3
8
SWPPP/Coordination with ADEQ
8
2
4
Coordination with Health Department
6
4
Specifications/Contract Documents
14
Quantities
4
8
Opinion of Probable Construction Cost
2
4
OC Review
4
4
Subtotal - Civil Engineering
22
0
13
0
8
0
94
118
36
2. Structural Engineering
Structural Design
30
40
Structural Detailing
40
44
Specifications
2
QC
2
2
2
Opinion of Probable Construction Cost
4
Subtotal - Structural Engineering
78
86
2
0
0
0
0
0
0
3. Architecture
Architectural design & coordination
4
26
Architectural drawings
110
10
Architectural specifications
10
28
QC
4
Opinion of Probable Construction Cost
6
Meetings/Coordination with City
4
Subtotal - Architecture
110
0
8
0
56
28
0
0
0
4. Landscape Architecture
Finalize site layout plans
12
Finalize site details
6
Finalize landscape plans
12
Finalize landscape details
3
Finalize irrigation plans
6
Finalize irrigation details
2
Finalize specifications
18
Meetings/Coordination with City
3
Opinion of Probable Const. Cost/ Final Quanitities
5
QC Review
6
Subtotal - Landscape Architecture
73
0
0
0
0
0
0
0
0
S. Mechanical Engineering
HVAC calculations
4
HVAC design
14
HVAC drafting
20
HVAC specifications
2
HVAC QC
2
HVAC Opinion of Probable Construction Cost
2
Plumbing design
12
Plumbing drafting
20
Plumbing specifications
1
Plumbing QC
2
Plumbing Opinion of Probable Construction Cost
2
Owner coordination/review
4
Subtotal - Mechanical Engineering
0
0
0
0
45
40
0
0
0
6. Electrical Engineering
Electrical Design - Buildings
4
Electrical Calculations - Buildings
2
Electrical Design - Exterior Lighting
1
Electrical Calculations - Exterior Lighting
1
Electrical specifications
2
Meetings and Coordination with Owner
4
Electrical QC
1
Electrical Opinion of Probable Construction Cost
1
Subtotal - Electrical Engineering
0
0
0
0
16
0
0
0
1 0
Hours 283 86 23 0 125 68 94 118 36
Salary Costs $43,016.00 $14,104.00 $6,256.00 $0.00 $22,250.00 $8,296.00 $11,844.00 $12,744.00 $2,844.00
SUBTOTAL - SALARIES: $121,354.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $250.00
Postage/Freight/Courier $30.00
Travel Costs $266.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $546.00
SUBTOTAL: $121,900.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $121,900.00
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
BIDDING SERVICES
WORK TASK DESCRIPTION
E-3
E-4
E-5
E-6
E-2
E-1
T-1
$152.00
$178.00
$217.00
$272.00
$126.00
$108.00
$79.00
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Dispense plans and specs to prospective bidders - N/A
Addendums/Inquiries
2
8
Pre -Bid Meeting Assistance
2
Bid Opening
2
Prepare bid tabulation - N/A
Evaluate bids and recommend award
2
Prepare construction contracts - N/A
Notice to Proceed - N/A
Subtotal - Civil Engineering
0
0
0
2
14
0
0
2. Structural Engineering
RFI's
4
Subtotal - Structural Engineering
4
0
0
0
0
0
0
3. Architecture
Addend ums/Inquiries
4
Subtotal - Architecture
0
4
0
0
0
0
0
3. Mechanical Engineering
RFI's
2
Subtotal - Mechanical Engineering
0
2
0
0
0
0
0
4. Electrical Engineering
RFI's
2
Subtotal - Electrical Engineering
0
2
0
0
0
0
0
Hours
4
8 0 2 14 0 0
Salary Costs
$608.00
$1,424.00 $0.00 $544.00 $1,764.00 $0.00 $0.00
SUBTOTAL - SALARIES:
$4,340.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$100.00
Postage/Freight/Courier
$0.00
Travel Costs
$10.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$110.00
SUBTOTAL:
$4,450.00
SUBCONSULTANTS FEE:
$0.00
TOTAL FEE: $4,450.00
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
CONSTRUCTION PHASE SERVICES
WORK TASK DESCRIPTION
E-6
E-5
E-4
E-3
E-2
E-1
D-3
T-1
$283.00
$226.00
$186.00
$159.00
$132.00
$113.00
$147.00
$83.00
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Preconstruction Meeting
3
4
Monthly Pay Requests (14 pay requests)
14
14
Shop Drawings/Material Submittals/RFIs
20
months)
59
59
Prepare Change Orders
8
Final Project Inspection and Punchlist
2
6
Record Drawings
2
8
Subtotal - Civil Engineering
5
0
0
0
113
1 73
0
8
2. Structural Engineering
Response to Inquiries
16
Shop Drawings
30
Final Project Inspection and Punchlist
10
Record Drawings
2
6
Subtotal - Structural Engineering
0
0
0
58
0
0
6
0
3. Architecture
Response to Inquiries
14
Shop Drawings
54
Final Project Inspection and Punchlist
6
Record Drawings
2
6
Subtotal - Architecture
0
0
76
0
0
0
6
0
4. Landscape Architecture
Response to Inquiries
4
Shop Drawings
10
Subtotal - Landscape Architecture
0
1 0
0
14
0
0
0
0
5. Mechanical En ineering
Response to Inquiries
4
Shop Drawings
10
Record Drawings
2
2
Subtotal - Mechanical Engineering
0
0
14
2
0
0
2
0
6. Electrical Engineering
Response to Inquiries
4
Shop Drawings
10
Final Project Inspection and Punchlist
6
Record Drawings
2
2
Subtotal - Electrical Engineering
0
0
20
2
0
0
2
0
Hours 5 0 110 76 113 73 16 8
Salary Costs $1,415.00 $0.00 $20,460.00 $12,084.00 $14,916.00 $8,249.00 $2,352.00 $664.00
SUBTOTAL - SALARIES: $60,140.00
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly $110.00
Postage/Freight/Courier $0.00
Travel Costs $700.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $810.00
SUBTOTAL: $60,950.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $60,950.00
APPENDIX C - SURVEY LIMITS
KESSLER MOUNTAIN REGIONAL PARK, PHASE 2
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 BUDGET &INFORMATION MGMT (133)
2019
Requestor: Kevin Springer
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of a contract with Garver Engineering of Fayetteville, AR to provide design, engineering,
and construction administration services associated construction of a new four -field baseball complex per the
approved master plan at Kessler Mountain Regional Park for a total cost not to exceed $438,950, to approve a project
contingency of $61,050. The remaining budget is estimated to be needed for future construction contracts. The budget
transferred is coming from the unallocated portion of the project.
COUNCIL DATE:
LEGISTAR FILE ID#:
10/15/2019
2019-0533
K.ev%w spr%nger
9/25/2019 3:31 PM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
RESOLUTION/ORDINANCE
I
GLDATE:
CHKD/POSTED:
10/15/2019
TOTAL
Account Number
- _
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl
AT
v.20190816
Account Name
4605.860.7502-5806.00
6,370,000 -
46050
7502.1000
EX
Improvements - Park
4605.860.7502-5860.02
4605.860.7502-5911.99
438,950 -
61,050 -
46050
46050
7502.1000
7502.1000
EX
EX
Capital Prof Svcs - Engineering
Contingency - Capital Project
4605.860.7999-5899.00
(6,870,000) -
46050
7999
EX
Unallocated - Budget
H:\Budget Adjustments\2019_Budget\City Council\10-15-2019\2019-0533 BA Kessler Baseball Garver.xlsm 1 of 1
Garver Engineering
Kessler Mountain
Regional Park
City of Fayetteville Staff Review Form
2020-0486
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Ted Jack 6/11/2020 PARKS & RECREATION (520)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a contract amendment with Garver Engineering of Fayetteville, AR (RFQ #19-01, Selection #19 Legistar
item 2019-0533) for Kessler Mountain Regional Park, Baseball/Parking, to provide Geotech services necessary for
design work to be done by city engineers to facilitate repairs of the slope failures behind the existing ballfield
complex. The $13,375.00 increase in fees is funded from the project contingency of $61,050.00.
4605.860.7502.5860.00
Budget Impact:
4605 - Parks Project 2019 Bonds
Account Number Fund
46050.7502.1000 Kessler Mountain Regional Park, Baseball/Parking
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
1
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
500,000.00
$
438,950.00
$
61,050.00
$
13,375.00
1 $ 47,675.00
Previous Ordinance or Resolution #
Approval Date:
6/19/2020
CITY OF
• FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Ted Jack, Park Planning Superintendent
DATE: June 11, 2020
STAFF MEMO
SUBJECT: Approval of a contract amendment with Garver Engineering of Fayetteville, AR
(RFQ #19-01, Selection #19 Legistar item 2019-0533) for Kessler Mountain Regional Park,
Baseball/Parking, to provide Geotech services necessary for design work to be done by city
engineers to facilitate repairs of the slope failures behind the existing ballfield complex. The
$13,375.00 increase in fees is funded from the project contingency of $61,050.00.
RECOMMENDATION:
Approval of a contract amendment with Garver Engineering of Fayetteville, AR (RFQ #19-01,
Selection #19 Legistar item 2019-0533) for Kessler Mountain Regional Park, Baseball/Parking,
to provide Geotech services necessary for design work to be done by city engineers to facilitate
repairs of the slope failures behind the existing ballfield complex. The $13,375.00 increase in
fees is funded from the project contingency of $61,050.00.
BACKGROUND:
Kessler Mountain Regional Park experienced slope failures after a major weather event in 2017.
Those slope failures were repaired. Additional failures have occurred, and a retaining wall
system has been determined as the best way to provide a long-term stabilization of the slopes.
To properly design the retaining wall, Geotech services are needed. Additionally, the new
construction will generate an excess of fill which the slope stabilization project can use. One
contractor on site performing this work will also increase efficiencies and this work will be
integrated into the Phase II Kessler Ball Fields Bond Project.
DISCUSSION:
The slopes continue to have shallow failures. The addition of a retaining wall that will also serve
as the outfield fence will allow for a gentler slope reducing the chances of future failures. City
staff will perform design work to create drawing and specifications that will be integrated into the
construction documents and specifications being prepared by Garver Engineers for the new
baseball fields.
BUDGET/STAFF IMPACT:
The contract for design services for Garver has a not to exceed amount of $438,950.00. The
additional $13,375.00 for geotechnical services will increase the not to exceed amount to
$452,325.00. The $61,050.00 design contingency will cover the increase.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Original Agreement Amendment No. 1 Total
Title I Services Estimated Fees Estimated Fees Estimated Fees
Geotechnica/ Services (Terracon)
$9,700.00
$13,375.00
$23,075.00
Record Research
$0.00
$0.00
$0.00
Utility Marking (ARKUPS)
$200.00
$0.00
$200.00
'Sewer Treatment Plant (New Water Systems)
$10,000.00
$0.00
$10,000.00
Surveys
$28,500.00
$0.00
$28,500.00
Large Scale Development
$30,450.00
$0.00
$30,450.00
Conceptual Design
$36,650.00
$0.00
$36,650.00
Preliminary Design
$136,150.00
$0.00
$136,150.00
Final Design
$121.900.00
$0.00
$121,900.00
Bidding Services
$4.450.00
$0.00
$4,450.00
Subtotal for Title I Services
$378,000.00
$13,375.00
$391.375.00
Title 11 Services
Construction Materials Testing
$0.00
$0.00
$0.00
Construction Phase Services
$60,950.00
$0.00
$60.950.00
Subtotal for Title II Services
$60,950.00
$0.00
$60,950.00
FEE TOTAL
$438.950.00
$13,375.00
$452,325.00
1 Fee Table from Garver Contract
Attachments:
Staff Review Form
Contract Amendment
IARVER
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville
Fayetteville, Arkansas
Project No. 19T21090
CONTRACT AMENDMENT NO
This Contract Amendment No. 1, effective on the date last written below, shall amend the original
contract between the City of Fayetteville (Owner) and GARVER, LLC (GARVER), dated October 15,
2019 referred to in the following paragraphs as the original contract.
This Contract Amendment No. 1 adds professional services for the:
Phase 2 of the Kessler Mountain Regional Park Project
The original contract is hereby modified as follows:
APPENDIX A — SCOPE OF SERVICES
The following items will be added to Section 3. Geotechnical Services of the original contract SCOPE
OF SERVICES:
Garver will obtain the services of Terracon Consultants, Inc. to provide geotechnical services
associated with modifications to the existing Phase 1 cut slopes as described below and on the attached
Terracon proposal dated May 22, 2020:
• Review available subsurface information provided by the City of Fayetteville including borings
that were completed for the Kessler Mountain Regional Park, Phase 1 and subsequent borings.
• Provide recommend soil parameters for the design of a cast -in -place retaining wall and a Redi-
Rock wall system.
• Provide recommended soil types and engineering properties for backfill behind the retaining wall
structures and for the fill to be used to develop the back slopes.
• Perform slope stability analysis of wall and fill systems for up to three different slope inclinations
for the two noted retaining wall systems.
• Provide a geotechnical report that summarizes all findings of the investigation.
The following is the schedule for these additional services:
Review available Subsurface Information
5 business days from NTP
Laboratory testing and evaluation of retaining
10 business days from review completion
wall options. fill material and slope stability
Report of Findings
10 business days from completion of testing
and evaluation
Contract Amendment No. 1 1 of 2
Kessler Mountain Regional Park, Phase 2 Garver Project No. 19T21090
GARVER
APPENDIX B — GARVER FEE SPREADSHEETS
The Maximum Not to Exceed Amount will be increased $13,375 from $438.950 to $452,325 as shown
on the attached revised Appendix B Fee Summary Sheet.
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, CITY OF FAYETTEVILLE and GARVER have executed this Amendment
effective as of the date last written below.
CITY OF FAY// TEVILLE
Name: h,\tU J
Printed Name
Title: AN . -a
Date: 6 / I "( / -dA/2n ow
GARVER, LLC
By:
Signature
Name: Ronald S. Petrie
Printed Name
Title: Sr. Project Manager
Date: 6i3i2020
Attest: ��� t r ► r 04pst:
CIT '
Y
=v:• �F/> O •C:
.2 .
'ri;,COUf������.
Contract Amendment No. 1 2 of 2
Kessler Mountain Regional Park, Phase 2 Garver Project No. 19T21090
APPENDIX B
CITY OF FAYETTEVILLE
KESSLER MOUNTAIN REGIONAL PARK, PH. 2
FEE SUMMARY - AMENDMENT NO. 1
Original Agreement Amendment No. 1 Total
Title I Services Estimated Fees Estimated Fees Estimated Fees
Geotechnical Services (Terracon)
$9,700.00
$13,375.00
$23,075.00
Record Research
$0.00
$0.00
$0.00
Utility Marking (ARKUPS)
$200.00
$0.00
$200.00
'Sewer Treatment Plant (New Water Systems)
$10.000.00
$0.00
$10,000.00
Surveys
$28,500.00
$0.00
$28,500.00
Large Scale Development
$30,450.00
$0.00
$30,450.00
Conceptual Design
$36,650.00
$0.00
$36,650.00
Preliminary Design
$136,150.00
$0.00
$136,150.00
Final Design
$121,900.00
$0.00
$121,900.00
Bidding Services
$4A50.00
$0.00
$4.450.00
Subtotal for Title I Services
$378,000.00
$13,375.00
$391,375.00
Title II Services
Construction Materials Testing
$0.00
$0.00
$0.00
Construction Phase Services
$60.950.00
$0.00
$60.950.00
Subtotal for Title II Services
$60,950.00
$0.00
$60,950.00
FEE TOTAL
$438,950.00
$13,375.00
$452,325.00
'Allowance for design of sewer treatment plant improvements if needed.
L:12019119T21090 - Kessler Mountain Regional Park PH 2\Contracts\Client\Draft\Amendment No. 1\APPENDIX B - Garver Fee Spreadsheet Summary - Amendment 1.xlsx
Irerracon
May 22, 2020
Garver
2049 East Joyce Boulevard
Fayetteville, Arkansas 72703
Attn: Mr. Ron Petrie, P.E. — Senior Project Manager
P: (479) 527 9100
E: RSPetrie@garverusa.com
Re: Proposal for Geotechnical Engineering Services
Kessler Mountain Regional Park Baseball Fields Phase I Slope Failure
Fayetteville, Arkansas
Terracon Proposal No. P04205150
Dear Mr. Petrie:
We appreciate the opportunity to submit this proposal to Garver to provide Geotechnical
Engineering services for the above referenced project. The following are exhibits to the attached
Agreement for Services.
Exhibit A
Project Understanding
Exhibit B
Scope of Services
Exhibit C
Compensation and Project Schedule
Our base fee to perform the Scope of Services described in this proposal is $13,375. See Exhibit
C for more details of our fees and consideration of additional services.
We understand that you will authorize this work by issuing a Work Order under the Master
Agreement for Subconsultant Professional Services between Garver and Terracon.
Sincerely,
Terracon Consultants, Inc.
Cert. Of Auth. # CA-2231 'xp. 12131121
Michael H. Homan, P.E.
Sr. Principal
A.
Alec N. Strassburg, (KS)
Project Engineer
Donald R. Clark, P.E.
Sr. Consultant/Sr. Principal
Terrecon Consultants, Inc. 113 South Dixieland Road Rogers, Arkansas 72758
P (479) 621 0196 terracon.com
Proposal for Geotechnical Engineering Services 1rerracon
Kessler Mountain Regional Park Baseball Fields Phase I Slope Failure ■ Fayetteville, Arkansas
May 22, 2020 . Terracon Proposal No. P04205150
EXHIBIT A - PROJECT UNDERSTANDING
Our Scope of Services is based on our understanding of the project as described by Garver and
the City of Fayetteville Parks Department. We have visited the project site to familiarize ourselves
with the site conditions. We request the design team verify all information prior to initiation of our
scope.
Site Location and Available Information
Item Description
Site Location The project is located at Kessler Mountain Regional Park west of State
Highway 265 between Fayetteville and Greenland, Arkansas.
Existing
Phase I of the park development included construction of four baseball
Improvements fields. Construction of these fields required a 60-foot deep cut into the
hillside on the west side of the fields.
• Grubbs, Hoskyn, Barton & Wyatt report dated March 11 2014
• Grubbs, Hoskyn, Barton & Wyatt supplemental letter dated August
Available Information
27, 2014
• GTS report dated February 14, 2018
• City of Fayetteville Engineering Division schematic of proposed wall
and slope dated April 27, 2020
Planned Construction
Item Description
The cut slope west of the Phase I baseball fields was constructed at a 2H:1V
slope. The cut slope has experienced circular or block type failures at four
Project Description different locations. The cut slope extends through moderately to highly
plastic clay overburden over shale bedrock. The City of Fayetteville Parks
and Recreation Department is considering remedial repairs to the slopes.
The schematic dated April 27, 2020 shows a Redi Rock retaining wall along
the outfield fence. Wall heights vary from about 6 feet to almost 18 feet. The
Proposed Repairs concept is to use excavated material from the Phase II construction as fill
behind the retaining wall to flatten the slopes from the present 2H:1 V
inclination to 3H:1 V.
Responsive ■ Resourceful ■ Reliable EXHIBIT A - PROJECT UNDERSTANDING t of t
Proposal for Geotechnical Engineering Services 1rerracon
Kessler Mountain Regional Park Baseball Fields Phase I Slope Failure ■ Fayetteville, Arkansas
May 22, 2020 ■ Terracon Proposal No. P04205150
EXHIBIT B - SCOPE OF SERVICES
Engineering and Project Delivery
We will develop estimated soil parameters based on the information in the geotechnical
engineering reports provided to us. We will provide estimated soil parameters for use by the
design engineer in evaluating two retaining wall systems (a cast -in -place concrete wall and a Redi
Rock wall). We will provide recommendations for the wall backfill and for the soil to be used to
develop the back slopes. We will perform slope stability analysis of the retaining wall and the
slope configurations using estimated shear strength parameters for the fill material. We have
budgeted for up to two cut sections and up to three different slope inclinations for each of the two
retaining wall systems.
Your project will be delivered using our GeoReport® system. Upon initiation, we provide you and
your design team the necessary link and password to access the website (if not previously
registered). Each project includes a calendar to track the schedule, an interactive site map, a
listing of team members, access to the project documents as they are uploaded to the site, and a
collaboration portal. The typical delivery process includes the following:
Project Planning — Proposal information, schedule and anticipated exploration plan will
be posted for review and verification
Site Characterization — Findings of the site exploration
Geotechnical Engineering — Recommendations and geotechnical engineering report
When utilized, our collaboration portal documents communication, eliminating the need for long
email threads. This collaborative effort allows prompt evaluation and discussion of options related
to the design and associated benefits and risks of each option. With the ability to inform all parties
as the work progresses, decisions and consensus can be reached faster. In some cases, only
minimal uploads and collaboration will be required, because options for design and construction
are limited or unnecessary. This is typically the case for uncomplicated projects with no anomalies
found at the site.
When services are complete, we upload a printable version of our completed geotechnical
engineering report, including the professional engineer's seal and signature, which documents
our services. Previous submittals, collaboration and the report are maintained in our system. This
allows future reference and integration into subsequent aspects of our services as the project
goes through final design and construction.
Our proposed Scope of Services includes the following tasks:
Review available subsurface information
Responsive r Resourceful . Reliable EXHIBIT B - SCOPE OF SERVICES 1 of 2
Proposal for Geotechnical Engineering Services 1rerracon
Kessler Mountain Regional Park Baseball Fields Phase I Slope Failure a Fayetteville, Arkansas
May 22, 2020 ■ Terracon Proposal No. P04205150
• Provide recommended soil parameters for the design of a cast -in -place retaining wall and
a Redi-Rock wall system
• Provide recommended soil types and engineering properties for backfill behind the
retaining wall structures and for the fill to be used to develop the back slopes
• Perform slope stability analysis of wall and fill systems for up to three different slope
inclinations for the two noted retaining wall systems
Additional Services
In addition to the services noted above, the following are often associated with geotechnical
engineering services. Fees for services noted above do not include the following:
Observation and Testing of Pertinent Construction Materials: Development of our
geotechnical engineering recommendations and report relies on an interpretation of soil
conditions. This is based on widely spaced exploration locations, and assuming construction
methods will be performed in a manner sufficient to meet our expectations and is consistent with
recommendations made at the time the geotechnical engineering report is issued. We should be
retained to conduct construction observations, and perform/document associated materials
testing; for site preparation, foundation, and pavement construction. This allows a more
comprehensive understanding of subsurface conditions and necessary documentation of
construction, to confirm and/or modify (when necessary) the assumptions and recommendations
made by our engineers.
Responsive a Resourceful a Reliable EXHIBIT B - SCOPE OF SERVICES 2 of 2