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HomeMy WebLinkAbout90-95 RESOLUTIONRESOLUTION NO. 90-95 A RESOLUTION APPROVING AN AMENDMENT IN I'HE AMOUNT OF $31,595.00. PLUS A CONTINGENCY AMOUNT OF 53.159.00, TO THE ENGINEERING SERVICES AGREEMENT WITH CEI ENGINEERING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby approves an amendment m the amount of $31,595.00, plus a contingency amount of $3,159.00, to the engineering services agreement with CEI Engineering. A copy of the amendment is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this aof-A day of June 1995. APPROVED: By: Traci Paul, City Clerk Fred Hanna, Mayor FIRST AMENDMENT TO ENGINEERING SERVICES AGREEMENT FOR JOYCE ROAD EXTENSION FAYETTEVILLE, ARKANSAS THIS FIRST AMENDMENT to the ENGINEERING SERVICES AGREEMENT is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as "CITY", and CEI Engineering Associates, Inc., hereinafter referred to as "ENGINEER". WITNESSETII: WHEREAS, the CITY and ENGINEER entered into an Agreement for Engineering Services for the extension of Joyce Road to Wilkerson Street (Johnson, Arkansas) on February 14, 1995, and WIIEREAS, it is the desire of the parties to amend said contract by including additional services to the Scope of Work to he performed by the ENGINEER, and by the modification of the contract to reflect the additional expense required to perform said additional items. NOW, THEREFORE, for and in consideration of the terms, conditions, and covenants hereinafter set forth, the parties hereto do mutually agree as follows: I. Replace Task 3 of Article 1V - SCOPE OF WORK, with the following: Task 3 - Final Design 1. Meet with Wilkerson Street designer to verify Joyce Street grades and drainage. 2. Coordinate with private and public utilities to identify possible conflicts with project and corrective action required. Design sewer line crossing Joyce in vicinity of Tracts 2 and 3 of Hendricks Heights subdivision, design for future water line crossing at Joyce/Wilkerson intersection, design for gas, electric, telephone, and cable crossings. Perform final design of roadway improvements. Design is generally described as 4 -lanes without median from Wilkerson to Hendricks Heights Drive, 4 -lane with median from Hendricks Heights Drive to location, established by others, of a 3 -lane by 5 -lane intersection serving property owned by Nanchar, Inc., and 5 - lanes to the eastern terminus of the project. The "Nanchar" intersection to include left turn lanes from Joyce. Hendricks Heights Drive to be tied in to Joyce. A 2 -lane access drive to be provided in the vicinity of Tracts 2 and 3 of Joyce Boulevard/1st Amendment Page 1 05127195 the Hendricks Heights subdivision. This design does not include any traffic signals, offsite drainage design, or any turning lanes not described This design to be performed in coordination with Wilkerson Street designer to insure that Wilkerson drainage system is adequate to receive flows from this project. 4. Perform final design for landscaping of Joyce Street median and screening between Joyce Street roadway improvements and the north boundary of the Lenham Heights Subdivision. 5. Prepare construction drawings of improvements. 6. Prepare a project manual to include bidding requirements, contract conditions, and technical specifications. Base and alternate bids to be prepared. 7. Prepare construction cost estimate. Since ENGINEER has no control over the cost of labor. materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions. ENGINEER'S cost estimates shall be made on the basis of qualification and experience as a Professional Engineer. Prepare cost-sharing breakout for City's use in collecting costs from others. 9. Meet with CITY to discuss project design and status. II. Modify Article 1X as shown below: The following amounts shall be paid to ENGINEER for completing the respective Tasks outlined above: Task 3 - Final Design $ 30,610.00 Task 5 - Construction Services based on 180 calendar day construction period $ 55.545.00 1II. Total modified fee shall not exceed One Hundred Nineteen Thousand Three hundred Thirty Dollars ($119,330.00) without written authorization from the City. IV. The effective date of this Amendment is the date it is fully executed by the parties hereto. Joyce Bnulevard'lst Amendment Page 2 05;27195 IN WITNESS WHEREOF, the parties have caused this contract to be executed in multiple copies by the duly authorized representatives upon the dates set forth immediately below. (SEAL) ATTEST - Traci Paul City Clerk Joyce Boulevard/] a Amendment CITY OF FAYETTEVILLE, ARKANSAS a municipal corporation By Fred Ilanna { t r= Mayor .Date '�%� CE1 Engineering Associates, Inc. By I. Doug Fredeen, P E Vice President Page 3 05127;95 STAFF REVIEv: FORM AGENDA REQUEST xxx CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of FROM: Mandy R. Bunch Engineering Name J:v.:. • S. N/A Mayor's Signature Public Works Department ACTION eparttr.en- ACTION REQUIRED: Approval of the Amendment #2 Agreement for Joyce Boulevard Extension to Associates, Inc, in the amount of S11,930. to the Engineering Services Gregg with CEI Engineering COST TO CITY: $ 11,930.00 $ 2,091,590 Cont. of chis Recuest ":r c q--fP: je-; ar.3get 447C -947C-5809-00 $ 1,377,963 Aac nt Number F..n is i ..:^. 94034-3010 "a _?13,E27 Pt of ec't Manner Rental:ling 13a : an BUDGET REVIEW: Street Improvements Category.2r3:ect. Mare ' g: am Mar Sales Tax Const. Fun3 xxx Budge*ed Item _ Budget Adjustment Attached Rua -get. (V:ordi rata At. ^'rfrat :ve Se: vi res Bit ectur CONTRACT/GRANT/LEASE REVIEW: L. Arra: ager 11 A tt:rney Put chasing Cffirer GRANTING AGENCY: 11 -a -q5 Dat Date Date STAF D Staff recommends approval /e/ r Dat:. rec.=r May tl-3 of Amendment 42. Cross Reference New :ten: Yes No Prev Crd/Res k : 90-95 g Contract Dat e- 2/14/95 ik FAYETTE`'I I SLE 'NE CITY OF FAYETTFVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fayetteville Mayor and City Council Thru Kevin Crosson, Public Works Dire for Don Bunn, City Engineer D From- Mandy Bunch, Engineering jn* Date October 31, 1995 RE Contract Review Amendment 4 2 Joyce Extension to Gregg Street, CEI Engineering Associates, Inc 1. Background . CE1 Engineering was awarded a contract in the amount of $87,735.00 in February 1995. Since the award of this contract Amendment rll was approved to change the scope of the project. The original scope called for the production of final detailed design of a two lane section and the construction engineering services required for two lanes. With Amendment 4 1 approved, final construction plans for the five -lane roadway will be furnished, and the construction services will be provided to supervise the additional construction. 2. Contract Scope. This amendment is necessary due to preliminary negotiations with property owners, cross-section changes to minimize required right-of-way, drainage exhibits for property owners, and manual input of survey information due to changes adjacent the project boundaries. The scope of this project has been very dynamic due to the location of the extension. Property owner negotiations have influenced the design greatly on several occasions. The magnitude of what will actually be constructed is still contingent upon the rezoning requests of CMN Properties. 3. Cost Sharing. Cost share agreements were made with the NWA Mall and Clary Development to fund approximately 39% of a portion of this request According to the cost -share agreements, the developers are cost-sharing only on the portion of the contract required for a two-lane road The exact percentage of engineering costs to be born by the developers will be determined by CEI based on actual time spent on the project. 4. Staff Recommendation. The Staff recommends approval of the Amendment 4 2 to the Engineering Contract to CEI Engineering in the amount of $11,930 00. This amount is within the approved contingency of $11,933 00. AMENDMENT TO THE CONTRACT WITH CEI ENGINEERING ASSOCIATES, INC. AMENDMENT # 2 This is an amendment to the engineering senices contract for the extension of Joyce Boulevard to Gregg Street in Fayetteville. Arkansas executed on the 14th day of February 1995 between the City of Fayetteville, Arkansas and CEI Engineering Associates, Inc. Additional services are required due to preliminary negotiations with property owners, cross-section changes to minimize required right-of-way, drainage exhibits for property owners, and manual input of survey information due to changes adjacent the project boundaries. This amendment allows for the increase in amount of Task 3: Final Design only. The charge for the additional services shall not exceed S! 1,930. This amount will bring the total of Task 3 to $42,540. CITY OF FAYETTEVILLE. .1 MAYOR CEl ENGINEERING ASSOCIATES, INC. G � DATE: JJ 4 m� �\6L“. TAN—. - --- - ---- - DATE. L. Douglas Fi deen. P E cxt ariZrsceptLPi\,- T1TLE RESOLUTION NO. 20-95 MICROFJL! o A RESOLUTION AWARDING AN ENGINEERING CONTRACT IN THE AMOUNT OF $87,735.00 TO (:E1 ENGINEERING ASSOCIATES, INC.. FOR ENGINEERING SERVICES FOR THE JOYCE BOULEVARD EXTENSION TO GREGG STREET AND APPROVAL OF A CONTINGENCY AMOUNT OF $8,774.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the ('ity Council hereby awards an engmeenng contact in the amount of $87,735.00 to CEI Engineering Associates, Inc., to prepare construction plans and specifications and construction engineering service, for the Joyce Boulevard extension to Gregg Street, and approves a contingency amount of $8,774.00. A copy of the contract is attached hereto marked Exhibit "A' and made a part hereof. PASSED AND APPROVED this 7th day of February , 1995. Traci Paul. City Clerk APPROVED: By: ed Hanna, Mayor RESOLUTION NO. 90-95 MICROFILMED A RESOLUTION APPROVING AN AMENDMENT IN THE AMOUNT OF $31,595.00, PLUS A CONTINGENCY AMOUNT OF 53.159.00, TO THE ENGINEERING SERVICES AGREEMENT WITH CEI ENGINEERING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby approves an amendment in the amount of $31.595.00, plus a contingency amount of 53.159.00, to the engineering services agreement with CEI Engineering. A copy of the amendment is attached hereto marked Exhibit "A° and made a part hereof. PASSED AND APPROVED this ao44 day of June , 1995. ATTEST: By: . IdLikJ Traci Paul. City Clerk APPROVED: By: Fred Hanna, Mayor G.(I°72- FIRST AMENDMENT TO ENGINEERING SERVICES AGREEMENT FOR JOYCE ROAD EXTENSION FAYETTEVILLE, ARKANSAS THIS FIRST AMENDMENT to the ENGINEERING SERVICES AGREEMENT is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as "CITY", and CEI Engineering Associates, Inc., hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, the CITY and ENGINEER entered into an Agreement for Engineering Services for the extension of Joyce Road to Wilkerson Street (Johnson, Arkansas) on February 14, 1995, and WHEREAS. it is the desire of the parties to amend said contract by including additional services to the Scope of Work to be performed by the ENGINEER, and by the modification of the contract to reflect the additional expense required to perform said additional items. NOW, THEREFORE, for and in consideration of the terms, conditions, and covenants hereinafter set forth, the parties hereto do mutually agree as follows: I. Replace Task 3 of Article IV - SCOPE OF WORK, with the following: Task 3 - Final Design 1. Meet with Wilkerson Street designer to verify Joyce Street grades and drainage. 2. Coordinate with private and public utilities to identify possible conflicts with project and corrective action required. Design sewer line crossing Joyce in vicinity of Tracts 2 and 3 of Hendricks Heights subdivision, design for future water line crossing at Joyce/Wilkerson intersection, design for gas, electric, telephone, and cable crossings. 3. Perform final design of roadway improvements. Design is generally described as 4 -lanes without median from Wilkerson to Hendricks Heights Drive, 4 -lane with median from Hendricks Heights Drive to location, established by others, of a 3 -lane by 5 -lane mtersection serving property owned by Nancbar, Inc., and 5 - lanes to the eastern terminus of the project. The "Nanchar" intersection to include Left turn lanes from Joyce. Hendricks Heights Drive to be tied in to Joyce. A 2 -lane access drive to be provided in the vicinity of Tracts 2 and 3 of Joyce Boulevardilsl Amendment Page 1 05/27/95 4. Perform final design for landscaping of Joyce Street median and screening between Joyce Street roadway improvements and the north boundary of the Lenham Heights Subdivision. the Hendricks Heights subdivision. This design does not include any traffic signals, offsite drainage design, or any turning lanes not described. This design to be performed in coordination with Wilkerson Street designer to insure that Wilkerson drainage system is adequate to receive flows from this project. 5. Prepare construction drawings of improvements. Prepare a project manual to include bidding requirements, contract conditions, and technical specifications. Base and alternate bids to be prepared. Prepare construction cost estimate. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualification and expenence as a Professional Engineer. 8. Prepare cost-sharing breakout for City's use in collecting costs from others. 9. Meet with CITY to discuss project design and status. II. Modify Article IX as shown below: The following amounts shall be paid to ENGI.NEER for completing the respective Tasks outlined above: Task 3 - Final Design $ 30,610.00 Task 5 - Construction Services based on 180 calendar day construction period $ 55,545.00 II1. Total modified fee shall not exceed One Hundred Nineteen Thousand Three Hundred Thirty Dollars ($119,330.00) without written authorization from the City. IV. The effective date of this Amendment is the date it is fully executed by the parties hereto. Joyce Bou levard/l st Amendment Page 2 05/27/95 IN WITNESS WHEREOF, the parties have caused tins contract to be executed in multiple copies by the duly authorized representatives upon the dates set forth immediately below. (SEAL) CITY OF FAYETTEVILLE, ARKANSAS a municipal corporation By 194,044,10. Fred Hanna .�.“4. r(2 - Mayor ATTEST: Date �I#25/95 gar, `ant Traci Paul City Clerk CEI Engineenng Associates, Inc. By L. Dougta&Fredeen, P.E. Vice President Joyce Boutevard/Ist Amendment Page 3 05/27/95 - eiRS ENGINEERING SERVICES AGREEMENT FOR JOYCE ROAD EXTENSION FAYETTEVILLE, ARKANSAS THIS ENGINEERING SERVICES AGREEMENT is:.made and entered into by and between the City of Fayetteville. Arkansas, a municipal corporation, hereinafter referred to as "CITY", and CEI Engineering Associates, Inc , hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS. CITY desires ENGINEER to design roadway improvements for the extension of Joyce Street to Wilkerson Street !Johnson, Arkansas). NOW. THEREFORE, for and in consideration of the terms, conditions. and covenants hereinafter set forth. the part:es hereto do mutually agree as follows: ARTICLE CITY hereby agrees to retain ENGINEER to perform the services hereinafter described and agrees to compensate ENGINEER therefore in the manner provided. ENGINEER agrees to perform the services hereinafter set forth. ARTICLE II ENGINEER shall perform or supply all necessary engineering services provided in this Agreement in connection with and respecting the project. ARTICLE 1II EXISTING CONDITIONS The project is to extend Joyce Road from approximately 800 feet west of U.S. Highway 71B westerly to the Wilkerson Street improvements being designed by others. The project will be ...onstructed in one phase as designed. ARTICLE IV SCOPE OF WORK ENGINEER wit: co np:ete all Tasks as described below Faye:le% il.e AR 'Joyce Roulev,id 1:ven>i.:n e71 Page 1 :il Task 1 - Pre-des:en Investigation and Report Set horizontal and vertical control. 2. Convert electronic topographic data, supplied by the CITY. to ENGINEER's format. Retain services of geotechnical consultant and direct subsurface investigations required. Nine bores will be performed, three on the easternmost. flat area and three each on two alternate alignments north of the Lenham Heights Subdivision. 4. Survey location of bore holes. Investigate two alternate alignments for the western portion of the project Located north of the Lenham Heights Subdivision. Provide rough construction cost estimates to support Owner's selection of the final route. Since level of design is conceptual. this estimate will he for comparative purposes only and may not accurately reflect actual construction cost. Coordinate with private and public utilities to identify possible conflicts with project. Phis does not include any design of utility relocations. Meet with CITY or Wilkerson Street Consultant to discuss latest revisions and coordinate tie-in to Wilkerson Street project. Task 2 - Preliminary Design Coordinate with Wilkerson Street designer concerning intersection of Joyce Street and to coordinate drainage design. 2. Coordinate v,ith private and public utilities to identify possible conflicts with project and corrective action required. This does not include any design of utility relocations. Review projected traffic volumes provided by CITY and coordinate with CITY. Perform preliminary design of roadway improvements using 5 lanes with no median for the eastern portion and 4 lanes with a 12 -foot median for the western portion and the intersection approach This design does not include any offsite drainage design. 'this design to be performed in coordination with Wilkerson Street designer to insure that Wilkerson drainage system is adequate to receive flows from this project. The western end of the project to match existing Wilkerson Street grate and alignment. Favetteviae. AR ;rnce Bnulevare Emersion ;?; Page 2 :II '31.95 5. Perform preliminary design of landscaping for Joyce Street median and screening be:ween Joyce Stree' roadway improvements and the northern boundary of the Lenham Heights Subdivision. 6 Prepare preliminary drawings of improvements and submit to CI1Y for review and comment. 7. Meet with CITY to discuss project design and status. Task 3 - Final Design Meet with Wilkerson Street designer to verify Joyce Stree: grades and drainage. Coordinate with private and public utilities to identify possible conflicts with project and correctiv e action required. This does not include any design of utility relocations. Perform final design of roadway improvements using roadway sections and vertical and horizontal alignments set in Task 2 - Preliminary Design. The two lanes to he designed for the eastern section to he determined during final design. That portion of the stonrwater collection system which doesn't conform to the preliminary design. because of final design of only 2 lanes, shall be as determined by CITY this stormwater collection system could be comprised of headwalls, temporary stuhou:s protected with riprap. er o:her methods determined by CITY This design is to include only the temporary stormwater collection system described above, the permanent drainage structures which match those described in the preliminary design, the curb and gutter and sidewalks along the outside of the permanent lanes. and the traffic lanes as described. This design does not include any cffsite drainage design. This design to be performed in coordination with Wilkerson Street designer to insure that Wilkerson drainage system is adequate to receive flows from this project. Perform final design for landscaping of Joyce Street median and screening between Joyce Street roadway improvements and the north boundary of the Lenham Heights Subdivision. 5. Prepare construction drawings of improvements. 6. Prepare a project manual to include bidding requirements, contract conditions, and technical specifications. Fa' etterdle, AR;J1p ce Boulrvarc Extensa-In (7) Page 3 01:30/45 7. Prepare construction cost estimate. Since ENGINEER has no control over the cost of labor. materials, equipment. or services furnished by others, or over contractors'. subcontractors', or endors' methods of determining prices, cr over competitive bidding or market conditions, ENGINEER'S cost estimates shall he made on the basis of qualification and experience as a Professional Engineer. 8. Meet with CITY to discuss project design and status. Task 4 - B:d Phase Prepare advertisement soliciting bids: CITY to he responsible for advertising project. Solicit bidders, distribute plans and specifications. and respond to contractor and vendor inquiries Conduct one bid opening. tabulate and analyze bids, and make recommendation to CITY. Prepare contract documents •and assist CITY in awarding contract Task 5 - Construction Services ENGINEER sl:a11 not he responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with :he PROJECT. ENGINEER's responsibility is to insure the general conformance of the constructed product with the design Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shat) he made on the basis of qualification and experience as a Professional Engineer. the construction phase services to be provided shat: he as follows. 1. Attend a pre -construction conference with CITY and Contractor. Re-establish or verify horizontal and vertical control. 3. Provide one-time construction snaking to include construction reference line staking at 50 -foot intervals. 4. Provide phase inspections of •the completed work at critical times during the construction. Phase inspections shall he performed by the ENGINEER m the presence of the Contractor at the following periods during the construction Favette'd;e, AR J25ce Boule'ard Exier.vnn (7) Page 4 01 300.95 a. Following roadway c'earing and grubbing. h. During drainage structure and curb construction. Supervise density resting during subgrade construction. d. Following subgrade construciion. e. During laying of the roadway stone and/or asphalt base. f. Prior to the laying of the roadway asphalt or concrete surface. g. During laying of the roadway surface course. h. Following completion of surfacing, finish grading, and seeding. A progress report with any recommendations will he issued directly to CITY and Contractor immediately following each phase inspection. CITY may attend any one or all of the phase inspections Review requests for pa)men. submitted by the Contractor to the CITY. This review to be to determine whether pay request quantities are within reason and that all calculations are correct. Earthwork, paving, curb and gutter. sidewalk. seeding. or o:her items which would otherwise require field measurements are to be paid for at plan quantities unless changes are requested by CITY which result in change order. All items. such as seeding and clearing, which can he will he hid as lump sum. 7. Review required Contractor submittals for conformance to the requirements of the construction documents Prepare record drawings for CITY based upon record prints supplied by the Contractor. Task 6 - Legal Surveying Services 1. Monument Right -of -Way of Joyce Street improvements covered by this project. 2. Provide easement descriptions. 3. Provide exhibit for replat of:acquired property. Fasenevtlle. Altkvice Bou evard Extension 171 Page 5 1?0'55 ARTICLE V ITEMS TO BE PROVI.DED BY CITY The following items, :f necessan, are to be provided by CITY as pre -requisites to CEI performing services described above. 1. CITY to furnish two -foot Interval topographic mapping suitable for design purposes in AutoCad format 2. CITY to provide projected trait volumes for the Joyce Street extension which lists design traffic load. CITY to furnish property boundary maps suitable for design purposes. 4. CITY to provide any environmental submittals or reports that may be required before construction of project or which may impact design of project. Any redesign required as the resu;t of environmental issues will he considered to he extra work. CITY to provide any Wetlands Delineation Report or possible mitigation plan that may he required as a pre -requisite of construction or which may impact the design of project. Any redesign required as a result of this will be considered to be extra N ork. Fa)et:ev lle, AR:10 to Boulevard l:x:emi :r. (7) Page 6 01 30 95 ARTICLE VI EXTRA WORK The following items, in addition to 'those listed in the scope of services, are not to be perfunned by the ENGINEER without the express, written authorization of CITY. The prices listed in Article IX and the above Scope of Services are based on designing the project from start :o finish without any work stoppages. no inordinate delays in design, no redesign required by actions by CITY or others, and one round of advertising. If the design work is delayed for a period sufficient to lose continuity,;redes.ign is required :o conform to changes by others, construction is divided into multiple contracts, or more than one hid opening is required for any reason this will be considered as extra work. The cos:s for Task 5. Construction Services. are based on the calendar days listed in Article IX. 1f, for any reason, more:time than listed is required to complete the construction of the project, the work required of CLI to insure satisfactory comple:ion of the project will he considered as extra work. Parcel descriptions or area calculations, topographic survey, or similar tasks are not included :n the Scope of Services and if requested will he considered as extra work. 4 Tasks related to preparing legal document for filing or acquiring right-of-way or easements are not included in the Scope of Services and if requested will he considered as extra work. 5. This project is planned to he designed without use of retaining walls. If retaining walls are required they will be considered as extra work. The Contractor shall apply to the State of Arkansas for a stormwater discharge permit during construction at this site. This application Includes filing a Notice of Intent (NOI), preparing a Storm Water Pollution Prevention Plan, and all other work items necessary to comply with State and Federal regulations The services requested by CITY during Construction Phase do not include the following: a Regularly scheduled progress meetings. Documentation of and preparation of change orders and work change directives. Full-time on -sight observation. Fayette% ile, AR. Inyc e B.rties and Extension ;7; Page :7 0 10 95 d. Field measurement of earthwork, paving, curb and gutter, sidewalk. seeding or other ::ems which would normally require field measurement. These items to be paid at .plan quantity unless changes are requested by CITY which result in change order. All items which can be will he hid in !ump sum quantities. The addition of any services not specifically Isted in Article IV herein will be covered by the requirements of Article IX herein. ARTICLE VII It is understood and agreed that CITY may suspend, cancel, or abandon the project in whole or in part without any liability ether than payment for the work already performed by ENGINEER upon the date of notification of suspension, abandonment, or cancellation. In the event of suspension, abandonment, or cancellation of the project, CITY agrees to pay ENGINEER for all that portion of the work performed. ARTICLE VII! It is understood and agreed that all w ork performed under this Contract shall be subject to inspection and approval by CITY. ARTICLE IX The following amoums shall he paid to ENGINEER for completing the respective Tasks outlined above: Task 1 - Pre -design Investigation and Report . . ... . .. .........$ 6,335.00 Task 2 - Preliminary Design ........................... ... $ 18,120.00 Task 3 - Final Design . ............... .... .... .......... $ 17,020.00 Task 4 - Bid Phase ................................ ................... .. $ 2.540.00 Task 5 - Construction Services based on 120 calendar day construction period .... ...... ................ .. $ 37,540.00 Task 6 - Legal Surveying Services ................... ........ $ 3,430.00 Geotechnica: Investigation . . ......................... . . $ 2,750.00 TOTAL FEE . . . . . . . . . . . . . .........:.:::.:::.....:. a $ 87,73500 Page 8 C1/30'95 Fs cue'il:e. AR'Jc}ce Boule%aid Extension ') The fees shall be charged on a not-te-exceed •basis according to the attached schedule. It is hereby agreed that neither CITY Project Director nor any other agent of CITY has authority to vary, modify. or add to the terms and conditions of the Contract. ENGINEER shall he paid within 30 days of Cities receipt of a statement of services rendered. ARTICLE X It is understood and agreed that this Contract shall be construed in all matters arising hereunder, under and according to the laws of the State of Arkansas in force and effect at the time of the execution thereof. ARTICLE XI ENGINEER shall net assign any interest in this Contract and shall not transfer any interest in the same. without prior written consent of CITY. ARTICLE XII Any service deleted from this proposal by CITY will become the responsibility of CITY. Any changes by CITY after the pans have been completed shall be billed to CITY en an hourly basis per the attached Schedule of Charges. ARTICLE XIII The effective date of this Contract is the date it is fully executed by the parties hereto. This offer of services. in its present form, shall be withdrawn if not executed within 60 days from date of delivery. Favettesi'le, ARCnv ce noulec arc Eatens on 17) Page 9 01.33 95 ARTICLE XIV Warranty and liability subject to Schedule of Conditions attached. IN WITNESS WHEREOF. the parties have caused this contract to be executed in multiple copies by the duly authorized representa;ices upon the dates set forth immediately below CITY OF FAYETTEVILLE, ARKANSAS a municipal corporation (SEAL) red Ilanna Mayor ATTEST: Date F�/r , v /S, /99s Traci Paul City Clerk CEI Engineering Associates. AsciInc. i3y_ �� L. LOfl Dougla Fredeen. P.E. Vice President Fayettev'•Ile, AR I)ovice Boalevarc Extens.on i7) Page Ill ?l: +% 95 SCHEDULE OF CONDITIONS CEI Engineering Associates, Inc. (CEI) services shall be performed in a manner consistent with that level of cave and skill ordinarily exercised by other professional consultants performing comparable services under comparable circumstances at the time services are performed under this agreement. No other representations to Owner, express or implied. and no warranty or guarantee not expressly stated herein is included or intended in this agreement. Owner shall have the right to use any and all materials arising from CEI's effort on the project (the "Materials") only for purposes expressly contemplated in this agreement. The Materials shall not he used by Owner for other projects or for additions to the subject project, except by agreement in writing. Owner agrees to indemnify, defend, and hold harmless CEI against all loss, damage, liability, suit, or claim (including attorney's fees) resulting from any use of the Materials not expressly authorized by this agreement. Binding arbitration shall be a means of settling disputes if both Owner and Engineer are in agreement as to the circumstances covered by and procedures for the arbitration. All provisions under the heading "Conditions" shall survive termination or completion of this agreement.