HomeMy WebLinkAbout194-06 RESOLUTION•
RESOLUTION NO. 194-06
A RESOLUTION AWARDING AN ENGINEERING CONTRACT TO
CEI ENGINEERING ASSOCIATES, INC. IN AN AMOUNT NOT TO
EXCEED $88,380.00 FOR SURVEY, DESIGN AND BIDDING
SERVICES ASSOCIATED WITH •THE GREGG AVENUE
IMPROVEMENTS PROJECT.
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
awards a engineering contract to CEI Engineering Associates, Inc. in an amount not to
exceed $88,380.00 for survey, design and bidding services associated with the Gregg
Avenue Improvements Project.
PASSED and APPROVED this 2151 day of November, 2006.
APPROVED:
By:
ATTEST:
By
DAN COODY, Mayo / SONDRA SMITH, City Clerk
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CEI ENGINEERING ASSOCIATES, INC.
THIS AGREEMENT is made as of Aga" Jl 2006 by and between City of Fayetteville, Arkansas,
acting by and through its Mayor (hereinafter called CITY OF FAYE 1 IEVILLE) and CEI Engineering
Associates, Inc. with offices located in Bentonville, AR (hereinafter called CEI).
CITY OF FAYETTEVILLE requires professional engineering services in connection with the planning,
design, permitting and construction, of Gregg Avenue Improvements (The "Project"). Therefore, CITY
OF FAYETTEVILLE and CEI in consideration of their mutual covenants agree as follows:
CEI 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 ENGINEERING 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. If Construction Phase Services are to be provided by CEI under this Agreement, the
construction shall be executed under the observation of a professional engineer registered in the State of
Arkansas in accordance with Arkansas Code Amended §22-9-101.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
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FAYE11EVILLE.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services.
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 m scope, costs, fees, or
delivery schedule.
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SECTION 2 - BASIC SERVICES OFCEI
2.1 General
2.1.1 Perform professional design services in connection with the Project as hereinafter stated,
which shall include normal civil, structural, and surveying services.
2.1.1.1 The Scope of Services to be furnished by CEI during the Design Phase is included in
Section 2.2 hereafter and in Appendix A attached hereto and made part of this
Agreement.
2.1.1.2 The Scope of Services to be furnished by CEI during the Bidding Phase is included in
Section 2 3 hereafter and in Appendix A attached hereto and made part of this
Agreement.
2.1.1.3 The Scope of Services to be furnished by CEI during the Construction Phase, if any, will
be finalized and contained in an amendment to this Agreement after Final Design is
completed.
2.2 Design Phase Services
2.2.1 CEI will provide design services, as described in Appendix A, required to prepare detailed
drawings to show the character and scope of the Work to be performed by contractors on the
Project (hereinafter called the "Contract Drawings'), and Invitation to Bid, Instructions to
Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all
of which, together with the Contract Drawings, are hereinafter called the "Bid Documents")
for review and approval by CITY OF FAYE 1 I EVILLE, its legal counsel, and other advisors
as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related
documents.
2.2.1.1 Text documents shall be provided to CITY OF FAYEI PEVILLE in Microsoft® Word
version 2000 or later software. Contract drawings shall be prepared using standard
borders, sheet sizes, title blocks and CADD standards provided by CITY OF
FAYETTEVILLE. CEI may use their normal software for the preparation of drawings
but the fmal product shall be provided to CITY OF FAYETTEVILLE in Autodesk
AutoCAD version 2004 or later.
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2.2.1.2 Develop and include in Appeiidix B of this Agreement, a project design schedule in
which CEI shall include, in an acceptable level of detail, the steps and milestone dates to
be undertaken by CEI in the completion of this final design, including a schedule for
design reviews.
2.2.1.2.1 The progress design schedule shall consist of summary schedule listing major tasks
with durations, and a bar chart schedule depicting the duration of each sub -project
and the discrete milestone activities which make up the sub -projects, but at a
minimum shall include contract drawings, contract specifications, and design reviews
as indicated in Section 2.2.10.
2 2 1 3 When requested by the CITY OF FAYE 11 EVILLE, prepare for and attend up to two
Street Conunittee meetings and 1 City Council meeting to provide support for the project.
2.2.1.4 If the plans and specifications for the project require bids on altemates in addition to a
base bid, there shall be no more than three (3) alternates, and the alternates shall be
developed and described in accordance with Title 22, Article 9-203 of the Arkansas
Code.
2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for
filing applications for permits from or approvals of the following governmental authorities
having jurisdiction to review or approve the final design of the Project and assist in securing
approvals. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE.
Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities.
2.2.3 Advise CITY OF FAYE I lbVILLE of final Opinion of Probable Project Costs, including,
but not limited to, construction and inspection.
2.2.4 Determine land and easement requirements, provide legal descriptions for each easement to
be acquired, and provide consultation and assistance on property procurement as related to
professional engineering services being performed.
2.2.5 Provide through subcontract services or data such as geotechnical investigations, core
borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and
inspections of samples, materials, and equipment as necessary for authorized Project services
including appropriate professional interpretations of all the foregoing; property, boundary,
easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions.
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2.2.5.1 Fully disclose all subconttact agreements including the name and address of the
subconsultant, the scope of services to be provided and the value of the subcontract
agreement.
2.2.5.2 Incorporate into all subcontract agreements for planning and design engineering services
the applicable milestone dates from the Submittal Schedule and the CITY OF
FAYETTEVILLE and require all CEI sub consultants to be bound by the Submittal
Schedule.
2.2.6 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF
FAYEI I EVILLE shall designate, at completion of preliminary (30% complete) and final
(90% complete) plans. Interim reviews may be performed at the request of CEI or the CITY
OF FAYETTEVILLE in order to facilitate completion of the project.
2.3 Bidding Phase
2.3.1 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to
contractors of record. Notices shall comply with requirements of CITY OF
FAYETTEVILLE. The legal notice to be placed in legal notices section of a local
newspaper(s) of countywide and statewide circulation shall be placed by the CITY OF
FAYETTEVILLE purchasing agent.
2.3.2 Prepare addenda for drawings and Bid Documents as required and issue to contractors in a
timely manner in accordance with Construction Contract General Conditions.
2.3.3 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
2.3.4 Assist CITY OF FAYEI IhVILLE by issuing and tracking Bid Documents, addenda and
communications during bidding and maintain list of plan holders. Print and distribute copies
of plans and specifications for all prospective bidders and plan rooms. Collect from
prospective bidders an appropriate non-refundable fee to offset cost of reproducing and
distributing Bidding Documents.
2 3 5 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts. CEI shall prepare and submit bid certification documents to The City
of Fayetteville.
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2.3.6 Consult with and advise CITY OF FAYETTEVILLE ag hi the acceptability of subcontractors
and other persons and organizations proposed by the prime construction contractor(s),
hereinafter called "Contractor(s)," for those portions of the work as to which such
acceptability is required by the Bid Documents.
2.3.7 Make recommendations regarding award of construction contracts.
2.3.8 Attend City Council meeting to recommend action by the respective bodies. Prepare and
present a recommendation complete with such supporting information as necessary for the
bodies to make an informed decision on the action recommended.
2.4 Construction Phase
2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
Design Phase Services.
SECTION 3 - ADDITIONAL SERVICES OF CEI
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by CEI, CEI shall furnish or obtain from others Additional Services of the following types that are
not considered normal or customary Basic Services. The scope of Additional Services may include:
3.1.1 Administrative Assistance
Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE.
3.1.2 Preparing to serve or serving as a witness for CITY OF FAYE I I EVILLE in any litigation or
other proceeding involving the Project.
3.1.3 Extra Services
3.1.3.1 Services not specifically defined heretofore that may be authorized by CITY OF
FAYETTEVILLE.
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3.2 Contingent Additional Service`s
3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due
to circumstances beyond CEIs control, CEI shall notify CITY OF FAYETTEVILLE and
request a formal contract amendment approved by the Mayor and the City Council prior to
commencing such services. If CITY OF FAYE 11 EVILLE deems that such services
described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written
notice to CEI. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such
Contingent Additional Services are not required, CEI shall have no obligation to provide
those services.
3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's program or Project Budget.
3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CEI:
4.1 Provide full information as to CITY OF FAYETTEVJLLE's requirements for the Project.
4.2 Assist CEI by placing at CEI's disposal all available information pertinent to the assignment
including previous reports and any other data relative thereto.
4.3 Guarantee access to and make all provisions for CEI to enter upon public and private property
as required for CEI to perform his services under this Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals,
and other documents presented by CEI and render in writing decisions pertaining thereto.
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4.5 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Project.
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4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with
respect to the services to be performed under this Agreement. Such person shall have
complete authority to transmit instructions, receive information, interpret and define CITY
OF FAYE 11 EVILLE'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.
4.7 Give prompt written notice to CEI whenever CITY OF FAYE 11 EVILLE observes or
otherwise becomes aware of any defect in the Project.
4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project. Pay directly to the governmental authorities the actual filing and permit fees.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements.
4.10 Fumish, or direct CEI to provide, necessary Additional Services as stipulated in Section 3 of
this Agreement or other services as required.
4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and
General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such
documents for CEI's use in coordinating the Contract Drawings and Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to CEI in a timely manner.
SECTION 5 - PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
5.2 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. CEI 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.
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SECTION 6 - PAYMENTS TO CEI
6.1 Compensation
For the Scope of Services during described herein, CITY OF FAYE11EVILLE shall pay CEI an amount
not to Exceed the sum amount of _Eighty-eight thousand -three hundred and eighty United States Dollars
(US $ 88,380.00) in accordance with the provisions described in the following paragraphs.
6.1.1 Design Surveys and Preliminary and Final Design Services
For design surveys and preliminary and final design services to be performed by CEI, CITY OF
FAYETTEVILLE shall pay CEI for time spent on the project at the rates shown in attached Appendix C
for each classification of CEI personnel, and for reimbursable expenses. Payment shall not to exceed the
sum amount of seventy thousand two hundred and forty United States Dollars (US $70,240.00) for these
phases of work.
6.1.2 Traffic Studies, Traffic Signal Design, and Geotechnical Services
For traffic studies, traffic signal design, and geotechnical services to be performed by subconsultants,
CITY OF FAYETTEVILLE shall pay CEI the actual cost of the subconsultant services, not to exceed the
sum amount of twelve thousand four hundred United States Dollars (US $12,400.00) as detailed in the
subconsultant contracts included as Exhibit's C and D.
6.1.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE for Design services consistent with CEI's normal billing schedule
attached and made a part of this contract. 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 CEI and approved by CITY OF
FAYETTEVILLE. Applications for payment shall be accompanied each month by the
updated project design schedule as the basis for determining the value earned as the work
is accomplished. Final payment for Design services shall be made upon CITY OF
FAYETTEVILLE's approval and acceptance with the satisfactory completion of the
Design phase for the Project.
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6.1.3 Bidding Phase Services
For the Scope of Services during the Bidding Phase described herein, CITY OF FAYEI 1'EVILLE shall
pay CEI the sum of five thousand seven hundred and forty United States Dollars (US$5,740.00).
6.1.4 Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.5 Additional Services
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For authorized Additional engineering services under Section 3, "Additional Services", compensation to
CEI shall be negotiated at the time Additional services are authorized.
6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted in electronic format
simultaneously to CITY OF FAYE11EVILLE, followed by signed original document to CITY OF
FAYETTEVILLE. Statements will be based on CEI's estimated percent of services completed at the end
of the preceding month, and justified by the updated progress schedule. Program Manager shall review
the statement and forward them to CITY OF FAYEI IEVILLE with his recommendations.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of CEI'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 CEI 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.
6.4 Final Payment
Upon satisfactory completion of the work performed under this Agreement, as a condition before fmal
payment under this Agreement, or as a termination settlement under this Agreement, CEI shall execute
and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYE 1 I'EVILLE
arising under or by virtue of this Agreement, except claims which are specifically exempted by CEI to be
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set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly
agreed to by the parties to this Agreement, fmal payment under this Agreement or settlement upon
termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against CEI or his sureties under this Agreement or applicable performance and payment bonds, if any.
6.5 Fee Changes
Subject to the City Council approval, adjustment of the Not to exceed amount may be made should CEI
establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in
scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides
to shorten the duration of work from the time period specified in the Agreement for completion of work
and such modification warrants such adjustment. Changes, modifications or amendments in scope, price
or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor
and the City Council in advance of the change in scope, cost, fees, or delivery schedule.
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, CEI will
maintain (in United States Dollars) the following minimum insurance coverage's:
Type of Coverage Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
Professional Liability Insurance $1,000,000 Each Claim
CEI 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.
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7.1.2 Construction Contractors shall be required to provide (di• CTTY OF FAYE11'EVILLE may
provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured to endorse CITY OF FAYE 11 EVILLE. Construction Contractors shall be
required to provide certificates evidencing such insurance to CITY OF FAYE II'EVILLE and
CEI.
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7.1.3 CITY OF FAYE 1 IEVILLE and CEI 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 CEI's services. A provision similar to this shall be incorporated into all
Construction Contracts entered into by CITY OF FAYE 11 EVILLE, and all construction
Contractors shall be required to provide waivers of subrogation in favor of CITY OF
FAYE' I EVILLE and CEI for damage or liability covered by any construction Contractor's
policy of insurance.
7.2 Professional Responsibility
7.2.1 CEI will exercise reasonable skill, care, and diligence in the performance of CEI's services
and will carry out its responsibilities in accordance with customarily accepted professional
engineering practices. CEI agrees not to seek or accept any compensation or reimbursements
from the City of Fayetteville for engineering work it performs to correct any errors, omissions
or other deficiencies caused by CEI 's failure to meet customarily accepted professional
engineering practices. CITY OF FAYETTEVILLE retains all other remedies to recover for
its damages caused by any negligence of CEI.
7.2.2 In addition CEI will be responsible to CITY OF FAYETTEVILLE for damages caused by its
negligent conduct during its activities at the Project Site to the extent covered by CEI's
Commercial General Liability and Automobile Liability Insurance policies as specified in
Paragraph 7.1.1.
7.3 Cost Opinions and Projections
Cost opinions and projections prepared by CEI relating to construction costs and schedules, operation and
maintenance costs, equipment characteristics and performance, and operating results are based on CEI's
experience, qualifications, and judgment as a design professional. Since CEI 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,
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economic conditions, competitive bidding Sr market conditions, and other factors affecting such cost
opinions or projections, CEI does not guarantee that actual rates, costs, performance, schedules, and
related items will not vary from cost opinions and projections prepared by CEI.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of CEI'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 President or any Vice President of
CEI.
7.5 Termination
7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.1.2 An opportunity for consultation with the terminating party prior to termination.
7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that CEI is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 if termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
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7.5.3.2 Any payment due to CEI at the time of termination Sy be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of CEI's default.
7.5.4 If termination for default is effected by CEI, or if termination for convenience is effected by
CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for
services or other work performed. The equitable adjustment for any termination shall provide
for payment to CEI for services rendered and expenses incurred prior to the termination, in
addition to termination settlement costs reasonably incurred by CEI relating to commitments
which had become firm prior to the termination.
7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, CEI shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 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 CEI in performing this Agreement, whether completed or
in process.
7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYE 11 hVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
7.5.7 If, after termination for failure of CEI to fulfill contractual obligations, it is determined that
CEI 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 7.5.4 of this clause
7.6 Delays
In the event the services of CEI are suspended or delayed by CITY OF FAYETTEVILLE or by other
events beyond CEI's reasonable control, CEI shall be entitled to additional compensation and timefor
reasonable costs incurred by CEI in temporarily closing down or delaying the Project.
7.7 Rights and Benefits
CEI's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the
benefit of any other persons or entities.
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7.8 Dispute Resolution
7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYEI IEVILLE and CEI 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 CEI
in the performance of this Agreement, and disputes concerning payment.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, 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 7.8.3 and 7.8.4 have been complied
with.
7.8.3 Notice of Dispute
7.8.3.1 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;
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYE 1 £EVILLE shall give CEI written Notice at the address listed in Paragraph 7.14
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.
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and CEI 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 CEI 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.
7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to CEI for services rendered CEI.
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7.10 Publications
Recognizing the importance of professional development on the part of CEI's employees and the
importance of CEI's public relations CEI may prepare publications, such as technical papers, articles for
periodicals, and press releases, pertaining to CEI's services for the Project. Such publications will be
provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYEI I'EVILLE's advance review.
CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's
comments to CEI. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential
information from such publications, but otherwise CITY OF FAYETTEVII LE will not unreasonably
withhold approval. The cost of CEI's activities pertaining to any such publication shall be for CEI's
account.
7.11 Indemnification
7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and CEI 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.
7.12 Computer Models
CEI may use or modify CEI's proprietary computer models in service of CITY OF FAYE 1 1l:VILLE
under this Agreement, or CEI may develop computer models during CEI's service to CITY OF
FAYE 1"1 EVILLE under this Agreement. Such use, modification, or development by CEI does not
constitute a license to CITY OF FAYETTEVILLE to use or modify CEI's computer models. Said
proprietary computer models shall remain the sole property of the CEI. CITY OF FAYE 1 1 EVILLE and
CEI will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use CEI's
computer models.
7.13 . Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, estimates, specification field notes, and data are and remain the property of
CITY OF FAYETTEVILLE. CEI may retain reproduced copies of drawings and copies of other
documents.
Professional Services — Designer
Gregg Avenue Improvements A —15 022403
Engineering documents, drawings, and specifications prepared by CEI as part of the Services shall
become the property of CITY OF FAYE 1 TEVILLE when CEI has been compensated for all Services
rendered, provided, however, that CEI shall have the unrestricted right to their use. CEI 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 CEI.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. CEI 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.
7.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
City of Fayetteville Attn: Ron Petrie
113 W. Mountain
Fayetteville, AR 72701
CEI's address:
CEI Engineering Attn: Gregory Perry
3317 SW `T" Street
Bentonville ,AR 72712
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and CEI 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 FAYE 11 EVILLE nor CEI shall assign, sublet, or transfer his interest in the Agreement without the
written consent of the other.
Professional Services — Designer
Gregg Avenue Improvements
A — 16 022403
7.16 Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
7.17 Entire Agreement
This Agreement represents the entire Agreement between CEI 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 FAYEI1'bVILLE issues to CEI a purchase order, no
preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether
or not signed by CEI, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 8 - SPECIAL CONDITIONS
8.1 Additional Responsibilities of CEI:
8.1.1 N/A
8.1.2 CEI shall be and shall remain liable, in accordance with applicable law, for all damages to
CITY OF FAYETTEVILLE caused by CEI'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.
•
8.1.3 CEI's obligations under this clause are in addition to CEI's other express or implied
assurances under this Agreement or State law and in no way diminish any other rights that
CITY OF FAYE 1 1'LVILLE may have against CEI for faulty materials, equipment, or work.
8.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other
matters in question between CITY OF FAYETTEVILLE and CEI arising out of or relating to this
Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas.
Professional Services — Designer
Gregg Avenue Improvements
A —17 022403
8.3 Audit: Access to Records
8.3.1 CEI 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. CEI shall also maintain the financial information and data used by CEI 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.
The United States Environmental Protection Agency, the Comptroller General of the United
States, the United States Department of Labor, 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. CEI will provide proper facilities for such access and inspection.
8.3.2 Records under Paragraph 8.3.1 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.
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, and fixed price agreement:
8.3.3.3 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:
8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of CEI;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
Professional Services — Designer ,
Gregg Avenue Improvements A —18 022403
it
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El
8.3:3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
CEI 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
CEI 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.
8.5 Gratuities
8.5.1 If CITY OF FAYE 11 EVILLE finds after a notice and hearing that CEI or any of CEP 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, the State or
EPA 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 CEI 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 fording shall be in issue and may be reviewed in proceedings under the Remedies clause
of this Agreement.
8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against CEI as it could pursue in the event
of a breach of the Agreement by CEI. As a penalty, in addition to any other damages to
which it may be entitled by law, CITY OF FAYE 11 FVILLE 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 CEI incurs in providing any such gratuities
to any such officer or employee.
8.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and sub -
consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of
Professional Services — Designer
Gregg Avenue Improvements A — 19 022403
pl
Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, CEI 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.
8.7 Debarment And Suspension
I certify that to the best of my knowledge and belief that the company that I represent and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
I understand that a false statement on this certification regarding debarment and suspension may be
grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a
false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. 1 further
certify that 1 will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY NAME: CEI EngMn 'h9 Assoc/liars .TNc.
SIGNATURE:1, / y `94-447 DATE: 11/7/n
PRINTED NAME: Brent. L.. Massey TITLE: D%VISIbrt Leader
Professional Services — Designer
Gregg Avenue Improvements
A — 20 022403
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
&E.1 by its authorized officer have made and executed this Agreement as of the day
and year first above written.
CITY OF FAY EVILL • RKA SAS
By:
Mayor
ATTEST:
By:
City Clerk
CEI Enjineeiinj,aAssccfes, Inc.
By: 61/144417/114447
Title: Pivisini 4eatler
Changes, modifications or amendments in scope, price or fees to this Contract shall not
be allowed without formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost, fees, or delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Professional Services — Designer
Gregg Avenue Improvements A — 21 022403
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
STREET IMPROVEMENT BOND PROGRAM
GREGG AVENUE IMPROVEMENTS
1) Scope of Project
a) This project involves the construction of raised medians at various locations along
Gregg Street between Prospect Ave and North St. It also includes the addition of
a turn lane for the traffic movement of southbound Gregg St to westbound North
St. The traffic signals at the intersection of Gregg St and North St will require
adjustment with the addition of the turn lane. The approximate length of the
project is 2,200 linear feet.
b) The project does not include any adjustment to the intersection of Gregg St and
North St, with the exception of the abovementioned turn lane.
c) Other improvements along the project include the addition of "speed tables" and
"raised crosswalks". These items will be designed per the City of Fayetteville
standard details.
d) The current project will not include any drainage reports, analysis or design to the
existing system If drainage items are required, at a later time, then they will be
added by extra work authorization.
e) Along the existing sanitary sewer and water Iirie, there is pavement settlement.
Patch repair will be noted at locations as collected and shown on the survey.
f) All work between North St and Prospect Ave will occur within existing ROW
boundaries. Utility relocations (if required) may require utility easements.
g) ROW acquisition may be required for the tum lane.
h) Traffic data collection and analysis will be required to determine the length of the
proposed turn lane.
i) Installation of traffic markings will be required, within the construction limits.
Attachment B — Scope of Services
1 of 6 Gregg Avenue Improvements
2) Design Phase Services
The Scope of Services of the ENGINEER as described in the Agreement are
further defined and descnbed herein.
a) Topographic Survey
(1) Prospect Street Limits: Gregg Street to a point 300' east. Width will be from
back of curb to back of curb unless sidewalk(s) exist in which case the limits
will extend to the back of sidewalk.
(a) Topographic Survey will be provided within the limits as described above
and will include the following: 1' contours, curbs, sidewalks, visible
manholes, visible water valves, overhead utilities, intersecting streets and
driveways to the end of the radii returns, traffic striping, areas of pavement
failure are to be marked with spray paint by the engineer prior to the
survey, these areas will be delineated on the survey drawing.
(b) Excluded from the scope are underground utilities, storm dram pipes and
sanitary sewer pipes. -
(2) Gregg Street Limits (South of North Street). Prospect Street north to North
Street. Width will be from back of curb to back of curb unless sidewalk(s)
exist in which case the limits will extend to the back of sidewalk
(a) A Topographic Survey will be provided within the limits as described
above and will include the following: 1' contours, curbs, sidewalks,
visible manholes, visible water valves, overhead utilities, intersecting
streets and driveways to the end of the radii retums, traffic striping, areas
of pavement failure are to be marked with spray paint by the engineer
prior to the survey, these areas will be delineated on the survey drawing.
(b) Excluded from the scope are underground utilities, storm drain pipes and
sanitary sewer pipes.
(3) Gregg Street Limits (North of North Street). From North Street to a point
450' north. Width will be from the right-of-way on the east side to 20' beyond
the right-of-way on the west side.
(a) A limited Boundary Survey will be provided sufficient enough to establish
the rights-of-way on both sides within the limits described above. A
Topographic survey will be provided within the limits as described above
and will include the following: 1' contours, curbs, sidewalks, intersecting
streets and driveways to the end of the radii returns, storm drainage,
retaining walls, delineation of major landscaping, parking areas, trees
6" in diameter and larger, traffic striping, traffic signals, signal poles,
signal control boxes, above ground utilities, under ground utilities will be
shown by utilizing a combination of plans furnished by the client, City
GIS and utility locates.
(4) North Street Limits (West of Gregg Street): From the intersection of Gregg
Street to a point 175' west. Width will be from the back of curb on the south
side, unless sidewalk(s) exist, in which case the limits will extend to the back
of sidewalk to 20' beyond the north right-of-way.
Attachment B — Scope of Services
2 of 6 Gregg Avenue Improvements
(a) A limited Boundary Survey will be provided sufficient enough to establish
to the right-of-way on the north side within the limits described above. A
Topographic Survey will be provided within the limits as described above
and will include the following: 1' contours, curbs, sidewalks, intersecting
streets and driveways to the end of the radii returns, storm drainage,
retaining walls, delineation of major landscaping, parking areas, trees 6"
in diameter and larger, traffic striping, traffic signals, signal poles, signal
control boxes, above ground utilities. Under ground utilities will be shown
by utilizing a combination of plans furnished by the client, City GIS and
utility locates.
(5) North Street Limits (East of Gregg Street). From the intersection of Gregg
Street to a point 100' east. Width will be from back of curb to back of curb
unless sidewalk(s) exist in which case the limits will extend to the back of
sidewalk.
(a) A Topographic Survey will be provided within the limits as described
above and will include the following 1' contours, curbs, sidewalks,
visible manholes, visible water valves, intersecting streets and driveways
to the end of the radii returns, traffic striping, traffic signals, signal poles
and signal control boxes.
(b) Excluded from the scope are underground utilities, above ground utilities,
storm drain pipes and sanitary sewer pipes.
(6) Miscellaneous Items:
(a) Semi-permanent control points will be placed along the project at intervals
not to exceed 500'. When possible they will also be placed outside of the
right-of-way in an effort to preserve them for the future project control.
The GPS control, as published for Fayetteville, will be used for the basis
of coordinates.
(b) Utility locator service(s) will be used to mark utilities on the ground prior
to survey. Fees associated with the locator service(s) will be billed to the
client as a reimbursable expense. Estimated cost is $ 400.00.
(c) Right-of-way and/or easement exhibits with descriptions will be provided,
as needed, for the property west of Gregg Street and north of North Street.
(d) An easement and/or right-of-way exhibit and description will be provided
on an estimated two parcels.
(e) CEI proposes to provide Exhibits with descriptions at a lump sum of
$650.00 each plus reimbursable expense.
(7) Consultation for property procurement
(a) Provide consultation or assistance as necessary to procure property as it
relates to the right-of-way and/or easement documents as described above.
Services to be provided will be confined to that which is allowed by a
Registered Professional Land Surveyor.
(b) CEI proposes to provide consultation or assistance as necessary on an
hourly basis up to $1,4440.00 plus reimbursable expenses.
Attachment B — Scope of Services
3 of 6 Gregg Avenue Improvements
(8) Additional Services
(a) Revisions that may be required due to changes in topography, physical
features, utilities, parcel configurations and parcel ownership that occur
subsequent to the finalization of this project as outlined herein and prior to
CEI's Engineering Design can be furnished upon request by the City of
Fayetteville and will be based on hourly rates as outlined in CEI's
"Schedule of Charges" current at the time of request.
(9) Items to be furnished by client:
(a) Reimbursement for the cost of title searches with all supporting
documents.
Reimbursement for the cost of utility locator service(s).
Reimburse expenses per the attached "Arkansas Schedule of Charges".
Permission to access properties outside of rights-of-way.
Items not included in this proposal:
Complete Boundary Surveys of the individual parcels.
Deliverables:
Drawings in a digital format of ACAD, PDF or TIFF and certified
hardcopies.
b) Traffic Study and Traffic Signal Design
See attached Exhibit 'C' for TEC proposal for traffic services.
c) Geotechnical Investigations
See attached Exhibit 'D' for Terracon proposal for geotechnical testing services.
d) Preliminary Design Phase (30%)
(1) Prepare preliminary plan drawings showing existing and proposed facilities.
Horizontal scale of drawings to be 1 20 or larger. Vertical scale to be 1:5.
Preliminary design plans and documents to include the following:
(a) Prepare the preliminary title sheet.
(b) Preliminary horizontal and vertical geometric sheet layout. Show the
project horizontal and vertical control.
(c) Create plan sheets showing the limits of work, roadway dimensions,
median widths and locations of milling and overlays, sidewalks, ADA
ramps and railings.
(d) Prepare preliminary general construction notes.
(e) Prepare a temporary retaining wall layout in plan and profile. Receive
approval of layout, material and texture/pattern.
(f) Prepare preliminary typical sections for construction of the proposed
widened roadway section and median placement sections.
(g) Prepare preliminary traffic signal layout and details, as warranted and
approved by the City of Fayetteville. Provide preliminary plan sets for
utility companies review and coordination.
Attachment B — Scope of Services
4 of 6 Gregg Avenue Improvements
(2) Final Design Phase (90%)
(a) Complete the title sheet.
(b) Prepare project layout sheet. Sheet to show the limits and alignments of
the projects, label cross streets and label beginning and ending of
construction.
(c) Substantially complete the general construction notes.
(d) Substantially complete the typical sections.
(e) Prepare traffic control plans, detour layouts and advance signing plans in
accordance with the latest revision of the "Manual of Uniform traffic
Control Devices".
(f) Prepare the lane closure sheet(s). Sheets to detail lane closure items and
present a typical section view of the construction.
(g) Prepare erosion and sediment control sheets, to comply with federal state
and local regulations.
(h) Substantially complete the paving plan sheets.
(i) Substantially complete the retaining wall layout(s).
(j) Prepare signing and striping sheets.
(k) Substantially complete the traffic signal sheets.
(1) Prepare soil boring sheets. Soil boring information to include lab data and
soil characteristics.
(m)Show any sanitary sewer manhole adjustments and water valve
adjustments as necessary for construction.
(n) Provide details to be incorporated into the plans.
(o) Prepare the opinion of probable cost.
(3) Attend design progress meetings with the CITY.
(4) Provide written responses to design review comments provided by the CITY.
3) Project Deliverables
a) Two copies of the Traffic Study Report
b) Two copies of the Geotechnical Report
c) Three copies of the 30% plan set
d) Three copies of the 90% plan set, with the opinion of probable cost.
e) Three copies of the revised Final Plans, cost estimates, specifications and contract
documents and other supporting documents.
f) Three copies of the Final plans and Specifications to the Contractor.
g) Three copies of Right -of —Way plans and acquisition documents.
h) Electronic files as requested.
4) General
a) All street construction shall follow the guidelines described in the City of
Fayetteville street design manuals.
b) Record drawings shall be provided on a computer media in AutoCAD format in
addition to reproducible drawings.
c) Attend meetings with Owner and Agencies for plan review, project coordination
and right-of-way.
Attachment B — Scope of Services
5 of 6 Gregg Avenue Improvements
d) The ENGINEER should anticipate a 14 calendar day review period by the CITY
between the completion of one phase and the beginning of the following phase.
Additional time may be required for review by agencies.
e) The plans, specifications and contract documents authorized by this Agreement
shall be prepared to allow construction bids to be received and construction to be
performed under one construction contract. Demolition of building structures, if
required, will be included in the construction contract.
1) Subcontracting of services by the ENGINEER shall have prior approval of the
OWNER.
5) Bid Phase Services
a) Prepare bid advertisement, in compliance with City of Fayetteville standards.
b) Send the advertisement to contractors of record.
c) Prepare addenda, answer RFI's in a timely manner.
d) Collect recent wage rate information and incorporate into the Bid Documents
e) Assist with tracking the RFI's, Addenda and other information.
1) Assist with evaluating bids.
g) Aide with recommendations conceming subcontractors and the awarding of
contracts.
h) Attend meetings as required.
6) Construction Observation
a) Construction observation services shall be agreed to and negotiated as an item of
Extra Work.
Attachment B — Scope of Services
6 of 6 Gregg Avenue Improvements
OFFICE
LOCATIONS:
CALIFORNIA
ARIZONA
TEXAS
ARKANSAS
TENNESSEE
MINNESOTA
PENNSYLVANIA
ENGINEERS • SURVEYORS • PLANNERS
LANDSCAPE ARCHITECTS • ENVIRONMENTAL SCIENTISTS
1.800.433.4173 WWW.CEIENG.COM
ARKANSAS SCHEDULE OF CHARGES
CHARGES for our services are divided into three categories: Labor, Consultants, and
Reimbursable Expenses. A new schedule of charges and conditions is issued at the
beginning of each year. The schedule of charges may also be revised during the year as
conditions dictate.
LABOR: Labor charges are made for all client activity directly attributable to a project.
No charge is made for general office administration, accounting or maintenance. Labor
charges are billed by category as follows:
Officer/Regional Manager
Department Manager
Program Manager
Registered Landscape Architect
Project Manager
Planning Project Manager
Project Engineer
Project Designer
Survey Project Manager
Assistant Survey Project Manager
CAD Designer
CAD Technician
Construction Observer
Survey Party Chief
Survey Technician
Field Specialist
Program Assistant
$125.00
$115.00
$100.00
$ 95.00
$ 95.00
$ 95.00
$ 95.00
$ 85.00
$ 90.00
$ 80.00
$ 75.00
$ 65.00
$ 65.00
$ 70.00
$ 70.00
$ 55.00
$ 55.00
SUB -CONSULTANT SERVICES: In cases where CEI Engineering Associates, Inc.,
retains another engineering consultant to provide services outside of our area of practice,
cost of such services will be charged at actual invoice cost, subject to prior approval by
client.
REIMBURSABLE EXPENSES: Outside services, and related materials, will be charged
at the actual invoice cost. In addition, direct out-of-pocket costs such as postage,
delivery services, travel (other than vehicle mileage), and subsistence expenses will be
charged at actual costs. Vehicle mileage is billed at the applicable I.R.S. rate allowed per
mile.
All impact, permitting, expediting, and review fees will be charged at 15% over the cost of
GEORGIA the fee unless the client is willing to pay those fees directly to the service provider.
FLORIDA
CREDIT POLICY: Terms will be given only to clients with approved credit. Invoices will
be rendered monthly, either as final or progress billing. CEI payment terms are net 30
days. Invoices past 30 days due will be subject to a monthly service charge, which will
be assessed in compliance with Arkansas usury laws. Should the account be placed for
collection with an outside collector, the cost of such collections will be added to the
principal amount owing.
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City of Fayetteville CEI # -
Proposal for Wilson Park Bond - City of Fayetteville
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Project Lent = 2200 It
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Appendix B
Gregg Avenue
Improvements
SummaryDesign Schedule
Task
Duration
Traffic Data Collection
30 Days
from
Notice to Proceed
Field Surveys
30 Days
from
Notice to Proceed
Roadway - 30% Preliminary Design
48 Days
from
Notice to Proceed
City Review Time
14 Days
from
Receipt of Preliminary Design
Roadway - 90% Final Design
45 Days
from
Receipt of Preliminary Review Comments
City Review Time
14 Days
from
Receipt of Final Design
Final Corrections
10 Days
from
Recipt of Final Review Comments
II
ONSULTANTS
EXHIBIT C
October 25, 2006
Gregory W. Perry, P.E.
Transportation Department Manager
CEI Engineering Associates, Inc.
3317 S.W. "I" Street
Bentonville, AR 72712
SUBJECT: TRAFFIC DESIGN SERVICES PROPOSAL
Gregg Ave. & North St. / Fayetteville
Please accept this letter as a proposal for Traffic Engineering Consultants, Inc. (TEC) to
provide professional traffic engineering design services for an intersection capacity
analysis and a traffic signal modification design at the Gregg Ave. and North St.
intersection in Fayetteville. The services will include the required design for a relocation
or replacement of the traffic signal pole on the northwest comer of the intersection in
accordance with AHTD and/or City of Fayetteville standards and specifications. It may
also include wiring, signal head, and signal phasing changes required in order to add a
right turn overlap for the new southbound right turn lane. It will include the preparation
of all plans and cost estimates required for bidding. The signal modification sheets will
be prepared for insertion into the roadway plans that CEI will be preparing for the new
southbound right turnlane.
It is understood that CEI will be preparing the roadway plans and that they will be
furnished to TEC as a base map for the signal design. The topographic survey will be
completed by CEI and will be of adequate coverage for signal design. The City of
Fayetteville will assist TEC in locating existing conduits and cabling around the
intersection for use in developing our base map and modification plans.
Peak hour turning movement data will be collected at the intersection between 7:00 a.m.
and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m. on a weekday. This data will be used
to prepare capacity analyses using Synchro traffic analysis software, to identify the
recommended right turn storage lane length and to evaluate the benefit of providing a
right turn overlap phase for the new right turn lane. The capacity analyses will be
completed within 30 days of receiving notice to proceed.
Traffic Engineering Consultants, Inc.
60oo S. Western, Suite 300 • Oklahoma City, OK 73139 •405.720.7721. 405.720.9848 Fax
6931 S. 66th E. Ave., Suite loo • Tulsa, OK 74133 •918.481.8484.918.481.3163 Fax
The preliminary signal plans will be completed in 45 days after receipt of an electronic
copy of the proposed roadway design. The roadway plans are to indicate both
underground and aboveground utilities as well as right-of-way. All comments received
after the plan -in -hand review will be incorporated into the final signal plans. The final
plans will be submitted 30 days following receipt of the review comments.
The proposed fee for the data collection and capacity analyses is a lump sum fixed fee of
$1,500.00. The proposed fee for the signal modification design is a lump sum fixed fee
of $9,000.00. The total lump sum fixed fee will be $10,500.00. Invoices will be
submitted monthly based on percent of work completed.
One review meeting is included in the fee. Additional services including attendance at
extra meetings and/or changes to the study scope will be provided on an hourly basis
according to the attached rate schedule. This proposal and fee will be considered valid
for 180 days.
If you are in agreement with the terms as stated, please indicate your acceptance by
signing this letter and returning a copy to our office. The returned letter will be
considered as notice to proceed.
We appreciate the opportunity to provide this proposal to CEI Engineering Associates
and look forward to working with you and the City of Fayetteville on this project.
Should you have any questions or need additional information, please call.
Sincerely,
Jon Eshelman, P.E., PTOE
Approved:
EI En ' ring Associ
tYa64z
Date
Traffic Engineering Consultants, Inc.
6000 S. Western, Suite 300 • Oklahoma City, OK 73139 •405.720.7721.405.720.9848 Fax
6931 S. 66th E. Ave., Suite loo • Tulsa, OK 74133 • 918.481.8484 • 918.481.3163 Fax
Man -Hour and Expenses Estimate
Data Collection and Capacity Analysis
• Senior Engineer 6 hrs. $630
• Data Collector 16 hrs. $640
• Hotel/Mileage/Per Diem $230
Total $1500
Signal Modification Design
•
Senior Engineer
Site Visit
8 hrs.
$840
•
Senior Engineer
Prelim. Design
16
hrs.
$1680
•
Senior Engineer
Review Mtg.
8 hrs.
$840
•
Senior Engineer
Final Design
16
hrs.
$1680
•
Technician
Prelim. Design
16
hrs.
$1040
•
Technician
Final Design
16
hrs.
$1040
•
CAD Operator
Prelim. Design
16
hrs.
$880
•
CAD Operator
Final Design
12
hrs.
$660
•
Mileage/Per Diem/Printing
$340
Total
$9000
Traffic Engineering Consultants, Inc.
600o S. Western, Suite 300 • Oklahoma City, OK 73139 •405.720.7721. 405.720.9848 Fax
6931 S. 66th E. Ave., Suite too • Tulsa, OK 74133 . 918.481.8484 • 918.481.3163 Fax
Traffic Engineering Consultants, Inc.
Rate Schedule
Classification
Hourly Rate
Senior Engineer
$105.00
Engineer Intern
$75.00
Technician
$65.00
CAD Operator
$55.00
Data Collector
$40.00
Traffic Engineering Consultants, Inc.
6000 S. Western, Suite 300.Oklahoma City, OK 73139• 405.720.7721 • 405.720.9848 Fax
6931 S. 66th E. Ave., Suite 100 . Tulsa, OK 74133 •918.481.8484 . 918.481.3163 Fax
x1�IV b
October 13, 2006 Irerracon
5479 Halley Avenue
Springdale, Arkansas 72762
CEI Engineering Associates, Inc. - (479) 750-9775 Fax: (479) 750-9763
3317 S.W. '4" Street
Bentonville, Arkansas 72712
Attention: Mr. Greg Perry
Re: Subsurface Exploration Proposal
Proposed Gregg Avenue Retaining Wall
Fayetteville, Arkansas
Proposal No. D3906115
Dear Mr. Perry:
We are pleased to
provide
a proposal to perform the subsurface
exploration and geotechnical
engineering -services
for the
proposed Gregg Avenue Retaining Wall
in Fayetteville, Arkansas.
PROJECT DESCRIPTION
We understand the project will consist of constructing an approximate 200 to 250 foot long
retaining wall with a maximum height of less than 15 feet on the corner of Gregg Avenue and
North Street in Fayetteville, Arkansas.
SCOPE OF SERVICES
The purpose of the subsurface exploration is to obtain data to provide geotechnical
recommendations for the design and construction of the retaining wall, as related to the
subsurface conditions encountered at the boring locations.
We propose
to drill three borings to maximum
depths of about 15 feet, or auger
refusal, whichever
occurs first,
for this project. Sampling will be
performed in general accordance
with our standard
procedures;
wherein, five split -barrel samples
are obtained in the upper 10 feet
of the borings and
one sample
is obtained at intervals of 5 feet below a depth of 10 feet until boring
termination depth
or to auger refusal, whichever occurs first.
Laboratory testing will be performed in accordance with our standard procedures; wherein,
moisture content tests and, where applicable, hand penetrometer tests are performed on split -
barrel samples. Atterberg limits and/or sieve analysis tests will be performed on representative
subgrade materials.
After completing the field exploration and testing, a report will be prepared by a Registered
Professional Engineer. The report will include a boring location plan; a boring log with field and
laboratory data; and recommendations for the design and construction of the retaining wall, as
related to the subsurface conditions encountered at the boring locations.
Arizona ■ Arkansas ■ California ■ Colorado ■ Georgia ■ Idaho ■ Illinois ■ Iowa ■ Kansas ■ Kentucky III Minnesota ■ Missouri
Montana ■ Nebraska ■ Nevada ■ New Mexico ■ North Carolina ■ Oklahoma ■ Tennessee ■ Texas ■ Utah ■ Wisconsin ■ Wyoming
Consulting Engineers & Scientists Since 1965
www.terracon.com
Proposed Gregg Avenue Retaining Wall
Fayetteville, Arkansas
Proposal No. D3906115
October 13, 2006
COMPENSATION
irerraron
Based on the above scopes of services, we propose a lump sum cost of $1,900.00 to complete
the scope of services described above. Should site and/or subsurface conditions be encountered
which require major revisions in the subsurface exploration program and/or result in significantly
higher costs, we will contact you prior to initiating this work. Unless otherwise instructed, invoices
will be submitted to:
CEI Engineering Associates, Inc.
3317 S.W. "I" Street
Bentonville, Arkansas 72712
Attention: Mr. Greg Perry
CONDITIONS
Items to be provided by the client include the right -of -entry to conduct the exploration and an
awareness and/or location of any subsurface utilities existing in the area. If there are any
restrictions or special requirements regarding the site of exploration, these should be known prior
to commencing field work. This proposal should be considered a part of the attached Agreement
for Services.
The above fee estimates are based on our providing field layout of the boring locations and boring
locations being accessible to our truck -mounted drill rig. The boring locations are typically
established by pacing distances and estimating angles from recognizable site features. Ground.-
surface elevations at the boring locations are also approximate and are generally obtained using
an engineer's level from a convenient reference point. If a specific reference elevation is desired,
the location and elevation of the benchmark will be needed prior to commencing field work. The
locations and elevations of the borings should be considered accurate only to the degree implied
by the methods used to locate the borings.
PERFORMANCE SCHEDULE
We anticipate starting the field exploration within one week of receiving written authorization to
proceed. Our complete geotechnical report will typically be submitted within 2 weeks of completing
the field work.
Proposed Gregg Avenue Retaining Wall lierracon
Fayetteville, Arkansas
Proposal No. D3906115
October 13, 2006
Please return one signed copy of the. attached Agreement for Services as our written.
authorizationto proceed. If you have any questions, or if we can be of further service, please do
not hesitate to contact us.
Sincerely,
TERRACON
Kenneth . McCurdy,
Office Manager
KLM
Enclosure
Copies to: Addressee (2 + e-mail)
3
lierracon
AGREEMENT FOR SERVICES
This AGREEMENT is between CEI Engineering Associates, Inc. ("Client") and Terracon Consultants. Inc. ('Consultant") for Services to be provided by
Consultant for Client on the Gregg Avenue Retaining Wall project ('Project), as described in the Project Information section of Consultant's Proposal
dated October 13. 2006 ("Proposal") unless the Project is otherwise described in Exhibit Ato this Agreement (which section or Exhibit is incorporated
into this Agreement). - - I -
1-. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal (Services"), unless
Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the
Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's
reports., address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, 4iruses; or their byproducts) or occupant safety
issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate
software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and
furnished to Consultant at thelime of the Services.
2. Acceptance. Client, agrees that execution of this Agreement is,a material element of the consideration Consultant requires to execute the
Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request; both
parties shall consider that commencement of Services constitutes formal acceptance of all, terms and conditions of this Agreement. -.Additional
terms and conditions may be added or changed only by written. amendment to this Agreement signed by both parties. In the event Client uses a
purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms It contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so
requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and
fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but
instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant
will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at
the site or described to Consultant at -the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation
section of the Proposal unless fees are otherwise stated in Exhibit C. to this Agreement (which section or Exhibit is incorporated into this
Agreement), If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in
writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall
promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all
unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may
suspend Services for lack of timely payment. -
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
party beneficiaries Intended; Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a
limited time period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon.with
Client, however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and
Consultant receives the agreed -upon reliance fee,
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDSASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANTS FEE RELATIVE. TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
RISKS SO, TO THE .FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO -CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO
THE GREATER OF $25,000 OR ITS FEE; FOR ANY. AND ALL INJURIES; DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING
ATTORNEY AND EXPERT FEES) ARISINGOUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY
TO THE EXTENT.THE DAMAGE IS PAID UNDER CONSULTANTS COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute. of Limitations. Consultant and Client shall defend, Indemnity,, and hold harmless., the other, their agents, and
employees, from and against legal liability for all claims, losses, -damages; -and expenses to the extent such claims, losses, damages, or
expenses are caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the
joint or concurrent negligence of Consultant and Client, they -shall be borne by each party.in proportion to its own negligence under comparative
fault principles. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s) or the theory of liability, including
negligence. Indemnity or other recovery shall be deemed to have accrued and the, applicable statute of limitations shall commence to run not later
than the date of Consultant's substantial completion of services on the project. - . . -
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the-samefocale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR,
WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (I) workers' compensation insurance in accordance with the
laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance
($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and
P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon
request. Client and Consultant shallwaivesubrogation against the other party on all general liability and property coverage.
Agreement Reference Number (Terracon Proposal or Project Number):D3906115
i •
nt [FdCUn
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE. OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS
OF. USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES; GOODS, OR SERVICES; COST OF CAPITAL;
OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11, Dispute Resolution. Client shall not be entitled to asserta Claim against Consultant based on any theory of professional negligence unless
and until Client has obtained the written opinion from a registered, independent, and reputable -engineer, architect, or geologist that Consultant
has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the
parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed
by and construed according to Kansas law. . . -
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or
other exploratoryservices..Client understands Consultant's layout of boring and test locations'isapproximate and that Consultant may deviate a
reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services;,
however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless.
specifically included in the Services. . .
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures
indicate conditions' only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions
based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive,
and are conducted to -reduce -not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client
is responsible (even if delegated to contractor) for notifying and scheduling Consultant so Consultant can perform these Services. Consultant
shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Consultant's
performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or
create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or its subcontractors and is not
responsible for their means and methods.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests.
(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or
available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or
contaminated materials ('Affected Materials') at or near the site, and shall immediately transmit new, updated, or revised information as it
becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the
Services, and that Client is responsible for directing such disposition. In the event that test samples obtained during the performance of Services
(i) contain substances hazardous to health, safety, :or the environment, or (ii) equipment used during the Services cannot reasonably be
decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment and/or samples are transported and disposed of
properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be
required to sign a hazardous waste manifest or take tide to any Affected Materials. Client shall have the obligation to make all spill or release.
notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of
any Affected Materials conditions at the site. Accordingly. Client waives any claim against Consultant and agrees to indemnify and save Consultant, its
agents, employees, and related companies harmless from any claim, liability or defense cost, including attorney and expert fees, for injury, or loss
sustained by any party from such exposures allegedly arising out of Consultant's non -negligent performance of services hereunder, or for any claims
against Consultant as a generator, disposer, orarranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as. reports, logs, data, notes, or calculations, prepared by Consultant shall remain
Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of
Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are.not correctly' marked, including by a utility locate service, or
are incorrectly shown on the plans furnished to Consultant. .
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence
and complete the Services and will execute any necessary site access agreement Consultant will be responsible for supervision and site safety
measures for its own employees; but shall not be responsible for the supervision or health and safety precautions for any other parties, including
Client, Client's contractors, subcontractors, or other parties present at the site.
18. Termination. Either party may terminate this Agreement or the Services upon written notice to the other. In such case. Consultant shall be paid
costs incurred and fees earned to the date of termination plus reasonable costs of closing the project.
Consultant err E dsultants, Inc.
By: - Date:,' 10/13/2006
Name itle: Kenneth L. urdy, P.E./Office Manager
Address: 5479 Halley venue
Fax: 479.750.9783
Client:
Inc:
Address: 3317 S.W. "I" Street
Bentonville,- Arkansas 72712 - - -
Phone:- 479.273.9472 - ' Fax: 479.273.0844
Agreement Reference Number (Terracon Proposal or Project Number):D3906115
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
1 1121 /2 0 0 6
City Council Meeting Date
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
A resolution approving an Engineering Contract with CEI Engineering Associates, Inc. in an amount not to exceed
$88,380 for surveying, design, and bidding services associated with the Gregg Avenue Improvements Project.
$ 88,380.00
Cost of this request
9524,- 4 5.2p — 5go9 .oa
0170 5800 08
PA4.
Account Number
Project Number
Budgeted Item �X
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
ll3•cc
Department irec or Date
It os
City Attorney D e
Finance and Internal Service Director Date
Mayor Date
Program Category / Project Name
Street Improvements
Program / Project Category Name
Sales Tax Capital Improvements
Fund Name
0
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received i Cit Cler s Office
RED
113J(Q
Received in Mayor's Office ENT p�.
W
City of Fayetteville
Engineering Division
113 West Mountain
Vi1Ie
Fayetteville, AR 72701
ph: 479-575-8206
ARKANSAS
fax: 479-575-8202
Date: November 3, 2006
To: Fayetteville City Council
Thru: Dan Coody, Mayor
Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Subject: A resolution approving an Engineering Contract with CEI Engineering Associates, Inc.
in an amount not to exceed $88,380 for surveying, design, and bidding services
associated with the Gregg Avenue Improvements Project.
RECOMMENDATION:
Staff recommends approval
of a Contract with
CEI Engineering Associates, Inc.
in
the amount of
$88,380 for design services
for Gregg Avenue
Improvements, from North Street
to
Prospect Street.
BACKGROUND:
This work is included in the Transportation Improvement Bond Program as a part of the Wilson
Park/Washington-Willow Area Transportation Improvements Project.
DISCUSSION:
Under this contract, CEI will provide traffic studies, field surveys, design and other services needed to
develop construction plans and specifications for the project, and bid phase services. The scope of the
project includes construction of a southbound right -turn lane on Gregg Avenue at North Street,
construction of a narrow, mountable median on Gregg Avenue south of North Street to Prospect,
construction of speed tables along Gregg Avenue, and construction of raised crosswalks at the
intersection of Prospect and Gregg. Pavement overlay and minor repairs to Gregg Avenue adjacent to
the median are also planned.
The contract amount will not exceed $88,380. This fee includes $70,240 for design services provided
by CEI, $12,400 for design services to be provided by sub -consultants, and $5,740 for bid phase
service. CEI has proposed a contract time of approximately 4.5 months to complete the design
services.
BUDGET IMPACT:
This contract will be paid from the funds available from the Wilson Park/Washington-Willow Area
Transportation Improvement Project. The total project budget in the Bond Program is $4,277,000.
RESOLUTION NO.
A RESOLUTION AWARDING AN ENGINEERING CONTRACT TO
CEI ENGINEERING ASSOCIATES, INC. IN AN AMOUNT NOT TO
EXCEED $88,380.00 FOR SURVEY, DESIGN AND BIDDING
SERVICES ASSOCIATED WITH THE GREGG AVENUE
IMPROVEMENTS PROJECT.
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
awards a engineering contract to CEI Engineering Associates, Inc. in an amount not to
exceed $88,380.00 for survey, design and bidding services associated with the Gregg
A venue tmnrnvvmante Prniart
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CEI ENGINEERING ASSOCIATES, INC.
THIS AGREEMENT is made as of . 2006, by and between City of Fayetteville, Arkansas,
acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and CEI Engineering
Associates, Inc. with offices located in Bentonville, AR (hereinafter called CEI).
CITY OF FAYETTEVILLE requires professional engineering services in connection with the planning,
design, permitting and construction, of Gregg Avenue Improvements (The "Project"). Therefore, CITY
OF FAYETTEVILLE and CEI in consideration of their mutual covenants agree as follows:
CEI 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 ENGINEERING 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. If Construction Phase Services are to be provided by CEI under this Agreement, the
construction shall be executed under the observation of a professional engineer registered in the State of
Arkansas in accordance with Arkansas Code Amended §22-9-101.
SECTION 1- AUTHORIZATION OF SERVICES
e
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services.
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.
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SECTION 2- BASIC SERVICES OFCEI
2.1 General
2.1:1 Perform professional design services in connection with the Project as hereinafter stated,
which shall include normal civil, structural, and surveying services.
2.1.1.1 The Scope of Services to be furnished by CEI during the Design Phase is included in
Section 2.2 hereafter and in Appendix A attached hereto and made part of this
Agreement.
2.1.1.2 The Scope of Services to be furnished by CEI during the Bidding Phase is included in
Section 2.3 hereafter and in Appendix A attached hereto and made part of this
Agreement.
2.1.1.3 The Scope of Services to be furnished by CEI during the Construction Phase, if any, will
be finalized and contained in an amendment to this Agreement after Final Design is
completed.
2.2 Design Phase Services
2.2.1 CEI will provide design services, as described in Appendix A, required to prepare detailed
drawings to show the character and scope of the Work to be performed by contractors on the
• Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to
Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all
of which, together with the Contract Drawings, are hereinafter called the "Bid Documents")
for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors
as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related
documents.
2.2.1.1 Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoft® Word
version 2000 or later software. Contract drawings shall be prepared using standard
borders, sheet sizes, title blocks and CADD standards provided by CITY OF
FAYETTEVILLE. CEI may use their normal software for the preparation of drawings
but the final product shall be provided to CITY OF FAYETTEVILLE in Autodesk
AutoCAD version 2004 or later.
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2.2.1.2 Develop and include in Appendix B of this Agreement, a project design schedule in
which CEI shall include, in an acceptable level of detail, the steps and milestone dates to
be undertaken by CEI in the completion of this final design, including a schedule for
design reviews.
2.2.1.2.1 •The progress design schedule shall consist of summary schedule listing major tasks
with durations, and a bar chart schedule depicting the duration of each sub -project
and the discrete milestone activities which make up the sub -projects, but at a
minimum shall include contract drawings, contract specifications, and design reviews
as indicated in Section 2.2.10.
2.2.1.3 When requested by the CITY OF FAYETTEVILLE, prepare for and attend up to two
Street Committee meetings and 1 City Council meeting to provide support for the project.
2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a
base bid, there shall be no more than three (3) alternates, and the alternates shall be
developed and described in accordance with Title 22, Article 9-203 of the Arkansas
Code.
2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for
filing applications for permits from or approvals of the following governmental authorities
having jurisdiction to review or approve the final design of the Project and assist in securing
approvals. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE.
Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities.
2.2.3 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including,
but not limited to, construction and inspection.
2.2.4 Determine land and easement requirements, provide legal descriptions for each easement to
be acquired, and provide consultation and assistance on property procurement as related to
professional engineering services being performed.
2.2.5 Provide through subcontract services or data such as geotechnical investigations, core
borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and
inspections of samples, materials, and equipment as necessary for authorized Project services
including appropriate professional interpretations of all the foregoing; property, boundary,
easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions.
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2.2.5.1 Fully disclose all subcontract agreements including the name and address of the
subconsultant, the scope of services to be provided and the value of the subcontract
agreement.
2.2.5.2 Incorporate into all subcontract agreements for planning and design engineering services
the applicable milestone dates from the Submittal Schedule and the CITY OF
FAYETTEVILLE and require all CEI sub consultants to be bound by the Submittal.
Schedule.
2.2.6 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF
FAYETTEVILLE shall designate, at completion of preliminary (30% complete) and final
(90% complete) plans. Interim reviews may be performed at the request of CEI or the CITY
OF FAYETTEVILLE in order to facilitate completion of the project.
2.3 Bidding Phase
2.3.1 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to
contractors of record. Notices shall comply with requirements of CITY OF
FAYETTEVILLE. The legal notice to be placed in legal notices section of a local
newspaper(s) of countywide and statewide circulation shall be placed by the CITY OF
FAYETTEVILLE purchasing agent.
2.3.2 Prepare addenda for drawings and Bid Documents as required and issue to contractors in a
timely manner in accordance with Construction Contract General Conditions.
2.3.3 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
2.3.4 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and
communications during bidding and maintain list of plan holders. Print and distribute copies
of plans and specifications for all prospective bidders and plan rooms. Collect from
prospective bidders an appropriate non-refundable fee to offset cost of reproducing and
distributing Bidding Documents.
2.3.5 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts. CEI shall prepare and submit bid certification documents to The City
of Fayetteville.
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2.3.6 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors
and other persons and organizations proposed by the prime construction contractor(s),
hereinafter called "Contractor(s)," for those portions of the work as to which such.
acceptability is required by the Bid Documents.
2.3.7 Make recommendations regarding award of construction contracts.
2.3.8 Attend City Council meeting to recommend action by the respective bodies. Prepare and
present a recommendation complete with such supporting information as necessary for the
bodies to make an informed decision on the action recommended.
2.4 Construction Phase
2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
Design Phase Services.
SECTION 3- ADDITIONAL SERVICES OF CEI
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in
writing by CEI, CEI shall furnish or obtain from others Additional Services of the following types that are
not considered normal or customary Basic Services. The scope of Additional Services may include:
3.1.1 Administrative Assistance
Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE.
3.1.2 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or
other proceeding involving the Project.
3.1.3 Extra Services
3.1.3.1 Services not specifically defined heretofore that may be authorized by CITY OF
FAYETTEVILLE.
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3.2 Contingent Additional Services
3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due
to circumstances beyond CEIs control, CEI shall notify CITY OF FAYETTEVILLE and
request a formal contract amendment approved by the Mayor and the City Council prior to
commencing such services. If CITY OF FAYETTEVILLE deems that such services
described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written
notice to CEI. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such
Contingent Additional Services are not required, CEI shall have no obligation to provide
those services.
3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's program or Project Budget.
3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CEI:
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
4.2 Assist CEI by placing at CEI's disposal all available information pertinent to the assignment
including previous reports and any other data relative thereto.
4.3 Guarantee access to and make all provisions for CEI to enter upon public and private property
as required for CEI to perform his services under this Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals,
and other documents presented by CEI and render in writing decisions pertaining thereto.
4.5 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Project.
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4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with
respect to the services to be performed under this Agreement. Such person 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.
4.7 Give prompt written notice to CEI whenever CITY OF FAYETTEVILLE observes or
otherwise becomes aware of any defect in the Project.
4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project. Pay directly to the governmental authorities the actual filing and permit fees.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements.
4.10 Furnish, or direct CEI to provide, necessary Additional Services as stipulated in Section 3 of
this Agreement or other services as required.
4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and
General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such
documents for CFI's use in coordinating the Contract Drawings and Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to CEI in a timely manner.
SECTION 5- PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
5.2 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. CEI 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.
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SECTION 6- PAYMENTS TO CEI
6.1 Compensation
For the Scope of Services during described herein, CITY OF FAYETTEVILLE shall pay CEI an amount
not to Exceed the sum amount of _Eighty-eight thousand -three hundred and eighty United States Dollars
(US $_88.380.00) in accordance with the provisions described in the following paragraphs.
6.1.1 Design Surveys and Preliminary and Final Design Services
For design surveys and preliminary and final design services to be performed by CEI, CITY OF
FAYETTEVILLE shall pay CEI for time spent on the project at the rates shown in attached Appendix C
for each classification of CEI personnel, and for reimbursable expenses. Payment shall not to exceed the
sum amount of seventy thousand two hundred and forty United States Dollars (US $70,240.00) for these
phases of work.
6.1.2 Traffic Studies, Traffic Signal Design, and Geotechnical Services
For traffic studies, traffic signal design, and geotechnical services to be performed by subconsultants,
CITY OF FAYETTEVILLE shall pay CEI the actual cost of the subconsultant services, not to exceed the
sum amount of twelve thousand four hundred United States Dollars (US $12,400.00) as detailed in the
subconsultant contracts included as Exhibit's C and D.
6.1.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE for Design services consistent with CEI's normal billing schedule
attached and made a part of this contract. 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 CEI and approved by CITY OF
FAYETTEVILLE. Applications for payment shall be accompanied each month by the
updated project design schedule as the basis for determining the value earned as the work
is accomplished. Final payment for Design services shall be made upon CITY OF
FAYETTEVILLE's approval and acceptance with the satisfactory completion of the
Design phase for the Project.
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6.1.3 Bidding Phase Services
For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall
pay CEI the sum of five thousand seven hundred and forty United States Dollars (US$5,740.00).
6.1.4 Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.5 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services", compensation to
CEI shall be negotiated at the time Additional services are authorized.
6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted in electronic format
simultaneously to CITY OF FAYETTEVILLE, followed by signed original document to CITY OF
FAYETTEVILLE. Statements will be based on CEI's estimated percent of services completed at the end
of the preceding month, and justified by the updated progress schedule. Program Manager shall review
the statement and forward them to CITY OF FAYETTEVILLE with his recommendations.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of CEI'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 CEI 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.
6.4 Final Payment
Upon satisfactory completion of the work performed under this Agreement, as a condition before final
payment under this Agreement, or as a termination settlement under this Agreement, CEI 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 CEI to be
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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 CEI or his sureties under this Agreement or applicable performance and payment bonds, if any.
6.5 Fee Changes
Subject to the City Council approval, adjustment of the Not to exceed amount may be made should CEI
establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in
scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides
to shorten the duration of work from the time period specified in the Agreement for completion of work
and such modification warrants such adjustment. Changes, modifications or amendments in scope, price
or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor
and the City Council in advance of the change in scope, cost, fees, or delivery schedule.
SECTION 7- GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, CEI will
maintain (in United States Dollars) the following minimum insurance coverage's:
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
CEI 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.
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7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may
provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured to endorse CITY OF FAYETTEVILLE. Construction Contractors shall be
required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE and
CEI.
7.1.3 CITY OF FAYETTEVILLE and CEI 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 CEI's services. A provision similar to this shall be incorporated into all
Construction Contracts entered into by CITY OF FAYETTEVILLE, and all construction
Contractors shall be required to provide waivers of subrogation in favor of CITY OF
FAYETTEVILLE and CEI for damage or liability covered by any construction Contractor's
policy of insurance.
7.2 Professional Responsibility
7.2.1 CEI will exercise reasonable skill, care, and diligence in the performance of CEI's services
and will carry out its responsibilities in accordance with customarily accepted professional
engineering practices. CEI agrees not to seek or accept any compensation or reimbursements
from the City of Fayetteville for engineering work it performs to correct any errors, omissions
or other deficiencies caused by CEI 's failure to meet customarily accepted professional
engineering practices. CITY OF FAYETTEVILLE retains all other remedies to recover for
its damages caused by any negligence of CEI.
7.2.2 in addition CEI will be responsible to CITY OF FAYETTEVILLE for damages caused by its
negligent conduct during its activities at the Project Site to the extent covered by CEI's
Commercial General Liability and Automobile Liability Insurance policies as specified in
Paragraph 7.1.1.
7.3 Cost Opinions and Projections
Cost opinions and projections prepared by CEI relating to construction costs and schedules, operation and
maintenance costs, equipment characteristics and performance, and operating results are based on CEI's
experience, qualifications, and judgment as a design professional. Since CEI 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;
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economic conditions, competitive bidding or market conditions, and other factors affecting such cost
opinions or projections, CEI does not guarantee that actual rates, costs, performance, schedules, and
related items will not vary from cost opinions and projections prepared by CEI.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of CFI'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 President or any Vice President of
CEL
7.5 Termination
7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.1.2 An opportunity for consultation with the terminating party prior to termination.
7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that CEI is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
7.5.3.1 No amount shall be'allowed for anticipated profit on unperformed services or other work,
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7.5.3.2 Any payment due to CEI at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of CEI's default.
7.5.4 If termination for default is effected by CEI, or if termination for convenience is effected by
CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for
services or other work performed. The equitable adjustment for any termination shall provide
for payment to CEI for services rendered and expenses incurred prior to the termination, in
addition to termination settlement costs reasonably incurred by CEI relating to commitments
which had become firm prior to the termination.
7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, CEI shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 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 CEI in performing this Agreement, whether completed or
in process.
7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
7.5.7 If, after termination for failure of CEI to fulfill contractual obligations, it is determined that
CEI 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 7.5.4 of this clause.
7.6 Delays
In the event the services of CEI are suspended or delayed by CITY OF FAYETTEVILLE or by other
events beyond CEI's reasonable control, CEI shall be entitled to additional compensation and time .for
reasonable costs incurred by CEI in temporarily closing down or delaying the Project.
7.7 Rights and Benefits
CEI's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the
benefit of any other persons or entities.
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7.8 Dispute Resolution
7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and CEI 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 CEI
in the performance of this Agreement, and disputes concerning payment.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, 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 7.8.3 and 7.8.4 have been complied
• with.
7.8.3 Notice of Dispute
7.8.3.1 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;
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give CEI written Notice at the address listed in Paragraph 7.14
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.
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and CEI 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 CEI 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.
7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to CEI for services rendered CEI.
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7.10 Publications
Recognizing the importance of professional development on the part of CFI's employees and the
importance of CEI's public relations CEI may prepare publications, such as technical papers, articles for
periodicals, and press releases, pertaining to CFI'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 CEI. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential
information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably
withhold approval. The cost of CEI's activities pertaining to any such publication shall be for CEI's
account.
7.11 Indemnification
7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to.
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and CEI 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.
7.12 Computer Models
CEI may use or modify CEI's proprietary computer models in service of CITY OF FAYETTEVILLE
under this Agreement, or CEI may develop computer models during CEI's service to CITY OF
FAYETTEVILLE under this Agreement. Such use, modification, or development by CEI does not
constitute a license to CITY OF FAYETTEVILLE to use or modify CEI's computer models. Said
proprietary computer models shall remain the sole property of the CEI. CITY OF FAYETTEVILLE and
CEI will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use CEI's
computer models.
7.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, estimates, specification field notes, and data are and remain the property of
CITY OF FAYETTEVILLE. CEI may retain reproduced copies of drawings and copies of other
documents.
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Engineering documents, drawings, and specifications prepared by CEI as part of the Services shall
become the property of CITY OF FAYETTEVILLE when CEI has been compensated for all Services
rendered, provided, however, that CEI shall have the unrestricted right to their use. CEI 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 CEI.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. CEI 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.
7.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
City of Fayetteville Attn: Ron Petrie
113 W. Mountain
Fayetteville, AR 72701
CEI's address:
CEI Engineering Attn: Gregory Penn
3317 SW "I" Street
Bentonville .AR 72712
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and CEI 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 CEI shall assign, sublet, or transfer his interest in the Agreement without the
written consent of the other.
Professional Services — Designer
Gregg Avenue Improvements A —16 022403
7.16 Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
7.17 Entire Agreement
This Agreement represents the entire Agreement between CEI 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 CEI a purchase order, no
preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether
or not signed by CEI, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 8- SPECIAL CONDITIONS
8.1 Additional Responsibilities of CEI:
8.1.1 N/A
8.1.2 CEI shall be and shall remain liable, in accordance with applicable law, for all damages to
CITY OF FAYETTEVILLE caused by CEI'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.
8.1.3 CEI's obligations under this clause are in addition to CEI'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 CEI for faulty materials, equipment, or work.
8.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other
matters in question between CITY OF FAYETTEVILLE and CEI arising out of or relating to this
Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas.
Professional Services — Designer
Gregg Avenue Improvements A — 17
022403
8.3 Audit: Access to Records
8.3.1 CEI 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. CEI shall also maintain the financial information and data used by CEI 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.
The United States Environmental Protection Agency, the Comptroller General of the United
States, the United States Department of Labor, 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. CEI will provide proper facilities for such access and inspection.
8.3.2 Records under Paragraph 8.3.1 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.
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, and fixed price agreement:
8.3.3.3 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:
8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of CEI;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
Professional Services — Designer
Gregg Avenue Improvements A — 18 022403
8.3.3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
CEI 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
CEI 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.
8.5 Gratuities
8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that CEI or any of CEI'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, the State or
EPA 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 CEI 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.
8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against CEI as it could pursue in the event
of a breach of the Agreement by CEI. As a penalty, in addition to any other damages to
which it may be entitled bylaw, 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 CEI incurs in providing any such gratuities
to any such officer or employee.
8.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and sub -
consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of
Professional Services — Designer
Gregg Avenue Improvements A — 19 022403
Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, CEI 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.
8.7 Debarment And Suspension
I certify that to the best of my knowledge and belief that the company that I represent and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
I understand that a false statement on this certification regarding debarment and suspension may be
grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a
false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY NAME: GEI/Ehgim�i.?I An0cth 5> .Z.ue,
SIGNATURE: jz4#d ////Q i DATE:/D/Z7/oT
PRINTED NAME: Drent 4, /71$ TITLE: Pi'is4n Leader
Professional Services — Designer
Gregg Avenue Improvements A —20
022403
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
CiEZ Et,4�neeriIN ,by its authorized officer have made and executed this Agreement as of the day
and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
ATTEST:
By:
City Clerk
(XI Engrneerin9 45sochaSes, ZRC.
By:
Title: 14-191sn L ea/ci-
Changes, modifications or amendments in scope, price or fees to this Contract shall not
be allowed
without formal
contract
amendment approved
by the Mayor and the City
Council in
advance of the
change in
scope, cost, fees, or
delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Professional Services — Designer
Gregg Avenue Improvements A — 21
11NIZ-l1T<I
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
STREET IMPROVEMENT BOND PROGRAM
GREGG AVENUE IMPROVEMENTS
1) Scope of Project
a) This project involves the construction of raised medians at various locations along
Gregg Street between Prospect Ave and North St. It also includes the addition of
a turn lane for the traffic movement of southbound Gregg St to westbound North
St. The traffic signals at the intersection of Gregg St and North St will require
adjustment with the addition of the turn lane. The approximate length of the
project is 2,200 linear feet.
b) The project does not include any adjustment to the intersection of Gregg St and
North St, with the exception of the abovementioned turn lane.
c) Other improvements along the project include the addition of"speed tables" and
"raised crosswalks". These items will be designed per the City of Fayetteville
standard details.
d) The current project will not include any drainage reports, analysis or design to the
existing system. If drainage items are required, at a later time, then they will be
added by extra work authorization.
e) Along the existing sanitary sewer and water line, there is pavement settlement.
Patch repair will be noted at locations as collected and shown on the survey.
f) All work between North St and Prospect Ave will occur within existing ROW
boundaries. Utility relocations (if required) may require utility easements.
g) ROW acquisition may be required for the turn lane.
h) Traffic data collection and analysis will be required to determine the length of the
proposed turn lane.
i) Installation of traffic markings will be required, within the construction limits.
Attachment B — Scope of Services 1 of 6 Gregg Avenue Improvements
2) Design Phase Services
The Scope of Services of the ENGINEER as described in the Agreement are
further defined and described herein.
a) Topographic Survey
(1) Prospect Street Limits: Gregg Street to a point 300' east. Width will be from
back of curb to back of curb unless sidewalk(s) exist in which case the limits
will extend to the back of sidewalk.
(a) Topographic Survey will be provided within the limits as described above
• and will include the following: 1' contours, curbs, sidewalks, visible
manholes, visible water valves, overhead utilities, intersecting streets and
driveways to the end of the radii returns, traffic striping, areas of pavement
failure are to be marked with spray paint by the engineer prior to the
survey, these areas will be delineated on the survey drawing.
(b) Excluded from the scope are underground utilities, storm drain pipes and
sanitary sewer pipes.
(2) Gregg Street Limits (South of North Street): Prospect Street north to North
Street. Width will be from back of curb to back of curb unless sidewalk(s)
exist in which case the limits will extend to the back of sidewalk.
(a) A Topographic Survey will be provided within the limits as described
above and will include the following: 1' contours, curbs, sidewalks,
visible manholes, visible water valves, overhead utilities, intersecting
streets and driveways to the end of the radii returns, traffic striping, areas
of pavement failure are to be marked with spray paint by the engineer
prior to the survey, these areas will be delineated on the survey drawing.
(b) Excluded from the scope are underground utilities, storm drain pipes and
sanitary sewer pipes.
(3) Gregg Street Limits (North of North Street): From North Street to a point
450' north. Width will be from the right-of-way on the east side to 20' beyond
the right-of-way on the west side.
(a) A limited Boundary Survey will be provided sufficient enough to establish
the rights -of -way on both sides within the limits described above. A
Topographic survey will be provided within the limits as described above
and will include the following: 1' contours, curbs, sidewalks, intersecting
streets and driveways to the end of the radii returns, storm drainage,
retaining walls, delineation of major landscaping, parking areas; trees
6" in diameter and larger, traffic striping, traffic signals, signal poles,
signal control boxes, above ground utilities, under ground utilities will be
shown by utilizing a combination of plans furnished by the client, City
GIS and utility locates. '
(4) North Street Limits (West of Gregg Street): From the intersection of Gregg
Street to a point 175' west. Width will be from the back of curb on the south
side, unless sidewalk(s) exist, in which case the limits will extend to the back
of sidewalk to 20' beyond the north right-of-way.
Attachment B — Scope of Services 2 of 6 Gregg Avenue Improvements
(a) A limited Boundary Survey will be provided sufficient enough to establish
to the right-of-way on the north side within the limits described above. A
Topographic Survey will be provided within the limits as described above
and will include the following: 1' contours, curbs, sidewalks, intersecting
streets and driveways to the end of the radii returns, storm drainage,
retaining walls, delineation of major landscaping, parking areas, trees 6"
in diameter and larger, traffic striping, traffic signals, signal poles, signal
control boxes, above ground utilities. Under ground utilities will be shown
by utilizing a combination of plans furnished by the client, City GIS and
utility locates.
(5) North Street Limits (East of Gregg Street): From the intersection of Gregg
Street to a point 100' east. Width will be from back of curb to back of curb
unless sidewalk(s) exist in which case the limits will extend to the back of
sidewalk.
(a) A Topographic Survey will be provided within the limits as described
above and will include the following: 1' contours, curbs, sidewalks,
visible manholes, visible water valves, intersecting streets and driveways
to the end of the radii returns, traffic striping, traffic signals, signal poles
and signal control boxes.
(b) Excluded from the scope are underground utilities, above ground utilities,
storm drain pipes and sanitary sewer pipes.
(6) Miscellaneous Items:
(a) Semi -permanent control points will be placed along the project at intervals
not to exceed 500'. When possible they will also be placed outside of the
right-of-way in an effort to preserve them for the future project control.
The GPS control, as published for Fayetteville, will be used for the basis
of coordinates.
(b) Utility locator service(s) will be used to mark utilities on the ground prior
to survey. Fees associated with the locator service(s) will be billed to the
client as a reimbursable expense. Estimated cost is $ 400.00.
(c) Right-of-way and/or easement exhibits with descriptions will be provided,
as needed, for the property west of Gregg Street and north of North Street.
(d) An easement and/or right-of-way exhibit and description will be provided
on an estimated two parcels.
(e) CEI proposes to provide Exhibits with descriptions at a lump sum of
$650.00 each plus reimbursable expense.
(7) Consultation for property procurement
(a) Provide consultation or assistance as necessary to procure property as it
relates to the right-of-way and/or easement documents as described above.
Services to be provided will be confined to that which is allowed by a
Registered Professional Land Surveyor.
(b) CEI proposes to provide consultation or assistance as necessary on an
hourly basis up to $1,4440.00 plus reimbursable expenses.
Attachment B — Scope of Services 3 of 6 Gregg Avenue Improvements
(8) Additional Services
(a) Revisions that may be required due to changes in topography, physical
features, utilities, parcel configurations and parcel ownership that occur
subsequent to the finalization of this project as outlined herein and prior to
CEI's Engineering Design can be furnished upon request by the City of
Fayetteville and will be based on hourly rates as outlined in CEI's
"Schedule of Charges" current at the time of request.
(9) Items to be furnished by client:
(a) Reimbursement for the cost of title searches with all supporting
documents.
(b) Reimbursement for the cost of utility locator service(s).
(c) Reimburse expenses per the attached "Arkansas Schedule of Charges".
(d) Permission to access properties outside of rights -of -way.
(10) Items not included in this proposal:
(a) Complete Boundary Surveys of the individual parcels.
(11) Deliverables:
(a) Drawings in a digital format of ACAD, PDF or TIFF and certified
hardcopies.
b) Traffic Study and Traffic Signal Design
See attached Exhibit 'C' for TEC proposal for traffic services.
c) Geotechnical Investigations
See attached Exhibit 'D' for Terracon proposal for geotechnical testing services.
d) Preliminary Design Phase (30%)
(1) Prepare preliminary plan drawings showing existing and proposed facilities.
Horizontal scale of drawings to be 1:20 or larger. Vertical scale to be 1:5.
Preliminary design plans and documents to include the following:
(a) Prepare the preliminary title sheet.
(b) Preliminary horizontal and vertical geometric sheet layout. Show the
project horizontal and vertical control.
(c) Create plan sheets showing the limits of work, roadway dimensions,
median widths and locations of milling and overlays, sidewalks, ADA
ramps and railings.
(d) Prepare preliminary general construction notes.
(e) Prepare a temporary retaining wall layout in plan and profile. Receive
approval of layout, material and texture/pattern.
(f) Prepare preliminary typical sections for construction of the proposed
widened roadway section and median placement sections.
(g) Prepare preliminary traffic signal layout and details, as warranted and
approved by the City of Fayetteville. Provide preliminary plan sets for
utility companies review and coordination.
Attachment B — Scope of Services 4 of 6 Gregg Avenue Improvements
(2) Final Design Phase (90%)
(a) Complete the title sheet.
(b) Prepare project layout sheet. Sheet to show the limits and alignments of
the projects, label cross streets and label beginning and ending of
construction.
(c) Substantially complete the general construction notes.
(d) Substantially complete the typical sections.
(e) Prepare traffic control plans, detour layouts and advance signing plans in
accordance with the latest revision of the "Manual of Uniform traffic
Control Devices".
(f) Prepare the lane closure sheet(s). Sheets to detail lane closure items and
present a typical section view of the construction.
(g) Prepare erosion and sediment control sheets, to comply with federal state
and local regulations.
(h) Substantially complete the paving plan sheets.
(i) Substantially complete the retaining wall layout(s).
(j) Prepare signing and striping sheets.
(k) Substantially complete the traffic signal sheets.
(1) Prepare soil boring sheets. Soil boring information to include lab data and
soil characteristics.
(m)Show any sanitary sewer manhole adjustments and water valve
adjustments as necessary for construction.
(n) Provide details to be incorporated into the plans.
(o) Prepare the opinion of probable cost.
(3) Attend design progress meetings with the CITY.
(4) Provide written responses to design review comments provided by the CITY.
3) Project Deliverables
a) Two copies of the Traffic Study Report
b) Two copies of the Geotechnical Report
c) Three copies of the 30% plan set
d) Three copies of the 90% plan set, with the opinion of probable cost.
e) Three copies of the revised Final Plans, cost estimates, specifications and contract
documents and other supporting documents.
f) Three copies of the Final plans and Specifications to the Contractor.
g) Three copies of Right -of —Way plans and acquisition documents.
h) Electronic files as requested.
4) General
a) All street construction shall follow the guidelines described in the City •of
Fayetteville street design manuals.
b) Record drawings shall be provided on a computer media in AutoCAD format in
addition to reproducible drawings.
c) Attend meetings with Owner and Agencies for plan review, project coordination
and right-of-way.
Attachment B — Scope of Services 5 of 6 Gregg Avenue Improvements
d) The ENGINEER should anticipate a 14 calendar day review period by the CITY
between the completion of one phase and the beginning of the following phase.
Additional time may be required for review by agencies.
e) The plans, specifications and contract documents authorized by this Agreement
shall be prepared to allow construction bids to be received and construction to be
performed under one construction contract. Demolition of building structures, if
required, will be included in the construction contract.
f) Subcontracting of services by the ENGINEER shall have prior approval of the
OWNER.
5) Bid Phase Services -
a) Prepare bid advertisement, in compliance with City of Fayetteville standards.
b) Send the advertisement to contractors of record.
c) Prepare addenda, answer RFI's in a timely manner.
d) Collect recent wage rate information and incorporate into the Bid Documents
e) Assist with.tracking the RFI's, Addenda and other information.
f) Assist with evaluating bids.
g) Aide with recommendations concerning subcontractors and the awarding of
contracts.
h) Attend meetings as required.
6) Construction Observation
a) Construction observation services shall be agreed to and negotiated as an item of
Extra Work.
Attachment B — Scope of Services 6 of 6 Gregg Avenue Improvements
0 SURVEYORS ■ PLANNERS
LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS
CCZ71ENGINEERS
1.800.433.4173 WWW.CEIENG.COM
ARKANSAS SCHEDULE OF CHARGES
OFFICE
LOCATIONS:
CHARGES for our services are divided into three categories: Labor, Consultants, and
Reimbursable Expenses. A new schedule of charges and conditions is issued at the
beginning of each year. The schedule of charges may also be revised during the year as
conditions dictate.
CALIFORNIA
LABOR: Labor charges are made for all client activity directly attributable to a project.
No charge is made for general office administration, accounting or maintenance. Labor
charges are billed by category as follows:
Officer/Regional Manager $125.00
ARIZONA
Department Manager $115.00
Program Manager $100.00
•
Registered Landscape Architect $ 95.00
Project Manager , $ 95.00
Planning Project Manager $ 95.00
TEXAS
Project Engineer $ 95.00
Project Designer $ 85.00
Survey Project Manager $ 90.00
Assistant Survey Project Manager $ 80.00 -
CAD Designer $ 75.00
ARKANSAS
CAD Technician $ 65.00
Construction Observer $ 65.00
Survey Party Chief $ 70.00
Survey Technician $ 70.00
TENNESSEE
Field Specialist $ 55.00
Program Assistant $ 55.00
SUB -CONSULTANT SERVICES: In cases where CEI Engineering Associates, Inc.,
retains another engineering consultant to provide services outside of our area of practice;
MINNESOTA
cost of such services will be charged at actual invoice cost, subject to prior approval by
client.
REIMBURSABLE EXPENSES: Outside services, and related materials, will be charged
at the actual invoice cost. In addition, direct out-of-pocket costs such as postage,
PENNSYLVANIA delivery services, travel (other than vehicle mileage), and subsistence expenses will be
charged at actual costs. Vehicle mileage is billed at the applicable I.R.S. rate allowed per
mile.
All impact, permitting, expediting, and review fees will be charged at 15% over the cost of
GEORGIA the fee unless the client is willing to pay those fees directly to the service provider.
CREDIT POLICY: Terms will be given only to clients with approved credit. Invoices will
•
be rendered monthly, either as final or progress billing. CEI payment terms are net 30
days. Invoices past 30 days due will be subject to a monthly service charge,. which will
FLORIDA be assessed in compliance with Arkansas usury laws. Should the account be placed for
collection with an outside collector, the cost of such collections will be added to the
principal amount owing.
• 041806
Appendix B
Gregg
Avenue Improvements
Summa
Design Schedule
Task
Duration
Traffic Data Collection
30
Days
from Notice
to Proceed
Field Surveys
30
Days
from Notice
to Proceed
Roadway - 30% Preliminary Design
48
Days
from Notice
to Proceed
City Review Time
14
Days
from Receipt
of Preliminary Design
- 90% Final Design.
45
Da
s from Recei
t of Prelimina Review Comments
w Time
M
14
Da
s from Recei
t of Final Desi n
ections
10
Days
from Recipt
of Final Review Comments
EXHIBIT C
October 25, 2006
Gregory W. Perry, P.E.
Transportation Department Manager
CEI Engineering Associates, Inc.
3317 S.W. "F, Street
Bentonville, AR 72712
SUBJECT: TRAFFIC DESIGN SERVICES PROPOSAL
Gregg Ave. & North St. / Fayetteville
Please accept this letter as a proposal for Traffic Engineering Consultants, Inc. (TEC) to
provide professional traffic engineering design services for an intersection capacity
analysis and a traffic signal modification design at the Gregg Ave. and North St.
intersection in Fayetteville. The services will include the required design for a relocation
or replacement of the traffic signal pole on the northwest corner of the intersection in
accordance with AHTD and/or City of Fayetteville standards and specifications. It may
also include wiring, signal head, and signal phasing changes required in order to add a
right turn overlap for the new southbound right turn lane. It will include the preparation
of all plans and cost estimates required for bidding. The signal modification sheets will
be prepared for insertion into the roadway plans that CEI will be preparing for the new
southbound right turn lane.
It is understood that CEI will be preparing the roadway plans and that they will be
furnished to TEC as a base map for the signal design. The topographic survey will be
completed by CEI and will be of adequate coverage for signal design. The City of
Fayetteville will assist TEC in locating existing conduits and cabling around the
intersection for use in developing our base map and modification plans.
Peak hour turning movement data will be collected at the intersection between 7:00 a.m.
and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m. on a weekday. This data will be used
to prepare capacity analyses using Synchro traffic analysis software, to identify the
recommended right turn storage lane length and to evaluate the benefit of providing a
right turn overlap phase for the new right turn lane. The capacity analyses will be
completed within 30 days of receiving notice to proceed.
Traffic Engineering Consultants, Inc.
6000 S. Western, Suite 300 . Oklahoma City, OK 73139 . 405.720.7721. 405.720.9848 Fax
6931 S. 66th E. Ave., Suite 100 . Tulsa, OK 74133 . 918.481.8484 • 918.481.3163 Fax
The preliminary signal plans will be completed in 45 days after receipt of an electronic
copy of the proposed roadway design. The roadway plans are to indicate both
underground and aboveground utilities as well as right-of-way. All comments received
after the plan -in -hand review will be incorporated into the final signal plans. The final
plans will be submitted 30 days following receipt of the review comments.
The proposed fee for the data collection and capacity analyses is a lump sum fixed fee of
$1,500.00. The proposed fee for the signal modification design is a lump sum fixed fee
of $9,000.00. The total lump sum fixed fee will be $10,500.00. Invoices will be
submitted monthly based on percent of work completed.
One review meeting, is included in the fee. Additional services including attendance at
extra meetings and/or changes to the study scope will be provided on an hourly basis
according to the attached rate schedule. This proposal and fee will be considered valid
for 180 days.
If you are in agreement with the terms as stated, please indicate your acceptance by
signing this letter and returning a copy to our office. The returned letter will be
considered as notice to proceed.
We appreciate the opportunity to provide this proposal to CEI Engineering Associates
and look forward to working with you and the City of Fayetteville on this project.
Should you have any questions or need additional information, please call.
Sincerely,
Jon Eshelman, P.E., PTOE
Approved:
CEI En Bering Associate c.
/o/r/6
Date
Traffic Engineering Consultants, Inc.
6000 S. Western, Suite 300 • Oklahoma City, OK 73139 • 405.720.7721 • 405.720.9848 Fax
6931 S. 66th E. Ave., Suite ioo • Tulsa, OK 74133 • 918.481.8484 • 918.481.3163 Fax
Man=Hour and Expenses Estimate
Data
Collection and Capacity Analysis
•
Senior Engineer
6 hrs.
•
Data Collector
16 hrs.
•
Hotel/Mileage/Per Diem
Total
Signal Modification Design
•
Senior Engineer
Site Visit
8 hrs.
•
Senior Engineer
Prelim. Design
16 hrs.
•
Senior Engineer
Review Mtg.
8 hrs.
•
Senior Engineer
Final Design
16 hrs.
•
Technician
Prelim. Design
16 hrs.
•
Technician
Final Design
16 hrs.
•
CAD Operator
Prelim. Design
16 hrs.
•
CAD Operator
Final Design
12 hrs.
•
Mileage/Per Diem/Printing
Total
$630
$640
$230
$1500
Traffic Engineering Consultants, Inc.
6000 S. Western, Suite 300 • Oklahoma City, OK 73139• 4O5.720.7721 405.720.9848 Fax
6931 S. 66th E. Ave., Suite 100 • Tulsa, OK 74133 . 918.481.8484•918.481.3163 Fax
Traffic Engineering Consultants, Inc.
Rate. Schedule
Classification
Hourly Rate
Senior Engineer
$105.00
Engineer Intern -
$75.00
Technician
$65.00
CAD Operator
$55.00
Data Collector
$40.00
Traffic Engineering Consultants, Inc.
6000 S.'Western, Suite 300.Oklahoma City, OK 73139 . 405.720.7721. 405.720.9848 Fax
6931 S. 66th E. Ave., Suite 100 • Tulsa, OK 74133. 918.481.8484 • 918.481.3163 Fax
October 13, 2006
CEI Engineering Associates, Inc.
3317 S.W. "I" Street
Bentonville, Arkansas 72712
Attention: Mr. Greg Perry
Re: Subsurface Exploration Proposal
Proposed Gregg Avenue Retaining Wall
Fayetteville, Arkansas
Proposal No. D3906115
Dear Mr. Perry:
Irerracon
5679 Halley Avenue
Springdale, Arkansas 72762
(679)750-9775 Fax: (479) 750.9783
We are pleased to provide a proposal to perform the subsurface exploration and geotechnical
engineering services for the proposed Gregg Avenue Retaining Wall in Fayetteville, Arkansas.
PROJECT DESCRIPTION
We understand the project will consist of constructing an approximate 200 to 250 foot long
retaining wall with a maximum height of less than 15 feet on the comer of Gregg Avenue and
North Street in Fayetteville, Arkansas.
SCOPE OF SERVICES
The purpose of the subsurface exploration is to obtain data to provide geotechnical
recommendations for the design and construction of the retaining wall, as related to the
subsurface conditions encountered at the boring locations.
We propose to drill three borings to maximum depths of about 15 feet, or auger refusal, whichever
occurs first, for this project. Sampling will be performed in general accordance with our standard
procedures; wherein, five split -barrel samples are obtained in the upper 10 feet of the borings and
one sample is obtained at intervals of 5 feet below a depth of 10 feet until boring termination depth
or to auger refusal, whichever occurs first.
Laboratory testing will be performed in accordance with our standard procedures; wherein,
moisture content tests and, where applicable, hand penetrometer tests are performed on split -
barrel samples. Atterberg limits and/or sieve analysis tests will be performed on representative
subgrade materials.
After completing the field exploration and testing, a report will be prepared by a Registered
Professional Engineer. The report will include a boring location plan; a boring log with field and
laboratory data; and recommendations for the design and construction of the retaining wall, as
related to the subsurface conditions encountered at the boring locations.
Arizona ■ Arkansas ■ California ■ Colorado ■ Georgia ■ Idaho ■ Illinois ■ Iowa ■ Kansas ■ Kentucky ■ Minnesota ■ Missouri
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Consulting Engineers & Scientists Since 1965
www.terracon.com
Proposed Gregg Avenue Retaining Wall
Fayetteville, Arkansas
Proposal No. D3906115
October 13, 2006
lrerracon
COMPENSATION
Based on the above scopes of services, we propose a lump sum cost of $1,900.00 to complete
the scope of services described above. Should site and/or subsurface conditions be encountered
which require major revisions in the subsurface exploration. program and/or result in significantly
higher costs, we will contact you prior to initiating this work. Unless otherwise instructed, invoices
will be submitted to:
CEI Engineering Associates, Inc.
3317 S.W. "I" Street
Bentonville, Arkansas 72712
Attention: Mr. Greg Perry
CONDITIONS
Items to be provided by the client include the right -of -entry to conduct the exploration and an
awareness and/or location of any subsurface utilities existing in the area. If there are any
restrictions or special requirements regarding the site or exploration, these should be known prior
to commencing field work. This proposal should be considered a part of the attached Agreement
for Services.
The above fee estimates are based on our providing field layout of the boring locations and boring
locations being accessible to our truck -mounted drill rig. The boring locations are typically
established by pacing distances and estimating angles from recognizable site features. Ground -
surface elevations at the boring locations are also approximate and are generally obtained using
an engineer's level from a convenient reference point. If a specific reference elevation is desired,
the location and elevation of the benchmark will be needed prior to commencing field work. The
locations and elevations of the borings should be considered accurate only to the degree implied
by the methods used to locate the borings.
PERFORMANCE SCHEDULE
We anticipate starting the field exploration within one week of receiving written authorization to
proceed. Our complete geotechnical report will typically be submitted within 2 weeks of completing
the field work.
2
Proposed Gregg Avenue Retaining Wall
Fayetteville, Arkansas
Proposal No. D3906115
October 13, 2006
irerracon
Please return one signed copy of the attached Agreement for Services as our written
authorization to proceed. If you have any questions, or if we can be of further service, please do
not hesitate to contact us.
Sincerely,
TERRACON
Kenneth L. McCurdy, P
Office Manager
KLM
Enclosure
Copies to: Addressee (2 + e-mail)
3
9r
III l I CILOUI1
AGREEMENT FOR SERVICES
This AGREEMENT is between CEI Engineering Associates, Inc. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by
Consultant for Client on the Gregg Avenue Retaining Wall project ('Project), as described in the Project Information section of Consultant's Proposal
dated October 13, 2006 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated
into this Agreement).
1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless
Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the
Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's
reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety
issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate
software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the
Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both
parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional
terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a
purchase order or other fomr to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party.
3. Change Orders, Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so
requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and
fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but
instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant
will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at
the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation
section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated Into this
Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in
writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall
promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all
unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may
suspend Services for lack of timely payment.
5. .Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a
limited time period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon with
Client, however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and
Consultant receives the agreed -upon reliance fee.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANTS FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO
THE GREATER OF $25,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING
ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANTS SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY
TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANTS COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall defend, indemnity, and hold harmless the other, their agents, and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or
expenses are caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative
fault principles. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s) or the theory of liability, including
negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later
than the date of Consultant's substantial completion of services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care -and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, RELATING TO CONSULTANTS SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR
WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the
laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance
($1,000,000); (ii) commercial general liability insurance ($1,000,000 ccc / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and
P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim I agg). Certificates of insurance will be provided upon
request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
Agreement Reference Number (Terracon Proposal or Project Number):D3906115
lierracon
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS
OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL;
OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless
and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant
has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the
parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed
by and construed according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or
other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a
reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services;
however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless.
specifically included in the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures
indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions
based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive,
and are conducted to reduce - not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client
is responsible (even if delegated to contractor) for notifying and scheduling Consultant so Consultant can perform these Services. Consultant
shall not be responsible for the quality and completeness of contractors work or their adherence to the project documents, and Consultant's
performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or
create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or its subcontractors and is not
responsible for their means and methods.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests
(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or
available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or
contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it
becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the
Services, and that Client is responsible for directing such disposition. In the event that test samples obtained during the performance of Services
(i) contain substances hazardous to health, safety, or the environment, or (ii) equipment used during the Services cannot reasonably be
decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment and/or samples are transported and disposed of
property, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be
required to sign a hazardous waste manifest or take title to any Affected. Materials. Client shall have the obligation to make all spill or release
notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of
any Affected Materials conditions at the site. Accordingly, Client waives any claim against Consultant and agrees to indemnify and save Consultant, its
agents, employees, and related companies harmless from any claim, liability or defense cost including attorney and expert fees, for injury or loss
sustained by any party from such exposures allegedly arising out of Consultant's non -negligent performance of services hereunder, or for any claims
against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain
Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of
Consultant Files shall be maintained in general accordance with Consultant's document retention policies and practices. .
16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to. subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or
are incorrectly shown on the plans furnished to Consultant. _
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence
and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety
measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including
Client, Client's contractors, subcontractors, or other parties present at the site.
18. Termination. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid
costs incurred and fees earned to the date of termination plus reasonable costs of closing the project.
Consultan errs n tants, Inc. Client: jtftl En ineeri g Associates, Inc.
By: Date: 10/13/2006 By: „ Date:
Nam tie: Kenneth L. McC y, P.E./Office Manager Name/Title: r r r
Address: 5479 Halley Av ue Address: 3317 .W. "I" Street
Springdale, Arkansas 7 62 Bentonville, Arkansas 72712
Phone: 479.750.977 Fax: 479.750.9783 Phone: 479.273.9472 Fax: 479.273.0844
Agreement Reference Number (Terracon Proposal or Project Number):D3906115
aav »-nc
12.8.06) Clarice Pearman - �1946 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 12.8.06 9:19 AM
Subject: Res. 194-06
Attachments: 194-06 CE! Engineers Associates Inc.pdf
CC: Audit
Ron:
Attached are copies of the above resolution passed by City Council November 21, 2006. The mayor had been out of town
and I've finally got signatures and processed ordinances and resolutions to return. Thank you for your patience and sorry
for the inconvenience. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayettevitle.ar.us