HomeMy WebLinkAbout152-19 RESOLUTIONt
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 152-19
File Number: 2019-0383
CEI ENGINEERING ASSOCIATES INC.:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH CEI ENGINEERING ASSOCIATES, INC., PURSUANT TO SELECTION
#23 OF RFQ 19-01, IN AN AMOUNT OF UP TO $135,000.00 FOR DESIGN AND CONSTRUCTION
ADMINISTRATION SERVICES ASSOCIATED WITH THE PHASE I DEVELOPMENT OF
CENTENNIAL PARK AT MILLSAP MOUNTAIN, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a professional engineering services agreement with CEI Engineering Associates, Inc., pursuant
to Selection #23 of RFQ 19-01, in an amount of up to $135,000.00 for design and construction
administration services associated with the Phase I Development of Centennial Park at Millsap
Mountain.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 7/2/2019
Page 1
Attest:
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Sondra E. Smith, City Clerk Trea.Orgp� L/Ty •.'A
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. , City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0383
Agenda Date: 7/2/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 4
CEI ENGINEERING ASSOCIATES INC.:
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH CEI ENGINEERING ASSOCIATES, INC., PURSUANT TO SELECTION #23 OF RFQ 19-01,
IN AN AMOUNT OF UP TO $135,000.00 FOR DESIGN AND CONSTRUCTION
ADMINISTRATION SERVICES ASSOCIATED WITH THE PHASE I DEVELOPMENT OF
CENTENNIAL PARK AT MILLSAP MOUNTAIN, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
professional engineering services agreement with CEI Engineering Associates, Inc., pursuant to Selection #23
of RFQ 19-01, in an amount of up to $135,000.00 for design and construction administration services
associated with the Phase I Development of Centennial Park at Millsap Mountain.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Paye f Printed on 71312019
Chris Brown/Connie Edmonston
Submitted By
City of Fayetteville Staff Review Form
2019-0383
7/2/2029
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/14/2019 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Resolution to approve a Contract between the City of Fayetteville, AR and CEI Engineering Associates, Inc. for
design and construction administration associated with the Phase I development of Centennial Park at Millsap
Mountain and approval of a budget adjustment in the amount of $135,000.00. RFQ 19-01 Selection 23
Budget Impact:
2250.520.9255-5806.00 Park Development
Account Number
46050.1
Project Number
Budgeted Item? No
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Centennial Park Improvements - Design
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$$ 135,000.00
$ 135,000.00
$ -
Previous Ordinance or Resolution # 140-19
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 2, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL MEMO
FROM: Chris Brown, City Engineer
Connie Edmonston, Parks and Recreation Director
DATE: June 13, 2019
SUBJECT: Resolution to approve a Contract between the City of Fayetteville, AR and
CEI Engineering Associates, Inc. for design and construction administration services
associated with Phase I development of Centennial Park at Millsap Mountain and
approval of a budget adjustment in the amount of $135,000.00. RFQ 19-01 Selection 23.
RECOMMENDATION:
Resolution to approve a Contract between the City of Fayetteville, AR and CEI Engineering
Associates, Inc. (CEI) for design and construction administration services associated with
Phase I development of Centennial Park at Millsap Mountain and approval of a budget
adjustment in the amount of $135,000.00. RFQ 19-01 Selection 23.
BACKGROUND:
City Council accepted a generous 50/50 matching grant from the Walton Family Foundation to
purchase 228 acres for Centennial Park at Millsap Mountain to be used as parkland for
mountain biking and hiking trails as well as to connect the park to Kessler Mountain Regional
Park, Rupple Trail and Shiloh Trail. After receiving notification in February of 2019 that
Fayetteville was selected to host the prestigious 2022 UCI Cyclo -Cross World Championship,
discussion of the park conceptual master plan immediately began with NWA Trailblazers. The
Trailblazers hired and funded CEI to help design the conceptual master plan of Centennial Park
at Millsap Mountain. This group worked with City Staff in the design of the plan which was
approved by City Council by Resolution 140-19 at the June 411 City Council meeting. Phase one
improvements are needed to host the World Championship and the City and NWA Trailblazers
are sharing costs for construction of phase one improvements, with the City concentrating
efforts on park infrastructure and NWA Trailblazers concentrating efforts on cycling
infrastructure. The Professional Selection Committee unanimously selected CEI for the design,
construction documents, permit, and construction administration services of Phase I. A map
showing infrastructure to be built by both the city and NWA Trailblazers for Phase I of the park is
provided at the end of this memo.
DISCUSSION:
UCI has requested to host a trial event in October of 2020 prior to the World Championship. To
expedite the building of phase one of the park in preparation for this event, the City is requesting
to contract with CEI to prepare Large Scale Development and construction plans for city
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
sponsored improvements which will include the entry road, parking lot, prefabricated restroom,
connecting sidewalks, hard surface trail/access, supporting utilities, and WIFI. NWA
Trailblazers will build and fund the cycling infrastructure through a separate agreement and will
be presented to City Council at a later date.
CEI's contract cost for Phase I is up to $135,000.00 for design services and construction
administration. Construction cost for the cities' work with a contingency is estimated to be
$2,135,000. NWA Trailblazers Phase 1 work which is funded by others is estimated to be
$2,297,764 (5/16/2019 estimate by CEI)
BUDGET/STAFF IMPACT:
A budget adjustment is requested to be approved in the amount of $135,000 from the Parks
Development Fund Reserves. With the time constraint of completion of this project by October
2020, this budget adjustment and contract will allow the project to have a "jump-start" so that the
design, large scale development approvals and bid documents are ready for construction when
the bond funds are approved in September/October of this year. The Parks Development Fund
Reserves will be reimbursed by the bond funds in Parks, Transportation and Trail Funds and
Water and Sewer. The Water and Sewer Department will install the water and sewer lines to
the park within their capital budget. The percentage of bond funds for design will be based on
the construction cost of each of the transportation, parks and trails elements. Estimated design
and construction costs are as follows:
Funding Source
Design (6.3%)
Construction
Total
Parks and Recreation Bond
$58,580
$926,420
$985,000
Transportation Bond
$47,580
$752,420
$800,000
Trail Bond
$21,410
$338,590
$360,000
Water and Sewer
$7,430
$117,570
$125,000
Totals
$135,000
$2,135,000
$2,270,000
City Staff from Engineering, Trails, and Parks will manage this project.
Attachments:
Proposed Contract with CEI
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\I Q
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CEI ENGINEERING ASSOCIATES, INC.
THIS AGREEMENT is made as of 1 2019, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor 6ercinafter called CITY OF FAYETTEVILLE)
and CEI ENGINEERING ASSOCIATES, INC (hereinafter called CEI).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and 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 CEI's services. All services shall be performed under the
direction of a professional engineer registered in the State of Arkansas and qualified in the particular
field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of CEI.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of CEI.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF CEI
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by CEI during the Project is included in NNEW
attached hereto and made part of this Agreement.
2.2 CEI shall coordinate their activities and services with the CITY OF FAYET`FEV ILLE. CEI and
CITY OF FAYETTEVILLE agree that CEI has full responsibility for the engineering and
surveying services.
2.3 CEI shall coordinate their activities and services with other Phase 1 improvements, primarily
consisting of trail and cyclocross work.
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SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
CEI.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist CEI by placing at CFI's disposal all available information pertinent to the assignment
including previous reports and any other data relative thereto.
3.1.3 Assist CEI in obtaining access to property reasonably necessary for CEI to perform its
services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by CEI and render in writing decisions pertaining thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to CEI in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 Time is of the essence in this agreement and this Agreement will become effective upon the first
written notice by CITY OF FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. 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. The anticipated schedule for this project is
included as Appendix B.
SECTION 5 - PAYMENTS TO CEI
5.1 The maximum not -to -exceed amount authorized for this Agreement is $135,000.00. The CITY
OF FAYETTEVILLE shall compensate CEI based on progress invoices as submitted by CEI for
work as completed and authorized by the City.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with CEI's normal billing schedule. Once established, the
billing schedule shall be maintained throughout the duration of the Project. Applications for
payment shall be made in accordance with a format to be developed by CEI and approved by
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CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by
the updated project schedule as the basis for detennining the value earned as the work is
accomplished. Final payment for professional services shall be made upon CITY OF
FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study
and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of 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.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, 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 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.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, CEI will maintain (in United States
Dollars) the following minimum insurance coverages:
Tvne of Coverae
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
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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.
6.1.2 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.
6.2 Professional Responsibility
6.2,1 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. CITY OF FAYETTEVILLE will promptly report to CEi any defects
or suspected defects in CEI's services of which CITY OF FAYETTEVILLE becomes aware,
so that CEI can take measures to minimize the consequences of such a defect. CITY OF
FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of
CEI.
6.3 Cost Opinions and Projections
6.3.1 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 staff 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, 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.
6.4 Changes
6.4.1 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 duly authorized officer of CEI.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail. return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to tennination.
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6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that CEI is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to CEI at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of CEI's default.
6.5.4 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.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, CEI shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by CEI in performing this Agreement, whether completed or
in process.
6.5.6 Upon tennination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of 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 6.5.4 of this clause.
6.6 Delays
6.6.1 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.
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6.7 Rights and Benefits
6.7.1 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.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and 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.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give CEI written Notice at the address listed in Paragraph 6.14
within thirty (30) days after occurrence of any incident, accident, or first observance of
defect or damage. In both instances, the Notice shall specify the nature and amount of
relief sought, the reason relief should be granted, and the appropriate portions of this
Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and 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.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to CEI for services rendered by CEI.
6.10 Publications
6.10.1 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 CEI'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
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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.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and 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.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. CEI may retain reproduced copies of drawings and copies of other
documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by 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. CEI shall provide cad files of
survey and layout work.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. 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.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
CEI's address:
CEI Engineering Associates, Inc.
3103 SW Regency Pkwy Ste 2, Bentonville, AR 72712
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6.14 Successor and Assigns
6.14.1 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.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas within Washington County without regard to any conflicts of law
provisions.
6.16 Entire Agreement
6.16.1 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 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of CET
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
CEI of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 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.
7.1.3 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.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and CEI arising out of or
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relating to this Agreement or the breach thereof will be decided in a court of competent
jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 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.
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.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such perfortnance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of CEI;
7.3.3.3.2 1f there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 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
RFQ 19-01 Selection 23 - Centennial Park Infrastnicuture Phase 1 - Professional Engineering ServicesJunel3
8am.doc
consideration, or otherwise recover, the 'full amount of such commission, percentage,
brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that 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, 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.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against 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 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.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, 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.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
EI, by its authorized officer have made and executed this Agreement as of the day and year first above
written.
CITY OF FAY EVILL NSAS CFI
By By:
May io eld Jo r Printed Name
ATTEST:, ,?
By: ZAel.ateg— Co . '04vt� Title:
Sondra E. Smith, City Clerk ``\�y GLERK:.��i,
END OF AGREEMEZft�R PRR1�• 'SIAL ENGINEERING SERVICES
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RFQ 19-01 Selection 23 - Centennialiilyfraste Plies -Professional Engineering ServicesJunel3
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PHASE 1 APPENDIX A The City of Fayetteville, Arkansas
Centennial Park at Millsap Mountain Design Proposal
Fayetteville, Arkansas
Proposal for Engineering Services
6/13/19 CEI # 93000
3108 SW Regency Parkway, Suite 2, Bentonville, AR 72712 (479) 273-9472 / CE! Contact: Jacob Shy
PROJECT DESCRIPTION
Thank you for the opportunity to submit our proposal for the design, permitting, and construction
observation/administration, as required by the City of Fayetteville, for the new Centennial Park at
Millsap Mountain. We are excited for this great opportunity to participate in the development team.
It is our understanding this design will include Phase 1 items of the `Park Infrastructure", as laid out
in the preliminary Itemized Opinion of Probable Cost prepared by CEI Engineering. CEI proposes to
include design and permitting for the following: entry and internal drives including a 26' wide asphalt
entry drive with curb and gutter and associated 10' sidepath, a 20' wide access drive to the north,
and a secondary access drive to the south; a parking lot and parking lot lighting; a prefabricated
restroom as provided by the City of Fayetteville as well as associated grading and utilities to serve
the restroom, including coordination and planning for wifi, a water main extension with fire hydrant
protection, and a sewer service line; associated landscaping, fences, and gates around the parking
area; the start / finish line; half road improvements with attached trail along West Old Farmington
Road; and geotechnical investigation to provide a report of recommendations for earthwork and
pavement sections. A parking lot lighting plan shall be prepared by an agreed-upon lighting
manufacturer, to be determined.
Design shall be based on previously completed Conceptual Master Plan — Phase 1 that was
prepared by CEI and approved by the project team, with the exception of the additional half road
improvement and trail along the northern half of West Old Farmington Road. Soft surface trails and
other amenities on the Phase 1 plan, other than what is listed above, shall not be a part of the design
scope included in this proposal. Major changes, following 30% plan submittal to team shall be
subject to additional fees.
SCOPE OF BASIC SERVICES
A. Limited Topographic Survey
CEI shall perform a Topographical Survey of agreed upon limits of topo, consisting of 1' contours
derived from a digital terrain model and shown in accordance with the National Mapping
Standards. Topographic survey will include above -ground physicals and underground utilities.
Location of underground utilities will be based on evidence found during the survey, markings
by One Call service, and utility plans provided by Client. CEI field crews will locate trees, 18"
and larger in heavily wooded areas within the limits of the survey area, will locate standalone
trees and general canopy within the open field areas, and will note general health/condition of
trees located (note that surveyors are not arborists and opinions of tree health should be
considered to be that of a layman).
Fees...................................................................................................................................... $15,100.00
Reimbursable expenses are excluded from the fee quoted above. Expenses associated with
this phase of services are estimated to be $800 to be invoiced in accordance with Section Vi
below.
B. Large Scale Development/Construction Drawings
The CEI project team shall prepare Large Scale Development permit and civil engineering
sitework construction drawings based on the existing site conditions identified by the site survey,
the requirements of the jurisdiction, Client -approved Conceptual Master Plan — Phase 1, and
Client -provided documents. The development plans will be coordinated with the project design
team prior to submittal to the jurisdiction for review. Drawings will include the required sitework
improvement plans, utility connections, storm water drainage, erosion control, code -compliant
landscaping, and associated details of construction.
Based on our understanding of the proposed improvements, an increase in storm water runoff
will be generated from this site which may require the installation of a storm water detention
basin and associated storm water conveyance system. This proposal does not anticipate offsite
City of Fayetteville, AR
Centennial Park at Millsap Mountain
6/13/19
storm water extensions to serve this development. A drainage study and Drainage Report for
the project shall be completed based on the jurisdictional requirements for development of the
property and shall be submitted to the jurisdiction for review and approval of the design.
Scope of services includes the following:
• Development and submittal of plans sets at 30%, 60%, and 90% intervals
• Updated Opinion of Probable Cost
• Detailed utility services coordination
• Dedicated left turn lane at Old Farmington Road
Fees...................................................................................................................................... $37,000.00
Reimbursable expenses are excluded from the fee quoted above. Expenses associated with
this phase of services are estimated to be $800 to be invoiced in accordance with Section Vl
below.
C. Geotechnical Investigation and Laboratory Testing
The soils within the planned roadways shall be evaluated in accordance with the current City
of Fayetteville criteria for municipal pavement support. For this purpose, a Pavement Report
will be completed. The definition of a Pavement Report is included in the City of Fayetteville
Minimum Street Standards, August 2015. As a part of the Pavement Report and pavement
design methodology required by the City, the City of Fayetteville requires a California Bearing
Ratio (CBR) test and a soil classification test to be performed for every 500 feet or less of new
roadway, with a minimum of 3 locations per roadway. This sampling will be performed via
backhoe to allow a sufficient volume of sample to be collected for required California Bearing
Ratio testing. The Pavement Report will be stamped by a Professional Engineer registered in
the State of Arkansas. This report will include a description of subsurface exploration
procedures, laboratory testing and procedures, a summary of the subsurface findings, and a
boring and test pit location diagram.
The existing soils will be evaluated for compliance with the City of Fayetteville requirements for
pavement subgrade. After evaluation, pavement section designs will be provided based on
the results of the existing soil classification and laboratory strength testing. The sections will
include both a flexible (asphalt) and rigid (concrete) pavement.
Per the City of Fayetteville requirements, 4 CBRs will be required and are included in this
proposal. Construction phase materials testing is not included in the scope of this proposal.
SubconsultantFees............................................................................................................. $ 5,635.00
D. Geotechnical Investigation Clearing
Selective Clearing of the roadway path shall be needed in order to gather CBRs for testing
requirements. Geotechnical consultant to hire selective clearing contractor, based on marked
centerline of proposed main and secondary entrance. Fee only includes area needed for
gathering of CBRs.
SubconsultantFees............................................................................................................. $ 3,000.00
E. Permitting/Coordination
Large Scale Development plans shall be submitted to the jurisdiction for review and all adjacent
utilities shall be coordinated with the service providers for services to the development. It is
understood there is a water main extension as well as a sewer service extension. Comments
received from municipal and/or private utility department/company officials shall be addressed.
CEI shall represent the project at pre -application and jurisdictional Planning Commission
meetings as required.
CEI shall prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the
state and local jurisdictional requirements. CEI expects the project to fall under the classification
as a Large Site with greater than 5 acres disturbed which will require submittal to ADEQ for a
Page 2
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City of Fayetteville, AR
Centennial Park at Millsap Mountain
6/13119
site-specific Notice of Coverage. All application fees paid by CEI will be charged as a
reimbursable expense according to Section VI below.
Permitting services do not include environmental permitting such as endangered species
mitigation, wetland mitigation, or changes to FEMA -regulated floodplains. CEI is not aware of
any such requirements associated with the proposed development but we have not requested
concurrence from those governing bodies.
Fees....................................................................................................................................... $ 6,500.00
Reimbursable expenses are excluded from the fee quoted above. Expenses associated with
this phase of services are estimated to be $1,800 to be invoiced in accordance with Section
Vl below.
Specifications and Bidding
CEI shall provide required bidding support as requested by NWA Trailblazers. Services to
include cost estimates, construction specifications, bidding coordination and administration,
contractor qualifications and recommendation of award.
Fees...................................................................................................................................... $ 3,500.00
G. Reimbursable Expenses
The scope of services listed above is intended as fee only and does not include reimbursable
expenses such as application fees, reprographics, etc. See Section VI of this agreement for an
explanation of reimbursable expenses that may be incurred during production of project
documents and permitting approval.
Fees..................................................................................................................... Estimated $ 3,475.00
TotalFees........................................................................................................................... $ 74,210.00
Total fees include fixed fees, estimated hourly fees, fee allowances, and estimated
reimbursable expenses; construction staking fees are not included. Actual final total fees
due may vary.
SCOPE OF ADDITIONAL SERVICES (AS REQUIRED)
A. Discretionary Meeting Allowance
At the discretion of the Client, CEI Project Manager or other appropriate personnel are available
to attend in-person or teleconference design -phase meetings. Such meetings may be called by
the Client prior to the construction phase of the project with the project development team, which
may include Client/developer, architect, subconsultants, contractors, and others. CEI personnel
are also available to attend construction phase meetings with members of the project
development team, often referred to as Owner -Architect -Contractor, or 'O -A -C' meetings. The
allowance below is recommended to Client for budgeting purposes and shall be invoiced on an
hourly basis in accordance with the Schedule of Charges as detailed in Section VI below.
Routine communications and coordination with project team members in the course of plan
preparation and permitting are excluded from this allowance and have been considered in the
respective phases detailed under other services descriptions. Client shall be invoiced for
meetings as described herein only when attendance has been requested by Client.
Fee Allowance....................................................................................... Hourly, estimated $ 2,000.00
Budget allowance based on 1 -person attendance at 3 1 -hour design -phase meetings and 1 -
person attendance at 3 1 -hour construction phase OAC meetings. Should requested
meeting attendance exceed estimated allowance fees, meeting attendance shall be invoiced
at the standard hourly rates as detailed in Section Vl below. Reimbursable expenses are
excluded from the estimated fee quoted above. Expenses associated with this phase of
services are estimated to be $200 to be invoiced in accordance with Section V1 below.
B. Construction Administration
CEI is available as needed by Client to provide limited construction administration during the
construction phase of this project. Said services, which may also include Client -directed plan
Page 3
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City of Fayetteville, AR
Centennial Parts at Millsap Mountain
6/13/19
changes or other revisions, shall commence upon final approval by the jurisdictional authorities
of the Large Scale Development. Required site observation for this project by the municipality
is anticipated to be required at consistent intervals throughout the project, as well as during
construction of public improvements to public utilities; the scope of services estimated below
may be adjusted for more frequent site visits as requested by Client. Such services may include,
but are not limited to, preconstruction meetings with governmental entities or project team,
reviewing contractor submittals, responding to contractor requests for information, construction
observation as requested or required by the municipality, and final project site closeout as may
be required. A record survey and record drawings are included herein based on anticipated
requirement by City of Fayetteville for record information for the public water main extension.
Construction staking and as -built surveys are not included in this proposal but those services
are available to the Owner or Contractor upon request as an additional service.
Fees......................................................................................................Hourly, estimated $ 39,800.00
Construction Administration fees are charged only for services related to contractor support,
such as responses to Requests for information (RFIs) or coordination of services such as
testing or municipal inspections, services or revisions as requested by Client, or as required
for jurisdictional acceptance. Fee estimate above is based on an assumed construction
duration of 90 months, or 45 7 -day weeks and includes 1 hours/ week of Project Manager,
9.5 hoursl week of Project Engineer, 6 hours/ week of Construction Observer, and
miscellaneous administration expenses. Should requested Construction Administration
services exceed estimated fees, such additional services shall be invoiced at the standard
hourly rates as detailed in Section VI below. Reimbursable expenses are excluded from the
fee quoted above. Expenses associated with this phase of services are estimated to be
$3,000 to be invoiced in accordance with Section Vl below.
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City of Fayetteville, AR
Centennial Park at Millsap Mountain
6/13119
Project Schedule:
PHASE 1 APPENDIX B
Site Survey Complete
Design
30% Complete
AHJ /Team Review
60% Complete
AHJ / Team Review
90% Complete
AHJ / Team Review
Bid Documents Complete
AHJ / Team Review
Bid Project
2 weeks after Notice to Proceed
2 weeks after Survey Completion
1.5 weeks anticipated
2 weeks after AHJ comments received
1.5 weeks anticipated
2 weeks after AHJ comments received
1.5 weeks anticipated
2 weeks after AHJ approval
1 week anticipated
1 week after AHJ / Team approval
City Fayetteville, AR PHASE 1 APPENDIX C
Centennial Park at Millsap Mountain
6/13119
V1. SCHEDULE OF CHARGES
Charges for our services are divided into three categories: Labor, Consultants, and Reimbursable
Expenses.
LABOR: For fees billed on an hourly basis, labor charges are billed by category as follows:
ARKANSAS (02-01-19
Officer/ Branch Manager
$ 210.00
Department Manager
$ 190.00
Program Manager
$ 170.00
Project Manager
$ 160.00
Assistant Project Manager
$ 135.00
Senior Project Engineer
$ 160.00
Project Engineer
$ 135.00
Registered Landscape Architect
$ 135.00
Registered Land Surveyor
$ 130.00
Survey Project Manager
$ 130.00
Assistant Survey Project Manager
$ 100.00
Sr. Survey Party Chief
$ 95.00
Survey Party Chief
$ 85.00
Survey Technician
$ 80.00
Field Specialist
$ 65.00
Senior Project Designer
$ 110.00
Project Designer
$ 100.00
CAD Designer
$ 90.00
CAD Technician
$ 75.00
Construction Observer
$ 85.00
Office Administrative Manager
$ 95.00
Program Assistant
$ 75.00
Administrative Assistant
$ 70.00
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) 1 Errors
Budget Year Division Adjustment Number
/Org2 PARKS &RECREATION (520)
2019
Requestor: Alan Bearden
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Request for approval to use $135,000 from fund balance for Phase 1 design work relating to development of Centennial
Park at Millsap Mountain. Fund balance is to be reimbursed for this amount when the bond funds are approved and
available. This also relates to RFC! 19-01 Selection 23.
COUNCIL DATE: 7/2/2019
LEGISTAR FILE ID#: 2019-0383
Hoo BLack
6/14/2019 2:51 PM
Budget Director Date
TYPE:
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL 135,000 135,000 v.20190516
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
2250.520.9255-5806.00 135,000 - 46050 1 EX Park Improvements
2250.520.9250-4999.99 - 135,000 RE Use Fund Balance - Current
H:\Budget Adjustments\2019_Budget\City Council\07-02-2019\2019-0383 BA Centennial Park 1 of 1