HomeMy WebLinkAbout219-19 RESOLUTIONOF FAYErTF
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 219-19
File Number: 2019-0529
RFQ #19-01 OLSSON, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF
$37,408.00 FOR DESIGN, ENGINEERING, SURVEYING, AND CONSTRUCTION ADMINISTRATION
SERVICES FOR THE EXPANSION OF AND IMPROVEMENTS TO THE TOWNSHIP STREET
PARKING LOT AT GULLEY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $1,592.00, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of
$37,408.00 for design, engineering, surveying, and construction administration services for the expansion
of and improvements to the Township Street parking lot at Gulley Park, and further approves a project
contingency in the amount of $1,592.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 10/ 1 /2019
Page 1 Printed on 10/2119
File Number.2019-0529
Resolution 219-19
Attest:
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Page 2 Printed on 1012119
113 West Mountain Street
City of Fayetteville, Arkansas
Fayetteville, AR 72701
(479) 575-8323
Text File
/ File Number: 2019-0529
Agenda Date: 10/1/2019 Version: 1 Status: Passed
In Control: City Council Meeting Fife Type: Resolution
Agenda Number: A. 2
RFQ #19-01 OLSSON, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $37,408.00 FOR
DESIGN, ENGINEERING, SURVEYING, AND CONSTRUCTION ADMINISTRATION SERVICES
FOR THE EXPANSION OF AND IMPROVEMENTS TO THE TOWNSHIP STREET PARKING LOT
AT GULLEY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,592.00,
AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $37,408.00 for
design, engineering, surveying, and construction administration services for the expansion of and improvements
to the Township Street parking lot at Gulley Park, and further approves a project contingency in the amount of
$1,592.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 101212019
Ted Jack
Submitted By
City of Fayetteville Staff Review Form
2019-0529
Legistar File ID
10/1/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/12/2019 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Resolution to approve a contract in the amount of $37,408.00 and a project contingency in the amount of
$1,592.00 for a total cost not to exceed $39,000.00, with Olsson Inc. of Fayetteville, AR to provide design,
engineering, surveying, and construction administration services for the expansion and improvements to the
Township Street parking lot at Gulley Park, per RFQ #19-01, Selection #22, and approval of a budget adjustment.
4605.860.7503-5806
4605.860.7503-5860.02
Account Number
46050.7503.1000
Project Number
Budget Impact:
Park Projects 2019 Bonds
Fund
Park Improvements - Township Parking
Project Title
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
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$ 39,000.00
$ 250,000.00
$ 211,000.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution # RFQ 19-01, 422
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 1, 2019
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Ted Jack, Park Planning Superintendent
DATE: September 12, 2019
SUBJECT: Resolution to approve a contract in the amount of $37,408.00 and a project
contingency in the amount of $1,592.00 for a total cost not to exceed $39,000.00, with
Olsson Inc. of Fayetteville, AR to provide design, engineering, surveying, and
construction administration services for the expansion and improvements to the
Township Street parking lot at Gulley Park, per RFQ #19-01, Selection #22.
RECOMMENDATION:
Resolution to approve a contract in the amount of $37,408.00 and a project contingency in the
amount of $1,592.00 for a total cost not to exceed $39,000.00, with Olsson Inc. of Fayetteville,
AR to provide design, engineering, surveying, and construction administration services for the
expansion and improvements to the Township Street parking lot at Gulley Park, per RFQ #19-
01, Selection #22.
BACKGROUND:
Gulley Park is a heavily used 38 -acre community park located off Old Wire Road and Township
Street in the northeast park quadrant of Fayetteville. The park currently has walking trails, a
large playground, restrooms, pavilion, amphitheater, open fields, a prairie area, wooded creek
areas, and the new Niokaska Creek Trail. Apple Seeds Teaching Farm, in partnerships with the
city, utilizes two acres of the park.
The Gulley Park master plan was updated in 2018 and expansion of the parking lots was found
to be a high priority. Other planned improvements include enhancing the playground area,
including expanding the playground and adding an interactive fountain, new shelters, picnic
areas, lake improvements, tennis and pickleball courts, a dog park and other enhancements.
DISCUSSION:
$250,000 in bond funds have been targeted towards this parking lot expansion. Olsson, Inc.
was selected through an RFQ selection process (RFQ 19-01 Selection 22) to serve as the
professional consultant for this project. The requested contract with Olsson, Inc. will authorize
the design and engineering for expansion of the parking lot at the Township Street park
entrance in accordance with the park master plan. The parking lot will be expanded from 31
spaces to approximately 61 spaces and storm water features, walks, and landscaping will be
added. Bond funds will be utilized for this design contract. Although a design and cost estimate
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
has not been completed, it is expected that approximately $100,000 in additional funds from the
2018 five-year capital plan will be utilized for construction along with the $250,000 in bond
funds.
BUDGET/STAFF IMPACT:
The contract will not exceed $39,000.00 which includes the negotiated price of $37,408.00 plus
a contingency of $1,592.00. Funding for this project is available in project #46050.7503.1000,
Gulley Park Improvements.
Attachments:
Budget Adjustment
SRF -Olsson Inc.
Olsson Inc. Contract
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
OLSSON INC.
GULLEY PARK TOWNSHIP PARKING EXPANSION
THIS AGREEMENT is made as of ()Q4 _ , 2019, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Olsson,
Inc. (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction administration of capital improvement projects.
Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree
as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
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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
ENGINEER.
3.l .1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The Sustainability Director is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The sustainability director
shall have complete authority to transmit instructions, receive information, interpret and
define CITY OF FAYETTEVILLE's policies and decisions with respect to materials,
equipment, elements and systems to be used in the Project, and other matters pertinent to the
services covered by this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is included as Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $37,408.00. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
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made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
TVDe of Coveraee
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
19-8-15_WTWW_FY Contract Gulley Park Parking Lot rev
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
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6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 After payment in accordance with Paragraphs 6.5.3 and 6.5.4 above, deliver or otherwise
make available to CITY OF FAYETTEVILLE all project deliverables at the latest stage
of completion (e.g. 30%, 90%, etc.) CITY OF FAYETTEVILLE shall have the limited
right to use the deliverables subject to the provisions of Paragraph 6.12.2.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
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related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
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whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 The CITY OF FAYETTEVILLE acknowledges the Engineer's plans and specifications,
including all documents on electronic media ("delivered documents"), as instruments of
professional service. Nevertheless, the delivered documents prepared under this Agreement
shall be delivered to and become the property of the CITY OF FAYETTEVILLE upon
completion of the services and payment in full of all monies due to the Engineer. Except for
the Engineer's services provided for by this Agreement as related to the construction and
completion of the Project, the ENGINEER accepts no liability arising from any reuse of the
delivered documents by the CITY OF FAYETTEVILLE, unless the Engineer is retained by
CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered
documents. Except where the CITY OF FAYETTEVILLE reuses the delivered documents
subsequent to the completion of the Project, nothing contained in this paragraph shall alter the
Engineer's responsibilities and obligations under this Agreement.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
1 13 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
302 E. Millsap Road
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
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Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the
State of Arkansas without regard to any conflicts of law provisions.
Entire Agreement
This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
Additional Responsibilities of ENGINEER
CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
19-8-15_WTWW_FY Contract Gulley Park Parking Lot rev 9
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will 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.
7.6.2 Pursuant to Ark. Code Ann. § 25-19-105(b)(20), the personal information of City water
system customers must be treated as confidential information and shall not be made available
for inspection except by ENGINEER'S employees as required to fulfill the terms of this
agreement. Upon completion of its contractual duties and after approval of the Water Master
Plan, ENGINEER agrees to destroy or return to the CITY OF FAYETTEVILLE any copies
of records containing information about City water system customers.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYgTTEVILLE, ARKANSAS OLSSON, INC.
t I"
By:
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Brad B. Hammond, P.E.
VA4 0'� 10_04w�_
Ron Mersch
ATT ST:
Title: Team Leader Office Leader
City Clerk�'� •• '
.Ci• clrYoFy''-
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END OF AGREE�OR It�$SSIONAL ENGINEERING SERVICES
19-8-15_WTWW_FY Contract Gulley Park Parking Lot rev 10
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A — SCOPE OF SERVICES
This is Appendix A, consisting of 3 pages, referred to in and part of the Agreement For Professional
Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and OLSSON, INC. dated
Initial:
CITY OF FAYETTEVILLE
OLSSON, INC.
The following contains additional Scope of Services tasks.
A.1 General Scope
The work covered by this agreement includes surveying, engineering, and landscape
architecture services for the expansion of the Gulley Park parking area off Township Street.
The project scope will generally be in accordance with the extents and scope shown in
preliminary master planning concept documents provided by the CITY OF FAYETTEVILLE.
A.2 Specific Scope of Services
OLSSON shall provide a suitable staff to complete the necessary surveys, to perform detailed
design, to prepare plans and specifications, to provide needed services during the bid phase,
and to provide other services as may be directed by the CITY OF FAYETTEVILLE. The
staff shall consist of surveyors, engineers, technicians, inspectors and other assistants as may
be necessary to carry on the work in an efficient and expeditious manner. OLSSON will
provide the following services:
A2.1 Design Services
1. Meet with the CITY OF FAYETTEVILLE as required for project needs.
2. Perform topographic survey of the area where the parking lot will be
reconstructed/expanded in addition to the area northeast of the existing playground and
west of the bridge.
3. Prepare construction specifications and drawings, including necessary engineering, land
architecture, and drafting. Plans will include the following sheets:
a. Title Sheet with Vicinity Map
b. Site Plan
c. Site Grading and Drainage Plan
d. Basic Planting Plan
e. Lighting Plan
f. Sediment Control Plan
4. The Basic Planting Plan will conform to the minimum standards set forth by the CITY OF
FAYETTEVILLE. The minimum planting plan shall include construction details,
quantity, location, size and species of proposed plant materials. The plan will also depict
the existing trees that will be preserved or removed as well as details for tree protection
measures. Exclusions include bufferyard landscaping, landscape lighting plans, and
irrigation plans. OLSSON shall only provide irrigation design by performance
specification.
Fayetteville Gulley Park Township Parking Expansion Appendix A Page
5. Prepare opinion of probable construction cost of the authorized construction.
6. Any permitting fees will be paid directly by the CITY OF FAYETTEVILLE, or by
OLSSON as a reimbursable expense upon request by the CITY OF FAYETTEVILLE.
Nevertheless, not -to -exceed fees shown below do not include permitting or review fees.
The scope does NOT include SWPPP plans (the project is assume to be under one acre of
disturbance), biological surveys or archaeological/cultural resource surveys, or USCOE
404 permits. If required by regulatory agencies, these services may be provided as
additional services by amendment of this contract.
A2.2 Site Improvement Plan (SIP) Planning Submittal
Coordinate with City of Fayetteville Planning regarding necessary SIP submittals and reviews,
including:
1. Attendance of a Pre -Development Meeting with the City Planning Staff
2. Preparing and packaging preliminary design plans into a SIP submittal, including
a. Title Sheet
b. Location maps and index
c. Sediment Control Plan
d. Site Plan
e. Site Grading and Drainage Plan
f. Tree Preservation and Site Analysis Plan
g. Landscape Plan
3. Preparation of a Drainage Report in accordance with City requirements, including:
a. Soil map
b. PreDeveloped Stormwater Flow Paths and Calculations
c. Post -Developed Stormwater Flow Paths and Calculations
d. Hydrograph and Peak Flow Analysis
e. Pondpack Output
f. Report Preparation
4. Submissions to Planning and responses to comments
5. Preparation and submittal of Grading Permit Application
A2.3 Bidding Services
Provide technical interpretation of the plans and specifications, prepare addenda as required,
attend a pre-bid conference and the bid opening, provide an engineering analysis of the bids
received, make recommendations concerning award of the construction contract and assist in
the preparation of contract documents. Supporting documents will be prepared and submitted
to the CITY OF FAYETTEVILLE.
A.3 Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE, or others
indicated, by the OLSSON as part of the Project.
Fayetteville Gulley Park Township Parking Expansion Appendix A Page 2
A.4
A.5
A.6
I . Two (2) copies of Survey Documents
2. Two (2) copies of the Construction Bid Documents
3. Necessary copies of the SIP and Application
4. Necessary copies of the Grading Permit Application
5. Electronic files in accordance with the Agreement.
Compensation
In consideration of the performance of the foregoing services by OLSSON, the CITY OF
FAYETTEVILLE shall pay to OLSSON compensation as follows:
1. Compensation shall be paid to OLSSON on the basis of OLSSON's standard hourly rates
in effect at the time the work is performed, plus reimbursable expenses in accordance with
the attached reimbursable expense schedule. Rates are adjusted annually at the beginning
of each calendar year. OLSSON agrees to keep the CITY OF FAYETTEVILLE apprised
in a timely manner of costs incurred.
2. The maximum total not -to -exceed amount for services described in Section A2.1 through
A2.3 is tabulated as follows. Fee amounts for each phase may exceed subtotals below, but
total fee will not exceed the total fee shown below.
a. A2.1 Design Services $ 28,523.00
b. A2.2 SIP Planning Submittal $ 5,624.00
c. A2.3 Bidding Services $ 2,761.00
d. Expenses $ 500.00
TOTAL $ 37,408.00
Project Design Schedule
OLSSON shall begin work under this Agreement within two (2) working days of a
Notice to Proceed (NTP) and shall complete the work described in Section A2 above
in accordance with the schedule below.
Submit survey drawings and 30% design drawings for review:
o 30 Calendar days after NTP
Submit SIP application to City Planning Department
o 30 Calendar days after receipt of written comments regarding 30% design
from CITY OF FAYETTEVILLE
Revise 30% design drawings submit 90% design drawings and opinion of
probable cost:
o 30 Calendar days after receipt of written comments regarding SIP
submittals
Provide final biddable construction documents
o 15 Calendar days after receipt of written comments regarding 90% design
from CITY OF FAYETTEVILLE
Attachments
1. OLSSON Fee Estimate Spreadsheet
2. OLSSON Labor Billing Rate Schedule for 2019
3. OLSSON Reimbursable Expense Schedule for 2019
Fayetteville Gulley Park Township Parking Expansion Appendix A Page 3
OLSSON BILLING RATE SCHEDULE
2019 LABOR RATES
Description Range
Principal ..................................
109
381
Project Manager .......................
103
189
Project Professional ..................
94
168
Assistant Professional ...............
47
- 143
Designer .................................
84
- 178
CAD Operator ..........................
32
- 116
Survey ..................................
43
171
Construction Services ................
40
- 189
Administrative/Clerical................
29
130
Note:
1. Special Services not included in above categories will be provided on a Special Labor
Rate Schedule
2. Rates subject to change based upon updates to Billing Rates for upcoming year.
Page 1 of 1
REIMBURSABLE EXPENSE SCHEDULE
The expenses incurred by Olsson or Olsson's independent professional associates or consultants
directly or indirectly in connection with the Project shall be included in periodic billing as follows:
Classification
Automobiles (Personal Vehicle)
Suburban's and Pick -Ups
Automobiles (Olsson Vehicle)
Other Travel or Lodging Cost
Meals
Printing and Duplication including Mylars and Linens
In -House
Outside
Postage & Shipping Charges for Project Related Materials
including Express Mail and Special Delivery
Film and Photo Developing
Telephone and Fax Transmissions
Miscellaneous Materials & Supplies Applicable to this Project
Copies of Deeds, Easements or other Project Related Documents
Fees for Applications or Permits
Sub -Consultants
Taxes Levied on Services and Reimbursable Expenses
Cost
$0.58/mile*
$0.75/mile*
$85.00/day
Actual Cost
Actual Cost
Actual Cost
Actual Cost+10%
Actual Cost
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost
'Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change).
Page 1 of 1
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 PARKS &RECREATION (520)
2019
Requestor: Matthew Maddox
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Budget Adjustment allocating $250,000 to the Parks 2019 Bond Projects sub -project (46050.7503.1000) - Gulley Park
Improvements, Township Parking Lot. $37,408 will be used to fund the contract with Olsson Engineering to provide
design, engineering, surveying, and construction administration services. $1592 will be needed for contract
contingency and the remaining $211,000 is estimated to be needed for future engineering and construction contracts.
The budget transferred is coming from the unallocated portion of the project.
COUNCIL DATE
LEGISTAR FILE ID#
10/1/2019
2019-0498
Ke vl w spv'6nq,ev
9/11/2019 4:23 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
H:\Budget Adjustments\2019_Budget\City Council\10-01-2019\2019-0498 BA 46050.7503 Gulley Park Improvements.xlsm 1 of 1
10/1/2019
I
GLDATE:
RESOLUTION/ORDINANCE
CHKD/POSTED:
TOTAL
- _
v.20190816
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project
Sub.Detl
AT
Account Name
4605.860.7503-5806.00
211,000 -
46050
7503.1000
EX
Improvements - Park
4605.860.7503-5860.02
37,408 -
46050
7503.1000
EX
Capital Prof Svcs - Engineering
4605.860.7503-5911.99
1,592 -
46050
7503.1000
EX
Contingency - Capital Project
4605.860.7999-5899.00
(250,000) -
46050
7999
EX
Unallocated - Budget
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