HomeMy WebLinkAbout276-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 276-19
File Number: 2019-0746
RFQ #19-01 CEI ENGINEERING ASSOCIATES, INC. - TRAILS BOND:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
CEI ENGINEERING ASSOCIATES, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF
$72,095.00 FOR THE DESIGN OF A TRAIL CONNECTION AND BRIDGE OVER HAMESTRING
CREEK, 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 CEI Engineering Associates, Inc., pursuant to RFQ #19-01, in the
amount of $72,095.00 for the design of a trail connection and bridge over Hamestring Creek.
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 12/3/2019
Attest:
Kara Paxton, City Clerk T
Page 1 Printed on 1215119
City of Fayetteville, Arkansas 113 West Mountain Street
". Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0746
Agenda Date: 12/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 18
RFQ #19-01 CEI ENGINEERING ASSOCIATES, INC. - TRAILS BOND:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH CEI ENGINEERING ASSOCIATES, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT
OF $72,095.00 FOR THE DESIGN OF A TRAIL CONNECTION AND BRIDGE OVER
HAMESTRING CREEK, 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 CEI Engineering Associates, Inc., pursuant to RFQ #19-01, in the amount
of $72,095.00 for the design of a trail connection and bridge over Hamestring Creek.
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 121412019
City of Fayetteville Staff Review Form
2019-0746
Legistar File ID
12/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Mihalevich 11/14/2019 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a contract in the amount of $72,095.00 with CEI Engineering Associates, Inc. per RFQ
19-01, selection #25 to provide professional services for the design of a trail connection and bridge over Hamestring
Creek and approval of a budget adjustment.
4603.860.7301-5860.02
Account Number
46030.7301
Project Number
Budget Impact:
4603 - Trails Project 2019 Bonds
Fund
Trails Project 2019 Bonds,
Hamestring Trail Bridge
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
Project Title
$ 2,423,974.00
$ 36,342.68
$— — 2,387,631.32
$ 72,095.00
$ 2,315,536.32
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 3, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich, Trails Coordinator
DATE: November 14, 2019
.CITY COUNCIL MEMO
SUBJECT: 2019-0746 - A contract in the amount of $72,095.00 with CEI Engineering
Associates, Inc. for design of a trail and bridge over Hamestring Creek and
approval of a budget adjustment, per RFQ19-01, selection #25.
RECOMMENDATION:
Staff recommends approval of a contract in the amount of $72,095.00 with CEI Engineering
Associates, Inc. per RFQ 19-01, selection #25 to provide professional services for the design of
a trail connection and bridge over Hamestring Creek and approval of a budget adjustment.
BACKGROUND:
The Hamestring Creek Trail was built along the north side of Hamestring Creek in 2007 and
extends through parkland along the Pine Valley subdivision. By using on -street neighborhood
connections, this trail links under 1-49 at Porter Road to the Meadow Valley Trail. Currently the
Hamestring Creek divides the significant number of residences south of the creek and north of
Wedington. For these neighborhoods, there is currently not a good route to access the Meadow
Valley Trail and Razorback Greenway. City staff has received many requests for a bridge over
Hamestring Creek to connect these neighborhoods with bicycle and pedestrian access. The
Hamestring Creek Trail Bridge is included in the trails portion of the voter approved 2019 bond.
DISCUSSION:
Due to the location of the bridge, a detailed flood study is necessary to ensure the new bridge
does not increase the flood elevation. A design consultant is necessary to accomplish the flood
study and design the structural components of the bridge. On October 181h, CEI Engineering
Associates, Inc. was selected by committee based on RFQ 19-01, selection #25. The Active
Transportation Advisory Committee reviewed this project during their November 131h meeting.
BUDGET/STAFF IMPACT:
The design for this project will be funded from the 2019 Trails Bond Project. CEI Engineering
Associates, Inc. has provided the attached fee proposal in the amount of $72,095.00 for the
design. Total funding for this project in Phase I of the Trails Bond Program is $400,000.
Attachments:
Bridge Concept Map
CEI Engineering Associates, Inc. Scope and Fee - Engineering Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CEI ENGINEERING ASSOCIATES, INC.
THIS AGREEMENT is made as of DC'CCmbe/,r 2019, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and CEI ENGINEERING ASSOCIATES, INC (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.l .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.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform 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 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 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 B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE
basis described in Appendix C.
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
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value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVIL.LE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property .Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single .Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
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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 opportunityfor consultation with the terminating party prior to termination.
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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 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,
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 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred" by
ENGINEER in temporarily closing down or delaying the Project.
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6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require
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deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all .loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, 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 docu►nents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic mediu►n 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 ENGINEERING'S address:
3108 SW Regency Pkwy
Bentonville, Arkansas 72712
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6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
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FYI 9-2139
out of or 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 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 fi•om the
Professional Engineering Services Contract- 06.27.19.doc
FY 19-2139 9
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
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 Actrequest is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE; ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF TT�`VILLE ARKANSAS CEI ENGINEERING,4NC-. E z .es {
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END OF AGREEMEN yE R•�'xt S" IQ�AL ENGINEERING SERVICES
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Professional Engineering Services Contract- 06.27.19.doc
FY19-2139 10
APPENDIX A
City of Fayetteville
Hamestring Creek Trail Bridge Connector
Fayetteville, AR
Proposal for Engineering Services
10/30/19 CEI #93000
3108 SW Regency Parkway, Bentonville, AR 72712 (479) 273-9472 / CEI Contact: Jacob Shy
PROJECT DESCRIPTION
Thank you for the opportunity to submit our proposal for approximately 460 linear feet of 10' wide
concrete trail located in Fayetteville, Arkansas, beginning at W. Woodridge Road and ending at the
existing Hamestring Creek Trail, just east of the W. Marigold Drive cul-de-sac. This proposal
responds to the written Scope of Work: Hamestring Creek Trail Bridge Connector, September 17,
2019 as issued by the City of Fayetteville.
It is our understanding this project will generally involve design and permitting of the described trail
that is fully located within City park property. Topographical surveying, trail design, permitting,
SWPPP and erosion control plans, and structural design will be required. This proposal also includes
specifications for bidding, and contract negotiations. Bidding, bid opening, and award of bid shall be
completed by the City of Fayetteville. It is our understanding, this project will require hydraulic
studies including no -rise certification, Corps of Engineers permitting, as well as foundation design
and coordination of pre -fabricated bridge. It is also our understanding, at this time, this project will
not require CLOMR/LOMR, and FEMA permitting, which is not included in this proposal. This trail
project shall generally conform to current AASHTO, ADA, and MUTCD design guidelines for
pedestrian facilities.
SCOPE OF BASIC SERVICES
A. Boundary and Topographic Survey
CEI will perform a Topographical Survey and limited Boundary Survey for the design of
Approximately 460 linear feet of 10 -foot -wide concrete and prefabricated bridge over
Hamestring Creek between Woodridge Dr. and Hamestring Creek Trail west of Shiloh Drive
and south of Mt. Comfort. The topo limits will extend approximately 633 feet northerly from
the north gutter -line of Woodridge Dr. to the north pavement line of Hamestring Creek Trail.
The topo cross-sections will extend from fence to fence, coming from Woodridge Dr. Just
beyond the limits of the fence line, we will obtain 50 -foot -wide cross-sections, every 50 feet,
or as needed, centered on the proposed trail centerline. The approximate trail centerline
shall be per written Scope of Work provided by the City of Fayetteville on September 17,
2019. The Topographical Survey will consist of 1' contours derived from a digital terrain
model and shown in accordance with the National Mapping Standards. Topographic survey
will include all 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. A limited boundary Survey will be conducted
simultaneously to determine the property line locations of the properties fronting Woodridge
Dr and abutting each side of the proposed trail. All boundary locations will be based on the
Plat of Pine Crest Addition, Phase II. No deed or easement search will be completed.
Fees....................................................................................................................................... $ 3,800.00
Reimbursable expenses are included in the fee quoted above.
B. FEMA Cross Sections of Hamestring Creek
CEI will obtain cross section data of Hamestring Creek, as requested by floodplain
consultant, in accordance with the FEMA guidelines entitled
Data Capture Guidance Workflow Details—May 2017. The cross-sectional data will be
taken at select locations as provided by floodplain consultant and Associates along
Hamestring Creek.
Fees....................................................................................................................................... $ 2,250.00
Reimbursable expenses are included in the fee quoted above.
City of Fayetteville
Hamestring Creek Trail Bridge Connector
October 30, 2019
C. Bridge As -Built Survey
After construction of the trail bridge over Hamestring Creek is completed, CEI will perform an
as -built survey of the bridge, record drawings will be prepared and provided to the city.
Fees....................................................................................................................................... $ 2,500.00
Reimbursable expenses are included from the fee quoted above.
D. Large Scale Development/Construction Drawings
CEI shall provide design documentation based on conceptual design route as provided by the
Client. CEI shall provide construction and design details for the pedestrian trail, grading,
drainage, paving, accessible ramps and site stabilization.
Design plans shall be submitted to the Client at 30/60/90% completion for coordination and
revision.
The following drawings are proposed with this phase of services. It is anticipated that multiple
match -line sheets will be required due to the length and scope of the project.
• Cover Sheet
• Overall Site Plan
• Trail Site/Grading Plan(s)/Profiles(s)
• Erosion Control Plan(s)
• Detail Sheet(s)
Fees...................................................................................................................................... $18,000.00
E. SWPPP and Erosion Control
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 Small Site with less than 5 acres disturbed and a Notice of Coverage under
the General Permit is not required. All application fees paid by CEI will be charged as a
reimbursable expense according to Section VI below.
Fees....................................................................................................................................... $ 2,200.00
F. Geotechnical Report
Geotechnical investigation of soils conditions shall be completed. Soil properties shall be
evaluated, and recommendations provided for earthwork, foundations, and suitability of site
soils for the proposed bridge locations. Construction -phase materials testing is not included
in the scope of this proposal.
SubconsultantFees............................................................................................................. $ 8,970.00
G. Structural Engineering
CEI shall coordinate with a structural engineering subconsultant for structural services to
include design of abutment support at either end of the bridge. Others will design the bridge
span and provide design loads for the abutments. It is anticipated that bridge abutments will
be supported on spread footings, piers, piles, or micro -piles. Structural engineer shall also
detail one general plan and elevation of the bridge abutment, participate in review meetings
via conference call, and address comments for project coordination prior to milestone
submittals.
SubconsultantFees............................................................................................................. $ 8,625.00
H. Flood Study
CEI shall coordinate with a floodplain consultant to provide the updating and refining of existing
hydrologic and hydraulic analyses to create a baseline corrected effective model against which
Page 2
Revised 02/2019
City of Fayetteville
Hamestring Creek Trail Bridge Connector
October 30, 2019
to compare proposed design improvements, evaluating proposed design from the Client to
develop culvert sizes, and determine whether a no -rise condition is achievable; and, if
applicable, prepare no -rise documentation for submittal to the City of Fayetteville, Arkansas.
Additional services as requested, on an hourly basis, shall be charged per subconsultant
schedule of fees.
SubconsultantFees........................................................................................................... $ 17,250.00
Permitting/Coordination
Large Scale Development plans shall be submitted to the jurisdiction for review, including the
City of Fayetteville, FEMA, and LISACOE. Comments received from federal, 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.
Fees....................................................................................................................................... $ 4,000.00
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 VI
below.
J. Specifications
CEI shall provide required bidding support as requested by the City of Fayetteville. Services
to include cost estimates, construction specifications, bidding coordination and administration.
City of Fayetteville to complete Bidding, Bid opening, Bid Tabulation, and award of bid.
Fees....................................................................................................................................... $ 2,500.00
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 VI below.
K. Project Administration and Minor Construction Observation
As directed by and at Client's discretion, CEI shall prepare administration of construction
including coordinating pre -construction meeting, construction recommendations and
alternatives, review contractor RFIs and shop drawings, submittals, project site observations,
review of payment applications, and coordinate final inspections and closeout.
Fees are charged only for services provided. Estimate of cost for services as given below is
based on the following assumptions: construction duration is 6 months or roughly 26, 5 -day
weeks. Construction Observation averaging (2) 2 -hour site visits per week and 1 hour average
administration and travel for approximately 5 hours per week.
Fees..................................................................................................................................... $ 15,000.00
Reimbursable expenses are excluded from the estimated fee quoted above. Expenses
associated with this phase of services are estimated to be $400 to be invoiced in accordance
with Section VI below.
L. 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 $ 2,000.00
Total Fees......................................................................................................... Estimated $ 72,095.00
Page 3
Revised 02/2019
City of Fayetteville
Hamestring Creek Trail Bridge Connector
October 30, 2019
APPENDIX B
Project Schedule:
Site Survey Complete
Design
Conceptual Alignment Complete
30% Complete
AHJ /Team Review
60% Complete
AHJ /Team Review
90% Complete
AHJ / Team Review
Bid Documents Complete
AHJ /Team Review
Bid Project
3 weeks after Notice to Proceed
1 week after Survey Completion
3 weeks after Concept approved
1.5 weeks anticipated
3 weeks after AHJ comments received
1.5 weeks anticipated
3 weeks after AHJ comments received
1.5 weeks anticipated
2 weeks after AHJ approval
1 week anticipated
1.5 weeks after AHJ / Team approval
Page 11
Revised 02/2019
City of Fayetteville
Hamestring Creek Trail Bridge Connector
October 30, 2019
V. SCHEDULE OF CHARGES
Charges for our services are
Expenses.
APPENDIX C
divided into three categories: Labor, Consultants, and Reimbursable
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
Page 5
Revised 02/2019
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Non -Departmental (800)
/Org2
2019 I
Requestor: Kevin Springer
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of a contract in the amount of $72,095.00 with CEI, Inc. per RFQ 19-01, selection #25 to
provide professional services for the design of a trail connection and bridge over Hamestring Creek and approval of a
budget adjustment.
COUNCIL DATE: 12/3/2019
LEGISTAR FILE ID#: 2019-0746
x.eA/�wspr
11/5/2019 11:48 AM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
4603.860.7999-5899.00 (400,000) - 46030 7999 EX Unallocated - Budget
H:\Budget Adjustments\2019_Budget\City Council\12-03-2019\2019-0746 BA CEI Hamestring Trail Bridge.xlsm 1 of 1
GLDATE:
RESOLUTION/ORDINANCE
I
CHKD/POSTED:
TOTAL
- _
v.20190924
Increase / (Decrease)
Project.Sub#
Account Number
Expense Revenue
Project
Sub.Detl AT
Account Name
4603.860.7301-5814.05
317,905 -
46030
7301 EX
Improvements -Trails
4603.860.7301-5860.02
72,095 -
46030
7301 EX
Capital Prof Svcs - Engineering
4603.860.7301-5860.04
10,000 -
46030
7301 EX
Capital Prof Svcs - EnpineerinR Contra
4603.860.7999-5899.00 (400,000) - 46030 7999 EX Unallocated - Budget
H:\Budget Adjustments\2019_Budget\City Council\12-03-2019\2019-0746 BA CEI Hamestring Trail Bridge.xlsm 1 of 1