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HomeMy WebLinkAbout191-20 RESOULTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 191-20 File Number: 2020-0548 RFQ #20-01 OLSSON, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #20-01, IN THE AMOUNT OF $41,200.00 FOR DESIGN OF THE WILSON PARK TRAIL BRIDGE AND PROMENADE PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 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 #20-01, in the amount of $41,200.00 for the design of the Wilson Park Bridge and Promenade Project, and further approves a project contingency in the amount of $5,000.00. PASSED and APPROVED on 7/21/2020 Approv Attest: R Krj,� =���,• 0TY0�AGi Lioneld , ayor Kara Paxton, City Clerk Treasurer I EV/� E T•� .. Page 1 Printed on 7123120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File 011 File Number: 2020-0548 Agenda Date: 7/21/2020 Version: 1 Status: Passed In Control: City Council Meeting Agenda Number: A 4 RFQ #20-01 OLSSON, INC.: File Type: Resolution A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #20-01, IN THE AMOUNT OF $41,200.00 FOR DESIGN OF THE WILSON PARK TRAIL BRIDGE AND PROMENADE PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 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 #20-01, in the amount of $41,200.00 for the design of the Wilson Park Bridge and Promenade Project, and further approves a project contingency in the amount of $5,000.00. City o/ Fayetteville, Arkansas Page 1 Printed on 7/22*2020 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2020-0548 Legistar File ID 7/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/2/2020 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: A resolution to approve a contract in the amount of $41,200 with Olsson Associates, Inc. for design of the Wilson Park Trail Bridge & Promenade and to approve a project contingency of $5,000. 2250.520.9256-5814.05 Account Number 13001.1802 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Parks Development Fund Wilson Park Improvements Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 129,170.00 $ 4,900.00 $ 124,270.00 $ 46,200.00 $ 78,070.00 Previous Ordinance or Resolution # 280-19 Approval Date: V20180321 .° CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 21, 2020 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: July 2, 2020 SUBJECT: A resolution to approve a contract in the amount of $41,200 with Olsson Associates, Inc. for design of the Wilson Park Trail Bridge & Promenade and to approve a project contingency of $5,000. RECOMMENDATION: Staff recommends approval of a contract in the amount of $41,200 with Olsson and Associates, Inc. per RFQ 20-01, Selection #17 to provide professional services for the design of the Wilson Park bridge and promenade improvements and to approve a project contingency of $5,000. BACKGROUND: The two existing pedestrian bridges on the west side of Wilson Park were constructed in 1986. They have reached the end of their lifespan and need to be replaced. This project will remove the two existing 4-ft bridges and construct one 10-ft bridge and connecting sidewalks to the loop trail and the pavilion. In addition to better pedestrian access, the 10-ft bridge will also accommodate mowers which will allow safer maintenance access across the creek. A stone/concrete trail will connect the pavilion and playground to the loop trail and will provide improved ADA access. Stream restoration work around the removed bridge will provide a natural stream crossing. On May 21, 2019, City Council approved Resolution 123-19 to express the willingness to apply for a federal grant through the Recreational Trails Program to build a new trail bridge at Wilson Park. The grant is an 80/20 match with the City responsible for 20% of the project total. The requested funds were $172,800 with a project total of $216,000. On September 30, 2019, Parks and Recreation received notification that the City had been awarded grant funding in the amount of $170,000. The City's required match is $42,500. On December 3, 2019, City Council approved Resolution 280-19 to accept a grant from the Arkansas Recreational Trails Program in the amount of $170,000 and to authorize Mayor Jordan to execute an Agreement of Understanding with the Arkansas State Highway and Transportation Department for the construction of the new trail bridge and promenade. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On April 8, 2020, Olsson Associates, Inc. was selected by committee based on RFQ 20-01 to design the Wilson Trail Bridge and Promenade improvements. They have provided a proposed scope and fee in the amount of $41,200 for the design of this project. BUDGET/STAFF IMPACT: This project will be funded from the Wilson Park Improvement Project. Design fees are the responsibility of the City and are not included in the grant reimbursement. Attachments: Wilson Trail Bridge & Promenade Project Map Olsson Associates, Inc. Engineering Agreement — Scope and Fee 525 632 524 t .... .•- ,.�,.rec..w:.�...-.....N Nth 4 W Prospect St - 503 685 n Fayetteville Vicinity Map z 681-- n i.� 657 Ste �.� 653 ; - - Bridge to be removed ,;. and replaced with stone crossing New 10-ft x 45-ft Bridge Bridge to be/removed 608 6s5 W Louise St 604 602 82.' 437 423 405 317 ,f 1 t 632 Legend 325 Razorback Greenway Trail -- Existing Wilson Park Loop Trail y Proposed New Trail & Bridge 420 41 b 414 108 Q 41? 4n2 320 3?8 302 ? 245 235 23:3 217 201 City of Fayetteville, AR N Wilson Park Bridge & Trail Project °°`°°' W -W7 � AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON INC. WILSON PARK BRIDGE REPLACEMENT AND PROMENADE THIS AGREEMENT is made as of f , 2020, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (h einafter 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. Olson Contract Wilson Park 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 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 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. 3.1.7 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 shown in Appendix A. 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 Olsson Contract Wilson Park 2 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 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 Coveraze Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Olsson Contract Wilson Park 3 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. 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. Olsson Contract Wilson Park 4 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 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. Olsson Contract Wilson Park 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 deletion of proprietary data or confidential information from such publications, but otherwise Olsson Contract Wilson Park 6 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 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: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 302 E. Millsap Road Fayetteville, Arkansas 72703 Olsson Contract Wilson Park 7 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 out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Olsson Contract Wilson Park 8 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. I 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 orat its discretion, to deduct from the contract price or consideration, or otherwise recover, the.full amount of such commission, percentage, brokerage, or contingent fee. Olsson Contract Wilson Park 9 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 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. 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. OLSSON, INC. By. . �1--�_ By. M r, L' neld Jord Brad Hammond, P.E., Office Leader ATTEST: C�ERKj����ii By: wt�lx C_)� City Clerk 0c, -`Aris Brackett, P.E., Senior Engineer END OF AGREEMENT % +�'�IONAL ENGINEERING SERVICES Olsson Contract Wilson Park 10 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A — SCOPE OF SERVICES This is Appendix A, consisting of 8 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 C>-9 OLSSON, INC. The following contains additional Scope of Services tasks. A.1 General Scope 1. The work covered by this agreement includes surveying, engineering, and landscape architecture services for the Wilson Park Bridge Replacement and Promenade Project. 2. The project scope includes the following elements: a. Pedestrian Bridge Replacement: This project will remove two existing foot bridges which are over 30 years old and replace with one 10-ft wide, approximately 45-ft long prefabricated modified bowstring truss style steel bridge which will tie into the existing loop trail. b. Promenade: A variable width but approximately 10-ft wide rock/concrete path, with seating areas, will connect the existing loop trail to a playground and pavilion area which will also provide ADA access to the bridge and loop trail. Stream restoration work where the foot bridge is removed will provide a natural stream crossing. 3. The Scope of Work will be in compliance with the Arkansas Recreational Trail Program (RTP) Procedures and consist of the following design phases: Phase 1, 30% Design Phase, based on Conceptual Plans designed by Fayetteville Parks and Recreation Department; Phase 2, 60% Plans, Specification and Estimate (PS&E); Phase 3, Final PS&E; and Phase 4, Bidding. 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, landscape architects and other assistants as may be necessary to carry on the work in an efficient and expeditious manner. An experienced, licensed, Landscape Architect shall lead the design.efforts for the Prominade. Design documents shall be prepared as one package include all work involving the Pedestrian/Bicycle Bridge Replacement and Promenade. OLSSON will provide typical services to bid and construct the work including the following services: A2.1 Topographic Survey Fayetteville Parks and Recreation — Wilson Park Appendix A Page 1 1. Olsson will perform the necessary topographic ground survey which will include existing items such as above ground utilities, trees, existing trails, playground structures and pavilions necessary to design and construct the project. The topographic survey will be performed using electronic `Total Station' and/or GPS equipment technology. 2. Natural topographic features and man-made features will be recorded by coordinates to the nearest one -tenth (0.1) of a foot. Topographic features, trees, and other elements which are pertinent to the design or are necessary to properly show the effect of the proposed work within the project area at Wilson Park. 3. Olsson shall perform a topographic survey for Area 1 in Wilson Park in Fayetteville, Arkansas out of the Fayetteville, Arkansas office. Area 1 is 325' in length and begins at the West Bridge and extends East to 50' East of the East Bridge, , 90' from the top bank on the north side of the stream and 50' from top of bank on the south side, the stream area and includes locating each Bridge and the area around the swings and pavilion. 4. Olsson will create the base map using the above topographic survey data. Drawings will be provided in AutoCAD format. The base survey will be provided to the City of Fayetteville in AutoCAD format. 5. Horizontal control will be referenced to the Arkansas Coordinate System 1983, North Zone. Vertical control will be referenced to NAVD 88. Horizontal and vertical control will be established using the National Geodetic Survey (NGS) Online Position User Service (OPUS) or from local city monuments, if available. 6. Arkansas One Call will be contacted, and utilities will be drawn from surveying above ground features and will include markings by utility companies resulting from the locate request. Any information supplied by utility companies will also be used to complete the placement of existing utilities on the plans. Locations from utility plans will be transferred into the topographic survey. Where available, above -ground features will be used to improve accuracy. The Consultant will add a disclaimer to the drawings with respect to the undetermined location of underground utilities. A.2.2 Pedestrian/Bicvcle Bridi!e Replacement 1. 30% Design a. Project Kick-off Meeting: Olsson shall facilitate a kick-off meeting with Parks and Recreation Staff to discuss the project's scope and timelines. Results of the kick-off meeting shall define the design theme for the preparation of the construction documents. b. The manufacturer of the replacement bridge is assumed to be Wheeler, the City's preferred recreational bridge manufacturer, or equal. Based on Olsson's survey data, the location and span of the replacement bridge shall be identified. 1. Using generic drawings and preliminary loads, Olsson shall prepare preliminary foundation drawings for the replacement bridge. 2. Olsson shall then require loadings and shop drawings, provided by the manufacturer, to verify and finalize the foundation design. c. Opinion of Probable Cost d. Design/Progress Meeting: Olsson shall facilitate a design review meeting with Parks and Recreation staff prior to submitting the 30% Plan set to ArDOT. Fayetteville Parks and Recreation — Wilson Park Appendix A Page 2 e. Submittal: Olsson shall submit the 30% Plans to the City of Fayetteville Parks and Recreation Department and ArDOT for review and comment. 2. 60% Design a. This task will take the design plans from 30% to 60% complete. The plans will include detailed foundation design, stream bank improvements, if any, and realigned trail approaches to each end of the bridge and drawings for relocating the light poles. b. Opinion of Probable Cost: Olsson shall prepare an updated total project cost estimate. Each section of the design will be broken out separately on the estimate to assist in determining the construction phasing of the project. c. Design/Progress Meeting: Olsson shall facilitate a design review meeting with Parks and Recreation staff prior to submitting the 60% plan set to ArDOT. d. Submittal: Olsson shall submit the 60% Plans to the City of Fayetteville Parks and Recreation Department and ArDOT for review and comment. 3. 90% Design a. In the Final Design Plans, Olsson will prepare project base files and plan sheets in accordance with City of Fayetteville and ArDOT design standards, as applicable. b. All sheets that will be included in the PS&E plan set will be included in this submittal. This includes, but not limited to, the following sheets: • Title Sheet • Survey control and alignment sheet • General Notes Sheet • Quantities Summary Sheet • Demolition Plan • Replacement Bridge Foundation Sheet • Low-water Bridge Cross-section • ADA Ramp Details • Detailed Grading Plans • Drainage Area Map • Storm Drainage Profiles, if any • Special Details • Sediment and Erosion Control Plan c. Opinion of Probable Cost d. Specifications e. Design/Progress Meeting: Olsson shall facilitate a design review meeting with Parks and Recreation Staff prior to submitting the 90% plan set to ArDOT f. Final PS&E: Upon incorporating review comments into the plan set and special provisions, Olsson shall prepare and submit all drawings, special provisions, and an updated total project cost estimate to the City's Project Manager for the final PS&E review. Upon City and ArDOT acceptance of the PS&E plans, the Consultant shall submit the bid package to the City's Project Manager. The bid package includes Fayetteville Parks and Recreation — Wilson Park Appendix A Page 3 sealed paper drawings and sealed special provisions. The bid package will also be accompanied by an electronic copy of the design in PDF format. A.2.3 Promenade 30% Design a. Project Kick-off Meeting: Olsson shall facilitate a kick-off meeting with Parks and Recreation Staff to discuss the project's scope and timelines. Results of the kick-off meeting shall define the design theme for the preparation of the construction documents. b. Utilizing the City's Conceptual Drawing for the Promenade, Olsson shall design an organically flowing variable width but approximately 10 foot wide trail connection between the replacement bridge and the new low water crossing. The promenade will tie both stream crossings together as well as the existing swing structure, pavilion and existing trail. The promenade will provide seating areas and include associated plantings. irrigation design is not included. 1. Connection to existing trail sections shall be realigned to provide safe and efficient flow onto and off of the replacement bridge. 2. Proposed low-water crossing shall include a stream -side, accessible landing that encourages interaction with the water by park users. Access shall be ADA compliant and will require considerable terracing of the stream bank to provide safe and efficient access to the low-water crossing and landing area. 3. Olsson shall design drainage improvements for the low area in the south west comer of the swings. c. Opinion of Probable Cost: Olsson will prepare a project cost estimate. Each section of the design will be broken out separately on the estimate to assist in determining the construction phasing of the project. d. Design/Progress Meeting: Olsson shall facilitate a design review meeting with Parks and Recreation Staff prior to submitting the 30% Plan set to ArDOT. e. Submittal: Olsson shall submit the Preliminary Plans to the City of Fayetteville Parks and Recreation Department and ArDOT for review and comment. 2. 60% Design a. The task will develop the design from 30% to 60%. These plans will include detailed trail alignment, materials selection, grading and drainage, terracing to provide access to the low-water crossing and recommended drainage improvements. b. Opinion of Probable Cost: Olsson shall prepare an updated total project cost estimate. Each section of the design will be broken out separately on the estimate to assist in determining the construction phasing of the project. c. Design/Progress Meeting: Olsson shall facilitate a design review meeting with Parks and Recreation staff prior to submitting the 60% plan set to ArDOT. Fayetteville Parks and Recreation — Wilson Park Appendix A Page 4 d. Submittal: Olsson shall submit the 60% Plans to the City of Fayetteville Parks and Recreation Department and ArDOT for review and comment. 90% Design a. In the Final Design Plans, Olsson will prepare project base files and plan sheets in accordance with City of Fayetteville and ArDOT design standards, as applicable. b. All sheets that will be included in the PS&E plan set will be included in this submittal. This includes, but not limited to, the following sheets: • Title Sheet • Survey control and alignment sheet • General Notes Sheet • Quantities Summary Sheet • Demolition Plan • Replacement Bridge Foundation Sheet • Low-water Bridge Cross-section • ADA Ramp Details • Detailed Grading Plans • Drainage Area Map • Storm Drainage Profiles, if any • Special Details • Sediment and Erosion Control Plan c. Opinion of Probable Cost d. Specifications e. Design/Progress Meeting: Olsson shall facilitate a design review meeting with Parks and Recreation Staff prior to submitting the 90% plan set to ArDOT f. Final PS&E: Upon incorporating review comments into the plan set and special provisions, the Consultant shall prepare and submit all drawings, special provisions, and an updated total project cost estimate to the City's Project Manager for the final PS&E review. Upon City and ArDOT acceptance of the PS&E plans, the Consultant shall submit the bid package to the City's Project Manager. The bid package includes sealed paper drawings and sealed special provisions. The bid package will also be accompanied by an electronic copy of the design in PDF format. A.2.4 Permitting 1. Olsson will submit a Clean Water Act, Section 404, nationwide pen -nit notification to the U.S. Army Corps of Engineers (USACE) for the project site. Nationwide permits are general department of army (DA) permits that meet a set of nationwide standards that have minimal individual and cumulative environmental impacts. Nationwide permits are required when jurisdictional aquatic impacts occur related to a project. Olsson will follow the Clean Water Act regulations (33 CFR Parts 320-332) and Section 404(b)(1) Guidelines (40 CFR Part 230). Nationwide permits include a description of the Project, aquatic impacts, threatened and endangered species (desktop evaluation), and cultural resources (desktop evaluation). Following completion of the permit, Olsson will submit the permit request to the USACE for permit issuance. Olsson will follow-up with additional USACE requests within the limitation of the assumptions outlined below. Fayetteville Parks and Recreation — Wilson Park Appendix A Page 5 2. This project will require an observer during construction for archeological purposes. The bid package shall reflect this requirement. 3. Olsson will prepare and submit on behalf of the City of Fayetteville the following permits, agreements, certifications, and forms. The Consultant will copy the City's Project Manager on all applications being submitted. Any permit fees or mitigation costs will be paid for by the city a. SWPPP - NPDES Permit b. COE Nationwide Permit A.2.5 Bidding, Contract Award and Construction Administration l . Coordinate with CITY OF FAYETTEVILLE Purchasing Department and provide final bid documents to Purchasing Department for advertisement. All advertising bid document distributions, and direct contact with potential bidders will be provided by the Purchasing Department. 2. Attend Pre -Bid Conferences: Olsson shall attend the Pre -Bid Conference for each contract section and will take note of any issues raised there that might affect or require clarification of the Contract Documents. Olsson will coordinate with the City Purchasing Division to finalize any addenda necessary. 3. Assist Purchasing Department with answering questions from bidders and preparation of addenda. 4. Olsson will assist Purchasing Department with preparation of construction contract document front ends. 5. Olsson assumes a maximum of three separate contract sections for bidding. 6. Contract Deliverables: Addenda and written documentation as described above. 7. Construction Administration a. Olsson shall provide basic construction administration services, including the following: • Site visits by professionals to determine if construction is generally in accordance with contract documents. A maximum of eight (8) site visits is included. • Review of submittals by contractor • Responses to requests for information (RFIs) • Evaluation of requested change orders • Review of partial payment estimates submitted by the contractor • A final project walk-through and punch list is included in one of the site visits referenced above. b. Exclusions: Fayetteville Parks and Recreation — Wilson Park Appendix A Page 6 Detailed on -site construction inspection A.2.6 Assumptions and Exclusions 1. Assumptions: We have made assumptions in the preparation of this proposal. These assumptions and subsequent explanations are as follows: a. Plans will be completed in one bid package. Splitting the plans into more than one set would require a contract amendment. b. Quantity summary tables and breakouts are not required. c. All permit and mitigation fees will be paid by the Client. d. Client shall coordinate any landowner permission and access in order to complete work. e. Client will notify adjoining property owners of public meetings. f. Client shall provide boilerplate front end documents and other standardized bidding documents for compiling the project bid manual. g. Utility relocations are currently unknown. If required, the relocations will be designed by the respective utilities or by contract amendment, including waterline and sanitary sewer. 2. Exclusions: Exclusions include, but are not limited to, the following: a. Geotechnical survey. b. Topographic Survey for Area 2 — the stream area between the west bridge and Wilson Ave. (Additional Fee of $2,200.00) c. Topographic Survey for Area 3 — the stream area between the east bridge/low-water crossing and the tennis courts (Additional Fee $2,200.00) d. Pedestrian/bike level of service analysis e. Detention and water quality design f. Environmental investigation, permitting beyond those noted in the scope g. Landscaping and irrigation plans, beyond that noted in the scope h. Renderings, 3D modeling beyond that noted in the scope i. Detailed retaining wall and structural design j. As -built Surveys and preparation of Record Drawings k. Any services not specifically detailed in the scope. A.3 Project Deliverables See Deliverables in Scope Above. A.4 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 A2.9 is tabulated as follows. Fee amounts for each phase may exceed subtotals below, but total fee will not exceed the total fee shown below. Fayetteville Parks and Recreation — Wilson Park Appendix A Page 7 a. Topo Survey, Project Area $3,180.00 b. Pedestrian Bridge Replacement $10,378.00 c. Promenade $18,173.00 d. Permitting $4,776.00 e. Bid Phase $3,693.00 f. Estimated Expenses $1.000.00 g. TOTAL $41,200.00 A.5 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. 1. Conduct Kick -Off Meeting and Submit survey drawings: o 15 Calendar days after NTP 2. Submit Preliminary Plans (30%): o 30 Calendar days following Kick -Off Meeting 3. Revise Preliminary Plans and submit 60% design drawings and opinion of probable cost: o 30 Calendar days after receipt of written comments regarding 30% design from CITY OF FAYETTEVILLE 4. Revise 60% design drawings submit 90% design drawings and opinion of probable cost o 30 Calendar days after receipt of written comments regarding 60% design from CITY OF FAYETTEVILLE 5. Revise 90% design drawings submit Final design drawings and opinion of probable cost: o 15 Calendar days after receipt of written comments regarding 90% design from CITY OF FAYETTEVILLE 6. Provide final biddable construction documents o 15 Calendar days after receipt of written comments regarding final design from CITY OF FAYETTEVILLE A.6 Attachments 1. OLSSON Labor Billing Rate Schedule for 2020 2. OLSSON Reimbursable Expense Schedule for 2020 Fayetteville Parks and Recreation — Wilson Park Appendix A Page 8 olsson LABOR RATE BILLING SCHEDULE 2020 LABOR RATES Description Range Principal/Senior Professional....... 140 - 250 Project Manager ........................ 110 - 180 Project Professional ................... 90 - 145 Assistant Professional ................ 60 - 120 Designer .................................. 70 - 125 CAD Operator ........................... 40 - 100 Survey ..................................... 50 - 140 Survey Crew ............................. 120 - 160 Construction Services ................. 50 - 170 Administrative/Clerical................ 40 - 100 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 Cost Automobiles (Personal Vehicle) $0.575/mile* Suburban's and Pick -Ups $0.75/mile* Automobiles (Olsson Vehicle) $85.00/day Other Travel or Lodging Cost Actual Cost Meals Actual Cost Printing and Duplication including Mylars and Linens In -House Actual Cost Outside Actual Cost+10% Postage & Shipping Charges for Project Related Materials including Express Mail and Special Delivery Actual Cost Film and Photo Developing Actual Cost+10% Telephone and Fax Transmissions Actual Cost+10% Miscellaneous Materials & Supplies Applicable to this Project Actual Cost+10% Copies of Deeds, Easements or other Project Related Documents Actual Cost+10% Fees for Applications or Permits Actual Cost+10% Sub -Consultants Actual Cost+10% Taxes Levied on Services and Reimbursable Expenses Actual Cost *Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change). 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