HomeMy WebLinkAbout224-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 224-22
File Number: 2022-0858
CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 22-01
SELECTION #12, IN AN AMOUNT NOT TO EXCEED $146,780.00 FOR DESIGN
SERVICES ASSOCIATED WITH THE LAKE FAYETTEVILLE BALLFIELD RENOVATION
PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,340.00,
AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND
PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to
RFQ 22-01 Selection 412, in an amount not to exceed $146,780.00 (including $2,150 for
reimbursable expenses) for engineering design services associated with the Lake Fayetteville Ballfield
Renovation Project, and further approves a project contingency in the amount of $7,340.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 10/4/2022
Page 1 Printed on 1015122
Resolution: 224-22
File Number.• 2022-0858
Approved:
Lioneld Jor , Mayor
Attest:
Kara P , ton, City Clerk Treasurer
Page 2 Printed on 1015122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0858
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.7
CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 22-01 SELECTION #12, IN
AN AMOUNT NOT TO EXCEED $146,780.00 FOR DESIGN SERVICES ASSOCIATED WITH THE
LAKE FAYETTEVILLE BALLFIELD RENOVATION PROJECT, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $7,340.00, AND TO APPROVE A BUDGET ADJUSTMENT
- 2019 PARK IMPROVEMENT BOND PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 22-01
Selection #12, in an amount not to exceed $146,780.00 (including $2,150 for reimbursable expenses) for
engineering design services associated with the Lake Fayetteville Ballfield Renovation Project, and further
approves a project contingency in the amount of $7,340.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 101512022
Byron Humphry
Submitted By
City of Fayetteville Staff Review Form
2022-0858
Legistar File ID
10/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/13/2022
Submitted Date
Action Recommendation:
PARKS & RECREATION (520)
Division / Department
A resolution to approve a professional engineering services agreement with Crafton Tull & Associates, Inc. in a not -
to -exceed amount of $144,630 plus $2,150 for reimbursable expenses, for a total contract amount of $146,780, for
engineering design services for the Lake Fayetteville Ballfield renovation bond project pursuant to RFQ 22-01,
selection 12; approval of contingency in the amount of $7,340; and approval of a budget adjustment.
Budget Impact:
4705.860.7505-5860.02
Parks Projects 2022 Bonds
Account Number Fund
46050.7505.1000 Parks Bonds Projects - Lake Fayetteville Impr -
Softball Fields
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 5,420,756.00
$ 3,552,605.69
$ 1,868,150.31
$ 154,120.00
$ 154,120.00
$ 1,868,150.31
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 4, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
Terry Gulley, Assistant Public Works Director
CITY COUNCIL MEMO
FROM: Byron Humphry, Park Maintenance Superintendent
DATE: September 13, 2022
SUBJECT: A resolution to approve a professional engineering services agreement
with Crafton Tull & Associates, Inc. in a not -to -exceed amount of $144,630
plus $2,150 for reimbursable expenses, for a total contract amount of
$146,780, for engineering design services for the Lake Fayetteville Ballfield
renovation bond project pursuant to RFQ 22-01, selection 12; approval of
contingency in the amount of $7,340; and approval of a budget adjustment.
RECOMMENDATION:
A resolution to approve a professional engineering services agreement with Crafton Tull &
Associates, Inc. in a not -to -exceed amount of $144,630 plus $2,150 for reimbursable expenses,
for a total contract amount of $146,780, for engineering design services for the Lake Fayetteville
Ballfield renovation bond project pursuant to RFQ 22-01, selection 12; approval of contingency
in the amount of $7,340; and approval of a budget adjustment.
BACKGROUND:
Lake Fayetteville Softball complex is used for adult and youth softball. This project will correct
the drainage issues at the complex, add new irrigation, fencing, and dugouts. New artificial turf
will be installed in the infields which will greatly increase the playability of the fields and the
outfields will be sodded with hybrid Bermuda. Improvements to the ADA accessibility will also
be made.
DISCUSSION:
Crafton Tull & Associates, Inc has provided a proposed scope and an additional
fee/reimbursables in the amount of $146,780 to complete the full design.
BUDGET/STAFF IMPACT:
The design for this project will be paid for with funds from the 2019 Parks Bond.
Attachments:
Crafton Tull & Associates, Inc Engineering Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CRAFTON, TULL & ASSOCIATES, INC.
THIS AGREEMENT is made as of 2022, by and between City. of Fayetteville, Arkansas,
acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Crafton, T_ ull &
Associates, Inc. with offices located in Arkansas (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 the Lake Fayetteville Softball
Complex Renovations (The "Project"). 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 design services in connection with the Project as hereinafter stated,
which shall include normal civil engineering and survey services.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendices Al & A2 attached hereto and made part of this Agreement.
2.1.2 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.
Lake Fayetteville Softball Complex Renovations A — 1 022403
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILE shall, within a reasonable time, so as not to delay the services of
the 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 Guarantee access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform his services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, 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 Exhibit C.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The CITY OF FAYETTEVILLE shall compensate the ENGINEER based on an hourly NTE
basis described in Appendix B.
5.1.1 The maximum not -to -exceed amount authorized for all Architectural and Civil design for as
described in Exhibits Al & A2 of this Agreement is $144,630, not including reimbursable
expenses. Compensation for reimbursable expenses is estimated to be $2,150. Payment for a
specific phase shall not exceed the scheduled amount prior to completion of that phase.
Underruns in one phase may be used to offset overruns in another phase as long as the
contract amount is not exceeded.
Lake Fayetteville Softball Complex Renovations A — 2 022403
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the Design phase 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:
Lake Fayetteville Softball Complex Renovations A — 3 022403
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.
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
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. ENGINEER agrees not to seek or accept any
compensation or reimbursements from the City of Fayetteville for engineering work it performs
to correct any errors, omissions or other deficiencies caused by ENGINEER `s failure to meet
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE retains all
other remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
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
Lake Fayetteville Softball Complex Renovations A — 4 022403
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
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a mutually
acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE
and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
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.
Lake Fayetteville Softball Complex Renovations A — 5 022403
6.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 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 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
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 7.5.4 of
this clause.
6.6 Delays
In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE
or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to
additional compensation and time for reasonable costs incurred by ENGINEER in temporarily
closing down or delaying the Project.
6.7 Rights and Benefits
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 7.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied
with.
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;
Lake Fayetteville Softball Complex Renovations A — 6 022403
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 7.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
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
Recognizing the importance of professional development on the part of ENGINEER's employees
and the importance of ENGINEER's public relations, ENGINEER may prepare publications,
such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's
services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in
draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall
review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to
ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential
information from such publications, but otherwise CITY OF FAYETTEVILLE will not
unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such
publication shall be for ENGINEER's account.
6.11 Indemnification
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, disks of
CADD drawings and cross sections, estimates, specification field notes, and 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 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
Lake Fayetteville Softball Complex Renovations A — 7 022403
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 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
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:
300 North College, Suite 317
Fayetteville, Arkansas 72701
6.14 Successor and Assigns
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
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
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.
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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
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.
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. The United States Environmental Protection Agency, the Comptroller
General of the United States, the United States Department of Labor, CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have access to all
such books, records, documents and other evidence for the purpose of inspection, audit and
copying during normal business hours. ENGINEER will provide proper facilities for such
access and inspection.
7.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
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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
ENGINEER warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement of understanding for a commission, percentage,
brokerage or continent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by ENGINEER for the purpose of securing business. For breach or
violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this
Agreement without liability or at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent
fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable
treatment in awarding, amending or making any determinations related to the performance of
this Agreement, CITY OF FAYETTEVILLE may, by written notice to 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 8.5.1, 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.
Lake Fayetteville Softball Complex Renovations A— 10 022403
7.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and
sub -consultants, prepared while performing City contractual work are subject to the Arkansas
Freedom of Information Act (FOIA). If a Freedom of Information Act request 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 FAYETTEVILLE, ARKANSAS ENGINEER
0
ATTEST:
1-2
William Burnett, PE, Vice President
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Lake Fayetteville Softball Complex Renovations A — 11 022403
a
C� Crafton Tull
architecture I engineering I surveying
Exhibit "Al"
Architectural Scope of Basic Services For:
Project:
Lake Fayetteville Softball Renovation
Client:
City of Fayetteville
Location of Project:
Lake Fayetteville Park
Discipline:
Architecture
Discipline Manager:
Wes Burgess, AIA
Project Manager:
Luke Jost, P.E.
Proposal Date:
August 2022
Billing Type:
Hourly with a Maximum/Reimbursable Expenses
Fee/Estimate:
Architectural Design $16,000
Construction Administration $4,000
Reimbursable Expenses $150
TOTAL: $20,150
Description of the Construction
Project:
Renovation to Lake Fayetteville Softball Fields to upgrade
amenities, improve drainage, and meet accessibility requirements
Design Phase:
• Review Owner's project program and concept to establish project requirements.
• Provide preliminary evaluation of Owner's program, schedule and construction budget.
• Review with the owner alternative approaches to design and construction of the project.
• Based on the mutually agreed -upon program, schedule and construction budget requirements, the architect
shall prepare, for the Owner's approval, Design Documents as indicated below:
• Plan views for field amenities, including bleachers, dugouts, fencing, and batting cages.
Construction Documents Phase:
Based on the approved Design Documents and any further adjustments in scope, quality, schedule or
construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for
the construction of the project.
Assist the Owner in preparation of necessary bidding information, bidding forms, the Conditions of the
contract, and the form of Agreement between the Owner and the Contractor.
Bidding & Negotiating Phase:
• Assist the owner in obtaining bids or negotiated proposals and award of contracts.
• Respond to contractor's request for information regarding clarification of the contract documents.
• Review substitution requests for products specified on project.
• Prepare addendum and supplemental drawings as needed.
www.craftontull.com
a
C� Crafton Tull
architecture I engineering I surveying
Construction Administration Phase:
• Provide administration of the Contract for Construction as set forth in the Owner Architect Agreement, and the
General Conditions of the Contract for Construction.
• Provide a project representative to advise and consult with the Owner during the administration of the
Contract for Construction.
• Provide for approval of shop drawings and submittals from the contractor.
• Attend regular site visits and bi-weekly jobs meeting for the purpose of monitoring construction progress and
general conformance with the Contract documents, and report to the Owner any deviations form the Contract
Documents.
• Conduct final inspection and review contractors punch list for completion of project.
Additional Services:
It may become necessary from time to time to incorporate changes to the contract documents to accommodate
changes in the project program and /or other requirements. These changes will be made on time and material
basis and billed to the Owner per the attached billing rate schedule for additional services.
• Provide revisions to approved documents when requested and approved in writing by the Owner.
• These services shall not be provided without prior written approval by the owner.
Supplemental Services:
These services are not included in the Architect's Basic Scope of Services, and may be provided at the request of
the Owner for additional fee. These services shall include, but are not limited to the following items:
• Condition Assessment of existing facilities (unless included as part of programming scope of services)
• Feasibility studies, detailed construction cost estimates
• Design and Documentation for LEED Certification of Building and Site.
• Assistance with project marketing materials. i.e. graphics package(s) for fundraising / bond issue programs.
• Design and documentation of or owner provided or special systems to include the following
• Telephone and data system
• Security and surveillance systems
• Audio and video systems
• Detailed analysis and documentation for Energy and life cycle cost estimating
This is the Architectural scope of services for the Project. Should there be additions to this scope of
services, those services shall be compensated for additional fee.
www.craftontull.com
a
C� Crafton Tull
architecture I engineering I surveying
Exhibit "AT'
Civil Scope of Basic Services for:
Project:
Lake Fayetteville Softball Complex Renovations
Client:
City of Fayetteville
Location of Project:
Lake Fayetteville Park
Discipline:
Civil Engineering
Discipline Manager:
Luke Jost, P.E.
Project Manager:
Luke Jost, P.E.
Proposal Date:
August 2022
Billing Type:
Hourly with a Maximum/Reimbursable Expenses
Fee/Estimate:
Civil Design
Construction Administration
Reimbursable Expenses
$95,050
$29,580
$2,000
TOTAL:
$126,630
Description of the Construction
Project:
Redesign of the Lake Fayetteville Softball Fields to update amenities,
improve drainage, and meet accessibility requirements. Layout to roughly
match the plans prepared and bid in 2014.
Project Goals -given by City of Fayetteville:
• Correct drainage issues at entire softball facility with new, properly sized storm drains
• Regrade fields for positive drainage and/or adequate sub -surface drainage
• Flip Field 3 with infield nearest concession area. Stay out of dam slope
• Reposition light poles as needed for grade and field layout (poles to remain where possible)
• Artificial turf infields
• Sod outfields with certified hybrid Bermuda
• Install new irrigation system including pump upgrades
• Replace field fencing and backstop fencing
• ADA compliance for access and parking area
• Parking lot asphalt and layout improvements with tree islands per City code and safety cameras
• Parking lot lighting improvements
• Dumpster pad improvements
• Level maintenance access around field perimeters as possible
• Batting cages
The services to be provided by the Engineer:
Preliminary Design Phase:
• Prepare preliminary design plans for review
• Drainage Report
• Preliminary quantity take -offs & engineer's estimate
Final Desian Phase:
• Revise plans based on City comments to the Preliminary Design submittal listed above
• Final Drainage Report
• Final Quantity take -offs & Engineer's Estimate
• Obtain construction approval
• Final project special provision specifications
Biddina & Neaotiatina Phase:
• Finalize Bid documents and issue to bidders through City of Fayetteville
• Answer bidder's questions and issue addenda
• Assist City with bidding process
• Review bids and provide bid recommendation
Construction Phase:
• Answer contractor questions as required
• Review material submittals
• Process change orders
• Bi-weekly progress meetings
• Process and Verify Pay Requests
• Final inspection and project close-out
• Record drawings
END SCOPE OF SERVICES THIS CONTRACT This is the scope of services for the Project. Should there
be additions to this scope of services, those services shall be compensated for additional fee.
Items Provided by City:
• Site access
• Construction materials testing
• Acquisition of Right of Way and Easements
Additional Items that can be provided by CTA under amendment or separate contract:
• Construction Observation/Inspection
• FEMA Studies & Map Revision Applications (CLOMR/LOMR)
• Wetland Determinations
• Corps of Engineers Permitting
• Water Quality Feature design
• ROW Acquisition Services
• Retaining wall design
www.craftontull.com 2
C�
Crafton Tull
® architecture I engineering I surveying
Exhibit "B"
Standard Hourly Rate Schedule
Effective January 1, 2022
Hourly
Category
Rate
CIVIL ENGINEERING 0
ENGINEERING PRINCIPAL ............................
$
210
SR. ENGINEERING MANAGER .......................
$
195
ENGINEERING MANAGER .............................
$
175
SR. PROJECT ENGINEER .............................
$
155
PROJECT ENGINEER ...................................
$
130
ENGINEER INTERN III ...................................
$
120
ENGINEER INTERN II ...................................
$
110
ENGINEER INTERN I ....................................
$
100
SR. ENGINEERING DESIGNER ......................
$
140
ENGINEERING DESIGNER III .........................
$
110
ENGINEERING DESIGNER II ..........................
$
90
ENGINEERING DESIGNER I ..........................
$
80
ENGINEERING CAD TECHNICIAN III ...............
$
75
ENGINEERING CAD TECHNICIAN II ................
$
65
ENGINEERING CAD TECHNICIAN I .................
$
50
. • [1
ENVIRONMENTAL MANAGER ........................
$
185
SR. ENVIRONMENTAL SCIENTIST .................
$
145
PROJECT ENVIRONMENTAL SCIENTIST .........
$
120
ENVIRONMENTAL SCIENTIST II .....................
$
100
ENVIRONMENTAL SCIENTIST I ......................
$
80
INSPECTION
SR. INSPECTOR ..........................................
$
110
INSPECTOR II ..............................................
$
95
INSPECTOR I ..............................................
$
65
SR. LANDSCAPE ARCHITECT ........................
$
145
PROJECT LANDSCAPE ARCHITECT ...............
$
110
LANDSCAPE ARCHITECT INTERN II ...............
$
85
LANDSCAPE ARCHITECT INTERN I ................
$
75
LANDSCAPE ARCHITECTURE DESIGNER .......
$
80
PLANNING MANAGER ..................................
$
170
SR. PLANNER ..............................................
$
155
PROJECT PLANNER .....................................
$
120
PLANNER II .................................................
$
100
PLANNER I ..................................................
$
85
Hourly
Category
Rate
PROFESSIONAL SURVEYOR PRINCIPAL ........
$ 190
SR. PROFESSIONAL SURVEYOR ...................
$ 150
PROFESSIONAL SURVEYOR .........................
$ 120
SURVEY PROJECT MANAGER ......................
$ 115
SURVEY COORDINATOR ..............................
$ 95
SURVEYOR INTERN .....................................
$ 85
SURVEY PARTY CHIEF II ..............................
$ 85
SURVEY PARTY CHIEF I ...............................
$ 75
SURVEY TECHNICIAN III ...............................
$ 65
SURVEY TECHNICIAN II ................................
$ 55
SURVEY TECHNICIAN I ................................
$ 45
GIS MANAGER ............................................
$ 110
GIS ANALYST ..............................................
$ 90
GIS TECHNICIAN II .......................................
$ 65
GIS TECHNICIAN I .......................................
$ 50
ADMINISTRATIVE PRINCIPAL ........................
$ 185
ADMINISTRATIVE MANAGER ........................
$ 145
ADMINISTRATIVE IV .....................................
$ 100
ADMINISTRATIVE III .....................................
$ 80
ADMINISTRATIVE II ......................................
$ 55
ADMINISTRATIVE I .......................................
$ 45
GPS Equipment..........................................$35/Hour
Robotic Survey Equipment...........................$20/Hour
LiDAR Scanning Equipment ........................$35/Hour
UAV....................................................$1000/Unit
Job Related Mileage....................................$0.58/Mile
Per Diem for Out of Town Crews..... Per GSA
Allowable
Airfare and other travel related expenses ..........
At Cost
Black and white 8.5"xl 1" Copies ..............
$0.15/sheet
Color 8.5"xl1" Copies ............................
$1.50/sheet
Photo Paper Color Plan Sheet Copies ......
$0.75/sq. ft.
Reproducible Plan Copies (Vellum) ...........
$1.50/sq. ft
Reproducible Plan Copies (Bond) .............
$0.35/sq. ft.
All rates are subject to change without notice.
Exhibit "C"
Anticipated Design Schedule
• Notice to Proceed: September 2022
• Preliminary Plans: November 21, 2022
o City Review: 3 weeks
• Final Plan & Specs submittal: Feb 3, 2023
o City Review: 2 weeks
• Bid Plans: March 2023
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City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 PARKS &RECREATION (520)
2022
Requestor: Byron Humphry
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a contract with Crafton Tull & Associates, Inc. in a not -to -exceed amount of $144,630 plus $2,150 for
reimbursable expenses, for a total contract amount of $146,780, for engineering design services for the Lake
Fayetteville Ballfield renovation bond project pursuant to RFQ 22-01, selection 12; approval of contingency in the
amount of $7,340; and approval of a budget adjustment.
RESOLUTION/ORDINANCE
COUNCIL DATE: 10/4/2022
LEGISTAR FILE ID#: 2022-0858
9/9/2022 10:09 AM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 10/4/2022
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20220818
Account Name
4705.860.7505-5860.02
146,780 -
46050 7505.1000 EX
Capital Prof Svcs - Engineering/Architectu
4705.860.7505-5911.99
4705.860.7999-5899.00
7,340 -
(154,120) -
46050 7505.1000 EX
46050 7999 EX
Contingency -Capital Project
Unallocated - Budget
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