RES NO 04-01-2014 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. L I' 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT FOR A COMPREHENSIVE
PARKS AND RECREATION PLAN FOR THE CITY OF
VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren, Arkansas desires to make park and recreation
improvements within the City, and in order to commence the projects the City is
in need of professional services for the development of plans and designs, and
supervision for said projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The Mayor is authorized to enter into a contract (Exhibit "A with CEI
Engineering Associates, Inc. to provide engineering services for the planning and
design of a Comprehensive Parks and Recreation Plan. Payment for such
engineering services and reimbursable expenses shall not exceed $50,000.00.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (for and C against, the foregoing Resolution at its regular meeting
held on the 21 S of April 2014.
4
Robert D. eeman
Mayor
ATTESTED: A OVE 1 AS TO FORM:
"A 0/A/U IL etta:/2_. J 4
Barbie Curtis Candice ‘.-ttle
City Clerk/Treasurer City Attorney
City of Van Buren
Parks and Recreation Comprehensive Plan
Van Buren, Arkansas
Proposal for Consulting Services
3 -26 -2014 -CEI #91000
PROJECT DEFINITION
Thank you for the opportunity to assist the City of Van Buren with the development of your first Parks
Recreation Comprehensive Master Plan. Fortunately, the City of Van Buren recognizes the importance to
assess its parks, recreation, open /green space, and greenway needs for its current residents and create a
realistic response to those needs that reflects current conditions and provides a plan for the future.
II. SCOPE OF BASIC SERVICES
A. Parks and Recreation Comprehensive Plan See attached Scope of Services labeled Exhibit A.
Total this phase 50,000.00
B. Reimbursable Expenses Copying, supplies, postage /shipping charges, and mileage will be
billed as reimbursable items. This fee also includes any reimbursable fees for travel such as airline,
rental cars, hotel or meals associated with the project.
Total this phase As Expended
Fees. 50,000.00
(This total fee is not including Reimbursable Expenses)
Note: this is a limited service agreement. CEI hereby notifies the Client that it shall assume no
responsibility for any or all interpretations, coordination, and administrations of documents it did not
create or for the lack of those items listed above and shall be held harmless for any and all errors as
a result of the above or deviations or additions of said documents, unless otherwise specified in an
executed services agreement.
III. RESPONSIBILITY OF CLIENT:
Client will provide to CEI, the following items:
A. Access to Park Properties
B. Maps or Documents of all Park Properties (electronic and hard copy)
IV. SERVICES NOT INCLUDED /ADDITIONAL SERVICES
In addition to the services described above, CEI is capable and available to provide the following
services on an "as requested" basis. An Extra Work Authorization (EWA) form or contract amendment
will be issued for any services outside the scope of this proposal. All EWA's or contract amendments
will be approved and signed by the Client identified herein prior to beginning work. All additional
services will be performed on an hourly basis per the current Schedule of Charges.
V. SCHEDULE OF CHARGES
Charges for our services are divided into three categories: Labor, Consultants, and Reimbursable
Expenses.
SUB CONSULTANT SERVICES: In cases where CEI retains another engineering consultant to
provide services outside of our area of practice, cost of such services will be charged at actual
invoice cost, subject to prior approval by client.
REIMBURSABLE EXPENSES: Outside services, and related materials, will be charged at the
actual invoice cost. In addition, direct out -of- pocket costs such as postage, delivery services, travel
(other than vehicle mileage), and subsistence expenses will be charged at actual costs. Vehicle
mileage is billed at the applicable I.R.S. rate allowed per mile.
VI. CREDIT POLICY: Terms will be given only to clients with approved credit. Invoices will be rendered
monthly, either as final or progress billing. CEI payment terms are net 30 days. Invoices past 30 days
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Comprehensive Parks Master Plan
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due will be subject to a monthly service charge, which will be assessed in compliance with state usury
laws. Should the account be placed for collection with an outside collector, the cost of such collections
will be added to the principal amount owed. CEI may stop work on any account that is 60 days
delinquent. In the event that CEI elects to stop work as provided herein, Client will be assessed a
resumption of work charge equal to 20% of the total contract amount. Said resumption of work charge
and all outstanding invoices must be paid in full by Client prior to the resumption of work on the project.
Client agrees that the balance as stated on the invoice from CEI to Client is correct, conclusive, and
binding on the Client unless Client within thirty (30) days from the date of the receipt of the invoice
notifies CEI in writing of the particular item that is alleged to be incorrect.
Client's Initials
Required for contract to be valid
VII. STANDARD TERMS AND CONDITIONS
STANDARD OF PRACTICE
Services performed by CEI under this Agreement will be conducted in a manner consistent with the
level of care and skill ordinarily exercised by engineers currently practicing in the same locale under
similar conditions. No other representation, expressed or implied, and no warranty or guarantee is
included or intended in this Agreement, or in any report, opinion, document, or otherwise. All other
common law warranties are hereby expressly disclaimed.
Client agrees that payment of all CEI invoices under this Agreement is for services rendered on
behalf of Client and payment is not conditioned on (1) the receipt of any municipal or governmental
approvals, authorizations, permits, or licenses or any type; (2) the availability of any utility services:
or (3) payment to Client by any third party.
OWNERSHIP OF DOCUMENTS
All documents including drawings and specifications prepared or furnished by CEI pursuant to this
Agreement are instruments of service in respect to the project and CEI shall retain an ownership
and property interest therein whether or not the project is completed. Client may make and retain
copies for information and reference in connection with the use and occupancy of the project by
Client or others.
RE -USE OF DOCUMENTS
Copies of all reports, drawings, specifications, field data, field notes, laboratory test data,
calculations, estimates, and other documents provided to Client as instruments of service are for
use on the project specifically described in this Agreement. Any re -use of these by the Client for
any other project or extension of this project, without the express, written authorization, verification,
or adaptation by CEI, will be at Client's sole risk and without liability or legal exposure to CEI or
CEI's independent professional associates or consultants, and Client shall indemnify, hold harmless
and defend CEI and CEI's independent professional associates and consultants from all claims,
damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
INSURANCE
CEI maintains the following insurances:
Worker's compensation of a form and in an amount as required by law and employer's liability
insurance of $1,000,000.
Comprehensive general liability with limits of $4,000,000 ($2,000,000 per occurrence), and
automotive liability insurance with limits of $1,000,000 combined single limit.
Excess liability umbrella insurance of $5,000,000.
Professional liability insurance with a limit of $2,000,000, per claim /annual aggregate.
Upon written request of Client, CEI will provide additional insurance, if available; including increased
coverage and /or limits, and the Client will pay CEI an agreed amount for the increased coverage.
LIMITATION OF LIABILITY
The Client hereby agrees that, to the fullest extent permitted by law, CEI's total liability to Client for
any and all injuries, claims, losses, expenses, or damages whatsoever arising including but not
limited to CEI's negligence, errors, omissions, strict liability, breach of contract, or breach of
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warranty shall not exceed the total sum paid on behalf of or to CEI by CEI's insurance policies
applicable thereto and CEI's deductible amounts (excluding fees, costs expenses of investigation,
claim adjustment, defense, and appeal)
Any service deleted from this offer by the client will become the responsibility of the client. If this
proposal was written without the benefit of an on -site investigation, changes in the scope may be
necessary. CEI shall be held harmless in the event that any unseen condition adversely affects the
design or intended use of the property in any way.
INDEMNIFICATION
The Client will indemnify, hold harmless and defend CEI, its officers, directors, employee, agents,
consultants, and subconsultants from and against any and all liabilities, damages, or expenses,
including without limitations any and all legal costs and expenses; whatsoever in connection with
any personal injury or property damage arising out of or in any way connected with the negligence,
reckless, or intentional acts or omissions by Client, its officers, directors, shareholders, agents,
employees, consultants, and subcontractors, whether said acts or omissions and negligent reckless
intentional or unintentional. (This provision shall not be construed as a waiver of the City of Van
Buren's statutory immunity).
Further, the Client shall, to the fullest extent of the law, indemnify, defend and hold harmless CEI, its
directors, officers, employees, agents and subcontractors from and against all claims or action,
based on, or arising out of, damages or injuries to persons or property caused by, or arising out of,
any hazardous, and /or toxic substances present at the site where CEI and /or its subcontractors
have performed work.
In accordance with generally accepted construction practices, the client and client's contractors shall
be solely and completely responsible for the conditions of the job site, including the health and
safety of all persons and property during performance of the work. This requirement will apply
continuously and not be limited to normal working hours. Any construction observation by the
engineer of the contractor's performance is not intended to include review of the adequacy of the
contractor's safety measures, in, on, or near the construction site.
DISPUTE RESOLUTION
Client and CEI agree to attempt to settle all claims, disputes or controversies arising out of, or in
relation to the interpretation, application or enforcement of this Agreement by direct discussions;
however, absent resolution by direct discussions, they agree to attempt to settle disputes by formal
mediation according to the Construction Industry Mediation Rules of the American Arbitration
Association. Absent resolution by mediation they agree to binding arbitration under the Rules of the
American Arbitration Association.
SEVERABILITY
Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all
remaining provisions shall continue in force. However, the Client and CEI will in good faith attempt
to replace an invalid or unenforceable provision with one that is valid and enforceable, and which
comes as close as possible to expressing or achieving the intent of the original provision.
PROJECT PUBLICITY AND RECOGNITION
During development construction, or upon completion of the project, CEI's name will be included on
any public recognition project identification display indicating design team, owners, and or
financiers. CEI shall be allowed to place or hang a temporary banner on the site during construction
of the project.
LIEN RIGHTS
Client agrees that CEI shall have a lien upon real property constituting the project site for all unpaid
sums due pursuant to this agreement or any addendum hereto, and that CEI is authorized to perfect
a lien, enforce the lien, and foreclose the lien in the manner prescribed under local statutes for the
perfection, enforcement and foreclosure of a mechanic and material man's lien upon real property.
All provisions under the heading "STANDARD TERMS AND CONDITIONS" shall survive
termination or completion of this agreement.
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AMENDMENTS
The duties, responsibilities, and limitation of authority of the Client or CEI shall not be made or
extended without a written, executed agreement between CEI engineering Associates, Inc and
the Client.
SUCCESSORS AND ASSIGNS
CEI Engineering Associates, Inc and the Client each bind themselves, their associates,
directors, partners, successors, executors, administrators and assigns to the other party to this
Agreement and to the associates, directors, partners, successors, executors and administrators
and assigns to such other party, with the respect to all obligations contained in this Agreement.
CEI Engineering Associates, Inc. may assign its rights and obligations under this Agreement at
any time without the consent of the Client. However, the Client shall not assign its obligations
under this Agreement or sublet as a whole, without the prior written approval by CEI Engineering
Associates, Inc.'s of the successor or assignee and its ability to comply with the terms and
conditions of this and /or subsequent written Agreement. All assignments made by Client without
CEI Engineering Associates, Inc.'s consent shall be considered null and void.
TERMINATION
Either Party may terminate this Agreement in full or in part, in writing, if the other Party fails to
fulfill its obligations under the Agreement through no fault of the other Party. In such event, one
may declare the other in default by issuing a written Declaration of Default and terminate the
Agreement for cause. Prior to, an opportunity to cure any default or breach shall be given by way
of a written notice being delivered to the Breaching Party including a description of the conditions
constituting default or breach of the Agreement and providing the Breaching Party a period of
time of ten (10) days within which to correct such conditions. If defined default or breach is not
corrected within allotted number of days, then the written Declaration of Default may be issued.
Upon any termination or suspension of an Agreement, CEI Engineering Associates, Inc. shall be
paid for all work performed up to the date of termination or suspension.
PROVIDED DATA
Any information or data provided by Owner or Owner's representatives or by a third party as
directed by Owner or Owner's representative to CEI to be used as base or supplemental
information or data to the scope shall be considered reliable and CEI shall be held harmless to
any errors or emission due to its use.
SITE SAFETY OR CONTROL
In no form or fashion shall it be implied or assumed, unless expressively written into scope, that
CEI has or will be responsible for an Owner's or Contractor's control of the site nor will CEI
dictate the means and methods of the Owner, Contractor and Contractor's subcontracts
regarding preparation of, conducting, and the completion and closeout of construction, safety,
and control of site.
All provisions under the heading "STANDARD TERMS AND CONDITIONS" shall survive
termination or completion of this agreement.
VIII. APPROVAL SIGNATURE AND AUTHORIZATION TO PROCEED: Execution of this document in all
required locations shall form the entire Professional Services Agreement between the Client and CEI.
Two copies of this Proposal and Agreement shall be signed by the Client and one copy shall be returned
to CEI.
In the event that the Client issues a notice to proceed to CEI prior to the execution of this contract, the
Client acknowledges that the services rendered by CEI will be in accordance with the terms and
conditions contained in this proposal.
In the event that the client instructs services on the contract/agreement to be on hold for a period greater
than forty -five days, client acknowledges that CEI will not proceed until a new contract between CEI and
the client can be executed.
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This proposal shall become null and void if signatures have not been obtained within forty -five days of
proposal date. If authorization to proceed is not given after the proposal has been executed said
agreement will become null and void within forty -five days of the date of the Client's signature.
The following is the complete client name and address that is responsible for payment of CEI invoices:
Complete Client Name Responsible for payment of invoice (include Inc., LLC, etc.)
Complete mailing address to mail invoice (Street PO Box/ Suite number if needed)
City State Zip Code to mail invoice
Complete Phone Number
Signature, Client Print Name Title Date
Signature, CEI Engineering Associates, Inc. Print Name Title Date
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Project Scope of Services (Exhibit A)
Step 1: Parks and Recreation Inventory and Analysis
Task 1.1: Other Planning Efforts
Includes identification, review and coordination with other current plans and studies having an influence on
parks and recreation facilities and services within the City. This includes other regional and local plans and
reports, and any regulatory and development ordinances in place or being studied. We will also examine
existing transportation and land use plans. The intent of this review is to enable planning for the Parks and
Recreation Master Plan to be consistent with other community goals and objectives.
May 2014
Task 1.2: Physical Setting We will review existing parks, recreation, greenways and open space to identify
and evaluate any changes in the physical factors of the City, including context in the region, general
topography, water resources, climate and /or other factors having a bearing on parks and recreation services.
This includes land within the existing City corporate limits and extra territorial jurisdiction areas. These
factors may include, but are not limited to evaluating the Van Buren area and any GIS data for:
.land use
•significant natural resources (topography, water resources, etc.)
historically significant areas /sites
•existing parks and recreation facilities
unique flora or fauna
.key connectivity opportunities including
o greenway /bikeway systems
o highways and roads
o physical barriers
June 2014
Task 1.3: Urban Growth Dynamics and Population Growth Characteristics
An assessment of historical and projected development patterns (ten (10) year horizon) based upon key
determinants of growth, such as transportation, annexation, residential development trends, existing and
future employment centers, natural attractions, open space preservation and related ordinance and
regulatory mandates, and other factors determined by the City to have an effect on future parks and
recreation in Van Buren. We also anticipate working closely with the Van Buren Planning and Development
Department to help gather data and review growth information.
An assessment of the past, present, and projected population of Van Buren will be undertaken, using
population and economic data, and other available statistics as inventoried and provided by staff. Overall
population growth, school age enrollment patterns and projections, age group dynamics, demographic
changes, sociological information and projections, and other characteristics of the county population will be
documented with regard to the implications for parks and recreation services. Information may also be
broken down by geographic components of the study area when data availability allows.
June 2014
Task 1.4: Facilities and Programs Inventory and Assessment
With assistance and inventory from the Planning Development Department, the team will prepare the list of
existing public facilities and programs. The information will also be identified in map form to illustrate
geographic distribution throughout the City. As part of the inventory and assessment, general fieldwork and
site visits to the City's recreational facilities shall be conducted to determine any changes in the physical
conditions of facilities. Specific elements to be included in this inventory should include:
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•evaluation of City -owned undeveloped land /parkland
review and evaluate implementation of current plans, if any
•facilities and programs offered ages served
•type of facility and accessibility rating to the public (incl. size)
•features and amenities
availability to the public
location (e.g. proximity to users: walking and /or driving radius in mapping format)
•general condition
potential for expansion
•fees associated with participation in program or facility
•general accessibility of programs and facilities to multiple user groups
July- August 2014
Task 1.5: Public Involvement and Community Needs Assessment
This important task will include a series of carefully planned and organized public forums, and a variety of
methods for gather input. The CEI /Alta team implements public input through a holistic approach of data
gathering and personal interactions to asses existing conditions and potential within the park system. Our
team has had tremendous success in public engagement reaching hundreds and even thousands of
participants in communities across NW Arkansas and the country. We understand the difficulties in achieving
attendance at standalone workshops so we use a variety of techniques to ensure more residents participate.
Our multi- faceted approach will include social media, face -to -face interactions, and web -based surveys as
approved by the Planning Development Department. All public input methods will be cross referenced to
capture a snapshot of needs, desires, and concerns within the community.
Our techniques for gathering public input include:
a project website: acting as a clearinghouse for information about the project and progress of the
plan.
a project facebook page: encouraging two -way communication between the City, planning team, and
public.
public open house: an event advertised through the City website, project website, facebook page,
listserves, posters, and other outreach methods
piggy -back events: a public open house "piggy- backed" on existing City event(s) with an established
attendance rate. Potential events will be identified by the City
•informal interviews: qualitative information gathered on -site during field work.
needs analysis survey: a survey compiled by the project team, City, and Parks and Recreation
Advisory Committee that will be completed at public involvement events, online via survey
monkey, and advertised for participation via the project website, facebook page, posters, and
other outreach methods as determined by the City and Parks and Recreation Advisory
Committee.
July- October 2014
Step 2: Recreation Policy Plan
Task 2.1: Goals and Objectives
Based upon the findings in the previous steps we will work with the Planning Development Department to
evaluate existing departmental goals and objectives, as related to the City's parks and recreation facilities.
These departmental goals and objectives will help guide future recreation decisions for the City. Goals and
objectives will be reviewed and approved by the project team and management group before proceeding
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with the planning process. They will help guide the City in setting standards for improvements and can also
serve as checks and balances for future decision making.
July 2014
Task 2.2: Park and Recreation Standards
A summary will be produced of recommended standards for park facilities of various sizes, with
consideration given to the particular physical, economic, and social environment of Van Buren. Included will be standards for park facilities based upon size, service population, facilities, user surveys and /or other
relevant factors to help determine if Van Buren is currently providing the desired level of service for its users
or whether improvements need to be made to meet the desired level of service for its residents.
Comparisons to communities of similar demographics with adequate facilities may be used to help determine
appropriate standards for future needs unique to Van Buren. This information, along with the findings from
the previous tasks and a solid understanding of current recreation service area distribution, will help guide
standard creation. Standards will be compared to those of the National Recreation and Parks Association
(NRPA) and other comparable communities.
August- September 2014
Step 3: Recreation Action Plan
Task 3.1: Overview of Recommended Plan
A summary will be produced to highlight major improvements recommended to meet the City's goals. This
section includes a clear recommendation for prioritization of improvements, park land and open space
acquisition, greenway development and indoor and outdoor facility development, as well as preliminary
budget estimates for capital funding plan development. In addition to the summary, action items shall be
illustrated in map format and presented in digital format that can be utilized by the City. Specific areas which
will be investigated and recommended upon shall include:
renovation and expansion of existing facilities
overview of current special facility and recreation trends
park and open space land acquisition and development
management operations and maintenance required for current and future facilities
•facilities and programming needs for both active and passive recreation
greenway and bikeway opportunities and standards and identification of key connection locations
partnership opportunities
capital improvements for current and proposed facilities
athletic program needs
recreation area and facility evaluation
programming recommendations
•administration and staffing
October November 2014
Task 3.2: Strategic Planning
The CEI /Alta will provide documentation of needed improvements to existing parks and acquisition and
development of new park and recreation facilities and programs proposed over a ten (10) year period in two
(2) year increments. Recommended improvements and expansions will be described in immediate, near
term, and long term needs.
Phasing and Cost evaluation will assist preparing a quick overview of proposed expenditures to help create a
plan for implementation. Information will also be provided for additional financing, funding sources, and
strategies for implementing recommendations presented.
October 2014
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Step 4: Comprehensive Parks and Recreation Plan Update
Task 4.1: Preliminary Report
All major findings, conclusions, and recommendations for the Parks and Recreation Plan shall be brought
together in a preliminary plan. This document will be presented for review and comment. The team will
prepare and present the findings in a creative and clear way with the goal of building a public consensus,
understanding, and support for the Plan.
Step 4.2: Final Master Recreation Plan Report and Presentation
After final review, the CEI /Alta Team will make necessary or desirable changes to the Plan. All elements of
the Plan, as well as a brief overview (executive summary) of the recreation planning process, will be included
in the final report in the most clear and concise way for conveying the Plans primary recommendations.
November December 2014 for Preliminary and Final