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HomeMy WebLinkAbout96-24 RESOLUTIONr 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 96-24 File Number: 2024-1745 ECOLOGICAL DESIGN GROUP, INC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH ECOLOGICAL DESIGN GROUP, INC. IN AN AMOUNT NOT TO EXCEED $262,000.00 FOR DESIGN SERVICES ASSOCIATED WITH PHASE ONE IMPROVEMENTS TO UNDERWOOD COMMUNITY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Ecological Design Group was selected through RFQ 22-01, Selection 9, to prepare a master plan for Underwood Community Park; and WHEREAS, the master plan has been completed and this contract will provide for construction and bid documents and construction administration necessary for Phase One improvements at the park. NOW, THEREFORE, 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 architectural services agreement with Ecological Design Group, Inc. in an amount not to exceed $262,000.00 to provide design and construction administration services for Phase One improvements to Underwood Community Park, and further approves a project contingency in the amount of $15,000.00. 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 March 5, 2024 Page 1 Attest: ,`' 01111111111 It Owe .T Rp� k*�i FAYETTEVILLE; 9IPkAtA ti'NG 'ON 1, CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 5, 2024 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Ted Jack, Park Planning Superintendent SUBJECT: Underwood Park Phase 1 Improvements Design Contract RECOMMENDATION: 2024-1745 Staff recommends entering into a contract with Ecological Design Group, Inc. to provide design services for Phase One improvements to Underwood Community Park for a fee not to exceed $262,000.00 and to approve a project contingency of $15,000.00 and associated Budget Adjustment. BACKGROUND: Ecological Design Group (EDG) was selected through RFQ 22-01, Selection 9, to prepare a master plan for Underwood Community Park. The master plan has been completed and this contract will continue their work creating the construction and bid documents, and construction administration necessary for phase one improvements at the park. DISCUSSION: Underwood Community Park is a new Community Park serving the Northwest area of the city. The park is undeveloped, except for Clabber Creek multiuse trail and some infrastructure from its prior use as a golf course. The first phase will focus on essential infrastructure including access drive, parking, and restroom to enable greater use of the park along with park amenities such as a playground, pickleball courts and basketball court. BUDGET/STAFF IMPACT: Funds for this contract are available in the Parks Projects Bond Phase II (2022) Fund in project (46050.7570). GLACCOUNT PROJECT 4705.860.7570-5860.02 46050.7570 4705.860.7570-5911.99 46050.7570 TOTAL AMOUNT Notes: $262,000 Design Contract $15,000 Contingency $277,000 ATTACHMENTS: SRF (#3), BA (#4), EDG Underwood Ph1 Contract (#5), Attachment A - Underwood Scope of Services (#6), Attachment B - Exhibit Program (#7), Approved Plan 01.03.24 with Phase 1 (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1745 Underwood Park Phase 1 Improvements Design Contract A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH ECOLOGICAL DESIGN GROUP, INC. IN AN AMOUNT NOT TO EXCEED $262,000.00 FOR DESIGN SERVICES ASSOCIATED WITH PHASE ONE IMPROVEMENTS TO UNDERWOOD COMMUNITY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Ecological Design Group was selected through RFQ 22-01, Selection 9, to prepare a master plan for Underwood Community Park; and WHEREAS, the master plan has been completed and this contract will provide for construction and bid documents and construction administration necessary for Phase One improvements at the park. NOW, THEREFORE, 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 architectural services agreement with Ecological Design Group, Inc. in an amount not to exceed $262,000.00 to provide design and construction administration services for Phase One improvements to Underwood Community Park, and further approves a project contingency in the amount of $15,000.00. 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. Page 1 Ted Jack Submitted By City of Fayetteville Staff Review Form 2024-1745 Item ID 3/5/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/14/2024 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends entering into a contract with Ecological Design Group, Inc. to provide design services for Phase One improvements to Underwood Community Park for a fee not to exceed $262,000.00 and to approve a project contingency of $15,000.00 and associated Budget Adjustment. 4705.860.7570-5860.02 Account Number 46050.7570 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: RFQ 22-01, Selection 9 Budget Impact: Parks Projects 2022 Bonds Fund Underwood Improvements Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 10,787,444.00 $ 2,917,306.82 7,870,137.18 $ 262,000.00 $ 277,000.00 e. 7,88-9,137.18 Previous Ordinance or Resolution # Approval Date: V20221130 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number PARKS &RECREATION (520) /Org2 2024 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends entering into a contract with Ecological Design Group, Inc. to provide design services for Phase One improvements to Underwood Community Park for a fee not to exceed $262,000.00 and to approve a project contingency of $15,000.00 and associated Budget Adjustment. COUNCIL DATE: 3/5/2024 ITEM ID#: 2024-1745 Nolly Black 217g1202q 70:07 RIn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2024116 Account Name 4705.860.7570-5860.02 262,000 - 46050 7570 EX Capital Prof Svcs - Engineering/Architecture 4705.860.7570-5911.99 4705.860.7999-5899.00 15,000 - (277,000) - 46050 46050 7570 EX 7999 EX Contingency - Capital Project Unallocated - Budget I of 1 AGREEMENT For PROFESSIONAL ARCHITECTURAL SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And ECOLOGICAL DESIGN GROUP, INC. THIS AGREEMENT is made as of March 5 , 2024, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and ECOLOGICAL DESIGN GROUP, INC (hereinafter called EDG). CITY OF FAYETTEVILLE from time to time requires professional engineering and landscape architectural services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and EDG in consideration of their mutual covenants agree as follows: EDG shall serve as CITY OF FAYETTEVILLE's professional engineer and landscape architectural consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of EDG's services. All services shall be performed under the direction of a professional architect/engineer/landscape architect 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 EDG. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of EDG. 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 EDG 2.1 Perform professional services in connection with the Project, as hereinafter stated, which shall include normal engineering, landscape architecture, and surveying services. 2.1.1 The Scope of Services furnished by EDG during the Project is included in the January 31, 2024 Proposal from EDG, attached hereto as Attachment A, and made part of this Agreement. 2.2 EDG shall coordinate their activities and services with the CITY OF FAYETTEVILLE. EDG and CITY OF FAYETTEVILLE agree that EDG has full responsibility for the services. 2.3 EDG shall coordinate their activities and services so that future phases of work or considered. Underwood Park Phase One Design Services 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 EDG. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist EDG by placing at EDG's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist EDG in obtaining access to property reasonably necessary for EDG to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by EDG and render in writing decisions pertaining thereto. 3.1.5 The Park Planning Superintendent is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Park Planning Superintendent 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 EDG in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 Time is of the essence in this agreement and 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. EDG 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. SECTION 5 - PAYMENTS TO EDG 5.1 The maximum not -to -exceed amount authorized for this Agreement is $262,000.00 including approved expenses. The CITY OF FAYETTEVILLE shall compensate EDG based on the percent of work completed as described in Attachment A — Scope of Services. 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 EDG'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 EDG 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 Underwood Park Phase One Design Services 2 accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the services 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 EDG'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 EDG 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, EDG 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 EDG 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 EDG 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, EDG will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim EDG 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. Underwood Park Phase One Design Services 3 6.1.2 CITY OF FAYETTEVILLE and EDG 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 EDG's services. 6.2 Professional Responsibility 6.2.1 EDG will exercise reasonable skill, care, and diligence in the performance of EDG's services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to EDG any defects or suspected defects in EDG's services of which CITY OF FAYETTEVILLE becomes aware, so that EDG 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 EDG. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by EDG relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on EDG's staff experience, qualifications, and judgment as a design professional. Since EDG 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, EDG does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by EDG. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of EDG'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 EDG. 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. Underwood Park Phase One Design Services 0 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that EDG 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 EDG at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of EDG's default. 6.5.4 If termination for default is effected by EDG, 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 EDG for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by EDG 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, EDG 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 EDG in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of EDG to fulfill contractual obligations, it is determined that EDG 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 EDG are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond EDG's reasonable control, EDG shall be entitled to additional compensation and time for reasonable costs incurred by EDG in temporarily closing down or delaying the Project. Underwood Park Phase One Design Services 5 6.7 Rights and Benefits 6.7.1 EDG'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 EDG 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 EDG 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 EDG 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 EDG 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 EDG 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 EDG for services rendered by EDG. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of EDG's employees and the importance of EDG's public relations, EDG may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to EDG'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 EDG CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information Underwood Park Phase One Design Services from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of EDG's activities pertaining to any such publication shall be for EDG'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 EDG 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. EDG 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 EDG as part of the Services shall become the property of CITY OF FAYETTEVILLE when EDG has been compensated for all Services rendered, provided, however, that EDG shall have the unrestricted right to their use. EDG shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of EDG. EDG shall provide usable cad files of survey and layout work. The city shall hold EDG harmless from any use of those cad files by the city for work not associated with EDG. 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. EDG 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 EDG's address: EDG 120 South Izard Street Little Rock, AR 72201 6.14 Successor and Assigns Underwood Park Phase One Design Services VA 6.14.1 CITY OF FAYETTEVILLE and EDG 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 EDG 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 within Washington County without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between EDG 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 EDG a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by EDG, 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 EDG 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 EDG 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 EDG shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by EDG'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 EDG's obligations under this clause are in addition to EDG'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 EDG 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 EDG arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Underwood Park Phase One Design Services 7.3 Audit: Access to Records 7.3.1 EDG 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. EDG shall also maintain the financial information and data used by EDG 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. EDG will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub -agreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to sub -agreement performance, excluding any financial records of EDG; 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 sub -agreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 EDG 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 EDG 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. Underwood Park Phase One Design Services C 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that EDG or any of EDG'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 EDG 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 EDG as it could pursue in the event of a breach of the Agreement by EDG 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 EDG 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, EDG 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 EDG, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY;OF F YETTEVILLE, RKANSAS By: Mavoneld Jordan ATTEST: By:,e'.&o 10PJ!!C City Clerk Treasurer, Kara END OF AGREE Underwood Park Phase One Design Services ECOLOGICAL DESIGN GROUP, INC. By: /L-'l A,.-,r, ' Martin Smith - Principal EDG ONAL ENGINEERING SERVICES 10 Attachment A - Scope of Services A0P January 31, 2024 Ted Jack, PLA, ASLA Park Planning Superintendent Parks, Natural Resources and Cultural Affairs City of Fayetteville, Arkansas 479.444.3469 tiack@fayetteville-ar.gov Re: Underwood Park — Phase One — Schematic Design — Construction Administration Dear Ted, Please find the following proposal for professional landscape architectural and civil engineering services regarding the above -mentioned project for the City of Fayetteville. The scope of work shall be based on the master plan, park staff input, and phase one exhibit/program as attached. SCOPE OF SERVICES The purpose of the services proposed herein is to provide Schematic Design, Design Development Documents, Construction Documents, Bid Services, and Construction Administration. In addition, the following services are included as allowances for each: Existing Conditions & Boundary Survey (Phase One Only), Wetland Delineation (Up to Entire Site) + USACE permitting (If Required), Hec-ras modeling as required by the City of Fayetteville to assure no modifications to the floodplain. Basic services for phase one shall include but not be limited to: Entry drive parking and lighting, accessible sidewalks, Denali CXT Restroom, utility infrastructure (Water, Sewer, Electric), Earthwork and Storm Drainage, Landscape and Irrigation design, Pickleball & Basketball Courts, playground, Signage, Site furnishings, Maintenance and Improvements for existing infrastructure, Cost Estimating, Specifications, Management Plan. The playground will be a major feature of the design and is to follow a "natural theme" and be different than other COF Community Park playgrounds. The playground shall meet relevant playground standards. BASIC SERVICES Landscape Architecture & Civil Engineering TASK A: Schematic Design (30 business days + 2 weeks of city review) 1. Virtual coordination meetings as required, including up to (2) design/owner coordination meetings in Fayetteville Arkansas. 2. Coordination with all sub -consultants regarding their scope of work. Ecological Design Group, Inc. 1 120 South Izard Street, Little Rock, AR 72201 1 www.ecologicaldg.com 3. Prepare Schematic Design Drawings that address all phase one program elements, indicating the expected materials of major site elements and provide information on major equipment/furnishings. 4. Schematic Design Submission for review (plan set + illustrations/views). 5. Site Plan, Grading and Drainage Plan, Utility Plan, Planting Plan (Note: Utility Plan will encompass identifying likely routing for utility infrastructure for future phases.) 6. Opinion of probable cost. 7. Schedule: Schematic Design shall be completed 30 business days after receipt of an acceptable existing conditions and boundary survey. City review shall include 10 business days 8. The Schematic Design Package shall be delivered to the COF for review and comments/modifications. The City shall provide their comments in writing for EDG to incorporate into the next phase of work. Attendance of a city preliminary design review with planning departments shall be included at the conclusion of this task. TASK B: Design Development Drawings (60 business days + 2 weeks of city review) Based on the approved Schematic Design Drawings and Client Comments, EDG will perform the following design development tasks: 1. Virtual coordination meetings as required, including up to (2) design/owner coordination meetings in Fayetteville Arkansas. 2. Prepare landscape architectural and civil engineering design development documents including all phase one elements incorporating city comments/modifications. Provide a list of all major materials such as surfacing, site furnishings, playground equipment, and pavilions. Cutsheets shall be provided for all manufactured materials/furnishings. 3. Prepare preliminary sitework and utility detail sheets for all landscape and civil engineering elements. Prepare an estimate of cut and fill on the site with specifications regarding imported materials. 4. Prepare a planting plan. 5. Coordination with local utility providers, including regulatory agencies as required for utility infrastructure improvements. 6. Coordinate with subconsultants: structural engineer, electrical engineer, and other sub - consultants including, site lighting, CXT vendor, and hec-ras modeling. 7. Prepare outline of site related technical specifications for coordination with other disciplines. 8. Design Development Drawing package submission. 9. Update the Opinion of Probable Cost with additional details gained in this task, including quantities and unit cost for each. TASK D: Construction Documents (90 business days + 4 weeks of city review *nclud'e^^ C mc-6' Based on the approved Design Development Design Drawings and Client Comments, EDG will perform the following construction document tasks: 1. Virtual coordination meetings as required, including up to (2) design/owner coordination meetings in Fayetteville, Arkansas. Ecological Design Group, Inc. 1 120 South Izard Street, Little Rock, AR 72201 1 www.ecologicaldg.com 2. Prepare landscape architectural and civil engineering construction documents including all phase one elements. 3. Prepare construction site work details including sections, elevations, and plan details. 4. Prepare a planting plan (including soil design, planting details and irrigation plan). 5. Provide 50% and 90% site construction drawings for review including, but not limited to the following: a. Site Demolition Plans b. Site Erosion Control and Tree Protection Plans c. Site Layout Plans d. Site Utility Plans e. Site Electrical Plan f. Site Grading and Drainage Plans including cut and fill related to the floodplain. • Stormwater control plans and calculations. g. Sitework Details h. Planting Plan, Soil Design, Plant Legend, Details & Notes i. Irrigation Plan & Details j. Site Furnishings and Signage Schedule k. CXT Denali Restroom plans 6. Provide stamped site construction drawings including, but not limited to the above -mentioned drawings. 7. Provide technical specifications for phase one elements at 50% & 90% completion. 8. Submit Construction Documents to the City of Fayetteville for Grading and utility Permits Review, address city comments, and resubmit drawings, as necessary. 9. Prepare a draft bid tab including deductive alternatives. TASK E: Large Scale Development Submission (Completed within Task D Timeline) EDG will perform the following tasks to seek approval from the City of Fayetteville and other jurisdictional agencies to begin construction of the project. 1. Attend pre -submittal review meeting with the City of Fayetteville staff. 2. Submit 50% Construction Drawings as prepared during Task D to the City of Fayetteville in accordance with Large Site Improvement Plan approval process outlined in the City's subdivision code of ordinances. This includes the preparation of the following additional information beyond the construction drawings prepared in Task D: a. Stamped Drainage Report and associated calculations. b. Preparation of the Large Site Improvement Application and associated documentation for submittal. c. Additional drawings required by the City that are not included in the Construction Drawings. 3. Revise and edit the drawings and specifications as required based on comments received by the City of Fayetteville from the Planning Department. 4. Submit revised drawings and specifications to the City of Fayetteville Planning Department. 5. Assist the Client in preparation of the building permit application; and Ecological Design Group, Inc. 1 120 South Izard Street, Little Rock, AR 72201 1 www.ecologicaldg.com 6. Submit the Construction Drawings and specifications for the proposed water and sewer system improvements along with design calculations to the Arkansas Department of Health (ADH) for review and approval. TASK F: Bidding and Negotiations EDG to assist the City of Fayetteville in preparation of the Bid Package and Bidding of the Project, leading a pre -bid meeting, answering bidder's questions, and any work to support addendums if needed. TASK G: Construction Administration + Project Inspections (Approximately 12 months) Perform Construction Administration including: 1. Organize and lead a pre -construction meeting with COF and Contractor/Subcontractor staff. 2. Monthly OAC meetings to review construction progress including, but not limited to: 3. RFI Tracking and Responses. 4. Submittal Log Schedule. 5. Submittal Reviews. 6. Shop Drawing Reviews. 7. Pay Application Review; and a. Site visits as required to confirm compliance with construction documents, resolve infield conflicts with design intent, photo documentation of all elements of construction. b. Perform required inspections of public infrastructure scope as required by the City of Fayetteville as role of Engineer of Record (EOR). The FOR is required to schedule all inspections with the city engineering department and have a representative at said inspections. c. Prepare as -built documents using as -built data provided by the contractor and surveyor as required by the City of Fayetteville to obtain a Certificate of Occupancy. d. Schedule and Facilitate the Site Final Inspection with the City of Fayetteville. e. Prepare Civil Engineering as -built documents as required by the City of Fayetteville to obtain a Certificate of Occupancy. REMUNERATION Landscape Architecture + Civil Engineering Basic Services We propose to perform Basic Services work described above based on a lump sum fee as indicated below. The fee is based on 8% of the budgeted construction cost of $2,400,000 and shall be adjusted accordingly if increased or decreased. TASK A: Schematic Design $19,200.00 TASK B: Design Development Drawings $42,000.00 TASK C: Construction Documents $74,800.00 TASK D: Large Scale Development Submission $12,600.00 TASK E: Bidding and Negotiations $ 2,400.00 TASK D: Construction Administration + Project Inspections $41,000.00 Total LA + CIVIL Basic Services $192,000.00 Ecological Design Group, Inc. 1 120 South Izard Street, Little Rock, AR 72201 1 www.ecologicaldg.com The following are allowances for documentation required for preparation of construction documents and/or permitting required for construction of the project. Sub consultant invoices will be issued for reimbursement and not to exceed the following: ALLOWANCE NO.1: Existing Conditions and Boundary Survey $20,000.00 ALLOWANCE NO.2: Wetland Delineation + USACE Permit if Required $15,000.00 ALLOWANCE NO.3: Hec-Ras Modeling to assure no impact $25,000.00 ALLOWANCE NOA: Geotechnical Report $ 5,000.00 REIMBURSABLE EXPENSES: See Item A below $ 5.000.00 Allowance Total Not to Exceed $70,000.00 Total LA + Civil Basic Services + Allowances not to exceed $262,000.00 A. Reimbursable Expenses: The Client shall, in addition to payment of the fee, reimburse the Consultant for expenditures made for such items as, surveys, drawings and reports necessary to conduct the work and not otherwise furnished by the Client; computer plots; reproductions; prints; postage; mileage (IRS standard mileage rate) Reimbursable expenses will be billed at 1.0 times direct cost. We thank you for the opportunity to submit this proposal and look forward to working with you on this exciting project. Your signature in the space provided on this proposal, returned to us, will indicate Agreement and permit us to proceed with the work as directed. Respectfully submitted, ECOLOGICAL DESIGN GROUP,INC. Martin L. Smith, PLA Brahm Driver, P.E. End of Scope of Services. See City of Fayetteville Contract for additional information. Ecological Design Group, Inc. 1 120 South Izard Street, Little Rock, AR 72201 1 www.ecologicaldg.com Attachment B Underwood Community Park Phase 1 Exhibit/Program Park Planning - 1/31/2024 Note: The program elements defined below are preliminary and may need to be changed based on information discovered in the design process. The preliminary cost estimates will be refined in the design process and are not meant to set budgets for each line item, but meant to provide a rough estimate of how to prioritize the design work. Item QtV Unit Costs 1 Mobilization, Bonds, Insurance 1 LS $75,000 $75,000 2 Entry Drive and Parking 48,000 SF $10 $480,000 3 Drive and Parking Lighting 14 Pole $4,000 $56,000 4 Parking Stormwater Features/Landscaping 1 LS $125,000 $125,000 5 Dean to Hub Area Sidewalks 1,480 LF $75 $111,000 6 Walk along Dean Solomon 225 LF $110 $24,750 7 CXT Denali Restroom & Sewer 1 LS $145,000 $145,000 8 Electrical Infrastructure 1 LS $35,000 $35,000 9 Berms / Grading 1 LS $50,000 $50,000 10 Drainage 1 LS $110,000 $110,000 11 Hub Entry area enhancements / sitting 1 LS $20,750 $20,750 12 Pickleball/Basketball (no lights) 11,200 sf $25 $280,000 13 Playground 1 LS $500,000 $500,000 14 Picnic Area with Small Pavilion (s) (-16'x24') 1 LS $125,000 $125,000 15 Trees/Landscaping (not parking) 1 LS $35,000 $35,000 16 Cameras/IT 1 LS $15,000 $15,000 17 Phase One Open Space (Mowing) 1 LS $2,500 $2,500 18 Signage 1 LS $20,000 $20,000 19 Benches/Trash Cans 1 LS $30,000 $30,000 20 Work on existing trails/bridges 1 LS $110,000 $110,000 21 Miscellaneous 1 LS $50,000 $50,000 Estimated Construction Costs $2,400,000 Planning/Design/CA (not to exceed) $262,000 Estimated Project Costs $2,662,000 NWALT 1 9 3 Clabber Creek I r park boundary T , 14 / 3 _ • ,4 y0 a� ��eaQ • �`` • . � reconnected 5 creek meander a • 8 0000 restored Wetland A 5 wet Prairie 19 13 I y � , I 29 3 rr 1 " = 300' C1a�_er creek I Mutli-Use Trail 1 26 ( �� 1 �• 6 36 sPa�es - j 15 17, t NWALT 11 66 spares 2 wet prairie 10 21 _ 3 0 .7 � ` 30 F e wetland - 1 9 9 1 20 _ F' 9 12 4 / 17 24 �� 6 Y Q w expanded lake 18 3 �5 16 restored wetland 5 28 1 . UNDERWOOD PARK 16 VISION PLAN PROGRAM 1 lature Trails 2 Alayground q Walking /Jogging Paths 4 Open Multi -Use Green Space ek WlEcological Restoration Areas abberCr 6 trance + Parking 7 ckleball Courts Aletland g 11 Boardwalk g eek Play Access 10 lashpad vilion + Rest Rooms (RR) *11,Do g Park Mishing Piers bisc 14 Golf (Partial) 15Entry Plaza + Picnic Area 16 Kayak + Paddle Board Access 17 lity Planted + Cared for Gardens (111janlarged Pond 1g Bird Watching Wildlife Blind o Art Infused Bridge 21 Food Truck Court Hammock Pole Area 23 Basketball Court 4 Performance Space + RR 5 ake Deck 26 uffer Area 27 Possible Lake Access g Historic Interpretation Area 9 ossible Access Points o fitting / Social Area