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:
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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.
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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