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HomeMy WebLinkAbout113-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 113-24 File Number: 2024-1825 MCCLELLAND CONSULTING ENGINEERS, INC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ 24-01, SELECTION #6, IN AN AMOUNT NOT TO EXCEED $183,285.00 FOR DESIGN SERVICES ASSOCIATED WITH PHASE ONE IMPROVEMENTS TO BRYCE DAVIS COMMUNITY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 contract with McClelland Consulting Engineers, Inc., pursuant to RFQ 24-01 Selection #6, in an amount not to exceed $183,285.00 to provide design services for Phase One improvements to Bryce Davis Community Park, and further approves a project contingency in the amount of $10,000.00. 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 April 2, 2024 Page 1 CITY OF FAYETTEVILLE rlt� ARKANSAS MEETING OF APRIL 2, 2024 CITY COUNCIL MEMO 2024-1825 TO: Mayor Jordan and City Council THRU: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent Susan Norton, Chief of Staff FROM: Zach Foster, Park Planner II SUBJECT: Bryce Davis Park Phase One Improvements Design Contract RECOMMENDATION: Staff recommends entering a contract with McClelland Consulting Engineers, Inc. to provide design services for Phase One improvements to Bryce Davis Community Park for a fee not to exceed $183,285.00 and to approve a project contingency of $10,000 and associated Budget Adjustment. BACKGROUND: A master plan update for Bryce Davis Community Park was completed in 2023. The master plan update was approved by the Parks Board on October 2, 2023. DISCUSSION: McClelland was selected through RFQ 24-01, Selection #6 to perform design services for Bryce Davis Park. This vendor will provide the construction documents, bid documents, and perform construction administration necessary for phase one improvements. Phase one improvements are expected to include a paved trail connection to Crooked Stick Dr, improvements to the existing dog park, playground, and basketball courts, a new restroom near the dog park, signage, and other general park improvements. BUDGET/STAFF IMPACT: Funds for this contract are available in the Parks Projects Bond Phase 11 (2022) Fund in project (46050.7580.5860.02). GLACCOUNT PROJECT AMOUNT Notes: 4705.860.7580- 5860.02 46050.7580 $183,285.00 Design Contract 4705.860.7580- 5911.99 46050.7580 $10,000.00 Contingency $193,285.00 TOTAL ATTACHMENTS: SRF (#3), BA (#4), Bryce Davis Master Plan 10-2-2023 (11x17) PRAB Approved (#5), Contract - Bryce Davis Ph1 Design MCE (MCE Signed) (#6), Appendix A- Bryce Davis Park - Phase I Improvements REVISED 3.12.24 (#7) Page 1 Resolution: 113-24 File Number: 2024-1825 Page 2 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1825 Bryce Davis Park Phase One Improvements Design Contract A RESOLUTION TO APPROVE A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ 24-01, SELECTION #6, IN AN AMOUNT NOT TO EXCEED $183,285.00 FOR DESIGN SERVICES ASSOCIATED WITH PHASE ONE IMPROVEMENTS TO BRYCE DAVIS COMMUNITY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 contract with McClelland Consulting Engineers, Inc., pursuant to RFQ 24-01 Selection #6, in an amount not to exceed $183,285.00 to provide design services for Phase One improvements to Bryce Davis Community Park, and further approves a project contingency in the amount of $10,000.00. 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 Zach Foster Submitted By City of Fayetteville Staff Review Form 2024-1825 Item ID 4/2/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/14/2024 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends entering a contract with McClelland Consulting Engineers, Inc. to provide design services for Phase One improvements to Bryce Davis Park for a fee not to exceed $183,285 and to approve a project contingency of $10,000 and associated Budget Adjustment. Budget Impact: 4705.860.7580-5860.02 Parks Projects 2022 Bonds Account Number Fund 46050.7580 Park Projects (2019/2022 Bonds) - Bryce Davis 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: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 5,000.00 Is 5,000.00 $ 183,285.00 $ 188,285.00 10,000.00 V20221130 Previous Ordinance or Resolution # 2022-0935 Approval Date: 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 a contract with McClelland Consulting Engineers, Inc. to provide design services for Phase One improvements to Bryce Davis Community Park for a fee not to exceed $183,285.00 and to approve a project contingency of $10,000 and associated Budget Adjustment. COUNCIL DATE: 4/2/2024 ITEM ID#: 2024-1825 Holly Black 317g12024 70:77 Rln 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.2024222 Account Name 4705.860.7580-5860.02 183,285 - 46050 7580 EX Capital Prof Svcs - Engineering/Architecture 4705.860.7580-5911.99 4705.860.7999-5899.00 5,000 - (188,285) - 46050 46050 7580 EX 7999 EX Contingency - Capital Project Unallocated - Budget I of 1 Crafton Tull a o NL� ill I CITY OF FAYETTEVILLE ARKANSAS ENLARGED LAKE O N J IAMS DOG PARK R "t Yr A THE LINKS ` APARTMENTS Nil KEY O CREEKSIDE SEATING © HARD SURFACE TRAIL © BRIDGE O SOFT SURFACE TRAIL O FISHING PIER O FUTURE TRAIL TO HAMESTRING CREEK OG PICNIC GATHERING O WETLAND BOARDWALK O NATURE PLAYGROUND O RESTROOM O ARBORETUM & EDUCATIONAL SIGNAGE O WIDEN PATH O EXISTING PAVILION O COVERED SEATING O DOG WASH STATION © IMPROVE DRAINAGE © PAVILIONS Bryce Davis Park Master Plan October 2, 2023 +/- 26 Acres rs4aa ,.: l _ 9 ` j s HARVARD ST W PRINCETON ST W CORNELL DR Adopted by Parks and Recreation Advisory Board on October 2, 2023 ® REALIGN FENCE ART SEATING & BIKE REPAIR STATION O EXISTING RESTROOM © WAYFINDING SIGNAGE O OBSERVATION DECK 0 REHABILITATE EX STRUCTURE &ADD EDUCATIONAL SIGNAGE PARK BENCHES OW EXISTING PLAY STRUCTURES 0 REFRESH EX BASKETBALL COURTS PICNIC TABLE & GRILL O RESTRIPE EX PARALLEL PARKING O FUTURE PLAYS HAMMOCKS PAVILION/ PLAZA O ENTRY FEATURE EXISTING VEGETATION O SHADE SAILS ® PARK SIGNAGE um EXISTING PARKING © REPLACE EX FENCE GRAPHIC SCALE IN FEET AGREEMENT For PROFESSIONAL DESIGN SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And MCCLELLAND CONSULTING ENGINEERS, INC. THIS AGREEMENT is made as of April 2nd , 2024, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and McCLELLAND CONSULTING ENGINEERS, INC (hereinafter called MCE). 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 MCE in consideration of their mutual covenants agree as follows: MCE 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 MCE'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 MCE. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of MCE. 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 MCE 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 MCE during the Project is included in the March 12, 2024 Proposal from MCE, attached hereto as Attachment A, and made part of this Agreement. 2.2 MCE shall coordinate their activities and services with the CITY OF FAYETTEVILLE. MCE and CITY OF FAYETTEVILLE agree that MCE has full responsibility for the services. 2.3 MCE shall coordinate their activities and services so that future phases of work or considered. Bryce Davis 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 MCE. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist MCE by placing at MCE's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist MCE in obtaining access to property reasonably necessary for MCE to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by MCE 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 MCE 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. MCE 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 MCE 5.1 The maximum not -to -exceed amount authorized for this Agreement is $183,285.00 including approved expenses. The CITY OF FAYETTEVILLE shall compensate MCE 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 MCE'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 MCE 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 Bryce Davis 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 MCE'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 MCE 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, MCE 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 MCE 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 MCE 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, MCE 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 MCE 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. Bryce Davis Park Phase One Design Services 3 6.1.2 CITY OF FAYETTEVILLE and MCE 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 MCE's services. 6.2 Professional Responsibility 6.2.1 MCE will exercise reasonable skill, care, and diligence in the performance of MCE's services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to MCE any defects or suspected defects in MCE's services of which CITY OF FAYETTEVILLE becomes aware, so that MCE 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 MCE. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by MCE relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MCE's staff experience, qualifications, and judgment as a design professional. Since MCE 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, MCE does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by MCE. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of MCE'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 MCE. 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. Bryce Davis 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 MCE 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 MCE at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of MCE's default. 6.5.4 If termination for default is effected by MCE, 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 MCE for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by MCE 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, MCE 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 MCE 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 MCE to fulfill contractual obligations, it is determined that MCE 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 MCE are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond MCE's reasonable control, MCE shall be entitled to additional compensation and time for reasonable costs incurred by MCE in temporarily closing down or delaying the Project. Bryce Davis Park Phase One Design Services 5 6.7 Rights and Benefits 6.7.1 MCE'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 MCE 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 MCE 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 MCE 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 MCE 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 MCE 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 MCE for services rendered by MCE. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of MCE's employees and the importance of MCE's public relations, MCE may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to MCE'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 MCE CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information Bryce Davis Park Phase One Design Services from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of MCE's activities pertaining to any such publication shall be for MCE'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 MCE 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. MCE 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 MCE as part of the Services shall become the property of CITY OF FAYETTEVILLE when MCE has been compensated for all Services rendered, provided, however, that MCE shall have the unrestricted right to their use. MCE 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 MCE. MCE shall provide usable cad files of survey and layout work. The city shall hold MCE harmless from any use of those cad files by the city for work not associated with MCE. 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. MCE 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 MCE's address: McClelland Consulting Engineers, Inc. 1580 East Stearns Street Fayetteville, AR 72703 6.14 Successor and Assigns Bryce Davis Park Phase One Design Services VA 6.14.1 CITY OF FAYETTEVILLE and MCE 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 MCE 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 MCE 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 MCE a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by MCE, 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 MCE 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 MCE 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 MCE shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by MCE'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 MCE's obligations under this clause are in addition to MCE'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 MCE 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 MCE arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Bryce Davis Park Phase One Design Services 7.3 Audit: Access to Records 7.3.1 MCE 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. MCE shall also maintain the financial information and data used by MCE 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. MCE 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 MCE; 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 MCE 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 MCE 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. Bryce Davis Park Phase One Design Services C 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that MCE or any of MCE'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 MCE 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 MCE as it could pursue in the event of a breach of the Agreement by MCE 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 MCE 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, MCE 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 MCE, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYFJITEVILLE, A4I,KANSAS McCLELLAND CONSULTING ENGINEERS, INC. By : B Mayo , Lioneld Jorda ���������� Chris Baku I•TRfgs�� ' MCE —Land Development Department Head ATTEST: FAYE�cV11-�� By: •�� Title: City Clerk Treasurer, Kara 9n q CY, . RKIv AN END OF AGREEfVfa�i'��OFESSIONAL ENGINEERING SERVICES Bryce Davis Park Phase One Design Services In McCLELLAND 1580 E. Sterns St. N"CECONSULTING Fayetteville, AR -9241 479-443-2377/Fax 479-443-9241 ENGINEERS, INC. www.mce.us.com March 12, 2024 Zach Foster City of Fayetteville Parks, Natural Resources, and Cultural Affairs 1455 S Happy Hollow Rd Fayetteville, AR 72701 RE: Byrce Davis Park Phase I Design Mr. Foster, McClelland Consulting Engineers, Inc. is pleased to provide this proposal for landscape architecture and civil engineering services associated with Byrce Davis Park in Fayetteville, Arkansas. The project will consist of, but not limited to, adding additional trails, sidewalks, bridges, a premanufactured restroom building, dog park improvements including realigning the fence, concrete pad, pavilions, and a dog washing station, shade structures, benches, and pavilion at the playground, restriping for the basketball court and parking on N Dartmouth Ave, rehabilitation for the wetland structure, lighting for the east -west trail, drainage improvements near the dog park, and wayfinding signage (items highlighted on Exhibit `A'). Additional items beyond this scope may be considered as additional services. The scope of this proposal is to create and provide the construction drawings and bid documents including technical specifications for the project, including site planning, site grading, and utility planning. Construction drawings will be designed using the site survey completed by MCE. In addition to the construction drawings, civil/site permitting with the authorities having jurisdiction is included within the scope. Scoae of Services I. Topographic Survey MCE will complete a detailed topographic survey within the limits of the subject parcels (Exhibit `A'). Details shown include, but are not limited to: contours at 1' intervals, spot elevations, building corners, FFEs, threshold locations, trees over 6" DBH or larger, existing site features (walls, concrete, roads, curbs, fences, signs, etc.) flood zones, streamside buffers, flowlines, utility poles and pedestals, structures, roads, sidewalks, storm water infrastructure, water mains, sanitary sewer manholes, and utility marks provided by a utility location service. The property lines of the parcel will be shown only on the topographic survey. This scope does not include a separate boundary survey of the property. Any areas of design not surveyed will use LIDAR surfacing and aerials as the basis for design. Fee........................................................................................................................ $16,750.00 II. Property Line Adjustment MCE shall complete a lot line adjustment between Washington County parcels 765-13650-001 and 765- 13650-000. The lot line adjustment survey shall meet the City of Fayetteville requirements for lot line adjustments and the Arkansas Standards of Practice for Property Boundary Surveys and Plats revised May 21, 2009 and currently in effect. The lot line adjustment survey will be submitted to the City of Fayetteville for administrate review. A boundary and or topographic survey for the adjoining Links property is not included in this scope. Fee........................................................................................................................ $4,765.00 City of Fayetteville Bryce Davis Park — Phase I Page 1 of 5 McCLELLAND 1580 E. Sterns St. M"CECONSULTING Fayetteville, AR -9241 479-443-2377/Fax 479-443-9241 ENGINEERS, INC. www.mce.us.com III. Schematic Design During the Schematic Design phase, MCE will use the city's masterplan to refine the schematic design based upon the topographical survey, input from the City of Fayetteville, budgetary, and jurisdictional restrictions. MCE will provide an Opinion of Probable Cost at the completion of this phase. This set of schematic design plans will be submitted to the City of Fayetteville and returned to MCE with comments to be used during the Design Development phase. Fee........................................................................................................................ $13,085.00 IV. Design Development At the Design Development phase, MCE will further refine the schematic design drawings. In addition to the on -going site plan refinement, deliverables will include preliminary grading and utility plans. The DD phase will also include a list of major materials to be used in the project such as surfacing, site furnishings, playground equipment, and pavilions. Cutsheets of all materials and furnishings shall be provided for review. Coordination with any subconsultants and restroom vendors shall begin with the DD phase. MCE will update the Opinion of Probable Cost at the completion of this phase and will include anticipated unit costs and quantities. This set of design development plans will be submitted to the City of Fayetteville and returned to MCE with comments to be used during the Construction Document phase. Fee........................................................................................................................ $19,565.00 V. Construction Documents MCE shall prepare and submit construction drawings, reports, and applications to the City of Fayetteville as required of the grading permit process. City review comments will be addressed at each interval of the City's Development Process, which should at minimum be 50% of CD's and once complete prior to bidding. Construction Drawings: Construction drawing set to include: • Cover sheet • Site Plan • Demolition Plan • Site Analysis Plan • Grading and Drainage Plan • Erosion Control Plan • Utility Plan • Landscape Plan • Lighting Plan • Applicable Detail Sheets Drainage Design and Report: MCE shall complete the drainage design and reporting as prescribed by city code. Storm Water Pollution Prevention Plan (SWPPP): MCE shall prepare the SWPPP document required for the project, and shall coordinate the Notice of Intent and Notice of Termination with the client and the client's contractor. City of Fayetteville Bryce Davis Park — Phase I Page 2 of 5 McCLELLAND 1580 E. Sterns St. N"CECONSULTING Fayetteville, AR -9241 479-443-2377/Fax 479-443-9241 ENGINEERS, INC. www.mce.us.com Technical Specifications: As part of the construction document package provided to the client, MCE shall provide site specifications to the client for contractor use during construction. Opinion of Probable Cost (OPC): MCE will provide a final OPC at the completion of the construction documents, and provide it to the owner. Utility Coordination: Coordination with the water and sewer departments for private utility services and connections will be provided. Additionally, MCE will coordinate electric services with the utility provider for the trail lighting. Fee........................................................................................................................ $27,835.00 VI. Largescale Development Permitting If required, MCE will provide project coordination beyond the administrative review/grading permit process. Additional items would include (3) additional development services submittals and representation at the Tech Plat, Subdivision Committee, and Planning Commission meetings. Fee........................................................................................................................ $7,650.00 VII. Letter of Map Revision (LOMR) MCE shall prepare and submit drawings, reports, and applications to the City of Fayetteville and FEMA as required for the three bridge crossing locations. MCE will coordinate with the City of Fayetteville Flood Plain Management Department on specific locations, elevations, bridge style, and abutment placement. Fee........................................................................................................................ $33,750.00 Vill. Bidding and Negotiation Services MCE shall complete the following bidding services once construction documents are complete and approved by all regulatory agencies: • Provide material takeoff for bidding purposes and include quantities in a bid tab • Conduct a pre -bid meeting with prospective contractors • Assist owner with bid RFI's • Create certified bid tabulation and documentation once bids are received • Recommend qualified contractors based on experience and bid amount • Assist owner with a site/civil pre -construction meeting Note that there shall be two individual bid packages during this phase; one for the site/civil scope of work, and a second for the pedestrian bridges. Fee.......................................................................................................................... $6,385.00 IX. Services During Construction MCE shall facilitate project communication and maintain project records during the construction administration phase. Tasks associated with the phase may include the following: • Review of all related shop drawings City of Fayetteville Bryce Davis Park — Phase I Page 3 of 5 McCLELLAND 1580 E. Sterns St. CONSULTING Fayetteville, AR 72703 479-443-2377/Fax 479-443-9241-9241 • ffl"CE� ENGINEERS, INC. www.mce.us.com • Review and approval of submittals • Respond to RFI's • OAC Meetings • On -site meetings (after construction permit has been obtained) On -site construction observation and travel as requested, or required, by the City of Fayetteville shall be billed at the current hourly rates at the time the service is provided. Inspection is required for all public drainage and utilities, and for all private drainage improvements. Project close out shall include all items necessary to facilitate construction and to obtain the final Certificate of Occupancy. These items may include the following: • Conduct field visits during construction • Public improvements inspection and punch list • Record drawings • Engineer and surveyor certification • Elevations certification Fee.......................................................................................... Hourly, not to exceed $51,000.00 X. Reimbursable Expenses • Review and permit fees (City of Fayetteville, Arkansas Department of Environmental Quality, Arkansas Department of Health, FEMA, etc.) • Mileage • Miscellaneous reimbursable charges such as printing, color printing, postage Fee.......................................................................................................................... $2,500.00 Total Project Fee (including hourly phase)...................................................$183,285.00 Responsibility of the Client to provide the following: • Notice to proceed • Payment within 30 calendar days of receipt of invoice Additional Services In addition to the services described above McClelland Consulting Engineers, Inc. is available to provide and/or coordinate additional services when requested and authorized by the owner. All additional services will be performed under separate letter or upon an hourly basis per the attached schedule of charges. Services Not Included • Site lighting plans beyond the east -west trail • Offsite utility plans • LEED permitting / certification • Construction staking services City of Fayetteville Bryce Davis Park — rnase I Page 4 of 5 McCLELLAND 1580 E. Sterns St. N"CECONSULTING Fayetteville, AR -9241 479-443-2377/Fax 479-443-9241 ENGINEERS, INC. www.mce.us.com • Conditional -use permits or variances • Materials testing • Perspectives, renderings, and models • Environmental site assessments • Environmental impact analysis • Replatting • Easement Plat • Alley vacation, easements abandonments and right of way dedications • Final as -built survey • Historical or archeological studies • Updated title policy • Wetlands delineation / 404 permitting Water distribution report • Rezoning • Geotechnical reporting • Retaining wall design • Tree assessment/mitigation and tree preservation plan City of Fayetteville Bryce Davis Park — Phase I Page 5 of 5 NEEMcCLELLAND CONSULTING mmmmgmam ENGINEERS, INC. 5/15/2023 McCLELLAND CONSULTING ENGINEERS, INC. *STANDARD HOURLY RATES Chief Draftsman $110 - $120 Clerical $45 - $85 Construction Observer $75 - $165 Draftsman $70 - $120 Environmental Scientist/Designer $125 - $145 Geotech Engineer $125 - $200 GIS Technician $80 - $140 HR/Payroll Admin $75-$115 Landscape Architect $95 - $200 Media Specialist $85 - $120 Principal $185 - $275 Project Accountant $70 - $155 Project Designer - Intern $50 - $80 Project Designer $80 - $165 Project Engineer $120 - $175 Project Manager $130 - $210 Registered Land Surveyor $100 - $175 Soils Lab Technician $50 - $140 Specification Writer $50 - $100 Sr. Project Manager $160 - $250 Structural Engineer $140 - $180 Survey (2 man or Robotic) Crew $115 - $165 Survey (3 man) Crew $150 - $200 Survey Field (1 Man or Rodman) $45 - $120 Survey GPS $75 - $135 Survey Technician $65 - $110 Expenses @ Cost Mileage .655/mi * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers. Exhibit 'A' Crafton Tull 0,0 w CITY OF FAYETTEVILLE ARKANSAS I, IZo tf ":' �s 0 .� OPEI FIELI c % 2So LF dial +Ar*,uA 2?,s LF THE LINKS LII �� yr APARTMENTS FC OL t* SL r h KEY (D CREEKSIDE SEATING © HARD SURFACE TRAIL © BRIDGE OD SOFT SURFACE TRAIL FISHING PIER O FUTURE TRAIL TO HAMESTRING CREEK OG PICNIC GATHERING OH WETLAND BOARDWALK O NATURE PLAYGROUND O RESTROOM OK ARBORETUM & EDUCATIONAL SIGNAGE © WIDEN PATH OM EXISTING PAVILION ON COVERED SEATING Oo DOG WASH STATION © IMPROVE DRAINAGE 0 Bryce Davis Oil -. Park a Master Plan t `V Oc ober,2,,2023 26 Acres - © PAVILIONS REALIGN FENCE Q SEATING & BIKE REPAIR STATION EXISTING RESTROOM O OBSERVATION DECK O REHABILITATE EX STRUCTURE & ADD EDUCATIONAL SIGNAGE (wW EXISTING PLAY STRUCTURES O REFRESH EX BASKETBALL COURTS (D RESTRIPE EX PARALLEL PARKING (D FUTURE PLAY PAVILION/ PLAZA 4- F-&�WE� �7 y r J-''M 2 ENTRY FEATURE ��'�T1 O SHADE SAILS PARK SIGNAGE EXISTING PARKING V REPLACE EX FENCE - 95 -rTw1 ,/ " 7m- ;l = �jZD L.f Eridp= 35 LF WAYFINDING SIGNAGE PICNIC TABLE & GRILL EXISTING VEGETATION GRAPHIC SCALE IN FEET eo' Exhibit 'A' Park Planning Bryce Davis Park 1/10/2024 Opinion of Probable cost Prepared for estimating design work for Phase One Item QTY Unit Unit Cost Total Mobilization 1 LS $ 50,000 $ 50,000 Bonds & Insurance 1 LS $ 25,000 $ 25,000 SWPP/TPP 1 LS $ 15,000 $ 15,000 Owner's Allowance 1 LS $ 40,000 $ 40,000 Sidewalk (playground) 83 SY $ 90 $ 7,470 Sidewalk (dog park) 111 SY $ 90 $ 9,990 Pavilion (playground) 16x24 384 EA $ 75 $ 28,800 Pavilion (dog park) 12x18 432 SF $ 75 $ 32,400 SS Trail (playground) 520 LF $ 5 $ 2,600 11LV Lr ,600 10' Trail 1458 SY $ 100 $ 145,800 Bridge (playground) 5' wide 35 LF $ 1,389 $ 48,615 Bridge (lake north) 5' wide 35 LF $ 1,389 $ 48,615 Bridge (lake south) 10' wide 50 LF $ 2,778 $ 138,900 Shade Sails 2 EA $ 20,000 $ 40,000 Basketball restriping 2 EA $ 1,000 $ 2,000 Parking restriping 1 EA $ 3,500 $ 3,500 Dog park fence 225 LF $ 115 $ 25,875 Dog park conc. apron 275 SY $ 90 $ 24,750 Dog park drainage 750 LF $ 70 $ 52,500 Dog wash station 1 EA $ 3,750 $ 3,750 Restroom 1 EA $ 271,500 $ 271,500 Rehab Wetland Structure 11 EA $ 35,000 $ 35,000 Benches 20 EA $ 2,000 $ 40,000 Lighting east -west trail 20 EA $ 3,500 $ 70,000 Wayfinding signage 4 EA $ 850 $ 3,400 Miscellaneous 1 EA $ 48,935 $ 48,935 TOTAL $ 1,220,000