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HomeMy WebLinkAbout100-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 100-21 File Number: 2021-0224 RFQ 20-01, SELECTION #25 MCCLELLAND CONSULTING ENGINEERS - 2019 ECONOMIC DEVELOPMENT BOND PROJECT: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #20-01, SELECTION 25, IN THE AMOUNT OF $215,885.00 FOR DESIGN SERVICES ASSOCIATED WITH THE INDUSTRIAL DRIVE EXTENSION PROJECT, CONTINGENT ON APPROVAL BY THE ECONOMIC DEVELOPMENT ADMINISTRATION, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 ECONOMIC DEVELOPMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #20-01, Selection 25, in the amount of $215,885.00 for design services associated with the Industrial Drive Extension Project, contingent on approval by the Economic Development Administration. 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 4/6/2021 Page 1 Printed on 417121 Resolution. 100-21 File Number 2021-0224 Attest: `\``��RK If ����/,, 0`sG: AYE7?EVILLE Kara Paxton, City Clerk Treasu=er •• 10, lijitiG /ON J111co Page 2 Printed on 417/21 !—� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File \ J� File Number: 2021-0224 Agenda Date: 4/6/2021 Version: 1 Status: Agenda Ready In Control: City Council Meeting Agenda Number: A.5 File Type: Resolution RFQ 20-01, SELECTION #25 MCCLELLAND CONSULTING ENGINEERS - 2019 ECONOMIC DEVELOPMENT BOND PROJECT: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., PURSUANT TO RFQ #20-01, SELECTION 25, IN THE AMOUNT OF $215,885.00 FOR DESIGN SERVICES ASSOCIATED WITH THE INDUSTRIAL DRIVE EXTENSION PROJECT, CONTINGENT ON APPROVAL BY THE ECONOMIC DEVELOPMENT ADMINISTRATION, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 ECONOMIC DEVELOPMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #20-01, Selection 25, in the amount of $215,885.00 for design services associated with the Industrial Drive Extension Project, contingent on approval by the Economic Development Administration. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 4/6/2021 City of Fayetteville Staff Review Form 2021-0224 4/6/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Casey 3/15/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract subject to EDA approval in the amount of $215,885.00 with McClelland Consulting Engineers for the Industrial Drive Extension Project and approval of a budget adjustment, per RFQ 20-01, selection #25. 4601.860.7600-5860.02 4606.860.7600-5860.02 Account Number 46060.7600 Project Number Budget Impact: 4601- Bond Program Grant Matching 4606 - Economic Development 2019 Bonds Fund Commerce District Industrial Corridor Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Project Title $ 2,494,364.00 $ 60,000.00 $ 2,434,364.00 $ 215,885.00 $ 2,218,479.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF IN FAYETTEVILLE ARKANSAS MEETING OF APRIL 6, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: March 15, 2021 CITY COUNCIL MEMO SUBJECT: Approval of a contract subject to EDA approval in the amount of $215,885.00 with McClelland Consulting Engineers for the Industrial Drive Extension Project and approval of a budget adjustment, per RFQ 20-01, selection #25. RECOMMENDATION: Staff recommends approval of a contract subject to EDA approval in the amount of $215,885.00 with McClelland Consulting Engineers for the Industrial Drive Extension Project and approval of a budget adjustment, per RFQ 20-01, selection #25. BACKGROUND: The Industrial Drive project includes the construction of approximately 2,600 feet of street extension connecting South Industrial Drive to South City Lake Road. The street section includes a 28' wide asphalt street with curb and gutter and a 5' wide sidewalk with 6' of greenspace on one side. This proposed street extension will provide access to approximately 47 acres of city -owned land, allowing the development of five parcels. In September of 2020, the City of Fayetteville was awarded a grant from the Economic Development Administration for 80% of the design and construction of this project not to exceed $2,000,000. The City will be responsible for the other 20% of project costs estimated to be $500,000. DISCUSSION: On December 17, 2020, McClelland Consulting Engineers was selected by the selection committee based on RFQ 20-01, selection #25. Staff has worked with MCE to prepare a detailed scope of work and contract for this project. They have provided a proposed scope and fee in the amount of $215,885.00 for the design of this project. The contract will be paid based on hourly rates for work completed, up to the total contract amount. The design should be complete and ready for construction by June of 2022. BUDGET/STAFF IMPACT: The design and construction of this project will be paid for with the funds from a grant from the Economic Development Administration ($172,708.00) and from the 2019 Economic Development Bonds ($43,177.00). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: MCE - Engineering Agreement Grant Award Letter Budget Adjustment AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And MCCLELLAND CONSULTING ENGINEERS, INC. THIS AGREEMENT is made as of , 2021, by and between City of Fayetteville, Arkansas, acting by and through its Mayor and City Council (hereinafter called OWNER) and McClelland Consulting Engineers, Inc. (hereinafter called ENGINEER). OWNER from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, OWNER and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as OWNER's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to OWNER during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of OWNER and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the OWNER. ENGINEER and OWNER agree that ENGINEER has full responsibility for the engineering services. SECTION 3 - RESPONSIBILITIES OF OWNER 3.1 OWNER shall, within a reasonable time, so as not to delay the services of ENGINEER 3.1.1 Provide full information as to OWNER's requirements for the Project. Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the OWNER's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define OWNER'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 OWNER and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by OWNER authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from OWNER. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix B. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $215,885.00. The OWNER shall compensate ENGINEER based on a hourly NTE basis described in Appendix C. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to OWNER or such parties as OWNER may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by OWNER. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon OWNER's approval and acceptance with the satisfactory completion of the study and report for the Project. Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 2 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by OWNER, the undisputed portion shall be paid by OWNER by the due date. OWNER shall advise ENGINEER in writing of the basis for any disputed portion of any statement. OWNER will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of OWNER's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to OWNER certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 OWNER and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. OWNER will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which OWNER becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. OWNER retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 OWNER shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the OWNER and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 6.5.2 This Agreement may be terminated in whole or in part in writing by OWNER for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 4 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 6.5.3 If termination for default is effected by OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to OWNER because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by OWNER, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise) 6.5.5.2 Deliver or otherwise make available to OWNER all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above OWNER may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of OWNER. 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 ENGINEER are suspended or delayed by OWNER or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of OWNER and not for the benefit of any other persons or entities. Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between OWNER and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of OWNER or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 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, OWNER shall give ENGINEER 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 OWNER and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of OWNER 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 OWNER represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to OWNER in draft form for OWNER's advance review. OWNER shall review such drafts promptly and provide OWNER's comments to ENGINEER OWNER may require deletion of proprietary data or confidential information from such publications, but otherwise OWNER will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 6.11 Indemnification 6.11.1 OWNER agrees that it will require all construction Contractors to indemnify, defend, and hold harmless OWNER and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by OWNER including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of OWNER. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of OWNER when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: OWNER's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: McClelland Consulting Engineers, Inc. 1580 E. Stearns Street Fayetteville, Arkansas 72703 6.14 Successor and Assigns 6.14.1 OWNER and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither OWNER nor ENGINEER Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 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 without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and OWNER relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event OWNER issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for OWNER's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 OWNER's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither OWNER's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to OWNER caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to OWNER or OWNER -furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that OWNER may have against ENGINEER 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 OWNER and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to OWNER a copy of the cost summary submitted. OWNER, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 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 subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, OWNER 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. Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 9 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 7.5 Gratuities 7.5.1 If OWNER finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of OWNER, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, OWNER may, by written notice to ENGINEER terminate this Agreement. OWNER may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which OWNER 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, OWNER may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, OWNER may pursue exemplary damages in an amount (as determined by OWNER) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 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 OWNER, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 7.7 Restriction of Boycott of Israel Certification 7.7.1 ENGINEER agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with the OWNER as defined in § 25-1-503. If at any time after signing this certification ENGINEER decides to engage in a boycott of Israel, ENGINEER must notify the OWNER in writing. 7.8 EDA Standard Terms 7.8.1 ENGINEER agrees to follow all guidelines and policies of the Special Award Conditions No. 08-79-05388, Department of Commerce Financial Assistance Standard Terms and Conditions and U.S. Department of Commerce EDA Standard Terms and Conditions for Construction Projects during the course of the project. Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 10 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. OWNER ENGINEER CITY OF FAY)�TTEVILLE, ARKANSAS McCLELLAND CONSULTING ENGINEERS By: Kevin Beaumont IVICl 1I LIVI IG J U01I Digitally signed by Kevin l/� Kevin Beaumont Beaumont ATTEST: Date: 2021.03.16 12.57:47-05'00' Y g : ���T Y o Fqs� f e: Vice President City Clerk _�,; •: • FAYETTEVILLE •�� END OF AGREEMENT "'z"�� T��C�NAL ENGINEERING SERVICES ii� i u 111►1`�`� Professional Engineering Services Contract. 03.12.2021 Industrial Drive Extension. #21-2106 11 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. APPENDIX A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS INDUSTRIAL DRIVE EXTENSION 1. SCOPE OF PROJECT The work covered by this agreement includes the engineering services required to execute topographical and geotechnical survey, detailed design, preparing of easement and right-of- way documentation and preparing a project manual with technical specifications for the Industrial Drive Extension project as directed by the City of Fayetteville, hereinafter called the OWNER. Task No 1 — Topographic Survey Perform topographical survey as required for design. The topographic survey will include all surface elevations, surface features and subsurface utilities if marked or otherwise apparent. Task No 2 — Geotechnical Survey Perform subsurface geotechnical exploration (soil investigation) of site sufficient to support design needs. The investigation shall be comprised of five (5) total project borings and two (2) total project test pits. All of the proposed project borings have planned terminal depths of 10.0 feet below the existing surface elevations. Task No 3 — Design I. Design a street extension from South Industrial Drive connecting to S. City Lake Road, Fayetteville. Road shall be a 2-lane collector street of approx. 2,600 LF at 28' wide B.O.C, to include a 6' greenspace and 5' sidewalk on the east side of the street. Both driving lanes shall be 12.5' wide with 18" curb & gutter. Refer to Exhibit #1. Submit design to OWNER at 30%, 90% and 100% milestones. ll. Street improvements are to include an asphalt street surface, concrete curb and gutters, an underground storm water drainage system, and sidewalk. Road alignment to be contained within existing dedicated 65' wide corridor comprising 35' gas easement and 30' access easement on Lots 14A1 and 14A2, 5.08 acres tract and 18.92-acre tract respectively, Parcel 765-16578-001, recorded on 12.17.2020 and filed as 2020- 00046356, as indicated on Exhibit #2. III. Prepare detailed cost estimates of probable construction costs for improvements based on design for each submittal milestone. IV. Represent OWNER at meetings as needed pertaining to this project. V. Coordinate with Fayetteville Water & Sewer Department regarding provision of a new APPENDIX A — Scope of Services A-1 21-2106 Industrial Drive Extension This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. access to their facility from the proposed street extension. VI. Coordinate with OWNER and developer regarding planned improvements to Lot 14A1, 5.08-acre tract at northern end of project. VII. Coordinate/consult with City, Northwest Arkansas EDD, and EDA throughout design phase. VIII. Provide preliminary determination as to wetlands and a cultural resources survey of street corridor and other affected areas, and coordinate with regulatory agencies regarding environmental issues (including cultural resources and wetlands), as needed. Coordinate with USACE regarding need for Section 404 permit and obtain written verification. IX. Coordinate street design with City and franchised utilities. Determine interest of franchised utilities to provide appurtenances within existing or future utility easement adjacent street corridor. X. Prepare exhibits and documentation for public meetings/ 30-day public comment period to obtain citizen input and to obtain alignment approval by the OWNER. Task No. 4 — Right -Of -Way 8Wor Easement Preparation Perform boundary survey as necessary for full length of project site. Refer also to City GIS data and Tract Split for OWNER by JLS, LLC. for Lot 14A1 and 14A2 for Parcel 765-16578-001, recorded on 12.17.2020 and filed as 2020-00046356, as indicated on Exhibit #2. Prepare legal descriptions and exhibits for land acquisition, right-of-way, and/or easements as required. 2. Basic Services The Scope of Services of the ENGINEER as described in the Agreement shall be as stated in the section titles Scope of Project above. All street construction shall follow the guidelines described in the CITY OF FAYETTEVILLE Street Design Standards. The services specified for the various phases of the Agreement shall be completed and all stipulated documents shall be submitted to the OWNER in accordance with the project schedule included as Appendix B. The ENGINEER should anticipate a 30-calendar day review period by the OWNER between the completion of one phase and the beginning of the following phase. Additional time may be required for review by agencies. ENGINEER will be subcontracting environmental services to two DBE entities, namely Cantique LLC for management of environmental related matters and Cattails Environmental, LLC., for wetlands delineation. Flat Earth Archeology will undertake a cultural resources survey. All services will be limited to the areas of disturbance for the proposed project, including two designated storage and staging areas. APPENDIX A — Scope of Services A-2 21-2106 Industrial Drive Extension This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. 3. Project Deliverables Electronic copies of: • Geotechnical report • Environmental studies/ reports • Hydraulic modeling calculations and drainage design • 30% design plans and cost estimate • 30% plans & 90% to franchised utilities • Final plans, cost estimate, project manual and technical specification • ROW & easement documents/ "Exhibit A" maps APPENDIX A — Scope of Services A-3 21-2106 Industrial Drive Extension This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. APPENDIX B SCHEDULE PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS INDUSTRIAL DRIVE EXTENSION Task Name Start Finish - 21-2106 Industrial Drive Extension 0211621 03103/23 - Fee Proposal 02/1621 04/06/21 Draft to City 02/16/21 02/16/21 City Review 02/17/21 02126121 EDA Review 03/0121 0326/21 City Council 04i0621 04/06121 - Detailed Design 04/12121 03/18/22 Topographic Survey 04/1221 0521/21 Geotechnical Investigation 0426/21 05/07/21 30% Design & Cost Estimate 0524/21 07123/21 City Review - 30% Design 0712621 0820/21 90% Design & Cost Estimate 082321 12110/21 City Review - 90% Design 12-11321 01/07/22 Securing required State & Local Approvals 01/1022 02/18/22 100% Design. Project Manual w/Specifications & Cost Estimate 01/10122 02/04/22 City Review - 100% 02/0722 02/18/22 EDA Review & Approval of Plans & Specifications 022122 03/18/22 - Construction 0327122 03/03/23 Advertise for Bids 0327/22 04119/22 Bid Opening 042022 04/20/22 Review Bids 042122 0429122 EDA Review: Bids. Award Lefler & Bid Opening Checklist 05/02/22 05/13/22 Council Approval of Contract 05/17/22 05/17122 EDA Review of Contract & Checklist 05/18/22 06110/22 Pre -Con 062122 0621122 Notice To Proceed (By EDA) 0627/22 0627/22 Construction 0627122 03103/23 APPENDIX B — Scope of Services B-1 21-2106 Industrial Drive Extension This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. APPENDIX C COMPENSATION PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS INDUSTRIAL DRIVE EXTENSION OWNER shall pay ENGINEER for Basic Services rendered an amount equal to the cumulative hours charged to the Project for each class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the attached Exhibit 3, plus approved Reimbursable Expenses and ENGINEER's Consultant charges, if any. ENGINEER's Hourly Rates as shown on the attached Exhibit 3 shall be adjusted annually each January 1. For ENGINEER's Consultant charges, the OWNER shall pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00. • Basic Services: Payment by OWNER approximate the following schedule. Payment for a specific phase shall not exceed the scheduled amount prior to completion of that phase. Underruns in one phase may be used to offset overruns in another phase as long as the contract amount is not exceeded. Topographic Survey Geotechnical Survey Design; 30% Design 90% Design • 100% Design ROW & Easement Preparation Environmental Sub Consultants SUB -TOTAL Basic Services $ 16,750.00 $ 10,160.00 $ 39,500.00 $ 99,675.00 $ 15,800.00 $ 750.00 $ 30,500.00 $ 213,135.00 • Additional Services: Any and all Additional Services must be approved, and maximum amount to be paid for said services agreed to, in writing by OWNER prior to rendering of same. OWNER shall pay ENGINEER for Additional Services rendered an amount equal to the cumulative hours charged to the Project for each class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the attached Exhibit 3, plus approved Reimbursable Expenses and ENGINEER'S Consultant charges, if any. For ENGINEER's Consultant charges, the OWNER shall pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00. • OWNER shall pay ENGINEER the actual cost of Reimbursable Expenses incurred in connection with Basic and Additional Services. Reimbursable Expenses must be approved by the OWNER prior to the incurrence of such expenses. The estimated APPENDIX C — Scope of Services C-1 21-2106 Industrial Drive Extension This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. amount of Reimbursable Expenses to be incurred in connection with Basic Services is.. SUB -TOTAL Reimbursable Expenses $ 2,750.00 • The maximum payment to the ENGINEER for all of the Basic Services and Reimbursable Expenses identified within this Agreement shall NOT exceed $215,885.00 in total. • ENGINEER shall submit invoices monthly for services rendered and expenses borne. The invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel working on the project. The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive) paid to all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, surveyors, designers, draftsman, specification writers, estimators, other technical personnel, clerks; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto; plus operating margin or profit, non -project operating costs, and all general and administrative overhead costs, including but not limited to, furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment. Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection with the PROJECT for printing and reproduction costs and ENGINEER's consultant charges. Any and all expenditures for reimbursable expenses must be approved by the OWNER prior to rendering or obtaining same. Overtime salary costs are not considered Reimbursable Expenses. APPENDIX C — Scope of Services C-2 21-2106 Industrial Drive Extension This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. !'"'!*+�'* .�►� Exhibit #1 44\ # X ' MARSHALLTOWN �"� �; ���a �;�. TOOLS PROPOSED OVA .,I�yiS °` • STREET tik,..,� '� :� ,_. EXTENSION `�t ,'�"�`' w i sA•<. �u ,w �r, :.�:,�;ilrAodlsS+ ' FAYETTEVILLE UTILITIES 0 ` ,' :fi ► DEPARTMENT A. ll ; / .f—AlP-. Ir. 1S6 _10,a - ,• c PPROX..40' " 2UpO .0' f_ PROPOSED. 5—FOOT SIDEWALK ;PRESERVATION .'"'' AREA Zf f. , PROJECT ' SITE, TRIBUTARY TO t.-' r WEST FORK 0 0 WHITE RIVER O6 5 GREEN SIDE SPACE WALK CURB & CURB B ' GUTTER GUTTER F� ]2.5' LANE -112.5' LANE a7L7L� 29' BACK TO BACK 28' WIDE STREET 0 250 500, 1 INCH 500 FEET I ECONOMIC DEVELOPMENT ADMINISTRATION GRANT APPLICATION CITY OF Section 27, Township 16 North, Range 30 West �• FAYETTEVILLE Fayetteville Quadrangle INDUSTRIAL DRIVE EXTENSION ARKANSAS UTM Coordinates: 15 N 3988446 E 396784 PRELIMINARY SITE PLAN CDJ E111.- APPl1GOKM1 NI5 Yarcn 1.20 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. racr )put ror. The City of Fayetteville 1 P.O.C.taro CONYMCENCE - -- Exhibit #2 James Layout Services, LLC R (0114.52 ) P-O.B. LOT 14A1 UE 21' a SIDE SSE NO PA[CELMUMEE,, FAYFTTEVRLE OEVFLOPIEM FOUNMTON St PaW _� P.O- Box 611 D I? m IFUMP.O.B. PLAT EIl 10 PG 17 FORMER 1W WOE RALROAO RIGHT DG VNY A h Ux "•a- JL S Farmington, Arkansas 72730 Lot 14A1 R ZONED. 42 net'EB'as l 1qC l _ Telephone: (479)439-9828REaw BBs.ze ouMD,ci survey@jlsnwa.com + ! �qy ar �LMENT G aMOMOSETIL R / _,•. �. i.,t _ yY/1 PER PUr+U1T ROP08ED ACCESS AND UTRITr �/ ASEMENT DE3CRIPTON: P� _ rO1 `• part of ongnal Lot Numbered Fourteen (14) m e foal plat of Fayette✓lae Industrial Park-Vyest a Me City of Fayebe.M9e. Arkansas as per plat \ 50 FRONT BS8 I , wed In Plal Book 1 Oat Page 17 of the PROP. SO al A I� + I Wos of the Circuit Clerk and E.N-ORlclo ACCESS EASEMENT ' / Lot 1401,1 �■ I ecorder of Wasnngton County, Arkansas, H,g more particulardescribed as follows y d` / s p Y I UE 6 SIDE BSB PLAT EK 2014 PO 00020453 I Ging at the Nonhea t! m of said � • w 221,288 Bq.FI )m �. lginal Lot Fourteen (14) berg a fourb iron Eashry I�ne Of said pin. en- along the lot 6OUtn p PROP, 40 NCCE53 EASEMENT �' � d 35 GAS EASEMEh ' M 2'49'20" Watt 404.57 feel to e POINT OF ry / T SK 10. PG. IT. PLAT South 02'4971" WeSI LOT fork 7alles76pl �Fa:SI EGINNING. thence, a stance of 30.00 feet to a point; thence North / PARCEL N 01 ACRES I 1,M,m SO. F eF 1'03'06' West a distance of 1,053,48 feel to a distance PROP. 15 ACCESS EASEMENT OWEIL CITY OF FAYE LLB X'a Ant. thence South 24'09'/9' Wen a ' 967.51 feet to a porkDuce : eNorth 87'215W" j s u We - _ 2GME L2 ' I J A SS EASFyO[T 4[st a distance of 3227 feel to a PI Hence / onh 24'09'19' East a datence of 1,208 08 fen fo a Point; thence North 65.5O'41' Wen is / 15 PROP. ACCESS EASEMENT m me am �• -- . �_ d'Ylanee o135.00 ten to a point, thence None F / 3B PROP. ACCESS EASEMENT - 24`09'19• Eon a dbteno, of 50 00 feet to a / point; thence South 65'5041"East a distance J / o1S5.00 feet to a point thence North 24.10'47' Flood Zone'A' East a *stance of 17125 fen 1O a pone. thence / Lot W _ <w South 87.19'05' Ean a dsI of 42 24 het In PROP. 3D AtxE56 CASEMENT 14A2 Zoned 1.2 / _ _ SBT18'08"E V a punt: thence South 24'o9'4T West a distance of 429 62 feet to a print; thence South 87'03'OW East dletance.11,031.77 Nei to the POINT 2 / 18.i@ so" / FOLND sra• 111KISS 34FL 370.15' � W a OF BEGINNING M it 76,069 square r a4RCa �• � S carts,rli g Net or 1.75 aria, more orless. 113 W atdarrMET /� FAYETTEVIL E.M 7210! S At 15+4 111 _ I i ///fff MM 20FE: Li 1R' �yf-Y I-- . cARENT TAR(AnW 765,165)a W NnOema[aNen(I., l NRr` It" PN wta rgntme, g4WM IF On Nf•ywaWe. 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Exhibit #3 McCLELLAND REIMCONSULTING ENGINEERS, INC. 2021 McCLELLAND CONSULTING ENGINEERS, INC. *STANDARD HOURLY RATES Chief Draftsman $95 - $110 Clerical $45 - $75 Construction Observer $70 - $140 Draftsman $65 - S95 Environmental Scientist/Designer $105 - S120 Geotech Engineer $85 - $170 HR/Payroll Admin $75-$100 Landscape Architect $90 - $140 Media Specialist $80 - $100 Principal $160 - $230 Project Accountant $70 - $155 Project Designer $80 - $140 Project Engineer $120 - $175 Project Manager $120 - $200 Registered Land Surveyor $95 - $140 Soils Lab Technician $50 - $135 Specification Writer $50 - $90 Sr. Project Manager $140 - $230 Survey (2 man or Robotic) Crew $115 - $160 Survey (3 man) Crew $135 - $195 Survey Field (1 Man or Rodman) $45 - $105 Survey GPS $75 - $130 Survey Technician $65 - $95 Water Lab Supervisor $70 - $120 Water Lab Tech $50 - $95 Expenses @, Cost Mileage .560/mi * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers. This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. P4�EOF c UNITED STATES DEPARTMENT OF COMMERCE Economic Development Administration �i Austin Regional Office 903 San Jacinto Blvd., Suite 206 Austin, Texas 78701-2450 In Reply to Investment No.: 08-79-05388 September 28, 2020 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, TX 72701-6083 Dear Mayor Jordan: I am pleased to inform you that the Department Of Commerce's Economic Development Administration (EDA) has approved your application for a $2,000,000 EDA investment, to support the Commerce District Industrial Corridor. Enclosed is the Financial Assistance Award. To accept the grant award, please sign the Financial Assistance Award document. Your signature may be completed either electronically with a secured system or in ink. The executed document must be returned electronically to Patricia Shorter at pshorter@eda.gov. Your signature indicates your acceptance of the terms and conditions for the grant award. If not signed and returned within 30 days of receipt, EDA may declare the Award null and void." Please do not make any commitments in reliance on this award until you have carefully reviewed and accepted the terms and conditions. Any commitments entered into prior to obtaining the approval of EDA in accordance with its regulations and requirements will be at your own risk. EDA's mission is to lead the Federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. EDA implements this mission by making strategic investments in the nation's most economically distressed regions that encourage private sector collaboration and the creation of jobs. EDA investments are results driven, embracing the principles of technological innovation, entrepreneurship and regional development. I share your expectations regarding the impact of this investment and look forward to working with you to meet the economic development needs of your community. Sincerely, \\e Jorge D. Ayala Regional Director Enclosures cc: Northwest Arkansas Economic Development District Figure 3. Proposed Project Preliminary Site Plan t�l , � �+ y • : �! .� I :�' r. icy � 4, MARSHALLTOWN ° +►< TOOLS �?fit ..J..1F i . .::t:'!►,�.W}� �- PROPOSED r 5—FOOT ` SIDEWALK Al' «� ti L PROJECT R' SI TE },TRIBUTARY TO WEST FORK '=F WHITE RIVER 0 250 500 ~� 1 INCH 500 FEET ECONOMIC DEVELOPMENT ADMINISTRATION GRANT APPLICATION .CITY OF Section 27, Township 16 North, Range 30 West FAYETTEVILLE Fayetteville Quadrangle INDUSTRIAL DRIVE EXTENSION ' ARKANSAS UTM Coordinates: 15 N 3988446 E 396784 PRELIMINARY SfTE PLAN MA 11- Fayetteville AR Industrial Drive Extension EDA Environmental Narrative 4 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2021 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $215,885.00 with McClelland Consulting Engineers for the Industrial Drive Extension Project and approval of a budget adjustment, per RFQ 20-01, selection #25. RESOLUTION/ORDINANCE COUNCIL DATE: 4/6/2021 LEGISTAR FILE ID#: 2021-0224 Matthew Maw VW2021 4:11 PM Budget Director TYPE: JOURNAL #: GLDATE: CHKD/POSTED: Date D - (City Council) 4/6/2021 G ■ TOTAL - - v.20210309 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4601.860.7600-5809.00 (172,708) - 46060 7600 EX Improvements - Street 4601.860.7600-5860.02 172,708 - 46060 7600 EX Capital Prof Svcs - Engineering/Architectt, 4606.860.7600-5809.00 (43,177) - 46060 7600 EX Improvements - Street 4606.860.7600-5860.02 43,177 46060 7600 EX Capital Prof Svcs - Engineering/ArchitectL H:\Budget Adjustments\2021-Bud get\City Cou ncil\04-06-2021 \2021-0224 BA Industrial Drive Extension i.W Amendment # 1 McClelland Consulting Engineers, Inc Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0499 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/25/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Contract Amendment #1 with McClelland Consulting Engineers, Inc. for the Industrial Drive Extension Project Budget Impact: 4601.860.7600-5860.02 4601- Bond Program Grant Matching 4606.860.7600-5860.02 4606 - Economic Development 2019 Bonds Account Number 46060.7600 Project Number Budgeted Item? Yes Does item have a cost? Budget Adjustment Attached? Fund Commerce District Industrial Corridor Current Budget Funds Obligated Current Balance No Item Cost No Budget Adjustment Remaining Budget Project Title $ 2,000,000.00 $ 172,708.00 $ 1,827,292.00 $ 1,827,292.00 V20210527 Purchase Order Number: 2021-00000407 Previous Ordinance or Resolution # 100-21 Change Order Number: Original Contract Number: 2021-00000022 Comments: Approval Date: 07/01/21 CITY OF r• FAYETTEVILLE 4V ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: June 25, 2021 STAFF MEMO SUBJECT: Approval of Contract Amendment #1 with McClelland Consulting Engineers, Inc. for the Industrial Drive Extension Project RECOMMENDATION: Staff recommends approval of Contract Amendment #1 with McClelland Consulting Engineers, Inc. for the Industrial Drive Extension Project. BACKGROUND: The Industrial Drive project includes the construction of approximately 2,600 feet of street extension connecting South Industrial Drive to South City Lake Road. The street section includes a 28' wide asphalt street with curb and gutter and a 5' wide sidewalk with 6' of greenspace on one side. This proposed street extension will provide access to approximately 47 acres of city -owned land, allowing the development of five parcels. In September of 2020, the City of Fayetteville was awarded a grant from the Economic Development Administration for 80% of the design and construction of this project not to exceed $2,000,000. The City will be responsible for the other 20% of project costs estimated to be $500,000. On April 6, 2021 the City Council approved a contract with McClelland Consulting Engineers, Inc. for the design of this project. DISCUSSION: After the City Council approval of the design contract, the City received comments from the Economic Development Administration requesting the inclusion language indicating compliance with all federal contract provisions. Section 7.9 Federal Contract Provisions was then added to the contract and approved by the EDA. Staff is requesting the Mayor's approval on the revised design contract. BUDGET/STAFF IMPACT: There is no additional budget impact with this requested contract change. The design and construction of this project will be paid for with the funds from a grant from the Economic Development Administration ($172,708.00) and from the 2019 Economic Development Bonds ($43,177.00). Attachments: Revised Design Contract Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And MCCLELLAND CONSULTING ENGINEERS, INC. THIS AGREEMENT is made as of MY 1 , 2021, by and between City of Fayetteville, Arkansas, acting by and through its Mayor and City Council (hereinafter called OWNER) and McClelland Consulting Engineers, Inc. (hereinafter called ENGINEER). OWNER from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, OWNER and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as OWNER's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to OWNER during the performance of ENGINEER' services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of OWNER and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the OWNER. ENGINEER and OWNER agree that ENGINEER has full responsibility for the engineering services. SECTION 3 - RESPONSIBILITIES OF OWNER 3.1 OWNER shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to OWNER's requirements for the Project. Professional Engineering Services Contract Industrial Drive Extension. #21-2106 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the OWNER's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions. receive information, interpret and define OWNER'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 OWNER and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by OWNER authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from OWNER. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix B. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $215,885.00. The OWNER shall compensate ENGINEER based on a hourly NTE basis described in Appendix C. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to OWNER or such parties as OWNER may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by OWNER. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon OWNER's approval and acceptance with the satisfactory completion of the study and report for the Project. Professional Engineering Services Contract Industrial Drive Extension. #21-2106 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by OWNER, the undisputed portion shall be paid by OWNER by the due date. OWNER shall advise ENGINEER in writing of the basis for any disputed portion of any statement. OWNER will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of OWNER's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Tvoe of Coveraae Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to OWNER certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 OWNER and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. Professional Engineering Services Contract Industrial Drive Extension. #21-2106 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. OWNER will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which OWNER becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. OWNER retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods. unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 OWNER shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the OWNER and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 6.5.2 This Agreement may be terminated in whole or in part in writing by OWNER for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. Professional Engineering Services Contract Industrial Drive Extension. #21-2106 4 6.5.3 If termination for default is effected by OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to OWNER because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by OWNER, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to OWNER all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above OWNER may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of OWNER. 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 ENGINEER are suspended or delayed by OWNER or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of OWNER and not for the benefit of any other persons or entities. Professional Engineering Services Contract Industrial Drive Extension. #21-2106 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between OWNER and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of OWNER or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 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, OWNER shall give ENGINEER 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 OWNER and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of OWNER 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 OWNER represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to OWNER in draft form for OWNER's advance review. OWNER shall review such drafts promptly and provide OWNER's comments to ENGINEER OWNER may require deletion of proprietary data or confidential information from such publications, but otherwise OWNER will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. Professional Engineering Services Contract Industrial Drive Extension. #21-2106 6 6.11 Indemnification 6.11.1 OWNER agrees that it will require all construction Contractors to indemnify, defend, and hold harmless OWNER and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by OWNER including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of OWNER. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of OWNER when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: OWNER's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: McClelland Consulting Engineers, Inc. 1580 E. Stearns Street Fayetteville, Arkansas 72703 6.14 Successor and Assigns 6.14.1 OWNER and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither OWNER nor ENGINEER Professional Engineering Services Contract Industrial Drive Extension. #21-2106 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 without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and OWNER relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event OWNER issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for OWNER's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 OWNER's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither OWNER's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to OWNER caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to OWNER or OWNER -furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that OWNER may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided disputes and other matters in question of or relating to this Agreement or the competent jurisdiction within Arkansas. 7.3 Audit: Access to Records in this Agreement, all claims, counter -claims, between OWNER and ENGINEER arising out breach thereof will be decided in a court of 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the Professional Engineering Services Contract Industrial Drive Extension. #21-2106 date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to OWNER a copy of the cost summary submitted. OWNER, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 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 subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, OWNER 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. Professional Engineering Services Contract Industrial Drive Extension. #21-2106 7.5 Gratuities 7.5.1 If OWNER finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of OWNER, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, OWNER may, by written notice to ENGINEER terminate this Agreement. OWNER may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which OWNER 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, OWNER may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, OWNER may pursue exemplary damages in an amount (as determined by OWNER) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 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 OWNER, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 7.7 Restriction of Boycott of Israel Certification 7.7.1 ENGINEER agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with the OWNER as defined in § 25-1-503. If at any time after signing this certification ENGINEER decides to engage in a boycott of Israel, ENGINEER must notify the OWNER in writing. 7.8 EDA Standard Terms 7.8.1 ENGINEER agrees to follow all guidelines and policies of the Special Award Conditions No. 08-79-05388, Department of Commerce Financial Assistance Standard Terms and Conditions and U.S. Department of Commerce EDA Standard Terms and Conditions for Construction Projects during the course of the project. 7.9 Federal Contract Provisions 7.9.1 ENGINEER agrees to comply with all federal contract provisions in accordance with Appendix II to 2 CFR Part 200, Part A thru L and, said provisions are deemed to be included herein by reference only. Professional Engineering Services Contract Industrial Drive Extension. #21-2106 10 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. OWNER CITY OF FAY,-TTEVILLE, ARKANSAS By I -- ENGINEER McCLELLAND CONSULTING ENGINEERS Kevin Beaumont By: M6r, Lfoneld J Date: 2021.06.23 �� G• .�i '. Kevin Beaumont ATTEST: `�.• �1T Y p�, •�G 18:05:1s-05'00' J ' �� •:�^ Vice President By: / FAYF -k/:' Title. City Clerk ; 00 END OF AGREEMENT Fbh PROFESSIONAL ENGINEERING SERVICES Professional Engineering Services Contract Industrial Drive Extension. #21-2106 11 APPENDIX A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS INDUSTRIAL DRIVE EXTENSION 1. SCOPE OF PROJECT The work covered by this agreement includes the engineering services required to execute topographical and geotechnical survey, detailed design, preparing of easement and right-of- way documentation and preparing a project manual with technical specifications for the Industrial Drive Extension project as directed by the City of Fayetteville, hereinafter called the OWNER. Task No 1 — Topographic Survey Perform topographical survey as required for design. The topographic survey will include all surface elevations, surface features and subsurface utilities if marked or otherwise apparent. Task No 2 — Geotechnical Survey Perform subsurface geotechnical exploration (soil investigation) of site sufficient to support design needs. The investigation shall be comprised of five (5) total project borings and two (2) total project test pits. All of the proposed project borings have planned terminal depths of 10.0 feet below the existing surface elevations. Task No 3 — Design I. Design a street extension from South Industrial Drive connecting to S. City Lake Road, Fayetteville. Road shall be a 2-lane collector street of approx. 2,600 LF at 28' wide B.O.C, to include a 6' greenspace and 5' sidewalk on the east side of the street. Both driving lanes shall be 12.5' wide with 18" curb & gutter. Refer to Exhibit #1. Submit design to OWNER at 30%, 90% and 100% milestones. II. Street improvements are to include an asphalt street surface, concrete curb and gutters, an underground storm water drainage system, and sidewalk. Road alignment to be contained within existing dedicated 65' wide corridor comprising 35' gas easement and 30' access easement on Lots 14A1 and 14A2, 5.08 acres tract and 18.92-acre tract respectively, Parcel 765-16578-001, recorded on 12.17.2020 and filed as 2020- 00046356, as indicated on Exhibit #2. III. Prepare detailed cost estimates of probable construction costs for improvements based on design for each submittal milestone. IV. Represent OWNER at meetings as needed pertaining to this project. V. Coordinate with Fayetteville Water & Sewer Department regarding provision of a new APPENDIX A — Scope of Services A-1 21-2106 Industrial Drive Extension VI VII VIII IX X 2. access to their facility from the proposed street extension. Coordinate with OWNER and developer regarding planned improvements to Lot 14A1, 5.08-acre tract at northern end of project. Coordinate/consult with City, Northwest Arkansas EDD, and EDA throughout design phase. Provide preliminary determination as to wetlands and a cultural resources survey of street corridor and other affected areas, and coordinate with regulatory agencies regarding environmental issues (including cultural resources and wetlands), as needed. Coordinate with USACE regarding need for Section 404 permit and obtain written verification. Coordinate street design with City and franchised utilities. Determine interest of franchised utilities to provide appurtenances within existing or future utility easement adjacent street corridor. Prepare exhibits and documentation for public meetings/ 30-day public comment period to obtain citizen input and to obtain alignment approval by the OWNER. Task No. 4 — Right -Of -Way Wor Easement Preparation Perform boundary survey as necessary for full length of project site. Refer also to City GIS data and Tract Split for OWNER by JLS, LLC. for Lot 14A1 and 14A2 for Parcel 765-16578-001, recorded on 12.17.2020 and filed as 2020-00046356, as indicated on Exhibit #2. Prepare legal descriptions and exhibits for land acquisition, right-of-way, and/or easements as required. Basic Services The Scope of Services of the ENGINEER as described in the Agreement shall be as stated in the section titles Scope of Project above. All street construction shall follow the guidelines described in the CITY OF FAYETTEVILLE Street Design Standards. The services specified for the various phases of the Agreement shall be completed and all stipulated documents shall be submitted to the OWNER in accordance with the project schedule included as Appendix B. The ENGINEER should anticipate a 30-calendar day review period by the OWNER between the completion of one phase and the beginning of the following phase. Additional time may be required for review by agencies. ENGINEER will be subcontracting environmental services to two DBE entities, namely Cantique LLC for management of environmental related matters and Cattails Environmental, LLC., for wetlands delineation. Flat Earth Archeology will undertake a cultural resources survey. All services will be limited to the areas of disturbance for the proposed project, including two designated storage and staging areas. APPENDIX A — Scope of Services A-2 21-2106 Industrial Drive Extension 3. Project Deliverables Electronic copies of: • Geotechnical report • Environmental studies/ reports • Hydraulic modeling calculations and drainage design • 30% design plans and cost estimate • 30% plans & 90% to franchised utilities • Final plans, cost estimate, project manual and technical specification • ROW & easement documents/ "Exhibit A" maps APPENDIX A — Scope of Services A-3 21-2106 Industrial Drive Extension APPENDIX B SCHEDULE PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS INDUSTRIAL DRIVE EXTENSION Task Name Start Finish - 21-2106 Industrial Drive Extension 02/16J21 03103123 — Fee Proposal 02/1612l 04J06/21 Draft to City 0211621 02/16/21 City Review 02/1721 0226121 EDA Review 03/0121 0326121 City Council G4106/21 0410621 — Detailed Design 04/12/21 03/18/22 Topographic Survey 0411221 05/2121 Geotechnical Investigation 042621 05/07121 30% Design & Cost Estimate 0524121 0723/21 City Review - 30% Design 0712621 08/2021 90% Design & Cost Estimate 0823/21 12/10/21 City Review - 90% Design 12/1321 01107f22 Securing required State & Local Approvals 0111022 02/1822 100% Design, Project Manual w/Specifications & Cost Estimate 01/10/22 02104/22 City Review - 100% 02107J22 02/18/22 EDA Review & Approval of Plans & Specifications 0212122 03118/22 — Construction 03/27/22 03J03/23 Advertise for Bids 032722 04/19/22 Bid Opening 04120/22 0420/22 Review Bids 0412122 0429/22 EDA Review. Bids, Award Letter & Bid Opening Checkdist 05/0222 05/13/22 Council Approval of Contract 0511722 0511722 EDA Review of Contract & Checklist 0511822 0611022 Pre -Con 0621/22 06/2122 Notice To Proceed (By EDA) 062722 062722 Construction 0612722 03=23 APPENDIX B — Scope of Services B-1 21-2106 Industrial Drive Extension APPENDIX C COMPENSATION PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS INDUSTRIAL DRIVE EXTENSION OWNER shall pay ENGINEER for Basic Services rendered an amount equal to the cumulative hours charged to the Project for each class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the attached Exhibit 3, plus approved Reimbursable Expenses and ENGINEER's Consultant charges, if any. ENGINEER's Hourly Rates as shown on the attached Exhibit 3 shall be adjusted annually each January 1. For ENGINEER's Consultant charges, the OWNER shall pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00. Basic Services: Payment by OWNER based on ENGINEER's Hourly Rates shall approximate the following schedule. Payment for a specific phase shall not exceed the scheduled amount prior to completion of that phase. Underruns in one phase may be used to offset overruns in another phase as long as the contract amount is not exceeded. Topographic Survey $ 16,750.00 Geotechnical Survey $ 10,160.00 Design: • 30% Design $ 39,500.00 • 90% Design $ 99,675.00 • 100% Design $ 15,800.00 ROW & Easement Preparation $ 750.00 Environmental Sub Consultants $ 30,500.00 SUB -TOTAL Basic Services $ 213,135.00 Additional Services: Any and all Additional Services must be approved, and maximum amount to be paid for said services agreed to, in writing by OWNER prior to rendering of same. OWNER shall pay ENGINEER for Additional Services rendered an amount equal to the cumulative hours charged to the Project for each class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the attached Exhibit 3, plus approved Reimbursable Expenses and ENGINEER'S Consultant charges, if any. For ENGINEER's Consultant charges, the OWNER shall pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00. • OWNER shall pay ENGINEER the actual cost of Reimbursable Expenses incurred in connection with Basic and Additional Services. Reimbursable Expenses must be approved by the OWNER prior to the incurrence of such expenses. The estimated APPENDIX C — Scope of Services C-1 21-2106 Industrial Drive Extension amount of Reimbursable Expenses to be incurred in connection with Basic Services is: SUB -TOTAL Reimbursable Expenses $ 2,750.00 • The maximum payment to the ENGINEER for all of the Basic Services and Reimbursable Expenses identified within this Agreement shall NOT exceed $215,885.00 in total. • ENGINEER shall submit invoices monthly for services rendered and expenses borne. The invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel working on the project. The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive) paid to all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, surveyors, designers, draftsman, specification writers, estimators, other technical personnel, clerks; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto; plus operating margin or profit, non -project operating costs, and all general and administrative overhead costs, including but not limited to, furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment. Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection with the PROJECT for printing and reproduction costs and ENGINEER's consultant charges. Any and all expenditures for reimbursable expenses must be approved by the OWNER prior to rendering or obtaining same. Overtime salary costs are not considered Reimbursable Expenses. APPENDIX C — Scope of Services C-2 21-2106 Industrial Drive Extension Exhibit #1 a et '";•`k ' MARSHALLTOWN 4 � PROPOSED 'T447 a *. fir►, a TOOLS STREET ► x �rsti�, t� - "` EXTENSION .4jW 4f se ,-�-� J►:►' ;.a,,r► .• ,` { _>`rr7P.a1���'F•�, ' FAYETTEVILLE \ a► UTILITIES DEPARTMENT v.. �56 ir PPROX. ,40 y :Hr 28.0'� �Ga fp R\ PROPOSED " { 5—FOOT ro SIDEWALK{` ,Iy , PRESERVATION Z AREA H 7 I _ s S' GREEN SIDE SPACE WALK 1.5' 1.5' CURB & Imo— CURB & GUTTER I I GUTTER F� 12.5' LANE —L2.5' LANE 28' BACK TO BACK 28' WIDE STREET CITY OF .� FAYETTEVILLE ARKANSAS ` PROJECT r SITE TRIBUTARY TO r'y�. WEST FORK ICY l_ yr WHITE RIVER ; w - 0 , 250 500"w 1 INCH 500 FEE,4�. 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LEGEND F M_/WYW awqEre^,n".NRKr•aCFE •". —17TUT.- .5rvr[rl�wrVarnfa �paNf u✓r1Y.0�TVaO\Nrn [Ttelrlaawwf.6... 1lYa�5iIoraaIto!l o ) treeplm.aa p (i� ♦d-7M dI •._YYri1 ln[ 1Iw1oLMReIRG•arN1r4 1 Pp��nEU IUw0�NnS1t .Ka e «oar\ TCrrOlT.MYR}E RuRrro[M11�raCereE i\+■ 1—M� E E l] 1n■21brcRaR J rT[R MMOOT -� O1e1Np WOp1Lee 1 1 I�IORTIC RlI•r.Jr RnU Iq Ora 1E7ER pfMAORiIRCL.a © paplNTAalrtR O on—eWWa01■ IatrtA0R0YrO R0C'101C Laa OOa�IM6 Exhibit #3 McCLELLAND ONSULTING mr1w, mamnammon ENGINEERS, INC. 2021 McCLELLAND CONSULTING ENGINEERS, INC. *STANDARD HOURLY RATES Chief Draftsman $95 - $110 Clerical $45 - $75 Construction Observer $70 - $140 Draftsman $65 - $95 Environmental Scientist/Designer $105 - $120 Geotech Engineer $85 - $170 HR/Payroll Admin $75-$100 Landscape Architect $90 - $140 Media Specialist $80 - $100 Principal $160 - $230 Project Accountant $70 - $155 Project Designer $80 - $140 Project Engineer $120 - $175 Project Manager $120 - $200 Registered Land Surveyor $95 - $140 Soils Lab Technician $50 - $135 Specification Writer $50 - $90 Sr. Project Manager $140 - $230 Survey (2 man or Robotic) Crew $115 - $160 Survey (3 man) Crew $135 - $195 Survey Field (1 Man or Rodman) $45 - $105 Survey GPS $75 - $130 Survey Technician $65 - $95 Water Lab Supervisor $70 - $120 Water Lab Tech $50 - $95 Expenses @ Cost Mileage .560/mi * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers.