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HomeMy WebLinkAbout236-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 236-23 File Number: 2023-1204 CRAFTON, TULL & ASSOCIATES, INC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 23-01 SELECTION #6, IN AN AMOUNT NOT TO EXCEED $204,275.00 FOR DESIGN SERVICES ASSOCIATED WITH THE DRAKE STREET TRAIL CONNECTION, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 23-01 Selection #6, in an amount not to exceed $204,275.00 for engineering design services associated with Drake Street Trail Connection, and further approves a project contingency in the amount of $25,000.00. PASSED and APPROVED on November 7, 2023 Page 1 Attest: V T Y •.Fy'.� Kara Paxton, City C1 Treasurer =�: f yc J ; • �, CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 7, 2023 CITY COUNCIL MEMO 2023-1204 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: SUBJECT: Approval of a contract with Crafton, Tull & Associates, Inc. for design of the Drake Street Connection Trail. RECOMMENDATION: Staff recommends approval of a contract in the amount of $204,275.00 with Crafton, Tull & Associates, Inc. per RFQ 23-01, selection #6 to provide professional services for the design of the Drake Street Trail Connection and approval of $25,000.00 in contingency and a budget adjustment. BACKGROUND: The Drake Street Trail Connection will use excess space in the 4-lane section of Drake Street to install a two- way protected trail from College Ave. west to the end where a trail will be constructed to extend to Gordon Long Park and connect to the Razorback Regional Greenway. The proposed trail will total 4,376 linear feet and connect the neighborhoods east of Scull Creek to Gordon Long Park and the Razorback Regional Greenway. The section of Drake Street from College Ave. to Quail Creek Dr. was constructed as a four -lane minor arterial roadway in the 1990's adjacent to The Links Apartments. This street has a dead end at the west end and there are no plans to extend Drake Street in the near future, so the existing right of way is available for a trail connection extending to Gordon Long Park. The street has a very low traffic volume because it is not a through street, but it encourages short bursts of high-speed travel due to the very wide street cross section and large turning radii. The concept for the project will reduce Drake Street from four vehicle lanes to two vehicle lanes and include a 9-foot-wide by 3,204 Linear foot long trail on existing pavement. The conversion of the northern most traffic lane to a trail will reduce the street cross section to 2 through lanes with either a continuous turn lane in the center or parallel parking on the south side. The final cross section is still to be determined based on public input. The trail users will be separated from vehicles by installing a 6-inch-tall by 2-foot-wide concrete median with reflective posts on top as needed to delineate the lanes. Intersections will have reflective crosswalk markings on the pavement and signage for motorists and trail users. The trail in the street will transition to a 10-foot-wide trail at the west terminus of Drake Street and extend through undeveloped right of way to Gordon Long Park. This concrete trail will be 1,272 feet long and will include an estimated 50-foot bridge spanning Scull Creek. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The section of the Razorback Regional Greenway through Gordon Long Park currently sees an average of 600 users per day. The trail in this location closely follows Scull Creek and the topography east of the creek naturally restricts access to the neighborhoods on the east side of the trail. The City ran a model that identified all residences and businesses within '/2 mile of this project and found that there were 1,958 residential units, 266 businesses and 3,852 employees in this immediate area north, east and south of Drake Street. There are a significant number of potential trail and parkland users that are currently cut off from these amenities due to challenging topography and poor connectivity. This project will serve people of all demographics, including many who may not have access to a vehicle and depend on other modes of transportation. We expect this connection will become an important active transportation connection with the many employment destinations along College Ave., dense neighborhoods and apartments along Drake Street and the direct connection to the Razorback Regional Greenway. In June of 2023, a letter was sent to all property owners that are adjacent to the proposed trail and a survey was provided on speak up Fayetteville with 236 participants. 90% of the respondents expressed support for the project. Additional public input will be solicited as the design develops. In August of 2023, the City of Fayetteville was awarded $500,000 in federal -aid funds through the Northwest Arkansas Regional Planning Commission Transportation Alternatives Program for construction of the Drake Street Trail Connection. DISCUSSION: On September 11th, Crafton, Tull & Associates, Inc. was selected by committee based on RFQ 23-01, selection #6. Staff worked with Crafton, Tull & Associates, Inc. to prepare a detailed scope of work and contract for this project. They have provided a proposed scope and fee in the amount of $204,275.00 for the design of this project. Services to be provided include: Design services will include the design of approximately 1,092 linear feet of 10-foot-wide concrete trail and approximately 3,300 linear feet of protected bike lane and restriping of Drake Street. The work will include the design of a 12-foot-wide trail bridge over Scull Creek at Gordon Long Park. The design firm will provide detailed flood analyses to determine the most feasible location for the bridge within city -owned property. The bridge design should use the flood study to evaluate a variety of bridge types with a goal of minimizing the overall bridge length while providing no -rise to Scull Creek. The work will also include sizing of pipes and a culvert for the trail crossing a tributary to Scull Creek on the east side of Gordon Long Park. The design consultant will provide topographic and boundary surveys, pipe sizing, hydraulic studies including no -rise certification for the bridge over Scull Creek, corps of engineers permitting, trail and bridge design, bid ready construction plans and specifications, bidding services, construction engineering, and inspection services. BUDGET/STAFF IMPACT: The design for this project will be paid for with funds from the 2022 Trails Bond Funds. ATTACHMENTS: SRF (#3), BA (#4), 2023-1204 Drake Street Trail Conn Crafton Tull Packet (#5), CTA Proposal - Drake Street Trail Connection (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1204 Approval of a contract with Crafton, Tull & Associates, Inc. for design of the Drake Street Connection Trail. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ 23-01 SELECTION #6, IN AN AMOUNT NOT TO EXCEED $204,275.00 FOR DESIGN SERVICES ASSOCIATED WITH THE DRAKE STREET TRAIL CONNECTION, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 23-01 Selection #6, in an amount not to exceed $204,275.00 for engineering design services associated with Drake Street Trail Connection, and further approves a project contingency in the amount of $25,000.00. Page 1 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2023-1204 Item ID 11/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/18/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract in the amount of $204,275.00 with Crafton, Tull & Associates, Inc. per RFQ 23-01, selection #6 to provide professional services for the design of the Drake Street Trail Connection, approval of $25,000.00 in project contingency, and approval of a budget adjustment. 4703.830.7300-5860.02 Account Number 46030.7300.1000 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Budget Impact: 4603 - Trails Project 2019 Bonds Fund Misc. Trail Improvements Drake Street Trail Connection Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 118,949.00 $ 93,948.28 25,000.72 $ 204,275.00 $ 229,275.00 50,000.72 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2023 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a contract in the amount of $204,275.00 with Crafton, Tull & Associates, Inc. per RFQ 23- 01, selection #6 to provide professional services for the design of the Drake Street Trail Connection and approval of $25,000.00 in project contingency. COUNCIL DATE: ITEM ID#: 11/7/2023 2023-1204 Holly Black 70/7S/2023 7:46 PM Budget Division TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.202398 Account Name 4703.860.7300-5860.02 204,275 - 46030 7300.1000 EX Capital Prof Svcs - Engineering/Architects 4703.860.7300-5911.99 4703.860.7999-5899.00 25,000 - (229,275) - 46030 46030 7300.1000 EX 7999 EX Contingency -Capital Project Unallocated - Budget \\city\dfs\Divs\Engineering\Trails\Projects\Drake St. Cycletrack\Design Consultant Selection\City Council Contract\2023-1204 BA Drake Street Trail Conn Crafton Tull 1 of 1 dap % 7 W Drake St • - - �r d W Auguhta Dr i KA z d* �r nr rrr ` C C W Forsythia Dr O Lakeside Vliidge dAoartlents I Z f No i f LJ W Village Lake Dr - G > _ Z �4 m y E®obest � T Madrid St W sunbndge Dr — E Sunbridge Dr E Sunbri�O� Abl� n=� - f RA!,1P A' KENRAY ST LONGVIEW ST ' 40 �R!• ti T \ONTEPAINTER DR _. �.�PV : ��(S, HAROLD ST rx eK : t Ci � : iy�:, s • • • • • • • z ••x•••••• ••• • ¢ ww lF r�94'.` • O a .1,pf • • •� • ••• • • ••• °. `Yc }Ir ■ •• 5• •�• 7*7 • tf CVDNEE ST • • • - _ ¢ • • Q - ¢ > � 1 L7 �¢ - - • • • •rW • • • - a .a _ • • z BISHOP DR ¢ • • • iz z ••o••• �.. m • •G�� 1p Razorback Greenway �, p • •¢ m • ' . • • • m Uzi z • •z• I=•••••yi••••N• O REOBUD LN • A • •••• . : •Z - : D-• w • • •¢• • •�• MIMOSA LN �,�_ ��"� •• � �_ • •_ • _ _ • • • • • • • • EVERGREEN LN • Q' �-: , • - - ••�� •• • ••••• • O� • OAK; �AUGUSTA DR >w_•m_ _ _ N •• v son PRIVATE 511 � � w ,.:R N ■■x •w• • • � � S !r ~ •N••w •w••w ' • • • • • • N - 11E ST Y J � .Q O • • •• M » • � cv • < w w w O ��=¢btANADA S•T•<i U` w • O • • •izii •� - _j PRINCE 5 _. ..� VILLAGE LAKE DR •Z p • i • �• _• f o CA$SATT$L c'� C s'D•eek Trail �� O •�• •�' ==G+ FIADRID ST (r • • • w • • •••• •• ••••y m•i • • • WESTVIEW OR EYNOLDS S7 STRANGE DR O -- G SUNBRIDGE DR p i RO J w > N • w • • • ¢ O Gj C • ,,p i\ Q • • • O w • •� q••Y • •� • _ KNAPP ST WISE ST ,1 2 • • �' • • `n ry > ¢ e 'Y' j w %• •a11� • • • • �• o - r _ y w •• O TOWNSHIP ST • • a • f O • • • G'9 m _ OIL OtT DR 0.�00. x • • •• • O 9! .�-- „I e OJP 2 i • J Z TOR y • ••S •• p O yy a. cOJi rye\� 2 . • • FE �T 00 �O LN Z UNNY HILL D, p • a a z E McBdOty Va�eY Trail GARRETT DR z ¢o m _ yt C O PRIVATE 2200 P 7 � e OB P L PRIVATE 2 t43 • Residential Unit (1.958 units) - - - Drake -Street -Trail Drake street Trail Connection and Cycietrack 0 400 800 1,600 Business (266 Businesses) Trails (Multi -Use) Feet 2,696Full-Time _.Streams Proposed 2015 TAP Funding Project if 1,156 Part -Time 1 inch = 800 feet 0 1C2 Mile Distance from Trail Document Path: G:%GIS2\Propcts\2013\Trails--Drake Street Trail ConnectionWaps\Drake Street Trail Connection mxd c� w �. Gordon y�4 = —\ m z REDBUD LN- , ;a Long Park Ao� , f�J w o O z Z W o MIMOSA LN \ f n Ez PRIVATE 2630 a CASSATT S d W�4 N � v ~delConnecW o , „., Drake Street Cycle Track EVERGREENLN , AUGUST DR -UJ I NJ Y r3 LL it ADO,B A o �E 1 z GR@NAD4S GRANADA ST pj UJ + F o¢ �a Q Q z o Q z 00 Ll- h a , YVILL >t W UJ Im MADRID ST716 m (®r SUNBRIDGEDR a'- i,New School a Montessori TOWNSHIP ST ��- i Legend Drake Street Trail Connection and Cycle Track N � Proposed Drake Trail Connection - 0.22 Miles Proposed Drake Street Cycletrack-0.62 Miles Proposed TAP Project 0 1OC200 400 600 800 1,000 Existing Trails Multi -Use Feet SELECTION COMMITTEE -VOTING RESULTS CITY OP FAYET TEVILL ARKANSAS RFQ 23-01, Selection #6 - Selection Description: Drake Street Trail Connection Selection Committee Date/Time: 09/11/2023 at 4:00 PM Firms are listed alphabetical order. 1 2 3 Crafton Tull Garver, LLC. Olsson Overall RANK 1st 2nd I 3rd 1 l OVERALL RANK SUMMARY SCORING 1st ranked firm: CYQ _n ,�ull1 (/N 2nd ranked firm: 5son 3rd ranked firm: Tallied by: C��l'r UA.YISXJI� Amanda Beilfuss, sin A K&nny Fitch, Purchasing Agent Date: ._15 3 Date: 7 City of Fayetteville RFQ 23-01, Engineering & Architectural Services Date: 09/11/2023 at 4:00 PM Meeting ID 85412640913 Topic S/C Meeting: RFQ 23-01, Selections 6-8 Start Time 9/11/2023 3:55:32 PM End Time 9/11/2023 4:15:02 PM User Email abeilfuss@favetteville-ar.gov Duration (Minutes) 20 Participants 7 CITY OF FAYETTEVILLE ARKANS ARKANSAS Name (Original Name) User Email Total Duration (Minutes) Guest Amanda Beilfuss abeilfuss@fayetteville-ar.gov 20 No Lyssie Koscheski 17 Yes Mike Wiederkehr 17 Yes Matt Mihalevich mmihalevich@fayetteville-ar.gov 16 No cgranderson 7 Yes Chris Brown 13 Yes wabernathy 12 Yes CITY OF FAYETTEVILLE ARKANSAS Dear Drake Street Area Property Owner, City of Fayetteville is collecting public input on the future trail construction and street improvement for East Drake Street. East Drake Street runs .6 miles from College Ave to its terminus just west of Quail Creek Drive. The street has 4 continues 11.5 foot wide travel lanes. Drake Street will not be extended to the west to connect to Gregg Ave in the foreseeable future due to the need for a very costly bridge and location of Gordon Long Park. A paved trail connection is, however, included in the City's trails master plan which will provide a safe enjoyable connection for people walking, biking or using other mobility devices to directly access Gordon Long Park and the Razorback Greenway. 5 June 2023 SPEAK UP FAYETTEVILLE Please visit Speak Up Fayetteville at: speakup.fayetteville-ar.gov or scan this QR code to take the survey! Currently, there are no bike lanes on Drake Street. Sidewalks u 32 on the south side Drake St lack ADA compliant ramps and are significantly deteriorated in some sections. Sidewalk on the north side of the street are missing in large sections and are blocked by mailboxes. The current design and condition of Drake Street invites high speed driving and forces people walking, biking and using wheelchairs to travel in the roadway with no designated space or protection from motor vehicle traffic. The average daily traffic volumes are well under the recommended thresholds to warrant a 4-lane road. Accordingly, Drake St is identified as a candidate for a Road Diet in Fayetteville's Mobility Plan. The City of Fayetteville will be applying for grant funding for construction of the paved trail connection and the Road Diet reconfiguration of E. Drake. Concept designs being considered include protected bike and walking spaces, reductions in number of travel lanes, addition of turn lanes and on -street parking. Public input is extremely important in the grant application and the overall planning process for this project. Please take a moment to review some of the options and offer your feedback. For questions please contact the City of Fayetteville Engineering offices at: Email: engineering(a)-favetteville-ar.gov Phone: 479.575.8206 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Project Report 08 August 2018 - 26 June 2023 Speak Up Fayetteville Drake Trail and Street Improvements Visitors Summary 150 100 50 1 Jun '23 _ Pageviews Visitors Highlights MAX VISITORS PER TOTAL VIS1 DAY 297 33 NEW REGISTRATI ONS 0 ENGAGED INFORMED AWARE VISITORS VISITORS VISITORS 97 1125 236 Aware Participants 236 Engaged Participants 97 Aware Actions Performed Participants Engaged Actions Performed Registered Unverified Anonymous Visited a Project or Tool Page 236 Informed Participants 125 Contributed on Forums Participated in Surveys 0 2 0 0 0 95 Informed Actions Performed Participants Contributed to Newsfeeds 0 0 0 Viewed a video 0 Participated in Quick Polls 0 0 0 Viewed a photo 0 Downloaded a document 0 Posted on Guestbooks 0 0 0 Visited the Key Dates page 0 Contributed to Stories 0 0 0 Visited an FAQ list Page 0 Asked Questions 0 0 0 Visited Instagram Page 0 Placed Pins on Places 0 0 0 Visited Multiple Project Pages 33 Contributed to Ideas 0 0 0 Contributed to a tool (engaged) 97 Speak Up Fayetteville : Summary Report for 08 August 2018 to 26 June 2023 ENGAGEMENT TOOLS SUMMARY 0 1 0 0 0 FORUM TOPICS SURVEYS NEWS FEEDS QUICK POLLS GUEST BOOKS 0 0 0 STORIES Q&AS PLACES Tool Type Engagement Tool Name Tool Status Visitors Contributors Registered Unverified Anonymous Survey Tool Drake Trail and Street Improvements Published 137 2 0 95 Page 2 of 12 Speak Up Fayetteville : Summary Report for08 August 2018 to 26 June 2023 ENGAGEMENT TOOL: SURVEY TOOL Drake Trail and Street Improvements Visitors ® Contributors CONTRIBUTIONS •: How often do you travel along East Drake Street? 19 ("A* 32 (33.3%) Question options Daily Weekly Monthly Less than monthly or not at all Optional question (96 response(s), 2 skipped) Question type: Radio Button Question 24 (25.0%) 21 (21.9%) Page 3 of 12 Speak Up Fayetteville : Summary Report for 08 August 2018 to 26 June 2023 How have you traveled along East Drake Street? Choose all that apply. 90 81 80 70 60 50 50 40 27 30 20 8 10 5 1 2 2 Question options 10 Drive Bicycle Walk Wheelchair E-Scooter or other mobility device Transit or Taxi N/A Other (please describe) Optional question (97 response(s), 1 skipped) Question type: Checkbox Question Page 4 of 12 Speak Up Fayetteville : Summary Report for 08 August 2018 to 26 June 2023 Do you live within 1/2 mile of East Drake Street? 61(64.21 Question options Yes No Not sure Optional question (95 response(s), 3 skipped) Question type: Radio Button Question Page 5 of 12 Speak Up Fayetteville : Summary Report for 08 August 2018 to 26 June 2023 Please select the level of support for each of the proposed additions: The trail connection from E. Drake to the Raz... The proposed protected bike and pedestrian la... The proposed on -street parallel parking The proposed center turn lane 25 Optional question (98 response(s), 0 skipped) Question type: Likert Question 50 75 100 125 Question options JF Highly unsupportive Somewhat unsupportive Neutral/Not sure Somewhat supportive Highly supportive Page 6 of 12 Speak Up Fayetteville : Summary Report for 08 August 2018 to 26 June 2023 Which of the following street cross sections would you prefer for Drake Street? (Click images to expand) all • OLR* 2 (2.IVy e (a.r* 52 (93^ Question options Other (please describe) Existing Conditions (no change) 10 Existing 4-lane cross section with shared lane symbols in outside lane 3-lane option with center turn lane and added protected bike/pedestrian space on south side 2-lane option with protected bike/pedestrian space on north side and parallel parking on south side Optional question (97 response(s), 1 skipped) Question type: Radio Button Question Page 7 of 12 Speak Up Fayetteville: Summary Report for08 August 2018 to 26 June 2023 8 (8.5%) What is your gender? 3 (3.2%) 50 (53.2%) 33 (35.1 %) Question options Non -binary Prefer not to say Female Male Optional question (94 response(s), 4 skipped) Question type: Radio Button Question Page 8 of 12 Speak Up Fayetteville : Summary Report for08 August 2018 to 26 June 2023 What is your age? 4 (4.2%) 1 16 (16.7%) 12 (12.5%) 11 (11.5%) RIO 25 (26.0%) Question options 70 or greater 60-69 50-59 40-49 30-39 0 18-29 Optional question (96 response(s), 2 skipped) Question type: Radio Button Question 28 (29.2%) Page 9 of 12 Speak Up Fayetteville : Summary Report for08 August 2018 to 26 June 2023 What is your race/ethnicity? 4 p.l* Question options Other (please specify) Two or more races Optional question (93 response(s), 5 skipped) Question type: Radio Button Question White 3 (s^ 78 (83.r/.) Hispanic or Latino 2024 Black or African -American Page 10 of 12 Speak Up Fayetteville: Summary Report for08 August 2018 to 26 June 2023 9 (10.2%) 6 (6.8%) 8 (9.1 %) Question options $200,000 or higher $95,000 to $114,999 $11,880 to $24,999 What is your annual household income? 3 (3.4%) 8 (9.1 %) \ 6 (6.8%) 14 (15.9%) 15 (17.0%) 12 13.6% 0jV J 7 (8.0%) $155,000 to $199,999 $135,000 to $154,999 0 $115,000 to $134,999 $75,000 to $94,999 $55,000 to $74,999 $35,000 to $54,999 0 $25,000 to $34,999 Optional question (88 response(s), 10 skipped) Question type: Radio Button Question Page 11 of 12 Speak Up Fayetteville : Summary Report for08 August 2018 to 26 June 2023 Would you like to be contacted with future updates on this project? 38 (V.I* 61(62.9%) Question options No Yes Optional question (97 response(s), 1 skipped) Question type: Radio Button Question Page 12 of 12 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And CRAFTON, TULL & ASSOCIATES, INC. THIS AGREEMENT is made as of November 07 , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and _Crafton, Tull & Associates, Inc. with offices located in — Arkansas (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of the Drake Street Trail Connection (The "Project"). Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE 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 design services in connection with the Project as hereinafter stated, which shall include normal civil engineering and survey services. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendices A1, A2, & A3 attached hereto and made part of this Agreement. 2.1.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. Drake Street Trail Connection A — 1 022403 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILE shall, within a reasonable time, so as not to delay the services of the ENGINEER: 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 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 Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE'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 CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Exhibit C. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The CITY OF FAYETTEVILLE shall compensate the ENGINEER based on an hourly NTE basis described in Exhibit B. 5.1.1 The maximum not -to -exceed amount authorized for all Architectural and Civil design for as described in Exhibits Al, A2, & A3 of this Agreement is $198,775, not including reimbursable expenses. Compensation for reimbursable expenses is estimated to be $5,500. 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. Drake Street Trail Connection A — 2 022403 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with 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 CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by 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 CITY OF FAYETTEVILLE'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: Drake Street Trail Connection A — 3 022403 Tyne 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 CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE 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. 6.2 Professional Responsibility 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. ENGINEER agrees not to seek or accept any compensation or reimbursements from the City of Fayetteville for engineering work it performs to correct any errors, omissions or other deficiencies caused by ENGINEER `s failure to meet customarily accepted professional engineering practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 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 Drake Street Trail Connection A — 4 022403 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 CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE 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 parry 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 CITY OF FAYETTEVILLE 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. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to 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. Drake Street Trail Connection A — 5 022403 6.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 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 CITY OF FAYETTEVILLE 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 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of 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 CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 6.6 Delays In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE 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 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and 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 CITY OF FAYETTEVILLE 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 7.8.3, 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 7.8.3 and 7.8.4 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; Drake Street Trail Connection A — 6 022403 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and 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 CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 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 CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. 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 CITY OF FAYETTEVILLE 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 Drake Street Trail Connection A — 7 022403 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 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 300 North College, Suite 317 Fayetteville, Arkansas 72701 6.14 Successor and Assigns CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 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 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to 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 CITY OF FAYETTEVILLE's internal management of its operations. Drake Street Trail Connection A — 8 022403 SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER: 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-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 CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE 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 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 CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 8.3.1 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. Drake Street Trail Connection A — 9 022403 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 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, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE 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, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. Drake Street Trail Connection A— 10 022403 7.6 Arkansas Freedom of information Act City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, 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. 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. CITY OF FAYETTEVILLE, ARKANSAS ENGINEER Lioneld Jordo. hyYsyor William Burnett, PE, Vice President ATTEST: ��• FA V• By: tea• City ClerkTreasurer, Kara Paxton y END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Drake Street Trail Connection A — 11 022403 a Eil Crafton Tull ® architecture I engineering I surveying Exhibit "Al" Scope of Basic Services For: Project: Topographic Design Survey along Drake Street establishing RW along proposed trail tying into Gordon Long Park Client: Cit of Fa etteville Location of Project: Drake Street, Fayetteville, Arkansas Discipline: Surveying Discipline Manager: Ron Swift Project Manager: Luke Jost, PE Proposal Date: October 2023 Billing Type: Hourly with a Maximum/Reimbursable Expenses Fee: Topographic Design Survey: Reimbursable Expenses (estimated): Total: $25,000 $3,500 $28,500 Description of the Construction Project: Topographic Design Survey along Drake Street & establishing RW along existing street/proposed trail route tying into Gordon Long Park, being 1,300 +/- L.F., as shown on Exhibit "C". The Service to be Provided by the Surveyor are as Outlined Below: Topographic Design Survey: • A title company will be employed to provide a title search of the property to be surveyed. The title search will include record plats (including adjoining plats), deeds (including adjoining deeds) and easement documents. The title company fee will be a reimbursable expense to the client. • A representative from our survey department will mark the site, and we will submit a request to the local utility 1-Call System to mark all underground utilities within the proposed project site. • Our survey crew will set at least two survey control monuments adjacent to the site that will be tied to the city state plane coordinates and elevation datum to which all survey data for this project will be referenced. • We will provide a topographic survey of the project survey site as shown on attached Exhibit "C". Sufficient ground elevation shots will be taken for the creation of 1'-contours across the survey site, which will include some areas beyond the boundary lines, where accessible. • We will locate all visible utility lines and those as marked by the utility 1-Call System. All flow lines of drainage inlets and pipes will be measured, and the invert elevation of sanitary sewer manholes will be recorded. All pipe sizes will be measured and shown on the topographic survey. • Our field crew will locate trees 6" or bigger. • We will locate fences, driveways and buildings. • We will locate any property corners that are available for the property. • We will prepare an AutoCAD base survey drawing of the topographic design survey of the site, which will be used for engineering design purposes. This base survey drawing will include property boundary lines and any easement lines discovered by the examination of the title search for the property or any other provided document. www.craftontull.com a Eil Crafton Tull ® architecture I engineering I surveying Scope of Basic Services does NOT Include the Following: • Preparation of a final subdivision plat, tract or lot split plats, tract or lot combination plats, or similar type plats as may be required by the governing agency for approval of this project. • Surveys and plats of the property for financing, sales, or other purposes such as an ALTA or as -built survey. • Surveys of offsite utility, street or drainage improvements not within the survey site. • Surveys for environmental studies, including wetland delineation. • Surveys for flood data or studies for Corps of Engineer, FEMA or other special government agency permitting. • Surveys for location of geotechnical soil borings or pits. • Surveying related to construction services or construction staking. • Phase 1 Environmental Site Assessment • Cultural Resources Survey • Threatened & Endangered Species Habitat Assessment • A separate tree location or landscape plat. Note: Services listed can be provided for additional fee. Client Shall Provide: • Any existing boundary and topographic survey plats of the property that are in their possession. • Disclosure of known boundary disputes, possible encroachments, and gaps or overlaps with adjoining properties. • Disclosure of known buried tanks or environmental concerns within the proposed improvement site area that will be required to be shown on the survey. • Access for our survey crew personnel to enter the property to conduct the surveys. This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. www.craftontull.com a Eil Crafton Tu I I ® architecture I engineering I surveying Exhibit "AT' Civil Scope of Basic Services for: Project: Drake Street Trail Connection Client: City of Fayetteville Location of Project: Drake Street, Fayetteville, Arkansas Discipline: Civil Engineering Discipline Manager: Luke Jost, P.E. Project Manager: Luke Jost, P.E. Proposal Date: October 2023 Billing Type: Hourly with a Maximum/Reimbursable Expenses Fee/Estimate: Civil Design $84,595 Construction Administration $34,780 Geotechnical Subconsultant (Terracon) $25,200 Reimbursable Expenses (Estimated) $1,500 TOTAL: $146,075 Description of the Construction Project: Design of approximately 1,092 linear feet of 10-foot-wide concrete trail and approximately 3,300 linear feet of protected bike lane and restriping of Drake Street. Project includes 12-foot-wide trail bridge over Scull Creek & accompanying hydraulic study. Proiect scope: Design of approximately 1,092 linear feet of 10-foot-wide concrete trail and approximately 3,300 linear feet of protected bike lane and restriping of Drake Street. The work will include the design of a 12-foot-wide trail bridge over Scull Creek at Gordon Long Park. The design firm will provide detailed flood analyses to determine the most feasible location for the bridge within City owned property. The bridge design should use the flood study to evaluate a variety of bridge types to with a goal of minimizing the overall bridge length while providing no -rise to Scull Creek. The City anticipates using a 3-sided box culvert for the bridge over Scull Creek; therefore, the scope and fee estimate have been provided for that type of structure. If the hydraulic study determines a span bridge is required, additional fee will be required for the design. The work will also include sizing of pipes and a culvert for the trail crossing a tributary to Scull Creek on the east side of Gordon Long Park. The proposed project will provide any required surveys, pipe sizing, hydraulic studies including no -rise certification for the bridge over Scull Creek, corps of engineers permitting (if work is necessary in their jurisdiction), trail and bridge design, bid ready construction plans and specifications, bidding services, construction engineering, and inspection services. Detailed services to be provided by the Engineer: Preliminary Design Phase (30%): • Prepare Preliminary Plans (Title, Typical Section, Plan & Profile Sheets, Cross Sections) • Meet with City and stakeholders to finalize route • Utility coordination • Prepare a preliminary cost estimate • Submit plans to owner for review 60% Design Phase: 0 Finalize trail geometrics based on 30% review comments • Design of drainage structures as required • Hydraulic analysis of Skull Creek & Tributary w/ Drainage Crossings • Utility coordination • Drawing Set to include: o Cover sheet o Plan & profile sheets o Bridge Plans o Signing & Striping plans o Typical Section o Cross sections o Standard Details • Update construction cost estimate • Submit plans to owner for review • Meet with City and stakeholders to finalize route 90% Design Phase: • Revise plans based on comments to the 60% design submittal • Pre -final design of trail and drainage improvements • Final Hydraulic analysis of Skull Creek & Tributary w/ Drainage Crossings • Prepare the following construction drawings: o Cover Sheet o Plan & profile sheets o Typical section sheets o Cross sections o Erosion control plans o Bridge plans o Signing & striping plans o Notes and Standard & Special Details • Update construction cost estimate • Submit plans to owner for review Final Design Phase • Finalize plans based on comments to the 90% design submittal • Finalize design of trail and drainage improvements • Hydraulic analysis and no -rise certificate • Prepare storm water pollution prevention plan (SWPPP) • Submit final plans to City for review and approval • Submit permit applications to ADEQ and USACE (if required) • Update construction cost estimate Specifications, Bidding and Contract Negotiation Phase • Recommend Contractor to Owner • Prepare project specifications • Bid documents prepared and issued to bidders • Answer bidder's questions and issue addenda • Receive bids and tabulate results Construction Administration Phase (assume 180 days): • Answer City staff questions • Construction Observation • Final inspection & project close-out Geotechnical (provided by subcontractor - Terracon) • Assumes 1 boring at bridge area to a depth of 15' www.craftontull.com END SCOPE OF SERVICES THIS CONTRACT This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. Items Provided by City: Site access Construction materials testing Acquisition of Right of Way and Easements Additional Items that can be provided by CTA under amendment or separate contract: • Construction Phase Materials Testing • ROW/Easement Acquisition Documents • ROW/Easement Acquisition Services • Retaining wall design • FEMA applications/Coordination including CLOMR/LOMR process www.craftontull.com Crafton Tull ® architecture I engineering I surveying Exhibit "AT' Scope of Environmental Services For: Project: Drake Street Trail Connection Client: City of Fayetteville Location of Project: Fayetteville, AR (Washington Count Discipline: Environmental Discipline Manager: Stuart Gower -Jackson Project Manager: Luke Jost, PE Proposal Date: October 12, 2023 Billing Type: Hourly NTE + Reimbursables Estimate: $29,200 (Hourly NTE) $500 Estimated Reimbursables Description of the Construction Project: Construction of a concrete trail, protected bike lane, bridge, and associated permitting The services to be provided by the Engineer: • Waters of the U.S. Delineation and Report • U.S. Army Corps of Engineers Jurisdictional Determination Request and Coordination • U.S. Army Corps of Engineers Nationwide Permit Application and Coordination • Threatened and Endangered Species Desktop Review • ADEQ Short -Term Activity Authorization (STAA) Permit Application and Coordination • Prepare and submit to ARDOT a Tier 3 Categorical Exclusion document that meets FHWA standards • Consultation and design of in -stream structures for energy dissipation downstream of lake • Organize a Public Involvement meeting for the proposed project, if required • Subcontract the completion of a Phase I Cultural Resources Survey to a qualified sub -consultant, if study is required Scope of Basic Services does NOT Include the Following: • Tree Survey, Tree Inventory Report, and/or Tree Preservation Plan • Phase 1 Environmental Site Assessment • Biological and/or Habitat Assessments/Field Surveys • U.S. Army Corps of Engineers Standard Permit Application and/or Coordination • Geotechnical Investigation • Construction oversight and due diligence • Wetland and/or Stream Compensatory Mitigation Fees or Services Note: Services listed can be provided for additional fee. Items to be provided by Owner: • Site access This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. www.craftontull.com Ca1 Grafton Tull architecture I engineering I surveying Exhibit "B" Standard Hourly Rate Schedule Effective January 1, 2023 Hourly Category Rate CIVIL ENGINEERING ENGINEERING PRINCIPAL ............................. $ 230 SR. ENGINEERING MANAGER ........................ $ 210 ENGINEERING MANAGER .............................. $ 175 SR. PROJECT ENGINEER .............................. $ 155 PROJECT ENGINEER .................................... $ 135 ENGINEER INTERN III .................................... $ 130 ENGINEER INTERN II ..................................... $ 120 ENGINEER INTERN I ..................................... $ 110 SR. ENGINEERING DESIGNER ....................... $ 155 ENGINEERING DESIGNER III .......................... $ 120 ENGINEERING DESIGNER II ........................... $ 100 ENGINEERING DESIGNER I ............................ $ 90 ENGINEERING CAD TECHNICIAN III ................ $ 85 ENGINEERING CAD TECHNICIAN II ................. $ 75 ENGINEERING CAD TECHNICIAN I .................. $ 65 ENVIRONMENTAL ENVIRONMENTAL MANAGER ......................... $ 195 SR. ENVIRONMENTAL SCIENTIST ................... $ 145 PROJECT ENVIRONMENTAL SCIENTIST ......... $ 120 ENVIRONMENTAL SCIENTIST II ...................... $ 100 ENVIRONMENTAL SCIENTIST I ....................... $ 80 INSPECTION SR. INSPECTOR ........................................... 110 INSPECTOR II ............................................... $ 95 INSPECTOR I ............................................... $ 70 LANDSCAPE ARCHITECTURE LANDSCAPE ARCHITECTURE MANAGER ........ $ 155 SR. LANDSCAPE ARCHITECT ......................... $ 135 PROJECT LANDSCAPE ARCHITECT ................ $ 110 LANDSCAPE ARCHITECT INTERN II ................ $ 90 LANDSCAPE ARCHITECT INTERN I ................. $ 75 LANDSCAPE ARCHITECTURE DESIGNER ........ $ 80 ADMINISTRATIVE ADMINISTRATIVE PRINCIPAL ......................... $ 200 ADMINISTRATIVE MANAGER ......................... $ 155 ADMINISTRATIVE IV ...................................... $ 100 ADMINISTRATIVE III ...................................... $ 80 ADMINISTRATIVE II ....................................... $ 60 ADMINISTRATIVE I ........................................ $ 45 Hourly Category Rate PLANNING MANAGER ................................... $ 200 SR. PLANNER ............................................... $ 180 PROJECT PLANNER ...................................... $ 130 PLANNER II .................................................. $ 105 PLANNER I ................................................... $ 90 SURVEYING SURVEYING PRINCIPAL ................................ $ 210 SR. SURVEYING MANAGER ........................... $ 180 SURVEYING MANAGER ................................ $ 170 SR. PROJECT SURVEYOR ............................. $ 150 PROJECT SURVEYOR ................................... $ 130 SURVEYOR INTERN II ................................... $ 120 SURVEYOR INTERN I .................................... $ 100 SURVEY COORDINATOR ............................... $ 100 CREW CHIEF II ............................................. $ 95 CREW CHIEF I .............................................. $ 85 FIELD SURVEYOR III ..................................... $ 70 FIELD SURVEYOR II ...................................... $ 60 FIELD SURVEYOR I ....................................... $ 55 SURVEY CAD TECHNICIAN III ......................... $ 95 SURVEY CAD TECHNICIAN II .......................... $ 75 SURVEY CAD TECHNICIAN I .......................... UAV SERVICES $ 65 UAV TEAM LEAD ........................................... $ 115 UAV PILOT ................................................... $ 75 GEOGRAPHIC•- • GIS MANAGER .............................................. $ 125 GIS ANALYST ............................................... $ 100 GIS TECHNICIAN II ........................................ $ 80 GIS TECHNICIAN I ......................................... $ 55 REIMBURSABLE EXPENSES GIPS Equipment .......................................... 35/Hour Robotic Survey Equipment...........................$20/Hour LiDAR Scanning Equipment ........................$35/Hour UAV............ ........................................ $1000/Unit Job Related Mileage....................................$0.64/Mile Per Diem for Out of Town Crews..... Per GSA Allowable Airfare and other travel related expenses .......... At Cost Black and white 8.5"xl1" Copies .............. $0.15/sheet Color 8.5"xl 1" Copies ............................ $1.50/sheet Photo Paper Color Plan Sheet Copies ...... $0.75/sq. ft. Reproducible Plan Copies (Vellum) ........... $1.50/sq. ft Reproducible Plan Copies (Bond) ............. $0.35/sq. ft. All rates are subject to change without notice. Crafton Tu II ® architecture I engineering I surveying Exhibit "C" Anticipated Design Schedule • Notice to Proceed: November 2023 • Survey: January 2024 (8 weeks) • 30% Plans: February 2024 (4 weeks) o City Review (2 weeks) • 60% Plans: April 2024 (4 weeks) o City Review: 2 weeks • 90% Plans & Draft Contract docs: June 2024 (4 weeks) o City Review: 2 weeks • Bid Plans & Specifications: August 2024 (4 weeks)