HomeMy WebLinkAbout89-14 RESOLUTIONRESOLUTION NO.89-14
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH JORGENSEN AND ASSOCIATES, INC. IN
AN AMOUNT NOT TO EXCEED $387,000.00 FOR DESIGN AND RELATED
SERVICES FOR THE EXTENSION OF RUPPLE ROAD FROM PERSIMMON
STREET TO MARTIN LUTHER KING, JR. BOULEVARD
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
the Mayor to sign a professional engineering services agreement with Jorgensen & Associates,
Inc. in an amount not to exceed $387,000.00 for design and related services for the extension of
Rupple Road from Persimmon Street to Martin Luther King, Jr. Boulevard.
PASSED and APPROVED this 6t" day of May, 2014
APPROVED:
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
000`a n r r rear
K / T R, q s�i
s
° FAYETTEVILI_E °
Chris Brown
Submitted By
City of Fayetteville Item Review Form
2014-0192
Legistar File Number
5/6/ 14
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
Approval of a resolution awarding an Engineering Contract to Jorgensen & Associates, Inc. in an
amount not to exceed $387,000 for preliminary and final design and related services for Rupple
Road, from Martin Luther King Blvd. to Persimmon Street.
Does this item have a cost? YeS
$387,000.00
Cost of this request
4520.9555.5314.00
Account Number
060350.2400
Project Number
Budgeted Item? Yes
$387,000.00
Category or Project Budget
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached? NO
Engineering
Program or Project Name
Development Services
Program or Project Category
Transportation Bonds
Fund Name
V20130812
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
(OW
CITY OF
T. � �Vl e
ARKANSAS
MEETING OF MAY 6, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Chris Brown, City Engineer
DATE: April 18, 2014
SUBJECT: A resolution awarding an Engineering Contract to Jorgensen & Associates,
Inc. in an amount not to exceed $387,000 for preliminary and final design
and related services for Rupple Road, from Martin Luther King Blvd. to
Persimmon Street.
RECOMMENDATION:
Staff recommends approval of a Contract with Jorgensen & Associates, Inc. in the amount of
$387,000 for preliminary and final design and related services for Rupple Road, from Martin
Luther King Blvd. to Persimmon Street.
BACKGROUND:
Rupple Road is included in the proposed Transportation Improvement Bond Program. Rupple
Road is shown on the City of Fayetteville. Master Street plan as a Principal Arterial Parkway
from Martin Luther King Blvd. (Highway 62) north to Howard Nickell Road. The section under
consideration for this design contract will be from Martin Luther King Blvd. to Persimmon Street.
The street cross section will include four lanes with a 15' wide median, a 12, trail and a 5'
sidewalk. Roundabouts will be designed at the three intersections with the future Collector
street locations as shown on the Master Street Plan.
DISCUSSION:
Under this contract, Jorgensen & Associates, Inc. will provide preliminary and final design and
related services for Rupple Road, from Martin Luther King Blvd. to Persimmon Street.
Jorgensen & Associates, Inc. will also provide property surveys, legal descriptions for right of
way and easements to be acquired, and related services to support property acquisition by the
City. Additional services include wetlands delineation, US Army Corps of Engineers Permitting,
floodplain analysis, bidding and construction phase services and traffic signal design.
The contract amount will not exceed $387,000. This fee includes $299,500.00 for services
provided by Jorgensen & Associates, Inc. and $87,500.00 for services to be provided by sub -
consultants. The services to be provided by Jorgensen & Associates, Inc. will be paid at their
Mailing Address:
113 W. Mountain Street www.fayetteville-argov
Fayetteville, AR 72701
hourly rates for the hours worked on the project. The services provided by sub -consultants will
be paid for as reimbursements to Jorgensen & Associates, Inc. for the amounts billed by the
sub -consultants.
BUDGET/STAFF IMPACT:
This contract will be paid from funds available in the Transportation Improvement Bond
Program. $8.8 million is allocated for this segment of Rupple Road.
Attachments:
Concept Drawing
Engineering Agreement
2
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH JORGENSEN AND ASSOCIATES, INC. IN
AN AMOUNT NOT TO EXCEED $387,000.00 FOR DESIGN AND RELATED
SERVICES FOR THE EXTENSION OF RUPPLE ROAD FROM PERSIMMON
STREET TO MARTIN LUTHER KING, JR. BOULEVARD
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
the Mayor to sign a professional engineering services agreement with Jorgensen & Associates,
Inc. in an amount not to exceed $387,000.00 for design and related services for the extension of
Rupple Road from Persimmon Street to Martin Luther King, Jr. Boulevard.
•
am
PASSED and APPROVED this 6t' day of May, 2014.
LIONELD JORDAN, Mayor
ATTEST:
MA
SONDRA E. SMITH, City Clerk/Treasurer
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
JORGENSEN & ASSOCIATES, INC.
THIS AGREEMENT is made as of , 2014, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and JORGENSEN &
ASSOCIATES, INC. (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 capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and JORGENSEN & ASSOCIATES, INC. in consideration of their mutual covenants
agree as follows:
JORGENSEN & ASSOCIATES, INC. 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 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 CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the
engineering services.
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SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
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 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 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 Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $382,500. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
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
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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 study and report 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:
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
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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
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. CITY OF FAYETTEVILLE will promptly report to
ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF
FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the
consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its
damages caused by any negligence of 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 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 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,
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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.
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 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 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take
over the work and may award another party an agreement to complete the work under this
Agreement.
6.5.7 If, after termination for failure of 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 6.5.4 of this
clause.
6.6 Delays
6.6.1 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
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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 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 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court
of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been
complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence
of any incident, action, or failure to act upon which a claim is based, the party seeking
relief shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give 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 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
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
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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 FAYETI-EVILLE'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
6.11.1 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, CAD drawings,
estimates, field notes, and project 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
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:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
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JORGENSEN & ASSOCIATES, INC. address:
124 W Sunbridge Suite 5
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
6.14.1 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
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 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.
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.
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7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and 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. 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 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.
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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, 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, 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 7.5.1, 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.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of
subcontractors and sub -consultants, prepared while performing City contractual work are
subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act
request is presented to the CITY OF FAYETTEVILLE, 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.
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 10
CITY OF FAYETTEVILLE, ARKANSAS
By
Mayor, Lioneld Jordan
ATTEST:
By:
City Clerk
JORGENSEN & ASSOCIATES, INC.
B
BlakQt nsen
Title: Vice President
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 11
EXHIBIT A
RUPPLE ROAD FROM MARTIN LUTHER KING JR BLVD TO PERSIMMON ST.
SCOPE OF SERVICES
1.0 Surveying
All necessary surveying to develop parcel ownership, right-of-way, legal descriptions, exhibits, and
survey data necessary for design and development of construction plans, No -Rise Analysis, Wetland
Delineation Documentation.
2.0 Environmental Services
Wetland Services for entire proposed road extension (tasks to include coordination with USACE,
wetland delineation and Individual Permit application preparation).
3.0 Design Services
Design services for the entire alignment of Rupple Road (development of construction plans with
profiles, cross sections, typical details, incorporation of detailed structures at crossings from No -Rise
analysis, all storm drainage design and analysis (drainage report included), storm drain profiles,
Storm Water Pollution Prevention Plan, intersection details).
The preliminary design phase submittal will include preliminary plan and profile sheets showing
horizontal and vertical geometry, right-of-way, drainage improvements, sidewalks, preliminary
construction cost. The preliminary design phase will represent approximately 60 percent of final
construction contract plans.
Final design will commence once preliminary design is approved by the City of Fayetteville. The
Engineer will furnish plans to AHTD for their review and comment, plans and specifications will not
be in AHTD standard format. The City of Fayetteville shall furnish standard construction contract,
unless the City of Fayetteville wants Engineer to supply one. The City of Fayetteville will furnish
standard technical specifications for incorporation into the construction contract documents. The
Engineer shall provide special provisions, supplementary conditions, and other such documents to
fully define the project.
4.0 Traffic Studies, Signalization Design, Roundabout Design
Traffic signal warrants study for the intersection of Martin Luther King Jr. Boulevard and Rupple
Road. Lane configurations and horizontal geometry to be included in the Rupple Road
improvements at the study intersection. Written report describing analysis procedures, findings and
recommendations, supported by data and calculations. Prepare final traffic signal design and
necessary detail sheets. Use AHTD and City of Fayetteville Standard Specifications, addendums and
necessary special provisions. Prepare construction cost estimate. Obtain traffic signal permit from
AHTD. Lane configurations, horizontal geometry, radius, etc. to include each of the three planned
roundabout study intersections. Appropriate pavement markings and signing for roundabouts.
5.0 No -Rise Analysis
Owl Creek Tributary 1
Owl Creek Tributary 2
North Fork Farmington Branch
6.0 Bidding Services
Jorgensen & Associates will assist the City in the evaluation process by participating in interview
meetings with prospective contractors, initial and final, prepare unit price schedule for bidding,
prepare Bid Tab Results.
7.0 Construction Phase Services
Jorgensen & Associates will assist the City in inspections of the site work to ensure site work
complies with plans and specifications, provide Construction Control, and "As -Built" Plans.
8.0 Project Deliverables
The following will be submitted to the City of Fayetteville, or others as indicated, by Jorgensen &
Associates:
1. Two hard copies along with a pdf set of surveys set (Legal Descriptions for Right -of -Way
acquisitions and individual exhibits for each property acquisition).
2. Two hard copies along with a pdf set of the Preliminary Design.
3. One hard copy along with a pdf set of Preliminary Plans to each potentially affected utility
company.
4. Two hard copies along with a pdf set of the Final Design.
5. One hard copy along with a pdf set of the Final Design to each potentially affected utility
company.
6. One hard copy along with a pdf set of the Final Design to the AHTD.
7. Three copies and one pdf of the Final Plans and Specifications to the Contractor.
8. Hard copy and PDF of No -Rise Studies.
9. Hard copy and PDF of Environment Studies.
10. Hard copy and PDF of Drainage Reports.
11. Hard copy and PDF of "As -Built" Plans.
9.0 Extra Work
The following items are not included under this agreement, but will be considered as extra work:
1. Redesign for the City's convenience or due to changed conditions after prior approval or
conflicting direction from the City.
2. Pavement Design beyond that furnished in the Geotechnical Report.
3. Design of any utilities relocation.
4. Bridge or other significant structural design.
5. Street lighting or other electrical design beyond that required for traffic signalization.
6. Construction materials testing.
7. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
8. Landscape Designs above standard tree plantings.
9. Construction Stake -out.
10. Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as
agreed upon by the City of Fayetteville and Jorgensen & Associates.
10.0 Schedule
Jorgensen & Associates will begin work under this Agreement within ten (10) days of a Notice to
Proceed and will complete the work in accordance with the schedule below:
1.0 Surveying: 60 Days
2.0 Environment Services: Wetland Delineation & Individual Permit Application Submittal: 90 Days
3.0 Design Services:
3.1 Preliminary Design Phase (60% Set): 120 Days from Notice to Proceed.
3.2 Final Design Phase (100% Set): 90 Days from 60% Set Approval from City of Fayetteville.
4.0 Traffic Studies, Signalization Design, Roundabout Design:
4.1 Traffic Study: 30 days from notice to proceed.
4.2 Signalization Design: 45 days from receiving base drawings.
4.3 Roundabout Design/Analysis: 90 days.
5.0 No -Rise Analysis: 30 days from Preliminary Design Phase approval.
11.0 Compensation
Payment for services rendered by Jorgensen & Associates and their Subconsultants shall be for a
maximum not to exceed amount of $382,500. Jorgensen & Associates will bill the City of Fayetteville
as according to the schedules and fee summary as found in Appendix B; all Subconsultant bills must
be received 10 calendar days prior to the last Friday of the month in order to be included in
Jorgensen & Associates' invoice to the City of Fayetteville for that month. Payment to the
Subconsultant will be made within 10 days of receiving payment from the City of Fayetteville.
Appendix B
RUPPLE ROAD FROM MARTIN LUTHER KING JR BLVD TO PERSIMMON ST.
Jorgensen & Associates Hourly Rate Schedule
• Senior Project Engineer: $150/hr
• Project Engineer: $125/hr
• Senior CADD Technician: $85/hr
• CADD Technician: $70/hr
• Principal Land Surveyor: $125/hr
• Two Person Field Crew w/Total Station: $120/hr
• Three Person Field Crew w/Total Station: $160/hr
• Two Person Field Crew Utilizing GPS: $140/hr
• Three Person Field Crew Utilizing GPS: $180/hr
• Construction Supervisor: $75/hr
Fee Summary
1.0 Surveying: $30,000.
2.0 Environmental Services: $11,850.
3.0 Design Services
3.1 $96,000 for Preliminary Design Phase.
3.2 $144,000 for Final Design Phase.
4.0 Traffic Studies, Signalization Design, Roundabout Design: $26,000.
5.0 No -Rise Analysis: $45,150.
6.0 Bidding Services: $4,500.
7.0 Construction Phase Services: $25,000.
APPENDIX 8 - RUFFLE ROAD FROM MARTIN LUTHER KING JR BLVD TO PERSIMMON ST
Category
Principal Land
Surveyor
Two Person Field Crew
w Total Station
Three Person Field
Crew wTotalStation
Two Person Field
Crew wGPS
Three Person Field
Crew wGPS
Senior CADD
Technician
I CADD
Technician
Senior Project
I Engineer
Project Engineer
Construction
Supervisor
1.0 Surveying
Research Property Owners/Deeds/Surveys
6
8
Draw Deed Boundaries
2
8
10
Field Locate Survey Elements for Boundaries
30
Mark CL & Cross Section every 50'
40
Cross Sections for No -Rise Analysis
12
16
Topo Intersection of Tie in points (MLK-Rupple)
12
CADD to process Topo & Boundary
8
10
CADD to create Boundaries & ROW
12
50
Survey Review of base file -ROW.
20
30
Subtotal Hours
28
54
0
16
40
66
70
0
0
0
Subtotal Surveying
I $ 3,500.00
$ 6,480.00
$
$ 2,240.00
$ 7,200.00
$ 5,610.00
$ 4,900.00
$ -
$ -
$ -
Subtotal Of Surveying Services $ 29,930.00
Non -Labor Costs
Printing/Reproduction
$ 50.00
Postage/Courier
$ 20.00
Travel Costs
$
Subtotal of Non -Labor Costs
$ 70.00
Total Not -To -Exceed for Surveying
$ 30,000.00
APPENDIX R - RUPPLE ROAD FROM MARTIN LUTHER KING A BLVD TO PERSIMMON ST.
Category
Principal Land
Surveyor
Two Person Field Crew
w Total Station
Three Person Field
Crew w Total Station
Two Person Field
Crew w GPS
Three Person Field
Crew w GPS
Senior CADD
Technician
CADD
I Technician
Senior Project
I Engineer
Project Engineer
Construction
Supervisor
3.1 Design Services Preliminary Design Phase)
Plan & Profile
60
60
24
60
Draw Intersections -Roundabouts
40
40
24
60
Drainage Study
40
80
Drainage Profiles & Median Drainage
24
24
40
Cross Sections
0
0
Coordinate/Incorporate No -Rise Analysis
16
16
8
Coordinate/incorporateTrafflc Designs
10
16
8
Storm Water Pollution Prevention Plan
81
6
8
8
Sidewalks&Trails
10
8
4
8
Specifications
8
16
Meetings/Coordination
16
Quality Control Review
24
Details
0
0
0
0
Signage&Striping
8
8
41
12
Coordination with Geotech, Utilities, etc
8
16
Subtotal Hours
0
0
0
0
01
176
122
216
316
0
Subtotal Design Services
$
$
$ -
$
$ -
$ 14,960.00
$ 8,540.00
$ 32,400.00
$ 39,500.00
$
Subtotal of Services $ 95,400.00
Non -Labor Costs
Printing/Reproduction
$ 450.00
Postage/Courier
$ 100.00
Travel Costs
$ 50.00
Subtotal of Non -Labor Costs
$ 600.00
Total Not -To -Exceed for 3.1 Preliminary Design Phase $ 96, 0-0.00
APPFNOIK R _ RI IPPI F ROAO FROM MARTINI HTHFR KING JR RI VO TO PERSIMMON ST
Category
Principal Land
Surveyor
Two Person Field crew
w Total Station
Three Person Field
Crew w Total Station
Two Person Field
Crew w GPS
Three Person Field
Crew w GPS
Senior CADD
Technician
CADD
Technician
Senior Project
I Engineer
Project Engineer
Construction
Supervisor
3.2 Design Services (Final Design Phase)
Plan & Profile
80
60
52
80
Draw Intersections -Roundabouts
40
40
36
60
Drainage Study
40
80
Drainage Profiles & Median Drainage
8
24
56
Cross Sections
24
20
20
48
Coordinate/incorporate No -Rise Analysis
10
16
. 16
Coordinate/Incorporate Traffic Designs
10
16
16
Storm Water Pollution Prevention Plan
81
8
8
16
Sidewalks&Trails
16
16
8
16
Specifications
16
16
Meetings/Coordination
16
4
Quality Control Review
40
40
Details
24
24
12
30
Slgnage & Striping
8
1 81
16
Coordination with Geotech, Utilities, etc
1 21
16
Subtotal Hours
0
0
0
0
0
228
168
320
510
0
Subtotal Design Services
1 $
$ -
$ -
$
$ 19,380.00
$ 11,760.00
1 $ 48,000.001
$ 63,750, 1
$
Subtotal of Services $ 142,890.00
Non -Labor Costs
Printing/Reproduction
$ 960.00
Postage/Courier
$ 100.00
Travel Costs
$ 50.00
Subtotal of Non -Labor Casts
$ 1,110.00
Total Not -TO -Exceed for 3.2 Final Design Phase Is 144,000.00
APPFNOIY R - RIIPPI F ROAD FROM MARTINI IJTHFR KING 1R W VO TO PFRSIMMON ST
Category
Principal Land
Surveyor
Two Person Field Crew
w Total Station
Three Person Field
Crew w Total Station
Two Person Field
I Crew wGPS
I Three Person Field
CrewwGPS
Senior CADD
Technician
I CADD
Technician
Senior Project
I Engineer
Project Engineer
Construction
Supervisor
6.0 Bidding Services
Preliminary
5
8
Final
8
12
Subtotal Hours
0
0
0
0
0
01
0
13
20
0
Subtotal Design Services
$ -
$
$
$ -
$ -
$
1 $ -
$ 1,950.00
$ 2,500.OD
$
Subtotal of Services $ 4,450.00
Non -Labor Costs
Printing/Reproduction
$ 50.00
Postage/Courier
$
Travel Costs
$
Subtotal of Non -Labor Costs
$ 50.00
Total Not -To -Exceed for 6.0 Bidding Services 1 $ 4,500.00
APPENDIX B - RUPPLE ROAD FROM MARTIN LUTHER KING JR BLVD TO PERSIMMON ST
Category
Principal Land
Surveyor
Two Person Field Crew
wTotalStation
Three Person Field
CrewwTotalStation
Two Person Field
Crew
Three Person Field
CrewwGPS
Senior CADD
Technician
CADD
Technician
Senior Project
Engineer
Project Engineer
Construction
Supervisor
7.0 Construction Phase Services
Field Observation
200
Set Construction Control
8
"As -Built" Survey
24
"As-Bufit Plans
4
28
4
24
Subtotal Hoursi
4
32
0
0
0
0
28
4
20
200
Subtotal Design Services
1 $ 500.00
$ 3,840.00
$
$
$ -
$
$ 1,960.00
$ 600.00
$ 2,500.00
$ 15,000.00
Subtotal of Services $ 24,400.00
Non -Labor Costs
Printing/Reproduction
$
Postage/Courier
$
Travel Costs
$ 600.00
Subtotal of Non -Labor Costs
$ 600.00
Total Not -To -Exceed for 7.0 Construction Phase Services I S 25,000.00
PETERS & ASSOCIATES
i
ENGINEERS, INC.
i
� I
i
April 18, 2014
Mr. Blake Jorgensen, P.E.
Jorgensen & Associates
124 West Sunbridge
Suite 5
Fayetteville, AR 72703
Re: P 1695
Proposal for Engineering Services
Traffic Signal Warrants Study
Traffic Signal Design
Roundabout Analysis and Design Assistance
Rupple Road, from Martin Luther King Jr. Boulevard to Just South of Persimmon Street
Fayetteville, Arkansas
Dear Mr. Jorgensen:
CONTRACT FOR CONSULTANT SERVICES
Peters & Associates Engineers. Inc. (Consultant) agrees to provide Jorgensen & Associates with Traffic
Engineering services in conjunction with the referenced project regarding intersection analysis and
recommended design along the City -planned Rupple Road corridor (to include extension, connections,
widening, etc.) from Martin Luther King Jr. Boulevard to just south of Persimmon Street in Fayetteville,
Arkansas. Peters & Associates Engineers, Inc. also agrees to provide Jorgensen & Associates with Traffic
Engineering services in conjunction with traffic signal design for the intersection of Rupple Road and
Martin Luther King Jr. Boulevard. Additionally, Peters & Associates Engineers, Inc. agrees to provide
Jorgensen & Associates with roundabout analysis and design assistance for the following intersections:
• Rupple Road and future Alberta Street Extension
• Rupple Road and two future Master Street Plan (MSP) collector streets between the future Alberta
Street Extension and Persimmon Street.
In accordance with the attached Consultant Schedule of Conditions, the following Scope of Services will be
performed:
SCOPE OF SERVICES — TRAFFIC SIGNAL WARRANTS STUDY
We will conduct a traffic signal warrants study for the intersection of Rupple Road and Martin Luther
King Jr. Boulevard consisting of utilizing existing and projected traffic volumes included in the recently
competed traffic impact analysis study by Jacobs, dated February 25, 2014.
Tasks associated with this work are outlined as follows:
• Conduct traffic signal warrants analysis for the intersection of Martin Luther King Jr. Boulevard and
Rupple Road for the projected traffic volumes included in the recently completed study by Jacobs.
5507 RANCH DRIVE - sLm 205 LITTLE ROCK, ARKANSAS 72223 (501) 868-3999 FAX: (501) 868-9710
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 2 of 6
• Prepare a written report describing analysis procedures, findings and recommendations, supported by
data and calculations.
SCHEDULE
The Schedule for Completion of the Traffic Signal Warrants Study will be thirty (30) days from Notice to
Proceed or in accordance with Jorgensen & Associates schedule.
SCOPE OF SERVICES — TRAFFIC SIGNAL DESIGN
In accordance with the attached Consultant Schedule of Conditions, the following Scope of Services will be
performed for the traffic signal design for the intersection of Martin Luther King Jr. Boulevard and Rupple
Road:
• Conduct a pre -design conference with City of Fayetteville officials and Jorgensen & Associates to
establish a work plan and schedule.
• Produce a preliminary traffic signal plan utilizing intersection plans and survey base drawings
provided by Jorgensen & Associates.
• Review preliminary traffic signal plan with Jorgensen & Associates and the City and secure
preliminary approval of plans from City officials and Arkansas State Highway and Transportation
Department (AHTD) officials.
• Prepare final traffic signal design and necessary detail sheets:
o Select appropriate mast arm and pole sizes and determine placement requirements.
o Design or select appropriate pole foundations and prepare or reference reinforcement,
anchor bolt and construction details.
o Prepare details for controller cabinet foundation conduit entry as necessary.
o Develop conduit sizing and routing plans.
o Prepare placement details for trenching, conduit entry to pole foundations, and conduit
entry to pull boxes for:
a) Electrical power service
b) Signal field wiring
c) Detector wiring.
o Design pullbox placement and prepare details for pullbox installation and conduit entry.
o Design detector placement scheme.
o Prepare detector placement and wiring details.
o Prepare details for controller cabinet and installation.
o Design electrical power service routing.
o Prepare wiring diagrams for:
a) Signal field wiring
b) Electrical power service
c) Vehicle detectors.
o Prepare details for poles, mast arms and signal heads.
o Prepare special provision for coordinated traffic signal equipment compatible with
vicinity existing coordinated traffic signals.
o Prepare provisions for advanced warning flashers for southbound approach to
intersection to include location, mounting details, conduit, power and wiring.
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 3 of 6
• Use AHTD and City of Fayetteville Standard Specifications, addendums and necessary special
provisions.
• Prepare construction cost estimate.
• Review final design with Jorgensen & Associates and obtain approval of plans from AHTD and City
officials.
• Obtain traffic signal permit from AHTD.
SCHEDULE
The schedule for completion of the traffic signal plan will be within forty-five (45) days of receiving the
base drawing of the Martin Luther King Jr. Boulevard and Rupple Road intersection with the planned
geometry from Jorgensen & Associates.
SCOPE OF SERVICES — ROUNDABOUT DESIGN ASSISTANCE
In accordance with the attached Consultant Schedule of Conditions, the following Scope of Services will be
performed for the roundabout design for each of the three intersections along Rupple Road:
• Roundabout operational analysis will be conducted for the study intersections for AM and PM peak
hours for the projected future -year traffic volumes projected by Jacobs using Sidra software for the
proposed roundabout intersections.
• Advise of appropriate lane configurations, horizontal geometry, radius, etc. to include each of the
three planned roundabouts.
• Advise on appropriate pavement markings and signing for roundabouts.
• Review preliminary roundabout plans by Jorgensen & Associates before submitting to City officials.
• Review final design of each of the three roundabouts by Jorgensen & Associates and before they
submit to the City to obtain approval of plans from City officials.
COMPENSATION
The fee to provide the completed Scope of Services for the Traffic Signal Warrants Study is 4 000.00.
This fee will be Lump Sum Compensation for the services herein described will be inclusive of
reimbursable expenses associated with conduct of the study.
The fee to provide the completed Scope of Services for traffic signal design is $13,000.00 for the
intersection of Martin Luther King Jr. Boulevard and Rupple Road. This fee will be Lump Sum
Compensation for the services herein described will be inclusive of reimbursable expenses associated with
the design.
The fee to provide the completed Scope of Services roundabout design assistance is 3 0$ , 00.00 per
intersection for a total of 9 000.00. This fee will be Lump Sum Compensation for the services herein
described will be inclusive of reimbursable expenses.
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 4 of 6
Any additional services for agency review meetings, changes in scope due to corridor and intersection plan
changes or other access parameters, will be invoiced on an hourly basis in accordance with the attached fee
schedule.
Consultant's Taxpayer ID Number is 74-2455498
CONSULTANT SCHEDULE OF CONDITIONS
By acceptance of this contract or the initiation of work, the independent professional Consultant agrees to
the following terms and conditions:
RESPONSIBILITY - Consultant agrees to provide services as set forth in the Scope of Services and that if
modifications to the Scope of Services are warranted, Consultant will, prior to acceptance of the contract,
make modifications to the mutual satisfaction of Consultant and Jorgensen & Associates. Consultant
further agrees that the services will conform to all applicable laws, codes, ordinances and regulations of any
governmental agency having jurisdiction over this project and will be performed in an expeditious manner
to meet the agreed upon schedule.
CONFIDENTIALITY - Consultant agrees that all information provided and produced for this project is to
be considered confidential information. Consultant shall not disclose information including, client's name,
documents, specifications or use of the proposed development, except to the minimum extent possible as
required for dealing with regulatory agencies, and then only as specifically authorized by Jorgensen &
Associates.
INDEMNIFICATION - The Consultant, to the fullest extent of the law, agrees to indemnify and hold
harmless Jorgensen & Associates and their agents, employees and representatives from and against any and
all liabilities, costs, damages or expenses incurred by virtue of any claim or claims whatsoever filed by any
third parry arising from the work performed under this contract by the Consultant.
INSURANCE - The consultant shall own and maintain insurance coverage for the duration of the project
and in the amounts not less than the following:
Worker's Compensation Statutory Amount
General Liability $1,000,000
Employer's Liability $1,000,000
Professional Liability $1,000,000
A Certificate of Insurance shall be provided Jorgensen & Associates.
COMPENSATION - Consultant shall submit one invoice for the Lump Sum fee upon completion of work
for the traffic signal warrants study, and one Lump Sum fee upon completion of work for the traffic signal
design and one lump sum fee upon completion of roundabout design assistance. Jorgensen & Associates
shall make final payment within thirty (30) days from the date of each invoicing. Acceptance of payment of
Consultant shall constitute a waiver of all claims by Consultant. Any additional services for agency review
meetings, changes in scope due to corridor plan changes or other access parameters, will be invoiced on an
hourly basis in accordance with the attached fee schedule.
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 5 of 6
OWNERSHIP OF DOCUMENTS - All documents and materials furnished by Jorgensen & Associates
shall remain the property of the provider. Any reuse without written agreement is prohibited.
ACCEPTED:
Peters & Associates Engineers, Inc.
By:
Ernest J. Peters
Title: President
Date: 4-18-2014
Jorgensen & Associates
By:
UU
Title: VP Date: 4 -18 - 2 014
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 6 of 6
Hourly Fee Schedule
PETERS & ASSOCIATES ENGINEERS, INC.
Classification Hourl,, Rate_
Principal Engineer $151.00
Project Engineer $125.00
Senior Engineering Tech $85.00
Draftsman $55.00
Secretary $45.00
These rates include all direct and indirect payroll cost, overhead, and profit.
Other direct expenses not included in the above rates, include out of pocket materials and services will be
billed at actual cost. Common items billed under this heading include: printing and photographic work,
special delivery services, laboratory testing, special equipment rental, and subsistence expenses. Vehicle
mileage is billed at a rate of $0.505 per mile beginning from Consultant's offices to job/project site and
back to the consultant's offices. Aircraft travel, car rental, and other similar travel expenses shall be
billed at actual invoice amount.
RT
water resources i environmental consultants 24 W Sunbridge Drive, Suite 3 * Fayelteu e, AR 727G3 - (479) 57I -3334 a FAX 791557 f 1- 3338
April 16, 2014
Via email: blake@jorgensenassoc.com
Mr. Blake Jorgensen, PE, CFM
Jorgensen & Associates, Inc.
124 W. Sunbridge, Suite 1
Fayetteville, AR 72703
RE: Proposal for Rupple Road Extension Floodplain Services,
City of Fayetteville, AR
FTN No. P05289-0587-001
Dear Mr. Jorgensen:
FTN Associates, Ltd. (FTN) appreciates the opportunity to submit the following proposal to
provide professional floodplain consulting services related to the proposed Rupple Road
Extension project located west of I-540, from Owl Creek School near Persimmon Street
southward to Martin Luther King Boulevard in Fayetteville, AR (the Project).
Our Basic Services will generally consist of performing wetlands and Section 404 services
including preparation of an Individual Permit to the U.S. Army Corps of Engineers (Corps),
performance of hydrologic and hydraulic modeling, and performance and documentation of
No -Rise analyses, as applicable, to support design of three stream crossings and satisfy City of
Fayetteville requirements for regulatory floodplain compliance, all as set forth in the printed
Scope of Work for Basic Services (Exhibit A) and subject to the Standard Terms and Conditions
(Exhibit B) which are attached to this letter. We will also furnish such Additional Services as
you may request.
You are expected to furnish us with full information as to your requirements including any
special or extraordinary considerations for the Project or special services needed and also to
make available all pertinent existing data. In addition, we request that you provide information
concerning the potential health and/or physical hazards present at the project site to which FTN
employees could be exposed. This information (i.e., Material Safety Data Sheets, etc.) is needed
to ensure FTN's compliance with the OSHA Hazard Communication Standard.
You will pay us for our Basic Services a lump sum fee of $57,000 for services rendered by our
principals and employees engaged directly on the Project. Any Additional Services will be
Corporate Office. 3 trrnwood Circle, Suite 220 , Little Rock, AR 72211,.1 501 l 22 -7779» Fax ( s01) 22 -673
Regi,on a _ oos. Fayetteville> AR, aafon:Rokige, LA. Jackson,, iS • v4,v.ftn-assoc.com - ftn@ftt)-assoc.com
Mr. Blake Jorgensen, PE, CFM
April 16, 2014
Page 2
charged on the basis of time and materials using the Client Rates in Exhibit C. Additional
Services will be approved by you prior to proceeding.
We will bill you monthly for Services and Reimbursable Expenses on the basis of a percentage
of the lump sum fee for services completed with invoices to be paid within 30 days. The above
financial arrangements are on the basis of prompt payment of our bills and the orderly and
continuous progress of the Project.
If there are protracted delays for reasons beyond our control, we would expect to negotiate with
you an equitable adjustment of our compensation taking into consideration the impact of such
delays including but not limited to changes in price indices and pay scales applicable to the
period when services are in fact being rendered.
This proposal, which includes Exhibits A, B, and C consisting of eight pages, represents the
entire understanding between you and us in respect of the Project and may only be modified in
writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement,
we would appreciate your signing the enclosed copy of this letter in the space provided below
and returning it to us. This proposal will be open for acceptance until May 31, 2014 unless
changed by us in writing.
Thank you very much for the opportunity to present this proposal. Please do not hesitate to call
me or Beth Breed, PH, CFM if you have any questions relating to this proposal or additional
services offered by FTN.
Respectfully submitted, Accepted this 17th day
FTN ASSOCIATES, LTD. of April 92014
Y
Travis B. Scott, PE, CFM By
Project Manager dorgensen
thorized Representative
& Associates
S:\PROPOSALS\05289-0587-001\PINAL\P-B JORGENSEN 2014-04-16.DOCX\�'
Exhibit A
Scope of Work for Basic Services
Rupple Road Extension Floodplain Services
Jorgensen & Associates
City of Fayetteville, Arkansas
Attached to and made a part of the Letter Agreement dated April 16, 2014 between FTN
Associates, Ltd. (FTN) and Jorgensen & Associates (the Client) in respect to the project
described therein. The project description, the specific task and assumptions are summarized
below.
PROJECT DESCRIPTION
FTN will gather topographic data from publicly available sources and, as needed, existing
Federal Emergency Management Agency (FEMA) data for three streams with regulatory
floodplain (study streams) along the project extent. The study streams are: Owl Creek Tributary
1, Owl Creek Tributary 2, and North Fork Farmington Branch. FTN will perform hydrologic and
hydraulic analyses of existing and proposed project conditions, analyze the results for the
potential for achievement of No -Rise in the floodplain for the proposed project conditions, and
prepare supporting documentation for the City of Fayetteville, including results of the No -Rise
analysis. FTN will also perform wetland/Section 404 services associated with the proposed
project including review of background information, delineation of Section 404 wetlands and
other waters, and preparation of a Section 404 Individual Permit Application to the US Army
Corps of Engineers (Corps). FTN will perform associated project coordination with the Client
and the City of Fayetteville, not to include more than one meeting with the City and one meeting
with the public.
TASK 1 - DATA GATHERING AND PROCESSING
TASK 1 FEE: $2,800
• FTN will thoroughly review and utilize data already obtained from FEMA, if applicable
and correct, and will gather additional information as needed.
• FTN will utilize the current topographic data available from the City of Fayetteville or
other public agencies for the project area.
• FTN will process the topographic data for use in hydrologic and hydraulic modeling and,
if applicable, limited floodplain mapping.
TASK 2 - HYDROLOGIC MODELING
TASK 2 FEE: $8,800
FTN will utilize the hydrologic analyses available for the three study streams in the
project area and update to the current conditions (additional development within the
basins) or develop new detailed hydrologic analyses, generally reflecting existing
conditions at the time the topographic data was acquired from the field. The hydrologic
analyses will include development of peak discharges for the 10-, 2-, 1-, and 0.2-percent-
annual-chance (10-, 50-, 100-, and 500-year) flood events for the Project Area. City of
Fayetteville drainage report data will be referenced to develop discharges along North
Fork Farmington Branch. If this information is not available, additional services will be
required to develop detailed discharge information.
TASK 3 - HYDRAULIC MODELING
TASK 3 FEE: $24,600
• FTN will incorporate field survey provided by the Client and topographic data processed
in Task 1 to prepare the detailed hydraulic models for the three study streams in the
project area, for 10-, 50-, 100-, and 500-year flood events based on existing conditions.
Geometric data downstream of the project area will be based upon data within existing
hydraulic models acquired from FEMA where available, augmented by topographic data
processed in Task 1 if required.
• FTN will update the detailed hydraulic models for the specified frequency events based
on the proposed conditions for not more than two design scenarios provided by the Client
at each of the three stream crossings. Analysis -of any additional scenarios will be
considered Additional Services.
• FTN will analyze the proposed structures for the potential to achieve no -rise for 1-
percent-annual-chance encroached and unencroached floodplain for the three study
streams.
TASK 4 — NO -RISE ANALYSIS
TASK 4 FEE: $4,800
• Prepare documentation of No -Rise Analysis for a single selected design scenario for each
of the three study stream crossings based upon Task 3 results, for submittal to the Client
and the City of Fayetteville.
• Address comments received, if any, from the Client and the City of Fayetteville.
Prepare documentation for the City of Fayetteville to provide to property owners, if
applicable, regarding changes in Base Flood Elevations associated with the proposed
project. This does not include preparation of any data to submit to FEMA or any
coordination time with the City of Fayetteville or property owners to discuss results.
Additional efforts beyond preparation of documentation will be deemed Additional
Services.
TASK 5 - WETLAND / SECTION 404 SERVICES
TASK 5 FEE: $11,850
Identify and review site -specific background information pertinent to the Project site, to
include but not limited to: (1) site specific information obtained from US Army Corps of
Engineers (Corps), (2) Soil Conservation Service's Soil Survey for Washington County,
Arkansas, (3) Natural Resources Conservation Service (MRCS) hydric soils list for
Washington County, Arkansas, (4) appropriate USGS topographic quadrangle map,
(5) Corps file materials relating to adjacent properties, if any, that might provide useful
information specific to this project, and (6) site -specific materials provided by the Client
regarding the subject property. Address comments received, if any, from the Client and
the City of Fayetteville.
Perform onsite field investigations to identify boundaries and extent of wetlands and
other waters of the US having potential US Army Corps of Engineers (Corps) jurisdiction
under Section 404 of the Clean Water Act at the project site. Wetland boundaries will be
placed on a topographic base map suitable for Corps submittal and wetland acreage will
be determined. The methods used in conducting the delineation will follow the
1987 Corps of Engineers Wetlands Delineation Manual and the 2010 Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains
and Piedmont Region, i.e., detailed observations will be made on vegetation, hydrology,
and soils. This task includes written documentation of the findings, which will be
submitted to the Client. The documentation will include a completed Corps wetland field
data form for each data collection point; maps showing boundaries of potential
Section 404 wetlands and locations and extent of other waters of the US under potential
Corps jurisdiction; expository text that characterizes the nature of potentially Corps
regulated tributary and drainage channels, in addition to wetland/non wetland areas; and
representative photos of project site features. Two copies of a draft delineation report will
be submitted to the Client for review. Within 7 days of receipt of review comments from
the Client, FTN will submit two revised copies of the wetland delineation report to the
Client.
Assuming the project will be authorized under an Individual Permit (IP), FTN will
prepare an IP application regarding proposed impacts to potentially jurisdictional Section
404 features within the project area. FTN will utilize site plan drawings provided by the
Client in preparation of the individual permit application. The individual permit
application will include a site plan, an alternatives analysis, and will identify potential
mitigation strategies/options. The individual permit application package will include the
completed delineation of the site. Two copies of the draft individual permit application
will be sent to the Client for review. Within 7 days of receipt of review comments from
the Client, FTN will submit two revised copies of the individual permit application to the
Client. FTN will then submit the IP application package to the Corps, Little Rock District
for approval. This task will be completed within 90 days following notice to proceed.
• FTN will conduct coordination of wetland/Section 404-related project issues with the
Client and the Corps. In addition, FTN will provide a coordination letter to the US Fish
and Wildlife Service (USFWS) regarding potential threatened and endangered species
issues and a coordination letter to the State Historic Preservation Office (SHPO)
requesting project clearance regarding cultural resource issues.
TASK 6 — COORDINATION
TASK 6 FEE: $4,150
• Attend up to three meetings with the Client, one to initiate the hydraulic analysis portion
of the project and review the proposed structure design, one to discuss results of the
hydraulic analysis and agree upon final design, and the third to deliver documentation of
the draft No -Rise Analyses.
• General project coordination including progress reports, project emails and telephone
calls with Client, other consultants and the City of Fayetteville.
Project Timeline:
• Complete field reconnaissance and delineation of wetlands within 30 days following receipt
of notice to proceed.
• Complete existing conditions hydrologic and hydraulic analyses within 30 days following
receipt of field survey data.
• Submit Individual Permit application to the Corps, Little Rock District for approval within 90
days following notice to proceed.
• Complete hydraulic analyses of proposed conditions including analysis of potential for no -
rise within 30 days following receipt of proposed design scenarios.
• Complete and submit documentation of No -Rise to the Client within 30 days following
selection of single design scenario by the Client.
• Respond to comments by the Client or the City of Fayetteville within 14 days of receipt of
review comments.
Assumptions:
• The Client, and City of Fayetteville will provide FTN detailed survey data, topographic data,
and other supporting information for the Project Site in a timely fashion. FTN will start our
services promptly after receipt of this information.
• FTN will use existing hydraulic modeling, where available, for the downstream reaches of
study streams.
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April 22, 2010
EXHIBIT B
Standard Terms and Conditions
For FTN Contracts
Standard of Care The services provided by FTN shall be performed in accordance with
generally accepted professional practice at the time when and the place where the services
are rendered.
2. Independent Contractor FTN is an independent contractor and not an employee or agent of
CLIENT. CLIENT is not responsible for any of its activities. Any taxes, licenses, permits,
required filing of forms or any other conditions imposed upon or required to render FTN
Services shall be satisfied by FTN at FTN's expense.
Insurance FTN shall procure and maintain insurance for protection from claims under
workers' compensation acts. FTN shall procure and maintain liability insurance against
claims based on FTN's negligence for damages because of bodily injury including personal
injury, sickness or disease or death of any and all employees or of any person other than
such employees, and from claims or damages based on FTN's negligence because of injury
to or destruction of property including loss of use resulting therefrom.
4. Indemnification
a. FTN does hereby indemnify and save harmless CLIENT from and against any and all
liability and claims of liability of any and every kind and nature, including without
limitation bodily injury, death and property damage, arising out of any negligent act
by FTN, and FTN, at FTN's sole expense, shall handle all such claims, defend all
lawsuits filed against CLIENT therein, and reimburse CLIENT in cash for all
reasonable expense incurred by CLIENT on account thereof, provided, that if
CLIENT elects to retain independent counsel, FTN shall reimburse CLIENT for all
costs reasonably incurred by CLIENT to defend itself through attorneys of CLIENT's
choice. There is hereby excepted from the foregoing any and all liability and claims
of liability solely attributable to acts of CLIENT's direct payroll employees, and there
is hereby further excepted from the foregoing any and all liability and claims of
liability for environmental pollution which are not the result of negligence on the part
of FTN in FTN's performance of this contract.
b. CLIENT does hereby indemnify and save harmless FTN from and against any and all
liability and claims of liability of any and every kind and nature including without
limitation bodily injury, death, property damage and claims for environmental
pollution which are not the result of negligence on the part of FTN in FTN's
performance of this contract, and CLIENT, at CLIENT's sole expense, shall handle
all such claims, defend all lawsuits filed against FTN on account thereof, pay all
judgments rendered against FTN therein, and reimburse FTN in cash for all
reasonable expense incurred by FTN on account thereof, provided, that if FTN elects
to retain independent counsel, CLIENT shall reimburse FTN for all costs reasonably
incurred by FTN to defend itself through attorneys of FTN's choice.
5. Electronic Deliverables Any use or reuse of original or altered computer files by CLIENT
or others without written verification by FTN for purposes other than for the specific
purpose intended will be at CLIENT's risk and full legal responsibility. Furthermore,
CLIENT will, to the fullest extent permitted by law, indemnify and hold FTN harmless
from any and all claims, suits, liability, demands, or costs arising out of or resulting
therefrom. Any verification of such adaptation by CLIENT will entitle FTN to additional
compensation at the then current rate.
The submitted data files are intended to work only as described. The files are compatible
only with the software and operating platform described. FTN makes no warranty as to the
compatibility of these files for versions of the software other than for those stated. FTN is
not responsible for uses of the data outside of or beyond the scope of the Agreement.
Because data stored on electronic media can deteriorate undetected or can be modified
without FTN's knowledge, CLIENT agrees that FTN will not be held liable for the
completeness or correctness of the electronic media, with respect to its originally intended
use as defined in the agreement, after an acceptance period of 30 days after delivery of the
electronic files. FTN stands by the accuracy of sealed drawings that accompany submittals.
The electronic files are submitted to CLIENT for a 30-day Acceptance Period. During this
period, CLIENT may review and examine these files; any errors, relative to the intended
use of the files, detected during this time will be corrected by FTN as part of the basic
agreement. Any changes requested after the Acceptance Period will be considered
additional services to be performed on a time and materials basis, at the then current rates
plus terms and conditions.
6. Termination This agreement may be terminated at any time, for any cause by either party
upon thirty days written notice to the other party. In such event, CLIENT shall forthwith
pay FTN in full for all work previously authorized and performed prior to effective date of
termination. If no notice of termination is given, relationships and obligations created by
this Agreement shall be terminated upon completion of all applicable requirements of this
Agreement. Notwithstanding the termination or expiration of this agreement, the
indemnities provided in paragraph 4 hereof shall survive and remain in full force and
effect.
7. Assignment This Agreement shall not be assigned by FTN to any other party unless prior
written approval is obtained from CLIENT. This Agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
8. Limit of Liability It is understood that any and all professional liabilities incurred by FTN
throughout the course of rendering professional services on this Project shall be limited to a
maximum of the net fee received by FTN, not including reimbursable expenses and
subconsultants, for all services rendered on the Project.
9. Confidentiality of Information No information concerning this Project shall be released by
FTN.
10. Precedence These Standard Terms and Conditions shall take precedence over any
inconsistent or contradictory provisions contained in any proposal, contract, purchase
order, requisition notice to proceed, or like document regarding FTN's services.
11. Severability If any of these Standard Terms and Conditions shall be finally determined to
be invalid or unenforceable in whole or part, the remaining provisions hereof shall remain
in full force and effect, and be binding upon the parties hereto. The parties agree to reform
this Agreement to replace any such invalid or unenforceable provision with a valid and
enforceable provision that comes as close as possible to the intention of the stricken
provision.
12. Survival These Standard Terms and Conditions shall survive the completion of the services
under this Agreement and the termination of this Agreement for any cause.
13. Controlling Law This Agreement is to be governed by and construed in accordance with
the laws of the State of Arkansas.
EXHIBIT C
2014 Fee Scheduler
FTN Associates, Ltd.
Labor Category Hourly
Professional 7
$ 180.00
Professional 6
163.00
Professional 5
145.00
Professional 4
125.00
Professional 3
112.00
Professional 2
97.00
Professional 1
87.00
Technician 4
89.00
Technician 3
75.00
Technician 2
67.00
Technician 1
51.00
Executive Assistant
67.00
Word Processing
57.00
Direct Expenses
All direct project expenses will be invoiced at cost plus 10 percent. Direct project expenses
include such items as travel, meals, lodging, shipping, supplies, consultants, subcontractors, etc.
Vehicle mileage will be charged at standard IRS rates.
A charge of 2 percent is applied to the total labor amount to cover communication charges and
computer expenses associated with computer applications, data storage and backup.
Should back-up data be requested for reimbursable expenses, it will be provided for an
administrative fee.
Payment Terms
Unless other arrangements are made in writing invoicing will be monthly for services completed.
Payment is due in full within 30 days of invoice. A service charge of 1.5 percent per month will
be charged on all balances over 30 days.
'Effective January 1, 2014 — December 31, 2014
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
JORGENSEN & ASSOCIATES, INC.
THIS AGREEMENT is made as of KAD U . 2014, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor ereinafter called CITY OF FAYETTEVILLE) and JORGENSEN &
ASSOCIATES, INC. (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 capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and JORGENSEN & ASSOCIATES, INC. in consideration of their mutual covenants
agree as follows:
JORGENSEN & ASSOCIATES, INC. 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 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 CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the
engineering services.
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 1
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
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 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 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 Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $382,500. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
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
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 2
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 study and report 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:
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
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 3
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
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. CITY OF FAYETTEVILLE will promptly report to
ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF
FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the
consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its
damages caused by any negligence of 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 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 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,
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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.
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 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 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take
over the work and may award another party an agreement to complete the work under this
Agreement.
6.5.7 If, after termination for failure of 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 6.5.4 of this
clause.
6.6 Delays
6.6.1 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
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 5
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 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 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court
of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been
complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence
of any incident, action, or failure to act upon which a claim is based, the party seeking
relief shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give 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 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
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
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 6
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
6.11.1 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, CAD drawings,
estimates, field notes, and project 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
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:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 7
JORGENSEN & ASSOCIATES, INC. address:
124 W Sunbridge Suite 5
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
6.14.1 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
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 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.
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.
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 8
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and 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. 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 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.
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 9
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 unders anding for a commission,
percentage, brokerage or continent fee, excepting bona !' a 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, 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 7.5.1, 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.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of
subcontractors and sub -consultants, prepared while performing City contractual work are
subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act
request is presented to the CITY OF FAYETTEVILLE, 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.
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 10
CITY OF FAYETTEVILLE, ARKANSAS
i
op
By .
Mayor, Lioneld Jorda
ATTEST:
By:
City Clerk
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FAYE •m—
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JORGENSEN & ASSOCIATES, INC.
B:
Blak rge s
Title: Vice President
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Draft Standard Contract - Professional Engineering Services - 02.21.13.doc 11
EXHIBIT A
RUPPLE ROAD FROM MARTIN LUTHER KING 1R BLVD TO PERSIMMON ST.
SCOPE OF SERVICES
1.0 Surveying
All necessary surveying to develop parcel ownership, right-of-way, legal descriptions, exhibits, and
survey data necessary for design and development of construction plans, No -Rise Analysis, Wetland
Delineation Documentation.
2.0 Environmental Services
Wetland Services for entire proposed road extension (tasks to include coordination with USACE,
wetland delineation and Individual Permit application preparation).
3.0 Design Services
Design services for the entire alignment of Rupple Road (development of construction plans with
profiles, cross sections, typical details, incorporation of detailed structures at crossings from No -Rise
analysis, all storm drainage design and analysis (drainage report included), storm drain profiles,
Storm Water Pollution Prevention Plan, intersection details).
The preliminary design phase submittal will include preliminary plan and profile sheets showing
horizontal and vertical geometry, right-of-way, drainage improvements, sidewalks, preliminary
construction cost. The preliminary design phase will represent approximately 60 percent of final
construction contract plans.
Final design will commence once preliminary design is approved by the City of Fayetteville. The
Engineer will furnish plans to AHTD for their review and comment, plans and specifications will not
be in AHTD standard format. The City of Fayetteville shall furnish standard construction contract,
unless the City of Fayetteville wants Engineer to supply one. The City of Fayetteville will furnish
standard technical specifications for incorporation into the construction contract documents. The
Engineer shall provide special provisions, supplementary conditions, and other such documents to
fully define the project.
4.0 Traffic Studies, Signalization Design, Roundabout Design
Traffic signal warrants study for the intersection of Martin Luther King Jr. Boulevard and Rupple
Road. Lane configurations and horizontal geometry to be included in the Rupple Road
improvements at the study intersection. Written report describing analysis procedures, findings and
recommendations, supported by data and calculations. Prepare final traffic signal design and
necessary detail sheets. Use AHTD and City of Fayetteville Standard Specifications, addendums and
necessary special provisions. Prepare construction cost estimate. Obtain traffic signal permit from
AHTD. Lane configurations, horizontal geometry, radius, etc. to include each of the three planned
roundabout study intersections. Appropriate pavement markings and signing for roundabouts.
5.0 No -Rise Analysis
Owl Creek Tributary 1
Owl Creek Tributary 2
North Fork Farmington Branch
6.0 Bidding Services
Jorgensen & Associates will assist the City in the evaluation process by participating in interview
meetings with prospective contractors, initial and final, prepare unit price schedule for bidding,
prepare Bid Tab Results.
7.0 Construction Phase Services
Jorgensen & Associates will assist the City in inspections of the site work to ensure site work
complies with plans and specifications, provide Construction Control, and "As -Built" Plans.
8.0 Project Deliverables
The following will be submitted to the City of Fayetteville, or others as indicated, by Jorgensen &
Associates:
1. Two hard copies along with a pdf set of surveys set (Legal Descriptions for Right -of -Way
acquisitions and individual exhibits for each property acquisition).
2. Two hard copies along with a pdf set of the Preliminary Design.
3. One hard copy along with a pdf set of Preliminary Plans to each potentially affected utility
company.
4. Two hard copies along with a pdf set of the Final Design.
5. One hard copy along with a pdf set of the Final Design to each potentially affected utility
company.
6. One hard copy along with a pdf set of the Final Design to the AHTD.
7. Three copies and one pdf of the Final Plans and Specifications to the Contractor.
8. Hard copy and PDF of No -Rise Studies.
9. Hard copy and PDF of Environment Studies.
10. Hard copy and PDF of Drainage Reports.
11. Hard copy and PDF of "As -Built" Plans.
9.0 Extra Work
The following items are not included under this agreement, but will be considered as extra work:
1. Redesign for the City's convenience or due to changed conditions after prior approval or
conflicting direction from the City.
2. Pavement Design beyond that furnished in the Geotechnical Report.
3. Design of any utilities relocation.
4. Bridge or other significant structural design.
5. Street lighting or other electrical design beyond that required for traffic signalization.
6. Construction materials testing.
7. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
8. Landscape Designs above standard tree plantings.
9. Construction Stake -out.
10. Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as
agreed upon by the City of Fayetteville and Jorgensen & Associates.
10.0 Schedule
Jorgensen & Associates will begin work under this Agreement within ten (10) days of a Notice to
Proceed and will complete the work in accordance with the schedule below:
1.0 Surveying: 60 Days
2.0 Environment Services: Wetland Delineation & Individual Permit Application Submittal: 90 Days
3.0 Design Services:
3.1 Preliminary Design Phase (60% Set): 120 Days from Notice to Proceed.
3.2 Final Design Phase (100% Set): 90 Days from 60% Set Approval from City of Fayetteville.
4.0 Traffic Studies, Signalization Design, Roundabout Design:
4.1 Traffic Study: 30 days from notice to proceed.
4.2 Signalization Design: 45 days from receiving base drawings.
4.3 Roundabout Design/Analysis: 90 days.
5.0 No -Rise Analysis: 30 days from Preliminary Design Phase approval.
11.0 Compensation
Payment for services rendered by Jorgensen & Associates and their Subconsultants shall be for a
maximum not to exceed amount of $382,500. Jorgensen & Associates will bill the City of Fayetteville
as according to the schedules and fee summary as found in Appendix B; all Subconsultant bills must
be received 10 calendar days prior to the last Friday of the month in order to be included in
Jorgensen & Associates' invoice to the City of Fayetteville for that month. Payment to the
Subconsultant will be made within 10 days of receiving payment from the City of Fayetteville.
Appendix B
RUPPLE ROAD FROM MARTIN LUTHER KING JR BLVD TO PERSIMMON ST.
Jorgensen & Associates Hourly Rate Schedule
• Senior Project Engineer: $150/hr
• Project Engineer: $125/hr
• Senior CADD Technician: $85/hr
• CADD Technician: $70/hr
• Principal Land Surveyor: $125/hr
• Two Person Field Crew w/Total Station: $120/hr
• Three Person Field Crew w/Total Station: $160/hr
• Two Person Field Crew Utilizing GPS: $140/hr
• Three Person Field Crew Utilizing GPS: $180/hr
• Construction Supervisor: $75/hr
Fee Summary
1.0 Surveying: $30,000.
2.0 Environmental Services: $11,850.
3.0 Design Services
3.1 $96,000 for Preliminary Design Phase.
3.2 $144,000 for Final Design Phase.
4.0 Traffic Studies, Signalization Design, Roundabout Design: $26,000.
5.0 No -Rise Analysis: $45,150.
6.0 Bidding Services: $4,500.
7.0 Construction Phase Services: $25,000.
APPENDIX R - RUPPLF ROAD FROM MARTINI I ITHEP xl Nr: IR n1 vn Tn DCOCIN-A-1 <T
Category
Principal Land
Surveyor
Two Person Field Crew
wTotalStation
Three Person Field
CrewwTot- IStation
Two Person Field
Crew wGPS
Three Person Field
Crew wGPI
Senior CADD
Technician
CADD
Technician
Senior Project
Engineer
Project Engineer
Construction
Supervisor
1.0 Surveying
Research Property Owners/Deeds/Surveys
6
8
Draw Deed Boundaries
2
8
10
Field Locate Survey Elements for Boundaries
30
Mark CL & Cross Section every 50'
40
Cross Sections for No -Rise Analysis
12
16
Topo Intersection of Tie in points (MLK-Rupple)
12
CADD to process Topo & Boundary
8
10
CADD to create Boundaries & ROW
12
50
I
Survey Review of base file -ROW.
20
30
Subtotal Hours
Subtotal Surveying
28
$ 3,500.00
54
$ 6,480.00
0
$ -
16
$ 2,240.00
40
$ 7,200.00
66
$ 5,610.00
70
$ 4,900.00
0
$
0
$ -
$
Subtotal Of Surveying Services $ 29,930.00
Non -Labor Costs
Printing/Reproduction
$ 50.00
Postage/Courier
$ 20.00
Travel Costs
$ -
Subtotal of Non -Labor Costs
$ 70.00
Total Not -To -Exceed for Surveying
$ 30,000.00
a - Dmm c Rnen cRnM MARTIN I IIT14FR KING 1R RLVn TO PERSIMMON ST
Principal Land
Two Person Field Crew
Three Person Field
Two Person Field
Three Person Field
Senior CARD
CADD
Senior Project
Project Engineer
Construction
Category
Surveyor
w Total Station
Crew w Total Station
Crew w GPS
Crew w GPS
Technician
Technician
Engineer
Supervisor
3.1 Design Services (Preliminary Design Phase)
Plan & Profile
60
60
24
60
Draw Intersections -Roundabouts
40
40
24
60
Drainage Study
40
80
Drainage Profiles & Median Drainage
24
24
40
Cross Sections
0
0
Coordinate/Incorporate No -Rise Analysis
16
16
8
Coordinate/Incorporate Traffic Designs
10
16
8
Storm Water Pollution Prevention Plan
8
6
8
8
Sidewalks&Trails
10
8
4
8
Specifications
8
16
Meetings/Coordination
16
Quality Control Review
24
Details
0
0
0
0
Signage & Striping
8
8
4
12
Coordination with Geotech, Utilities, etc
1 8
16
Subtotal Hours
01
0
0
0
01
1761
1221
216
316
0
Subtotal Design Services
$
1 $ -
$ -
$ -1
$
1 $ 14,960.00
$ 8,540.00
1$ 32,400.00
$ 39,500.00
$ -
Subtotal of Services $ 95,400.00
Non -Labor Costs
Printing/Reproduction
$ 450.00
Postage/Courier
$ 100.00
Travel Costs
$ 50.00
Subtotal of Non -Labor Costs
$ 600.00
Total Not -To -Exceed for 3.1 Preliminary Design Phase 1 $ 96,000.00
APPENDIX B- RUPPLE ROAD FROM MARTIN LUTHER KINr; IR RI vn Tn PFRCIMMnN cT
Category
Principal Land
Surveyor
Two Person Field Crew
w Total Station
Three Person Field
Crew w Total Station
Two Person Field
Crew w GPS
Three Person Field
Crew w GPS
Senior CADD
Technician
CADD
Technician
Senior Project
Engineer
Project Engineer
Construction
Supervisor
3.2 Design Services (Final Design Phase)
Plan & Profile
80
60
52
80
Draw Intersections -Roundabouts
40
40
36
60
Drainage Study
40
80
Drainage Profiles & Median Drainage
8
24
56
Cross Sections
24
20
20
48
Coordinate/Incorporate No -Rise Analysis
10
16
16
Coordinate/Incorporate Traffic Designs
10
16
16
Storm Water Pollution Prevention Plan
8
8
8
16
Sidewalks&Trails
16
16
8
16
Specifications
16
16
Meetings/Coordination
16
4
Quality Control Review
40
40
Details
24
24
12
30
Signage & Striping
8
8
16
Coordination with Geotech, Utilities, etc
18
16
Subtotal Hours
0
0
0
0
J..$
228
168
320
510
0
Subtotal Design Services
$
$
$
$
$
19,380.001
$ 11,760.00
$ 48,000.00
$ 63,750.00
$
Subtotal of Services $ 142,890.00
Non -Labor Costs
Printing/Reproduction
$ 960.00
Postage/Courier
$ 100.00
Travel Costs
$ 50.00
Subtotal of Non -Labor Costs
$ 1,110.00
Total Not -To -Exceed for 3.2 Final Design Phase 1 $ 144,000.00
n uI loos c —An FRnnA MARTIN 11 ITNFR WINr: IR RI Vn Tr) RFRCIMMr)N ST
Category
Principal Land
Surveyor
Two Person Field Crew
w Total Station
Three Person Field
Crew w Total Station
Two Person Field
Crew wGPS
Three Person Field
CrewwGPS
Senior CADD
Technician
CADD
Technician
Senior Project
Engineer
Project Engineer
Construction
Supervisor
6.0 Bidding Services
Preliminary
5
Final
8
12
Subtotal Hours
01
0
0
0
0
0
0
11
20
0
Subtotal Design Services
$
$
$
$
$
$ -
$
$ 1,950.00
$ 2,500.00
$ -
Subtotal of Services $ 4,450.00
Non -Labor Costs
Printing/Reproduction
$ 50.00
Postage/Courier
$
Travel Costs
$
Subtotal of Non -Labor Costs
$ 50.00
Total Not -To -Exceed for 6.0 Bidding Services 1 $ 4,500.00
APPENDIX B - RUPPLE ROAD FROM MARTIN LUTHER KING 1R BLVD TO PERSIMMON ST
Category
Principal Land
Surveyor
I Two Person Field Crew
w Total Station
Three Person Field
I Crew w Total Station
Two Person Field
I Crew w GPS
Three Person Field
Crew w GPS
Senior CADD
I Technician
CADD
I Technician
Senior Project
I Engineer
Project Engineer
Construction
Supervisor
7.0 Construction Phase Services
Field Observation
200
Set Construction Control
8
"As -Built" Survey
24
"As -Built" Plans
4
28
4
24
Subtotal Hours
4
32
0
0
0
0
28
4
20
200
Subtotal Design Services
$ 500.00
$ 3,840.00
$ -
$ -
$ -
$ -
$ 1,960.00
$ 600.00
$ 2,500.00
$ 15,000.00
Subtotal of Services $ 24,400.00
Non -Labor Costs
Printing/Reproduction
$ -
Postage/Courier
$
Travel Costs
$ 600.00
Subtotal of Non -Labor Costs
$ 600.00
Total Not -To -Exceed for 7.0 Construction Phase Services 1 $ 25,000.00
ENGINEERS, IN(-,'.
J
April 18, 2014
Mr. Blake Jorgensen, P.E.
Jorgensen & Associates
124 West Sunbridge
Suite 5
Fayetteville, AR 72703
Re: P1695
Proposal for Engineering Services
Traffic Signal Warrants Study
Traffic Signal Design
Roundabout Analysis and Design Assistance
Rupple Road, from Martin Luther King Jr. Boulevard to Just South of Persimmon Street
Fayetteville, Arkansas
Dear Mr. Jorgensen:
CONTRACT FOR CONSULTANT SERVICES
Peters & Associates Engineers, Inc. (Consultant) agrees to provide Jorgensen & Associates with Traffic
Engineering services in conjunction with the referenced project regarding intersection analysis and
recommended design along the City -planned Rupple Road corridor (to include extension, connections,
widening, etc.) from Martin Luther King Jr. Boulevard to just south of Persimmon Street in Fayetteville,
Arkansas. Peters & Associates Engineers, Inc. also agrees to provide Jorgensen & Associates with Traffic
Engineering services in conjunction with traffic signal design for the intersection of Rupple Road and
Martin Luther King Jr. Boulevard. Additionally, Peters & Associates Engineers, Inc. agrees to provide
Jorgensen & Associates with roundabout analysis and design assistance for the following intersections:
• Rupple Road and future Alberta Street Extension
Rupple Road and two future Master Street Plan (MSP) collector streets between the future Alberta
Street Extension and Persimmon Street.
In accordance with the attached Consultant Schedule of Conditions, the following Scope of Services will be
performed:
SCOPE OF SERVICES — TRAFFIC SIGNAL WARRANTS STUDY
We will conduct a traffic signal warrants study for the intersection of Rupple Road and Martin Luther
King Jr. Boulevard consisting of utilizing existing and projected traffic volumes included in the recently
competed traffic impact analysis study by Jacobs, dated February 25, 2014.
Tasks associated with this work are outlined as follows:
Conduct traffic signal warrants analysis for the intersection of Martin Luther King Jr. Boulevard and
Rupple Road for the projected traffic volumes included in the recently completed study by Jacobs.
5507 RANCH DRIVE - SUITE 205 LITTLE ROCK, ARI MSAS 72223 (501) 868-3999 FAX: (501) 868-9710
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 2 of 6
• Prepare a written report describing analysis procedures, findings and recommendations, supported by
data and calculations.
SCHEDULE
The Schedule for Completion of the Traffic Signal Warrants Study will be thirty (30) days from Notice to
Proceed or in accordance with Jorgensen & Associates schedule.
SCOPE OF SERVICES — TRAFFIC SIGNAL DESIGN
In accordance with the attached Consultant Schedule of Conditions, the following Scope of Services will be
performed for the traffic signal design for the intersection of Martin Luther King Jr. Boulevard and Rupple
Road:
• Conduct a pre -design conference with City of Fayetteville officials and Jorgensen & Associates to
establish a work plan and schedule.
• Produce a preliminary traffic signal plan utilizing intersection plans and survey base drawings
provided by Jorgensen & Associates.
• Review preliminary traffic signal plan with Jorgensen & Associates and the City and secure
preliminary approval of plans from City officials and Arkansas State Highway and Transportation
Department (AHTD) officials.
• Prepare final traffic signal design and necessary detail sheets:
o Select appropriate mast arm and pole sizes and determine placement requirements.
o Design or select appropriate pole foundations and prepare or reference reinforcement,
anchor bolt and construction details.
o Prepare details for controller cabinet foundation conduit entry as necessary.
o Develop conduit sizing and routing plans.
o Prepare placement details for trenching, conduit entry to pole foundations, and conduit
entry to pull boxes for:
a) Electrical power service
b) Signal field wiring
c) Detector wiring.
o Design pullbox placement and prepare details for pullbox installation and conduit entry.
o Design detector placement scheme.
o Prepare detector placement and wiring details.
o Prepare details for controller cabinet and installation.
o Design electrical power service routing.
o Prepare wiring diagrams for:
a) Signal field wiring
b) Electrical power service
c) Vehicle detectors.
o Prepare details for poles, mast arms and signal heads.
o Prepare special provision for coordinated traffic signal equipment compatible with
vicinity existing coordinated traffic signals.
o Prepare provisions for advanced warning flashers for southbound approach to
intersection to include location, mounting details, conduit, power and wiring.
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 3 of 6
• Use AHTD and City of Fayetteville Standard Specifications, addendums and necessary special
provisions.
• Prepare construction cost estimate.
• Review final design with Jorgensen & Associates and obtain approval of plans from AHTD and City
officials.
• Obtain traffic signal permit from AHTD.
SCHEDULE
The schedule for completion of the traffic signal plan will be within forty-five (45) days of receiving the
base drawing of the Martin Luther King Jr. Boulevard and Rupple Road intersection with the planned
geometry from Jorgensen & Associates.
SCOPE OF SERVICES — ROUNDABOUT DESIGN ASSISTANCE
In accordance with the attached Consultant Schedule of Conditions, the following Scope of Services will be
performed for the roundabout design for each of the three intersections along Rupple Road:
• Roundabout operational analysis will be conducted for the study intersections for AM and PM peak
hours for the projected future -year traffic volumes projected by Jacobs using Sidra software for the
proposed roundabout intersections.
• Advise of appropriate lane configurations, horizontal geometry, radius, etc. to include each of the
three planned roundabouts.
• Advise on appropriate pavement markings and signing for roundabouts.
• Review preliminary roundabout plans by Jorgensen & Associates before submitting to City officials.
• Review final design of each of the three roundabouts by Jorgensen & Associates and before they
submit to the City to obtain approval of plans from City officials.
COMPENSATION
The fee to provide the completed Scope of Services for the Traffic Signal Warrants Study is 4 000.00.
This fee will be Lump Sum Compensation for the services herein described will be inclusive of
reimbursable expenses associated with conduct of the study.
The fee to provide the completed Scope of Services for traffic signal design is $13,000.00 for the
intersection of Martin Luther King Jr. Boulevard and Rupple Road. This fee will be Lump Sum
Compensation for the services herein described will be inclusive of reimbursable expenses associated with
the design.
The fee to provide the completed Scope of Services roundabout design assistance is $3,000.00 per
intersection for a total of 9 000.00. This fee will be Lump Sum Compensation for the services herein
described will be inclusive of reimbursable expenses.
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 4 of 6
Any additional services for agency review meetings, changes in scope due to corridor and intersection plan
changes or other access parameters, will be invoiced on an hourly basis in accordance with the attached fee
schedule.
Consultant's Taxpayer ID Number is 74-2455498
CONSULTANT SCHEDULE OF CONDITIONS
By acceptance of this contract or the initiation of work, the independent professional Consultant agrees to
the following terms and conditions:
RESPONSIBILITY - Consultant agrees to provide services as set forth in the Scope of Services and that if
modifications to the Scope of Services are warranted, Consultant will, prior to acceptance of the contract,
make modifications to the mutual satisfaction of Consultant and Jorgensen & Associates. Consultant
further agrees that the services will conform to all applicable laws, codes, ordinances and regulations of any
governmental agency having jurisdiction over this project and will be performed in an expeditious manner
to meet the agreed upon schedule.
CONFIDENTIALITY - Consultant agrees that all information provided and produced for this project is to
be considered confidential information. Consultant shall not disclose information including, client's name,
documents, specifications or use of the proposed development, except to the minimum extent possible as
required for dealing with regulatory agencies, and then only as specifically authorized by Jorgensen &
Associates.
INDEMNIFICATION - The Consultant, to the fullest extent of the law, agrees to indemnify and hold
harmless Jorgensen & Associates and their agents, employees and representatives from and against any and
all liabilities, costs, damages or expenses incurred by virtue of any claim or claims whatsoever filed by any
third party arising from the work performed under this contract by the Consultant.
INSURANCE - The consultant shall own and maintain insurance coverage for the duration of the project
and in the amounts not less than the following:
Worker's Compensation Statutory Amount
General Liability $1,000,000
Employer's Liability $1,000,000
Professional Liability $1,000,000
A Certificate of Insurance shall be provided Jorgensen & Associates.
COMPENSATION - Consultant shall submit one invoice for the Lump Sum fee upon completion of work
for the traffic signal warrants study, and one Lump Sum fee upon completion of work for the traffic signal
design and one lump sum fee upon completion of roundabout design assistance. Jorgensen & Associates
shall make final payment within thirty (30) days from the date of each invoicing. Acceptance of payment of
Consultant shall constitute a waiver of all claims by Consultant. Any additional services for agency review
meetings, changes in scope due to corridor plan changes or other access parameters, will be invoiced on an
hourly basis in accordance with the attached fee schedule.
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 5 of 6
OWNERSHIP OF DOCUMENTS - All documents and materials furnished by Jorgensen & Associates
shall remain the property of the provider. Any reuse without written agreement is prohibited.
ACCEPTED:
Peters & Associates Engineers, Inc.
By: — 4�&2 -
Ernest J. Peters
Title: President
Date: 4-18-2014
Jorgensen & Associates
By:
UU
Title: VP Date: 4 -18 - 2 014
Mr. Blake Jorgensen, P.E.
April 18, 2014
Page 6 of 6
Hourly Fee Schedule
PETERS & ASSOCIATES ENGINEERS, INC.
Classification Hourly Rate
Principal Engineer $151.00
Project Engineer $125.00
Senior Engineering Tech $85.00
Draftsman $55.00
Secretary $45.00
These rates include all direct and indirect payroll cost, overhead, and profit.
Other direct expenses not included in the above rates, include out of pocket materials and services will be
billed at actual cost. Common items billed under this heading include: printing and photographic work,
special delivery services, laboratory testing, special equipment rental, and subsistence expenses. Vehicle
mileage is billed at a rate of $0.505 per mile beginning from Consultant's offices to job/project site and
back to the consultant's offices. Aircraft travel, car rental, and other similar travel expenses shall be
billed at actual invoice amount.
grater resources i environmental consul nks -
April 16, 2014
Via email: Blake@jorgensenassoc.com
Mr. Blake Jorgensen, PE, CFM
Jorgensen & Associates, Inc.
124 W. Sunbridge, Suite 1
Fayetteville, AR 72703
RE: Proposal for Rupple Road Extension Floodplain Services,
City of Fayetteville, AR
FTN No. P05289-0587-001
Dear Mr. Jorgensen:
FTN Associates, Ltd. (FTN) appreciates the opportunity to submit the following proposal to
provide professional floodplain consulting services related to the proposed Rupple Road
Extension project located west of I-540, from Owl Creek School near Persimmon Street
southward to Martin Luther King Boulevard in Fayetteville, AR (the Project).
Our Basic Services will generally consist of performing wetlands and Section 404 services
including preparation of an Individual Permit to the U.S. Army Corps of Engineers (Corps),
performance of hydrologic and hydraulic modeling, and performance and documentation of
No -Rise analyses, as applicable, to support design of three stream crossings and satisfy City of
Fayetteville requirements for regulatory floodplain compliance, all as set forth in the printed
Scope of Work for Basic Services (Exhibit A) and subject to the Standard Terms and Conditions
(Exhibit B) which are attached to this letter. We will also furnish such Additional Services as
you may request.
You are expected to furnish us with full information as to your requirements including any
special or extraordinary considerations for the Project or special services needed and also to
make available all pertinent existing data. In addition, we request that you provide information
concerning the potential health and/or physical hazards present at the project site to which FTN
employees could be exposed. This information (i.e., Material Safety Data Sheets, etc.) is needed
to ensure FTN's compliance with the OSHA Hazard Communication Standard.
You will pay us for our Basic Services a lump sum fee of $57,000 for services rendered by our
principals and employees engaged directly on the Project. Any Additional Services will be
Corporate Office: 3 I rnwood Circle, Suite 220 w Little Rock, AR 72211 - (501) 225-7779 - Fax (501) 225-6738
Regional Offices: Fayetteville, AR; Baton Rouge, LA; Jackson, MS - wwwftnmassoc.con-r - ftn@ftn-assoc.corn
Mr. Blake Jorgensen, PE, CFM
April 16, 2014
Page 2
charged on the basis of time and materials using the Client Rates in Exhibit C. Additional
Services will be approved by you prior to proceeding.
We will bill you monthly for Services and Reimbursable Expenses on the basis of a percentage
of the lump sum fee for services completed with invoices to be paid within 30 days. The above
financial arrangements are on the basis of prompt payment of our bills and the orderly and
continuous progress of the Project.
If there are protracted delays for reasons beyond our control, we would expect to negotiate with
you an equitable adjustment of our compensation taking into consideration the impact of such
delays including but not limited to changes in price indices and pay scales applicable to the
period when services are in fact being rendered.
This proposal, which includes Exhibits A, B, and C consisting of eight pages, represents the
entire understanding between you and us in respect of the Project and may only be modified in
writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement,
we would appreciate your signing the enclosed copy of this letter in the space provided below
and returning it to us. This proposal will be open for acceptance until May 31, 2014 unless
changed by us in writing.
Thank you very much for the opportunity to present this proposal. Please do not hesitate to call
me or Beth Breed, PH, CFM if you have any questions relating to this proposal or additional
services offered by FTN.
Respectfully submitted, Accepted this 17tn day
FTN ASSOCIATES, LTD. of April , 2014
l
Travis B. Scott, PE, CFM By
Project Manager()(AAthorized Representative
orgensen & Associates
SAPROPOSALS\05289-0587-001TINAL\P-B JORGENSEN 2014-04-16.DOCX\ �A�
Exhibit A
Scope of Work for Basic Services
Rupple Road Extension Floodplain Services
Jorgensen & Associates
City of Fayetteville, Arkansas
Attached to and made a part of the Letter Agreement dated April 16, 2014 between FTN
Associates, Ltd. (FTN) and Jorgensen & Associates (the Client) in respect to the project
described therein. The project description, the specific task and assumptions are summarized
below.
PROJECT DESCRIPTION
FTN will gather topographic data from publicly available sources and, as needed, existing
Federal Emergency Management Agency (FEMA) data for three streams with regulatory
floodplain (study streams) along the project extent. The study streams are: Owl Creek Tributary
1, Owl Creek Tributary 2, and North Fork Farmington Branch. FTN will perform hydrologic and
hydraulic analyses of existing and proposed project conditions, analyze the results for the
potential for achievement of No -Rise in the floodplain for the proposed project conditions, and
prepare supporting documentation for the City of Fayetteville, including results of the No -Rise
analysis. FTN will also perform wetland/Section 404 services associated with the proposed
project including review of background information, delineation of Section 404 wetlands and
other waters, and preparation of a Section 404 Individual Permit Application to the US Army
Corps of_Engineers (Corps). FTN will perform associated project coordination with the Client
and the City of Fayetteville, not to include more than one meeting with the City and one meeting
with the public.
TASK 1- DATA GATHERING AND PROCESSING
TASK 1 FEE: $2,800
• FTN will thoroughly review and utilize data already obtained from FEMA, if applicable
and correct, and will gather additional information as needed.
• FTN will utilize the current topographic data available from the City of Fayetteville or
other public agencies for the project area.
• FTN will process the topographic data for use in hydrologic and hydraulic modeling and,
if applicable, limited floodplain mapping.
TASK 2 - HYDROLOGIC MODELING
TASK 2 FEE: $8,800
• FTN will utilize the hydrologic analyses available for the three study streams in the
project area and update to the current conditions (additional development within the
basins) or develop new detailed hydrologic analyses, generally reflecting existing
conditions at the time the topographic data was acquired from the field. The hydrologic
analyses will include development of peak discharges for the 10-, 2-, 1-, and 0.2-percent-
annual-chance (10-, 50-, 100-, and 500-year) flood events for the Project Area. City of
Fayetteville drainage report data will be referenced to develop discharges along North
Fork Farmington Branch. If this information is not available, additional services will be
required to develop detailed discharge information.
TASK 3 - HYDRAULIC MODELING
TASK 3 FEE: $24,600
• FTN will incorporate field survey provided by the Client and topographic data processed
in Task 1 to prepare the detailed hydraulic models for the three study streams in the
project area, for 10-, 50-, 100-, and 500-year flood events based on existing conditions.
Geometric data downstream of the project area will be based upon data within existing
hydraulic models acquired from FEMA where available, augmented by topographic data
processed in Task 1 if required.
• FTN will update the detailed hydraulic models for the specified frequency events based
on the proposed conditions for not more than two design scenarios provided by the Client
at each of the three stream crossings. Analysis of any additional scenarios will be
considered Additional Services.
• FTN will analyze the proposed structures for the potential to achieve no -rise for 1-
percent-annual-chance encroached and unencroached floodplain for the three study
streams.
TASK 4 — NO -RISE ANALYSIS
TASK 4 FEE: $4,800
• Prepare documentation of No -Rise Analysis for a single selected design scenario for each
of the three study stream crossings based upon Task 3 results, for submittal to the Client
and the City of Fayetteville.
• Address comments received, if any, from the Client and the City of Fayetteville.
• Prepare documentation for the City of Fayetteville to provide to property owners, if
applicable, regarding changes in Base Flood Elevations associated with the proposed
project. This does not include preparation of any data to submit to FEMA or any
coordination time with the City of Fayetteville or property owners to discuss results.
Additional efforts beyond preparation of documentation will be deemed Additional
Services.
TASK 5 - WETLAND / SECTION 404 SERVICES
TASK 5 FEE: $11,850
• Identify and review site -specific background information pertinent to the Project site, to
include but not limited to: (1) site specific information obtained from US Army Corps of
Engineers (Corps), (2) Soil Conservation Service's Soil Survey for Washington County,
Arkansas, (3) Natural Resources Conservation Service (MRCS) hydric soils list for
Washington County, Arkansas, (4) appropriate USGS topographic quadrangle map,
(5) Corps file materials relating to adjacent properties, if any, that might provide useful
information specific to this project, and (6) site -specific materials provided by the Client
regarding the subject property. Address comments received, if any, from the Client and
the City of Fayetteville.
• Perform onsite field investigations to identify boundaries and extent of wetlands and
other waters of the US having potential US Army Corps of Engineers (Corps) jurisdiction
under Section 404 of the Clean Water Act at the project site. Wetland boundaries will be
placed on a topographic base map suitable for Corps submittal and wetland acreage will
be determined. The methods used in conducting the delineation will follow the
1987 Corps of Engineers Wetlands Delineation Manual and the 2010 Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains
and Piedmont Region, i.e., detailed observations will be made on vegetation, hydrology,
and soils. This task includes written documentation of the findings, which will be
submitted to the Client. The documentation will include a completed Corps wetland field
data form for each data collection point; maps showing boundaries of potential
Section 404 wetlands and locations and extent of other waters of the US under potential
Corps jurisdiction; expository text that characterizes the nature of potentially Corps
regulated tributary and drainage channels, in addition to wetland/non wetland areas; and
representative photos of project site features. Two copies of a draft delineation report will
be submitted to the Client for review. Within 7 days of receipt of review comments from
the Client, FTN will submit two revised, copies of the wetland delineation report to the
Client.
• Assuming the project will be authorized under an Individual Permit (IP), FTN will
prepare an TP application regarding proposed impacts to potentially jurisdictional Section
404 features within the project area. FTN will utilize site plan drawings provided by the
Client in preparation of the individual permit application. The individual permit
application will include a site plan, an alternatives analysis, and will identify potential
mitigation strategies/options. The individual permit application package will include the
completed delineation of the site. Two copies of the draft individual permit application
will be sent to the Client for review. Within 7 days of receipt of review comments from
the Client, FTN will submit two revised copies of the individual permit application to the
Client. FTN will then submit the IP application package to the Corps, Little Rock District
for approval. This task will be completed within 90 days following notice to proceed.
• FTN will conduct coordination of wetland/Section 404-related project issues with the
Client and the Corps. In addition, FTN will provide a coordination letter to the US Fish
and Wildlife Service (USFWS) regarding potential threatened and endangered species
issues and a coordination letter to the State Historic Preservation Office (SHPO)
requesting project clearance regarding cultural resource issues.
TASK 6 — COORDINATION
TASK 6 FEE: $4,150
• Attend up to three meetings with the Client, one to initiate the hydraulic analysis portion
of the project and review the proposed structure design, one to discuss results of the
hydraulic analysis and agree upon final design, and the third to deliver documentation of
the draft No -Rise Analyses.
• General.project coordination including progress reports, project emails and telephone
calls with Client, other consultants and the City of Fayetteville.
Project Timeline:
• Complete field reconnaissance and delineation of wetlands within 30 days following receipt
of notice to proceed.
• Complete existing conditions hydrologic and hydraulic analyses within 30 days following
receipt of field survey data.
• Submit Individual Permit application to the Corps, Little Rock District for approval within 90
days following notice to proceed.
• Complete hydraulic analyses of proposed conditions including analysis of potential for no -
rise within 30 days following receipt of proposed design scenarios.
• Complete and submit documentation of No -Rise to the Client within 30 days following
selection of single design scenario by the Client.
• Respond to comments by the Client or the City of Fayetteville within 14 days of receipt of
review comments.
Assumptions:
• The Client, and City of Fayetteville will provide FTN detailed survey data, topographic data,
and other supporting information for the Project Site in a timely fashion. FTN will start our
services promptly after receipt of this information.
FTN will use existing hydraulic modeling, where available, for the downstream reaches of
study streams.
S:\proposals\05289-0587-001\draft\Owl Creek Mlle\Exhibit A Rupple_Rd.docx
Apri122, 2010
EXHIBIT B
Standard Terms and Conditions
For FTN Contracts
Standard of Care The services provided by FTN shall be performed in accordance with
generally accepted professional practice at the time when and the place where the services
are rendered.
2. Independent Contractor FTN is an independent contractor and not an employee or agent of
CLIENT. CLIENT is not responsible for any of its activities. Any taxes, licenses, permits,
required filing of forms or any other conditions imposed upon or required to render FTN
Services shall be satisfied by FTN at FTN's expense.
3. Insurance FTN shall procure and maintain insurance for protection from claims under
workers' compensation acts. FTN shall procure and maintain liability insurance against
claims based on FTN's negligence for damages because of bodily injury including personal
injury, sickness or disease or death of any and all employees or of any person other than
such employees, and from claims or damages based on FTN's negligence because of injury
to or destruction of property including loss of use resulting therefrom.
4. Indemnification
a. FTN does hereby indemnify and save harmless CLIENT from and against any and all
liability and claims of liability of any and every kind and nature, including without
limitation bodily injury, death and property damage, arising out of any negligent act
by FTN, and FTN, at FTN's sole expense, shall handle all such claims, defend all
lawsuits filed against CLIENT therein, and reimburse CLIENT in cash for all
reasonable expense incurred by CLIENT on account thereof, provided, that if
CLIENT elects to retain independent counsel, FTN shall reimburse CLIENT for all
costs reasonably incurred by CLIENT to defend itself through attorneys of CLIENT's
choice. There is hereby excepted from the foregoing any and all liability and claims
of liability solely attributable to acts of CLIENT's direct payroll employees, and there
is hereby further excepted from the foregoing any and all liability and claims of
liability for environmental pollution which are not the result of negligence on the part
of FTN in FTN's performance of this contract.
b. CLIENT does hereby indemnify and save harmless FTN from and against any and all
liability and claims of liability of any and every kind and nature including without
limitation bodily injury, death, property damage and claims for environmental
pollution which are not the result of negligence on the part of FTN in FTN's
performance of this contract, and CLIENT, at CLIENT's sole expense, shall handle
all such claims, defend all lawsuits filed against FTN on account thereof, pay all
judgments rendered against FTN therein, and reimburse FTN in cash for all
reasonable expense incurred by FTN on account thereof, provided, that if FTN elects
to retain independent counsel, CLIENT shall reimburse FTN for all costs reasonably
incurred by FTN to defend itself through attorneys of FTN's choice.
5. Electronic Deliverables Any use or reuse of original or altered computer files by CLIENT
or others without written verification by FTN for purposes other than for the specific
purpose intended will be at CLIENT's risk and full legal responsibility. Furthermore,
CLIENT will, to the fullest extent permitted by law, indemnify and hold FTN harmless
from any and all claims, suits, liability, demands, or costs arising out of or resulting
therefrom. Any verification of such adaptation by CLIENT will entitle FTN to additional
compensation at the then current rate.
The submitted data files are intended to work only as described. The files are compatible
only with the software and operating platform described. FTN makes no warranty as to the
compatibility of these files for versions of the software other than for those stated. FTN is
not responsible for uses of the data outside of or beyond the scope of the Agreement.
Because data stored on electronic media can deteriorate undetected or can be modified
without FTN's knowledge, CLIENT agrees that FTN will not be held liable for the
completeness or correctness of the electronic media, with respect to its originally intended
use as defined in the agreement, after an acceptance period of 30 days after delivery of the
electronic files. FTN stands by the accuracy of sealed drawings that accompany submittals.
The electronic files are submitted to CLIENT for a 30-day Acceptance Period. During this
period, CLIENT may review and examine these files; any errors, relative to the intended
use of the files, detected during this time will be corrected by FTN as part of the basic
agreement. Any changes requested after the Acceptance Period will be considered
additional services to be performed on a time and materials basis, at the then current rates
plus terms and conditions.
6. Termination This agreement may be terminated at any time, for any cause by either party
upon thirty days written notice to the other party. In such event, CLIENT shall forthwith
pay FTN in full for all work previously authorized and performed prior to effective date of
termination. If no notice of termination is given, relationships and obligations created by
this Agreement shall be terminated upon completion of all applicable requirements of this
Agreement. Notwithstanding the termination or expiration of this agreement, the
indemnities provided in paragraph 4 hereof shall survive and remain in full force and
effect.
7. Assignment This Agreement shall not be assigned by FTN to any other party unless prior
written approval is obtained from CLIENT. This Agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
8. Limit of Liability It is understood that any and all professional liabilities incurred by FTN
throughout the course of rendering professional services on this Project shall be limited to a
maximum of the net fee received by FTN, not including reimbursable expenses and
subconsultants, for all services rendered on the Project.
9. Confidentiality of Information No information concerning this Project shall be released by
FTN.
10. Precedence These Standard Terms and Conditions shall take precedence over any
inconsistent or contradictory provisions contained in any proposal, contract, purchase
order, requisition notice to proceed, or like document regarding FTN's services.
11. Severability If any of these Standard Terms and Conditions shall be finally determined to
be invalid or unenforceable in whole or part, the remaining provisions hereof shall remain
in full force and effect, and be binding upon the parties hereto. The parties agree to reform
this Agreement to replace any such invalid or unenforceable provision with a valid and
enforceable provision that comes as close as possible to the intention of the stricken
provision.
12. Survival These Standard Terms and Conditions shall survive the completion of the services
under this Agreement and the termination of this Agreement for any cause.
13. Controlling_ Law This Agreement is to be governed by and construed in accordance with
the laws of the State of Arkansas.
EXHIBIT C
2014 Fee Schedule'
FTN Associates, Ltd.
Labor Category Hourly Rate
Professional 7
$ 180.00
Professional 6
163.00
Professional 5
145.00
Professional 4
125.00
Professional 3
112.00
Professional 2
97.00
Professional 1
87.00
Technician 4
89.00
Technician 3
75.00
Technician 2
67.00
Technician 1
51.00
Executive Assistant
67.00
Word Processing
57.00
Direct Expenses
All direct project expenses will be invoiced at cost plus 10 percent. Direct project expenses
include such items as travel, meals, lodging, shipping, supplies, consultants, subcontractors, etc.
Vehicle mileage will be charged at standard IRS rates.
A charge of 2 percent is applied to the total labor amount to cover communication charges and
computer expenses associated with computer applications, data storage and backup.
Should back-up data be requested for reimbursable expenses, it will be provided for an
administrative fee.
Payment Terms
Unless other arrangements are made in writing invoicing will be monthly for services completed.
Payment is due in full within 30 days of invoice. A service charge of 1.5 percent per month will
be charged on all balances over 30 days.
'Effective January 1, 2014 — December 31, 2014
City Of Fayetteville - Purchase Order (PO) Request
„e4u;;;,0 ; 140.
8/13/2014
(Not a Purchase Order)
All purchases under $2500 shall be used on a P-Card unless medical or 1099 service related. (Call x256 with questions)
P.0 Number-. ber—.
xpecw Delivery vale:
All PO Re uest shall be scanned to the Purchasing e-mail: Purchasing@ci.fayetteville.ar.us
Vendor #: Vendor Name:
Mail
20348 Jorgensen & Associates, Inc.
Yes:_ No:_
Address:
Fob Point:
Taxable
Quotes Attached
Yes:_ No:_
Yes: No:
City: State:
Zip Code:
Ship to code:
Divison Head Approval:
Requester:
Requester's Employee #:
Extension:
Serina Tustin
3923
8242
Iteml
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Numbers
Pro ct/Sub ro'ect #
Inventory #
Fixed Asset #
1
Design and related services
1
$387,000.00
4520.9555.5314.00
60350.24
for the extension of Rupple
2
Road from Persimmon Street
$0.00
to Martin Luther King, Jr.
3
Boulevard
$0.00
4
$0.00
5
$0.00
6
$0.00
7
$0.00
8
$0.00
9
$0.00
10
$0.00
Shipping/Handling
Lot
$0.00
Special ns ructions-
Subtotal: $387,000.00
Tax:
Total: $387,000.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Finance & Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager: Other:
Revised I1=8