Loading...
HomeMy WebLinkAbout164-02 RESOLUTION• RESOLUTION NO. 164-02 A RESOLUTION AWARDING AN ENGINEERING CONTRACT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-TWO THOUSAND THREE HUNDRED EIGHTY-EIGHT DOLLARS ($222,388.00) TO BUCHER, WILLIS AND RATLIFF CORPORATION FOR ENGINEERING AND PLANNING SERVICES ASSOCIATED WITH THE COMPREHENSIVE TRAFFIC STUDY; APPROVING AN ENGINEERING CONTRACT CONTINGENCY IN THE AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000.00); AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF FORTY-THREE THOUSAND NINE HUNDRED EIGHTY DOLLARS ($43,980.00) FOR SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby awards an engineering contract in an amount not to exceed Two Hundred Twenty -Two Thousand Three Hundred Eighty -Eight Dollars ($222,388.00) to Bucher, Willis and Ratliff Corporation for engineering and planning services associated with the Comprehensive Traffic Study, a copy of which, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of Fayetteville, Arkansas, hereby approves an engineering contract contingency in the amount of Twenty Thousand Dollars ($20,000.00). Section 3. That the City Council of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of Forty -Three Thousand Nine Hundred Eighty Dollars ($43,980.00) for same. PASSED and APPROVED this 15th day of October, 2002. ATTEST: By: EATHER WOODRUFF, City lerk 4)A NAME OF FILE: CROSS REFERENCE: Item # Date Resolution No.164-02 Document 1 10/15/02 Resolution # 164-02 2 10/15/02 Engineering services agreement 3 08/22/02 Letter from Jim Beavers, City Engineer to Dan Goody, Mayor 4 08/23/02 Staff review form 5 11/06/02 Budget adjustment form 6 10/21/02 Memo from Jim Beavers, City Engineer to Heather Woodruff, City Clerk 7 10/02/02 Memo from Charlie Schwinger, Bucher, Willis & Ratliff Corp., to Jim Beavers, Engineering NOTES: ITT! I • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON EXHIBIT A This Agreement entered into and executed this / day of ©air't 2002, by and between the City of Fayetteville acting by and through its Mayor hereinafter called "FAYETTEVILLE" and Bucher, Willis & Ratliff Corporation with office located in Kansas City, Missouri hereinafter called "BWR". WITNESSETH: Whereas, "FAYETTEVILLE" is planning to have traffic studies conducted Citywide in the City of Fayetteville for the purpose of prioritizing potential capital improvements. And Whereas "FAYETTEVILLE'S" forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and Whereas, `BWR'S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the project on schedule; Now therefore, it is considered to be in the best public interest for "FAYETTEVILLE" to obtain assistance of BWR'S organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I — EMPLOYMENT OF ENGINEER "FAYETTEVILLE" agrees to employ `BWR" to perform, and "BWR" agrees to perform, professional engineering services in connection with the project set forth in the Section to follow; and "FAYETTEVILLE" agrees to pay and "BWR" agrees to accept, as specified in the Sections to, follow as full and final compensation for work accomplished in the specified time. SECTION II — SCOPE OF THE PROJECT The scope of the project covered by this agreement includes the professional services required to perform the following tasks. Task 1 — Orientation "BWR" staff will meet with "FAYETTEVILLE" staff to discuss the project objectives and parameters. "BWR" staff attending this meeting will include both traffic engineering and planning professionals. "FAYETTEVILLE" staff will include representatives' from Engineering, Traffic, and Planning divisions. `BWR" will prepare and present to "FAYETTEVILLE" staff a list of documents and data requested from "FAYETTEVILLE for use in preparation of the study. This list will include: • Historical daily traffic counts M.W002PBSM08910Y44mbzlNptcma W ami ,m, mixt 10-174QhK • • Morning and afternoon peak hour traffic turning movement counts derived from traffic detector counts, which will include through traffic and left turn traffic movements • Future land use plans • Guidance from staff on growth areas in the City • 20 year future major street plan • City ordinances and policies pertaining to traffic, land development, financing of public improvements, street access, and other documents that "FAYETTEVILLE" staff may desire "BWR" to review, pertaining to the scope of this study • Traffic signal timings • Maps depicting designated neighborhoods and school boundaries • Historical capital improvement expenditures • Current Capital Improvement Program • Guidance from staff on issues and areas of specific concern to the City "BWR" will also meet with facilities and planning staff from the University of Arkansas to determine how their future expansion plans may impact the "FAYETTEVILLE" street system. Task 1 Deliverables: • Minutes of Orientation meeting (electronic and hard copy) • List of documents and data requested (electronic and hard copy) Task 2 — Public Meeting 1 "BWR" will facilitate an initial meeting to receive input pertaining to land use, access, and neighborhood preservation issues. The `BWR" staff committed to the public meeting will include traffic engineering and planning professionals. It is anticipated that the meeting will be held with the general public, the Council of Neighborhoods, City staff and City officials for the purpose of receiving initial project input from the community and for the purpose of answering questions as to the nature of the study. Comment sheets will be available at the meeting for written comments. The meeting will be conducted in a charette (guided group discussions) format to identify and discuss specific neighborhood issues pertaining to land use, traffic, access, and neighborhood preservation. The meeting will be held at a site designated by "FAYETTEVILLE". All costs associated with advertising and meeting facilities will be borne by "FAYETTEVILLE". Task 2 Deliverables • Copies of the written comment sheets • Written summary of the charette discussion results (electronic and hard copy) Task 3 — Development Assessment Policies "BWR" will review current development policies and will prepare a preliminary draft development assessment policy for review by "FAYETTEVILLE" staff. `BWR" will meet with the "FAYETTEVILLE" staff to discuss the preliminary draft along with the preliminary drafts of the other policy documents to be prepared in this project, as per Task 7. `BWR" will prepare revisions in the preliminary draft based on "FAYETTEVILLE" staff comments, and will submit a final draft to "FAYETTEVILLE" for consideration of adoption. The preparation of the draft will be based on discussions held in Task 1 and Task 2 Task 3 Deliverables • Preliminary development assessment policy draft (electronic and hard copy) M3II103PBM089iuWx4not YW 0, animating savic missed I11-17L2doe 2 • Final development assessment policy draft (electronic and hard copy) Task 4 — Smart Growth Policies "BWR" will review current "FAYETTEVILLE" policies pertaining to smart growth issues which will include infill development, sustainable development, quality of life, traditional neighborhoods, infrastructure and land use balance, and other community planning principles. "BWR" will prepare a preliminary draft smart growth policy for review by "FAYETTEVILLE" staff. "BWR" will meet with the "FAYETTEVILLE" staff to discuss the preliminary draft along with the preliminary drafts of the other policy documents to be prepared in this project, as per Task 7. "BWR" will prepare revisions in the preliminary draft based on "FAYETTEVILLE" staff comments, and will submit a final draft to "FAYETTEVILLE" for consideration of adoption. The preparation of the draft will be based discussions held in Task 1 and Task 2. Task 4 Deliverables • Preliminary smart growth policy draft (electronic and hard copy) • Final smart growth policy draft (electronic and hard copy) Task 5 — Traffic Calming Procedures "BWR" will review current "FAYETTEVILLE" policies pertaining to traffic calming and will prepare a preliminary draft traffic calming policy for review by "FAYETTEVILLE" staff. The policy will address procedures for establishing a warrant for appropriate traffic calming devices, public participation and endorsement of the traffic calming strategy within the neighborhood, implementation of the strategy, and documentation of impact. The general outline of this policy will include: • Neighborhood petition for traffic calming study • Verification of traffic calming need through data collection • Alternative comparison and impact assessment • Petition for temporary implementation • Effectiveness evaluation • Petition for permanent implementation "BWR" will meet with the "FAYETTEVILLE" staff to discuss the preliminary draft along with the preliminary drafts of the other policy documents to be prepared in this project, as per Task 7. "BWR" will prepare revisions in the preliminary draft based on "FAYETTEVILLE" staff comments, and will submit a final draft to "FAYETTEVILLE" for consideration of adoption. The preparation of the draft will be based discussions held in Task 1 and Task 2. Task 5 Deliverables • Preliminary traffic calming policy draft (electronic and hard copy) • Final traffic calming policy draft (electronic and hard copy) Task 6 — Access Management Policies "BWR" will review current access management policies and will prepare a preliminary draft access management policy for review by "FAYETTEVILLE" staff. The draft policy will address application of the policies to developed corridors such as College, as well as to emerging corridors. "BWR" will meet with the "FAYETTEVILLE" staff to discuss the preliminary draft along with the preliminary drafts of the other policy documents to be prepared in this project, as per Task 7. "BWR" will prepare revisions in the preliminary draft based on "FAYETTEVILLE" MA2002PBMOS9.IeKctmuaAYpamvil kw engineering sa.*n revised 10-17-02.hc 3 • staff comments, and will submit a final draft to "FAYETTEVILLE" for consideration of adoption. The preparation of the draft will be based discussions held in Task 1 and Task 2. Task 6 Deliverables • Preliminary access management policy draft (electronic and hard copy) • Final access management policy draft (electronic and hard copy) Task 7 — Review Meeting 1 "BWR" will meet with "FAYETTEVILLE" staff to review the draft policy statements produced in Tasks 3, 4, 5, and 6. Task 7 Deliverables • Notes from review meeting Task 8 — Traffic Counts "BWR" will compile the data furnished under Task 1 by "FAYETTEVILLE". It is anticipated that morning and afternoon peak hour traffic counts defined by approach left turns, and through - right movements will be furnished for the signalized intersections, as listed in Appendix C. "BWR" will estimate the percentage of turning vehicles where specific turning volumes have not been provided, with the exception that complete peak hour turning movements will be conducted by "BWR" at 10 intersections to be designated by "FAYETTEVILLE" Staff during the Task 1 meeting. "BWR" will also conduct one hour morning and one hour afternoon turning movement counts at 30 additional intersections, as designated in Appendix C. The one hour time periods will be confirmed with "FAYETTEVILLE" staff during the Task 1 meeting. Task 8 Deliverables • Raw counts Task 9 — Windshield Survey "BWR" will conduct a windshield survey of each of the designated intersections and the street links connecting them and will record the lane geometry. `BWR" will obtain photos of each intersection approach for an office reference of field conditions as of the date of the windshield survey. Task 9 Deliverables • Copy of photos • Copy of lane geometry notes Task 10 Travel Time Runs "BWR" will conduct morning and afternoon peak hour travel time and delay runs for each major and minor arterial street, as designated on the "FAYETTEVILLE" Major Street Plan. Collector streets that will be included in the travel time runs include: • Shiloh Dr. • Futrall Dr. • Township St. M321102PBaM1E19.YhuymusaYrnmv9 6 mOxaiM arias revised 1I1.I F@4x • • Maple St. • Lafayette St. • Old Missouri Rd. • Running time and delay time will be measured between each signalized intersection. Three travel time runs will be obtained for each peak period in each direction. Task 10 Deliverables • Spread sheet summarizing travel time runs between signalized intersections on arterial streets Task 11 — Turning Movement Summary "BWR" will compile a summary of peak hour traffic counts in 15 minute increments for entry into the highway capacity software. Task 11 Deliverables • Summary table by 15 minute increments for each peak hour count collected Task 12 — Traffic Forecasts "BWR" will prepare traffic forecasts for the year 2023. The forecasts will be developed based on traffic growth history, and on land use development trends in the Fayetteville metropolitan area including adjacent communities, as determined through the Task 1 orientation meeting. `BWR will prepare 2023 estimates on the existing major street system for existing collector and arterial streets where "FAYETTEVILLE" has provided historical traffic count information. "BWR" will also prepare estimates of 2023 daily traffic on arterial street links designated on the Major Street Plan which have not yet been constructed. "BWR" will factor the existing intersection turning movement peak hour counts identified in Task 8 by the growth rates developed in this task, to produce 2023 intersection forecasts. Task 12 Deliverables • Morning and afternoon peak hour turning movement volumes for 2023 at the intersections designated in Task 8 • Daily 2023 traffic forecast map for existing collector and arterial and future major street links Task 13 — Simtraffic Model "BWR" will prepare a Simtraffic network connecting each of the major intersections identified in Task 8 "BWR" will input the existing morning and afternoon peak hour traffic volumes, and the forecast traffic volumes for each intersection, along with the current lanes geometry and traffic signal timing or stop control parameters into Synchro to be modeled in Simtraffic. Task 13 Deliverables • Simtraffic network files, signal timing files, and traffic volume files Task 14 — Capacity and Queuing Analysis "BWR" will conduct intersection capacity analysis for each of the four traffic volume scenarios, with the existing traffic control and lane geometry. The capacity analysis will identify level of AI:LIIMI2PBMIIMY.IctalocYamiract agnrman for mpmving umcp pvia • • service based on delay, and will identify the 95Th percentile queue length as compared to available vehicle storage. Task 14 Deliverables • Synchro files, existing a.m. and p.m. peak hours • Synchro capacity analysis worksheets, existing a.m. and p.m. peak hours • Synchro queuing analysis worksheets, existing a.m. and p.m. peak hours Task 15 — Improvement Strategies "BWR" will identify locations with existing and/or future traffic operation deficiencies. Where deficiencies are identified, "BWR" will test strategies for mitigating the traffic operation. These strategies may include additional lanes, change in traffic control, change in signal timings, or diversion of traffic through construction of altemative routes. Capacity and queuing analysis will be completed for the existing and the 2023 a.m. and p.m. peak hours for the traffic operation mitigation strategies. Task 15 Deliverables • Simtraffic model files for morning and afternoon peaks, for existing and 20 year traffic conditions, for existing geometry and mitigating conditions (8 scenarios) • Synchro capacity and queuing analysis files and printouts • List of recommended improvement strategies Task 16 — Arterial Level of Service "BWR" will identify the level of service for each of the arterial links based on travel speed. Task 16 Deliverables • Arterial link level of service summaries Task 17 — Major Street Plan Review "BWR' will review the "FAYETTEVILLE" Major Street Plan. "BWR" will compare current and projected traffic volumes with the traffic capacity of the major streets, including arterial and collector streets, and identify streets that should be widened or reclassified. The recommended number of lanes for future new street links will be identified. Task 17 Deliverables • Major Street Plan recommended modifications, including number of lanes needed on new streets, change in number of lanes needed on existing streets, change in street classification • Volume to capacity ratio for the streets designated on the Major Street Plan Task 18 — Special Study Intersections "BWR" will study up to five intersection locations requested by "FAYETTEVILLE" as identified through Task 1 where street geometry or traffic circulation pattems do not lend themselves to typical geometric or traffic control treatment. These intersections will receive peak hour traffic counts by `BWR" in Task 8. Tentative locations for study have been identified in Appendix C. MV WUPBMI1a9.1,IKtten1tiNpCIav9 6r rap pang saviors mid I0-17.2dc 6 Task 18 Deliverables • Conceptual improvement sketch for each special study location • Preliminary opinion of probable construction cost Task 19 — Review Meeting 2 "BWR" will meet with the "FAYETTEVILLE" staff to discuss the results of Tasks 13, 14, 15, 16, and 17. • Minutes of meeting Task 20 — Public Meeting 2 "BWR" will facilitate a public meeting to present the results of all tasks completed to date in the project, and to receive written comments. Task 20 Deliverables • Copies of the written comment sheets Task 21 — Conceptual Schematics "BWR" will prepare conceptual working schematics for the recommended improvement strategies that involve new alignments or geometric improvements of existing streets or intersections. These schematics will provide a basis for the development of opinions of construction cost. Task 21 Deliverables • Conceptual working schematics for recommended improvements Task 22 — Improvement Costs "BWR" will develop a schedule of preliminary quantities, contingency, and unit costs for the each of the recommended improvement strategies. The schedule will also include right of way, engineering, and administrative costs. Costs will be provided 'in 2003 dollars. "FAYETTEVILLE" will manipulate the costs to account for inflation, depending on the ultimate implementation schedule assigned to each project. Cost estimates for short range projects will reflect greater refinement than those prepared for a twenty year horizon. Task 22 Deliverables • Cost schedule for each project developed in a spreadsheet format (electronic and hard copy) Task 23 — Prioritization and Capital Improvement "BWR" will identify the benefits and cost for each improvement project. These will be summarized in a decision matrix. The right column will include a listing of each of the recommended improvement projects. The headings for subsequent columns will include: • Reduction in existing total annual vehicle delay (delay per vehicle x number of vehicles) • Reduction in future (2023) total annual vehicle delay (delay per vehicle x number of vehicles) Ne21102PBMOS9.wi imvnNp®m H apa+mg ani[a m'iri 10-17IQ.abc 7 • 2023 forecast daily traffic on new roadways • Amortized cost in 2003 dollars • Amortized cost in 2023 dollars • Comparison of existing annual benefit with existing amortized cost • Comparison of future annual benefit with future amortized cost • Numerical ranking based on benefit to cost for short range improvements (existing) • Numerical ranking based on benefit to cost for long range improvements (2023) • Numerical ranking of 2023 volumes to cost for new streets Generally, the first five years of capital improvement projects will be ranked based on existing benefit to cost. The last fifteen years of projects will be ranked based on 2023 benefit to cost, and 2023 traffic to cost. Task 23 Deliverables • Priority decision matrix (electronic and hard copy) Task 24 — Review Meeting 3 "BWR" will meet with the "FAYETTEVILLE" staff to discuss the decision matrix evaluation and results. Task 24 Deliverables • Minutes of meeting Task 25 — Draft Report "BWR" will document the study procedure and results in a narrative report supported by graphic exhibits and tables. In addition to the narrative report, "BWR" will produce a technical appendix that will contain copies of the data, detailed cost schedules, and analysis worksheets. The results of the report will be summarized for a non-technical audience in an executive summary. Draft copies of these documents will be submitted to the "FAYETTEVILLE" staff for review and comment. Task 25 Deliverables • 7 Draft Reports and Executive Summaries Task 26 — Review Meeting 4 "BWR" will meet with the "FAYETTEVILLE" staff to review the draft report documents. "BWR" will revise the draft reports based on comments from the "FAYETTEVILLE" staff. Task 26 Deliverables • Minutes of review meeting Task 27 — Report "BWR" will prepare 20 reports, 7 technical appendix documents, and 20 executive summaries for submittal to "FAYETTEVILLE" for distribution. Electronic copies of the reports will be provided to "FAYETTEVILLE" on CD in PDF format for reproduction by "FAYETTEVILLE". M:12II11IYBM4189.lchSv4mlmNpcemA Ia,npmn*,g wrko rtvivl 10-11-02 A' 8 Electronic files will also be provided in the original working formats for subsequent use and editing by "FAYETTEVILLE", including Synchro, Petra, jpg, dgn, ppt, ppt, doc, and xls. Task 27 Deliverables • 20 Final Reports • 7 Technical Appendices • 20 Final Executive Summaries • CD of Report and Executive Summary in PDF format • CD of Report, Executive Summary, and Technical Appendix in working file format Task 28 — Presentation 1 "BWR" will attend a study session meeting with the official body, and with the general public to present the report findings and to allow public comment. Task 28 Deliverables • Presentation exhibits Task 29 — Presentation 2 "BWR" will present the report to the goveming body of "FAYETTEVILLE" at a meeting for official action. Task 29 Deliverables • Presentation exhibits Task 30 — Alternative Transportation Elements "BWR" will review the current Major Street Plan, Trails Master Plan, and Subdivision Regulations as they pertain to right-of-way requirements for sidewalks, trails, transit, and other altemative transportation modes and make recommendations on changes appropriate to the fostering multi -modal alternative transportation modes. "BWR" will consult public officials and review "FAYETTVILLE", University, and other community plans and make recommendations to connect land use and transportation community goals. `BWR" will review public (City and University) transit programs, plans, and proposals, and provide analysis on how these relate to future land use plans. This analysis will include the identification of present and future multi -modal nodes within the City. "BWR" will provide "FAYETTVILLE" a best practices review of land use and transportation policy from up to six peer cities and provide policy recommendations based on this review, a literature review, and "FAYETTEVILLE" staff comment. "BWR" will meet three times in the course of the task with "FAYETTEVILLE": initially with "FAYETTEVILLE" staff and the University, again with staff to review the document, and finally with the public and the "FAYETTEVILLE" Council. Task 30 Deliverables • Multimodal Transportation Plan draft (electronic and hard copy) M.2032e9.14asq. *bc'mvnLagrmom for =#D=ing Iasi= rental 1 7-W.hc 9 • • • Final Multimodal Transportation Plan (electronic and hard copy) SECTION III — INFORMATION & SERVICES "FAYETTEVILLE" will furnish any specifications, standards and other information, which may relate to the project including GIS data. Aerial mapping data will be provided, free of charge, to "BWR" in digital media. Items to be furnished by "FAYETTEVILLE" to "BWR" have been defined in SECTION II — SCOPE OF THE PROJECT. SECTION IV — SERVICES TO BE FURNISHED BY "BWR" DURING "DESIGN" PHASE Not part of this Study Phase. SECTION V — COORDINATION WITH "FAYETTEVILLE" "BWR" shall hold conferences throughout the study of the project with representatives of "FAYETTEVILLE" as described in SECTION II — SCOPE OF THE PROJECT. SECTION VI — OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at "FAYETTEVILLE'S" Engineers office. SECTION VII — CONCEPT AND PRELIMINARY SUBMISSION "BWR" shall submit draft copies for review by City staff as described in SECTION II — SCOPE OF THE PROJECT. SECTION VIII — FINAL SUBMISSION The final submission for this project will be as described in SECTION II — SCOPE OF THE PROJECT. SECTION IX — "BWR RESPONSIBILITY DURING `BIDDING" AND "CONSTRUCTION" PHASES Not part of this Study Phase. SECTION X — SUBCONTRACTING Subcontracting by `BWR" of specified services provided herein shall be to the Louis Berger Group, Inc. and to Crafton, Tull & Associates, Inc. SECTION XI — TIME OF BEGINNING AND COMPLETION "BWR" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete the study phase of the contract within 300 calendar days. A proposed project schedule has been attached for reference. The above completion time is predicated upon the fact that "FAYETTEVILLE" will cause to be processed approvals of interim work in an expeditious manner 15 business days per submittal. Mk2002POsMO89 tekle0t.ntrtla'ltanatl lig alpuving sante revisal 10.11-02.tM 10 SECTION XII — FEES AND PAYMENTS For, and in consideration of, the services to be rendered by "BWR", "FAYETTEVILLE" shall pay "BWR" on the basis of standard hourly rates in effect at the time the work is done, plus direct reimbursable expenses associated with the project. Hourly rates for the various classifications of employees for 2002 are set out in Attachment B to this document. Rates are adjusted annually at the beginning of each calendar year Payment shall be made monthly based on invoices from the "BWR". Invoices shall identify the hours spent and the reimbursable expenses on each Task listed in the scope of services provided. "FAYETTEVILLE" shall endeavor to pay the invoices within thirty days of submission by "BWR" to "FAYETTEVILLE". However, "FAYETTEVILLE" does not guarantee payment within the thirty day time period after the receipt of the invoices. Total payment for Section II shall not exceed $222,382.00. This amount shall not be increased as a result of updating Attachment B for compensation of 2003 rates. Inasmuch as completion of the project has been identified within 300 days in SECTION XI — TIME OF BEGINNING AND COMPLETION, delay of the project beyond December 31, 2003 by "FAYETTEVILLE" will constitute a change of scope, as described in SECTION XIII — CHANGES, and would be a basis for negotiating a new upper limit of compensation in accordance with SECTION XIII — CHANGES. The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. The upper limit justification for each Task in Appendix "A" is an estimate. The total man-hours actually spent on each project item of work or task may vary from those indicated on Appendix "A", but the total not -to -exceed amount will be adhered to unless changes in scope of work are made and agreed to by "FAYETTEVILLE" and "BWR". Subject to the prior City Council approval, adjustment of the upper limit may be made should "BWR" establish and "FAYETTEVILLE" agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if "FAYETTEVILLE" decided to shorten or lengthen the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project "by BWR". SECTION XIII — CHANGES "FAYETTEVILLE" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes and increase of decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. Changes, modifications of amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, price of fees. Any claim by "BWR" for adjustment under this clause must be asserted with thirty (30) days from the date of receipt by ` BWR" of the notification of any change; provided, however, that "FAYETTEVILLE" decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of M32002 U89.Itl`8"molrvNagamos W mpixmry scrim mud 10'702.dx 11 • • the clause of this contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. SECTION XIV — OWNERSHIP OF DOCUMENTS All documents, including original drawings, disk of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of "FAYE 1 1 EVILLE". "BWR" may retain reproduced copies of drawings and copies of other documents. SECTION XV — POSTPONEMENT OR CACELLATION OF THE CONTRACT It is understood that "FAYETTEVILLE" will have the right to suspend or cancel the work at any time. A. Postponement — Should "FAYETTEVILLE", for any reason whatsoever, decide to postpone the work at any time, "FAYETTEVILLE" will notify "BWR", who will immediately suspend work. Should "FAYETTEVILLE" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be canceled as hereinafter provided. B. Cancellation — Should "FAYETTEVILLE", for any reason whatsoever, decided to cancel or to terminate the use of `BWR'S" service, "FAYETTEVILLE" will give written notice thereof to "BWR", who will immediately terminate the work. If "FAYETTEVILLE" so .elects, `BWR" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. "BWR" shall turn over all data, charts, survey notes, figures, drawings and other records or information collected or produced hereunder whether partial or complete. Upon such termination of `BWR'S" services, `BWR" shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed. SECTION XVII — MISCELLANEOUS PROVISIONS 1. Responsibility for Claims and Liability — "BWR" shall save harmless "FAYETTEVILLE" from all claim and liability due to "BWR'S" negligent performance, or those of its subcontractors, its agents, or its employees during the time this contract is in force. 2. General Compliance with Laws — `BWR" shall comply with federal, state and local laws and ordinances applicable to the work. `BWR" shall be a professional engineer, licensed in the State of Arkansas. 3. Controlling Law — This Agreement is to be governed by Arkansas law. 4. Engineers Endorsement — `BWR" shall endorse and recommend all plans, specifications, estimates and engineering data furnished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. 5. Arkansas Freedom of Information Act — "BWR" agrees that it will provide to "FAYETTEVILLE", at a cost to be agreed upon, all documents in its possession that are, under this Agreement, the property of "FAYETTEVILLE" and which "FAYEI I EVILLE" believes to be subject to an Arkansas Freedom of Information Act request made to it, or, in MVW2P1114.40391cMocir.I l,aE,n fa m®acairy ,unto miser! 10.17.02.6x 12 • • anticipation of such a request, which it believes necessary for it to possess. "BWR" further agrees that it will request of all subconsultants, retained by "BWR" to perform services under this Agreement, to provide to "FAYETTEVILLE", at a cost to be agreed upon, all documents in the possession of such subconsultants that are, under this Agreement, the property of "FAYETTEVILLE" and which "FAYETTEVILLE" believes to be subject to an Arkansas Freedom of Information Act request made to "FAYETTEVILLE", or, in anticipation of such a request, which it believes necessary for "FAYETTEVILLE" to possess. `BWR" will produce all documents or material in the format that are kept by "BWR", or at the option of "BWR" in some other format. If a specialized format is requested by "FAYETTEVILLE", the cost of conversion, if that additional responsibility is accepted by `BWR", will be borne by "FAYETTEVILLE" at the then -prevailing rates for the parties actually performing the conversion. "BWR" agrees to use due diligence to comply with all requirements of the Arkansas Freedom of Information Act. Nothing in this Agreement shall constitute an acceptance of `BWR" or its subconsultants to the application of the Arkansas Freedom of Information Act to `BWR" or its subconsultants or to "BWR's" or subconsultants' books, records, drawings, or other items not constituting the property of "FAYETTEVILLE" under this Agreement, nor a waiver of its rights to object to any requests made pursuant to the Arkansas Freedom of Information Act by any person or entity not a party to this Agreement. SECTION XVIII — SUCCESSORS AND ASSIGNS "FAYETTEVILLE" and `BWR" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither "FAYETTEVILLE" nor "BWR" shall assign, sublet or transfer interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XIX — COVENANT AGAINST FEES "BWR" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for `BWR", to solicit or secure this contract, and that is has not paid or agreed to pay any company or person, other than a bonafide employee working solely for "BWR", any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, "FAYETTEVILLE" shall have the right to annul this contract without liability. M1202PBAVia9 MrYKmmnuNpimm the aipnmie[ eaviaa revisal I].IR. be 13 • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written FAYETTEVILLE MayorB ATTEST M:UIIB2 PBMIIX9uc*kt omina] pnmiry W I0I7412hc BWR By 14 G. White or of Operations TW la - Special 51WY LL®Rae Task 19. Review Meeting 2 Teak 10- RAW bans q Task 21. Conceptual 5otaaabcs Tach 22 - Improvement Costs Task 23 - PM.ma9m oral Capital Improvement Task 24 - Review Meeting Tama 25- pal Rept Task 20 Renew Meetq< rash 27 - Rept Task 2t- RYalealM1 Task P-Resertrtm 2 task 30 - kbmuve Transpanation Elements Total I i 1r `I III • ! t " ;i.ZtR ' |i \i `il i| 1111§ \ ! a.,: .)I; .r,�=,; ...... . .. .......82 6Z “1-. ; .. .. . . .... ... ..4`! . : ..... . ,..�' .1 .1,. |!I •• BWR lash 01 iLOW _ :\ j \ . .j,�„ .W }|w . ; ; 0, .. r . ||I . ,), n> 8 . , 8P , ! !i: a; at , ! |;, |>, j \ |_! |;, ;,.,.:l,.r,. .ii ....1:,=,,,,.,;, ' \\A|/; �aaaaaJRaeaaraa, 9//\///Q4. R ! 4, , , !, „ , ,-|1 mm m \I _ .... . .. mm. ..!| , )! \\\§sys §/rgg§\/S8 la ... \§/ }\R|\\\/|h\ _/®.e ® MA2002PBs\4089.tet\e ppendix A Combined Summary revised 10-02-02.xls O a. !Task 30 - Alternative Transportation Elements [Task 29 - Presentation 2 !Task 28 - Presentation 1 ITask 27 - Report ITask 26 - Review Meeting 4 ITask 25- Draft Report 'Task 24 - Review Meeting 3 'Task 23 - Prioritization and Capital Improvement Task 21 - Conceptual Schematics Task 22 - Improvement Costs 'Task 20 - Public Meeting 2 ITask 19 - Review Meeting 2 !Task 18 - Special Study Locations ITask 17 - Major Street Plan Review ITask 16 - Arterial Level of Service ITask 15 - Improvement Strategies Task 13 - Simtrafc Model Task 14 - Capacity and Queuing Analysis 'Task 12 - Traffic Forecasts ITask 11 - Turning Movement Summary 'Task 10 - Travel lime Runs ITask 9 - Windshield Survey 'Task 8 - Traffic Counts 'Task 7 - Review Meeting 1 'Task 6 -Access Management Policies 'Task 5 - Traffic Calming Procedures JTask 4 - Smart Growth Policies JTask 3 - Development Assessment Policies _ ITask 2 - Public Meeting 1 'Task 1 - Orientation ti N N F Manhour and Fee Estimate Fayetteville, Arkansas City Wide Traffic Study 81912002 44 0 N O$ A O NO cm CD m 12 0) A 12 CO N A A N N CO N N N N N Na N N N A N 0 y co N y m m O A A M O) N _. N W M N Na 0 0 N N 182 N 0) N N— N O) o Na N A -6 N 0OW Oma 0='� A (l� A OOA A N Aym CD A «a03 Nm o — A O— 0 N N N 0 CO m O 64 O' O CO y m o_A o A m N A a O) A A N N N A 0 O) N o 2 m o�A CO AN A A N) A -6 N CO 0) W N N NO 000A N 80 78 AAAA BWR Draftsman $45.00 0 O) N N N -6 O) u N r N BWR Sr Planner $120.00 Na O co -. Na Na W N 12 co N BWR Planner 11 $80.00 J Na N CTA S. Engr. $110.00 CO o 0 m' m m 0 c3 D 0 A 0 0 O O m A y 0 00 p D 0)) 0 0 rn007a 0 ' o_m 0 oo' o o LBG E.B $147.00 m m w CO m oG 0 1 2001 N O 0 LBG A.Q. $50.00 co N co Na H m y oyy 2740 1 224 O 01 a)) O 24 1 1241 A N N o O) A 1281 0 A W J 0 1 4441 A t00 + Na A N p m N N 50 36 N m -4 0 1 $213,423.001 1 $23.680.001 1 $2,940.00 I $4.360.001 fR 1 $12280.00 Labor Costs NNN . O) 6 0 .. O 0 0 A 0 0 NN y 0 O t5 O 0 O 00 69 A 0 O 6,4 m -CO O) 0 0 0 0 -co 0 0 _N t8 O O 0 NV y N O 0 8 O 0 _w+_0 W o 0 T 0 0 _N J 0 0 _W mN 6) 0 N O O 0 th N co' 0 _A J 0 0 N _0 O NS 0 0 CM 8 0 0 t 0 O 0 69 NJ m 0 0 . A 0 0 . N 0 0 69 0 O) 0 0 74001 00 O 5001 1 $001 L 500J 1 5001 500 7501 {01 O 1 5001 5001 00 0 O n J 0 A N CO (J -a 0 CO CO BWR Lodging $70.00 N WAN NJ N 4)N 00 A O)0 BWR Perdiem $28.00 1 40001 A 0 0 0 CTA Mileage $0.33 N N N J y r o=" m a 0 O N O 1 $0.001 1 $0.001 $0.o01 $1.057.75 1 $0.00 1 $0.00 1 $0.00 N 0 00NCa) 0 S N A 0 m 0 0 N 00 0 N 0 0 0 W 0 0 fR bi 0 0 0 0 N A 0 o N WM 00 O 0 0 fA 0 0 EA 0 0 d) 0 S fA 0 0 fA 0 0 CA O 01 J 0T EA W S 0 N 0 A 0 0. 0 0 co QL O 69 Na S Indirect Costs N 0(A 00 0 0 0 $3,178.501 1 $6.347.751 1 $21,550.001 H M N) _N 0 N O O EA M W 0 J A O o (A 0) N 000 O O O IA4A 0 N CO N O N A O O O M CO y-6 A 00 O O d) tJ V CO of (A CO A O) 0 0 b) M 5.11W t CO O) M O)AJ 0 0 0 0 M •A co 0) O W 0 + 0 00000000000 O fA 0 N A-000)0 O d) J + O d) O) 0 (A N o 0 (A Na J 0 0) W 0 (A W _ CON O) 0 )F O 0 fA [T 0 M J 001 (A 01N q CO A o 69 -to W 0 0 69 D7 00 0 0 60 ACO A 0 0 09 VI 0 0 O 61 ca N A 0 o EA -+ 0) O 0 0 Total Cost • • • APPENDIX B BUCHER, WILLIS & RATLIFF CORPORATION HOURLY RATES THROUGH DECEMBER 31, 2002 Classification Hourly Rate Principal $ 170.00 Senior Project Manager $ 155.00 Project Manager $ 120.00 Technical Manager $ 115.00 Senior Engineer $ 115.00 Design Engineer IV $ 100.00 Design Engineer III $ 90.00 Design Engineer II $ 75.00 Design Engineer I $ 65.00 Environmental Scientist $ 60.00 Senior Planner $ 120.00 Planner III $ 90.00 Planner II $ 80.00 Planner I $ 70.00 Senior Architect $ 115.00 Architect II $ 95.00 Architect I $ 70.00 Architectural Intern $ 55.00 Senior Park Planner $ 115.00 Senior Landscape Architect $ 115.00 Landscape Architect III $ 80.00 Landscape Architect II $ 70.00 Landscape Architect I $ 55.00 Senior Technician $ 90.00 Technician III $ 80.00 Technician II $ 70.00 Technician I $ 55.00 Draftsman $ 45.00 Senior Registered Land Surveyor $ 85.00 Registered Land Surveyor $ 70.00 Two -Man Survey Crew $ 125.00 Survey Technician $ 60.00 Administrative Assistant $ 75.00 Word Processor $ 50.00 Clerical $ 35.00 Nuclear Testing Gauge $ 45.00/Unit/Day Traffic Studies Equipment $ 15.00/Unit/Day Mileage $ 0.365/Mile Survey Vehicle Mileage $ 0.45/Mile Overtime rates for non salaried staff will be factored by 1.5 M:\2002PBs\9N9.tet\doc\contract\Appendix B Rates 2002.doc • APPENDIX B THE LOUIS BERGER GROUP, INC. HOURLY RATES THROUGH DECEMBER 31, 2002 • Staff Hourly Rate Dane Ismart $ 160.00 Ed Bromage $ 147.00 Joe Lowry $ 93.00 Andrea Quenneville $ 50.00 Shiv Shivanaprasad $ 67.00 Overtime rates for non salaried staff will be factored by 1.5 M:\2002PBs\4069.tet\doc\contract\Berger Appendix B Rates 201:12doc