HomeMy WebLinkAbout146-06 RESOLUTIONRESOLUTION NO. 146-06
A RESOLUTION APPROVING A CONTRACT WITH CARTER &
BURGESS, INC. IN THE AMOUNT OF $175,000.00 FOR THE
STUDY PHASE OF THE FAYE l I EVILLE EXPRESSWAY
DEVELOPMENT CORRIDOR; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $200,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Contract with Carter & Burgess, Inc. in the amount of
$175,000.00 for the study phase of the Fayetteville Expressway Development
Corridor. A copy of the Contract, marked Exhibit "A," is attached hereto and
made a part hereof.
a
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment in the amount of $200,000.00.
PASSED and APPROVED this 5th day of September, 2006.
APPROVE: ATTEST:
By:
DAN COODY, Ma
By:
: FAYETTEVILLE:
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SONDRA SMITH, City Clerk
AGREEMENT
FOR
ENGINEERING SERVICES
JOB NO.
FEDERAL AID PROJECT ("FAP") NO.
PREAMBLE l
THIS AGREEMENT, entered into this 64i) day of SyLith�C.i , , by and
between City of Fayetteville_("Owner"), and Carter & Burgess, In ("Consultant"), a corporation
existing under the laws of the State of Texas, with a principal office at 10816 Executive Center
Drive, Suite 300, Little Rock, Arkansas 72211-6021 and a regional office at One East Center
Street, Suite B200, Fayetteville, Arkansas 72701.
WITNESSETH:
WHEREAS, the Owner is planning to study existing and projected traffic flow in a project
area generally bounded by College Avenue, Interstate 540 from the Fulbright Expressway to Exit
No. 69, Millsap Road, and the Fayetteville City Limits.
WHEREAS, the Owner's forces are fully employed on other urgent work that prevents
their early assignment to the aforementioned work; and,
WHEREAS, the Consultant's staff is adequate and well qualified, and it has been
determined that its current workload will permit completion of the project on schedule.
NOW THEREFORE, it is considered to be in the best public interest for the Owner to
obtain the assistance of the Consultant's organization in connection with 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:
1. PRELIMINARY MATTERS
1.1. "Consultant's Representative" shall be Kip Guthrie until written notice is provided to
the Owner designating a new representative.
1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $175,000.
The Contract Ceiling Price is the maximum aggregate amount of all payments that the
Owner may become obligated to make under this Agreement. In no event, unless
modified in writing, shall total payments by the Owner under this Agreement exceed the
Contract Ceiling Price. The Consultant shall not be entitled to receive adjustment,
reimbursement, or payment, nor shall the Owner, its officers, agents, employees, or
representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling
Price.
1.3. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the
Owner under this Agreement.
1.4. "Default" means the failure of the Consultant to perform any of the provisions of this
Agreement. Default includes, but is not limited to, failure to complete phases of the work
according to schedule or failure to make progress in the work so as to endanger timely
performance of this Agreement, failure to pay subcontractors in a timely manner, failure
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to comply with federal and state laws, and failure to comply with certifications made in or
pursuant to this Agreement.
1.5. `Department" or "AHTD" means the Arkansas State Highway and Transportation
Department.
1.6. "DOT means the United States Department of Transportation.
1.7. "FAR" means the Federal Acquisition Regulations, codified in 48 C.F.R.
1.8. "Fee" whether fixed or otherwise is a dollar amount that includes the Consultant's
profit on the job.
1.9. "FHWA" means the Federal Highway Administration.
1.10. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 C.F.R.
Part 31, and is also subject to any limitations contained herein. The Indirect Cost Rate
for the Consultant under this Agreement shall be 177.48 percent. If applicable, the
Indirect Cost Rate for each subcontractor shall be listed in Exhibit B.
1.11. "Title I Services" are those services provided by the Consultant before the award of
the contract for the construction of the Project, consisting primarily of engineering
services for the planning or design of the Project.
1.12. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is
$175,000. The Title I Services Ceiling price is the maximum aggregate amount of all
payments that the Owner may become obligated to make under this Agreement for fees
and costs related to Title I Services. In no event, unless modified in writing, shall total
payments by the Owner related to Title I Services exceed the Title I Services Ceiling
Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or
payment for, nor shall the Owner, its officers, agents, employees, or representatives,
incur any liability for, any fee or cost related to, Title 1 Services exceeding the Title
Services Ceiling Price.
1.13. "Title II Multiplier" (if applicable) is the mark-up by which the fee and indirect costs
associated with Title II services are calculated. The Title II Multiplier, which accounts for .
the fee and indirect costs, is multiplied by the salary rate, as shown on the Schedule of
Salary Ranges, of the particular individual(s) performing the Title II services. The Title 11
Multiplier for the term of this Agreement is 3.10.
1.14. "Title II Services" are those services provided by the Consultant after the award of the
contract for the construction of the Project, consisting primarily of engineering services
during the construction of the Project.
1.15. "Title II Services Ceiling Price". The Title II Services Ceiling Price for this Agreement
is $ 0.00. The Title II Services Ceiling price is the maximum aggregate amount of all
payments that the Owner may become obligated to make under this Agreement for fees
and costs related to Title II Services. In no event, unless modified in writing, shall total
payments by the Owner related to Title II Services exceed the Title II Services Ceiling.
Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or
payment for, nor shall the Owner, its officers, agents, employees, or representatives,
incur any liability for, any fee or cost related to, Title Il Services exceeding the Title 11
Services Ceiling Price.
2. TYPE OF AGREEMENT
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2.1. This Agreement is a cost -plus -fixed -fee contract. The Consultant is being hired to
perform professional engineering services in connection with the Project as set forth
herein. In consideration for Title 1 services performed, the Owner will reimburse the
Consultant for allowable direct and indirect costs, as defined herein, and pay the
Consultant a fixed fee. If Title II services are to be performed, the Owner will reimburse
the Consultant for allowable direct costs and also pay the Consultant an amount
determined by multiplying the salary rate of the individual(s) performing the Title 11
services, as shown on the Schedule of Salary Ranges, by the Title 11 Multiplier.
2.2. The Project to be performed under this Agreement is a federally -assisted project and
federal funds will be used, in part, to pay the Consultant Therefore, notwithstanding any
provision of this Agreement, all payments, costs, and expenditures are subject to the
requirements and limitations of 48 C.F.R. Part 31, and the Consultant shall certify the
accuracy of all invoices and requests for payment, along with supporting documentation
and any information provided in determining the Indirect Cost Rates.
3. COSTS. FEES. AND PAYMENT
3.1. Allowable costs.
3.1.1. Allowable costs are subject to the limitations, regulations, and cost principles and
procedures in 48 C.F.R. Part 31, which are expressly incorporated into this
Agreement by reference. For the purpose of reimbursing allowable costs (except
as provided in subparagraph 2 below, with respect to pension, deferred profit
sharing, and employee stock ownership plan contributions), the term costs includes
only -
3.1.1.1. Those recorded costs that, at the time of the request for reimbursement, the
Consultant has paid by cash, check, or other form of actual payment for items
or services purchased directly for the Agreement
3.1.1.2. When the Consultant is not delinquent in paying costs of contract
performance in the ordinary course of business, costs incurred, but not
necessarily paid, for—
• Materials issued from the Consultant's inventory and placed in the
production process for use in its performance under this Agreement;
• Direct labor,
• Direct travel;
• Other direct in-house costs; and
• Properly allocable and allowable indirect costs, as shown in the records
maintained by the Consultant for purposes of obtaining reimbursement
under government contracts; and
• The amount of progress payments that have been paid to the
Consultant's subcontractors under similar cost standards.
3.1.2. Consultant's contributions to any pension or other post-retirement benefit, , profit-
sharing or employee stock ownership plan funds that are paid quarterly or more
often may be included in indirect costs for payment purposes; provided, that the
Consultant pays the contribution to the fund within 30 days after the close of the
period covered. Payments made 30 days or more after the close of a period shall
not be included until the Consultant actually makes the payment. Accrued costs for
such contributions that are paid less often than quarterly shall be excluded from
indirect costs for payment purposes until the Consultant actually makes the
payment.
3.1.3. Notwithstanding the audit and adjustment of invoices or vouchers, allowable
indirect costs under this Agreement shall be obtained by applying Indirect Cost
Rates established in accordance with Subsection 3.3 below.
3.1.4. Any statements in specifications or other documents incorporated in this
Agreement by reference designating performance of services or furnishing of
materials at the Consultant's expense or at no cost to the Owner shall be
disregarded for purposes of cost -reimbursement.
3.2. Salaries. The following schedule covers the classification of personnel and the salary
ranges for all personnel anticipated to be assigned to this project by the Consultant:
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3.2.1.1. SCHEDULE OF SALARY RANGES
Protect Director
Project Manager
Transportation Planner
Roadway Engineer
Bridge Engineer
Senior Engineer
Engineer 11
Engineer 1
Engineering Designer!!
Engineering Designer 1
CADD Technician 11
CADD Technician 1
Party Chief
Survey Tech
Landscape Architect
Environmental Scientist
Administrative Assistant
Salary Range
(Dollars/Hour)
Min. Max.
40.00 75.00
40.00 60.00
40.00 60.00
30.00 55.00
30.00 55.00
45.00 55.00
30.00 45.00
20.00 35.00
25.00 35.00
12.00 25.00
25.00 35.00
12.00 25.00
15.00 25.00
12.00 20.00
30.00 50.00
• 20.00 40.00
10.00 25.00
3.2.1.2. The Owner shall reimburse the Consultant for overtime costs only when the
overtime has been authorized in writing by the Owner. When authorized,
overtime shall be reimbursed at the rate of time and one-half for all
nonexempt employees. Notwithstanding this provision, the Consultant must
comply with all federal and state wage and hour laws and regulations,
regardless whether the overtime is considered reimbursable under this
Agreement.
3.3. Indirect Cost Rates.
3.3.1. Allowable indirect costs incurred by the Consultant shall also be reimbursed by
the Owner at the Indirect Cost Rate. The Indirect Cost Rate of the Consultant for
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this Agreement shall be the rate as set forth in subsection 1.11. If applicable, the
Indirect Cost Rate for subcontractors shall be determined in the same manner and
subject to the same limitations as the Consultant, and shall be listed for each
subcontractor identified in Appendix A. The Indirect Cost Rate, or any adjustment
thereto, shall not change any monetary ceiling, contract obligation, or specific cost
allowance, or disallowance provided for in this Agreement except as provided for in
sections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect
costs pursuant to 48 C.F.R. Part 31 ("FAR").
3.3.2. In establishing the Indirect Cost Rate or proposing any adjustment thereto, the
Consultant shall, upon request, submit to the Owner, FHWA, or their
representatives an audited indirect cost rate and supporting cost data in
accordance with the requirements set forth in the current Arkansas Highway &
Transportation Department indirect Cost Rate Audit Requirements.
3.3.3. During the term of this Agreement, if an audit of a subsequent accounting period
of the Consultant demonstrates that the Consultant has incurred allowable indirect
costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be
adjusted. Any adjustment is subject to the audit and documentation requirements
of the FAR and the current Arkansas Highway & Transportation Department Indirect
Cost Rate Audit Requirements. Except in the case of a provisional Indirect Cost
Rate, as provided in the following subparagraphs, or the disallowance of cost
following a subsequent audit, any adjustment to the Indirect Cost Rate shall be
effective only prospectively from the date that the adjustment is accepted.
3.3.4. In order to expedite some projects, when an audited indirect cost rate has not yet
been submitted and approved, the Owner may extend a temporary waiver and
accept a provisional indirect cost rate. This provisional rate must be reviewed by,
and receive a positive recommendation from the Arkansas Highway and
Transportation Departments Chief Fiscal Officer. The provisional cost proposal
must be accompanied by written assurance from an independent CPA that he/she
has been engaged to audit the costs in accordance with the above requirements.
The anticipated audit must be based on costs incurred in the most recently
completed fiscal year for which the cost data is available, with the audit scheduled
to begin within a reasonable time frame. If the date of the initial cost proposal is
within the last quarter of the current fiscal year, the audit may be delayed until the
current fiscal year is closed and the final cost data is available. The written
assurance from the CPA that he or she has been engaged to perform the audit at
an appropriate time is still required.
3.3.5. Once an audited indirect cost rate is approved, the ceiling prices provided for in
the initial agreement using the provisional indirect cost rate will be adjusted with a
supplemental agreement to implement the resulting increase or decrease from
revising the indirect cost rate, and all amounts paid the consultant prior to receipt
and acceptance of an audited indirect cost rate will be retroactively adjusted for
changes in the indirect cost rate. However, no changes in hours, fixed fees, or
other costs will be allowed as a result of applying the audited indirect cost rate.
3.4. Fees. The justification for the fees and costs is contained in Appendix A. In addition
to reimbursement of the allowable costs as set forth above, the Owner shall pay to the
Consultant a fixed fee of $17,255.40 for Title I Services. For Title II Services, if
applicable, the Owner shall reimburse the Consultant for allowable direct costs and also
pay to the Consultant an amount determined by multiplying the salary rate of the
individual(s) performing the Title II Services, as shown on the Schedule of Salary
Ranges, by the Title 11 Multiplier. The Title II Multiplier shall account for all fees and
indirect costs associated with Title II services.
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3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and
payment of the fees shall be made as follows, unless modified by the written agreement
of both parties:
3.5.1. Not more often than once per month, the Consultant shall submit to the Owner, in
such form and detail as the Owner may require, an invoice or voucher supported by
a statement of the claimed allowable costs for performing this Agreement, and
estimates of the amount and value of the work accomplished under this Agreement.
The invoices for costs and estimates for fees shall be supported by any data
requested by the Owner.
3.5.2. In making estimates for fee purposes, such estimates shall include only the
amount and value of the work accomplished and performed by the Consultant
under this Agreement which meets the standards of quality established under this
Agreement. The Consultant shall submit with the estimates any supporting data
required by the Owner. At a minimum, the supporting data shall include a progress
report in the form and number required by the Owner.
3.5.3. Upon approval of the estimate by the Owner, payment upon properly executed
vouchers shall be made to the Consultant, as soon as practicable, of 100 percent of
the allowed costs, and of 90 percent of the approved amount of the estimated fee,
less all previous payments. Notwithstanding any other provision of this Agreement,
only costs and fees determined to be allowable by the Owner in accordance with
subpart 31.2 of the Federal Acquisition Regulations (FAR) in effect on the date of
this Agreement and under the terms of this Agreement shall be reimbursed or paid.
3.5.4. Before final payment under the Agreement, and as a condition precedent thereto,
the Consultant shall execute and deliver to the Owner a release of all claims
against the Owner arising under or by virtue of this Agreement, other than any
claims that are specifically excepted by the Consultant from the operation of the
release in amounts stated in the release.
3.6. Title 1 Services, Title 11 Services, and Contract Ceiling Prices. The parties agree that
aggregate payments under this Agreement, including all costs and
to shall
not
exceed the Contract Ceiling Price. The parties further agree that aggregate payments
for Title I services under this Agreement, including all costs and fees, shall not exceed
the Title 1 Services Ceiling Price; and that aggregate payments for Title II services under
this Agreement, including all costs and fees, shall not exceed the Title 11 Services Ceiling
Price. No adjustment of the Indirect Cost Rate or the Title 11 Multiplier, claim, or dispute
shall affect the limits imposed by these ceiling prices. No payment of costs or fees shall
be made above these ceiling prices unless the Agreement is modified in writing.
3.7. Final payment.
3.7.1. The Consultant shall submit a completion invoice or voucher, designated as
such, promptly upon completion of the work, but no later than forty-five (45) days
(or longer, as the Owner may approve in writing) after the completion date. Upon
approval of the completion invoice or voucher, and upon the Consultants
compliance with all terms of this Agreement, the Owner shall promptly pay any
balance of allowable costs and that part of the fee (if any) not previously paid.
3.7.2. The Consultant shall pay to the Owner any refunds, rebates, credits, or other
amounts (including interest, if any) accruing to or received by the Consultant or any
assignee under this Agreement, to the extent that those amounts are properly
allocable to costs for which the Consultant has been reimbursed by the Owner.
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Reasonable expenses incurred by the Consultant for securing refunds, rebates,
credits, or other amounts shall be allowable costs if approved by the Owner. Before
final payment under this Agreement, the Consultant and each assignee whose
assignment is in effect at the time of final payment shall execute and deliver—
• An assignment to the Owner, in form and substance satisfactory to the Owner, of
refunds, rebates, credits, or other amounts (including interest, if any) properly
allocable to costs for which the Consultant has been reimbursed by the Owner
under this Agreement and,
• A release discharging the Owner, its officers, agents, and employees from all
liabilities, obligations, and claims arising out of or under this Agreement.
3.8. Owner's Right to Withhold Payment. The Owner may withhold payment to such
extent as it deems necessary as a result of: (1) third party claims arising out of the
services of the Consultant and made against the Owner, (2) evidence of fraud, over-
billing, or overpayment; (3) inclusion of non -allowable costs; (4) failure to make prompt
payments to subcontractors in the time provided by this Agreement; (5) payment
requests received including fees for unapproved subcontractors; and/or (6) the
Consultant's default or unsatisfactory performance of services. The withholding of
payment under this provision shall in no way relieve the Consultant of its obligation to
continue to perform its services under this Agreement.
4. DISALLOWANCE OF COSTS
4.1. Notwithstanding any other clause of this Agreement, the Owner may at any time
issue to the Consultant a written notice of intent to disallow specified costs incurred or
planned for incurrence under this Agreement that have been determined not to be
allowable under the contract terms.
4.2. Failure to issue a notice under this Section shall not affect the Owner's rights to take
exception to incurred costs.
4.3. If a subsequent audit reveals that: (1) items not properly reimbursable have, in fact,
been reimbursed as direct costs; or (2) that the Indirect Cost Rate contains items not
property reimbursable under the FAR; then, in the case of indirect costs, the Indirect
Cost Rate shall be amended retroactively to reflect the actual allowable indirect costs
incurred, and, in the case of both direct and indirect costs, the Owner may offset, or the
Consultant shall repay to Owner, any overpayment.
5. RECORDS & AUDITS
5.1. Records includes books, documents, accounting procedures and practices, and other
data, regardless of type and regardless of whether such items are in written form, in the
form of computer data, or in any other form.
5.2. Examination. The Consultant shall maintain, and the Owner, AHTD, FHWA, and their
authorized representatives shall have the right to examine and audit all records and
other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have
been incurred or anticipated to be incurred in performance of this Agreement. This right
of examination shall also include examination and audit of any records considered,
relied upon, or relating to the determination of the Indirect Cost Rate or any certification
thereof, including any CPA audit relied upon to establish the rate. This right of
examination shall also include inspection at all reasonable times of the Consultants
offices and facilities, or parts of them, engaged in performing the Agreement.
5.3. Supporting Data. If the Consultant has been required to submit data in connection
with any action relating to this Agreement, including the negotiation of or pre -negotiation
audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost
reimbursement, request for payment, request for an adjustment, or assertion of a claim,
the Owner, AHTD, FHWA, or their authorized representatives, in order to evaluate the
accuracy, completeness, and accuracy of the data, shall have the right to examine and
audit all of the Consultant's records, including computations and projections, related to—
• The determination or certification of the Indirect Cost Rate, including any
independent CPA audit or certification thereof;
• Any proposal for the Agreement, subcontract, or modification;
• Discussions conducted on the proposal(s), including those related to negotiating;
• Fees or allowable costs under the Agreement, subcontract, or modification;
• Performance of the Agreement, subcontract or modification; or,
• The amount and basis of any claim or dispute.
5.4. Audit. The Owner, AHTD, FHWA, or their authorized representatives, shall have
access to and the right to examine any of the Consultant's records involving transactions
related to this Agreement or a subcontract hereunder.
5.5. Reports. If the Consultant is required to furnish cost, funding, or performance
reports, the Owner, AHTD, FHWA, or their authorized representatives shall have the
right to examine and audit the supporting records and materials, for the purpose of
evaluating (1) the effectiveness of the Consultant's policies and procedures to produce
data compatible with the objectives of these reports and (2) the data reported.
5.6. Availability. The Consultant shall retain and make available at its office at all
reasonable times the records, materials, and other evidence described in this Section
and Section 28, Disputes and Claims, for examination, audit, or reproduction, until five
years after final payment under this Agreement, or for any longer period required by
statute or by other clauses of this Agreement. In addition -
5.6.1. If this Agreement is completely or partially terminated, the records relating to the
work terminated shall be retained and made available for five years after the
termination; and,
5.6.2. Records relating to any claim or dispute, or to litigation or the settlement of
claims arising under or relating to this Agreement shall be retained and made
available until after any such claims or litigation, including appeals, are finally
resolved.
5.7. The Consultant shall insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
6. DESCRIPTION OF THE PROJECT
The City of Fayetteville is enlisting the engineering consulting services of Carter & Burgess, Inc.
to provide consulting services for transportation infrastructure improvements in a project area
generally bounded by College Avenue, Interstate 540 from the Fulbright Expressway to Exit No.
69, Mil!sap Road, and the Fayetteville City Limits.
The general scope of services consists of:
1. Analysis of existing traffic patterns in the Project Area, and projection of future traffic
flows.
2. Development of alternatives for infrastructure improvements to assist traffic movement
through the project area, with particular attention paid to the development of
infrastructure that facilitates ingress and egress to the growing
retail/restaurant/office/medical facility areas located in and near the Project Area.
3. Preparation of a Study Report, to include conceptual designs of recommended
improvements, traffic study results, estimates of probable cost for recommended
improvements, and recommended construction priorities and phasing.
This study will be developed in three phases:
• Phase 1: Data collection
• Phase 11: Network analysis and identification of recommended improvements
• Phase III: Study Report, Supporting Graphics and Council Presentation
7. INFORMATION AND TITLE 1 SERVICES TO BE PROVIDED BY CONSULTANT
7.1. Project Assumptions
1. Alternatives to be developed •
Alternatives will be recommended for two stages of improvements: short-term and long-
term. The time frame for these improvements is defined as follows.
• Short-term Improvements: Items to be completed with the federal
earmarked funds and to be completed on or before 2010.
• Long-term improvements: Items needed to maintain the City selected
measure of effectiveness (MOE) for projected 2025 traffic volumes.
2. Design Year
The design year will be 2025 .
3. Population Projections and Growth Rate
Carter -Burgess will also obtain and input AHTD growth rates and other existing data as
appropriate.
4. Land Use Analysis
The City provided Population Projections and Growth Rate and the current build -out
trend will be used to project future traffic growth in and around the project area.
5. Existing Master Street Plan
The Master Street Plan and roadway improvement plans will be used to establish the
future roadway network in the study area.
7.2. Phase I — Data Collection
1. Kick off Meeting
C&B will lead an informal meeting with City Staff to discuss topics identified in the
scope, including scheduling, confirmation of points of contact, and verification of billing
procedures.
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2. Data Collection Meeting(s)
• C&B will coordinate with and/or meet with surrounding Cities and Agencies as
needed, including, but not limited to: the City of Springdale regarding the
relocation of Johnson Road, the City's Park and Recreation Department to
discuss future trail and pedestrian access and future park lands within the study
area, Ozark Regional Transit and the University of Arkansas regarding existing
and proposed transit routes in the project area, and the City's traffic division
regarding assembly of information and data relative to the existing traffic
operations at existing signalized intersections included in the project area.
• C&B will conduct multiple meetings with City Staff, AHTD, and any other City
invited stake holders to discuss the project.
3. Traffic Data Collection and Origin/Destination Survey
By utilizing video cameras, and both on-line and mail -in surveys a limited
origin/destination survey will be conducted for the study area.
Items to be accomplished are as follows:
A. 24-hour electronic traffic counts and hand turning movements will be performed
at key locations on a typical weekday and weekend night at specific locations to
determine am, pm, and noon hour travel pattems for in the project area.
The following locations will be included:
• Area A — Great House Springs Road/Main Street and 1-540 (Johnson)
• Area B - S. Wilkerson Street at Main Street (Johnson)
• Area C - Joyce at Gregg/S. Wilkerson Street
• Area D — Van Asche and Gregg
• Area E - Shiloh at Ramps
• Area F - Shiloh at Gregg
• Area G - Futrell at Gregg
• Area H - Futrell at Ramps
• Area l - North College and Millsap
• Area J - North College and Joyce - Phase I
• Area J - North College and Joyce - Phase 11
• Area K - North College and Shepard Lane
• Area K - North College and Shepard Lane - Phase 11
• Area L - North College and Zion - Phase!
• Area L - North College and Zion - Phase 11
• Area M - Main Street at North College
• Area N - Steele at Joyce
• Area 0 - Shiloh at Steele
• Area P - Mall and Joyce
• Area P - Johnson and Main (Johnson)
• Area R - Great House Springs Road/Main Street and Carley (Johnson)
B. On-line and mail in surveys. Specifically this will contain:
a) An on-line survey utilizing the Carter & Burgess public website
b) One thousand (1,000) postage paid mail -in surveys will be distributed to
local businesses in the project area that agree to cooperate in
distributing the questionnaires to their employees.
Data resulting from this survey will be tabulated, and analyzed. Survey results
will be documented in the final report.
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4. Existing Network Conditions
An inventory of the existing roadway and trail systems will be compiled. In general
the data will include:
• Roadway name and highway designation and existing functional
classification
• Access control (none, partial, full)
• Street data including right-of-way width, average pavement width and type,
median type, lane configuration, etc.
• One-way or two-way traffic operation
• Tum lane locations
• Median type (raised, flush, depressed, or none)
• Presence or absence of on -street parking
• Presence or absence of sidewalks, both sides or one -side only
• Pedestrian crosswalks and associated traffic control devices
• Posted speed limits
• Signalized intersections
• Two-way and four-way stop sign and yield sign controlled intersections
• Grade separations or interchanges
• Railroad/roadway grade crossings with type of crossing protection
(crossbucks, lights, gates)
• Transit Systems
• Multi -Use Trails, Pedestrian and Bike Paths (DesignatedfTraveled)
7.3. Phase II - Conduct Network Analysis & Identify improvements
1. Project Traffic Volumes
C&B will forecast traffic volumes and demands for the design year 2025 and
interim year 2010. These forecasts will be used in capacity analysis. calculations
conducted as a part of this study. The forecasts will be verified with the City
and/or compared with other City and regional studies before proceeding.
2. Perform Existing Traffic/Network Analysis
C&B will develop a traffic model of the study area. Various modeling softwares
will be utilized to conduct an analysis of existing AM and PM peak period street
operations within the project area. As mutually agreed by both the Engineer and
the City of Fayetteville, the modeling software will be performed in one or more of
the following traffic software, SYNCHRO, CORSIM, SimTraffic or TSPPD. The
model will investigate the traffic movement both as a whole and isolated areas.
C&B will analyze existing traffic access and circulation, including identification of
roadway deficiencies. In general, the roadways to be analyzed are as follows.
• Great House Springs Road/Main Street in Johnson (1-540 to N. College)
• Gregg/S. Wilkerson Street (Main Street to Appleby)
• Steele Boulevard (Shiloh Drive to the NWA Mall)
• Mall Avenue (Shiloh Drive to the NWA Mall)
• Joyce Boulevard (Gregg to Old Missouri)
• Shiloh (Gregg to Mall)
• Futrall/Millsap (Gregg to N. College)
• North College (Milisap to Main Street)
Included in the traffic model will be the evaluation of pedestrian movements to
identify pedestrian demand at critical locations, and the influence of vehicular
operations to this demand. The planned and funded improvements for
pedestrians, bicycles and transit vehicles will be included.
3. Analysis of Existing Deficiencies/Needs
The roadway systems will be modeled and analyzed to determine the major
deficiencies. The results of this model will indicate roadway deficiencies, needs at the
intersections, and will indicate the traffic operating conditions that occur in 2010 and
2025. Measures of Effectiveness will be developed, to include average vehicle speed,
vehicle stops, vehicle delay, vehicle hours of travel, intersection level of service (LOS),
maximum queue length per lane, or other criteria to be determined.
4. Develop Conceptual Improvements
The deficiencies/needs model will be presented to City staff, along with a listing of
potential improvement projects. Three improvement projects will be presented to the
City in conceptual format to correct "major" deficiencies with order of magnitude cost
estimates. "Majora deficiencies are defined as areas in the model that are failing to
move traffic in an effective manner (probably a LOS. D or F) and that will require a
construction budget over $3 million.
The three City approved improvement projects will modeled with AM and PM traffic
volumes and presentation to AHTD.
5. Analyze/Evaluate Selected Scenarios
The traffic models along with the ranking of the projects by MOE and comments from
"AHTD will be presented to the City Street Committee. -
Based on input from the Street Committee and others, the improvements to be
constructed with the available federal funding will be finalized to a single preferred
alternative. The City selected, AHTD approved alternative model will be refined for
presentation, construction cost finalized and conceptual sketches of site amenities
(trees, parks, trails) will be prepared.
6. Environmental Screening
A preliminary environmental screening of the selected alternative will be performed to
determine any major environmental issues that might represent a "fatal flaw" and
prevent timely implementation of the recommended improvements. Existing information
from available sources will be compiled and reviewed to identify environmental
resources and characteristics of the study area. Potential environmental impacts of the
recommended improvements will be considered in general terms to determine the
likelihood of any issues or concerns that might require further detailed environmental
analysis. The potential need for environmental surveys, assessments, or impact
analysis will be noted.
If a "fatal flaw" exists then C&B will immediately contact the City before proceeding.
7.4. Phase 111 - Study Report. Supporting Graphics and Council Presentation
The study findings, conclusions, and recommendations resulting from all the previous
tasks will be documented in a summary report including appropriate text, tables, and
figures. Data and methodology will be included in appendices, as appropriate.
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A draft study report will be prepared and submitted for review and comment by the City.
Following receipt of the City's review comments, the final study report will be prepared
and submitted. The final study report will also be provided in electronic format on CD.
The final model will include roadway/geometric changes and traffic signal system
improvements including integrated Synchro and TSPPD models to obtain optimized
signal timing for the network. This model will be for the worst case traffic condition and
will include planned future improvements with the recommended transportation
improvements identified by the study.
The recommended improvements and corresponding model, the landscape architects
sketches, and estimated cost will be presented to the Street Committee and City
Council.
Four models will be presented, in summary, these models are:
1. Traffic conditions for years 2010 and 2025 with only the currently planned and
programmed improvements or the "no additional action" alternative.
2. Proposed Improvements -- Short-term Improvements with ear marked funded
improvements included for years 2010 and 2025.
The presentation will be a PowerPoint presentation including an overview of the
project, the proposed improvements with cost estimates, the traffic models and color
display boards.
8. INFORMATION TO BE PROVIDED BY THE OWNER
1. Population Projections and Growth Rate
The City will provide the latest Census data for existing populations and the population
projections developed for City Plan 2025 to the Engineer and for use in traffic forecasting.
2. Land Use Analysis
The future land use plan and as well as any planned or proposed
improvements/developments for the study area will be provided by the City. The
Population Projections and Growth Rate and the current build -out trend will be provided
for use in projecting future traffic growth in and around the project area.
3. Existing Master Street Plan
The existing Master Street Plan for the study area and any planned or proposed roadway
improvements for the project area will be provided by the City.
9. TITLE II SERVICES TO BE PROVIDED BY CONSULTANT
None under current contract
10. COORDINATION WITH OWNER
10.1. Throughout the Project, the Consultant shall hold bi-monthly conferences in
Fayetteville, Arkansas, or such other location as designated by, the Owner, with
representatives of the Owner, the AHTD, and the FHWA so that as the Project
progresses, the Consultant shall have full benefit of the Owner's knowledge of existing
needs and facilities and be consistent with the Owner's current policies and practices.
The extent and character of the work to be done by the Consultant shall be subject to
the general oversight and approval of the Owner.
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11. OFFICE LOCATION FOR REVIEW OF WORK
11.1. Review of the work as it progresses and all files and documents produced under this
Agreement may be made by representatives of the Owner, the AHTD, and the FHWA at
the Consultant's Northwest Arkansas Office located in Fayettevillle, Arkansas at One
East Center Street, Suite B200, Fayetteville, Arkansas 72701 or the Central Arkansas
Office in Little Rock at 10816 Executive Center Dr. Suite 300, Little Rock, AR 72211.
12. ACCESS TO PROPERTY
12.1. The Consultant's services to the Owner may require entry upon private property. The
Owner will present or mail to private landowners a letter of introduction and explanation,
describing the work, which shall be drafted by the Consultant. The Consultant will make
reasonable attempts to notify resident landowners who are obvious and present when
the Consultant is in the field. The Consultant is not expected to provide detailed contact
with individual landowners. The Consultant is not expected to obtain entry by means
other than the consent of the landowner. If the Consultant is denied entry to private
property by the landowner, the Consultant will not enter the property. If denied entry to
the property, the Consultant shall notify the Owner and advise the Owner of an alternate
evaluation method if one is feasible. The Owner shall decide on the course of action to
obtain access to the property.
13. DELIVERABLES
The final Study Report will include:
• conceptual designs of recommended improvements on existing aerial
topography,
• traffic study results,
• estimates of probable cost for recommended improvements,
• recommended construction priorities and phasing based on future traffic volumes
Three copies of the final report will submitted to the City in paper format with 5
additional copies in PDF format on CD.
Traffic models and data.
14. SUBCONTRACTING
14.1. Unless expressly disclosed in Appendix B, the Consultant may not subcontract any of
the services to be provided herein without the express written approval of the Owner. All
subcontractors, including those listed in Appendix B, shall be bound by the terms of this
Agreement . All subcontractors shall be subject to all contractual and legal restrictions
concerning payment and determination of allowable costs, and subject to all disclosure
and audit provisions contained herein and in any applicable federal or state law.
14.2. Unless the consent or approval specifically provides otherwise, neither consent by
the Owner to any subcontract nor approval of the Consultant's purchasing system shall
constitute a determination (1) of the acceptability of any subcontract terms or conditions,
(2) of the acceptability of any subcontract price or of any amount paid under any
subcontract, or (3) to relieve the Consultant of any responsibility, obligation, or duty
under this Agreement.
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14.3. No subcontract placed under this Agreement shall provide for payment on a cost-
plus -a -percentage -of -cost basis, and any fee payable under cost -reimbursement
subcontracts shall not exceed the fee limitations of the FAR.
14.4. Furthermore, notwithstanding any other provision within this Agreement, no
reimbursement or payment for any markup of the cost of any subcontract shall be
considered by the Owner without the express written agreement of the Owner.
14.5. Prompt Payment. The Consultant shall pay subcontractors for satisfactory
performance of their subcontracts within 30 days of receipt of each payment by the
Owner to the Consultant. Any retainage payments held by the Consultant must be
returned to the subcontractor within 30 days after the subcontractor's work is completed.
Failure to comply with this provision shall be considered a Default by the Consultant. If
the Consultant fails to comply with this provision, in addition to any other rights or
remedies provided under this Agreement, the Owner, at its sole option and discretion,
may:
• make payments directly to the subcontractor and offset such payments, along with
any administrative costs incurred by the Owner, against reimbursements or
payments otherwise due the Consultant
• notify any sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the Consultant
until the Consultant ensures that the subcontractors have been and will be promptly
paid for work perforated.
14.6. The Consultant shall insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
15. RESPONSIBILITY OF THE CONSULTANT
15.1. Notwithstanding any review, approval, acceptance, or payment by the Owner, the
Consultant shall be responsible for the professional quality, technical accuracy, and the
coordination of all designs, drawings, specifications, and other services fumished by the
Consultant under this Agreement. The Consultant shall, without additional
compensation, correct or revise any errors or deficiencies in its designs, drawings,
specifications, and other services.
15.2. The Consultant shall demonstrate to the Owner the presence and implementation of
quality assurance in the performance of the Consultant's work. The Consultant shall
identify individual(s) responsible, as well as methods used to determine the
completeness and accuracy of drawings, specifications, and cost estimates.
15.3. The Consultant further agrees that in its performance of work under this Agreement,
it shall adhere to the requirements in the Design Standards of the AHTD and FHWA,
which shall be incorporated herein by reference.
15.4. The Owner shall have the right at any time and in its sole discretion to submit for
review all or any portion of the Consultant's work to consulting engineers engaged by
the Owner for that purpose. The Consultant shall fully cooperate with any such review.
15.5. The Consultant and any subcontractor shall employ qualified and competent
personnel to perform the work under this Agreement.
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15.6. Neither the Owner's review, approval, or acceptance of, nor payment for, the services
required under this Agreement shall be construed to operate as a waiver of any rights
under this Agreement, or of any cause of action arising out of the performance of this
Agreement. The Consultant shall be and remain liable to the Owner for all damages to
the Owner caused by the Consultant's negligent performance of any of the services
furnished under this Agreement.
15.7. The rights and remedies of the Owner provided under this Agreement are in addition
to any other rights and remedies provided by law.
15.8. If the Consultant is comprised of more than one legal entity, each such entity shall be
jointly and severally liable hereunder.
16. WARRANTY OF SERVICES
16.1. Definitions. Acceptance, as used in this Agreement, means the act of an authorized
representative of the Owner by which the Owner approves specific services, as partial or
complete performance of the Agreement. Correction, as used in this Agreement, means
the elimination of a defect.
16.2. Notwithstanding inspection and acceptance by the Owner or any provision
concerning the conclusiveness thereof, the Consultant warrants that all services
performed and work product under this Agreement will, at the time of acceptance, be
free from defects in workmanship and conform to the requirements of this Agreement.
16.3. If the Consultant is required to correct or re -perform, it shall be at no cost to the
Owner, and any services corrected or re -performed by the Consultant shall be subject to
this Section to the same extent as work initially performed. If the Consultant fails or
refuses to correct or re -perform, the Owner may, by contract or otherwise, correct or
replace with similar services and charge to the Consultant the cost occasioned to the
Owner thereby, or make an equitable adjustment in the Contract Price.
16.4. If the Owner does not require correction or re -performance, the Owner shall make an
equitable adjustment in the Contract Price.
16.5. Nothing within this Section shall constitute a waiver or exclusion of any other right or
remedy that the Owner may possess at law or under this Agreement.
17. TERM. COMMENCEMENT. AND COMPLETION
17.1. This'Agreement shall commence on the effective date set forth above and remain in
effect until the completion of the Consultant's Scope of Services, as defined herein, to
be completed within a period of six (6) months, unless extended or terminated by the
Owner in accordance with this Agreement.
17.2. The Consultant shall begin work under the terms of this Agreement within ten (10)
days of receiving written notice to proceed. [If services are to be performed in
subsequent phases, then each phase shall be commenced upon the Owner's approval
of the previous phase. The Consultant shall not be entitled to any compensation or
reimbursement for services performed in a phase unless and until it has received
approval from the Owner to proceed with such services.]
17.3. It is further agreed that time is of the essence in performance of this Agreement. The
Consultant shall complete the work, or each phase, as scheduled, and the Owner shall
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provide any required approval of the work or phase meeting the requirements contained
herein in a reasonable and timely manner. The Project shall be completed as follows:
Final report to be delivered to Owner with six (6) months.
18. TERMINATION
18.1. The Owner may terminate this Agreement in whole or, from time to time, in part, for
the Owner's convenience or because of the Default of the Consultant.
18.2. The Owner shall terminate this Agreement by delivering to the Consultant written
notice of the termination.
18.3. Upon receipt of the notice, the Consultant shall:
• Immediately discontinue all services affected (unless the notice directs otherwise).
• Deliver to the Owner all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this
Agreement, whether completed or in process.
• Terminate all subcontracts to the extent they relate to the work terminated.
• In the sole discretion and option of the Owner, and if and only if requested to do so,
assign to the Owner all right, title, and interest of the Consultant under the
subcontracts terminated, in which case the Owner shall have the right to settle any
claim or dispute arising out of those subcontracts without waiver of any right or claim
the Owner may possess against the Consultant
• With approval or ratification by the Owner, settle all outstanding liabilities arising from
the termination of subcontracts, the cost of which would be allowable in whole or in
part, under this Agreement.
• Complete performance of any work not terminated.
• Take any action that may be necessary, or that the Owner may direct, for the
protection and preservation of the property related to this Agreement which is in the
possession of the Consultant and in which the Owner has or may acquire an interest
18.4. If the termination is for the convenience of the Owner, the Owner shall make an
equitable adjustment in the Contract Price, subject to the Ceiling Prices and Funding
Limitations provisions, but shall allow no anticipated fee or profit on unperformed
services.
18.5. If the termination is for the Consultant's Default, the Owner may complete the work
by contract or otherwise and the Consultant shall be liable for any additional cost
incurred by the Owner.
18.6. Disputes and claims arising from termination of this Agreement shall be governed by
Section 28, Claims and Disputes (48 CFR 31.205-42(e)(2)).
18.7. The rights and remedies of the Owner provided in this Section are in addition to any
other rights and remedies provided by law or under this Agreement, and shall not
constitute a waiver of any other such right or remedy.
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19. STOP WORK ORDERS
19.1. The Owner may, at any time, by written order to the Consultant, require the
Consultant to stop all, or any part, of the work called for by this Agreement for a period
of up to 90 days after the order is delivered to the Consultant, and for any further period
to which the parties may agree. Upon receipt of the order, the Consultant shall
immediately comply with its terms and take all reasonable steps to minimize the
incurrence of costs allocable to the work covered by the order during the period of work
stoppage. Within a period of 90 days after a stop work order is delivered to the
Consultant, or within any extension of that period to which the parties shall have agreed,
the Owner shall either -
19.1.1. Cancel the stop work order, or
19.1.2. Terminate the work pursuant to Section 18, Termination.
19.2. If a stop work order issued under this Section is canceled or the period of the order or
any extension thereof expires, the Consultant shall resume work. The Owner shall
make an equitable adjustment in the delivery schedule or Contract Price, or both, and
the Agreement shall be modified in writing accordingly, if—
• The stop work order was not issued because of Consultant's Default in its
performance of its obligations under any part of this Agreement; and,
• The stop work order results in an increase in the time required for, or in the
Consultant's cost properly allocable to, the performance of any part of this
Agreement; and,
• The Consultant provides Notice of Potential Claim pursuant to Section 28, Disputes
and Claims.
20. CHANGES
20.1. The Owner may at any time, by written order, and without notice to the sureties, if
any, make changes within the general scope of this Agreement, including but not limited
to: (1) drawings, designs, or specifications; (2) time of performance (i.e., hours of the
day, days of the week, etc.); and (3) places of inspection, delivery, or acceptance.
20.2. If any such change causes an increase or decrease in the cost of, or the time
required for, performance of any part of the work under this Agreement, whether or not
changed by the order, the Owner shall make an equitable adjustment in the (1)
estimated cost, delivery or completion schedule, or both; (2) amount of any fee; and (3)
other affected terms.
20.3. All claims and disputes shall be governed by the Section 28, Claims and Disputes.
As provided in Section 28, the Consultant must provide written notice of its intention to
make a claim for additional compensation before beginning the work on which the claim
is based. If such notice is not given, the Consultant hereby agrees to waive any claim
for such additional compensation.
20.4. Failure to agree to any adjustment shall be a dispute under Section 28, Disputes and
Claims. However, nothing in this Section or any other provision of this Agreement shall
excuse the Consultant from proceeding with the Agreement as changed.
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21. OWNERSHIP OF DOCUMENTS & DATA
21.1. Ali project documents and data, regardless of form and including but not limited to
original drawings, disks of CADD drawings, cross-sections, estimates, files, field notes,
and data, shall be the property of the Owner. The Consultant shall further provide all
documents and data to the Owner upon the Owner's request. The Consultant may
retain reproduced copies of drawings and other documents. In the event that any patent
rights or copyrights are created in any of the documents, data compilations, or any other
work product, the Owner shall have an irrevocable license to use such documents, or
data compilations, or work product.
22. PATENT AND COPYRIGHT INFRINGEMENT
22.1. The Consultant shall report to the Owner, promptly and in reasonable written detail,
each notice or claim of patent or copyright infringement based on the performance of
this Agreement of which the Consultant has knowledge.
22.2. In the event of any claim or suit against the Owner on account of any alleged patent
or copyright infringement arising out of the performance of this Agreement or out of the
use of any supplies furnished or work or services performed under this Agreement, the
Consultant shall furnish to the Owner, when requested by the Owner, all evidence and
information in possession of the Consultant pertaining to such suit or claim. Such
evidence and information shall be furnished at the expense of the Consultant.
22.3. The Consultant agrees to include, and require inclusion of, the provisions of this
Section in all subcontracts at any tier for supplies or services.
22.4. The Consultant shall indemnify the Owner and its officers, agents, and employees
against liability, including costs and attorneys' fees, for infringement of any United States
patent or copyright arising from the manufacture or delivery of supplies, the performance
of services, or the construction, alteration, modification, or repair of real property under
this Agreement, or out of the use or disposal by or for the account of the Owner of such
supplies or construction work.
22.5. This indemnity shall not apply unless the Consultant shall have been informed within
ten (10) business days following the Owner's receipt of legal notice of any suit alleging
such infringement and shall have been given such opportunity as is afforded by
applicable laws, rules, or regulations to participate in its defense. Further, this indemnity
shall not apply to (1) an infringement resulting from compliance with specific written
instructions of the Owner directing a change in the supplies to be delivered or in the
materials or equipment to be used, or directing a manner of performance of the
Agreement not normally used by the Consultant, (2) an infringement resulting from
addition to or change in supplies or components furnished or construction work
performed that was made subsequent to delivery or performance, or (3) a claimed
infringement that is unreasonably settled without the consent of the Consultant, unless
required by final decree of a court of competent jurisdiction.
23. BANKRUPTCY
23.1. In the event the Consultant enters into proceedings relating to bankruptcy, whether
voluntary or involuntary, the Consultant agrees to furnish, by certified mail, written notice
of the bankruptcy to the Owner. This notice shall be furnished within five days of the
initiation of the proceedings relating to bankruptcy filing. This notice shall include the
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date on which the bankruptcy petition was filed, the identity of the court in which the
bankruptcy petition was filed, and a listing of AHTD job numbers and FAP numbers for
all contracts with Owner against which final payment has not been made. This obligation
remains in effect until final payment under this Agreement.
24. FUNDING LIMITATIONS
24.1. The Owner's obligations under this Agreement are contingent upon the availability of
appropriated funds from which payments under the terms of this Agreement can be
made in this and each subsequent fiscal year for the duration of the Agreement. No
legal liability on the part of the Owner of any kind whatsoever under this Agreement shall
arise until funds are made available to the Owner for performance of this Agreement,
including those to be appropriated and provided by the State of Arkansas and those to
be provided by the United States.
25. SUCCESSORS AND ASSIGNS
25.1. This Agreement shall be binding upon the parties and their successors and assigns,
and except as expressly set forth herein, neither the Owner nor the Consultant may
assign, delegate, or transfer any benefit or obligation under this Agreement without the
express written consent of the other party. Nothing herein shall be construed as a
waiver of any immunity or as creating any personal liability on the part of any officer or
agent of the Owner or any other governmental entity either made a party to, or having
any interest in, this Agreement
26. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY
26.1. Indemnity. The Consultant shall hold harmless and indemnify the Owner and the
AHTD, their officers, employees, and agents, from and for all claims and liabilities
stemming from any wrongful (whether negligent, reckless, or intentional) acts or
omissions on the part of the Consultant and its subcontractors, and their agents and
employees.
26.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or
representative of the Owner or the AHTD shall be liable to the Consultant in a personal
or individual capacity under any term of this Agreement, because of any breach thereof,
or for any act or omission in its execution or performance.
26.3. Independent Contractor Relationship. The parties intend that the Consultant shall be
an independent contractor of the Owner and that the Consultant shall be liable for any
act or omission of the Consultant or its agents, employees, or subcontractors arising
under or occurring during the performance of this Agreement. No act or direction of the
Owner shall be deemed to be an exercise of supervision or control of the Consultant's
performance.
27. INSURANCE
27.1. Professional Liability Insurance Coverage. The Consultant shall maintain at all times
during the performance of services under this Agreement professional liability insurance
coverage for errors, omissions, and negligent acts arising out of the performance of this
Agreement in an amount per claim of not less than five (5) times the original Contract
Ceiling Price or $1,000,000, whichever is less. Such insurance shall extend to the
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Consultant and to its legal representatives in the event of death, dissolution, or
bankruptcy, and shall cover the errors, omissions, or negligent acts of the Consultant's
subcontractors, agents, and employees. Such insurance shall extend to any errors,
omissions, and negligent acts in the performance of services under this Agreement
committed by the Consultant or alleged to have been committed by the Consultant or
any person for whom the Consultant is legally responsible.
27.2. Deductible. The Consultant may maintain a professional liability insurance policy with
a deductible clause in an amount approved by the Owner if, in the judgment and opinion
of the Owner, the Consultant's financial resources are sufficient to adequately cover
possible liability in the amount of the deductible. The Consultant shall submit promptly to
the Owner, upon request as often as quarterly, detailed financial statements and any
other information requested by the Owner to reasonably determine whether or not the
Consultants financial resources are sufficient to adequately cover possible liability in the
amount of the deductible.
27.3. Workers Compensation insurance. The Consultant shall at all times during the Term
of this Agreement maintain Worker's Compensation and Employers Liability Insurance as
required under Arkansas law.
27.4. General Liability Insurance. The Consultant shall at all times during the term of this
Agreement maintain comprehensive general liability insurance coverage for bodily injury
and property damage in the combined single limit of $1,000,000, and comprehensive
automobile liability insurance coverage for bodily injury and property damage in the
combined single limit of $1,000,000, which shall cover all owned, hired, and non -owned
vehicles. The Consultants insurance coverage shall also cover restoration of plans,
drawings, field notes, and other documents in the event of their loss or destruction while
in the custody of the Consultant.
27.5. Insurance Policies and Certificates. The Consultant shall provide the Owner upon
request copies of its insurance policies and evidence satisfactory to the Owner
concerning the effectiveness and the specific terms of the insurance. Prior to the
execution of this Agreement, the Consultant shall furnish to the Owner certificates of
insurance reflecting policies in force, and it shall also provide certificates evidencing all
renewals of any expiring insurance policy required hereunder within thirty (30) days of the
expiration thereof. The Consultant's failure to provide and continue in force and effect
any insurance required under this Article shall be deemed a Default for which Owner, in
its sole discretion, may terminate this Agreement immediately or on such other terms as it
sees fit.
27.6. Additional Insurance Requirements. All insurance maintained by the Consultant
pursuant to this Section shall be written by insurance companies licensed to do business
in Arkansas, in form and substance satisfactory to the Owner, and shall provide that the
insurance will not be subject to cancellation, termination, or change during its term except
upon thirty (30) days prior written notice to the Owner.
27.7. Duration of Insurance Obligations, The Consultant shall maintain its professional
insurance coverage required under this Agreement in force and effect for a period not
less than five years after the final acceptance of the project or the completion of the
Consultants services under this Agreement, whichever comes later. Comprehensive
General Liability Insurance Coverage required under this Agreement shall be in full force
and effect until the final acceptance or the completion of the Consultant's services,
whichever comes later. All other insurance shall be maintained in full force and effect
until final acceptance of the project or completion of the Consultant's services, whichever
comes first.
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27.8. Consultant's Insurance Primary. All insurance policies maintained by the Consultant
pursuant to this Agreement shall provide that the consultant's insurance shall be primary
and the Owner's own insurance shall be non-contributing.
27.9. Additional Insured. All liability insurance policies, except the professional liability
policy, maintained by the Consultant pursuant to this Agreement shall be endorsed to
include the Owner, its officers, directors, managers, employees, agents, assigns and
representatives, individually and collectively, as additional insured, and all property
'damage insurance shall be endorsed with a waiver of subrogation by the insurer as to the
Owner.
28. DISPUTES AND CLAIMS
28.1. Notice of Potential Claim. Whenever a Consultant deems that any additional
compensation is due, the Consultant shall notify the Owner in writing of its intention to
make a claim for additional compensation ("Notice of Potential Claim") before
beginning the work that gives rise to the claim.
28.2. Time & Manner for Submitting Claim. Al disputes and claims shall first be submitted
in writing to the Owner within 45 calendar days after the completion or termination date.
The Consultant hereby agrees that the failure to submit the dispute or claim to the
Owner prior to 45 calendar days after the completion or termination date shall
constitute a waiver of the dispute or claim.
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28.3. Form. All disputes and claims must be submitted in writing and in sufficient detail to
permit the Owner to determine the basis for entitlement and the actual allowable costs
incurred. Each claim must contain:
• A detailed factual statement of the claim providing all necessary dates, locations, and
items of work affected by the claim;
• The date the actions resulting in the claim occurred or conditions resulting in the
claim became evident;
• A copy of the "Notice of Potential Claim";
• The name, title, and activity of each Owner's employee knowledgeable about facts
that gave rise to such claim;
• The name, title, and activity of each Consultant. Subcontractor, or employee
knowledgeable about the facts that gave rise to the claim;
• The specific provisions of the Agreement that support the claim and a statement why
such provisions support the claim;
• The identification and substance of any relevant documents, things, or oral
communications related to the claim;
• A statement whether the claim is based on provisions of the Agreement or an alleged
breach of the Agreement
• If an extension of time is sought, the specific number of days sought and the basis for
the extension;
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• The amount of additional compensation sought and a specific cost breakdown of the
amount claimed; and,
• Any other information or documents that are relevant to the claim.
28.4. Decision and Appeal. The decision of the Owner shall be final and conclusive.
28.5. Continued Performance. Pending final resolution of a dispute or claim, unless the
Owner has terminated this Agreement pursuant to Section 18 or issued a stop work
order pursuant to Section 19, the Consultant shall proceed diligently with the
performance of this Agreement in accordance with the Owner's decisions.
28.6. The rights and remedies of the Owner provided in this Section are in addition to any
other rights and remedies provided by law or under this Agreement, and shall not
constitute a waiver of any other such right or remedy. If the Owner decides the facts
justify the action, the Owner may, at its sole option and discretion, receive and act upon
a proposal, dispute, or claim submitted at any time before final payment under this
Agreement
29. COVENANT AGAINST CONTINGENCY FEES
29.1. The Consultant warrants that no person or agency has been employed or retained to
solicit or obtain this Agreement upon an agreement or understanding for a contingent
fee, except a bona fide employee or agency. For breach or violation of this warranty, the
Owner shall have the right to annul this Agreement without liability or, in its discretion, to
deduct from the Contract Price or consideration, or otherwise recover, the full amount of
the contingent fee.
29.2. Bona fide agency, as used in this Section, means an established commercial or
selling agency, maintained by the Consultant for the purpose of securing business, that
neither exerts nor proposes to exert improper influence to solicit or obtain government
contracts nor holds itself out as being able to obtain any government contract or
contracts through improper influence.
29.3. Bona fide employee, as used in this Section, means a person, employed by the
Consultant and subject to the Consultant's supervision and control as to time, place, and
manner of performance, who neither exerts nor proposes to exert improper influence to
solicit or obtain government contracts nor holds out as being able to obtain any
government contract or contracts through improper.influence.
29.4. Contingent fee, as used in this Section, means any commission, percentage,
brokerage, or other fee that is contingent upon the success that a person or concern has
in securing a government contract.
29.5. Improper influence, as used in this Section, means any influence that induces or
tends to induce a government employee or officer to give consideration or to act
regarding a government contract on any basis other than the merits of the matter.
30. TITLE VI ASSURANCES NONDISCRIMINATION
During the performance of this Agreement, the Consultant, for itself, its successors, and
its assigns, certifies and agrees as follows:
23
30.1. Compliance with Regulations. The Consultant shall comply with all regulations
relative to nondiscrimination in federally -assisted programs of the United States
Department of Transportation, 49 C.F.R. Part 21 and 23 C.F.R. Part 172, and as they
may be amended from time to time ("Regulations"), which are hereby incorporated by
reference and made a part of this Agreement.
30.2. Nondiscrimination. The Consultant, during the term of this Agreement, shall not
discriminate on the basis of race, color, sex, or national- origin in the selection and
retention of subcontractors, including procurement of material and leases of equipment.
The Consultant shall not participate either directly or indirectly in any discrimination
prohibited by the Regulations, including employment practices.
30.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In
all solicitations, either by competitive bidding or negotiation, made by the Consultant for
work to be performed under a subcontract, including procurement of materials and
leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this Agreement and the Regulations.
30.4. Information and Reports. The Consultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, and accounts, other sources of information, and its facilities
by the Owner, the AHTD, or the FHWA for the purposes of investigation to ascertain
compliance with such regulations and directives. Where any information required of the
Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Owner, the AHTD, or the FHWA, as
appropriate, and shall set forth the efforts made by the Consultant to obtain the records
or information.
30.5. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with
the nondiscrimination provisions of this Agreement, the Owner shall impose such
contract sanctions as it, the AHTD, or the FHWA may determine to be appropriate,
-including but not limited to, withholding of payments to the Consultant under the
Agreement until the Consultant complies with the provisions and cancellation,
termination, or suspension of the Agreement, in whole or in part.
30.6. Incorporation of Provisions. The Consultant shall include the terms and conditions of
this Section in every subcontract or purchase order so that these terms and conditions
will be binding upon each subcontractor or vendor. The Consultant shall take such
action with respect to any subcontract or purchase order as the Owner, the AHTD, or the
FHWA may direct as a means of enforcing these terms and conditions, including
sanctions for noncompliance; provided, that if the Consultant becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of any direction, the
Consultant may request the Owner, the AHTD, or the United States to enter into the
litigation to protect the interests of the State and the United States, respectively.
31. DBE CLAUSE
31.1. The Consultant or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this Agreement. The Consultant shall
comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions
necessary to maintain compliance in the award and administration of DOT -assisted
contracts. Failure by the Consultant to comply with or perform these requirements is a
material breach of this Agreement, which may result in the cancellation, termination, or
suspension of this Agreement in whole or in part, or such other remedy that the Owner
may determine appropriate.
24
31.2. The Consultant shall Insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
32. CERTIFICATION REGARDING DEBARMENT SUSPENSION PROPOSED DEBARMENT
AND OTHER RESPONSIBILITY MATTERS
32.1. The Consultant certifies, to the best of its knowledge and belief, that --
32.1.1. The Consultant and any of its Principals -
32.1.1.1. Are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any federal or state agency;
32.1.1.2. Have not, within a 3 -year period preceding this offer, been convicted of
or had a civil judgment rendered against them for. commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) contract or subcontract; violation
of federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
32.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by
a governmental entity with, commission of any of the offenses enumerated in
Subsection 32.1.1.2; and,
32.1.1.4. The Consultant has not within a 3 -year period preceding this offer, had
one or more contracts terminated for default by any federal or state agency.
32.2. Principals, for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within
a business entity (e.g., general manager, plant manager; head of a subsidiary, division,
or business segment, and similar positions). This certification concerns a matter within
the jurisdiction of an agency of the United States and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under Section 1001,
Title 18, United States Code, as well as any other applicable federal and state laws.
32.3. The Consultant shall provide immediate written notice to the Owner if, at any time
prior to contract award, the Consultant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
32.4. The certification in Subsection 32.1 is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Consultant
knowingly rendered an erroneous certification, the Owner may terminate the contract
resulting from this solicitation for default in addition to any other remedies available to
the Owner.
33. MISCELLANEOUS
33.1. General Compliance with Laws. The Consultant shall comply with all Federal, State,
and local laws, regulations, and ordinances applicable to the work, including but not
limited to, the Americans with Disabilities Act and Occupational Safety and Health Act as
amended.
25
33.2. Registered Professional Engineer's Endorsement. All plans, specifications,
estimates, and engineering data provided by the Consultant shall be endorsed and
recommended by an authorized representative of the Consultant, who shall be a
registered Professional Engineer licensed in the State of Arkansas.
33.3. Choice of Law. This Agreement shall be governed by the laws of the State of
Arkansas without consideration of its choice of law provisions.
33.4. Choice of Forum. The Consultant agrees that any cause of action stemming from or
related to this Agreement, including but not limited to disputes or claims arising under
this Agreement, for acts or omissions in the performance, suspension, or termination of
this Agreement, whether sounding in contract or tort, equity or law, may only be brought
in the appropriate forum within State of Arkansas.
33.5. 'No Waiver of immunity. The Owner expressly does not waive any defense of
immunity that it may possess under either federal or state law, and no provision in this
Agreement shall be construed to constitute such a waiver in whole or in part.
33.6. Conflicts Between Laws, Regulations, and Provisions. In the event of conflicting
provisions of law, the interpretation shall be governed by the following in this order, from
most controlling to least: Federal law and regulations, State law and regulations,
Department and FHWA Design Standards, and this Agreement.
33.7. Severability. If any term or condition of this Agreement shall be held invalid, illegal,
or unenforceable by a court of competent jurisdiction, all remaining terms of this
Agreement shall remain valid and enforceable unless one or both of the parties would be
materially prejudiced.
33.8. No -Waiver. The failure of the Owner to strictly enforce any term of this Agreement
shall not be construed as a waiver of the Owner's right to require the Consultant's
subsequent performance of the same or similar obligation or duty.
33.9. Modification and Merger. This written Agreement and any provisions incorporated by
reference reflect the entire agreement of the parties and may be modified only by the
express written agreement of both parties.
34. CERTIFICATION OF AUTHORIZED REPRESENTATIVES
34.1. This Agreement and the certifications contained herein or attached hereto constitute
the whole Agreement of the parties, and each party certifies that this Agreement and any
attached certification have been executed by their duly authorized representatives.
35. NOTICE
35.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be addressed to either the Owner's Representative
or the Consultant's Representative, and mailed or hand -delivered to:
35.1.1. To the Owner's Representative:
City of Fayetteville Engineering Dept.
Attn: Ron Petrie, PE
113 W. Mountain
Fayetteville, Arkansas 72701
., 35.1.2. To the Consultant:
Carter & Burgess, Inc.
Attn: Kip Guthrie, PE
One East Center Street, Suite B200
Fayetteville, Arkansas 72701
IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the
date set out above.
James E. Arbuckle, Sr.
Managing Principal
City of F tteville, MK -r --
Name
BY:
Title
27
APPENDIX B
SUBCONSULTANT AGREEMENT
JOB NO.
FEDERAL AID PROJECT ("FAP") NO.
1. SUBCONSULTANT AGREEMENT
1.1. The services to be performed under this Subconsultant Agreement will be performed
in connection with the Agreement for Engineering Services ("Prime Agreement")
between the Consultant and the City of Fayetteville, Arkansas ("Owner") for Job No.
, dated . Carter & Burgess, Inc. ("Consultant")
and HDR Engineering, Inc., dba HDRIWHM Transportation ("Subconsultant") hereby
agree that the Subconsultant shall perform the professional and related services as
described herein. In consideration for the performance of the professional services the
Consultant agrees to compensate (and reimburse, if applicable) the Subconsultant in the
manner and at the rate(s) provided herein.
1.2. The definitions of the Prime Agreement, and its provisions relating to the obligations,
duties, and rights of subcontractors, or which are otherwise required to be inserted into
any subcontracting agreements, are deemed to be part of, and are hereby incorporated
by reference into, this Subconsultant Agreement and made binding upon the
Subconsultant.
2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED
HDRIWHM Transportation will serve in a support role to Carter & Burgess, Inc. for traffic
simulations, traffic modeling calibrations, traffic projections and over-all quality assurance.
3. COSTS, FEES, PAYMENTS AND RATE SCHEDULES
A detailed breakdown of the fees shown below is included in Appendix A.
Labor and Overhead - $26,350
Reimbursable expenses - $1,650
Total Contract Amount - $28,000
Salary Range
(DollarslHour)
Min. Max.
Project Manager 40.00 75.00
Engineer 15.00 45.00
Engineering Designer 15.00 35.00
Administrative Assistant 10.00 30.00
4. COMPENSATION SUBJECT TO LIMITATIONS OF FEDERAL AND STATE LAW
4.1. The Project (as defined in the Prime Agreement), part of which is to be performed
under this Subconsultant Agreement, is a federally -assisted project and federal funds
will be used, in part, to pay the Consultant and Subconsultant. Therefore,
notwithstanding any provision of this Subconsultant Agreement or the Prime Agreement,
all payments, costs, and expenditures are subject to the requirements and limitations of
29
48 C.F.R. Part 31, including those relating to determination of indirect cost rates, if
applicable. The Subconsultant shall certify the accuracy of all invoices, requests for
payment, and cost rates (if applicable), along with supporting documentation and any
supporting information or records provided prior to, during, or after the term of this
Subconsultant Agreement.
5. COMMISSION. AHTD, AND FHWA AS THIRD PARTY BENEFICIARIES
5.1. This Subconsultant Agreement is between and binding upon only the Consultant and
Subconsultant. The Commission, AHTD, and FHWA are not parties to this
Subconsultant Agreement, but are expressly made third -party beneficiaries of this
Subconsultant Agreement and shall be entitled to enforce any obligation of the
Subconsultant owed to the Consultant. No provision of this Subconsultant Agreement or
the Prime Agreement, nor the exercise of any right thereunder, shall be construed as
creating any obligation or any liability on the part of, or operating as a waiver of any
immunity of, the Commission, the AHTD, the FHWA, or any of their employees, officers,
or agents.
5.2. The Subconsultants sole recourse, if any, for any injury arising under or related to
this Subconsultant Agreement, the performance of services hereunder, or compensation
or claims hereunder, shall be against the Consultant.
5.3. The Disputes and Claims provisions of the Prime Agreement shall not apply to this
Subconsultant Agreement.
6. COVENANT AGAINST CONTINGENCY FEES
6.1. The Subconsultant warrants that no person or agency has been employed or
retained to solicit or obtain this Subconsultant Agreement upon an agreement or
understanding for a contingent fee, except a bona fide employee or agency. For breach
or violation of this warranty, the AHTD and Consultant shall have the right to annul this
Subconsultant Agreement without liability or, in its discretion, to deduct from the
Contract Price or consideration, or otherwise recover, the full amount of the contingent
fee.
6.2. Bona fide agency, as used in this section, means an established commercial or
selling agency, maintained by the Subconsultant for the purpose of securing business,
that neither exerts nor proposes to exert improper influence to solicit or obtain
government contracts nor holds itself out as being able to obtain any government
contract or contracts through improper influence.
6.3. Bona fide employee, as used in this section, means a person, employed by the
Subconsultant and subject to the Subconsultant's supervision and control as to time,
place, and manner of performance, who neither exerts nor proposes to exert improper
influence to solicit or obtain government contracts nor holds out as being able to obtain
any government contract or contracts through improper influence.
6.4. Contingent fee, as used in this section, means any commission, percentage,
brokerage, or other fee that is contingent upon the success that a person or concern has
in securing a government contract.
6.5. improper influence, as used in this section, means any influence that induces or
tends to induce a government employee or officer to give consideration or to act
regarding a government contract on any basis other than the merits of the matter.
30
7. TITLE VI ASSURANCES NONDISCRIMINATION
During the performance of this Subconsultant Agreement, the Subconsultant, for itself,
successors, and assigns, certifies and agrees as follows:
7.1. Compliance with Regulations. The Subconsultant shall comply with all regulations
relative to nondiscrimination in federally -assisted programs of the United States
Department of Transportation, 49 C.F.R. Part 21 and 23 C.F.R. Part 172, and as they
may be amended from time to time ("Regulations"), which are hereby incorporated by
reference and made a part of this Subconsultant Agreement.
7.2. Nondiscrimination. The Subconsultant, during the term of this Subconsultant
Agreement, shall not discriminate on the basis of race, color, sex, or national origin in
the selection and retention of subcontractors, including procurement of material and
leases of equipment. The Subconsultant shall not participate either directly or indirectly
in any discrimination prohibited by the Regulations, including employment practices.
7.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment In
all solicitations, either by competitive bidding or negotiation, made by the Subconsultant
for work to be performed under a subcontract, including procurement of materials and
leases of equipment, each potential subcontractor or supplier shall be notified by the
Subconsultant of the Subconsultant's obligations under this Subconsultant Agreement
and the Regulations.
7.4. information and Reports. The Subconsultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, and accounts, other sources of information, and its facilities
by the AHTD or the FHWA for the purposes of investigation to ascertain compliance with
such regulations and directives. Where any information required of the Subconsultant is
in the exclusive possession of another who fails or refuses to furnish this information, the
Subconsultant shall so certify to the AHTD or the FHWA, as appropriate, and shall set
forth the efforts made by the Subconsultant to obtain the records or information.
7.5. Sanctions for Noncompliance. in the event of the Subconsultant's noncompliance
with the nondiscrimination provisions of this Subconsultant Agreement, the AHTD may
impose such contract sanctions as it or the FHWA may determine to be appropriate,
including but not limited to, withholding of payments to the Consultant or Subconsultant
until the Subconsultant complies with the provisions and cancellation, termination, or
suspension of this Subconsultant Agreement, in whole or in part
7.6. Incorporation of Provisions. The Subconsultant shall include the terms and
conditions of this section in every subcontract or purchase order so that these terms and
conditions will be binding upon each subcontractor or vendor. The Subconsultant shall
take such action with respect to any subcontract or purchase order as the AHTD or
FHWA may direct as a means of enforcing these terms and conditions, including
sanctions for noncompliance; provided, that if the Subconsultant becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of any direction,
the Subconsultant may request the AHTD or the United States to enter into the litigation
to protect the interests of the State and the United States, respectively.
8. DBE CLAUSE
31
8.1. The Subconsultant shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this Subconsultant Agreement. The Subconsultant shall
comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions
necessary to maintain compliance in the award and administration of DOT -assisted
contracts. Failure by the Subconsultant to comply with or perform these requirements is
a material breach of this Subconsultant Agreement, which may result in the cancellation,
termination, or suspension of this Subconsultant Agreement in whole or in part, or such
other remedy that the AHTD may determine appropriate.
8.2. Prompt Payment. The Subconsultant shall pay its subcontractors, if any, for
satisfactory performance of their subcontracts within 30 days of receipt of each payment
by the AHTD to the Subconsultant Any retainage payments held by the Subconsultant
must be returned to the subcontractor within 30 days after the subcontractor's work is
completed. Failure to comply with this provision shall be considered a Default by the
Subconsultant. If the Subconsultant fails to comply with this provision, in addition to any
other rights or remedies provided under this Subconsultant Agreement, the AHTD, at its
sole option and discretion, may:
• make payments directly to the subcontractor and offset such payments,
along with any administrative costs incurred by the AHTD, against
reimbursements or payments otherwise due the Subconsultant;
• notify any sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the
Subconsultant until the Subconsultant ensures that the subcontractors
have been and will be promptly paid for work performed.
8.3. The Subconsultant shall insert a clause containing all the terms of this section in all
subcontracts under this Subconsultant Agreement
9.
9.1. The Subconsultant certifies, to the best of its knowledge and belief, that-
9.1.1.The Subconsultant and any of its Principals -
9.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any federal or state agency;
9.1.1.2. Have not, within a 3 -year period preceding this offer, been convicted of or
had a civil judgment rendered against them for: commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal,' state, or local) contract or subcontract; violation
of federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
9.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a
governmental entity with, commission of any of the offenses enumerated in
subsection 9.1.1.2; and,
9.1.1.4. The Subconsultant has not within a 3 -year period preceding this offer, had
one or more contracts terminated for default by any federal or state agency.
32
9.2. Principals, for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within
a business entity (e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions). This certification concerns a matter within
the jurisdiction of an agency of the United States and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under section 1001,
title 18, United States Code, as well as any other applicable federal and state laws.
9.3. The Subconsultant shall provide immediate written notice to the AHTD if, at any time
prior to contract. award, the Subconsultant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
9.4. The certification in subsection 9.1 is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Subconsultant
knowingly rendered an erroneous certification, the AHTD may terminate the contract
resulting from this solicitation for default in addition to any other remedies available to
the AHTD.
10. NOTICE
10.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be mailed or hand -delivered to:
10.1.1. To the Subconsultant:
HDR Engineering, Inc., dba HDRIWHM Transportation
Attn: Heidi Westerfield Ross, P.E., PTOE
504 Lavaca, #1175
Austin, Texas 78701
10.1.2. To the Consultant:
Carter & Burgess, Inc.
Attn: Kip Guthrie, PE
One East Center Street, Suite B200
Fayetteville, Arkansas 72701
parties execute this Subconsultant Agreement, to be
effective
Carter
Managing Principal
HDR Engineering, Inc.
BY:
eidi Westertiel Ross, P.E., PTOE
Vice President
33
APPENDIX C
C-1
State Job No.
Federal Aid Project No.
CERTIFICATION OF CONSULTANT
I hereby certify that I, James E. Arbuckle Sr., am the managing principal and duly
authorized representative of the firm of Carter & Burgess, Inc. whose headquarters
address is 10816 Executive Center Drive, Suite 300, Little Rock, Arkansas 72211, and
that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, brokerage, contingent fee, or other"
considerations, any firm or person (other than a bona fide employee working
solely for me) to solicit or secure this contract,
(b) agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with carrying
out the contract, or
• (c) paid or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me) any fee contribution, donation or
consideration of any kind for, or in connection with, procuring or carrying out the
contract;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas State
Highway and Transportation Department and the Federal Highway Administration, U.S.
Department of Transportation, in connection with this contract involving participation of
Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both
criminal and civil. -
Date
34
APPENDIX C
C-2
State Job No.
Federal Aid Project No
CERTIFICATION OF CITY OF FAYETTEVILLE ARKANSAS
I hereby certify that I am the Mayor of the City of Fayetteville, Arkansas and that
the aforementioned consulting firm or its representative has not been required, directly or
indirectly as an express or implied condition in connection with obtaining or carrying out
this contract to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee
contributions donation, or consideration of any kind:
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas Highway and
Transportation Department and the Federal Highway Administration, U.S. Department of
Transportation, in connection with this contract
State and Federal laws
,cipation of Federal -Aid
both criminal and
Highway Funds, and is subject to applicable
civil.
Mayor Dan Coody
City of Fayetteville, Arkansas
35
APPENDIX C
C-3
State Job No.
Federal Aid Project No.
CERTIFICATION OF CONSULTANT
I hereby certify that I, Heidi Westerfield Ross, P.E., PTOE, am a Vice President and duly
authorized representative of the firm of HDR Engineering, Inc., dba HDRIWHM
Transportation whose address is 504 Lavaca, #1175, Austin, Texas 78701, and that
neither I nor the above firm I here represent has:
(a) employed or retained for a commission, brokerage, contingent fee, or other
considerations, any firm or person (other than a bona fide employee working
solely for me) to solicit or secure this contract,
(b) agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with carrying
out the contract, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me) any fee contribution, donation or
consideration of any kind for, or in connection with, procuring or carrying out the
contract;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas State
Highway and Transportation Department and the Federal Highway Administration, U.S.
Department of Transportation, in connection with this contract involving participation of
Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both
criminal and civil.
4th' &I
Heidi Westerfield Ross, P.E., PTOE
Vice President
Date
im
APPENDIX D
D-1
State Job No. _
Federal Aid Project No.
SCHEDULE
The completion date for this project is to within six (6) months from the Notice -to -
Proceed. The following represents targeted milestone dates.
APPENDIX D - FEEDC
Notice -to -Proceed
Phase I - Data Collection
Phase II - Traffic Counts
Phase III - Conduct Network Analysis
& Identify Improvements
Phase IV - Prepare Study Report
Mon 9125/06
Tue 9126106
Mon 9/25/06
Fri 9129106
Fri 9/29106
Fri 10/20/06
Mon 10/20/06
Fri 1126107
Mon 1129107 Mon 3/26/07
37
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number
2006 Division:
Program:
Project or Item Added/Increased: Project or Item Deleted/Reduced:
$200,000 in the Fayetteville Expressway Economic $200,000 from the Other Intersection Improvements
Development Corridor capital project. f capital project.
Justification of this Increase:
Transfer of funds from Zion Road to Fayetteville Expy
Economic Development Corridor to pay for the cost of
the engineering study of the Project Area.
Account Name
Justification of this Decrease:
Funds in Zion Road Project were transferred to a Project
Entitled "Other Intersection Improvements". This budget
adjustment will transfer the funds to the Fayetteville
Expressway Economic Development Corridor project.
Increase Expense Budget (Decrease Revenue Budget)
Account Number • Amount Project Number
Engineering services 4470 9470 5314 02 195,000 06018 1
Public notification 4470 9470 5301 00 5,000 06018 1
Account Name
Street improvements
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Approval Signatures
4470 9470 5809 00
Reque led By
Date
'Budget Manager
Date
Department Director Date
Finance & Interrta rvices D for D to
,1
Mayor to
200,000
Project Number
05012 1
Budget Office Use Only
Type: A B C ( E
E
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial . Date
flk W(Ig6-o�
ACORD, CERTIFICATE OF LIABILITY INSURANCE
PRODUCER LIC #0437153 1-213-624-5555
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Marsh Riak & Insurance Services
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
laoffice.certrequest®marsh.com
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
777 S. Figueroa Street
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
Los Angeles, CA 90017-5822
Reginald Sutton (213) 346-5257
INSURED
Carter & Burgess, Inc.
INSURER ACE American Insurance Company
INSURER B:
777 Main Street
INSURERC:
INSURERD:
Fort Worth, TX 76102
INSURER E:
ire
COVERAGES
'S
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
DD'I
15111
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATIONMB
Jnoryyl
LIMITS
A
GENERAL LIABILITY
HDO 023741295
07/01/08
07/01/09
EACHOCCURRENCE
$2,000,000
OM/AGE TO RENTED
PREMISES Eacocurenoe
$250,000
X COMMERCIAL GENERAL LIABILITY
--
-- _ CLAIMS,MADE__ OCCUR•
_ _ .� — _ _
_ --
t —
MED.EXP_(An .one person)_
$ . - - _
PERSONAL&ADVINJURY
$2,000,000
X CONTRACTUAL LIABILITY
GENERALAGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMP/OPAGG
$2,000,000
POLICY flPfl RO LOC
A
AUTOMOBILE
LIABILITY
ISA H08244534
07/01/08
07/01/09
COMBINED SINGLE LIMIT
$1,000,000
X
ANY AUTO
(Ea accident)
BODILYINJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY
$
HIRED AUTOS
NON -OWNED AUTOS
1 2
3
(Peraccidenl)
QM
4
S
�`
6>
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY
P R
P�. y
AUTO ONLY -EA ACCIDENT
$
OTHERTHAN EAACC
$
ANYAUTO
JUN 2
fk p
2009
,
_
AUTOONLY: AGO
$
EXCESSIUMBRELLALIABILITY
6' ClTYi
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EACHOCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
FAYEFTE
ILLS a
$
DEDUCTIBLE
£ Z
$
RETENTION $
A
WORKERS COMPENSATION AND
WCU C44478316 (LA, OH, T
)* 07/01/08
07/01/09
X WCSTATU• OTH R
E.L. EACHACCSDENT
$1,000,000
A
EMPLOYERS'LIABILITY
WLR C44478328 (AOS)
07/01/08
07/01/09
•A
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFIGERRJEMBEEXCLUDEOi -
SCE-04'4-478390'(MB7'WI)
07701/0807/01709
E.L.DISEASE-EA EMPLOYEE
S1',000,000
E.L. DISEASE- POLICY LIMIT
$1,000,000
lives describe under
5PECIALPROVISIONS below
A
OTHER
PROFESSIONAL LIABILITY
EON 021655065 003
07/01/08
07/01/09
PER CLAIM/PER 5,000,000
"CLAIMS MADE
LGGREGATE
DEFENSE INCLUDED
DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
OFFICE LOCATION: FORT WORTH, TX 76102. *$2,000,000 SIR FOR STATES OF: TX, LA, OH. Project: Fayetteville Expressway
Economic Corridor. *The terms, conditions, and limits provided under this certificate of insurance will not exceed or
broaden in any way the terms, conditions, and limits agreed to under the applicable contract.*
i'FRTIFI('ATF Hill fFR CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fayetteville
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
113 West Mountain
3
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
44
Fayetteville, AR 72701
USA
'''
ACORD 25 (2001/08) kpmarshla ®ACORD CORPORATION 1
9084121
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
I DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001/08)
Marsh Risk & Insurance Services
laoffice.certrequestgmarsh.com
777 S. Figueroa Street
Los Angeles, CA 90017-5822
City of Fayetteville
113 West Mountain
Fayetteville, AR 727D1
t3SA
USA
(iEv.
confirm net
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{6.25.08} Clarice Pearman - insurance Page 1
From: Clarice Pearman
To: Audit
Date: 6.25.08 5:15 PM
Subject: insurance
Attachments: 06.25-O8 Carter & Burgess Cert of Ins.pdf
Ladies:
Attached is an insurance certificate for Carter & Burgess, Inc. It will be filed with Res. 146-06. Have a good day.
Thanks.
Clarice
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
9/5/2006
City Council Meeting Date
Engineering Operations
Division Department
Action Kequirea:
proval of a resolution awarding a contract to Carter and Burgess in the amount of $175,000 for the Study Phase of
Fayetteville Expressway Economic Development Corridor, and approving a budget adjustment in the amount of
30.000.
$ 175,000.00
Cost of this request
4470.9470.5314.02
Account Number
06018
Project Number
Budgeted Item 0
Category I Project Budget
Funds Used to Date
$ Remaining Balance
Budget Adjustment Attached IX
Departmen Date
Fayetteville Economic Corridor
Program Category / Project Name
Engineering Services
Program / Project Category Name
Sales Tax Capital Improvements
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
t� a8
f\ _i_
City of Fayetteville
Engineering Division
Itvi1e
113 West Mountain
Fayetteville, AR 72701
ph: 479-575-8206
ARKANSAS fax: 479-575-8202
Date: August 18, 2006
To: Fayetteville City Council
Thru: Dan Coody, Mayor
Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer OR
Subject: Approval of a resolution awarding a contract to Carter and Burgess in the
amount of $175,000 for the Study Phase of the Fayetteville Expressway
Economic Development Corridor, and approving a budget adjustment in
the amount of $200,000
RECOMMENDATION:
Staff recommends approval of a Contract with Carter and Burgess, Inc. in the amount of
$175,000 for study phase services for the Fayetteville Expressway Economic
Development Corridor and approval of a budget adjustment in the amount of $200,000.
BACKGROUND:
The Fayetteville Expressway Economic Development Corridor (FEEDC) is a federally
funded project that will provide better traffic flow and better access to the businesses in
the project area. The project area is generally bounded by College Avenue, Interstate 540
to Exit No. 69, Millsap Road, and the Fayetteville City Limits. Funding available for the
project includes $7.66 million in federal funds and $1.91 million in local matching funds,
for a total project budget of $9.57 million. It should be noted that this funding will be
available only for design and construction of the improvements to the Expressway
Corridor. Therefore, the costs of the study will not be eligible for reimbursement.
DISCUSSION:
Carter and Burgess was selected to provide professional services for this project through a
three -step procurement process that included submittals of statements of qualifications by
interested firms, submittal of detailed proposals by firms selected from among the
interested firms, and an a presentation to the selection committee by the firms that
presented proposals.
The scope of this phase of the project will include traffic analysis and modeling of
existing traffic conditions and proposed conditions under various improvement scenarios
in order to identify the improvements that will have the most impact in the project area.
Conceptual designs and estimated costs of selected projects will be presented in the final
report.
The Study is expected to take approximately 6 months. After the Study is completed and
projects to be pursued are identified, additional services will be needed to prepare
detailed designs and construction documents.
The scope and fee estimate were reviewed by the Street Committee on August 8, 2006.
The Committee recommends approval of the Contract.
BUDGET IMPACT:
If approved, the attached budget adjustment will transfer $200,000 to this project. These
funds were originally budgeted for minor improvements to Zion Road near Highway 71B.
The Street Committee voted to redirect these funds to the FEEDC Project.
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH CARTER &
BURGESS, INC. IN THE AMOUNT OF $175,000.00 FOR THE
STUDY PHASE OF THE FAYETTEVILLE EXPRESSWAY
DEVELOPMENT CORRIDOR; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $200,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Contract with Carter & Burgess, Inc. in the amount of
$175,000.00 for the study phase of the Fayetteville Expressway Development
Corridor. A copy of the Contract, marked Exhibit "A," is attached hereto and
made a part hereof.
Section 2. That the City Council of the City of Fayetteville,
approves a Budget Adjustment in the amount of$200,000.00.
PASSED and APPROVED this 5th day of
DY, Mayor
AGREEMENT
FOR
ENGINEERING SERVICES
JOB NO.
FEDERAL AID PROJECT ('FAP") NO.
PREAMBLE
THIS AGREEMENT, entered into this day of , o� by and
between City of Fayetteville_("Owner"), and Carter & Burgess, Inc. ("Consultant"), a corporation
existing under the laws of the State of Texas, with a principal office at 10816 Executive Center
Drive, Suite 300, Little Rock, Arkansas 72211-6021 and a regional office at One East Center
Street, Suite B200, Fayetteville, Arkansas 72701.
WITNESSETH:
WHEREAS, the Owner is planning to study existing and projected traffic flow in a project
area generally bounded by College Avenue, Interstate 540 from the Fulbright Expressway to Exit
No. 69, Millsap Road, and the Fayetteville City Limits.
WHEREAS, the Owner's forces are fully employed on other urgent work that prevents
their early assignment to the aforementioned work; and,
WHEREAS, the Consultant's staff is adequate and well qualified, and it has been
determined that its current workload will permit completion of the project on schedule.
NOW THEREFORE, it is considered to be in the best public interest for the Owner to
obtain the assistance of the Consultant's organization in connection with 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:
1. PRELIMINARY MATTERS
1.1. "Consultant's Representative" shall be Kip Guthrie until written notice is provided to
the Owner designating a new representative.
1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $175,000.
The Contract Ceiling Price is the maximum aggregate amount of all payments that the
Owner may become obligated to make under this Agreement. In no event, unless
modified in writing, shall total payments by the Owner under this Agreement exceed the
Contract Ceiling Price. The Consultant shall not be entitled to receive adjustment,
reimbursement, or payment, nor shall the Owner, its officers, agents, employees, or
representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling
Price.
1.3. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the
Owner under this Agreement.
1.4. "Default" means the failure of the Consultant to perform any of the provisions of this
Agreement. Default includes, but is not limited to, failure to complete phases of the work
according to schedule or failure to make progress in the work so as to endanger timely
performance of this Agreement, failure to pay subcontractors in a timely manner, failure
to comply with federal and state laws, and failure to comply with certifications made in or
pursuant to this Agreement.
1.5. "Department" or "AHTD" means the Arkansas State Highway and Transportation
Department.
1.6. "DOT" means the United States Department of Transportation.
1.7. "FAR" means the Federal Acquisition Regulations, codified in 48 C.F.R.
1.8. "Fee" whether fixed or otherwise is a dollar amount that includes the Consultant's
profit on the job.
1.9. "FHWA" means the Federal Highway Administration.
1.10. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 C.F.R.
Part 31, and is also subject to any limitations contained herein. The Indirect Cost Rate
for the Consultant under this Agreement shall be 177.48 percent. If applicable, the
Indirect Cost Rate for each subcontractor shall be listed in Exhibit B.
1.11. "Title I Services" are those services provided by the Consultant before the award of
the contract for the construction of the Project, consisting primarily of engineering
services for the planning or design of the Project.
1.12. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is
$175,000. The Title I Services Ceiling price is the maximum aggregate amount of all
payments that the Owner may become obligated to make under this Agreement for fees
and costs related to Title I Services. In no event, unless modified in writing, shall total
payments by the Owner related to Title I Services exceed the Title I Services Ceiling
Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or
payment for, nor shall the Owner, its officers, agents, employees, or representatives,
incur any liability for, any fee or cost related to, Title I Services exceeding the Title I
Services Ceiling Price.
1.13. "Title II Multiplier" (if applicable) is the mark-up by which the fee and indirect costs
associated with Title II services are calculated. The Title II Multiplier, which accounts for
the fee and indirect costs, is multiplied by the salary rate, as shown on the Schedule of
Salary Ranges, of the particular individual(s) performing the Title II services. The Title II
Multiplier for the term of this Agreement is 3.10.
1.14. "Title II Services" are those services provided by the Consultant after the award of the
contract for the construction of the Project, consisting primarily of engineering services
during the construction of the Project.
1.15. "Title II Services Ceiling Price". The Title II Services Ceiling Price for this Agreement
is $ 0.00. The Title II Services Ceiling price is the maximum aggregate amount of all
payments that the Owner may become obligated to make under this Agreement for fees
and costs related to Title 11 Services. In no event, unless modified in writing, shall total
payments by the Owner related to Title 11 Services exceed the Title II Services Ceiling
Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or
payment for, nor shall the Owner, its officers,. agents, employees, or representatives,
incur any liability for, any fee or cost related to, Title II Services exceeding the Title 11
Services Ceiling Price.
2. TYPE OF AGREEMENT
9
2.1. This Agreement is a cost -plus -fixed -fee contract. The Consultant is being hired to
perform professional engineering services in connection with the Project as set forth
herein. In consideration for Title I services performed, the Owner will reimburse the
Consultant for allowable direct and indirect costs, as defined herein, and pay the
Consultant a fixed fee. If Title II services are to be performed, the Owner will reimburse
the Consultant for allowable direct costs and also pay the Consultant an amount
determined by multiplying the salary rate of the individual(s) performing the Title II
services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier.
2.2. The Project to be performed under this Agreement is a federally -assisted project and
federal funds will be used, in part, to pay the Consultant. Therefore, notwithstanding any
provision of this Agreement, all payments, costs, and expenditures are subject to the
requirements and limitations of 48 C.F.R. Part 31, and the Consultant shall certify the
accuracy of all invoices and requests for payment, along with supporting documentation
and any information provided in determining the Indirect Cost Rates.
3. COSTS, FEES, AND PAYMENT
3.1. Allowable costs.
3.1.1. Allowable costs are subject to the limitations, regulations, and cost principles and
procedures in 48 C.F.R. Part 31, which are expressly incorporated into this
Agreement by reference. For the purpose of reimbursing allowable costs (except
as provided in subparagraph 2 below, with respect to pension, deferred profit
sharing, and employee stock ownership plan contributions), the term costs includes
only -
3.1.1.1. Those recorded costs that, at the time of the request for reimbursement, the
Consultant has paid by cash, check, or other form of actual payment for items
or services purchased directly for the Agreement;
3.1.1.2. When the Consultant is not delinquent in paying costs of contract
performance in the ordinary course of business, costs incurred, but not
necessarily paid, for—
• Materials issued from the Consultant's inventory and placed in the
production process for use in its performance under this Agreement;
• Direct labor;
• Direct travel;
• Other direct in-house costs; and
• Properly allocable and allowable indirect costs, as shown in the records
maintained by the Consultant for purposes of obtaining reimbursement
under government contracts; and
• The amount of progress payments that have been paid to the
Consultant's subcontractors under similar cost standards.
3.1.2. Consultant's contributions to any pension or other post -retirement benefit, profit-
sharing or employee stock ownership plan funds that are paid quarterly or more
often may be included in indirect costs for payment purposes; provided, that the
3
Consultant pays the contribution to the fund within 30 days after the close of the
period covered. Payments made 30 days or more after the close of a period shall
not be included until the Consultant actually makes the payment. Accrued costs for
such contributions that are paid less often than quarterly shall be excluded from
indirect costs for payment purposes until the Consultant actually makes the
payment.
3.1.3. Notwithstanding the audit and adjustment of invoices or vouchers, allowable
indirect costs under this Agreement shall be obtained by applying Indirect Cost
Rates established in accordance with Subsection 3.3 below.
3.1.4. Any statements in specifications or other documents incorporated in this
Agreement by reference designating performance of services or furnishing of
materials at the Consultant's expense or at no cost to the Owner shall be
disregarded for purposes of cost -reimbursement.
3.2. Salaries. The following schedule covers the classification of personnel and the salary
ranges for all personnel anticipated to be assigned to this project by the Consultant:
3.2.1.1. SCHEDULE OF SALARY RANGES
Salary Range
(Dollars/Hour)
Min.
Max.
Project Director
40.00
75.00
Project Manager
40.00
60.00
Transportation Planner
40.00
60.00
Roadway Engineer
30.00
55.00
Bridge Engineer
30.00
55.00
Senior Engineer
45.00
55.00
Engineer II
30.00
45.00
Engineer l
20.00
35.00
Engineering Designer It
25.00
35.00
Engineering Designer I
12.00
25.00
CADD Technician II
25.00
35.00
CADD Technician 1
12.00
25.00
Party Chief
15.00
25.00
Survey Tech
12.00
20.00
Landscape Architect
30.00
50.00
Environmental Scientist
20.00
40.00
Administrative Assistant
10.00
25.00
3.2.1.2. The Owner shall reimburse the Consultant for overtime costs only when the
overtime has been authorized in writing by the Owner. When authorized,
overtime shall be reimbursed at the rate of time and one-half for all
nonexempt employees. Notwithstanding this provision, the Consultant must
comply with all federal and state wage and hour laws and regulations,
regardless whether the overtime is considered reimbursable under this
Agreement.
3.3. Indirect Cost Rates.
3.3.1. Allowable indirect costs incurred by the Consultant shall also be reimbursed by
the Owner at the Indirect Cost Rate. The Indirect Cost Rate of the Consultant for
ri
this Agreement shall be the rate as set forth in subsection 1.11. If applicable, the
Indirect Cost Rate for subcontractors shall be determined in the same manner and
subject to the same limitations as the Consultant, and shall be listed for each
subcontractor identified in Appendix A. The Indirect Cost Rate, or any adjustment
thereto, shall not change any monetary ceiling, contract obligation, or specific cost
allowance, or disallowance provided for in this Agreement except as provided for in
sections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect
costs pursuant to 48 C.F.R. Part 31 ("FAR").
3.3.2. In establishing the Indirect Cost Rate or proposing any adjustment thereto, the
Consultant shall, upon request, submit to the Owner, FHWA, or their
representatives an audited indirect cost rate and supporting cost data in
accordance with the requirements set forth in the current Arkansas Highway &
Transportation Department Indirect Cost Rate Audit Requirements.
3.3.3. During the term of this Agreement, if an audit of a subsequent accounting period
of the Consultant demonstrates that the Consultant has incurred allowable indirect
costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be
adjusted. Any adjustment is subject to the audit and documentation requirements
of the FAR and the current Arkansas Highway & Transportation Department Indirect
Cost Rate Audit Requirements. Except in the case of a provisional Indirect Cost
Rate, as provided in the following subparagraphs, or the disallowance of cost
following a subsequent audit, any adjustment to the Indirect Cost Rate shall be
effective only prospectively from the date that the adjustment is accepted.
3.3.4. In order to expedite some projects, when an audited indirect cost rate has not yet
been submitted and approved, the Owner may extend a temporary waiver and
accept a provisional indirect cost rate. This provisional rate must be reviewed by,
and receive a positive recommendation from the Arkansas Highway and
Transportation Department's Chief Fiscal Officer. The provisional cost proposal
must be accompanied by written assurance from an independent CPA that he/she
has been engaged to audit the costs in accordance with the above requirements.
The anticipated audit must be based on costs incurred in the most recently
completed fiscal year for which the cost data is available, with the audit scheduled
to begin within a reasonable time frame. If the date of the initial cost proposal is
within the last quarter of the current fiscal year, the audit may be delayed until the
current fiscal year is closed and the final cost data is available. The written
assurance from the CPA that he or she has been engaged to perform the audit at
an appropriate time is still required.
3.3.5. Once an audited indirect cost rate is approved, the ceiling prices provided for in
the initial agreement using the provisional indirect cost rate will be adjusted with a
supplemental agreement to implement the resulting increase or decrease from
revising the indirect cost rate, and all amounts paid the consultant prior to receipt
and acceptance of an audited indirect cost rate will be retroactively adjusted for
changes in the indirect cost rate. However, no changes in hours, fixed fees, or
other costs will be allowed as a result of applying the audited indirect cost rate.
3.4. Fees. The justification for the fees and costs is contained in Appendix A. In addition
to reimbursement of the allowable costs as set forth above, the Owner shall pay to the
Consultant a fixed fee of $17,255.40 for Title I Services. For Title Ill Services, if
applicable, the Owner shall reimburse the Consultant for allowable direct costs and also
pay to the Consultant an amount determined by multiplying the salary rate of the
individual(s) performing the Title II Services, as shown on the Schedule of Salary
Ranges, by the Title II Multiplier. The Title II Multiplier shall account for all fees and
indirect costs associated with Title 11 services.
3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and
payment of the fees shall be made as follows, unless modified by the written agreement
of both parties:
3.5.1. Not more often than once per month, the Consultant shall submit to the Owner, in
such form and detail as the Owner may require, an invoice or voucher supported by
a statement of the claimed allowable costs for performing this Agreement, and
estimates of the amount and value of the work accomplished under this Agreement.
The invoices for costs and estimates for fees shall be supported by any data
requested by the Owner.
3.5.2. In making estimates for fee purposes, such estimates shall include only the
amount and value of the work accomplished and performed by the Consultant
under this Agreement which meets the standards of quality established under this
Agreement. The Consultant shall submit with the estimates any supporting data
required by the Owner. At a minimum, the supporting data shall include a progress
report in the form and number required by the Owner.
3.5.3. Upon approval of the estimate by the Owner, payment upon properly executed
vouchers shall be made to the Consultant, as soon as practicable, of 100 percent of
the allowed costs, and of 90 percent of the approved amount of the estimated fee,
less all previous payments. Notwithstanding any other provision of this Agreement,
only costs and fees determined to be allowable by the Owner in accordance with
subpart 31.2 of the Federal Acquisition Regulations (FAR) in effect on the date of
this Agreement and under the terms of this Agreement shall be reimbursed or paid.
3.5.4. Before final payment under the Agreement, and as a condition precedent thereto,
the Consultant shall execute and deliver to the Owner a release of all claims
against the Owner arising under or by virtue of this Agreement, other than any
claims that are specifically excepted by the Consultant from the operation of the
release in amounts stated in the release.
3.6. Title I Services, Title Ii Services, and Contract Ceiling Prices. The parties agree that
aggregate payments under this Agreement, including all costs and fees, shall not
exceed the Contract Ceiling Price. The parties further agree that aggregate payments
for Title I services under this Agreement, including all costs and fees, shall not exceed
the Title I Services Ceiling Price; and that aggregate payments for Title II services under
this Agreement, including all costs and fees, shall not exceed the Title II Services Ceiling
Price. No adjustment of the Indirect Cost Rate or the Title II Multiplier, claim, or dispute
shall affect the limits imposed by these ceiling prices. No payment of costs or fees shall
be made above these ceiling prices unless the Agreement is modified in writing.
3.7. Final payment.
3.7.1. The Consultant shall submit a completion invoice or voucher, designated as
such, promptly upon completion of the work, but no later than forty-five (45) days
(or longer, as the Owner may approve in writing) after the completion date. Upon
approval of the completion invoice or voucher, and upon the Consultant's
compliance with all terms of this Agreement, the Owner shall promptly pay any
balance of allowable costs and that part of the fee (if any) not previously paid.
3.7.2. The Consultant shall pay to the Owner any refunds, rebates, credits, or other
amounts (including interest, if any) accruing to or received by the Consultant or any
assignee under this Agreement, to the extent that those amounts are properly
allocable to costs for which the Consultant has been reimbursed by the Owner.
Reasonable expenses incurred by the Consultant for securing refunds, rebates,
credits, or other amounts shall be allowable costs if approved by the Owner. Before
final payment under this Agreement, the Consultant and each assignee whose
assignment is in effect at the time of final payment shall execute and deliver—
• An assignment to the Owner, in form and substance satisfactory to the Owner, of
refunds, rebates, credits, or. other amounts (including interest, if any) properly
allocable to costs for which the Consultant has been reimbursed by the Owner
under this Agreement; and,
• A release discharging the Owner, its officers, agents, and employees from all
liabilities, obligations, and claims arising out of or under this Agreement.
3.8. Owner's Right to Withhold Payment. The Owner may withhold payment to such
extent as it deems necessary as a result of: (1) third party claims arising out of the
services of the Consultant and made against the Owner; (2) evidence of fraud, over-
billing, or overpayment; (3) inclusion of non -allowable costs; (4) failure to make prompt
payments to subcontractors in the time provided by this Agreement; (5) payment
requests received including fees for unapproved subcontractors; and/or (6) the
Consultant's default or unsatisfactory performance of services. The withholding of
payment under this provision shall in no way relieve the Consultant of its obligation to
continue to perform its services under this Agreement.
4. DISALLOWANCE OF COSTS
4.1. Notwithstanding any other clause of this Agreement, the Owner may at any time
issue to the Consultant a written notice of intent to disallow specified costs incurred or
planned for incurrence under this Agreement that have been determined not to be
allowable under the contract terms.
4.2. Failure to issue a notice under this Section shall not affect the Owner's rights to take
exception to incurred costs.
4.3. If a subsequent audit reveals that: (1) items not property reimbursable have, in fact,
been reimbursed as direct costs; or (2) that the Indirect Cost Rate contains items not
properly reimbursable under the FAR; then, in the case of indirect costs, the Indirect
Cost Rate shall be amended retroactively to reflect the actual allowable indirect costs
incurred, and, in the case of both direct and indirect costs, the Owner may offset, or the
Consultant shall repay to Owner, any overpayment.
5. RECORDS & AUDITS
5.1. Records includes books, documents, accounting procedures and practices, and other
data, regardless of type and regardless of whether such items are in written form, in the
form of computer data, or in any other form.
5.2. Examination. The Consultant shall maintain, and the Owner, AHTD, FHWA, and their
authorized representatives shall have the right to examine and audit all records and
other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have
been incurred or anticipated to be incurred in performance of this Agreement. This right
of examination shall also include examination and audit of any records considered,
relied upon, or relating to the determination of the Indirect Cost Rate or any certification
thereof, including any CPA audit relied upon to establish the rate. This right of
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examination shall also include inspection at all reasonable times of the Consultant's
offices and facilities, or parts of them, engaged in performing the Agreement.
5.3. Supporting Data. If the Consultant has been required to submit data in connection
with any action relating to this Agreement, including the negotiation of or pre -negotiation
audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost
reimbursement, request for payment, request for an adjustment, or assertion of a claim,
the Owner, AHTD, FHWA, or their authorized representatives, in order to evaluate the
accuracy, completeness, and accuracy of the data, shall have the right to examine and
audit all of the Consultant's records, including computations and projections, related to—
• The determination or certification of the Indirect Cost Rate, including any
independent CPA audit or certification thereof;
• Any proposal for the Agreement, subcontract, or modification;
• Discussions conducted on the proposal(s), including those related to negotiating;
• Fees or allowable costs under the Agreement, subcontract, or modification;
• Performance of the Agreement, subcontract or modification; or,
• The amount and basis of any claim or dispute.
5.4. Audit. The Owner, AHTD, FHWA, or their authorized representatives, shall have
access to and the right to examine any of the Consultant's records involving transactions
related to this Agreement or a subcontract hereunder.
5.5. Reports. If the Consultant is required to furnish cost, funding, or performance
reports, the Owner, AHTD, FHWA, or their authorized representatives shall have the
right to examine and audit the supporting records and materials, for the purpose of
evaluating (1) the effectiveness of the Consultant's policies and procedures to produce
data compatible with the objectives of these reports and (2) the data reported.
5.6. Availability. The Consultant shall retain and make available at its office at all
reasonable times the records, materials, and other evidence described in this Section
and Section 28, Disputes and Claims, for examination, audit, or reproduction, until five
years after final payment under this Agreement, or for any longer period required by
statute or by other clauses of this Agreement. In addition -
5.6.1. If this Agreement is completely or partially terminated, the records relating to the
work terminated shall be retained and made available for five years after the
termination; and,
5.6.2. Records relating to any claim or dispute, or to litigation or the settlement of
claims arising under or relating to this Agreement shall be retained and made
available until after any such claims or litigation, including appeals, are finally
resolved.
5.7. The Consultant shall insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
6. DESCRIPTION OF THE PROJECT
The City of Fayetteville is enlisting the engineering consulting services of Carter & Burgess, Inc.
to provide consulting services for transportation infrastructure improvements in a project area
generally bounded by College Avenue, Interstate 540 from the Fulbright Expressway to Exit No.
69, Millsap Road, and the Fayetteville City Limits.
The general scope of services consists of:
1. Analysis of existing traffic patterns in the Project Area, and projection of future traffic
flows.
2. Development of alternatives for infrastructure improvements to assist traffic movement
through the project area, with particular attention paid to the development of
infrastructure that facilitates ingress and egress to the growing
retail/restaurant/office/medical facility areas located in and near the Project Area.
3. Preparation of a Study Report, to include conceptual designs of recommended
improvements, traffic study results, estimates of probable cost for recommended
improvements, and recommended construction priorities and phasing.
This study will be developed in three phases:
• Phase I: Data collection
• Phase ll: Network analysis and identification of recommended improvements
• Phase III: Study Report, Supporting Graphics and Council Presentation
7. INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY CONSULTANT
7.1. Project Assumptions
1. Alternatives to be developed
Alternatives will be recommended for two stages of improvements: short-term and long-
term. The time frame for these improvements is defined as follows.
• Short-term Improvements: Items to be completed with the federal
earmarked funds and to be completed on or before 2010.
• Long-term Improvements: Items needed to maintain the City selected
measure of effectiveness (MOE) for projected 2025 traffic volumes.
2. Design Year
The design year will be 2025.
3. Population Projections and Growth Rate
Carter -Burgess will also obtain and input AHTD growth rates and other existing data as
appropriate.
4. Land Use Analysis
The City provided Population Projections and Growth Rate and the current build -out
trend will be used to project future traffic growth in and around the project area.
5. Existing Master Street Plan
The Master Street Plan and roadway improvement plans will be used to establish the
future roadway network in the study area.
7.2. Phase I — Data Collection
1. Kick off Meeting
C&B will lead an informal meeting with City Staff to discuss topics identified in the
scope, including scheduling, confirmation of points of contact, and verification of billing
procedures.
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2. Data Collection Meeting(s) ,
• C&B will coordinate with and/or meet with surrounding Cities and Agencies as
needed, including, but not limited to: the City of Springdale regarding the
relocation of Johnson Road, the City's Park and Recreation Department to
discuss future trail and pedestrian access and future park lands within the study
area, Ozark Regional Transit and the University of Arkansas regarding existing
and proposed transit routes in the project area, and the City's traffic division
regarding assembly of information and data relative to the existing traffic
operations at existing signalized intersections included in the project area.
C&B will conduct multiple meetings with City Staff, AHTD, and any other City
invited stake holders to discuss the project.
3. Traffic Data Collection and Origin/Destination Survey
By utilizing video cameras, and both on-line and mail -in surveys a limited
origin/destination survey will be conducted for the study area.
Items to be accomplished are as follows:
A. 24 -hour electronic traffic counts and hand turning movements will be performed
at key locations on a typical weekday and weekend night at specific locations to
determine am, pm, and noon hour travel patterns for in the project area.
The following locations will be included:
• Area A — Great House Springs Road/Main Street and 1-540 (Johnson)
• Area B - S. Wilkerson Street at Main Street (Johnson)
• Area C - Joyce at Gregg/S. Wilkerson Street
• Area D —Van Asche and Gregg
• Area E - Shiloh at Ramps
• Area F - Shiloh at Gregg
• Area G - Futrall at Gregg
• Area H - Futrall at Ramps
• Area I - North College and Millsap
• Area J - North College and Joyce - Phase I
• Area J - North College and Joyce - Phase 11
• Area K - North College and Shepard Lane
• Area K - North College and Shepard Lane - Phase II
• Area L - North College and Zion - Phase I
• Area L - North College and Zion - Phase II
• Area M - Main Street at North College
• Area N - Steele at Joyce
• Area O - Shiloh at Steele
• Area P - Mall and Joyce
• Area P - Johnson and Main (Johnson)
• Area R - Great House Springs Road/Main Street and Carley (Johnson)
B. On-line and mail in surveys. Specifically this will contain:
a) An on-line survey utilizing the Carter & Burgess public website
b) One thousand (1,000) postage paid mail -in surveys will be distributed to
local businesses in the project area that agree to cooperate in
distributing the questionnaires to their employees.
Data resulting from this survey will be tabulated, and analyzed. Survey results
will be documented in the final report.
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4. Existing Network Conditions
An inventory of the existing roadway and trail systems will be compiled. In general
the data will include:
• Roadway name and highway designation and existing functional
classification
• Access control (none, partial, full)
• Street data including right-of-way width, average pavement width and type,
median type, lane configuration, etc.
• One-way or two-way traffic operation
• Turn lane locations
• Median type (raised, flush, depressed, or none)
• Presence or absence of on -street parking
• Presence or absence of sidewalks, both sides or one -side only
• Pedestrian crosswalks and associated traffic control devices
• Posted speed limits
• Signalized intersections
• Two-way and four-way stop sign and yield sign controlled intersections
• Grade separations or interchanges
• Railroad/roadway grade crossings with type of crossing protection
(crossbucks, lights, gates)
• Transit Systems
• Multi -Use Trails, Pedestrian and Bike Paths (Designated/Traveled)
7.3. Phase II - Conduct Network Analysis & Identity Improvements
1. Project Traffic Volumes
C&B will forecast traffic volumes and demands for the design year 2025 and
interim year 2010. These forecasts will be used in capacity analysis calculations
conducted as a part of this study. The forecasts will be verified with the City
and/or compared with other City and regional studies before proceeding.
Perform Existing Traffic/Network Analysis
C&B will develop a traffic model of the study area. Various modeling softwares
will be utilized to conduct an analysis of existing AM and PM peak period street
operations within the project area. As mutually agreed by both the Engineer and
the City of Fayetteville, the modeling software will be performed in one or more of
the following traffic software, SYNCHRO, CORSIM, SimTraffic or TSPPD. The
model will investigate the traffic movement both as a whole and isolated areas.
C&B will analyze existing traffic access and circulation, including identification of
roadway deficiencies. In general, the roadways to be analyzed are as follows.
• Great House Springs Road/Main Street in Johnson (1-540 to N. College)
• Gregg/S. Wilkerson Street (Main Street to Appleby)
• Steele Boulevard (Shiloh Drive to the NWA Mall)
• Mall Avenue (Shiloh Drive to the NWA Mall)
• Joyce Boulevard (Gregg to Old Missouri)
• Shiloh (Gregg to Mall)
• Futrall/Millsap (Gregg to N. College)
• North College (Millsap to Main Street)
Included in the traffic model will be the evaluation of pedestrian movements to
identify pedestrian demand at critical locations, and the influence of vehicular
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operations to this demand. The planned and funded improvements for
pedestrians, bicycles and transit vehicles will be included.
3. Analysis of Existing Deficiencies/Needs
The roadway systems will be modeled and analyzed to determine the major
deficiencies. The results of this model will indicate roadway deficiencies, needs at the
intersections, and will indicate the traffic operating conditions that occur in 2010 and
2025. Measures of Effectiveness will be developed, to include average vehicle speed,
vehicle stops, vehicle delay, vehicle hours of travel, intersection level of service (LOS),
maximum queue length per lane, or other criteria to be determined.
4. Develop Conceptual Improvements
The deficiencies/needs model will be presented to City staff, along with a listing of
potential improvement projects. Three improvement projects will be presented to the
City in conceptual format to correct "major" deficiencies with order of magnitude cost
estimates. "Major" deficiencies are defined as areas in the model that are failing to
move traffic in an effective manner (probably a LOS D or F) and that will require a
construction budget over $3 million.
The three City approved improvement projects will modeled with AM and PM traffic
volumes and presentation to AHTD.
5. Analyze/Evaluate Selected Scenarios
The traffic models along with the ranking of the projects by MOE and comments from
AHTD will be presented to the City Street Committee.
Based on input from the Street Committee and others, the improvements to be
constructed with the available federal funding will be finalized to a single preferred
alternative. The City selected, AHTD approved alternative model will be refined for
presentation, construction cost finalized and conceptual sketches of site amenities
(trees, parks, trails) will be prepared.
6. Environmental Screening
A preliminary environmental screening of the selected alternative will be performed to
determine any major environmental issues that might represent a "fatal flaw" and
prevent timely implementation of the recommended improvements. Existing information
from available sources will be compiled and reviewed to identify environmental
resources and characteristics of the study area. Potential environmental impacts of the
recommended improvements will be considered in general terms to determine the
likelihood of any issues or concerns that might require further detailed environmental
analysis. The potential need for environmental surveys, assessments, or impact
analysis will be noted.
If a "fatal flaw" exists then C&B will immediately contact the City before proceeding.
7.4. Phase III - Study Report, Supporting Graphics and Council Presentation
The study findings, conclusions, and recommendations resulting from all the previous
tasks will be documented in a summary report including appropriate text, tables, and
figures. Data and methodology will be included in appendices, as appropriate.
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A draft study report will be prepared and submitted for review and comment by the City.
Following receipt of the City's review comments, the final study report will be prepared
and submitted. The final study report will also be provided in electronic format on CD.
The final model will include roadway/geometric changes and traffic signal system
improvements including integrated Synchro and TSPPD models to obtain optimized
signal timing for the network. This model will be for the worst case traffic condition and
will include planned future improvements with the recommended transportation
improvements identified by the study.
The recommended improvements and corresponding model, the landscape architect's
sketches, and estimated cost will be presented to the Street Committee and City
Council.
Four models will be presented, in summary, these models are:
1. Traffic conditions for years 2010 and 2025 with only the currently planned and
programmed improvements or the "no additional action" alternative.
2. Proposed Improvements — Short-term Improvements with ear marked funded
improvements included for years 2010 and 2025.
The presentation will be a PowerPoint presentation including an overview of the
project, the proposed improvements with cost estimates, the traffic models and color
display boards.
8. INFORMATION TO BE PROVIDED BY THE OWNER
1. Population Projections and Growth Rate
The City will provide the latest Census data for existing populations and the population
projections developed for City Plan 2025 to the Engineer and for use in traffic forecasting.
2. Land Use Analysis
The future land use plan and as well as any planned or proposed
improvements/developments for the study area will be provided by the City. The
Population Projections and Growth Rate and the current build -out trend will be provided
for use in projecting future traffic growth in and around the project area.
3. Existing Master Street Plan
The existing Master Street Plan for the study area and any planned or proposed roadway
improvements for the project area will be provided by the City.
9. TITLE II SERVICES TO BE PROVIDED BY CONSULTANT
None under current contract
10. COORDINATION WITH OWNER
10.1. Throughout the Project, the Consultant shall hold bi-monthly conferences in
Fayetteville, Arkansas, or such other location as designated by the Owner, with
representatives of the Owner, the AHTD, and the FHWA so that as the Project
progresses, the Consultant shall have full benefit of the Owner's knowledge of existing
needs and facilities and be consistent with the Owner's current policies and practices.
The extent and character of the work to be done by the Consultant shall be subject to
the general oversight and approval of the Owner.
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11. OFFICE LOCATION FOR REVIEW OF WORK
11.1. Review of the work as it progresses and all files and documents produced under this
Agreement may be made by representatives of the Owner, the AHTD, and the FHWA at
the Consultant's Northwest Arkansas Office located in Fayettevillle, Arkansas at One
East Center Street, Suite B200, Fayetteville, Arkansas 72701 or the Central Arkansas
Office in Little Rock at 10816 Executive Center Dr. Suite 300, Little Rock, AR 72211.
12. ACCESS TO PROPERTY
12.1. The Consultant's services to the Owner may require entry upon private property. The
Owner will present or mail to private landowners a letter of introduction and explanation,
describing the work, which shall be drafted by the Consultant. The Consultant will make
reasonable attempts to notify resident landowners who are ob'ious and present when
the Consultant is in the field. The Consultant is not expected to provide detailed contact
with individual landowners. The Consultant is not expected to obtain entry by means
other than the consent of the landowner. If the Consultant is denied entry to private
property by the landowner, the Consultant will not enter the property. If denied entry to
the property, the Consultant shall notify the Owner and advise the Owner of an alternate
evaluation method if one is feasible. The Owner shall decide on the course of action to
obtain access to the property.
13. DELIVERABLES
The final Study Report will include:
• conceptual designs of recommended improvements on existing aerial
topography,
• traffic study results,
• estimates of probable cost for recommended improvements,
• recommended construction priorities and phasing based on future traffic volumes
Three copies of the final report will submitted to the City in paper format with 5
additional copies in PDF format on CD.
Traffic models and data.
14. SUBCONTRACTING
14.1. Unless expressly disclosed in Appendix B, the Consultant may not subcontract any of
the services to be provided herein without the express written approval of the Owner. All
subcontractors, including those listed in Appendix B, shall be bound by the terms of this
Agreement. All subcontractors shall be subject to all contractual and legal restrictions
concerning payment and determination of allowable costs, and subject to all disclosure
and audit provisions contained herein and in any applicable federal or state law.
14.2. Unless the consent or approval specifically provides otherwise, neither consent by
the Owner to any subcontract nor approval of the Consultant's purchasing system shall
constitute a determination (1) of the acceptability of any subcontract terms or conditions,
(2) of the acceptability of any subcontract price or of any amount paid under any
subcontract, or (3) to relieve the Consultant of any responsibility, obligation, or duty
under this Agreement.
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14.3. No subcontract placed under this Agreement shall provide for payment on a cost-
plus -a -percentage -of -cost basis, and any fee payable under cost -reimbursement
subcontracts shall not exceed the fee limitations of the FAR.
14.4. Furthermore, notwithstanding any other provision within this Agreement, no
reimbursement or payment for any markup of the cost of any subcontract shall be
- considered by the Owner without the express written agreement of the Owner.
14.5. Prompt Payment. The Consultant shall pay subcontractors for satisfactory
performance of their subcontracts within 30 days of receipt of each payment by the
Owner to the Consultant. Any retainage payments held by the Consultant must be
returned to the subcontractor within 30 days after the subcontractor's work is completed.
Failure to comply with this provision shall be considered a Default by the Consultant. If
the Consultant fails to comply with this provision, in addition to any other rights or
remedies provided under this Agreement, the Owner, at its sole option and discretion,
may:
• make payments directly to the subcontractor and offset such payments, along with
any . administrative costs incurred by the Owner, against reimbursements or
payments otherwise due the Consultant;
• notify any sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the Consultant
until the Consultant ensures that the subcontractors have been and will be promptly
paid for work performed.
14.6. The Consultant shall insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
15. RESPONSIBILITY OF THE CONSULTANT
15.1. Notwithstanding any review, approval, acceptance, or payment by the Owner, the
Consultant shall be responsible for the professional quality, technical accuracy, and the
coordination of all designs, drawings, specifications, and other services furnished by the
Consultant under this Agreement. The Consultant shall, without additional
compensation, correct or revise any errors or deficiencies in its designs, drawings,
specifications, and other services.
15.2. The Consultant shall demonstrate to the Owner the presence and implementation of
quality assurance in the performance of the Consultant's work. The Consultant shall
identify individual(s) responsible, as well as methods used to determine the
completeness and accuracy of drawings, specifications, and cost estimates.
15.3. The Consultant further agrees that in its performance of work under this Agreement,
it shall adhere to the requirements in the Design Standards of the AHTD and FHWA,
which shall be incorporated herein by reference.
15.4. The Owner shall have the right at any time and in its sole discretion to submit for
review all or any portion of the Consultant's work to consulting engineers engaged by
the Owner for that purpose. The Consultant shall fully cooperate with any such review.
15.5. The Consultant and any subcontractor shall employ qualified and competent
personnel to perform the work under this Agreement.
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15.6. Neither the Owner's review, approval, or acceptance of, nor payment for, the services
required under this Agreement shall be construed to operate as a waiver of any rights
under this Agreement, or of any cause of action arising out of the performance of this
Agreement. The Consultant shall be and remain liable to the Owner for all damages to
the Owner caused by the Consultant's negligent performance of any of the services
furnished under this Agreement.
15.7. The rights and remedies of the Owner provided under this Agreement are in addition
to any other rights and remedies provided by law.
15.8. If the Consultant is comprised of more than one legal entity, each such entity shall be
jointly and severally liable hereunder.
16. WARRANTY OF SERVICES
16.1. Definitions. Acceptance, as used in this Agreement, means the act of an authorized
representative of the Owner by which the Owner approves specific services, as partial or
complete performance of the Agreement. Correction, as used in this Agreement, means
the elimination of a defect.
16.2. Notwithstanding inspection and acceptance by the Owner or any provision
concerning the conclusiveness thereof, the Consultant warrants that all services
performed and work product under this Agreement will, at the time of acceptance, be
free from defects in workmanship and conform to the requirements of this Agreement.
16.3. If the Consultant is required to correct or re -perform, it shall be at no cost to the
Owner, and any services corrected or re -performed by the Consultant shall be subject to
this Section to the same extent as work initially performed. If the Consultant fails or
refuses to correct or re -perform, the Owner may, by contract or otherwise, correct or
replace with similar services and charge to the Consultant the cost occasioned to the
Owner thereby, or make an equitable adjustment in the Contract Price.
16.4. If the Owner does not require correction or re -performance, the Owner shall make an
equitable adjustment in the Contract Price.
16.5. Nothing within this Section shall constitute a waiver or exclusion of any other right or
remedy that the Owner may possess at law or under this Agreement.
17. TERM, COMMENCEMENT, AND COMPLETION
17.1. This Agreement shall commence on the effective date set forth above and remain in
effect until the completion of the Consultant's Scope of Services, as defined herein, to
be completed within a period of six (6) months, unless extended or terminated by the
Owner in accordance with this Agreement.
17.2. The Consultant shall begin work under the terms of this Agreement within ten (10)
days of receiving written notice to proceed. [If services are to be performed in
subsequent phases, then each phase shall be commenced upon the Owner's approval
of the previous phase. The Consultant shall not be entitled to any compensation or
reimbursement for services performed in a phase unless and until it has received
approval from the Owner to proceed with such services.]
17.3. It is further agreed that time is of the essence in performance of this Agreement. The
Consultant shall complete the work, or each phase, as scheduled, and the Owner shall
16
provide any required approval of the work or phase meeting the requirements contained
herein in a reasonable and timely manner. The Project shall be completed as follows:
Final report to be delivered to Owner with six (6) months.
18. TERMINATION
18.1. The Owner may terminate this Agreement in whole or, from time to time, in part, for
the Owner's convenience or because of the Default of the Consultant.
18.2. The Owner shall terminate this Agreement by delivering to the Consultant written
notice of the termination.
18.3. Upon receipt of the notice, the Consultant shall:
• Immediately discontinue all services affected (unless the notice directs otherwise).
• Deliver to the Owner all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this
Agreement, whether completed or in process.
• Terminate all subcontracts to the extent they relate to the work terminated.
• In the sole discretion and option of the Owner, and if and only if requested to do so,
assign to the Owner all right, title, and interest of the Consultant under the
subcontracts terminated, in which case the Owner shall have the right to settle any
claim or dispute arising out of those subcontracts without waiver of any right or claim
the Owner may possess against the Consultant.
• With approval or ratification by the Owner, settle all outstanding liabilities arising from
the termination of subcontracts, the cost of which would be allowable in whole or in
part, under this Agreement.
• Complete performance of any work not terminated.
• Take any action that may be necessary, or that the Owner may direct, for the
protection and preservation of the property related to this Agreement which is in the
possession of the Consultant and in which the Owner has or may acquire an interest.
18.4. If the termination is for the convenience of the Owner, the Owner shall make an
equitable adjustment in the Contract Price, subject to the Ceiling Prices and Funding
Limitations provisions, but shall allow no anticipated fee or profit on unperformed
services.
18.5. If the termination is for the Consultant's Default, the Owner may complete the work
by contract or otherwise and the Consultant shall be liable for any additional cost
incurred by the Owner.
18.6. Disputes and claims arising from termination of this Agreement shall be governed by
Section 28, Claims and Disputes (48 CFR 31.205-42(e)(2)).
18.7. The rights and remedies of the Owner provided in this Section are in addition to any
other rights and remedies provided by law or under this Agreement, and shall not
constitute a waiver of any other such right or remedy.
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19. STOP WORK ORDERS
19.1. The Owner may, at any time, by written order to the Consultant, require the
Consultant to stop all, or any part, of the work called for by this Agreement for a period
of up to 90 days after the order is delivered to the Consultant, and for any further period
to which the parties may agree. Upon receipt of the order, the Consultant shall
immediately comply with its terms and take all reasonable steps to minimize the
incurrence of costs allocable to the work covered by the order during the period of work
stoppage. Within a period of 90 days after a stop work order is delivered to the
Consultant, or within any extension of that period to which the parties shall have agreed,
the Owner shall either -
19.1.1. Cancel the stop work order; or
19.1.2. Terminate the work pursuant to Section 18, Termination.
19.2. If a stop work order issued under this Section is canceled or the period of the order or
any extension thereof expires, the Consultant shall resume work. The Owner shall
make an equitable adjustment in the delivery schedule or Contract Price, or both, and
the Agreement shall be modified in writing accordingly, if---
• The stop work order was not issued because of Consultant's Default in its
performance of its obligations under any part of this Agreement; and,
The stop work order results in an increase in the time required for, or in the
Consultant's cost properly allocable to, the performance of any part of this
Agreement; and,
• The Consultant provides Notice of Potential Claim pursuant to Section 28, Disputes
and Claims.
20. CHANGES
20.1. The Owner may at any time, by written order, and without notice to the sureties, if
any, make changes within the general scope of this Agreement, including but not limited
to: (1) drawings, designs, or specifications; (2) time of performance (i.e., hours of the
day, days of the week, etc.); and (3) places of inspection, delivery, or acceptance.
20.2. If any such change causes an increase or decrease in the cost of, or the time
required for, performance of any part of the work under this Agreement, whether or not
changed by the order, the Owner shall make an equitable adjustment in the (1)
estimated cost, delivery or completion schedule, or both; (2) amount of any fee; and (3)
other affected terms.
20.3. All claims and disputes shall be governed by the Section 28, Claims and Disputes.
As provided in Section 28, the Consultant must provide written notice of its intention to
make a claim for additional compensation before beginning the work on which the claim
is based. If such notice is not given, the Consultant hereby agrees to waive any claim
for such additional compensation.
20.4. Failure to agree to any adjustment shall be a dispute under Section 28, Disputes and
Claims. However, nothing in this Section or any other provision of this Agreement shall
excuse the Consultant from proceeding with the Agreement as changed.
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21. OWNERSHIP OF DOCUMENTS & DATA
21.1. All project documents and data, regardless of form and including but not limited to
original drawings, disks of CADD drawings, cross -sections, estimates, files, field notes,
and data, shall be the property of the Owner. The Consultant shall further provide all
documents and data to the Owner upon the Owner's request. The Consultant may
retain reproduced copies of drawings and other documents. In the event that any patent
rights or copyrights are created in any of the documents, data compilations, or any other
work product, the Owner shall have an irrevocable license to use such documents, or
data compilations, or work product.
22. PATENT AND COPYRIGHT INFRINGEMENT
22.1. The Consultant shall report to the Owner, promptly and in reasonable written detail,
each notice or claim of patent or copyright infringement based on the performance of
this Agreement of which the Consultant has knowledge.
22.2. In the event of any claim or suit against the Owner on account of any alleged patent
or copyright infringement arising out of the performance of this Agreement or out of the
use of any supplies furnished or work or services performed under this Agreement, the
Consultant shall furnish to the Owner, when requested by the Owner, all evidence and
information in possession of the Consultant pertaining to such suit or claim. Such
evidence and information shall be furnished at the expense of the Consultant.
22.3. The Consultant agrees to include, and require inclusion of, the provisions of this
Section in all subcontracts at any tier for supplies or services.
22.4. The Consultant shall indemnify the Owner and its officers, agents, and employees
against liability, including costs and attorneys' fees, for infringement of any United States
patent or copyright arising from the manufacture or delivery of supplies, the performance
of services, or the construction, alteration, modification, or repair of real property under
this Agreement, or out of the use or disposal by or for the account of the Owner of such
supplies or construction work.
22.5. This indemnity shall not apply unless the Consultant shall have been informed within
ten (10) business days following the Owner's receipt of legal notice of any suit alleging
such infringement and shall have been given such opportunity as is afforded by
applicable laws, rules, or regulations to participate in its defense. Further, this indemnity
shall not apply to (1) an infringement resulting from compliance with specific written
instructions of the Owner directing a change in the supplies to be delivered or in the
materials or equipment to be used, or directing a manner of performance of the
Agreement not normally used by the Consultant, (2) an infringement resulting from
addition to or change in supplies or components furnished or construction work
performed that was made subsequent to delivery or performance, or (3) a claimed
infringement that is unreasonably settled without the consent of the Consultant, unless
required by final decree of a court of competent jurisdiction.
23. BANKRUPTCY
23.1. In the event the Consultant enters into proceedings relating to bankruptcy, whether
voluntary or involuntary, the Consultant agrees to furnish, by certified mail, written notice
of the bankruptcy to the Owner. This notice shall be furnished within five days of the
initiation of the proceedings relating to bankruptcy filing. This notice shall include the
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date on which the bankruptcy petition was filed, the identity of the court in which the
bankruptcy petition was filed, and a listing of AHTD job numbers and FAP numbers for
all contracts with Owner against which final payment has not been made. This obligation
remains in effect until final payment under this Agreement.
24. FUNDING LIMITATIONS
24.1. The Owner's obligations under this Agreement are contingent upon the availability of
appropriated funds from which payments under the terms of this Agreement can be
made in this and each subsequent fiscal year for the duration of the Agreement. No
legal liability on the part of the Owner of any kind whatsoever under this Agreement shall
arise until funds are made available to the Owner for performance of this Agreement,
including those to be appropriated and provided by the State of Arkansas and those to
be provided by the United States.
25. SUCCESSORS AND ASSIGNS
25.1. This Agreement shall be binding upon the parties and their successors and assigns,
and except as expressly set forth herein, neither the Owner nor the Consultant may
assign, delegate, or transfer any benefit or obligation under this Agreement without the
express written consent of the other party. Nothing herein shall be construed as a
waiver of any immunity or as creating any personal liability on the part of any officer or
agent of the Owner or any other governmental entity either made a party to, or having
any interest in, this Agreement.
26. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY
26.1. Indemnity. The Consultant shall hold harmless and indemnify the Owner and the
AHTD, their officers, employees, and agents, from and for all claims and liabilities
stemming from any wrongful (whether negligent, reckless, or intentional) acts or
omissions on the part of the Consultant and its subcontractors, and their agents and
employees.
26.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or
representative of the Owner or the AHTD shall be liable to the Consultant in a personal
or individual capacity under any term of this Agreement, because of any breach thereof,
or for any act or omission in its execution or performance.
26.3. Independent Contractor Relationship. The parties intend that the Consultant shall be
an independent contractor of the Owner and that the Consultant shall be liable for any
act or omission of the Consultant or its agents, employees, or subcontractors arising
under or occurring during the performance of this Agreement. No act or direction of the
Owner shall be deemed to be an exercise of supervision or control of the Consultant's
performance.
27. INSURANCE
27.1. Professional Liability Insurance Coverage. The Consultant shall maintain at all times
during the performance of services under this Agreement professional liability insurance
coverage for errors, omissions, and negligent acts arising out of the performance of this
Agreement in an amount per claim of not less than five (5) times the original Contract
Ceiling Price or $1,000,000, whichever is less. Such insurance shall extend to the
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Consultant and to its legal representatives in the event of death, dissolution, or
bankruptcy, and shall cover the errors, omissions, or negligent acts of the Consultant's
subcontractors, agents, and employees. Such insurance shall extend to any errors,
omissions, and negligent acts in the performance of services under this Agreement
committed by the Consultant or alleged to have been committed by the Consultant or
any person for whom the Consultant is legally responsible.
27.2. Deductible. The Consultant may maintain a professional liability insurance policy with
a deductible clause in an amount approved by the Owner if, in the judgment and opinion
of the Owner, the Consultant's financial resources are sufficient to adequately cover
possible liability in the amount of the deductible. The Consultant shall submit promptly to
the Owner, upon request as often as quarterly, detailed financial statements and any
other information requested by the Owner to reasonably determine whether or not the
Consultant's financial resources are sufficient to adequately cover possible liability in the
amount of the deductible.
27.3. Worker's Compensation Insurance. The Consultant shall at all times during the Term
of this Agreement maintain Worker's Compensation and Employers Liability Insurance as
required under Arkansas law.
27.4. General Liability Insurance. The Consultant shall at all times during the term of this
Agreement maintain comprehensive general liability insurance coverage for bodily injury
and property damage in the combined single limit of $1,000,000, and comprehensive
automobile liability insurance coverage for bodily injury and property damage in the
combined single limit of $1,000,000, which shall cover all owned, hired, and non -owned
vehicles. The Consultant's insurance coverage shall also cover restoration of plans,
drawings, field notes, and other documents in the event of their loss or destruction while
in the custody of the Consultant.
27.5. Insurance Policies and Certificates. The Consultant shall provide the Owner upon
request copies of its insurance policies and evidence satisfactory to the Owner
concerning the effectiveness and the specific terms of the insurance. Prior to the
execution of this Agreement, the Consultant shall furnish to the Owner certificates of
insurance reflecting policies in force, and it shall also provide certificates evidencing all
renewals of any expiring insurance policy required hereunder within thirty (30) days of the
expiration thereof. The Consultant's failure to provide and continue in force and effect
any insurance required under this Article shall be deemed a Default for which Owner, in
its sole discretion, may terminate this Agreement immediately or on such other terms as it
sees fit.
27.6. Additional Insurance Requirements. All insurance maintained by the Consultant
pursuant to this Section shall be written by insurance companies licensed to do business
in Arkansas, in form and substance satisfactory to the Owner, and shall provide that the
insurance will not be subject to cancellation, termination, or change during its term except
upon thirty (30) days prior written notice to the Owner.
27.7. Duration of Insurance Obligations. The Consultant shall maintain its professional
insurance coverage required under this Agreement in force and effect for a period not
less than five years after the final acceptance of the project or the completion of the
Consultant's services under this Agreement, whichever comes later. Comprehensive
General Liability Insurance Coverage required under this Agreement shall be in full force
and effect until the final acceptance or the completion of the Consultant's services,
whichever comes later. All other insurance shall be maintained in full force and effect
until final acceptance of the project or completion of the Consultant's services, whichever
comes first.
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27.8. Consultant's Insurance Primary. All insurance policies maintained by the Consultant
pursuant to this Agreement shall provide that the consultant's insurance shall be primary
and the Owner's own insurance shall be non-contributing.
27.9. Additional Insured. All liability insurance policies, except the professional liability
policy, maintained by the Consultant pursuant to this Agreement shall be endorsed to
include the Owner, its officers, directors, managers, employees, agents, assigns and
representatives, individually and collectively, as additional insured, and all property
damage insurance shall be endorsed with a waiver of subrogation by the insurer as to the
Owner.
28. DISPUTES AND CLAIMS
28.1. Notice of Potential Claim. Whenever a Consultant deems that any additional
compensation is due, the Consultant shall notify the Owner in writing of its intention to
make a claim for additional compensation ("Notice of Potential Claim") before
beginning the work that gives rise to the claim.
28.2. Time & Manner for Submitting Claim. All disputes and claims shall first be submitted
in writing to the Owner within 45 calendar days after the completion or termination date.
The Consultant hereby agrees that the failure to submit the dispute or claim to the
Owner prior to 45 calendar days after the completion or termination date shall
constitute a waiver of the dispute or claim.
28.3. Form. All disputes and claims must be submitted in writing and in sufficient detail to
permit the Owner to determine the basis for entitlement and the actual allowable costs
incurred. Each claim must contain:
• A detailed factual statement of the claim providing all necessary dates, locations, and
items of work affected by the claim;
• The date the actions resulting in the claim occurred or conditions resulting in the
claim became evident;
• A copy of the "Notice of Potential Claim";
• The name, title, and activity of each Owner's employee knowledgeable about facts
that gave rise to such claim;
• The name, title, and activity of each Consultant, Subcontractor, or employee
knowledgeable about the facts that gave rise to the claim;
• The specific provisions of the Agreement that support the claim and a statement why
such provisions support the claim;
• The identification and substance of any relevant documents, things, or oral
communications related to the claim;
• A statement whether the claim is based on provisions of the Agreement or an alleged
breach of the Agreement;
• If an extension of time is sought, the specific number of days sought and the basis for
the extension:
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• The amount of additional compensation sought and a specific cost breakdown of the
amount claimed; and,
• Any other information or documents that are relevant to the claim.
28.4. Decision and Appeal. The decision of the Owner shall be final and conclusive.
28.5. Continued Performance. Pending final resolution of a dispute or claim, unless the
Owner has terminated this Agreement pursuant to Section 18 or issued a stop work
order pursuant to Section 19, the Consultant shall proceed diligently with the
performance of this Agreement in accordance with the Owner's decisions.
28.6. The rights and remedies of the Owner provided in this Section are in addition to any
other rights and remedies provided by law or under this Agreement, and shall not
constitute a waiver of any other such right or remedy. If the Owner decides the facts
justify the action, the Owner may, at its sole option and discretion, receive and act upon
a proposal, dispute, or claim submitted at any time before final payment under this
Agreement.
29. COVENANT AGAINST CONTINGENCY FEES
29.1. The Consultant warrants that no person or agency has been employed or retained to
solicit or obtain this Agreement upon an agreement or understanding for a contingent
fee, except a bona fide employee or agency. For breach or violation of this warranty, the
Owner shall have the right to annul this Agreement without liability or, in its discretion, to
deduct from the Contract Price or consideration, or otherwise recover, the full amount of
the contingent fee.
29.2. Bona fide agency, as used in this Section, means an established commercial or
selling agency, maintained by the Consultant for the purpose of securing business, that
neither exerts nor proposes to exert improper influence to solicit or obtain government
contracts nor holds itself out as being able to obtain any government contract or
contracts through improper influence.
29.3. Bona fide employee, as used in this Section, means a person, employed by the
Consultant and subject to the Consultant's supervision and control as to time, place, and
manner of performance, who neither exerts nor proposes to exert improper influence to
solicit or obtain government contracts nor holds out as being able to obtain any
government contract or contracts through improper influence.
29.4. Contingent fee, as used in this Section, means any commission, percentage,
brokerage, or other fee that is contingent upon the success that a person or concern has
in securing a government contract.
29.5. Improper influence, as used in this Section, means any influence that induces or
tends to induce a government employee or officer to give consideration or to act
regarding a government contract on any basis other than the merits of the matter.
30. TITLE VI ASSURANCES (NONDISCRIMINATION)
During the performance of this Agreement, the Consultant, for itself, its successors, and
its assigns, certifies and agrees as follows:
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30.1. Compliance with Regulations. The Consultant shall comply with all regulations
relative to nondiscrimination in federally -assisted programs of the United States
Department of Transportation, 49 C.F.R. Part 21 and 23 C.F.R. Part 172, and as they
may be amended from time to time (Regulations"), which are hereby incorporated by
reference and made a part of this Agreement.
30.2. Nondiscrimination. The Consultant, during the term of this Agreement, shall not
discriminate on the basis of race, color, sex, or national origin in the selection and
retention of subcontractors, including procurement of material and leases of equipment.
The Consultant shall not participate either directly or indirectly in any discrimination
prohibited by the Regulations, including employment practices.
30.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In
all solicitations, either by competitive bidding or negotiation, made by the Consultant for
work to be performed under a subcontract, including procurement of materials and
leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this Agreement and the Regulations.
30.4. Information and Reports. The Consultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, and accounts, other sources of information, and its facilities
by the Owner, the AHTD, or the FHWA for the purposes of investigation to ascertain
compliance with such regulations and directives. Where any information required of the
Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Owner, the AHTD, or the FHWA, as
appropriate, and shall set forth the efforts made by the Consultant to obtain the records
or information.
30.5. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with
the nondiscrimination provisions of this Agreement, the Owner shall impose such
contract sanctions as it, the AHTD, or the FHWA may determine to be appropriate,
including but not limited to, withholding of payments to the Consultant under the
Agreement until the Consultant complies with the provisions and cancellation,
termination, or suspension of the Agreement, in whole or in part.
30.6. Incorporation of Provisions. The Consultant shall include the terms and conditions of
this Section in every subcontract or purchase order so that these terms and conditions
will be binding upon each subcontractor or vendor. The Consultant shall take such
action with respect to any subcontract or purchase order as the Owner, the AHTD, or the
FHWA may direct as a means of enforcing these terms and conditions, including
sanctions for noncompliance; provided, that if the Consultant becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of any direction, the
Consultant may request the Owner, the AHTD, or the United States to enter into the
litigation to protect the interests of the State and the United States, respectively.
31. DBE CLAUSE
31.1. The Consultant or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this Agreement. The Consultant shall
comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions
necessary to maintain compliance in the award and administration of DOT -assisted
contracts. Failure by the Consultant to comply with or perform these requirements is a
material breach of this Agreement, which may result in the cancellation, termination, or
suspension of this Agreement in whole or in part, or such other remedy that the Owner
may determine appropriate.
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31.2. The Consultant shall insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
32. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS
32.1. The Consultant certifies, to the best of its knowledge and belief, that -
32.1.1. The Consultant and any of its Principals -
32.1.1.1. Are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any federal or state agency;
32.1.1.2. Have not, within a 3 -year period preceding this offer, been convicted of
or had a civil judgment rendered against them for: commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) contract or subcontract; violation
of federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
32.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by
a governmental entity with, commission of any of the offenses enumerated in
Subsection 32.1.1.2; and,
32.1.1.4. The Consultant has not within a 3 -year period preceding this offer, had
one or more contracts terminated for default by any federal or state agency.
32.2. Principals, for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within
a business entity (e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions). This certification concerns a matter within
the jurisdiction of an agency of the United States and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under Section 1001,
Title 18, United States Code, as well as any other applicable federal and state laws.
32.3. The Consultant shall provide immediate written notice to the Owner if, at any time
prior to contract award, the Consultant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
32.4. The certification in Subsection 32.1 is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Consultant
knowingly rendered an erroneous certification, the Owner may terminate the contract
resulting from this solicitation for default in addition to any other remedies available to
the Owner.
33. MISCELLANEOUS
33.1. General Compliance with Laws. The Consultant shall comply with all Federal, State,
and local laws, regulations, and ordinances applicable to the work, including but not
limited to, the Americans with Disabilities Act and Occupational Safety and Health Act as
amended.
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33.2. Registered Professional Engineer's Endorsement. All plans, specifications,
estimates, and engineering data provided by the Consultant shall be endorsed and
recommended by an authorized representative of the Consultant, who shall be a
registered Professional Engineer licensed in the State of Arkansas.
33.3. Choice of Law. This Agreement shall be governed by the laws of the State of
Arkansas without consideration of its choice of law provisions.
33.4. Choice of Forum. The Consultant agrees that any cause of action stemming from or
related to this Agreement, including but not limited to disputes or claims arising under
this Agreement, for acts or omissions in the performance, suspension, or termination of
this Agreement, whether sounding in contract or tort, equity or law, may only be brought
in the appropriate forum within State of Arkansas.
33.5. No Waiver of Immunity. The Owner expressly does not waive any defense of
immunity that it may possess under either federal or state law, and no provision in this
Agreement shall be construed to constitute such a waiver in whole or in part.
33.6. Conflicts Between Laws, Regulations, and Provisions. In the event of conflicting
provisions of law, the interpretation shall be governed by the following in this order, from
most controlling to least: Federal law and regulations, State law and regulations,
Department and FHWA Design Standards, and this Agreement.
33.7. Severability. If any term or condition of this Agreement shall be held invalid, illegal,
or unenforceable by a court of competent jurisdiction, all remaining terms of this
Agreement shall remain valid and enforceable unless one or both of the parties would be
materially prejudiced.
33.8. No -Waiver. The failure of the Owner to strictly enforce any term of this Agreement
shall not be construed as a waiver of the Owner's right to require the Consultant's
subsequent performance of the same or similar obligation or duty.
33.9. Modification and Merger. This written Agreement and any provisions incorporated by
reference reflect the entire agreement of the parties and may be modified only by the
express written agreement of both parties.
34. CERTIFICATION OF AUTHORIZED REPRESENTATIVES
34.1. This Agreement and the certifications contained herein or attached hereto constitute
the whole Agreement of the parties, and each party certifies that this Agreement and any
attached certification have been executed by their duly authorized representatives.
35. NOTICE
35.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be addressed to either the Owner's Representative
or the Consultant's Representative, and mailed or hand -delivered to:
35.1.1. To the Owner's Representative:
City of Fayetteville Engineering Dept.
Attn: Ron Petrie, PE
113 W. Mountain
Fayetteville, Arkansas 72701
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Carter & Burgess, Inc.
Attn: Kip Guthrie, PE
One East Center Street, Suite B200
Fayetteville, Arkansas 72701
IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the
date set out above.
Carte Burgess, I . City
B BY:
James E. Arbuc le, Sr.
Managing Principal
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APPENDICES
APPENDIX A JUSTIFICATION OF FEES AND COSTS
APPENDIX B SUBCONTRACTS — WHM Transportation Engineering
Consultants, Inc.
APPENDIX C STANDARD CERTIFICATIONS
APPENDIX D PROJECT SCHEDULE
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APPENDIX B
SUBCONSULTANT AGREEMENT
JOB NO.
FEDERAL AID PROJECT ("FAP") NO.
1. SUBCONSULTANT AGREEMENT
1.1. The services to be performed under this Subconsultant Agreement will be performed
in connection with the Agreement for Engineering Services ("Prime Agreement")
between the Consultant and the City of Fayetteville, Arkansas ("Owner") for Job No.
, dated . Carter & Burgess, Inc. ("Consultant")
and WHM Transportation Engineering Consultants, Inc. ("Subconsultant") hereby
agree that the Subconsultant shall perform the professional and related services as
described herein. In consideration for the performance of the professional services the
Consultant agrees to compensate (and reimburse, if applicable) the Subconsultant in the
manner and at the rate(s) provided herein.
1.2. The definitions of the Prime Agreement, and its provisions relating to the obligations,
duties, and rights of subcontractors, or which are otherwise required to be inserted into
any subcontracting agreements, are deemed to be part of, and are hereby incorporated
by reference into, this Subconsultant Agreement and made binding upon the
Subconsultant.
2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED
WHM will serve in a support role to Carter & Burgess, Inc. for traffic simulations, traffic modeling
calibrations, traffic projections and over-all quality assurance.
3. COSTS. FEES. PAYMENTS AND RATE SCHEDULES
A detailed breakdown of the fees shown below is included in Appendix A.
Labor and Overhead - $26,350
Reimbursable expenses - $1,650
Total Contract Amount - $28,000
Salary Range
(Dollars/Hour)
Min. Max.
Project Manager 40.00 75.00
Engineer 15.00 45.00
Engineering Designer 15.00 35.00
Administrative Assistant 10.00 30.00
4. COMPENSATION SUBJECT TO LIMITATIONS OF FEDERAL AND STATE LAW
4.1. The Project (as defined in the Prime Agreement), part of which is to be performed
under this Subconsultant Agreement, is a federally -assisted project and federal funds
will be used, in part, to pay the Consultant and Subconsultant. Therefore,
notwithstanding any provision of this Subconsultant Agreement or the Prime Agreement,
all payments, costs, and expenditures are subject to the requirements and limitations of
30
48 C.F.R. Part 31, including those relating to determination of indirect cost rates, if
applicable. The Subconsultant shall certify the accuracy of all invoices, requests for
payment, and cost rates (if applicable), along with supporting documentation and any
supporting information or records provided prior to, during, or after the term of this
Subconsultant Agreement.
5. COMMISSION, AHTD, AND FHWA AS THIRD PARTY BENEFICIARIES
5.1. This Subconsultant Agreement is between and binding upon only the Consultant and
Subconsultant. The Commission, AHTD, and FHWA are not parties to this
Subconsultant Agreement, but are expressly made third -party beneficiaries of this
Subconsultant Agreement and shall be entitled to enforce any obligation of the
Subconsultant owed to the Consultant. No provision of this Subconsultant Agreement or
the Prime Agreement, nor the exercise of any right thereunder, shall be construed as
creating any obligation or any liability on the part of, or operating as a waiver of any
immunity of, the Commission, the AHTD, the FHWA, or any of their employees, officers,
or agents.
5.2. The Subconsultant's sole recourse, if any, for any injury arising under or related to
this Subconsultant Agreement, the performance of services hereunder, or compensation
or claims hereunder, shall be against the Consultant.
5.3. The Disputes and Claims provisions of the Prime Agreement shall not apply to this
Subconsultant Agreement.
6. COVENANT AGAINST CONTINGENCY FEES
6.1. The Subconsultant warrants that no person or agency has been employed or
retained to solicit or obtain this Subconsultant Agreement upon an agreement or
understanding for a contingent fee, except a bona fide employee or agency. For breach
or violation of this warranty, the AHTD and Consultant shall have the right to annul this
Subconsultant Agreement without liability or, in its discretion, to deduct from the
Contract Price or consideration, or otherwise recover, the full amount of the contingent
fee.
6.2. Bona fide agency, as used in this section, means an established commercial or
selling agency, maintained by the Subconsultant for the purpose of securing business,
that neither exerts nor proposes to exert improper influence to solicit or obtain
government contracts nor holds itself out as being able to obtain any government
contract or contracts through improper influence.
6.3. Bona fide employee, as used in this section, means a person, employed by the
Subconsultant and subject to the Subconsultant's supervision and control as to time,
place, and manner of performance, who neither exerts nor proposes to exert improper
influence to solicit or obtain government contracts nor holds out as being able to obtain
any government contract or contracts through improper influence.
6.4. Contingent fee, as used in this section, means any commission, percentage,
brokerage, or other fee that is contingent upon the success that a person or concern has
in securing a government contract.
6.5. Improper influence, as used in this section, means any influence that induces or
tends to induce a government employee or officer to give consideration or to act
regarding a government contract on any basis other than the merits of the matter.
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7. TITLE VI ASSURANCES (NONDISCRIMINATION)
During the performance of this Subconsultant Agreement, the Subconsultant, for itself,
successors, and assigns, certifies and agrees as follows:
7.1. Compliance with Regulations. The Subconsultant shall comply with all regulations
relative to nondiscrimination in federally -assisted programs of the United States
Department of Transportation, 49 C.F.R. Part 21 and 23 C.F.R. Part 172, and as they
may be amended from time to time ("Regulations"), which are hereby incorporated by
reference and made a part of this Subconsultant Agreement.
7.2. Nondiscrimination. The Subconsultant, during the term of this Subconsultant
Agreement, shall not discriminate on the basis of race, color, sex, or national origin in
the selection and retention of subcontractors, including procurement of material and
leases of equipment. The Subconsultant shall not participate either directly or indirectly
in any discrimination prohibited by the Regulations, including employment practices.
7.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In
all solicitations, either by competitive bidding or negotiation, made by the Subconsultant
for work to be performed under a subcontract, including procurement of materials and
leases of equipment, each potential subcontractor or supplier shall be notified by the
Subconsultant of the Subconsultant's obligations under this Subconsultant Agreement
and the Regulations.
7.4. Information and Reports. The Subconsultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, and accounts, other sources of information, and its facilities
by the AHTD or the FHWA for the purposes of investigation to ascertain compliance with
such regulations and directives. Where any information required of the Subconsultant is
in the exclusive possession of another who fails or refuses to furnish this information, the
Subconsultant shall so certify to the AHTD or the FHWA, as appropriate, and shall set
forth the efforts made by the Subconsultant to obtain the records or information.
7.5. Sanctions for Noncompliance. In the event of the Subconsultant's noncompliance
with the nondiscrimination provisions of this Subconsultant Agreement, the AHTD may
impose such contract sanctions as it or the FHWA may determine to be appropriate,
including but not limited to, withholding of payments to the Consultant or Subconsultant
until the Subconsultant complies with the provisions and cancellation, termination, or
suspension of this Subconsultant Agreement, in whole or in part.
7.6. Incorporation of Provisions. The Subconsultant shall include the terms and
conditions of this section in every subcontract or purchase order so that these terms and
conditions will be binding upon each subcontractor or vendor. The Subconsultant shall
take such action with respect to any subcontract or purchase order as the AHTD or
FHWA may direct as a means of enforcing these terms and conditions, including
sanctions for noncompliance; provided, that if the Subconsultant becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of any direction,
the Subconsultant may request the AHTD or the United States to enter into the litigation
to protect the interests of the State and the United States, respectively.
8. DBE CLAUSE
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8.1. The Subconsultant shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this Subconsultant Agreement. The Subconsultant shall
comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions
necessary to maintain compliance in the award and administration of DOT -assisted
contracts. Failure by the Subconsultant to comply with or perform these requirements is
a material breach of this Subconsultant Agreement, which may result in the cancellation,
termination, or suspension of this Subconsultant Agreement in whole or in part, or such
other remedy that the AHTD may determine appropriate.
8.2. Prompt Payment. The Subconsultant shall pay its subcontractors, if any, for
satisfactory performance of their subcontracts within 30 days of receipt of each payment
by the AHTD to the Subconsultant. Any retainage payments held by the Subconsultant
must be returned to the subcontractor within 30 days after the subcontractor's work is
completed. Failure to comply with this provision shall be considered a Default by the
Subconsultant. If the Subconsultant fails to comply with this provision, in addition to any
other rights or remedies provided under this Subconsultant Agreement, the AHTD, at its
sole option and discretion, may:
• make payments directly to the subcontractor and offset such payments,
along with any administrative costs incurred by the AHTD, against
reimbursements or payments otherwise due the Subconsultant;
• notify any sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the
Subconsultant until the Subconsultant ensures that the subcontractors
have been and will be promptly paid for work performed.
8.3. The Subconsultant shall insert a clause containing all the terms of this section in all
subcontracts under this Subconsultant Agreement.
9. CERTIFICATION REGARDING DEBARMENT SUSPENSION PROPOSED DEBARMENT
AND OTHER RESPONSIBILITY MATTERS
9.1. The Subconsultant certifies, to the best of its knowledge and belief, that-
9.1.1.The Subconsultant and any of its Principals ---
9.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any federal or state agency;
9.1.1.2. Have not, within a 3 -year period preceding this offer, been convicted of or
had a civil judgment rendered against them for: commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) contract or subcontract; violation
of federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
9.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a
governmental entity with, commission of any of the offenses enumerated in
subsection 9.1.1.2; and,
9.1.1.4. The Subconsultant has not within a 3 -year period preceding this offer, had
one or more contracts terminated for default by any federal or state agency.
33
9.2. Principals, for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within
a business entity (e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions). This certification concerns a matter within
the jurisdiction of an agency of the United States and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under section 1001,
title 18, United States Code, as well as any other applicable federal and state laws.
9.3. The Subconsultant shall provide immediate written notice to the AHTD if, at any time
prior to contract award, the Subconsultant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
9.4. The certification in subsection 9.1 is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Subconsultant
knowingly rendered an erroneous certification, the AHTD may terminate the contract
resulting from this solicitation for default in addition to any other remedies available to
the AHTD.
10. NOTICE
10.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be mailed or hand -delivered to:
10.1.1. To the Subconsultant:
WHM Transportation Engineering Consultants, Inc.
Attn: Heidi Westerfield Ross, P.E., PTOE
504 Lavaca, #1175
Austin, Texas 78701
10.1.2. To the Consultant:
Carter & Burgess, Inc.
Attn: Kip Guthrie, PE
One East Center Street, Suite B200
Fayetteville, Arkansas 72701
IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be
effective
(WHM Transportation Engineering
Carter & Burgess, Inc. Consultants, Inc.
BY:
BY:
James E Arbuckle, Sr.,P.E. Heidi Westerfield Ross, P,E., PTOE
Managing Principal
Title
34
APPENDIX C
C-1
State Job No. _
Federal Aid Project No.
CERTIFICATION OF CONSULTANT
I hereby certify that I, James E. Arbuckle Sr., am the managing principal and duly
authorized representative of the firm of Carter & Burgess, Inc. whose headquarters
address is 10816 Executive Center Drive, Suite 300, Little Rock, Arkansas 72211, and
that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, brokerage, contingent fee, or other
considerations, any firm or person (other than a bona fide employee working
solely for me) to solicit or secure this contract,
(b) agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with carrying
out the contract, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me) any fee contribution, donation or
consideration of any kind for, or in connection with, procuring or carrying out the
contract;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas State
Highway and Transportation Department and the Federal Highway Administration, U.S.
Department of Transportation, in connection with this contract involving participation of
Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both
criminal and civil.
Date n 0
JM
es E. Arbuckl , r., PE
aging Principal
35
APPENDIX C
C-2
State Job No. _
Federal Aid Project No.
CERTIFICATION OF CITY OF FAYETT.EVILLE, ARKANSAS
I hereby certify that I am the Mayor of the City of Fayetteville, Arkansas and that
the aforementioned consulting firm or its representative has not been required, directly or
indirectly as an express or implied condition in connection with obtaining or carrying out
this contract to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee
contributions donation, or consideration of any kind:
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas Highway and
Transportation Department and the Federal Highway Administration, U.S. Department of
Transportation, in connection with this contract involving participation of Federal -Aid
Highway Funds, and is subject to applicable State and Federal laws, both criminal and
civil.
City of Fayetteville,
36
APPENDIX C
C-3
State Job No.
Federal Aid Project No.
CERTIFICATION OF CONSULTANT
I hereby certify that 1. Heidi Westerfield Ross. P.E.. PTOE. am the Principal and duly
authorized representative of the firm of WHM Transportation Engineering Consultants.
Inc. whose headquarters address is 504 Lavaca, 91175, Austin, Texas 78701, and that
.neither .I nor the above firm 1 here represent has:
(a) employed or retained for a commission. brokerage. contingent fee, or other
considerations, any firm or person (other than a bona :tide employee working
solely for .me) to solicit or secure this contract,
(b) agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with carrying
out the contract. or
(c) paid or agreed to pay. to any firm, organization or person (other than a bona
fide employee working solely for me) any fee contribution, donation or
consideration of any kind for; or in connection with, procuring or carrying out the
contract,
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas State
Highway and Transportation Department and the Federal Highway Administration. U.S.
Department of Transportation, in connection with this contract involving participation of
Federal Aid Highway Funds. and is subject to applicable State and Federal laws, both
criminal and civil.
Date j__7 (/
Heidi Westerfield Ross. P.E.. PTOE
Principal
37
APPENDIX A
FEEDC LABOR AND EXPENSE PROJECTIONS
.. ,.T
,.2
tarter L Burgess
..- g ...
60
. _y0
M MM Censuhams
152
rojed I -0 , oa malion mast rrgs w,t)r Ira io epl, parks, o ,
Ozark Regiontl Transit, City of Springdale & Johnson, stake holders.
etc...
8
a
a
8
32
1.3.1
TraffiC Counts
__.... _
. -
a.r; ,:
a
-
- -
-
-
- -
AmaA- Great 110050 spings RrradlMaln -Street end 1.540 Johnson
0,5
1Z
15,5
Area B • S. Wilkerson Street at Main Street
0.5
12
12.5
Area C - at 0115q15. Wrlkerson Street
0.5
12
12.5
Area D - G AlFulratl end Shiloh
a.5
12
12,5
Area E - ShOoh at Ran
0.5
12
12.5
Area F • Shiloh at G
0.5
12
12.5
Area G. Futrell nlG
0.5
12
12.5
Area H - Fr:tralf el Ram
0.5
12
12.5
Area I - North Co . e a,d Mil
0.5
12
12.5
AreaS. Colt and .10300. Phenol
0.5
10
16.5
Area J•North Coll and Jo a•Phex II
0.5
16
18.5
Area K - North Cdt1 sod Mall Entrance
0$
16
16.5
Area X- North Cd and Man Entrance - Phase 1)
0.5
t0
18.5
Area A. - North Cotgo and Lan Road - Phase l
0.5
16
10.5
Area L. North College and Zion Road- Phase II
0.5
16
10.5
Area M - Greet House pllrnos RoarMatn Street ai North Call a
0$
16
18.5
Area N - Steele M
0,5
12
12.5
Area 0- Shloh et Steele
05
12
12,5
Rewrrfam areas of ooncenn
2
4
e
Compiled Ana ceCIt a ach volumes vrs actual counts
2
4
2
5
1.32
On-line and mall in Surveys.
2
1
1
20
24
1,3,3
itxtdirl5Ne000sh Conditloa3 -
20
c
10 'A1
�t6 60
}�
r ilea
r t x00 "
,. 4u "
�!�
^ a'•
�20�I
t 238
i�e�
I x20
�eya
I
off
0
"' v '
8
66x v
Phase 11= Conduct Network Arla L tee lmprovemama _
2.1
Project Trento Volumes
2
-4
4
5
1e
2.2
Perform Exlstlnp TmhioJNetwark Analysis (0050154 Modeling) d Lnve o
$00000 Ma,
4
20
00
40
124
2.3
A e at DefidenciaMeeds
2
20
40
20
82
2.4
Develo Cons ua11 merdssrlthln the AMemetlee Networks
6
40
60
60
6
120
120
454
2.5
Ana elEvatuete Ahemmcen tve Sarios
4
a
24
40
40
40
40
196
2.6
Emtronmemat Sueera
4
4
0
Phase i11 • Prapan Study Report, Supporting Graphics and CouncB
Prenord.11odIII-Pr
" 1 _
WIN
62
i
1S31
W SO 40
JOr8t
PfaP
`1=l
R464
y�1k9IJ
S5pF
F,�
sl335
x=00'
pO
*4811
,
.
N11fe Cor0p1t5Oran10a and Submh
2
00
40
40
4
40
0
100
314
QAIQC
a
a
a
a
100
132
Council P1aseMatian
4
2
4
a
10
Attend selected meelir�o and esnmirle the s0e
Calitxate the oynsroffic model of eel oftng conditions both AM and PM
CArQC the abr pmp050d h^Paoopnent symlraflic nrodeb deretnped 55
COB
24
4
4
20
to
.24
40
to
04
20
Convert end QIJQC City and State aprooved 5y011151flc model to desired
sonware
Attend CI Courrrd Prestnlelio,i
- --.- Tool Labor
... .. _....... Avon 2004 Hou Rate
'$140
$124"
130
'$130
496 ,
$130
r i95
$w
40
8
12
$34 S1a5
24
160
18 48
12
I 95
*,soon
tae esa
,s
sn are
72100
i9l 5re
*18 aco
' l9te "
*7 %0 74T5e'
*9 006
3] 0000
- < - 5170 10
Reimbursable yes -. .. - =
..
.. ...
.. ...
:.:
-.
.
Prl foam board mdu ra led sti ate...
$615.00.
I ahemattees
mount* for
m'
final
eu...
____________________
Ale tmvel vehicle m50 858, $rate etc..: - _
S3 .00.
shay! sub ommihee meets 9
council resoling,meet
with AMID Bans lraftrc counts e1C..:
Post for 1,000 mall•euls -. -• - ....- - _ :.
$300.00
ldfar malHn curve .:. - - :. .:
.-: ...,. .. . .:_ .. .. .Subdofal
li.assw
... .,
Total Pro ct Cosh
. - - .,- .. - -
-
$173000.00
Carter & Burgess, Inc. Carter & Burgess Consultants, Inc.
C&B Architects/Engineers, Inc. C&B Architects/Engineers, P.C. C&B Nevada, Inc.
Clarice Pearman - Carter & Burgess page 1
From:
Clarice Pearman
To:
Petrie, Ron
Date:
9.6.06 1:15PM
Subject:
Carter & Burgess
Ron,
The City Council passed your agenda item for Carter & Burgess. Upon review of the agreement,
Appendix B, page 34 does not have the signatures of Mr. Arbuckle and Ms. Ross. Please get the
signatures for this page and return to me for processing of this item.
Thanks.
Clarice
Clarice Buffalohead-Pearman
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
t Clarice Pearman -es 146-06 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 9.11.06 1:56PM
Subject: Res. 146-06
Ron,
As you may know the mayor will be out until Oct. 1, 2006. I am trying to tie p resolution, ordinances and
contracts that need to be signed. Your item passed by City Council September 5 with Carter & Burgess,
Inc has a page with missing signatures. All the other paperwork needing signature (except for the mayor's
signature) are there. I will go ahead and get the mayor's signature ifyou will get Carter & Burgess & WHM
Transportion Consultants Inc.'s signatures on page 34 of the subconsultant agreement and send it to me.
Thank you for the help.
Thanks.
Clarice
9,25.06 Clarice Pearman - Res. 146-06 Page 1
From:
Clarice Pearman
To:
Petrie, Ron
Date:
9.25.06 3:56 PM
Subject:
Res. 146-06
Attachments:
146-06 Carter & Burgess Inc.pdf
CC: Audit
Ron,
Attached is a copy of the above resolution passed by City Council, September 19, 2006 regarding Carter & Burgess. I will
forward to you via interoffice mail three of four agreements. I will also forward to Budget & Research the original budget
adjustment. If anything else is needed please let me know.
Thanks.
Clarice
(9.25.06 Clarice Pearman - Fwd: Res. 146-06 gjJI
1
From:
Clarice Pearman
To:
Fell, Barbara
Date:
9.25.06 3:59 PM
Subject:
Fwd: Res. 146-06
Attachments:
146-06 Carter & Burgess Inc.pdf
oops.
>>> Clarice Pearman 9.25.06 3:56 PM >>>
Ron,
Attached is a copy of the above resolution passed by City Council, September 19, 2006 regarding Carter & Burgess. I will forward
to you via interoffice mail three of four agreements. I will also forward to Budget & Research the original budget adjustment. If
anything else is needed please let me know.
Thanks.
Clarice
ouk
�CCltl�� CERTIFICATE OF LIABILITY INSURANCE
I06/25/300
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PRODUCER LIC #0437153 1-212-948-13O6
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Contract. ReviewCSS@marsh,com
777 S. Figueroa Street
CONtACt
NAME:
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ADDRESS:
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INSURER AFFORDING COVERAGE
NAIC9
Fax to: 1-212--948-1306
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INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL
SUER
POLICY NUMBER
POLICY WV
MMIDD
POLICY EXP
MMMD
LIMITS
A
GENERAL LIABILITY
EDO 625518810
07/01/1
07/01/11
EACH OCCURRENCE
$ 2,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES Ea oxurrenee
250 000
$ r
MEDEXP(nyoneperson)
$ 5,000
CLAIMS -MADE [] OCCUR
CONTRACTUAL LIABILITY
PERSONAL&ADVINJURY
$ 2,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGO
$ 2,000,000
POLICY flPRO LOC
$
A
AUTOMOBILE LIABILITY
ESA 1108590047
07/0171
07/01/11
COMBINED SINGLE LIMIT
$ 1, 000, 000
X
(Ea accident)
ANY AUTO
BODILY INJURY (Per person)
$
ALL OWNED AUTOS
BODILY INJURY (Per accident)
$
SCHEDULED AUTOS
PROPERTY DAMAGE
HIRED AUTO$
(Peraccident)
$
NON -OWNED AUTOS
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DEDUCTIBLE
$
$
RETENTION $
A
WORKERS COMPENSATION
WLR C46136500 (AOS)
07/01/1
07/01/11
X WC$TATU- OTH-
AND EMPLOYERS' LIABILITY YIN
E.L. EACH ACCIDENT
$ 1,000,000
A
ANYPROPRIETORIPARTNERIEXECUTIVE
WCU O46136548 (LA, OH, T
)+b7/D1/l
07/01/11
A
OFFICER/MEMBER EXCLUDED?
(MandatorylnNH}
NIA
SC5' C46236524 (ME, WI}
O7/01/1
07/01/11
E.L.DISEASE-EA EMPLOYE
$ 1,000,000
If yea describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1, 000, 000
A
'ROFESS1ONA1 LIABILITY
EOW2I6S5065 003
LA
"CLAIMS MADE"
AGGREGATE r
DEFENSE INCLUDED
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required)
OFFICE LOCATION: FORT WORTH, TX 76102. *$2,000,000 SIR FOR STATES OF: TX, LA, OH. Project: Fayetteville Expressway
Economic Corridor. *The terms, conditions, and limits provided under this certificate o€ insurance will not exceed or
broaden in any way the terms, conditions, and limits agreed to under the applicable contract.*
*THE TERMS, CONDITIONS, AND LIMITS PROVIDED UNDER THIS CERTIFICATE OF INSURANCE
WILL NOT EXCEED OR BROADEN IN ANY WAY THE TERMS, CONDITIONS, AND LIMITS AGREED TO UNDER THE APPLICABLE CONTRACT.*
VAI\ VGGLA i Ur\
City of Fayetteville SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
113 West Mountain
AUTHORIZED REPRESENTATIVE
Fayetteville, AR 72701 t, m
USA
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ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
16359364