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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