HomeMy WebLinkAbout80-06 RESOLUTIONRESOLUTION NO. 80-06
A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY
OF FAYETTEVILLE TO UTILIZE FEDERAL -AID HIGH
PRIORITY PROJECT FUNDS FOR THE U OF A
TECHNOLOGY CORRIDOR PROJECT
WHEREAS, the City of Fayetteville understands Federal -aid High Priority Project funds
are available for the U of A Technology Corridor project at the following federal participating
ratios:
City Street Projects Work Phase Federal Share City Match
Projects programmed Preliminary engineering 80% 20%
And let to contract Right -of -Way 80% 20%
Utilities 80% 20%
Construction 80% 20%
Construction Supervision 80% 20%
Projects programmed All Phases -0- 100%
but not let to contract
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City will participate in accordance with its designated
responsibilities, including maintenance of this project.
Section 2. That the Mayor, or his designee, is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the construction of this
city project.
Section 3. That the City pledges its full support and hereby authorizes the Arkansas
State Highway and Transportation Department to initiate action to implement this project. �,,E41�"n,,,
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: FAYETTEVILLE:
PASSED and APPROVED this 2nd day of May, 2006
APPROVED:
By:
`
film „„A
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
2 -May -06
City Council Meeting Date
Engineering
Division
Action Required:
g1 -v6
I4 LA ��iinolo y
)rrtdt 6
Operations
Department
Resolution expressing the willingness of the City of Fayetteville to utilize Federal -Aid High Priority Project Funds for
transportion improvements within the Technology Corridor comprised of Cato Springs Road
N/A
Cost of this request
N/A
• N/A
Project Number
Budgeted Item 1
N/A
Category/Project Budget
N/A
Funds Used to Date
NIA
Remaining Balance
Budget Adjustment Attached I-1
Program Category / Project Name
Program / Project Category Name
Fund Name
Depar meat Di ector
Date
9(A) "a;) i/CCs
City Attorney
P?44b-ef:- (..6,6inance d Internal Service Director Date
Ma or
Comments:
1//78,/
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
City Council Meeting of May 2, 2006
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operatioi7
From: Ron Petrie, City Engineer
Date: April 13, 2006
Subject: Resolution expressing the willingness of the City of Fayetteville to utilize
Federal -aid High Priority Project funds for transportation improvements within
the Technology Corridor
RECOMMENDATION
Staff recommends approval of a resolution expressing the willingness of the City of
Fayetteville to utilize federal aid monies for transportation improvements within the
Technology Corridor.
BACKGROUND
The Fayetteville Technology Corridor consists primarily of improvements to Cato
Springs Road between Razorback Road and School Avenue. The street improvements
include reconstruction, widening, adding curb & gutter, underground drainage, and
sidewalks.
In 2005, the U.S. Congress passed the SAFETEA-LU transportation bill that included a
$3,200,000 federal earmark for this portion of the Technology Corridor.
CURRENT STATUS
The federally earmarked funds will be administered through the Arkansas State Highway
& Transportation Department which requires that the City pass a resolution to express the
willingness to utilize the available funds.
1
City Council Meeting of May 2, 2006
BUDGET IMPACT
There is no cost associated with this request at this time. However, in the future, the city
will be obligated to provide a match in the amount of $680,876 in order to utilize the
federal funds. These matching funds are currently being planned to be paid with the
proposed Transportation Improvement Bond Issue. If this bond issue does not proceed or
is not successful in an election, an alternate source of funding will need to be identified.
2
RESOLUTION NO.
A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY OF
FAYETTEVILLE TO UTILIZE FEDERAL -AID HIGH PRIORITY PROJECT
FUNDS FOR THE U OF A TECHNOLOGY CORRIDOR PROJECT.
WHEREAS, the City of Fayetteville understands Federal -aid High Priority Project funds
are available for the U of A Technology Corridor project at the following federal participating
ratios:
City Street Projects Work Phase Federal Share City Match
Projects programmed Preliminary engineering 80% 20%
And let to contract Right -of -Way 80% 20%
Utilities 80% 20%
Construction 80% 20%
Construction Supervision 80% 20%
Projects programmed All Phases -0- 100%
but not let to contract
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City will participate in accordance with its designated responsibilities,
including maintenance of this project.
Section 2. That the Mayor, or his designee, is hereby authorized and directed, -to- execute
all appropriate agreements and contracts necessary to expedite the constructidn of this city
project. r
Section 3. That the City pledges its full support and hereby authorizes the Arkansas State
Highway and Transportation Department to initiate action to implen enl this ject.
PASSED and APPROVED this 2nd day of May,. 2006.
P ROVED:
A
By:
SONDRA S
I'I H, Ci rk
DAN COODY, Mayor
U of A Technology Corridor Project - Fayetteville
SAFETEA-LU High Priority Project (HPP) Funding Summary
Language in Act:
Construct and rehabilitate University of Arkansas Technology Corridor Enhancement Project
Total Funds in Act:
$ 3,200,000 ($1,200,000 HPP #1298 + $2,000,000 HPP #3758)
Require. . c
20To of To al
PaEacI 'e r
2005
2006
2007
2008
2009
$ 640,000
640,000
640,000
640,000
640,000
2' a%Lace
$ 547,502 (1)
544,000 (2)
544,000. (2)
544,000 (2)
544,000 (2)
$ 136,876 $
136,000
136,000
136,000
136,000
684,378
680,000
680,000
680,000
680,000
urhulative
iota
$ 684,378
1,364,378
2,044,378
2,724,378
3,404,378
Total
$ 3,200,000 $ 2,723,502
680,876 $ 3,404,378
(') Based on the 2005 Federal Highway Administration Notice of Obligation Limitation Available for HPP Projects.
(2) 85% Obligation Limitation - FHWA is using 85% for planning purposes.
P&C:Admin:eah:07Mar06
Clarice Pearman - Res. 80-06
Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 5.8.06 11:21AM
Subject: Res. 80-06
Ron,
Attached is copy of the resolution passed by the City Council, May 2, 2006 regarding the U of A
Technology Corridor Project.
Thanks.
Clarice
CC: Audit
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Forrn
City Council Agenda Items
or
Contracts
N/A
City Council Meeting Date
Engineering
Division
Action Required:
Operations
Department
Execution of an Agreement of Understanding with the Arkansas Highway and Transportation Department for
Improvements to Cato Springs Road
Cost of this request
Account Number
06035.1200
Project Number
Budgeted Item
Category / Project Budget
Program Category 1 Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached
Department ' rec
2.44ic)
Date
4 ck
Finance andlnternal Service Director
7 Z -o?
Date
Mayor
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
4 -
Item Requiring Mayor's Approval
To: Mayor Dan Coody
Thru: Gary Dumas, Director of Operations
Ron Petrie, City Engineer
From: Chris Brown
Date: June 27, 2007
Subject: Execution of an Agreement of Understanding with the Arkansas Highway
and Transportation Department for Improvements to Cato Springs Road
RECOMMENDATION
Staff recommends execution by the Mayor and City Attorney of the attached Agreement
of Understanding with the Arkansas Highway and Transportation Department (AHTD)
for improvements to Cato Springs Road.
BACKGROUND
Cato Springs Road is included in the proposed Transportation Improvement Bond
Program. Federal funding for the project was received for this project after a joint
funding request by the City and the University of Arkansas. The amount of federal
funding is anticipated to be approximately S2.72 million.
Resolution No. 80-06 (included with the Agreement as Attachment B) authorizes the
Mayor to sign this Agreement.
DISCUSSION
The Agreement establishes the funding percentages for the various project elements, and
also sets forth the obligations of the City and AHTD. The Agreement must be executed
before any reimbursements for project costs are made to the City by AHTD.
BUDGET IMPACT
This agreement does not impact the project budget.
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO
Construct and rehabilitate Cato Springs Road from Hwy. 112 to Hwy. 71B in Fayetteville,
(hereinafter called the "project") as a Federal -aid high priority project.
WHEREAS, funding in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) includes Federal -aid funds to be matched with non-federal
funds for certain high priority projects; and
WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire
to use Federal -aid funds designated for an eligible project and to provide necessary matching for
such funds; and
WHEREAS, funding participation will be as follows, subject to the amount of Federal -aid funds
and obligation limitation approved and available for the project:
Maximum Minimum
Federal % Sponsor %
Right-of-Way/Utilities: 80 20
Construction: 80 20
Department Administrative Costs: 80 20 ; and
WHEREAS, the Sponsor understands that all costs for the project in excess of the sum of the
SAFETEA-LU funds and local match (and any additional Federal -aid funds that may be
earmarked for this project in the future with required match) will be the responsibility of the
Sponsor; and
WHEREAS, the Sponsor knows of no legal impediments to the completion of the project; and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions or any part of the agreement to make the public or any member
thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions
of this agreement; and
WHEREAS, the Sponsor and the Arkansas State Highway and Transportation Department
(hereinafter called the "Department") will adhere to the General Requirements for Recipients and
Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Attachment A) and
that, as part of these requirements, the Department may set goals for DBE participation in the
project, ranging from 0% to 100%, that are practical and related to the potential availability of
DBEs in desired areas of expertise.
IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal
Highway Administration (FHWA), will participate in a cooperative program for implementation
and will accept the responsibilities and assigned duties as described hereinafter.
THE SPONSOR WILL:
1. Transmit to the Department a signed and sealed Resolution from the City Council
(Attachment B) authorizing the Mayor to execute agreements and contracts with the
Department for this project.
2. Initially submit to the Department $1,000 to be matched by $4,000 (80%) Federal -aid high
priority project funds for Department costs associated with preliminary engineering, which
include but are not limited to, on site meetings, environmental review, and plan and
specification review. The Sponsor's final share of costs for this phase will be determined by
actual Department charges to preliminary engineering.
3. Prepare the necessary environmental documentation as required by FHWA;
4. Understand that expenditures for preliminary or construction engineering performed by
the Sponsor's forces or the Sponsor's consultants are not eligible for reimbursement
with federal funds.
5. Conduct the necessary public involvement meetings and public hearings.
6. Ensure that the plans and specifications are developed using the Department's standard
drawings and Standard Specifications for Highway Construction (latest edition). A registered
professional engineer must sign the plans and specifications for the project.
7. Ensure that the plans and specifications comply with the Americans with Disabilities Act
(ADA), the American Association of State Highway and Transportation Officials (AASHTO)
design standards, and all other applicable state and federal regulations, including airport
clearance when necessary, for the type of work involved (See Attachment C for items to be
included in the bid proposal).
8. Submit a letter to the Right of Way Division of the Department that (1) stipulates the services
relative to right-of-way acquisition, appraisal, relocation, and utilities that the Sponsor will
assume or (2) requests that the Department handle some or all of these services. Acquisition
-2-
of property must be accomplished in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the
"Uniform Act"). NOTE: Failure to notify the Department prior to initiating this phase
of work may result in any expenditures being declared non -participating in federal
funds.
9. Ensure the preparation of utility adjustments and right-of-way plans are in accordance with
Arkansas State Highway Commission Policy.
10. Provide a copy of the registered deed or an appropriate certification stating the Sponsor's
clear and unencumbered title to any right-of-way to be used for the project (Attachment D).
11. Notify the Department at the time the plans are at the 50% completion stage in order to allow
the Department to review the progress.
12. Submit a certification letter (Attachment E), including all items noted, to the Department
when requesting authority to advertise the project for construction bids.
13. Advertise for bids in accordance with federal procedures as shown in Attachment F. NOTE:
FHWA authorization and Department approval must be given prior to advertising for
construction bids.
14. Forward a copy of all addenda issued for the project during the advertisement to the
Department.
15. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in
Award of the Contract (Attachment G), including all items noted, to the Department.
1 d. Prior to awarding the contract for construction, submit to the Department $5,000 (20%) to be
matched by $20,000 (80%) high priority project funds for Department administrative costs on
the project during construction. The Sponsor's final share of cost for this phase will be
determined by actual Department charges for construction engineering.
17. Have a full-time employee of the Sponsor in responsible charge during construction of the
project.
18. Make payments to the contractor for work accomplished in accordance with the plans and
specifications and then request reimbursement from the Department on the Construction
Certification and Reimbursement Request form (Attachment H).
19. Prior to execution, submit contract change orders to the Department's Resident Engineer in
charge of reimbursements for review and approval.
20. Maintain and provide to the Department a current list of all subcontractors for the project that
shows names, addresses, and a general description of work each is to perform.
21. Maintain accounting records to adequately support reimbursement with Federal -aid funds and
be responsible for the inspection, measurement and documentation of pay items, and
-3-
certification of all work in accordance with the plans and specifications for the project and for
monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
22. Upon completion of the project, submit the final Construction Certification and
Reimbursement Request to certify that the project was accomplished in accordance with the
plans and specifications (Attachment H).
23. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof.
24. Ensure that all work, material testing and acceptance, and inspection is conducted in
accordance with the Department's Standard Specifications for Highway Construction (latest
edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual
and with the plans, specifications, and all other applicable FHWA and Department
procedures for this project.
25. Be responsible for 100% of all preliminary engineering, right-of-way/utilities, and other costs
incurred should the Sponsor not enter into the construction phase of the project.
26. Be responsible for all costs not provided by the Federal Highway Administration.
27. Be responsible for 100% of any and all expenditures that may be declared non -participating
in federal funds, including any such award by the State Claims Commission.
28. Be responsible for the necessary enforcement of operations as required by improvements on
the Arkansas State Highway System and local streets.
29. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its
officers and employees from any and all claims, Iawsuits, judgments, damages, costs,
expenses, and losses, including those arising from claims before the Arkansas Claims
Commission or lawsuits brought in any other legal forum, sustained on account of the
operations or actions of the Sponsor, including any act of omission, neglect or misconduct of
said Sponsor. Further, the Sponsor shall take no action to compromise the immunity from
civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code
19-10-305, or the l lth Amendment of the United State Constitution. This obligation of
indemnification shall survive the termination or expiration of this Agreement.
30. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment 1).
-4-
31. Grant the right of access to the Sponsor's records pertinent to this project and the right to
audit by the Department and Federal Highway Administration officials.
32. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
33. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment J), which is necessary for project participation.
34. Repay to the Department the federal share of the cost of any portion of this project if, for any
reason, federal participation is removed due to actions or inactions of the Sponsor, its agents,
its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such
actions or inactions shall include, but are not limited to, federal non -participation arising
from problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures. The Sponsor understands and agrees that the
Department may cause necessary funds to be withheld from the Sponsor's gasoline tax
allotment should the Sponsor fail to pay to the Department any required funds, fail to
complete the project as specified, or fail to adequately maintain or operate the project.
35. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations and ordinances as necessary to ensure this. Failure to adequately
maintain and operate the project in accordance with Federal -aid requirements may result in
the Sponsor's repayment of federal funds and may result in withholding all future Federal -
aid.
36. Retain total, direct control over the project throughout the life of the improvements and not,
without prior approval from the Department:
• sell, transfer, or otherwise abandon any portion of the project;
• change the intended use of the project;
• make significant alterations to any improvements constructed with Federal -aid funds; or
• cease maintenance or operation of a project due to the project's obsolescence.
37. Promptly notify the Department if the project is rendered unfit for continued use by natural
disaster or other cause.
-5-
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and will maintain an administrative file
for the project.
2. Review environmental documentation submitted by the Sponsor.
3. Review plans and specifications submitted by the Sponsor.
4. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation and utility adjustments in accordance with the Uniform Act.
5. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the
appropriate documentation to the file.
6. Ensure substantial compliance with Federal contracting requirements through review of the
bidding proposal to ensure inclusion of required Federal forms, review of the administration
of the DBE program provisions, and general compliance with 23 CFR 635.
7. Advise the Sponsor when to proceed with advertisement of the project for construction bids.
8. Review and concur in award of the construction contract for the project.
9. Review and approve any necessary change orders for project/program eligibility.
10. Ensure that the Sponsor provide adequate supervision and inspection of the project by
performing periodic inspections with the Sponsor representatives to verify that the work
being performed by the Sponsor's contractor, and documented and certified by the Sponsor,
meets the requirements of the project plans, specifications, and all applicable FHWA and
Department procedures.
11. Perform inspections as needed to ensure compliance with the appropriate documents,
procedures, and regulations and participate in the final inspection of the project.
12. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in
the Construction Certification and Reimbursement Request form (Attachment H). This
reimbursement will be limited to the maximum Federal -aid amount and to the federal amount
available at the time payment is requested. If the payment requested exceeds the Federal -aid
available at the time, the difference will be reimbursed as additional Federal -aid for this
project becomes available.
13. Subject to the availability of Federal -aid allocated for the project, pay the Sponsor the amount
due upon completion of the project and submittal of the final Construction Certification and
Reimbursement Request form (Attachment H).
14. Be reimbursed for costs involved in performing all the services listed above.
-6-
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future
Federal -aid highway funds.
IT IS FURTHER AGREED, that should the Sponsor fail to pay to the Department any required
funds due for project implementation or fail to complete the project as specified in this
Agreement, the Department may cause such funds as may be required to be withheld from the
Sponsor's gasoline tax allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this day of
, 2007.
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT CITY OF FAYETTEVILLE
Dan Flowers
Director of Highways and Transportation
-7-
DOI
W6( 04, IBJ a t;aw+.S
City Attorney
Dan Coody_
May
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. This program shall be treated as a legal obligation and failure to
carry out its terms shall be treated as a violation of this financial assistance agreement.
Upon notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which
sanctions may include termination of the Agreement or other measures that may affect the
ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute a breach of contract and after the notification of the Department,
may result in termination of the agreement or contract by the recipient or such remedy as
the recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
sub -recipient", and the term "contractor" modified to include "subcontractor".)
Attachment B
RESOLUTION NO. 80-06
A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY
OF FAYETTEVILLE TO UTILIZE FEDERAL -AID HIGH
PRIORITY PROJECT FUNDS FOR THE U OF A
TECHNOLOGY CORRIDOR PROJECT
WHEREAS, the City of Fayetteville understands Federal -aid High Priority Project funds
are available for the U of A Technology Corridor project at the following federal participating
ratios:
City Street Projects Work Phase Federal Share City Match
Projects programmed Preliminary engineering 80% 20%
And let to contract Right -of -Way 80% 20%
Utilities 80% 20%
Construction 80% 20%
Construction Supervision 80% 20%
Projects programmed All Phases -0- 100%
but not let to contract
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City will participate in accordance with its designated
responsibilities, including maintenance of this project.
Section 2. That the Mayor, or his designee, is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the construction of this
city project.
Section 3. That the City pledges its full support and hereby authorizes the Arkansas
State Highway and Transportation Department to initiate action to implement this project.
•�.•G��Y pp am!
•
•
FAYETTEVILLE
, 'Gr0171$
PASSED and APPROVED this 2nd day of May, 2006
APPROVED:
By:
r%/ice,
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City CIerk
Attachment C
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID PROJECTS
1) FHWA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
• Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
• Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as part of the bidding -documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided
by the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment D
CERTIFICATION LETTER for RIGHT-OF-WAY OWNERSHIP
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job#
Job Name
County
Dear Mr. Vozel:
Regarding right-of-way for the referenced Federal -aid project, I certify that
(Choose one of the following)
(1) title to right-of-way necessary for construction of the project is already in public
ownership. No additional right-of-way is needed.
(2) title to a portion of the right-of-way necessary for construction of the project is already in
public ownership. The additional right-of-way necessary for this project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid
# Donations # Condemnations
(3) title to right-of-way necessary for construction of the project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid
# Donations # Condemnations
Additionally, I certify that arrangement for adjustment of existing conflicting utilities has been
accomplished. Enclosed are preliminary plans showing the existing right-of-way limits. (for No.
2 and 3 above, add the following) and the boundary of additional right-of-way needed for
construction of this project.
Sincerely,
NAME & OFFICE
(Sponsor 's CEO)
Enclosure(s)
Attachment E
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O, Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
County
Dear Mr. Vozel:
The following documents are submitted concerning the referenced project:
1. One set of plans and specifications.
2. A copy of the preliminary estimate of cost.
3. An unexecuted copy of the bid proposal form.
I certify that the plans, specifications and estimate were prepared by or. under the direct
supervision of a Professional Engineer/Architect licensed to practice in the State of Arkansas and
that the plans and specifications were developed using the Arkansas State Highway and
Transportation Department's Standard Specifications for Highway Construction (latest edition)
and standard drawings, and comply with the Americans with Disabilities Act (ADA), the
American Association of State Highway and Transportation Officials (AASHTO) design
standards, and all other applicable state and federal regulations, including airport clearance when
necessary, for the type of work involved.
I understand that if any project items are declared non -participating in federal funds due to failure
to comply with any State or federal requirements, the City will promptly repay such funds to the
Arkansas State Highway and Transportation Department (AHTD). Further, I hereby authorize
the Director of the Arkansas State Department of Finance and Administration to transfer such
funds from the City's State Turnback Funds to the AHTD's RRA Fund upon notification by the
Director of Highways and Transportation that such funds are due AHTD and have not been paid
by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Enclosures
Attachment F
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas State Highway and
Transportation Department, the project may be advertised for bids. The following
minimum guidelines for advertising must be met:
• The minimum advertising period is three weeks.
• In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper.
• The notice must contain: (1) the time, date, and place that sealed bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The Sponsor will include the following language in the solicitation for bids:
"The Sponsor hereby notifies ail bidders that this contract is subject to applicable
labor laws, non-discrimination provisions, wage rate laws and other federal laws
including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962
and Title VI of the Civil Rights Act of 1964 also apply."
• All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read (the sponsor may choose to read the
bids item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not reading the
bid aloud shall be publicly announced at the letting.
• Negotiation with contractors during the period following the opening of bids and before
the award of the contract shall not be permitted.
Attachment G
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
County
Dear Mr. Vozel:
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. A check in the amount of $5,000 for the AHTD administration costs.
3. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City Attorney. Additionally, I
certify that the bid is being awarded to the lowest responsive and qualified bidder and that there
has not been, nor will there be, any negotiations with the contractor or other bidders regarding the
amount bid.
Your concurrence in the award of this contract to CONTRACTOR is requested.
Enclosures
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Attachment I
49 CFR 18.42
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
Post -Award Requirements
Retention and access requirements for records.
(a) Applicability. (1) This section applies to all
financial and programmatic records, supporting
documents, statistical records, and other records of
grantees or subgrantees which are:
(i) .Required to be maintained by the terms of this
part, program regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to
program regulations or the grant agreement.
(2) This section does not apply to records maintained
by contractors or subcontractors. For a requirement to
place a provision concerning records in certain kinds of
contracts, see Sec. 18.36 (i)(I 0).
(b) Length of retention period. (1) Except as
otherwise provided, records must be retained for three
years from the starting date specified in paragraph (c) of
this section.
(2) If any litigation, claim, negotiation, audit or other
action involving the records has been started before the
expiration of the 3 -year period, the records must be
retained until completion of the action and resolution of
all issues which arise from it, or until the end of the
regular 3 -year period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding
agencies may make special arrangements with grantees
and subgrantees to retain any records which are
continuously needed for joint use. The awarding agency
will request transfer of records to its custody when it
determines that the records possess long-term retention
value. When the records are transferred to or maintained
by the Federal agency, the 3 -year retention requirement
is not applicable to the grantee or subgrantee.
(c) Starting date of retention period --(1) General.
When grant support is continued or renewed at annual
or other intervals, the retention period for the records of
each funding period starts on the day the grantee or
subgrantce submits to the awarding agency its single or
last expenditure report for that period. However, if grant
support is continued or renewed quarterly, the retention
period for each year's records starts on the day the
grantee submits its expenditure report for the last
quarter of the Federal fiscal year. In all other cases, the
retention period starts on the day the grantee submits its
final expenditure report. If an expenditure report has
been waived, the retention period starts on the day the
report would have been due.
(2) Real property and equipment records. The
retention period for real property and equipment records
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrant support. In some cases grantees must report
income after the period of grant support. Where there is
such a requirement, the retention period for the records
pertaining to the earning of the income starts from the
end of the grantee's fiscal year in which the income is
earned.
(4) Indirect cost rate proposals, cost allocations
plans. etc. This paragraph applies to the following types
of documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans,
and any similar accounting computations of the rate at
which a particular group of costs is chargeable (such as
computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan,
or other computation is required to be submitted to the
Federal Government (or to the grantee) to form the basis
for negotiation of the rate, then the 3 -year retention
period for its supporting records starts from the date of
such submission.
(ii) If not submitted for negotiation. If the proposal,
plan, or other computation is not required to be
submitted to the Federal Government (or to the grantee)
for negotiation purposes, then the 3 -year retention
period for the proposal plan, or computation and its
supporting records starts from the end of the fiscal year
(or other accounting period) covered by the proposal,
plan, or other computation.
(d) Substitution of microfilm. Copies made by
microfilming, photocopying, or similar methods may be
substituted for the original records.
(e) Access to records --(1) Records of grantees and
subgrantees. The awarding agency and the Comptroller
General of the United States, or any of their authorized
representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of
grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts,
and transcripts.
(2) Expiration of right of access. The right of access
in this section must not be limited to the required
retention period but shall last as long as the records are
retained.
(f) Restrictions on public access. The Federal
Freedom of Information Act (5 U.S.G. 552) does not
apply to records unless required by Federal, State, or
local law, grantees and subgrantees are not required to
permit public access to their records.
[Revised as of October 1, 1997]
Attachment J
CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best o:f his knowledge and belief that:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose. accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
CITY OF
F
Dan Coody
Mayor
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan Flowers P.O. Box 2261
Director Little Rock, Arkansas 72203-2261
Phone (501) 569-2000 Fax (501) 569-2400 4�O WWW.ARKANSASHIGHWAYS.COM
July 26, 2007 RECEIVED
The Honorable Dan Coody JUL 3 0 2001
Mayor of Fayetteville CITY" OF FAYETTEVILLE
MAYOR'S OFFICE
1.13 West Mountain
Fayetteville, AR 72701
Re: Job 040496
F.A.P. HPP2-1298(1) & HPP2-3758(1)
Hwy. 112 -Hwy. 71B (Cato Springs Rd.)
(Fayetteville) (S)
Washington County
Dear Mayor Coody:
Enclosed is the City's copy of the executed Agreement of Understanding for the referenced
Federal -aid project. In order for our staff to review environmental documentation, plans and
specifications and cover other administrative costs on the project, please forward a check in the
amount of $1,000.00 (made payable to the Arkansas State Highway and Transportation
Department) to this office.
If you have any questions, please contact Steve Morgan or Trey Foster in our Programs and
Contracts Division at (501) 569-2261.
Sincerely,
Frank Vozel
Deputy Director and
Chief Engineer
Enclosure
c: Assistant Chief Engineer - Planning
Assistant Chief Engineer - Design
Programs and Contracts
Fiscal Services (2)
Planning and Research
District 4 Engineer
Job 040496 'C' File w/enclosure
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO
Construct and rehabilitate Cato Springs Road from Hwy. 112 to Hwy. 71B in Fayetteville,
(hereinafter called the "project") as a Federal -aid high priority project.
WHEREAS, funding in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) includes Federal -aid funds to be matched with non-federal
funds for certain high priority projects; and
WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire
to use Federal -aid funds designated for an eligible project and to provide necessary matching for
such funds; and
WHEREAS, funding participation will be as follows, subject to the amount of Federal -aid funds
and obligation limitation approved and available for the project:
Right-of-Way/Utilities:
Construction:
Department Administrative Costs:
Maximum Minimum
Federal % Sponsor
80 20
80 20
80 20 ;and
WHEREAS, the Sponsor understands that all costs for the project in excess of the sum of the
SAFETEA-LU funds and local match (and any additional Federal -aid funds that may be
earmarked for this project in the future with required match) will be the responsibility of the
Sponsor; and
WHEREAS, the Sponsor knows of no legal impediments to the completion of the project; and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions or any part of the agreement to make the public or any member
thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions
of this agreement; and
WHEREAS, the Sponsor and the Arkansas State Highway and Transportation Department
(hereinafter called the "Department") will adhere to the General Requirements for Recipients and
Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Attachment A) and
that, as part of these requirements, the Department may set goals for DBE participation in the
project, ranging from 0% to 100%, that are practical and related to the potential availability of
DBEs in desired areas of expertise.
IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal
Highway Administration (FHWA), will participate in a cooperative program for implementation
and will accept the responsibilities and assigned duties as described hereinafter.
THE SPONSOR WILL:
1. Transmit to the Department a signed and sealed Resolution from the City Council
(Attachment B) authorizing the Mayor to execute agreements and contracts with the
Department for this project.
k2. Initially submit to the Department $1,000 to be matched by $4,000 (80%) Federal -aid high
priority project funds for Department costs associated with preliminary engineering, which
include but are not limited to, on site meetings, environmental review, and plan and
specification review. The Sponsor's final share of costs for this phase will be determined by
actual Department charges to preliminary engineering.
3. Prepare the necessary environmental documentation as required by FHWA;
4. Understand that expenditures for preliminary or construction engineering performed by
the Sponsor's forces or the Sponsor's consultants are not eligible for reimbursement
with federal funds.
5. Conduct the necessary public involvement meetings and public hearings.
6. Ensure that the plans and specifications are developed using the Department's standard
drawings and Standard Specifications for Highway Construction (latest edition). A registered
professional engineer must sign the plans and specifications for the project.
7. Ensure that the plans and specifications comply with the Americans with Disabilities Act
(ADA), the American Association of State Highway and Transportation Officials (AASHTO)
design standards, and all other applicable state and federal regulations, including airport
clearance when necessary, for the type of work involved (See Attachment C for items to be
included in the bid proposal).
8. Submit a letter to the Right of Way Division of the Department that (1) stipulates the services
relative to right-of-way acquisition, appraisal, relocation, and utilities that the Sponsor will
assume or (2) requests that the Department handle some or all of these services. Acquisition
-2-
of property must be accomplished in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the
"Uniform Act"). NOTE: Failure to notify the Department prior to initiating this phase
of work may result in any expenditures being declared non -participating in federal
funds.
9. Ensure the preparation of utility adjustments and right-of-way plans are in accordance with
Arkansas State Highway Commission Policy.
10. Provide a copy of the registered deed or an appropriate certification stating the Sponsor's
clear and unencumbered title to any right-of-way to be used for the project (Attachment D).
11. Notify the Department at the time the plans are at the 50% completion stage in order to allow
the Department to review the progress.
12. Submit a certification letter (Attachment E), including all items noted, to the Department
when requesting authority to advertise the project for construction bids.
13. Advertise for bids in accordance with federal procedures as shown in Attachment F. NOTE:
FHWA authorization and Department approval must be given prior to advertising for
construction bids.
14. Forward a copy of all addenda issued for the project during the advertisement to the
Department.
15. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in
Award of the Contract (Attachment G), including all items noted, to the Department.
16. Prior to awarding the contract for construction, submit to the Department $5,000 (20%) to be
matched by $20,000 (80%) high priority project funds for Department administrative costs on
the project during construction. The Sponsor's final share of cost for this phase will be
determined by actual Department charges for construction engineering.
17. Have a full-time employee of the Sponsor in responsible charge during construction of the
project.
18. Make payments to the contractor for work accomplished in accordance with the plans and
specifications and then request reimbursement from the Department on the Construction
Certification and Reimbursement Request form (Attachment H).
19. Prior to execution, submit contract change orders to the Department's Resident Engineer in
charge of reimbursements for review and approval.
20. Maintain and provide to the Department a current list of all subcontractors for the project that
shows names, addresses, and a general description of work each is to perform.
21. Maintain accounting records to adequately support reimbursement with Federal -aid funds and
be responsible for the inspection, measurement and documentation of pay items, and
-3-
certification of all work in accordance with the plans and specifications for the project and for
monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
22. Upon completion of the project, submit the final Construction Certification and
Reimbursement Request to certify that the project was accomplished in accordance with the
plans and specifications (Attachment H).
23. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof.
24. Ensure that all work, material testing and acceptance, and inspection is conducted in
accordance with the Department's Standard Specifications for Highway Construction (latest
edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual
and with the plans, specifications, and all other applicable FHWA and Department
procedures for this project.
25. Be responsible for 100% of all preliminary engineering, right-of-way/utilities, and other costs
incurred should the Sponsor not enter into the construction phase of the project.
26. Be responsible for all costs not provided by the Federal Highway Administration.
27. Be responsible for 100% of any and all expenditures that may be declared non -participating
in federal funds, including any such award by the State Claims Commission.
28. Be responsible for the necessary enforcement of operations as required by improvements on
the Arkansas State Highway System and local streets.
29. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its
officers and employees from any and all claims, lawsuits, judgments, damages, costs,
expenses, and losses, including those arising from claims before the Arkansas Claims
Commission or lawsuits brought in any other legal forum, sustained on account of the
operations or actions of the Sponsor, including any act of omission, neglect or misconduct of
said Sponsor. Further, the Sponsor shall take no action to compromise the immunity from
civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code
19-10-305, or the 11th Amendment of the United State Constitution. This obligation of
indemnification shall survive the termination or expiration of this Agreement.
30. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment I).
-4-
Grant the right of access to the Sponsor's records pertinent to this project and the right to
audit by the Department and Federal Highway Administration officials.
Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment J), which is necessary for project participation.
34. Repay to the Department the federal share of the cost of any portion of this project if, for any
reason, federal participation is removed due to actions or inactions of the Sponsor, its agents,
its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such
actions or inactions shall include, but are not limited to, federal non -participation arising
from problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures. The Sponsor understands and agrees that the
Department may cause necessary funds to be withheld from the Sponsor's gasoline tax
allotment should the Sponsor fail to pay to the Department any required funds, fail to
complete the project as specified, or fail to adequately maintain or operate the project.
35. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations and ordinances as necessary to ensure this. Failure to adequately
maintain and operate the project in accordance with Federal -aid requirements may result in
the Sponsor's repayment of federal funds and may result in withholding all future Federal -
aid.
36. Retain total, direct control over the project throughout the life of the improvements and not,
without prior approval from the Department:
sell, transfer, or otherwise abandon any portion of the project;
change the intended use of the project;
make significant alterations to any improvements constructed with Federal -aid funds; or
cease maintenance or operation of a project due to the project's obsolescence.
37. Promptly notify the Department if the project is rendered unfit for continued use by natural
disaster or other cause.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and will maintain an administrative file
for the project.
2. Review environmental documentation submitted by the Sponsor.
3. Review plans and specifications submitted by the Sponsor.
4. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation and utility adjustments in accordance with the Uniform Act.
S. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the
appropriate documentation to the file.
6. Ensure substantial compliance with Federal contracting requirements through review of the
bidding proposal to ensure inclusion of required Federal forms, review of the administration
of the DBE program provisions, and general compliance with 23 CFR 635.
7. Advise the Sponsor when to proceed with advertisement of the project for construction bids.
8. Review and concur in award of the construction contract for the project.
9. Review and approve any necessary change orders for project/program eligibility.
10. Ensure that the Sponsor provide adequate supervision and inspection of the project by
performing periodic inspections with the Sponsor representatives to verify that the work
being performed by the Sponsor's contractor, and documented and certified by the Sponsor,
meets the requirements of the project plans, specifications, and all applicable FHWA and
Department procedures.
11. Perform inspections as needed to ensure compliance with the appropriate documents,
procedures, and regulations and participate in the final inspection of the project.
12. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in
the Construction Certification and Reimbursement Request form (Attachment H). This
reimbursement will be limited to the maximum Federal -aid amount and to the federal amount
available at the time payment is requested. If the payment requested exceeds the Federal -aid
available at the time, the difference will be reimbursed as additional Federal -aid for this
project becomes available.
13. Subject to the availability of Federal -aid allocated for the project, pay the Sponsor the amount
due upon completion of the project and submittal of the final Construction Certification and
Reimbursement Request form (Attachment H).
14. Be reimbursed for costs involved in performing all the services listed above.
Sf
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future
Federal -aid highway funds.
IT IS FURTHER AGREED, that should the Sponsor fail to pay to the Department any required
funds due for project implementation or fail to complete the project as specified in this
Agreement, the Department may cause such funds as may be required to be withheld from the
Sponsor's gasoline tax allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this _____ day of
Y : , 2007.
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT CITY OF FAYETTEVILLE
rI't
City Attorney
Dan 1jwers
Director of Highv�s and Transportatio
J
24
-7-
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. This program shall be treated as a legal obligation and failure to
carry out its terms shall be treated as a violation of this financial assistance agreement.
Upon notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which
sanctions may include termination of the Agreement or other measures that may affect the
ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute a breach of contract and after the notification of the Department,
may result in termination of the agreement or contract by the recipient or such remedy as
the recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Attachment B
RESOLUTION NO. 80-06
A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY
OF FAYETTEVILLE TO UTILIZE FEDERAL -AID HIGH
PRIORITY PROJECT FUNDS FOR THE U OF A
TECHNOLOGY CORRIDOR PROJECT
WHEREAS, the City of Fayetteville understands Federal -aid High Priority Project funds
are available for the U of A Technology Corridor project at the following federal participating
ratios:
City Street Projects
Work Phase
Federal Share City Match
Projects programmed
Preliminary engineering
80%
20%
And let to contract
Right -of -Way
80%
20%
Utilities
80%
20%
Construction
80%
20%
Construction Supervision
80%
20%
Projects programmed
All Phases
-0-
100%
but not let to contract
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City will participate in accordance with its designated
responsibilities, including maintenance of this project.
Section 2. That the Mayor, or his designee, is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the construction of this
city project.
Section 3. That the City pledges its full support and hereby authorizes the Arkansas
State Highway and Transportation Department to initiate action to implement this project.
PASSED and APPROVED this 2Ra day of May, 2006
APPROVED:
By:
ATTEST:
FAYI:TrLVILLE:
��,�,•�.....-ate,
�''%�;fGTON�lG�a•''•
By: 51ILai (f,nb&.i
SONDRA SMITH, City Clerk
Attachment C
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID PROJECTS
1) FHWA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as part of the bidding documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided
by the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment D
CERTIFICATION LETTER for RIGHT-OF-WAY OWNERSHIP
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
County
Dear Mr. Vozel:
Regarding right-of-way for the referenced Federal -aid project, I certify that
(Choose one of the following)
(1) title to right-of-way necessary for construction of the project is already in public
ownership. No additional right-of-way is needed.
(2) title to a portion of the right-of-way necessary for construction of the project is already in
public ownership. The additional right-of-way necessary for this project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid # Donations # Condemnations
(3) title to right-of-way necessary for construction of the project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid # Donations # Condemnations
Additionally, I certify that arrangement for adjustment of existing conflicting utilities has been
accomplished. Enclosed are preliminary plans showing the existing right-of-way limits. (for No.
2 and 3 above, add the following) and the boundary of additional right-of-way needed for
construction of this project.
Sincerely,
NAME & OFFICE
(Sponsor 's CEO)
Enclosure(s)
Attachment E
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
County
Dear Mr. Vozel:
The following documents are submitted concerning the referenced project:
1. One set of plans and specifications.
2. A copy of the preliminary estimate of cost.
3. An unexecuted copy of the bid proposal form.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer/Architect licensed to practice in the State of Arkansas and
that the plans and specifications were developed using the Arkansas State Highway and
Transportation Department's Standard Specifications for Highway Construction (latest edition)
and standard drawings, and comply with the Americans with Disabilities Act (ADA), the
American Association of State Highway and Transportation Officials (AASHTO) design
standards, and all other applicable state and federal regulations, including airport clearance when
necessary, for the type of work involved.
I understand that if any project items are declared non -participating in federal funds due to failure
to comply with any State or federal requirements, the City will promptly repay such funds to the
Arkansas State Highway and Transportation Department (AHTD). Further, I hereby authorize
the Director of the Arkansas State Department of Finance and Administration to transfer such
funds from the City's State Tumback Funds to the AHTD's RRA Fund upon notification by the
Director of Highways and Transportation that such funds are due AHTD and have not been paid
by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Enclosures
Attachment F
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas State Highway and
Transportation Department, the project may be advertised for bids. The following
minimum guidelines for advertising must be met:
• The minimum advertising period is three weeks.
• In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper.
• The notice must contain: (1) the time, date, and place that sealed bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The Sponsor will include the following language in the solicitation for bids:
"The Sponsor hereby notifies all bidders that this contract is subject to applicable
labor laws, non-discrimination provisions, wage rate laws and other federal laws
including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962
and Title VI of the Civil Rights Act of 1964 also apply."
• All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read (the sponsor may choose to read the
bids item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not reading the
bid aloud shall be publicly announced at the letting.
• Negotiation with contractors during the period following the opening of bids and before
the award of the contract shall not be permitted.
Attachment G
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
County
Dear Mr. Vozel:
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. A check in the amount of $5,000 for the AHTD administration costs.
3. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City Attorney. Additionally, I
certify that the bid is being awarded to the lowest responsive and qualified bidder and that there
has not been, nor will there be, any negotiations with the contractor or other bidders regarding the
amount, bid.
Your concurrence in the award of this contract to CONTRACTOR is requested.
Mayor
City Attorney
Enclosures
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Attachment I
49 CFR 18.42
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
Post -Award Requirements
Retention and access requirements for records.
(a) Applicability. (1) This section applies to all
financial and programmatic records, supporting
documents, statistical records, and other records of
grantees or subgrantees which are:
(i) Required to be maintained by the terms of this
part, program regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to
program regulations or the grant agreement.
(2) This section does not apply to records maintained
by contractors or subcontractors. For a requirement to
place a provision concerning records in certain kinds of
contracts, see Sec. 18.36(i)(l0).
(b) Length of retention period. (1) Except as
otherwise provided, records must be retained for three
years from the starting date specified in paragraph (c) of
this section.
(2) If any litigation, claim, negotiation, audit or other
action involving the records has been started before the
expiration of the 3 -year period, the records must be
retained until completion of the action and resolution of
all issues which arise from it, or until the end of the
regular 3 -year period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding
agencies may make special arrangements with grantees
and subgrantees to retain any records which are
continuously needed for joint use. The awarding agency
will request transfer of records to its custody when it
determines that the records possess long-term retention
value. When the records are transferred to or maintained
by the Federal agency, the 3 -year retention requirement
is not applicable to the grantee or subgrantee.
(c) Starting date of retention period --(l) General.
When grant support is continued or renewed at annual
or other intervals, the retention period for the records of
each funding period starts on the day the grantee or
subgrantee submits to the awarding agency its single or
last expenditure report for that period. However, if grant
support is continued or renewed quarterly, the retention
period for each year's records starts on the day the
grantee submits its expenditure report for the last
quarter of the Federal fiscal year. In all other cases, the
retention period starts on the day the grantee submits its
final expenditure report. If an expenditure report has
been waived, the retention period starts on the day the
report would have been due.
(2) Real property and equipment records. The
retention period for real property and equipment records
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrant support. In some cases grantees must report
income after the period of grant support. Where there is
such a requirement, the retention period for the records
pertaining to the earning of the income starts from the
end of the grantee's fiscal year in which the income is
earned.
(4) Indirect cost rate proposals, cost allocations
plans, etc. This paragraph applies to the following types
of documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans,
and any similar accounting computations of the rate at
which a particular group of costs is chargeable (such as
computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan,
or other computation is required to be submitted to the
Federal Government (or to the grantee) to form the basis
for negotiation of the rate, then the 3 -year retention
period for its supporting records starts from the date of
such submission.
(ii) If not submitted for negotiation. If the proposal,
plan, or other computation is not required to be
submitted to the Federal Government (or to the grantee)
for negotiation purposes, then the 3 -year retention
period for the proposal plan, or computation and its
supporting records starts from the end of the fiscal year
(or other accounting period) covered by the proposal,
plan, or other computation.
(d) Substitution of microfilm. Copies made by
microfilming, photocopying, or similar methods may be
substituted for the original records.
(e) Access to records --(1) Records of grantees and
subgrantees. The awarding agency and the Comptroller
General of the United States, or any of their authorized
representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of
grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts,
and transcripts.
(2) Expiration of right of access. The right of access
in this section must not be limited to the required
retention period but shall last as long as the records are
retained.
(f) Restrictions on public access. The Federal
Freedom of Information Act (5 U.S.C. 552) does not
apply to records unless required by Federal, State, or
local law, grantees and subgrantees are not required to
permit public access to their records.
[Revised as of October 1, 19971
Attachment J
CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
CITY OF
FAXETTE VII
Dan Coody
Mayor
7.31.07 Clarice Pearman - AHTD-Cato Springs Page 1
� I I11
From:
Clarice Pearman
To:
Petrie, Ron
Date:
7.31.07 11:02 AM
Subject:
AHTD-Cato Springs
Attachments:
07.02.07 AHTD-Cato Springs Road.pdf
CC: Audit
Ron:
I am just confirming that you did receive a copy of this agreement from Lana already. If anything else is needed please let me
know. Have a good day.
Thanks.
dance
b"Ry CI' ac)fl
City of Fayetteville Item Review Form
2014-0269
Legistar File Number
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Glenn Newman
Submitted By
Action Required:
Development Services
Department
Change Order No. 5 — Cato Springs Road (from Razorback Rd to S. School Ave.) Reconcile
contract quantities to match work performed and add additional items created by field directives.
Does this item have a cost? No
-$150,533.82
Cost of this request
4520.9540.5809.00
Account Number
06035.1200
Project Number
$3,061,498.07
Category or Project Budget
$3,061,498.07
Funds Used to Date
$150,533.82
Remaining Balance
Cato Springs Road
Program or Project Name
Street Improvements
Program or Project Category
2009 Street Bonds
Fund Name
Budgeted Item? Ives Budget Adjustment Attached? NO
V20130812
Previous Ordinance or Resolution # 80-06
Original Contract Number: 11 _37
Comments:
CITY OF
a
Teev1e
ARKANSAS
MEMO Mayor's Approval Only
To: Mayor Jordan
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services
Chris Brown, City Engineer
From: Glenn Newman, Construction & Development Manager
Date: June 12, 2014
Subject: Change Order No. 5 — Cato Springs Road (from Razorback Rd to S. School Ave.) Reconcile contract
quantities to match work performed and add additional items created by field directives.
PROPOSAL:
Cato Springs Rd was completed in September of 2013 by Dean Crowder Construction, Inc. Since that time, City staff
have been evaluating the request for additional work items performed over the course or the construction project.
Dean Crowder Construction, Inc. has requested a compensation for work not included in the unit price bid items. City
staff has reviewed this request and recommend granting 11 additional payment for items that were field directed by city
staff; requested by property owners; or unforeseen circumstances.
The Engineer of Record has reviewed and approved this request.
The approval of this plan change will not increase the contract time.
In addition, all work is complete and this change order will reconcile final construction quantities and establish the final
contract amount.
RECOMMENDATION:
Staff recommends approval of this Change Order which will decrease the contract amount by $150,533.82.
BUDGET IMPACT:
This contract is paid from the Transportation Bond Fund, the Federal Earmark Fund, and a $350,000 contribution from the
Water & Sewer Relocate Fund to assist with the relocation & upgrade of the existing water & sewer lines.
Attachments:
Change Order No. 5.
From: Newman, Glenn[mailto:anewman@fayetteville=ar,gov]
Sent: Thursday, April 03, 2014 3:34 PM
To: Moore, Zach T.
Cc: Wilson, Jeff; Brown, Chris; Ranz, Don
Subject: RE: Cato Springs Road - Additional Pay Items
Zach,
Pleaser start the process of an additional change order for the items listed below that are not identified
as an existing pay item. There are a couple of items Jeff will need to provide additional information on.
Glenn Newman, P.E.
Development & Construction Manager
City of Fayetteville, Arkansas
479.575.8206
Website I Facebook I Twitter I YouTube
From: Jeff Wilson [mailto:iwilson crowdernwa.com]
Sent: Tuesday, December 10, 2013 2:20 PM
To: Moore, Zach T.
Cc: 'Norbash, Sid'
Subject: Cato Springs Road
Sorry for the delay in reviewing the October billing. I have completed my review and have several items
that I would like to bring to your attention and further discussion. There are two specific areas in which I
will direct my thoughts, invoicing and additional items.
Invoicing
I have done a more in depth review of each bid item and have the following comments:
Bid Items 10 & 11: These items have been completed; however the quantities do not reflect
total quantity installed. I would estimate the actual installed quantity would exceed the
estimated quantity; however I would be willing to accept the estimated plan quantity as
acceptable to eliminate time to field measure.
Bid Item 19: This pipe was installed at the two locations indicated on the plans. Installation
would have been around report 278. The quantity should be 42 If not 28 indicated.
Bid Item 20: This pipe was installed at the two locations indicated on the plans. Installation
would have been around reports #278 & 289.
Bid Item 32: This pipe was installed at the two locations indicated on the plans. Installation of
the missing 29 If would have been around report 278.
Bid Item 36: All contract quantity FES were installed.
Bid Item 40: Remaining 1.25 inlets have been installed. I believe the remainder is for inlet tops
that were not previously installed.
Bid Item 41: Remaining 3.5 inlets have been installed.
Bid Item 42: Remaining 2.25 inlets have been installed.
Bid Item 43: Remaining 1.25 inlets have been installed.
Bid Item 45: Remaining 1 inlet has been installed.
Bid Item 46: Remaining .25 inlet has been installed.
Bid Item 48: Inlet has been installed.
Bid Item 49: Remaining 1.25 inlets have been installed.
Bid Item 50: Remaining .75 inlets have been installed.
Bid Item 51: Inlet has been installed.
Bid Item 73: This item was completed during the last couple of months.
Bid Items 79 thru 85: All items have been completed. The majority of the striping was around
mid -July 2913.
Bid Item 92: All of this item has been installed.
Bid Item 93: All of this item has been installed. This square yardage can be deleted from the
sidewalk bid item.
Bid Item 107: This item has been installed when the approach rails were installed.
Bid Item 111: The remaining approach rail has been installed.
Bid Item 113: All inlet throat extensions have been installed.
Bid Item 114: All back openings have been installed.
Bid Item 115: All survey monument protection has been installed, two in pavement and one in
green area.
Additional Items
Please review your notes and bid quantities to see if the following items have been included or
paid for under other line items:
1. 8" PVC drain pipe beneath Betty Fields driveway. (20 If @ $50.95 = $1019.00)
—This will be paid under item #13
Electronic message board for Hog football games during November 2012. ($2100
+10%=$2310.00)
3. 6" DI drain pipe from Druding tree to yard drain. (22 If @ $50.95 = $1120.90)
— This will be paid under item #13
4. Class 57 stone along concrete driveway edge to tree drip line at Druding. (18 tons @ $31.40
= $565.20) — ----This will be paid under item #87
5Remove prcviouly built modular Meek-retai g -waft -at 44veway—f5 sf @ $20.20 $101.00)
6. Lower yard drain at Sparks and Druding properties. ($121.00)
- We will need to create an item to pay for this work
7. Installed and then relocated yard drain at station 14+06 to avoid conflict with sidewalk
slope. ($181.50)
- We will need to create an item to pay for this work
8. Station 35+30 lowered existing sanitary sewer service due to conflict with 45x29 elliptical
RCP. ($220.00)
- We will need to create an item to pay for this work — Combine 8 & 9
9. Station 34+00 new sanitary sewer service due to conflict with 45x29 elliptical RCP.($22O.0O)
- We will need to create an item to pay for this work Combine 8 & 9
10. Station 32+90 lowered existing sanitary sewer service due to conflict with 45x29 elliptical
RCP. ($220.00)
- We will need to create an item to pay for this work
11. Replaced two (2) broken existing valve boxes in the intersection with Garland Ave. (2 x
$126.50 = $253.00)
- We will need to create an item to pay for this work
12. Replaced 300 sand bags after returning from work suspension. (300 @511.9A =
$3300.00)
- We will need to create an item to pay for this work - $9.90 per bag —See DBE
13. Enlarge inlet station 54+10.25, 49.94' left due to unknown existing storm drainage pipe-
($1G} 0)
-This will be paid under item #43 (4'x6' Box in lieu of Item #41 — 5 ft Box)
14. Undercut & replace unsuitable soil, east half of Seller Drive, due to truck traffic after milling
discovering soft spot. (27cy @ $21.90 = $591.30)
-This will be paid under item #4
15. Added hardwood bark mulch in lieu of seeding at Alderwoman Sarah Marsh's house.
($168.47 mat.a $594.99-1,"- ) +$200 labor = $368.47)
- We will need to create an item to pay for this work — Reference Stationing — not property
owner
16. Remove & reset 30" FES with curtainwall at 30" RCP pipe extension at Laverne Ave.
($297.00)
- We will need to create an item to pay for this work
17. Added metal post and chain gate station 38+75, 20' left. ($250.00)
- We will need to create an item to pay for this work
18. Concrete ditch paving along Garland Ave. west ditchline. ($308.00)
-This will be paid under item #65 per linear foot.
19. Remove, regrade & replace rip rap station 38+60, 35' right. Added grout. ($396.00)
- We will need to create an item to pay for this work
20. Added three (3) large mailboxes to replace same size. (3 each @ $75.00 = $225.00)
- We will need to create an item to pay for this work
If you have any questions please feel free to call me. Thanks.
Jeffrey D. Wilson
Dean Crowder Construction, Inc.
804 SE 215` Street
Bentonville, AR 72712
(479) 273-5304 Office
(479) 273-0574 Fax
aye"ev.,e
Change Order No
To Contractor Dean Crowder Construction. Inc
The Contract is changed as follows:
A. Additional Items
B. Reconciliation of all Contract Items (See attached)
CHANGE nRDER li. Iu i b J,'sl
Contract Number Job 1)411496 FAP 111'P2-1298(1) & 11PP2-3758 (I)
Contract Title Cato Springs Road Inhprovements
Date of Issuanee JUne 3. 2014
ORDINANCIS111I;st)L1'1'u1N:
liliective
Bid
Bid
Previous
Unit
Contract
Revised
Rcvlsed
Original
Revised
Contract
Item
Item
Estimated
of
Unit
Estimated
Unit
Estimated
Estimated
Changes
No.
Description
Quantity
Measure
Price
Quantity
Price
Cost
Cost
A
CO5 01
Message Board
000
Week
$0 00
600
$385 00
$000
$2,310 00
A
CO5 02
AdjustYard Drain to Grade
000
LS
$000
1 00
$121 00
$000
$121 00
A
CO5 03
Relocate Yard Drain
000
EA
$000
100
$18 150
5000
$181 50
A
CO5.04
Lower Existing Sanitary Sewer
Service
0 00
IS
$000
100
$440 00
$0.00
$44000
A
CO5.05
Replace Broken Valve Box
000
LA
$000
2,00
$126 50
5000
$253 00
A
CO5 06
Replace Sand Bag Ditch Check
000
BAG
$0.00
300,00
$990
$0.00
$2,970.00
A
CO5,07
Hardwood Bark Mulch
000
1.5
$0.00
1 00
$361147
$000
536847
A
CO5 08
Relocate 30" Reinforced
Concrete FES
000
LA
$0 00
1 00
$297 tl0
.5000
$297 00
A
CO5 09
Metal Post and Chain Gale
000
LA
$000
100
$250 (It)
$0 00
$250 00
A
CO5.10
Grouted Rip Rap
0.00
LS
$0 00
1 1)(1
$396 011
$000
$396.00
A
CO5 11
Large Mailbox Replacement
0.00
LA
$000
3 00
$75 Ott
$0 00
$22500
B
All
Reconciliation omit Contract
Items
($158,345 79)
Summation of Cost $0.00 (S 150,533.82)
Net Cost for this Change Order ($150,_533.82)
Not valid until signed by the Owner
The original Contract Price was
$ 3,815,172.70
Net change by previously authorized change orders
5 30,241.32
The Contract Price prior to this Change Order was
$ 3,845,414.02
The Contract Price will be [fiierrasedi][decreased] by
— —$150,533.82
The new Contract Price including this Change Order will be
$ 3,694,880.20
The Contract Time(s) will be[inuivaaed•by][detaea,sdbyl[remain unchanged]
0 calendar days
Required dates of Competion as of the date of this Change Order therefore are:
Substantial Completion
23 -Aug -13
Final Completion
22 -Sep -13
E1311
This summary does not reflect changes in the Contract Pnce orTtme(s) which have been authorized by Work Chiuige Directives not incorporated in
this or previous Change Orders
Garver
BYU DA IT..
Dean ( o ' r onstruction, Inc.
BY DATE
I
RECONCILIATION
Invoice Number 24 -Final
To, 10/31/13
CURRENT
ITEM
UNIT
CONTRACT
QUANTITY
AMOUNT
VARIANCE FROM
CONTRACT
CONTRACT
NUMBER
DESCRIPTION
UNIT
PRICE
QUANTITY
TO -DATE
TO -DATE
(UNITS)
(AMOUNT)
AMOUNT
1
Roadway Construction Control
LS
39,480 00
1 00
1 00
39,480 00
000
000
39,480.00
2
Trench and Excavation Safety
LS
1,050 DO
1 00
1.00
1.05000
0.00
0.00
1.05000
Systems
3
Clearing, Grubbing, end
LS
45,444.00
1 00
1.00
45,444 00
0.00
0.00
45,444 00
Demolition
4
Undercut and Backfill
CY
21 90
4,200 00
3,910 00
85,629.00
(290.00)
(6,351 00)
91,980 00
5
Rock Excavation
CY
21000
10000
0.00
000
(100.00)
(21.000.00)
21,000 00
6
Unclassified Excavation
CY (Plan Qty)
880
10,806.00
10,806.00
95,092.80
0.00
0.00
95,092 80
7
Select Embankment
CY (Plan Qty)
13 25
5,69300
5,693.00
78,082.25
0.00
0.00
78,082 25
B
Embankment
CY (Plan Qty)
2.85
5,707 00
5,707.00
16,264.95
0.00
0.00
16,264 95
9
Subgrade Preparation
SY (Plan Qty)
360
8,640.00
8,840.00
31,824.00
0.00
0.00
31,824.00
10
4" Topsoil Placement (Yard
SY
260
22,924 00
22,924.00
59,602.40
0.00
0.00
59,602.40
Areas)
11
4" Topsoil Placement (Other
SY
255
367O00
3,670.00
9,358.50
0.00
0.00
9,358.50
Areas)
12
Undercut and Stone Backfill
Ton
1755
700.00
147.95
2,596.52
(552,05)
(9,668.48)
12,265.00
13
8" PVC Pipe Under Pavement
LF
5095
7300
9000
4,585.50
1700
86815
3,719.35
14
12" Corrugated Metal Pipe Under
LF
5985
12200
10900
8,523.65
(13 00)
(778 05)
7,301.70
Pavement
15
18" Reinforced Concrete Pipe,
LF
5960
58200
59600
35,521 60
14.00
83440
34,687.20
Class III Under Pavement
16
24" Reinforced Concrete Pipe,
LF
7995
28900
29300
23,425.35
400
31980
23,105 55
Class III Under Pavement
17
24" Reinforced Concrete Pipe,
LF
84.65
3100
31.00
2.62415
0.00
000
2,624.15
Class IV Under Pavement
f8
36" Reinforced Concrete Pipe,
LF
93.95
131.00
13100
12,307.45
000
000
12,307.45
Class III Under Pavement
19
23X14" Reinforced Concrete
LF
86 25
4200
42.00
3,622.50
0.00
0.00
3.622 50
Elliptical Pipe, Class 111 Under
Pavement
20
23"X14" Reinforced Concrete
LF
142.40
66.00
6600
9,398 4D
000
000
9,398,40
Elliptical Pipe, Class IV Under
Pavement
21
30"X19" Reinforced Concrete
LF
99.90
36.00
36,00
3,596,40
0.00
0.00
3,596,40
Elliptical Pipe, Class III Under
Pavement
22
30"X19" Reinforced Concrete
LF
117.30
28,00
34,00
3,968.20
600
703.80
3,284 40
Elliptical Pipe. Class IV Under
Pavement
23
38X24" Reinforced Concrete
LF
12050
78,00
78 00
9.39900
000
000
9,399.00
Elliptical Pipe, Class III Under
Pavement
24
45"X29" Reinforced Concrete
LF
121 70
18900
18900
23,001.30
0.00
0.00
23,001.30
Elliptical Pipe, Class III Under
Pavement
25
12" Corrugated Metal Pipe
LF
21.40
28900
29000
6,206 00
1 00
21 40
6,184.60
26
36" Corrugated Metal Pipe
LF
8795
9 00
9.00
791 55
0.00
000
791.55
27
18" Reinforced Concrete Pipe,
LF
26.70
862.00
883.00
23,576 10
21 00
56070
23,015.40
Class III
26
24" Reinforced Concrete Pipe,
LF
3920
627.00
65500
25,676 00
28.00
1,09760
24,578.40
Class III
29
24" Reinforced Concrete Pipe,
LF
75 25
6.00
600
451 50
000
000
451.50
Class IV
30
30" Reinforced Concrete Pipe,
LF
8070
600
26.50
2,299-95
22.50
1,815.75
48420
Class Ill
31
36" Reinforced Concrete Pipe,
LF
64.10
429.00
434.00
27,819 40
5.00
320.50
27,498 90
Class III
32
23"X14" Reinforced Concrete
LF
47,90
6300
63.00
3,017 70
000
000
3,017.70
Elliptical Pipe, Class III
33
38"X24" Reinforced Concrete
LF
69.40
21600
21800
14,990, 40
0.00
0.00
14,990 40
Elliptical Pipe, Class III
34
45X29" Reinforced Concrete
LF
93.05
396.00
40750
37,917.89
11 50
1,070 09
36,847 80
Elliptical Pipe, Class III
35
18" Reinforced Concrete FES
EA
80400
800
8.00
6,432.00
0.00
0.00
6,432 00
36
24" Reinforced Concrete FES
EA
951 25
500
5.00
4,756.25
0.00
0.00
4.75625
37
30" ReinforcedConcreteFES
EA
1,180.30
100
1.00
1,180.30
0.00
0.00
1.18030
38
30"X19" Reinforced Concrete
EA
1,364.80
1.00
1.00
1,364.80
0.00
0.00
1,364.80
Elliptical FES
39
45"X29" Reinforced Concrete
EA
2.29690
1 00
1.00
2,296.90
0.00
0.00
2,296.90
Elliptical FES
40
4' Drop Inlets (Type C)
EA
2,110.50
0 00
000
000
000
000
000
41
5' Drop Inlets (Type C)
EA
2.215.50
0.00
0.00
0.00
000
0.00
000
42
6' Drop Inlets (Type C)
EA
2.635,50
0.00
0.00
000
0.00
0.00
000
43
4'X6' Drop Inlets
EA
2,845.50
000
0.00
000
000
0.00
0.00
44
4'X8' Drop Inlets
EA
2,845.50
000
0.00
000
000
0.00
0.00
CURRENT
ITEM
UNIT
CONTRACT
QUANTITY
AMOUNT
VARIANCE FROM CONTRACT
CONTRACT
NUMBER
DESCRIPTION
UNIT
PRICE
QUANTITY
TO -DATE
TO -DATE
(UNITS)
(AMOUNT)
AMOUNT
45
5'X6' Drop Inlets
EA
4,945.50
0.00
0.00
0.00
0.00
0.00
0.00
46
5'X9' Drop Inlets
EA
4,945.50
000
0.00
0.00
0.00
0.00
0.00
47
1 1'X8' Drop Inlets
EA
6,473 25
000
000
0.00
0.00
0.00
000
48
4' Junction Boxes (Type C)
EA
1,874.25
000
000
0.00
0,00
000
0.00
49
5' Junction Boxes (Type C)
EA
1,979 25
000
000
0.00
0.00
000
0.00
50
6Junction Boxes (Type C)
EA
2,425,50
000
0.00
0.00
0,00
000
0.00
51
14'X9' Junction Boxes
EA
7,465.50
0.00
0.00
0.00
000
0.00
0.00
52
4' Drop Inlet Extension
EA
477.75
0.00
000
0.00
0.00
000
0.00
53
8' Drop Inlet Extension
EA
897.75
0.00
0.00
000
000
000
0.00
54
3'X2' Precast Concrete Box
LF
13675
16600
166.00
22,700.50
0.00
000
22,700.50
Culvert
55
4'X2' Precast Concrete Box
LF
149.80
402.00
406.00
60,818.80
400
59920
60.219.60
Culvert
56
5'X2' Precast Concrete Box
LF
21400
28600
26900
57, 566.00
(17 00)
(3,638.00)
61.204.00
Culvert
57
6'X2' Precast Concrete Box
LF
260 15
32600
32600
84,808.90
000
000
84.808 90
Culvert
58
6'X3' Precast Concrete Box
LF
313.60
122.00
122.00
36,259.20
000
0.00
38,259.20
Culvert
59
Wingwalls & Appurtenances
EA
12,715.50
5.00
5.00
63,577.50
000
0.00
63,577.50
60
Erosion Control Fabric
SY
1260
200.00
233.00
2,935 80
33.00
415.80
2,520.00
61
Rip Rap
SY
22 15
438,00
233.00
5,16095
(205.00)
(4,540.75)
9,701.70
62
Asphalt Concrete Hot Mix
Ton
9200
000
0.00
0.00
0.00
0.00
0.00
Surface Course (PG 70-22)
63
Asphalt Concrete Patching for
Ton
83.30
15000
5306
4,419.90
(96.94)
(8,075 10)
12,495 00
Maintenance of Traffic
64
Concrete Curb and Gutter
LF
1045
000
000
0.00
0.00
000
000
65
4" Thick Concrete Sidewalk
SY
34 15
000
000
000
0.00
000
000
66
6" Thick Concrete Sidewalk
SY
36.90
0.00
0.00
0.00
0.00
000
0.00
67
8" Thick Concrete Sidewalk
SY
42.85
0.00
0.00
0.00
0.00
0.00
0.00
66
Concrete Driveway Aprons
SY
3925
000
000
000
0.00
000
000
69
Concrete Driveway
SY
3965
0.00
0.00
0.00
0.00
0.00
0.00
70
Asphalt Driveway
SY
31 30
775.00
29500
9,233.50
(480.00)
(15,024.00)
24,257 50
71
Aggregate Base Course
SY
945
5000
9600
907.20
4600
434.70
472.50
Driveway
72
Asphalt/CencreteDriveway
SY
17.70
1,649.00
68900
12,195.30
(960.00)
(16,992.00)
29,18730
Removal
73
Seeding and Mulching
AC
2,310.00
550
5.50
12.705.00
0.00
000
12,705.00
74
Solid Sod
SY
10.50
193.00
2.00
21.00
(191.00)
(2,005.50)
2,026.50
75
Additional Watering
MG
6.30
100.00
0.00
0.00
(100.00)
(630.00)
630.00
76
Mailbox Supports (Single)
EA
131.25
16.00
16.00
2,100.00
0.00
0.00
2,100.00
77
Mailbox Supports (Double)
EA
157.50
4.00
8.00
1,260.00
4.00
630.00
630.00
78
Remove and Replace Mailboxes
EA
121.90
24.00
27.00
3,291.30
3.00
365.70
2.925.60
79
4" Pavement Marking
LF
1 85
11,650.00
11,650.00
21.552.50
0.00
0.00
21,552.50
(Thermoplastic)
BO
12" Pavement Marking
LF
9.20
570.00
57000
5,24400
0.00
0.00
5,244.00
(Thermoplastic)
61
24' Pavement Marking
LF
12.60
76-00
76.00
957.60
0,00
000
957.60
(Thermoplastic)
B2
Pavement Symbols (Arrows -
EA
183 75
3.00
300
551.25
000
000
551 25
Thermoplastic)
83
Pavement Symbols (ONLY -
EA
204 75
3.00
300
61425
000
0.00
61425
Thermoplastic)
84
Pavement Symbols (Railroad -
EA
89250
200
200
1,785.00
0,00
000
1,78500
Thermoplastic)
85
Street Sign Installation
EA
15750
45.00
4500
7,087.50
0,00
0.00
7,08750
86
Traffic Control and Maintenance
LS
96,600 00
1.00
100
96,600.00
0.00
0.00
96,600.00
87
Aggregate Base for Roadway
Tan
3140
75.00
8200
1,946.50
(13,00)
(408.20)
2,355 00
Maintenance
86
Mobilization (combined with U3,
LS
70,000 00
1.00
1.00
70,000.00
0,00
000
70,000.00
shall not exceed 5% of total bid)
B9
Woven and Barbed Wire Fence
LF
43.35
40.00
0.00
000
(40.00)
(1,734.00)
1,734.00
90
Chain Link Fence
LF
2980
359.00
11300
3,36740
(246.00)
(7,330.80)
10,698 20
91
Wood Privacy Fence
LF
29.65
71.00
71 00
2,105.15
0,00
000
2,10515
92
Cast -in -Place Detectable
SF
1880
118.00
148 00
2,782 40
30,00
564.00
2,21840
Warning Panel
93
Handicap Access Ramp
SY
34.15
0,00
0.00
000
000
000
000
94
Project Signs
EA
892.50
2.00
200
1,78500
000
0.00
1,785.00
95
Cold Milling Asphalt Pavement
SY
570
2,275,00
67O00
381900
(1,605,00)
(9,148 50)
12,967 50
96
Tree Protection Fence
LF
300
75000
393.00
1,179.00
(357.00)
(1,071 00)
2,250.00
97
PCC Base (4,5" Uniform
SY
1995
0.00
000
0.00
0.00
000
000
Thickness)
98
PCC Base (8.5" Uniform
SY
28.35
0.00
000
000
000
0.00
000
Thickness)
99
Pipe Underdrain
LF
1015
1,295.00
63O00
6,394.50
(665.00)
(6,749.75)
13,14425
100
Modular Block Retaining Wall
SF
2020
1,495.00
1,783.00
36.016 60
266.00
5,817.60
30,199.00
Less Than 4'
CURRENT
ITEM
UNIT
CONTRACT
QUANTITY
AMOUNT
VARIANCE FROM CONTRACT
CONTRACT
NUMBER
DESCRIPTION
UNIT
PRICE
QUANTITY
TO -DATE
TO -DATE
(UNITS)
(AMOUNT)
AMOUNT
101
Modular Block Retaining Wall
SF
21.60
276.00
0.00
0.00
(276.00)
(5,961.60)
596160
Greater Than 4'
102
Unclassified Excavation for
CY
57.75
2700
27.00
1,559.25
0.00
0.00
1,55925
Structures - Bridge
103
Class S Concrete - Bridge
CY
1,050.00
42.50
43.00
45,150.00
0.50
525.00
44,625.00
104
Reinforcing Steel - Bridge (Grade
LB
1.10
5,220.00
5,220.00
5,742.00
0.00
0,00
5,742.00
60)
105
Steel Piling HP12x53
LF
10080
160.00
160.00
16,128.00
0.00
000
16,128.00
106
Preboring
LF
11550
150.00
150.00
17,325.00
0.00
000
17,325,00
107
Bridge Name Plate (Type C)
EA
525.00
100
1.00
525.00
0,00
000
52500
1108
Prefabricated Pedestrian Bridge
LS
128,027 05
100
1.00
128,027.05
0.00
0.00
128,027,05
109
Siticone Joint Sealant
LF
10500
24,00
24,00
2,52000
0,00
000
2,520,00
110
Steel Fence
LF
16035
176,00
176,00
31,741.60
000
000
31,741,60
111
Transitional Approach Rail
EA
5,77500
3,00
3,00
17,325,00
0,00
000
17,325 00
112
Area Inlet
EA
1,157.90
1300
1300
15,052.70
0.00
000
15,052.70
113
Inlet Throat Exlens{on
EA
640.00
6,00
6,00
5,040,00
0.00
000
5,040,00
114
Back Opening
EA
10500
1000
1000
1,050.00
000
000
1,050,00
115
Survey Monument Protection
EA
25200
3,00
300
75600
000
000
756,00
116
Erosion Control
LS
36,991 50
100
100
36,991.50
0.00
000
36,991,50
117
Field Office
EA
18,036 10
1.00
1 00
18,038 11
0.00
001
18,036,10
118
Handrail
LF
48.60
25600
134.00
6,53920
(122.00)
(5,953.60)
12,492.80
U1
Water and SanitarySewer
LS
1,050.00
100
100
1,050.00
000
0.00
1,05000
Erosion Control
U2
Waterard Sanitary Sewer Traffic
LS
20,580 00
1.00
1.00
20,580.00
0.00
000
20,580.00
Control
U3
Water and Sanitary Sewer
LS
13,387.50
100
1.00
13,387.51
0.00
001
13,36750
Mobilization (combined with 88,
shall not exceed 5% of total bid)
U4
Water and Sanitary Sewer
LS
15.750 00
1,00
1,00
15,750 00
000
000
15,750.00
Trench Excavation Safety
U5
12" PVC Class 200 DR -14 Water
LF
6255
38000
358.50
22,424.18
(21.50)
(1,344.82)
23,769.00
Line
U6
8" PVC Class 200 DR -14 Water
LF
4315
4,90000
4,392 00
189,514.80
(508 00)
(21,920.20)
211,435 00
Line
U7
6" PVC Class 200 DR -14 Water
LF
41 95
14000
23650
9,921.18
96.50
4,048.18
5,87300
Line
U8
2" Polyethylene Class 200 Water
LF
20.55
8O00
65.00
1,335.75
(15.00)
(308.25)
1,64400
Line
U9
1" Polyethylene Class 200 Water
LF
1560
2,180.00
2,18000
34,008.00
000
0.00
34,008.00
Service Line
U10
8" PVC SDR-26 Gravity Sewer
LF
3760
200.00
200.00
7,500.00
0.00
000
7,50000
Pipe
Ull
4" PVC SCH-40 Gravity Sewer
LF
2800
500.00
110.00
3,080.00
(390 00)
(10,920.00)
14,000.00
Service Pipe
U12
12"x12" Tapping Sleeve end
EA
7,018.00
1.00
1.00
7,018.00
000
000
7,018.01)
Valve
U13
8"x8" Tapping Sleeve and Valve
EA
2,815 00
2.00
200
5,630.00
000
000
5,630.00
U14
6"x6" Tapping Sleeve and Valve
EA
2,190 00
1.00
1.00
2,190.00
000
000
2,190 00
U15
8" Gate Valve
EA
1,47910
13.00
1400
20,70740
1 00
1,47910
19,228.30
U16
8" Gate Valve
EA
1,06655
3.00
400
4,266.20
1.00
1,066.55
3,199 65
U17
Ductile Iron Fittings for Water
LBS
1025
4,68O00
5,387.30
55,219 84
70730
7,24984
47,970 00
Line
U18
Cut and Cap Existing 12" Water
EA
1,41450
1.00
100
1.41450
0.00
000
1,41450
Line
U19
Cut and Cap Existing 8" Water
EA
1,291.10
2.00
200
2,582 20
000
0.00
2,582.20
Line
U20
Cut and Cap Existing 6" Water
EA
1,251.00
200
2.00
2,502.00
0.00
0.00
2,502.00
Line
U21
Cut and Cap Existing 2" Water
EA
62435
1.00
1 00
624.35
000
0.00
624.35
Line
U22
24" Steel Encasement by Open
LF
81 35
2000
2000
1,627.00
0.00
0.00
1,62700
Cut for Water Line
U23
24" Bored Steel Encasement for
LF
370.30
6900
7800
28,883.40
9.00
3,332 70
25,55070
Water Line
U24
16" Steel Encasement by Open
LF
92.30
136.00
139.00
12,829 70
3 00
276 90
12,552.80
Cut for Water Line
U25
16" Bored Steel Encasement for
LF
29230
7600
7600
22,214.80
0.00
0.00
22,214.80
Water Line
U26
12" Steel Encasement By Open
LF
77 10
60.00
000
000
(60.00)
(4,626 00)
4,62600
Cut for Sewer Service Line
U27
Fire Hydrant Assembly
EA
3,208 60
400
400
12,834.40
000
000
12,834.40
U28
Adjust Exisitng Valve Box to
EA
162.75
5.00
5.00
813.75
000
0.00
813.75
Finished Grade
U29
Adjust Existing Manhole to
EA
204.80
10.00
0.00
000
(10 00)
(2,048.00)
2,O4800
Finished Grade (6" or Less)
CURRENT
ITEM
UNIT
CONTRACT
QUANTITY
AMOUNT
VARIANCE FROM CONTRACT
CONTRACT
NUMBER
DESCRIPTION
UNIT
PRICE
QUANTITY
TO -DATE
TO -DATE
(UNITS)
(AMOUNT)
AMOUNT
U30
Adjust Existing Manhole to
EA
1,54360
7.00
000
000
(7.00)
(10,805 20)
10,80520
Finished Grade (Greater than 6")
U31
Abandon Existing Water Valve
EA
4200
1700
17.00
714.00
000
000
714.00
U32
Remove and Deliver Existing Fire
EA
210.00
300
3 00
63000
000
000
63000
Hydrant to Owner
U33
Water Meter Setting
EA
94075
40.00
40 00
37,630 00
000
000
37,630 00
U34
Sewer Service Tap
EA
1,00380
1000
100
1,003.80
(9,00)
(9,034.20)
10,038 00
U35
Remove and Replace Existing
EA
1,11300
2.00
100
1,113.00
(1.00)
(1,113 00)
2,22600
Concentric Manhole Cone with
Eccentric Manhole Cone
U36
Remove and Replace Existing
EA
2,859,65
3,00
2.00
5,31930
(1.00)
(2,659.65)
7,97695
Concentric Manhole with
Eccentric Manhole
U37
4' ID Concentric Manhole
EA
3,832.20
200
2.00
7,664.40
0.00
0.00
7,664.40
U38
Modify Existing Manhole Invert
EA
512.95
1.00
1.00
51295
0.00
000
512.95
U39
Core Drill and Connect to
EA
1,478.10
1.00
1.00
1,478.10
0.00
0.00
1,478.10
Existing Manhole
U40
Gravity Sewer Aerial Crossing
LS
11,084.70
1.00
1.00
11,084.70
0.00
000
11,084.70
U41
Undercut and Beckfill for Water
CY
21.90
160.00
0.00
000
(160 00)
(3,504.00)
3,504.00
or Sanitary Sewer
U42
Rock Excavation for Water or
CY
210 00
350,00
0.00
000
(350 00)
(73,500.00)
73,500.00
Sanitary Sewer
CO2 01
Lump Sum Items
LS
9,357.27
1.00
1 00
9,357 27
0.00
0.00
9,357.27
002.40
4' Drop Inlets (Type C)
EA
2,16152
2700
27.00
58,361.04
0.00
009
58,360 95
002.41
5' Drop Inlets (Type C)
EA
2,274,28
1500
15.00
34,113.90
0.00
0,00
34,113.90
002.42
6' Drop Inlets (Type C)
EA
2711 13
800
800
21,659 04
0,00
003
21,689.01
002.43
4'X6' Drop Inlets
EA
2,92037
200
2.00
5,840.74
0.00
000
5,840 74
CO2 44
4'XB' Drop Inlets
EA
2,98338
1.00
1 00
2,96338
0.00
0,00
2,963 38
CO2.45
5'X8' Drop Inlets
EA
5,064.78
300
3.00
15,19434
0.00
0.00
15,194.34
002.46
5'X9' Drop Inlets
EA
5,327.22
1.00
1.00
5,327.23
0.00
0,01
5,32722
CO2.47
11'X8' Drop Inlets
EA
7,192.38
1 00
1,00
7,192.38
0.00
0,00
7,192.38
CO2.46
4' Junction Boxes (Type C)
EA
1,927.64
1 00
1,00
1,927.64
0.00
0.00
1,927.64
CO2.49
5' Junction Boxes (Type C)
EA
2,041.52
300
3,00
6,124.56
0.00
0.00
6,124.56
CO2.50
6' Junction Boxes (Type C)
EA
2,503.80
3.00
300
7,511 40
0.00
001
7,511.39
002.51
14'X9' Junction Boxes
EA
6,729.74
1.00
1 00
6,729,74
ODD
000
8,729.74
002.52
4' Drop Inlet Extension
EA
48998
11.00
11.00
5,389.78
0.00
(0 01)
5,38979
002.53
8' Drop Inlet Extension
EA
92037
14,00
1400
12,885.18
0.00
0,01
12,665.17
002.62
Asphalt Concrete Hot Mix
Ton
9616
6,430.00
8.08496
777,449.75
1,654 96
159,116 50
618, 331.25
Surface Course (PG 70-22)
CO2.64
Concrete Curb and Gutter
LF
10.58
10,813.00
10,934.00
115,681 72
121.00
1,232.05
114,449,67
CO265
4" Thick Concrete Sidewalk
SY
34.54
3,656.00
3,269 00
113,802 06
(367 00)
(12,691.16)
126,293.22
CO266
6" Thick Concrete Sidewalk
SY
37.30
400.00
39900
14,882 70
(1 00)
(36 63)
14,921.33
00267
8" Thick Concrete Sidewalk
SY
43.39
259.00
6100
3,514 59
(178 00)
(7,723.54)
11,238.13
CO2.68
Concrete Driveway Aprons
SY
39.65
800.00
14400
29,499.60
(56 00)
(2,222.99)
31,722.59
CO2.69
Concrete Driveway
SY
40,05
1,517.00
1,35700
54,347 85
(16000)
(6,413 06)
60,780.90
CO2.93
Handicap Access Ramp
SY
3452
111.00
6330
2.185.12
(47 70)
(1,646.23)
3,831.35
CO2 97
PCC Base (4.5" Uniform
SY
20.56
5,850.00
3,24300
66.876 08
(2,607 00)
(53,570.67)
120,248.75
Thickness)
CO2.96
PCC Base (8.5" Uniform
SY
29.22
121.00
12300
3,594.08
2.00
57.96
3,536.10
Thickness)
CO3.01
Crack Seal (Additional)
LF
6.00
1,211.00
1,211.00
7,266.00
0.00
000
7,266.00
C04.01
Liquidated Damages
LS
(27,750.00)
1.00
1.00
(27,750.00)
0.00
0.00
(27,750 00)
CO5,01
Message Board
Week
385.00
6.00
6.00
2,310.00
000
0.00
2.31000
005.02
AdjustYard Drain to Grade
LS
121.00
1.00
1.00
121 00
0.00
0.00
121 00
005.03
Relocate Yard Drain
EA
181.50
1.00
1 00
181.50
0.00
0.00
181,50
005.04
Lower Existing Sanitary Sewer
LS
440.00
1.00
1 00
44000
0.00
0.00
44000
Service
C05.05
Replace Broken Valve Box
EA
126.50
2.00
2.00
25300
0.00
0.00
25300
00506
Replace Sand Bag Ditch Check
BAG
990
300.00
300.00
2,970.00
0.00
0.00
2.97000
C05 07
Hardwood Bark Mulch
LS
368.47
1.00
1.00
368.47
0.00
0.00
36847
C05 08
Relocate 30" Reinforced
EA
29700
1 00
1.00
29700
0.00
0.00
297.00
Concrete FES
C05.09
Metal Post and Chain Gate
EA
250.00
1.00
1.00
25000
0.00
0 00
25000
C05.10
Grouted Rip Rap
LS
39600
1.00
1.00
396.00
0.00
000
396.00
005 11
Large Mailbox Replacement
EA
75.00
300
3.00
225.00
0.00
0.00
225.00
TOTALS
3,694,880 20
(158.345 79)
3,853,225.99
Change Order 5 Justification
Job: 040496 Hwy. 112 — Hwy. 71B (Cato Springs Rd.) (Fayetteville) (S)
Fed. Aid Project HPP2-1298(1) & HPP2-3758(1)
• Item CO5.01 Message Board. The unit cost of $385.00 per WEEK as proposed by Dean Crowder
Construction, INC. falls within the range of $500.00 on the high side and $100 on the low side as
listed in the 2011 AHTD Weighted Averages. Dean Crowder Construction, INC. requested
$2,310.00 for this item. After review of the invoices provided by the contractor, the amount
was determined to be acceptable.
• Item CO5.02 Adjust Yard Drain to Grade. The proposed yard drains after installation were
directed by the City to be lowered to proper grade in order to drain properly. Dean Crowder
Construction, INC. requested $121.00 for this item. After review, the amount was determined
to be acceptable.
• Item CO5.03 Relocate Yard Drain. The proposed yard drain after installation was in conflict with
the sidewalk slope and was directed by the City to be relocated to avoid conflict. Dean Crowder
Construction, INC. requested $181.50 for this item. After review, the amount was determined
to be acceptable.
• Item CO5.04 Lower Existing Sanitary Sewer Service. The existing sanitary sewer line was in
conflict with proposed pipes and had to be lowered to avoid conflict. Dean Crowder
Construction, INC. requested $440.00 for this item. After review, the amount was determined
to be acceptable.
• Item CO5.05 Replace Broken Valve Box. The existing valves boxes at the Cato Springs Road and
Garland Avenue intersection were broken and required replacement. Dean Crowder
Construction, INC. requested $253.00 for this item. After review, the amount was determined
to be acceptable.
• Item CO5.06 Replace Sand Bag Ditch Check. The unit cost of $9.90 per BAG as proposed by
Dean Crowder Construction, INC. falls within the range of $15.50 on the high side and $6.44 on
the low side as listed in the 2013 AHTD Weighted Averages. Dean Crowder Construction, INC.
requested $2,970.00 for this item. After review, the amount was determined to be acceptable.
• Item CO5.07 Hardwood Bark Mulch. After property owner request, the city directed hardwood
bark mulch be placed in lieu of seeding at property. Dean Crowder Construction, INC. requested
$368.47 for this item. After review, the amount was determined to be acceptable.
• Item CO5.08 Relocate 30" Reinforced Concrete FES. The proposed 30" reinforced concrete FES
after installation was determined to cause a vertical drop that could pose a hazard adjacent to
the roadway. The City directed the FES to be relocated to a safer location. Dean Crowder
Construction, INC. requested $297.00 for this item. After review, the amount was determined
to be acceptable.
• Item CO5.09 Metal Post and Chain Gate. After property owner request, the city directed metal
post and chain gate to be installed. Dean Crowder Construction, INC. requested $250.00 for this
item. After review, the amount was determined to be acceptable.
• Item C05.10 Grouted Rip Rap. The installed rip rap was experiencing undermining in one area.
The City directed the rip rapped area experiencing failure to be removed, regraded, and
replaced with grouted rip rap. Dean Crowder Construction, INC. requested $396.00 for this
item. After review, the amount was determined to be acceptable.
Change Order 5 Justification
Job: 040496 Hwy. 112 — Hwy. 71B (Cato Springs Rd.) (Fayetteville) (S)
Fed. Aid Project HPP2-1298(1) & HPP2-3758(1)
• Item CO5.11 Large Mailbox Replacement. Property owners with existing large mailboxes
required replacement of comparable mailboxes. Dean Crowder Construction, INC. requested
$225.00 for this item. After review, the amount was determined to be acceptable.
• Item CO2.62 Asphalt Concrete Hot Mix Surface Course (PG 70-22). The contract amount for
ACHM Surface Course was exceeded by $159,118.50. This was due to needing more ACHM
leveling course than anticipated. The plan quantity for the ACHM leveling course was calculated
by using the average end area method at roadway cross sections spaced 50' apart. In each
roadway cross section, the area between the surveyed existing road and 2" below proposed
finished surface was used to calculate ACHM leveling course. Possible discrepancies between
calculated plan quantity and actual quantity could have occurred in the following ways:
1. Existing topographic survey not detailed enough to show rutting and other
pavement abnormalities.
2. Cross sections spaced 50' apart may not have provided detail necessary to
accurately determine ACHM leveling course using the average end area
method.
;1ME ST ;?'PING, "Nc
PO Box 1236 Van Buren, AR 72957
Phone: (479) 474-0452 Fax: (479) 474-0498
Websile: www.tirneslriping.com
MITo DEAN CROWDER CONSTRUCTION
804 SE 21ST STREET
BENTONVILLE AR 72712
INVOICE
60472
Page 1 of 1
DOW 12/03/12
astomerTD us omrreFO CuVStafe Jot' No.
-payment Terms Our Job No.'
Salesperson
CROW
NET UPON RECEIPT S20478
OANN
Quantity Description
Rate
Prloe
WORK DONE ON THE CADO SPRING ROAD PROJECT ON
1213112. SET UP ON 1119/12 & PICKED UP 12/3/12.
8.00 WEEK - MESSAGE BOARDS (2 UNITS X THREE WEEKS) 350.00 2,100.00
Subtotal: 2,100.00
Tax. 0.00
Total: 2,100.00
Nichols Erosion Control, Inc.
27032 State Hwy 144
Smithville, OK 74957
Bill To
Dean Crowder Construction, Inc.
804 S.E. 21st Street
Bentonville, AR 72712
Invoice
Date
Invoice #
4/18/2013
97I
I Project I Terms I
Cato Springs Road
Description Quantity Price Each Amount Due
Cato Springs Road 4/1113
Sand Bags - EA 300 9.00 2,700.00
Cato Springs Road 4/5113
Seed & Mulch - AC 5 2,200.00 11,000.00
Total 513,700.00
Fax # 580-244-3530 I www.nicholserosion.com I Phone # 405-818-6531