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HomeMy WebLinkAbout01-11 RESOLUTIONRESOLUTION NO. 01-11 A RESOLUTION REPEALING RESOLUTION NO. 230-10, APPROVING SUPPLEMENTAL AGREEMENT NO. 3 WITH JACOBS ENGINEERING GROUP, INC. FOR ENGINEERING SERVICES FOR THE FAYETTEVILLE EXPRESSWAY ECONOMIC DEVLOPMENT CORRIDOR PROJECT IN THE AMOUNT OF $370,851.54, AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $296,682.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution No. 230-10. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves Supplemental Agreement No. 3 with Jacobs Engineering Group, Inc. for engineering services for the Fayetteville Expressway Economic Development Corridor Project in the amount of $370,851.54, a copy of which is attached as Exhibit "A". Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $296,682.00, a copy of which is attached as Exhibit "B". PASSED and APPROVED this 4th day of January, 2011. APPROVED: ATTEST: By: alley On -mu, SONDRA E. SMITH, City Clerk/Treasurer ®Oo„ae�`werrrZ-rtRitehge v FS S/�®�� .0°01Y C °®vt�,s� FAYETTEVILLE: ®® ®tea g °iR NP �:� ®®®8//�G T?O N®®G,a� Supplemental Agreement No. 3 Job No. 040505 F.A.P. HPP2-2816(1) Fayetteville Expressway Economic Development Corridor P.E. Date 2 h I WHEREAS, the City of Fayetteville, Arkansas and Jacobs Engineering Group, Inc. entered into an Agreement for Engineering Services on September 5, 2006; and, WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to that defined in the Agreement. NOW THEREFORE, the following modifications will be made to the Agreement to include the additional work requested: MODIFICATIONS: 1) The "Contract Ceiling Price" (Section 1.4) is increased from $875,215.31 to $1,246,066.85 2) The "Indirect Cost Rate" (Section 1.10) is changed from 177.48 percent to 123.26 percent and a field office indirect cost rate of 96.94 percent. 3) The "Title II Multiplier" is changed from 3.10 to 2.21. 4) The "Title I Services Ceiling Price" (Section 1.14) is increased from $875,215.31 to $964,549.93 5) The "Title II Services Ceiling Price" (Section 1.17) is increased from $0 to $281,516.92 6) The "Schedule of Salary Ranges" (Section 3.2.1.1) is modified to: 1. SCHEDULE OF SALARY RANGES — The table Project Director Project Manager Project Controls Quality Controls Senior Engineer Supplemental Agreement No. 3 Page 1 of 3 FEEDC P.E. City of Fayetteville Washington County, Arkansas Min. 55.00 45.00 45.00 30.00 40.00 Salary Range (Dollars/Hour) Max. 85.00 65.00 60.00 50.00 60.00 Resident Engineer 35.00 60.00 Engineer II 30.00 45.00 Engineer I 20.00 40.00 Senior Inspector 20.00 40.00 Inspector 12.00 30.00 EIT/Senior Designer 20.00 40.00 CADD Technician II 20.00 40.00 CADD Technician I 12.00 30.00 Survey Manager 30.00 55.00 Survey Crew 22.00 60.00 Party Chief 15.00 30.00 Survey Tech 10.00 25.00 Landscape Architect 30.00 50.00 Environmental Scientist 20.00 40.00 Administrative Assistant 10.00 25.00 7) The "Fee" (Section 3.4) is increased from $77,569.67 to $86,052.43 for Title I Services, from $0 to $27,002.84 for Title II Services. 8) See Attachment A for modifications to Sections 2, 3, 6, 7, 9, 11, 13, 17. 9) See Attachments Al, A2, A3, and A4 for modifications to Appendix A - Justification of fees and cost. 10)See Attachments B1 -A and B3 -A for modifications to Attachments B1 and B3. 11)The completion date (Section 17.1) for Job No. 040505 is changed from December 31, 2010 to December 22, 2011. See attachment D1 for modifications to Appendix D. Supplemental Agreement No. 3 Page 2 of 3 FEEDC P.E. City of Fayetteville Washington County, Arkansas IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 3, to be effective upon the date set out above. Jacobs Engineering Group, Inc. �I�Ll4 anaging Principle es Arbuckle Supplemental Agreement No. 3 Page 3 of 3 FEEDC P.E. City of Fayetteville Washington County, Arkansas City of Fayetteville, Arkansas Lioneld Jordan Mayor, City of Fayetteville Arkansas Supplemental Agreement No. 3 Job No. 040505 F.A.P. HPP2-2816(1) Fayetteville Expressway Economic Development Corridor P.E. ATTACHMENT A DESCRIPTION OF ADDITIONAL WORK — Work to be accomplished under this supplemental agreement consists of additional Title I service to provide additional services for the Step 1 of the Break -In -Access approval for the Fly -Over Project, additional traffic modeling for the future extension of Sain Street, and additional bidding services, including but not limited to front end document preparation, plan publications, and plan selling and distribution. In addition, this supplemental includes Title 11 services to include construction management for the construction of the Roundabout project. 2. TYPE OF AGREEMENT 2.1 This Agreement is a cost -plus -fixed -fee contract. The Consultant is being hired to perform professional engineering services in connection with the Project set forth herein. In consideration for Title I services performed, the Owner will reimburse the Consultant for allowable direct and indirect costs, as defined herein, and pay the Consultant a fixed fee. If Title II services are to be performed, the Owner will reimburse the Consultant for allowable direct cost and indirect costs, as defined herein, and pay the Consultant a fixed fee. 3. COSTS, FEES, AND PAYMENT - The following paragraphs will be added or replaced. 3.4 Fees. The justification for the fees and cost is contained in Appendix A. In addition to reimbursement of the allowable costs as set forth above, the Owner shall pay to the Consultant a fixed fee of $86,052.43 for Title I services. For Title II services, if applicable, the Owner shall pay the Consultant a fixed fee of $27,002.84 for Title II services. 6. DESCRIPTION OF THE PROJECT — The following sentence shall be removed from the contract for Project 1 — Flyover Bridge. "The bridge is anticipated to be a single unit curved plate girder bridge with single column hammerhead type intermediate bent(s)" And be replaced with the following "The bridge is anticipated to be a multiple unit bridge with design to include provisions for the future Sain Extension as shown on the technical memorandum submitted with the Break -in -Access report for the project. Single column hammerhead type intermediate bent(s) are anticipated." The following paragraphs will be added. 6.2 Title II Services This work consists of providing construction management services to assist the City of Fayetteville, Arkansas (the Owner) in the administration of the Federal Aid Project Supplemental Agreement No. 3 Page 1 of 6 Number HPP2-3757(2) / AHTD Job 040536. The Engineer, under the direction of the Owner, will serve as an extension of the Owner to assist in administering the projects in accordance with AHTD standards, i.e., Standard Specifications for Highway Construction, current Resident Engineer's Manual, and the Manual of Field Sampling and Testing Procedures. The Engineer shall be responsible for construction management and administration of the Project to ensure it is constructed in substantial conformance to the construction plans, special provisions and specifications, and the AHTD's relevant standards and manuals. The Engineer shall be the only authorized Project -site contact with the Owner's Representative and Designer of Record; all information, requests for information, and correspondence from the Construction Contractor and all other parties at the Project -site will be transmitted through the Engineer to the Owner. The Engineer will provide all construction management to include, but not limited to, furnishing survey crews, inspectors, materials, testing laboratory equipment and staff, Resident Engineer, office clerical staff, vehicles and equipment and supplies, as required to provide the Service. The Engineer will provide all construction management to include, but not limited to, identification and recommendation of corrections of omissions, substitutions, defects, and deficiencies in the work of the Construction Contractor, its subcontractors, its vendors and its Engineers; and coordination of the efforts of the Construction Contractor, the Owner's Representatives and the Designer of Record in an effort to meet the Project schedule and budget. 7. INFORMATION AND TITLE 1 SERVICES TO BE PROVIDED BY ENGINEER - The following paragraphs will be added or modified. 7.5.2.1.1.1 Engineer shall submit to the FHWA and the AHTD a technical memorandum showing the Sain Street Connection. The memorandum will contain concept drawings, definition of proposed actions, revised freeway access requirements, and operational analysis. 7.5.2.1.2.1 Engineer shall submit to the FHWA and the AHTD revised operational analysis by an addendum to the break -in -access report showing the extension of Sain Street. 7.5.6.3.6 Engineer shall include irrigation plan sheets and Special Provisions into the final plans for the roundabout project. 7.5.7 Bidding Services 7.5.7.1 The Engineer shall assist the City in advertising and selling of the Plans and Specifications. The Engineer will develop specifications for the project using the owner's front-end documents and based on AHTD's Standard Specifications for Highway Construction. 7.5.7.2 The Engineer will utilize Southern Reprographics for plan set reproduction and sales. Local plan rooms will be provided plans and specifications at no additional cost. Plans and specifications will be available for reviewing at local Plan rooms and the City Engineers office (as requested). Supplemental Agreement No. 3 Page 2 of 6 7.5.7.3 In addition, the Engineer will assist the Owner in bidding the project by • preparing an advertisement for bidders, • selling plans from its NW and Central Arkansas offices • attending pre-bid conference if requested • attending the bid opening • tabulating the bids and making a recommendation of award 9.0 TITLE II SERVICES TO BE PROVIDED BY ENGINEER - The following paragraphs will be added. 9.1 Project Staffing The Engineer shall provide sufficient trained personnel to adequately and completely provide the Services and satisfy the requirements of this Agreement. The Engineer shall have the necessary qualified personnel available to provide Services whenever the Construction Contractor works. The Engineer's personnel assigned to perform the Services must have prior construction experience in the areas of Services that they are to perform. The Engineer shall maintain a good working relationship with the Owner. Any person employed by the Engineer or by any sub -consultant who, in the opinion of the Owner, does not perform his/her Services in a reasonably proper and skillful manner, or is intemperate or disorderly, shall at the written request of the Owner, be removed immediately by the Engineer or sub -consultant employing such person and shall not be employed again in any portion of the Services without the approval of the Owner. 9.2 Survey Control The Engineer shall be responsible for verifying the existence and accuracy of location for the reference points and baseline control points indicated on the plans. The Engineer shall re-establish any missing or disturbed control points as may be required prior to the start of construction. The Engineer shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the Construction Contractor and the Engineer in performing verification surveys of construction layout. The Engineer shall (1) make and record such measurements as are necessary to calculate and document quantities for pay items; (2) make and record preconstruction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project; and (3) perform incidental engineering surveys as may be necessary to carry out the services covered by this agreement and to verify and confirm the accuracy of the Construction Contractor's survey layout work. All survey work shall be performed under the supervision of a Surveyor registered in the State of Arkansas. 9.3 Review and Approval of Shop Drawings No shop drawing will be reviewed in this project. 9.4 Project Inspection The Engineer shall be responsible for monitoring the Construction Contractor's on-site construction operations and inspecting materials entering into the work as required. The Engineer shall keep detailed, accurate records of the Construction Contractor's daily operations in accordance with Owner's procedures, rules, standards and policies. Supplemental Agreement No. 3 Page 3 of 6 The frequency and scope of inspections will vary with the work activity being performed; however, the Engineer shall perform inspection services in accordance with the AHTD Residence Engineer's Manual and other procedures, policies, directives and industry accepted standards. The inspector's hours shall parallel the Construction Contractor's work hours. The Engineer will perform off-site batch plant, factory inspections of fabricated or manufactured items, and off-site borrow pit and waste area inspection to be incorporated into the Project in accordance with AHTD procedure. The Engineer will work in cooperation with the local AHTD district office for previously approved areas to minimize cost to the Owner. 9.5 Testing The Testing Laboratory, Project -site sampling and testing of component materials and completed work items shall be performed by Grubbs, Hoskyns, Barton, & Wyatt, Inc. in accordance with the AHTD "Manual of Field Sampling and Testing Procedures." 9.6 Engineering Management Services The Engineer shall be responsible for engineering management services necessary to verify that the Project is completed and ready for acceptance by AHTD and the Owner. This will require interpretation of the plans and contract documents, coordination of changes to the project, assistance in processing of Change Orders and supplemental agreements, resolving disputes, claims analysis, and all other engineering management tasks normally handled by a Resident Engineer. These tasks include, but are not limited to the following: 9.6.1 Schedule and conduct a pre -construction conference for the Project. Document the conference in accordance with AHTD procedures. 9.6.2 Supply Contractor three (3) copies of the Plans and specifications. 9.6.3 All known utilities with the project site have been contacted and supplied preliminary and final plans. All necessary adjustments are anticipated to be completed before construction of the project. 9.6.4 Review and monitor the Construction Contractor's work schedule and make recommendations to the Owner regarding any changes, or needed changes, to the schedule. Review credentials and qualifications of the Construction Contractor's personnel to ascertain compliance with construction contract requirements regarding said personnel. 9.6.5 Maintain a complete set of Project records on the Project to include daily diaries, quantities for pay items, progress estimates, material deliveries, submittals, as-builts, and correspondence. 9.6.6 Maintain a daily record of each pay item and every month prepare a comprehensive tabulation of each pay item for the progress estimate. Quantities will be based on daily records and calculations. All such records will be retained by the Engineer. Worksheets for the bi-weekly progress estimate will be furnished by the Owner. 9.6.7 The Engineer shall conduct periodic construction meetings on the Project with the Construction Contractor and their subcontractors, the Owner's Project Representative and other interested parties to review the work schedule, plan changes, construction problems or other matters. The results of these meetings will be documented on the Resident Engineer's weekly summary. Supplemental Agreement No. 3 Page 4 of 6 9.6.8 Track and maintain a log on all Construction Contractor submittals including requests for information, shop drawings, catalog cuts, and/or samples. An up-to-date status of each submittal must be maintained at all times through the approval stage. The Engineer shall review and approve or reject the shop drawings. Reviewed submittals are to be returned to the Construction Contractor for follow-on action. Reviews will be completed within 15 working days of the date of receipt of Contractor's submittals. Deficiencies will be immediately reported to the Owner's Project Representative. 9.6.9 Identify and monitor Project permit requirements and notify the Construction Contractor and the Owner immediately when violations or potential violations occur. 9.6.10 Upon notice by the Construction Contractor of pending claims for extra work or work beyond the original scope, maintain records indicating the approximate cost of such work performed by the Construction Contractor. 9.6.11 Analyze and make recommendations to the Owner's Project Representative on all requests received from the Construction Contractor for time extensions, contract changes, requests for information, extra work and proposals. 9.6.12 Coordinate all contract changes with the Construction Contractor, the City of Fayetteville, the AHTD Fayetteville RE office as required. Submit all change orders to the AHTD Resident Engineer for review and approval. 9.6.13 The local AHTD district office will issue a Special Permit for work within the highway right of way permit to the final plans for bidding and to the owners of utility facilities for adjustments made necessary by the construction project. Coordination of said work shall be through both the AHTD Fayetteville RE office and the District Engineer (or District Staff). 9.6.14 Process Change Orders pursuant to the construction contracts for necessary changes and recommended solutions to the Owner. 9.6.15 Monitor the Construction Contractor's compliance with construction contract provisions in regard to payment of predetermined wage rates in accordance with owner procedures. This will include subcontractor compliance. 9.6.16 Monitor each Construction Contractor's compliance with contract provisions in regard to Equal Employment Opportunity and Affirmative Action. Coordinate corrective actions with the Owner's Project Representative. 9.6.17 The Construction Contractor is fully responsible for the means and methods of jobsite safety for his construction personnel. The Engineer will monitor the Construction Contractor's compliance to jobsite safety; however, it is the Construction Contractor's obligation to enforce adherence to the Federal, State and local laws, rules and regulations concerning construction and jobsite safety. 9.6.18 Assist the Owner in preparing for any litigation or other action that may arise as a result of the Project by providing copies of documents. 9.6.19 Prepare the necessary Project close-out documents to include the final estimate and all supporting records, plus one set of red lined, as -built contract documents will be submitted to the City. Supplemental Agreement No. 3 Page 5 of 6 9.6.20 Perform all inspections and reporting required for the National Pollutant Discharge Elimination System (NPDES) permits issued by the Arkansas Department of Environmental Quality in accordance with procedures contained in the AHTD's Resident Engineer's Manual and Erosion and Sedimentation Control Manual. 11 OFFICE LOCATION FOR REVIEW OF WORK - The following paragraph will be added. 11.2 Review of the Title 11 work as it progresses and all files and documents produced under this Agreement may be made by representatives of the City of Fayetteville, the AHTD, and the FHWA at the project office of the Engineer. An on-site project trailer will not be provided for this project. All files and documents will be located in Fayetteville, Arkansas at the Engineer's Arkansas office located at 3729 N Crossover Road, Suite 111, Fayetteville, Arkansas. 13 DELIVERABLES - The following .paragraph will be added. 13.1 • Three copies of the Technical Memorandum for the Sain Street 13.4 Deliverables for the Title II services will include meeting minutes, correspondence, daily diaries, monthly project estimates, materials testing reports, and survey data files for each project. At the close of each project, the records will be assembled in accordance with current AHTD policies and submitted to the Construction Division for review and approval. 17. TERM, COMMENCEMENT, AND COMPLETION - The following shall be added to the end of the current paragraph. 17.3.1. Title II services for the roundabout shall be completed within 375 calendar days of the roundabout bid advertisement based on maximum construction duration of 300 calendar days. Supplemental Agreement No. 3 Page 6 of 6 Supplemental Agreement #3 - Attachment Al Job No. 040535 and 040536 F.A.P. HPP2-2816(1) FEEDC P.E. (Fly -Over Design & Roundabout) City of Fayetteville Washington County, Arkansas SUMMARY OF FEES AND COSTS - TITLE I - FEEDC Addition Services Jacobs Engineering Group, Inc " 1. Direct Labor Rate/Hour Man-hours Cost Subtotals Project Director $69.00 25.5 $1,759.50 Project Manager $54.25 72.0 $3,906.00 Senior Engineer $52.50 158.0 $8,295.00 Engineer II $40.00 158.5 $6,340.00 Engineer I $38.00 188.0 $7,144.00 Survey Manager $38.00 8.0 $304.00 EIT/Senior Designer $27.75 0.0 $0.00 CADD Tech 11 $26.00 122.0 $3,172.00 CADD Tech I $19.00 2.0 $38.00 Admin. Assistant • $19.00 30.0 $570.00 Survey Crew $49.30 0.0 $0.00 Landscape Architect $33.50 4.0 $134.00 Subtotals 768.00 $31,662.50 $31,662.50 2. Burden Rate Base Cost General Office Overhead 123.26% $31,662.50 $39,027.20 Subtotals' $39,027.20 $39,027.20 3. Direct Costs Full Size Plots 50.00 Shts @ $5.00 /Sht = $250.00 Half Size Plots 50.00 Shts ra $0.50 /Sht = $25.00 Photo copies 750.00 Shts @ $0.14 /Sht = $105.00 Telephone/FAX Charges 0.00 min @ $0.10 /min = $0.00 Express Deliveries 5.00 @ $20.00 /Ea = $100.00 Courier Deliveries 0.00 @ $15.00 /Ea = $0.00 Auto Mileage 800.00 mi © $0.485 /mi = $388.00 Air Travel 0.00 RT @ $500.00 /RT = $0.00 Per Diem 0 Days @ $30.00 /Day = $0.00 Lodging 0 Days @ $76.48 /Day = $0.00 Auto Rental 0 Days @ $50.00 /Day = $0.00 Cultural Resources Deed Research Arkansas One Call $868.00 uo ct s $868.00 4. Subcontracts Grubbs, Hoskyn, Barton & Wyatt, Inc. (pavement design per AHTD comments) $2,568.48 NTB Additional topography due to ramp lengthening $6,725.68 u o a s $9,294.16 $9,294.16 5. Fee Fee $8,482.76 Subtotals( $8,482.76 $8,482.76 6. Total Cost Additional $89,334.62 FEEDC Additional Services Page 1 of 2 Supplemental Agreement d3 - Attachment Al Job No. 040535 and 040536 F.A.P. HPP2-2816(1) FEEDC P.E. (Fly -Over Design & Roundabout) City of Fayetteville Washington County, Arkansas WORK TASK DESCRIPTION Project Director Project Manager Senior Engineer Project Engineer Engineer II Engineer I Survey Manager EIT/Senior Designer CADD Tech II CADD Tech I Admin. Assistant Survey Crew Sr. Env. Planner Env, Planner Sr Inspector/ Tech Landscap e Architect Summary hr hr hr hr hr hr hr hr hr hr hr hr hr hr hr hr AHTD Job Number 040536 -Roundabout 0 Amendment 3 0 Additional services post the AHTD letter dated October 3. 2007 stating Step 1 of the Break -in -Access had been approved 0 0 'Conference Call with City, AHTD, and FHWA to discuss additional steps required 2 2 2 6 'Definition and Proposed Action defined for next steps for the submittal 2 4 6 Investigations regarding additional revised freeway access requirements for the Sain Street Extension 2 4 6 *Operation Analysis of the revised grades 8 30 38 *Memorandum preparation and QA/QC 4 12 8 24 0 Ramp Modeling for Sain Extension 2 2 • HBV concepts for Sain over existing bridge 0.5 2 4.5 7 • H&V concepts for Sain under existing bridge peeling off existing ramp 0.5 2 6 8.5 • H&V concepts for Sain under existing Bridge continuing off Expressway 0.5 8 22 30.5 * Modeling Sain extension under Bridge off Expressway including toe -of -slopes, setting bridge lengths. modeling bridge toe 2 10 40 { 52 • Preparing concepts and meeting with City 4 4 12 20 0 Additional Bidding Services including front end contract document preparation and selling plans, and AHTD Permit Coordination 2 8 16 20 30 76 0 Landscape Plan Sheets Inclusion, SP's, Meeting with City and Addressing Comments 1 12 32 4 49 0 Easement Map preparation for utility coordination 4 8 12 0 Sub -consultant coordination for requested add services 6 6 Subtotal - Civil Engineering 16.5 32 68 0 138.5 12 8 0 32 2 30 0 0 0 0 4 343 AHTD Job Number 040535 - Fly -Over 0 Amendment 3 0 Preliminary Design - Bridge - Bridge Layout (Addtn'I Length) 2 8 12 20 - 16 58 Preliminary Design - Bridge - Additional Superstructure Unit 6 16 22 Elements 4 8 12 Final Design - Bridge - Addtn'I Superstructure Unit Design 20 60 80 Final Design - Bridge - Addtn'I Superstructure Unit Details 2 8 8 24 30 72 Final Design - Bridge - Addtn'I Substructure Element Design 16 32 48 Final Design - Bridge - Addtn'I Substructure Element Details 2 8 8 16 20 54 0 Additional Bidding Services including front end contract document preparation and selling plans, and AHTD Permit Coordination 2 8 16 20 46 0 Additional Bridge submittal as requested by AHTD (30%) documented in the 01-27-10 meeting minutes 1 8 24 33 0 Subtotal - Civil Engineering 9 40 90 0 20 176 0 0 90 0 0 0 0 0 0 0 425 FEEDC - Additional Services Page 1 of 2 Attachment A2 Job No. 040505 F.A.P. HPP2-2816(1) FEEDC P.E. (Ry -Over Design) City of Fayetteville Washington County, Arkansas Geotechnical Cost Grubbs, Hoskyn, Barton & Wyatt, Inc. 1. Direct Labor Rate/Hour Manhours Cost Subtotals Principal $41.67 1 $41.67 Project Manager $35.66 4 $142.64 Project Engineer $35.00 6 $210.00 Staff Engineer $30.00 0 $0.00 Drilling supervisor $14.03 0 $0.00 Driller & Technician $1 1.30 0 $0.00 Engineering Aide/Clerical $12.88 1 $12.88 12 $407.19 $407.19 2. Burden Rate Base Cost Overhead 181.60 % $407.19 $739.46 $739.46 $739.46 3. Direct Costs Mob/demob (buggy) 0 $2,000.00 /Ea = $0.00 In yard mobilization 0 $125.00 /Ea = $0.00 Drilling equipment (truck) 0 $26.25 /Hr = $0.00 Equipment set up & access 0 $26.25 /Hr = $0.00 Crew truck 0 $5.14 /Hr = $0.00 Vehicle Mileage 0 $0.45 /mi = $0.00 Per Diem 0 $65.00 /Day = $0.00 Traffic Control 0 $750.00 /Day = $0.00 Dozer rental 0 $1,000.00 /Day = $0.00 $0.00 4. Subcontracts $1,000.00/Day= $0.00 , $o.00 $0.00 5. Fee Fee subtotal $1,146.65 $137.60 $137.60: $137.60 6. Total Contract Cost $1,284.24 Roundabout Design Geotechnical Fly -Over Pavement Design 1 of 2 Attachment A2 Job No. 040505 F.A.P. HPP2-2816(1) FEEDC P.E. (Roundabout Design) City of Fayetteville Washington County, Arkansas Geotechnical Cost Grubbs, Hoskyn, Barton & Wyatt, Inc. 1. Direct Labor Rate/Hour Manhours Cost Subtotals Principal $41.67 1 $41.67 Project Manager $35.66 4 $142.64 Project Engineer $35.00 6 $210.00 Staff Engineer $30.00 0 $0.00 Drilling supervisor $14.03 0 $0.00 Driller & Technician $11.30 0 $0.00 Engineering Aide/Clerical $12.88 1 $12.88 12 $407.19 $407.19 2. Burden Rate Base Cost Overhead 181.60 % $407.19 $739.46 $739.46 $739.46 3. Direct Costs Mob/demob (buggy) 0 $2,000.00 /Ea = $0.00 In yard mobilization 0 $125.00 /Ea = $0.00 Drilling equipment (truck) 0 $26.25 /Hr = $0.00 Equipment set up & access 0 $26.25 /Hr = $0.00 Crew truck 0 $5.14 /Hr = $0.00 Vehicle Mileage 0 $0.45 /mi = $0.00 Per Diem 0 $65.00 /Day = $0.00 Traffic Control 0 $750.00 /Day = $0.00 Dozer rental 0 $1,000.00 /Day = $0.00 $0.00 4. Subcontracts $1,000.00 /Day = $0.00 $0.00 $0.00 5. Fee Fee subtotal $1,146.65 $137.60 $137.60 $137.60 6. Total Contract Cost $1,284.24 Roundabout Design Geotechnical Roundabout Pavement Design 2 of 2 Attachment A2 Job No. 040505 F.A.P. HPP2-2816(1) FEEDC P.E. (Fly -Over Design Surveys) City of Fayetteville Washington County, Arkansas Survey and Right-of-way Cost NTB Associates, Inc. 1. Direct Labor Rate/Hour Manhours Cost Subtotals Principal $50.00 2 $100.00 Project Suveyor $28.00 10 $280.00 Survey Technician $25.00 5 $125.00 Survey CAD $16.00 $0.00 Survey Crew Chief $14.00 28 $392.00 Instrument Person $13.50 26 $351.00 Rod Person $11.50 26 $299.00 Rod Person $10.50 $0.00 Engineering Aide/Clerical $10.00 1 $10.00 98 $1,557.00 $1,557.00 2. Burden Rate Base Cost Overhead 185.00 % $1,557.00 $2,880.45 $2,880.45 3. Direct Costs Vehicle Mileage 818 $0.43 /mi = $351.74 Per Diem 6 $109.00 /Day = $654.00 Arkansas One -Call 1 Lump sum = $750.00 $1,755.74 4. Fee $532.49 5. Total Contract Cost $6,725.68 Fly -Over Additional Topography Page 1 of 1 Supplemental Agreement #3 - Attachment A3 Job No. 040536 F.A.P. HPP2-2816(1) FEEDC P.E. (Roundabout Title 11 Services) City of Fayetteville Washington County, Arkansas SUMMARY OF FEES AND COSTS - TITLE II - FEEDC Roundabout Jacobs Engineering Group, Inc 1. Direct Labor . Rate/Hour Man-hours Cost Subtotals Project Director 370.00 40.0 $2,800.00 Project Manager $54.75 400.0 $21,900.00 Resident Engineer $40.00 400.0 $16,000.00 Senior Engineer $41.00 40.0 $1,640.00 Senior Designer $39.00 0.0 $0.00 Survey Manager $38.00 0.0 $0.00 EIT/Senior Designer $28.50 0.0 $0.00 CADD Tech II $26.50 0.0 $0.00 CADD Tech I $19.50 0.0 $0.00 Admin. Assistant $18.75 400.0 $7,500.00 Survey Manager $49.00 20.0 $980.00 Party Chief $26.00 32.0 $832.00 Survey Tech $18.00 56.0 $1,008.00 Sr Inspector/Tech $35.00 1760.0 $61,600.00 Inspector/Tech $30.00 0.0 $0.00 Subtotals 3148.00 3114,260.00 ! $114,260.00 2. Burden Rate Base ' Cost Audited Field Rate 96.94% $114,260.00 3110,763.64 ;Subtotals $110,763.64 $110,763.64 3. Direct Costs Full Size Plots 0.00 Shts @ $3.50 /Sht = $0.00 Half Size Plots 102.00 Shts @ $0.51 /Sht = $52.02 Photo copies 3500.00 Shts @ $0.15 /Sht = $525.00 Telephone/FAX Charges 0 Months @ $0.00 /Month = $0.00 Express Deliveries 12.00 @ $15.00 /Ea = $180.00 Courier Deliveries 0.00 @ $6.50 /Ea = 30.00 Auto Mileage 500.00 mi @ $0.50 /mi = $250.00 Air Travel 0.00 RT @ $0.00 /RT = $0.00 Per Diem 25 Days @ $30.00 /Day = $750.00 Lodging 25 Days @ $76.48 /Day = $1,912.00 Construction Vehicle Rate 10 Months @ $702.30 /Month = $7,023.00 Cell Phone Contract 10 Months @ $75.00 /Month = $750.00 Inspection Equipment 10 Months @ $50.00 /Month = $500.00 i Subtotals $11,94202 $11,942.02 4. Subcontracts GHBW $17,548.42 :; Subtotals $17,548.42 , $17,548.42 5. Fee Fee $27,002.84 Subtotals $27,002.84 $27,002.84 6. Total Cost Additional i $281,516.92 Roundabout Title 11 Fee Estimate 1 of2 Supplemental Agreement #3 - Attachment A3 Job No. 040536 F.A.P. HPP2-2816(1) FEEDC P.E. (Roundabout Title 11 Services) City of Fayetteville Washington County, Arkansas TASK AND DESCRIPTION (1) Project Director (2) Project Manager (3) Resident Engineer (4) Senior Engineer (5) Sr. Inspector/ Tech (6) Senior Designer (7) Survey Manager (8) Registered Surveyor (9) CADD/ Survey Tech (10) Admin. Support Task Total Manhours Job No. 040536 Project Administration 1 Project Coordination (Setup, Tracking, etc...) 12 20.0 32.0 2 Administration (invoice, Correspondence, etc...) 8 20.0 28.0 3 Miscellaneous Meetings 8 20.0 4.0 32.0 4 Off-site inspection borrow pits, coordination, etc.. 4.0 4.0 Subtotal 28 60.0 8.0 96.0 Survey Control 1 Project Control 4.0 8.0 8.0 20.0 2 Silt Fence 3 Demolition 7 Cross Sections 8.0 12.0 24.0 44.0 8 Quantity Documentation 8.0 12.0 24.0 44.0 Subtotal 20.0 32.0 56.0 108.0 Project Inspection & Engineering Management Services 1 Project Setup 4 24.0 16.0 40.0 24.0 108.0 2 Inspection & Management 252.0 336.0 1680.0 210.0 2478.0 3 Engineering Support 4 40.0 44.0 4 Waterline Inspection 40.0 40.0 5 Project Closeout 4 24.0 40.0 40.0 40.0 148.0 Paperwork scanning to PDF as requested by City of 6 Fayetteville 126.0 126.0 Subtotal 12.0 340.0 392.0 40.0 1760.0 400.0 2944.0 40.0 400.0 400.0 40.0 1760.0 20.0 32.0 56.0 400.0 3148.0 Roundabout Title 11 Fee Estimate 2of2 Attachment A4 Job No. 040505 F.A.P. HPP2-2816(1) FEEDC P.E. (Roundabout Title 11 Services) City of Fayetteville Washington County, Arkansas Geotechnical Cost Grubbs, Hoskyn, Barton & Wyatt, Inc. 1. Direct Labor Rate/Hour : Manhours Cost Subtotals Principal $41.67 20 $833.40 Project Manager $35.66 16 $570.56 Project Engineer $35.00 16 $560.00 Staff Engineer $30.00 $0.00 Lab Technician $14.03 30 $420.90 Field Technician $1 1.30 200 $2,260.00 Engineering Aide/Clerical $12.88 40 $515.20 322 $5,160.06 $5,160.06 2. Burden Rate Base Cost Overhead 181.60% $5,160.06 $9,370.67 $9,370.67 $9,370.67 3. Direct Costs Vehicle Mileage, miles 2600 $0.49 /Ea = $1,274.00 $1,274.00 4. Subcontracts $0.00 $0.00 5. Fee Fee subtotal $14,530.73 $1,743.69 $1,743.69 $1,743.69 6. Total Contract Cost $17,548.42 Roundabout Design Construction Services Roundabout Title 11 Services 1 of 1 Supplemental Agreement No. 3 ATTACHMENT B1 -A SUBCONSULTANT AGREEMENT NO. WLXL6300-S11-0001 Job No. 040505 F.A.P. HPP2-2816(1) WHEREAS, the City of Fayetteville, AR ("Owner") and Jacobs Engineering Group Inc., (formerly Carter and Burgess, Inc.) ("Consultant") entered into an Agreement for Engineering Services ("Prime Agreement") on September 5, 2006; and, WHEREAS, the Prime Agreement for Engineering Services has been novated over to Jacobs Engineering Group Inc. This and all future supplemental agreements and documentation under this project will reflect this novation; and, WHEREAS, the Consultant and Grubbs, Hoskyn, Barton & Wyatt, Inc. ("Subconsultant") entered into a Subconsultant Agreement on July 15, 2008 in connection with the Prime Agreement between the Consultant and the Owner and this and all future supplemental agreements and documentation under this agreement shall reference the above Subconsultant Agreement number; and, WHEREAS, representatives of the Owner requested work in addition to that defined in the Prime Agreement. NOW THEREFORE, the following modifications will be made to the Subconsultant Agreement to include the additional work requested: MODIFICATIONS: DESCRIPTION OF ADDITIONAL WORK — Work to be accomplished under this supplemental agreement consists of pavement design for the roundabout and fly -over, and material testing for the roundabout only in conjunction with AHTD "Manual of Field Sampling and Testing Procedures." The following paragraphs will be added or replaced. 2. The geotechnical investigation will be performed which will include the following: 9) Pavement design and recommendations for pavement typical sections 10) The scope of the construction and materials testing services will consist of performing field observations and testing including subgrade evaluation, undercut observations, density testing for embankments and pavement base, asphalt and concrete testing. The scope of these services also includes laboratory tests including soil classification, proctors, gradation and concrete breaks. All testing services will be provided in accordance with AHTD Standard Specification for Highway Construction (latest edition) and Manual of Field Sampling and Testing Procedures. 11) A report will be submitted on a daily basis for all the testing performed for the project. 3. COSTS, FEES, PAYMENTS, AND RATE SCHEDULES 3.1. Project 1: We propose to provide these services on a cost plus fixed fee basis. The total not -to - exceed cost for the geotechnical investigation will be $27,352.73. The fixed fee will be $2,524.27. Detailed costs for the scope of work described above are shown in Attachment A2.The classifications of Attachment Bi -A Page 1 of 2 FEEDC P.E. City of Fayetteville Washington County, Arkansas personnel and salary ranges for all personnel anticipated to be assigned to this project are shown in Attachment B2. 3.2. Project 2: We propose to provide these services on a cost plus fixed fee basis. The total not -to - exceed cost for the geotechnical investigation for Title I services will be $8,521.18. The fixed fee for Title I services will be $739.68. The total not -to -exceed cost for the construction services for Title II services will be $17.548.42. The fixed fee for Title II services will be $1,743.69. Detailed costs for the scope of work described above are shown in Attachment A2 and A4. The classifications of personnel and salary ranges for all personnel anticipated to be assigned to this project are shown in Attachment B2. 3.3. The Indirect Cost Rate for the subconsultant under this agreement shall be 181.60%. 10, NOTICE 10.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be mailed or hand -delivered to: 10.1.1. To the Subconsultant: Grubbs, Hoskyn, Barton & Wyatt, Inc. 341 West County Line Road Springdale, AR 72764 ATTN: Subra Bhat, Ph.D., P.E. 10.1.2. To the Consultant: Jacobs Engineering Group, Inc. 3729 N. Crossover Road Suite 111 Fayetteville, AR 72703-5538 ATTN: Kip Guthrie, PE IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be effective JACOBS ENGINEERING GROUP, INC. BY: Bill Bullion Procurement Manager GRUBBS, HOSKYN, BARTON & WYATT, INC. Subra Bhat, Ph.D., P.E. PrinclpaUManager of Springdale Office Attachment B1 -A Page 2 of 2 FEEDC P.E. City of Fayetteville Washington County, Arkansas Supplemental Agreement No. 3 ATTACHMENT B3 -A SUBCONSULTANT AGREEMENT NO. WLXL6300-S11-0001 Job No. 040505 F.A.P. HPP2-2816(1) WHEREAS, the City of Fayetteville, AR ("Owner") and Jacobs Engineering Group Inc., (formerly Carter and Burgess, Inc.) ("Consultant") entered into an Agreement for Engineering Services ("Prime Agreement") on September 5, 2006; and, WHEREAS, the Prime Agreement for Engineering Services has been novated over to Jacobs Engineering Group Inc. This and all future supplemental agreements and documentation under this project will reflect this novation; and, WHEREAS, the Consultant and NTB Associates, Inc. ("Subconsultant") entered into a Subconsultant Agreement in connection with the Prime Agreement between the Consultant and the Owner on July 15, 2008 and this and all future supplemental agreements and documentation under this agreement shall reference the above Subconsultant Agreement number; and, WHEREAS, representatives of the Owner requested work in addition to that defined in the Prime Agreement. NOW THEREFORE, the following modifications will be made to the Subconsultant Agreement to include the additional work requested: MODIFICATIONS: DESCRIPTION OF ADDITIONAL WORK — Additional topographical survey work in accordance with Attachment E "General and Detailed Scope of Work for Control Surveys, Design Surveys, and Land Surveys, and Attachment F "AHTD State Preparation and Submittal of Right of Way Plans." All services performed shall be consistent with Arkansas minimum standards and in compliance with Arkansas laws and regulations governing the practice of Land Surveyors and with all Federal, State and Local laws, regulations and ordinances applicable to the work. The following paragraphs will be added or replaced. 2.3 SERVICES TO BE PROVIDED The following paragraph shall be added under Project 1. Provide topographical surveys in accordance with AHTD design survey specifications for the area west of Logan's Steak House for ramp tie-in and additional drainage structure/inlets as requested, and six (6) data points will be collected at locations provided by Jacobs for bridge clearance confirmation and coordination. NTB will coordinate with Arkansas One -Call. 3. COSTS, FEES PAYMENTS, AND RATE SCHEDULES 3.5. The Contract Ceiling Price for both Project 1 and Project 2 under this Agreement is $94,532.52 including a fixed fee of $8,951.83. This includes full compensation for all labor costs, indirect costs, direct expenses Attachment B3 -A Page 1 of 2 FEEDC P.E. City of Fayetteville Washington County, Arkansas and profit (fixed fee), as defined herein, for services provided under this Agreement. The Justification of Cost and Fees is in Attachment A2 to this Agreement. 11. NOTICE 11.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be mailed or hand -delivered to: 11.1.1. To the Subconsultant: NTB Associates, Inc. 525 Louisiana Avenue Shreveport, Louisiana 71101 11.1.2. To the Consultant: Jacobs Engineering Group, Inc. 3729 N. Crossover Road Suite 111 Fayetteville, AR 72703-5538 ATTN: Kip Guthrie, PE IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be effective JACOBS ENGINEERING GROUP, INC. Bill Bullion Procurement Manager NTB Associates, Inc. BY: O Tom Alexander Associate Attachment B3 -A Page 2 of 2 FEEDC P.E. City of Fayetteville Washington County, Arkansas Supplemental Agreement #3- Attachment D-1 Job No. 040535 and 040536 F.A.P. HPP2-2816(1) FEEDC P.E. (Fly -Over Design & Roundabout) City of Fayetteville Washington County, Arkansas FAYETTEVILLE EXPRESSWAY ECONOMIC DEVELOPMENT CORRIDOR P.E. State Job No. 040505 & 040506 Federal Aid Project No. HPP2-2816(1) Activity Description Duration Start Finish ; •iItTtrfflr- Notice to Proceed X Completed Break in Access Submittal (Step 2) X Completed Draft CE submittal Public Meeting X X Completed Completed Design Surveys X Completed AHTD and FHWA Approval of BIA and Env. Documentation and Sain Extension Memorandum 460 8/1/09 11/4/10 Geotechnical Engineering - prepared to mobilize with BIA approval 45 11/5/10 12/20/10 Preliminary Design 30% Submittal - 30 days from geotechnical data 30 12/21/10 1/20/11 AHTD 30% Preliminary Design Review and Approval 30 1/21/11 2/20/11 Preliminary Design 60% Submittal - 90 days from 30% Design approval 90 2/21/11 5/22/11 AHTD 60% Preliminary Design Review and Approval 45 5/23/11 7/7/11 Final Design 90% Submittal - 90 days from Preliminary 60% Design approval 90 7/8/11 10/6/11 AHTD 90% Final Design Review and Approval Final Design 100%Submittal - 30 days from 90% review comments 30 45 10/7/11 11/7/11 11/6/11 12/22/11 Draft CE submittal Public Meeting X X Complete Complete AHTD and FHWA Review of Draft CE submittal X Complete Design Surveys X Complete Schematic 15% Design AHTD 15% Schematic Review/Approval and Comment Clarification X X Complete Complete Environmental Documentation X Approved Geotechnical Engineering X Complete Preliminary Design 50% Submittal - 60 days from Schematic Design 15% Design approval X Complete AHTD 50% Preliminary Design Review and Approval X Complete AHTD 60% Preliminary Design Review and Approval X Complete Final Design 90% Submittal - 90 days from Preliminary 50% Design approval X Complete AHTD 90% Final Design Review and Approval X Complete Final Design 100°/ Submittal X 8/27/10 Property Acquistion, Utility Relocation, Plan Advertisement and Contract Award 140 8/28/10 1/15/11 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Citywide Date Requested Division: Citywide a76ll Program: Sales Tax Capital Improvements 12/2/2010 Project or Item Added/Increased: Project or Item Deleted/Reduced: $296,682 is being requested in the Professional Services Account and in the Federal Grants -Capital Account Justification of this Increase: For Jacobs Engineering to provide design services for the Fayetteville Economic Development Corridor Account Name Account Name Adjustment Number EXHIBIT Justification of this Decrease: The City will receive reimbursement from the Federal Government. Increase Budget Account Number Decrease Budget Account Number Division Hea Date Budget Director Date J 12.0 1Ata Dep��e Director Date . �►` 6 Finance rector Date Chief of Pff Date ate a r Amount Project Number see attached Amount Project Number see attached V.090403 Budget & Research Use Only Type: A B C D E Requested By General Ledger Date Posted to General Ledger Initial Date Posted to Project Accounting Initial Date Budget Adjustment Detail Backup Increase Decrease Account Name Account Number Budget Budget Project# Sub# Project Description Professional Services 4470.9470.5314.00 296,682 06035 1700 R Transportation Bond Street Improvements Federal Grants - Capital 4470.0947.4309.00 296,682 06035 1700 R Transportation Bond Street Improvements Professional Services 4520.9520.5314.00 74,170 06035 1700 R Transportation Bond Street Improvements Street Improvements 4520.9520.5809.00 74,170 06035 1700 R Transportation Bond Street Improvements Page 1 of 1 J:\EXCEL\Transportation Bonds\Budget Adjustments\BA FEEDC fed funds 12022010.xls City of Fayetteville Staff Review Form City Council Agenda Items or Contracts f va4!r L� zol/ City Council Meeting Date Chris Brown 6# Submitted By Engineering Development Services Division Department. Action Required: resolution approving Supplemental Agreement No. 3 to the contract with Jacobs Engineering Group, Inc. for igineering services for the Fayetteville Expressway Economic Development Corridor Project in the amount of 170,851.54 and approving a Budget Adjustment in the amount of $296,682.00. $ 370,851.24 $ 19,262,726.00 Cost of this request Category / Project Budget 4470.9470.5314.00 4520.9520.5314.00 $ 6,195,662.80 Account Number Funds Used to Date 06035.1700 Project Number Budgeted Item IX $ 13,067,063.20 Remaining Balance Budget Adjustment Attached �X LOLtOW Departmen irector Date /2- 3-/a City orney Date � .--. 12 -3- 2d t d Finance and Internal Service Director Date M 4 - :,omments: Transportation Bond Improvements Program Category / Project Name Street Improvements Program / Project Category Name 2006A Sales Tax Construction Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 12-03-1Received in City Clerk's Office ,0A08:23 RCVD In ttevtlle ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Chris Brown, City Engineer Date: December 2, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of December 21, 2010 Subject: A Resolution approving Supplemental Agreement No. 3 to the contract with Jacobs Engineering Group, Inc. for engineering services for the Fayetteville Expressway Economic Development Corridor Project in the amount of $370,851.54 and approving a Budget Adjustment in the amount of $296,682.00. PROPOSAL: The Fayetteville Expressway Economic Development Corridor (FEEDC) is a federally funded project that will provide better traffic flow and better access to the businesses in the project area. Jacobs Engineering Group is the design engineer on the Roundabout and Flyover Projects. Design is nearing completion on the Roundabout Project, and is approximately 15% complete on the Flyover Project. The proposed Supplemental Agreement No. 3 attached to this memo provides for additional work to be performed by Jacobs Engineering on the project. This additional work includes: 1. Modeling and conceptual design for the future connection of Sain Street to the Fulbright Expressway. This work was not included in the original scope, but is necessary to ensure that the design of the flyover will accommodate this future extension. 2. Design of the additional bridge length to accommodate the future Sain Extension. The flyover bridge will need to be extended approximately 170 feet to provide room for the extension of Sain to the Fulbright Expressway. 3. Services related to Step 1 of the Break in Access Approval. At the time of the contract preparation, the City understood that Step 1 of the Break In Access process had been completed. The Federal Highway Administration informed the City at the project kickoff meeting that additional work was required, which was completed by Jacobs in order to keep the project moving forward. 4. Additional bidding services for both the Roundabout and Flyover Projects. The Agreement with the Arkansas State Highway and Transportation Department originally provided for the AHTD to bid both projects. The City requested a change in this agreement to allow the City to take bids in order to have more control over the process and to be more likely to get local contractors to bid on the project. Additional work is required by Jacobs because of this change. 5. Construction Management services for the Roundabout Project. Construction Management services were not included in the original contract. THE CITY OF FAYETTEVILLE, ARKANSA-5 The total cost of Items 1-4 is $89,334.62, and the cost for Item 5 is $281,516.92. Therefore, the total proposed amount of Supplemental Agreement No. 3 is $370,851.54. Of this amount, 80% is eligible for reimbursement through the federal earmark for this project, leaving the City's portion to be paid out of the Bond Program at $74,170.31. This Supplemental Agreement was presented to the Street Committee on September 241" with a total cost of $464,585.64, but through the negotiation process Engineering was able to reduce this fee by $93,734.10. RECOMMENDATION: The additional work described above is warranted and necessary to complete the design on the Flyover Project, and to adequately manage the construction phase of the Roundabout Project. BUDGET IMPACT: This contract will be paid from the Transportation Bond Program Fund and from the federal funding available for the project. rjyjUVIlle ARKANSAS TO: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Chris Brown, City Engineer DATE: December 2, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479) 444-3443 SUBJECT: Fayetteville Expressway Economic Development Corridor Engineering Services Due to the nature of funding for this project, a budget adjustment is needed which will recognize the 80% Federal Grant — Capital ($296,682) and set up the expense amount to be paid through the Sales Tax Capital Fund ($296,682). Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION REPEALING RESOLUTION NO. 230-10, APPROVING SUPPLEMENTAL AGREEMENT NO. 3 WITH JACOBS ENGINEERING GROUP, INC. FOR ENGINEERING SERVICES FOR THE FAYETTEVILLE EXPRESSWAY ECONOMIC DEVLOPMENT CORRIDOR PROJECT IN THE AMOUNT OF $370,851.54, AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $296,682.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution No. 230-10. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves Supplemental Agreement No. 3 with Jacobs Engineering Group, Inc. for engineering services for the Fayetteville Expressway Economic Development Corridor Project in the amount of $370,851.54, a copy of which is attached as Exhibit "A". Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $296,682.00, a copy of which is attached as Exhibit "B". PASSED and APPROVED this 4th day of January, 2011. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: IM SONDRA E. SMITH, City Clerk/Treasurer AGREEMENT FOR ENGINEERING SERVICES JOB NO. FEDERAL AID PROJECT ("FAP") NO. PREAMBLE THIS AGREEMENT, entered into this f.. LI day of , _____, by and between City of Fayetteville_("Owner"), and Carter & Burgess, In . ("Consultant"), a corporation existing under the laws of the State of Texas, with a principal office at 10816 Executive Center Drive, Suite 300, Little Rock, Arkansas 72211-6021 and a regional office at One East Center Street, Suite B200, Fayetteville, Arkansas 72701. WITNESSETH: WHEREAS, the Owner is planning to study existing and projected traffic flow in a project area generally bounded by College Avenue, Interstate 540 from the Fulbright Expressway to Exit No. 69, Millsap Road, and the Fayetteville City Limits. WHEREAS, the Owner's forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and, WHEREAS, the Consultant's staff is adequate and well qualified, and it has been determined that its current workload will permit completion of the project on schedule. NOW THEREFORE, it is considered to be in the best public interest for the Owner to obtain the assistance of the Consultant's organization in connection with engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: 1. PRELIMINARY MATTERS 1.1. "Consultant's Representative" shall be Kip Guthrie until written notice is provided to the Owner designating a new representative. 1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $175,000. The Contract Ceiling Price is the maximum aggregate amount of all payments that the Owner may become obligated to make under this Agreement. In no event, unless modified in writing, shall total payments by the Owner under this Agreement exceed the Contract Ceiling Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or payment, nor shall the Owner, its officers, agents, employees, or representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling Price. 1.3. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the Owner under this Agreement. 1.4. "Default" means the failure of the Consultant to perform any of the provisions of this Agreement. Default includes, but is not limited to, failure to complete phases of the work according to schedule or failure to make progress in the work so as to endanger timely performance of this Agreement, failure to pay subcontractors in a timely manner, failure to comply with federal and state laws, and failure to comply with certifications made in or pursuant to this Agreement. 1.5. "Department" or "AHTD" means the Arkansas State Highway and Transportation Department. 1.6. "DOT" means the United States Department of Transportation. 1.7. "FAR" means the Federal Acquisition Regulations, codified in 48 C.F.R. 1.8. "Fee" whether fixed or otherwise is a dollar amount that includes the Consultant's profit on the job. 1.9. "FHWA" means the Federal Highway Administration. 1.10. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 C.F.R. Part 31, and is also subject to any limitations contained herein. The Indirect Cost Rate for the Consultant under this Agreement shall be 177.48 percent. If applicable, the Indirect Cost Rate for each subcontractor shall be listed in Exhibit B. 1.11. "Title I Services" are those services provided by the Consultant before the award of the contract for the construction of the Project, consisting primarily of engineering services for the planning or design of the Project. 1.12. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is $175,000. The Title I Services Ceiling price is the maximum aggregate amount of all payments that the Owner may become obligated to make under this Agreement for fees and costs related to Title I Services. In no event, unless modified in writing, shall total payments by the Owner related to Title I Services exceed the Title I Services Ceiling Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the Owner, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title I Services exceeding the Title I Services Ceiling Price. 1.13. "Title 1I Multiplier" (if applicable) is the mark-up by which the fee and indirect costs associated with Title 11 services are calculated. The Title 11 Multiplier, which accounts for the fee and indirect costs, is multiplied by the salary rate, as shown on the Schedule of Salary Ranges, of the particular individual(s) performing the Title II services. The Title II Multiplier for the term of this Agreement is 3.10. 1.14. "Title II Services" are those services provided by the Consultant after the award of the contract for the construction of the Project, consisting primarily of engineering services during the construction of the Project. 1.15. "Title II Services Ceiling Price". The Title 11 Services Ceiling Price for this Agreement is $ 0.00. The Title II Services Ceiling price is the maximum aggregate amount of all payments that the Owner may become obligated to make under this Agreement for fees and costs related to Title 11 Services. In no event, unless modified in writing, shall total payments by the Owner related to Title II Services exceed the Title II Services Ceiling Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the Owner, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title II Services exceeding the Title It Services Ceiling .Price. 2. TYPE OF AGREEMENT 2.1. This Agreement is a cost -plus -fixed -fee contract. The Consultant is being hired to perform professional engineering services in connection with the Project as set forth herein. In consideration for Title I services performed, the Owner will reimburse the Consultant for allowable direct and indirect costs, as defined herein, and pay the Consultant a fixed fee. If Title 11 services are to be performed, the Owner will reimburse the Consultant for allowable direct costs and also pay the Consultant an amount determined by multiplying the salary rate of the individual(s) performing the Title II services, as shown on the Schedule of Salary Ranges, by the Title 11 Multiplier. 2.2. The Project to be performed under this Agreement is a federally -assisted project and federal funds will be used, in part, to pay the Consultant. Therefore, notwithstanding any provision of this Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of 48 C.F.R. Part 31, and the Consultant shall certify the accuracy of all invoices and requests for payment, along with supporting documentation and any information provided in determining the Indirect Cost Rates. 3. COSTS. FEES. AND PAYMENT 3.1. Allowable costs. 3.1.1. Allowable costs are subject to the limitations, regulations, and cost principles and procedures in 48 C.F.R. Part 31, which are expressly incorporated into this Agreement by reference. For the purpose of reimbursing allowable costs (except as provided in subparagraph 2 below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only - 3.1.1.1. Those recorded costs that, at the time of the request for reimbursement, the Consultant has paid by cash, check, or other form of actual payment for items or services purchased directly for the Agreement; 3.1.1.2. When the Consultant is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for— • Materials issued from the Consultant's inventory and placed in the production process for use in its performance under this Agreement, • Direct labor, • Direct travel; • Other direct in-house costs; and • Properly allocable and allowable indirect costs, as shown in the records maintained by the Consultant for purposes of obtaining reimbursement under government contracts; and • The amount of progress payments that have been paid to the Consultant's subcontractors under similar cost standards. 3.1.2. Consultant's contributions to any pension or other post -retirement benefit, profit- sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes; provided, that the Consultant pays the contribution to the fund within 30 days after the close of the period covered. Payments made 30 days or more after the close of a period shall not be included until the Consultant actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until the Consultant actually makes the payment 3.1.3. Notwithstanding the audit and adjustment of invoices or vouchers, allowable indirect costs under this Agreement shall be obtained by applying Indirect Cost Rates established in accordance with Subsection 3.3 below. 3.1.4. Any statements in specifications or other documents incorporated in this Agreement by reference designating performance of services or furnishing of materials at the Consultants expense or at no cost to the Owner shall be disregarded for purposes of cost -reimbursement. 3.2. Salaries. The following schedule covers the classification of personnel and the salary ranges for all personnel anticipated to be assigned to this project by the Consultant: 3.2.1.1. SCHEDULE OF SALARY RANGES Salary Ranae (Dollars/Hour) Min. Max. Project Director 40.00 75.00 Project Manager 40.00 60.00 Transportation Planner 40.00 60.00 Roadway Engineer 30.00 55.00 Bridge Engineer 30.00 55.00 Senior Engineer 45.00 55.00 Engineer 11 30.00 45.00 Engineer I 20.00 35.00 Engineering Designer 11 25.00 35.00 Engineering Designer 1 12.00 25.00 CADD Technician II 25.00 35.00 CADD Technician 1 12.00 25.00 Party Chief 15.00 25.00 Survey Tech 12.00 20.00 Landscape Architect 30.00 50.00 Environmental Scientist 20.00 40.00 Administrative Assistant 10.00 25.00 3.2.1.2. The Owner shall reimburse the Consultant for overtime costs only when the overtime has been authorized in writing by the Owner. When authorized, overtime shall be reimbursed at the rate of time and one-half for all nonexempt employees. Notwithstanding this provision, the Consultant must comply with all federal and state wage and hour laws and regulations, regardless whether the overtime is considered reimbursable under this Agreement. 3.3. Indirect Cost Rates. 3.3.1. Allowable indirect costs incurred by the Consultant shall also be reimbursed by the Owner at the Indirect Cost Rate. The Indirect Cost Rate of the Consultant for 4 this Agreement shall be the rate as set forth in subsection 1.11. If applicable, the Indirect Cost Rate for subcontractors shall be determined in the same manner and subject to the same limitations as the Consultant, and shall be listed for each subcontractor identified in Appendix A. The Indirect Cost Rate, or any adjustment thereto, shall not change any monetary ceiling, contract obligation, or specific cost allowance, or disallowance provided for in this Agreement except as provided for in sections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect costs pursuant to 48 C.F.R. Part 31 (°FAR°). 3.3.2. In establishing the Indirect Cost Rate or proposing any adjustment thereto, the Consultant shall, upon request, submit to the Owner, FHWA, or their representatives an audited indirect cost rate and supporting cost data in accordance with the requirements set forth in the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. 3.3.3. During the term of this Agreement, if an audit of a subsequent accounting period of the Consultant demonstrates that the Consultant has incurred allowable indirect costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be adjusted. Any adjustment is subject to the audit and documentation requirements of the FAR and the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. Except in the case of a provisional Indirect Cost Rate, as provided in the following subparagraphs, or the disallowance of cost following a subsequent audit, any adjustment to the Indirect Cost Rate shall be effective only prospectively from the date that the adjustment is accepted. 3.3.4. In order to expedite some projects, when an audited indirect cost rate has not yet been submitted and approved, the Owner may extend a temporary waiver and accept a provisional indirect cost rate. This provisional rate must be reviewed by, and receive a positive recommendation from the Arkansas Highway and Transportation Departments Chief Fiscal Officer. The provisional cost proposal must be accompanied by written assurance from an independent CPA that he/she has been engaged to audit the costs in accordance with the above requirements. The anticipated audit must be based on costs incurred in the most recently completed fiscal year for which the cost data is available, with the audit scheduled to begin within a reasonable time frame. If the date of the initial cost proposal is within the last quarter of the current fiscal year, the audit may be delayed until the current fiscal year is closed and the final cost data is available. The written assurance from the CPA that he or she has been engaged to perform the audit at an appropriate time is still required. 3.3.5. Once an audited indirect cost rate is approved, the ceiling prices provided for in the initial agreement using the provisional indirect cost rate will be adjusted with a supplemental agreement to implement the resulting increase or decrease from revising the indirect cost rate, and all amounts paid the consultant prior to receipt and acceptance of an audited indirect cost rate will be retroactively adjusted for changes in the indirect cost rate. However, no changes in hours, fixed fees, or other costs will be allowed as a result of applying the audited indirect cost rate. 3.4. Fees. The justification for the fees and costs is contained in Appendix A. In addition to reimbursement of the allowable costs as set forth above, the Owner shall pay to the Consultant a fixed fee of $17,255.40 for Title I Services. For Title II Services, if applicable, the Owner shall reimburse the Consultant for allowable direct costs and also pay to the Consultant an amount determined by multiplying the salary rate of the individual(s) performing the Title 11 Services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. The Title Il Multiplier shall account for all fees and indirect costs associated with Title II services. 5 3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and payment of the fees shall be made as follows, unless modified by the written agreement of both parties: 3.5.1. Not more often than once per month, the Consultant shall submit to the Owner, in such form and detail as the Owner may require, an invoice or voucher supported by a statement of the claimed allowable costs for performing this Agreement, and estimates of the amount and value of the work accomplished under this Agreement. The invoices for costs and estimates for fees shall be supported by any data requested by the Owner. 3.5.2. In making estimates for fee purposes, such estimates shall include only the amount and value of the work accomplished and performed by the Consultant under this Agreement which meets the standards of quality established under this Agreement. The Consultant shall submit with the estimates any supporting data required by the Owner. At a minimum, the supporting data shall include a progress report in the form and number required by the Owner. 3.5.3. Upon approval of the estimate by the Owner, payment upon properly executed vouchers shall be made to the Consultant, as soon as practicable, of 100 percent of the allowed costs, and of 90 percent of the approved amount of the estimated fee, less all previous payments. Notwithstanding any other provision of this Agreement, only costs and fees determined to be allowable by the Owner in accordance with subpart 31.2 of the Federal Acquisition Regulations (FAR) in effect on the date of this Agreement and under the terms of this Agreement shall be reimbursed or paid. 3.5.4. Before final payment under the Agreement, and as a condition precedent thereto, the Consultant shall execute and deliver to the Owner a release of all claims against the Owner arising under or by virtue of this Agreement, other than any claims that are specifically excepted by the Consultant from the operation of the release in amounts stated in the release. 3.6. Title I Services, Title Il Services, and Contract Ceiling Prices. The parties agree that aggregate payments under this Agreement, including all costs and fees, shall not exceed the Contract Ceiling Price. The parties further agree that aggregate payments for Title I services under this Agreement, including all costs and fees, shall not exceed the Title I Services Ceiling Price; and that aggregate payments for Title II services under this Agreement, including all costs and fees, shall not exceed the Title II Services Ceiling Price. No adjustment of the Indirect Cost Rate or the Title II Multiplier, claim, or dispute shall affect the limits imposed by these ceiling prices. No payment of costs or fees shall be made above these ceiling prices unless the Agreement is modified in writing. 3.7. Final payment. 3.7.1. The Consultant shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but no later than forty-five (45) days (or longer, as the Owner may approve in writing) after the completion date. Upon approval of the completion invoice or voucher, and upon the Consultant's compliance with all terms of this Agreement, the Owner shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid. 3.7.2. The Consultant shall pay to the Owner any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Consultant or any assignee under this Agreement, to the extent that those amounts are properly allocable to costs for which the Consultant has been reimbursed by the Owner. Reasonable expenses incurred by the Consultant for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Owner. Before final payment under this Agreement, the Consultant and each assignee whose assignment is in effect at the time of final payment shall execute and deliver— • An assignment to the Owner, in form and substance satisfactory to the Owner, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Consultant has been reimbursed by the Owner under this Agreement; and, • A release discharging the Owner, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this Agreement. 3.8. Owner's Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of the services of the Consultant and made against the Owner, (2) evidence of fraud, over- billing, or overpayment; (3) inclusion of non -allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) the Consultant's default or unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its obligation to continue to perform its services under this Agreement. 4. DISALLOWANCE OF COSTS 4.1. Notwithstanding any other clause of this Agreement, the Owner may at any time issue to the Consultant a written notice of intent to disallow specified costs incurred or planned for incurrence under this Agreement that have been determined not to be allowable under the contract terms. 4.2. Failure to issue a notice under this Section shall not affect the Owner's- rights to take exception to incurred costs. 4.3. If a subsequent audit reveals that: (1) items not properly reimbursable have, in fact, been reimbursed as direct costs; or (2) that the Indirect Cost Rate contains items not properly reimbursable under the FAR; then, in the case of indirect costs, the Indirect Cost Rate shall be amended retroactively to reflect the actual allowable indirect costs incurred, and, in the case of both direct and indirect costs, the Owner may offset, or the Consultant shall repay to Owner, any overpayment. 5. RECORDS & AUDITS 5.1. Records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. 5.2. Examination. The Consultant shall maintain, and the Owner, AHTD, FHWA, and their authorized representatives shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have been incurred or anticipated to be incurred in performance of this Agreement. This right of examination shall also include examination and audit of any records considered, relied upon, or relating to the determination of the Indirect Cost Rate or any certification thereof, including any CPA audit relied upon to establish the rate. This right of 7 examination shall also include inspection at all reasonable times of the Consultant's offices and facilities, or parts of them, engaged in performing the Agreement. 5.3. Supporting Data. If the Consultant has been required to submit data in connection with any action relating to this Agreement, including the negotiation of or pre -negotiation audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost reimbursement, request for payment, request for an adjustment, or assertion of a claim, the Owner, AHTD, FHWA, or their authorized representatives, in order to evaluate the accuracy, completeness, and accuracy of the data, shall have the right to examine and audit all of the Consultants records, including computations and projections, related to— • The determination or certification of the Indirect Cost Rate, including any independent CPA audit or certification thereof, • Any proposal for the Agreement, subcontract, or modification; • Discussions conducted on the proposal(s), including those related to negotiating; • Fees or allowable costs under the Agreement, subcontract, or modification; • Performance of the Agreement, subcontract or modification; or, • The amount and basis of any claim or dispute. 5.4. Audit. The Owner, AHTD, FHWA, or their authorized representatives, shall have access to and the right to examine any of the Consultants records involving transactions related to this Agreement or a subcontract hereunder. 5.5. Reports. If the Consultant is required to furnish cost, funding, or performance reports, the Owner, AHTD, FHWA, or their authorized representatives shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of the Consultants policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported. 5.6. Availability. The Consultant shall retain and make available at its office at all reasonable times the records, materials, and other evidence described in this Section and Section 28, Disputes and Claims, for examination, audit, or reproduction, until five years after final payment under this Agreement, or for any longer period required by statute or by other clauses of this Agreement. In addition - 5.6.1. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be retained and made available for five years after the termination; and, 5.6.2. Records relating to any claim or dispute, or to litigation or the settlement of claims arising under or relating to this Agreement shall be retained and made available until after any such claims or litigation, including appeals, are finally resolved. 5.7. The Consultant shall insert a clause containing all the terms. of this Section in all subcontracts under this Agreement. 6. DESCRIPTION OF THE PROJECT 8 The City of Fayetteville is enlisting the engineering consulting services of Carter & Burgess, Inc. to provide consulting services for transportation infrastructure improvements in a project area generally bounded by College Avenue, Interstate 540 from the Fulbright Expressway to Exit No. 69, Millsap Road, and the Fayetteville City Limits. The general scope of services consists of. 1. Analysis of existing traffic patterns in the Project Area, and projection of future traffic flows. 2. Development of alternatives for infrastructure improvements to assist traffic movement through the project area, with particular attention paid to the development of infrastructure that facilitates ingress and egress to the growing retail/restaurant/office/medical facility areas located in and near the Project Area. 3. Preparation of a Study Report, to include conceptual designs of recommended improvements, traffic study results, estimates of probable cost for recommended improvements, and recommended construction priorities and phasing. This study will be developed in three phases: • Phase 1: Data collection • Phase Il: Network analysis and identification of recommended improvements • Phase III: Study Report, Supporting Graphics and Council Presentation 7. INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY CONSULTANT 7.1. Project Assumptions 1. Alternatives to be developed Alternatives will be recommended for two stages of improvements: short-term and long- term. The time frame for these improvements is defined as follows. • Short-term Improvements: Items to be completed with the federal earmarked funds and to be completed on or before 2010. • Long-term Improvements: Items needed to maintain the City selected measure of effectiveness (MOE) for projected 2025 traffic volumes. 2. Design Year The design year will be 2025. 3. Population Projections and Growth Rate Carter -Burgess will also obtain and input AHTD growth rates and other existing data as appropriate. 4. Land Use Analysis The City provided Population Projections and Growth Rate and the current build -out trend will be used to project future traffic growth in and around the project area. 5. Existing Master Street Plan The Master Street Plan and roadway improvement plans will be used to establish the future roadway network in the study area. 7.2. Phase I — Data Collection 1. Kick off Meeting C&B will lead an informal meeting with City Staff to discuss topics identified in the scope, including scheduling, confirmation of points of contact, and verification of billing procedures. 2. Data Collection Meeting(s) C&B will coordinate with and/or meet with surrounding Cities and Agencies as needed, including, but not limited to: the City of Springdale regarding the relocation of Johnson Road, the City's Park and Recreation Department to discuss future trail and pedestrian access and future park lands within the study area, Ozark Regional Transit and the University of Arkansas regarding existing and proposed transit routes in the project area, and the City's traffic division regarding assembly of information and data relative to the existing traffic operations at existing signalized intersections included in the project area. C&B will conduct multiple meetings with City Staff, AHTD, and any other City invited stake holders to discuss the project. 3. Traffic Data Collection and Origin/Destination Survey By utilizing video cameras, and both on-line and mail -in surveys a limited origin/destination survey will be conducted for the study area. Items to be accomplished are as follows: A. 24 -hour electronic traffic counts and hand turning movements will be performed at key locations on a typical weekday and weekend night at specific locations to determine am, pm, and noon hour travel patterns for in the project area. The following locations will be included: • Area A — Great House Springs Road/Main Street and 1-540 (Johnson) • Area B - S. Wilkerson Street at Main Street (Johnson) • Area C - Joyce at Gregg/S. Wilkerson Street • Area 0 —Van Asche and Gregg • Area E - Shiloh at Ramps • Area F - Shiloh at Gregg • Area G - Futrall at Gregg • Area H - Futrall at Ramps • Area I - North College and Millsap • Area J - North College and Joyce - Phase I • Area J - North College and Joyce - Phase II • Area K - North College and Shepard Lane • Area K - North College and Shepard Lane - Phase II • Area L - North College and Zion - Phase I • Area L - North College and Zion - Phase II • Area M - Main Street at North College • Area N - Steele at Joyce • Area O- Shiloh at Steele • Area P - Mall and Joyce • Area P - Johnson and Main (Johnson) • Area R - Great House Springs Road/Main Street and Carley (Johnson) B. On-line and mail in surveys. Specifically this will contain: a) An on-line survey utilizing the Carter & Burgess public website b) One thousand (1,000) postage paid mail -in surveys will be distributed to local businesses in the project area that agree to cooperate in distributing the questionnaires to their employees. Data resulting from this survey will be tabulated, and analyzed. Survey results will be documented in the final report. 10 4. Existing Network Conditions An inventory of the existing roadway and trail systems will be compiled. In general the data will include: • Roadway name and highway designation and existing functional classification • Access control (none, partial, full) • Street data including right-of-way width, average pavement width and type, median type, lane configuration, etc. • One-way or two-way traffic operation • Turn lane locations • Median type (raised, flush, depressed, or none) • Presence or absence of on -street parking • Presence or absence of sidewalks, both sides or one -side only • Pedestrian crosswalks and associated traffic control devices • Posted speed limits • Signalized intersections • Two-way and four-way stop sign and yield sign controlled intersections • Grade separations or interchanges • Railroad/roadway grade crossings with type of crossing protection (crossbucks, lights, gates) • Transit Systems • Multi -Use Trails, Pedestrian and Bike Paths (Designated/Traveled) 7.3. Phase 11- Conduct Network Analysis & Identify Improvements 1. Project Traffic Volumes C&B will forecast traffic volumes and demands for the design year 2025 and interim year 2010. These forecasts will be used in capacity analysis. calculations conducted as a part of this study. The forecasts will be verified with the City and/or compared with other City and regional studies before proceeding. 2. Perform Existing Traffic/Network Analysis C&B will develop a traffic model of the study area. Various modeling softwares will be utilized to conduct an analysis of existing AM and PM peak period street operations within the project area. As mutually agreed by both the Engineer and the City of Fayetteville, the modeling software will be performed in one or more of the following traffic software, SYNCHRO, CORSIM, SimTraffic or TSPPD. The model will investigate the traffic movement both as a whole and isolated areas. C&B will analyze existing traffic access and circulation, including identification of roadway deficiencies. In general, the roadways to be analyzed are as follows. • Great House Springs Road/Main Street in Johnson (1-540 to N. College) • Gregg/S. Wilkerson Street (Main Street to Appleby) • Steele Boulevard (Shiloh Drive to the NWA Mail) • Mall Avenue (Shiloh Drive to the NWA Mall) • Joyce Boulevard (Gregg to Old Missouri) • Shiloh (Gregg to Mall) • Futrall/Millsap (Gregg to N. College) • North College (Milisap to Main Street) Included in the traffic model will be the evaluation of pedestrian movements to identify pedestrian demand at critical locations, and the influence of vehicular 11 operations to this demand. The planned and funded improvements for pedestrians, bicycles and transit vehicles will be included. 3. Analysis of Existing Deficiencies/Needs The roadway systems will be modeled and analyzed to determine the major deficiencies. The results of this model will indicate roadway deficiencies, needs at the intersections, and will indicate the traffic operating conditions that occur in 2010 and 2025. Measures of Effectiveness will be developed, to include average vehicle speed, vehicle stops, vehicle delay, vehicle hours of travel, intersection level of service (LOS), maximum queue length per lane, or other criteria to be determined. 4. Develop Conceptual Improvements The deficiencies/needs model will be presented to City staff, along with a listing of potential improvement projects. Three improvement projects will be presented to the City in conceptual format to correct "major" deficiencies with order of magnitude cost estimates. "Major" deficiencies are defined as areas in the model that are failing to move traffic in an effective manner (probably a LOS D or F) and that will require a construction budget over $3 million. The three City approved improvement projects will modeled with AM and PM traffic volumes and presentation to AHTD. 5. Analyze/Evaluate Selected Scenarios The traffic models along with the ranking of the projects by MOE and comments from AHTD will be presented to the City Street Committee. Based on input from the Street Committee and others, the improvements to be constructed with the available federal funding will be finalized to a single preferred alternative. The City selected, AHTD approved alternative model will be refined for presentation, construction cost finalized and conceptual sketches of site amenities (trees, parks, trails) will be prepared. 6. Environmental Screening A preliminary environmental screening of the selected alternative will be performed to determine any major environmental issues that might represent a "fatal flaw" and prevent timely implementation of the recommended improvements. Existing information from available sources will be compiled and reviewed to identify environmental resources and characteristics of the study area. Potential environmental impacts of the recommended improvements will be considered in general terms to determine the likelihood of any issues or concerns that might require further detailed environmental analysis. The potential need for environmental surveys, assessments, or impact analysis will be noted. If a "fatal flaw" exists then C&B will immediately contact the City before proceeding. 7.4. Phase III - Study Report, Supporting Graphics and Council Presentation The study findings, conclusions, and recommendations resulting from all the previous tasks will be documented in a summary report including appropriate text, tables, and figures. Data and methodology will be included in appendices, as appropriate. 12 A draft study report will be prepared and submitted for review and comment by the City. Following receipt of the City's review comments, the final study report will be prepared and submitted. The final study report will also be provided in electronic format on CD. The final model will include roadway/geometric changes and traffic signal system improvements including integrated Synchro and TSPPD models to obtain optimized signal timing for the network. This model will be for the worst case traffic condition and will include planned future improvements with the recommended transportation improvements identified by the study. The recommended improvements and corresponding model, the landscape architect's sketches, and estimated cost will be presented to the Street Committee and City Council. Four models will be presented, in summary, these models are: 1. Traffic conditions for years 2010 and 2025 with only the currently planned and programmed improvements or the "no additional action" alternative. 2. Proposed Improvements — Short-term Improvements with ear marked funded improvements included for years 2010 and 2025. The presentation will be a PowerPoint presentation including an overview of the project, the proposed improvements with cost estimates, the traffic models and color display boards. 8. INFORMATION TO BE PROVIDED BY THE OWNER 1. Population Projections and Growth Rate The City will provide the latest Census data for existing populations and the population projections developed for City Plan 2025 to the Engineer and for use in traffic forecasting. 2. Land Use Analysis The future land use plan and as well as any planned or proposed improvements/developments for the study area will be provided by the City. The Population Projections and Growth Rate and the current build -out trend will be provided for use in projecting future traffic growth in and around the project area. 3. Existing Master Street Plan The existing Master Street Plan for the study area and any planned or proposed roadway improvements for the project area will be provided by the City. 9. TITLE II SERVICES TO BE PROVIDED BY CONSULTANT None under current contract 10. COORDINATION WITH OWNER 10.1. Throughout the Project, the Consultant shall hold bi-monthly conferences in Fayetteville, Arkansas, or such other location as designated by the Owner, with representatives of the Owner, the AHTD, and the FHWA so that as the Project progresses, the Consultant shall have full benefit of the Owner's knowledge of existing needs and facilities and be consistent with the Owner's current policies and practices. The extent and character of the work to be done by the Consultant shall be subject to the general oversight and approval of the Owner. 13 11. OFFICE LOCATION FOR REVIEW OF WORK 11.1. Review of the work as it progresses and all files and documents produced under this Agreement may be made by representatives of the Owner, the AHTD, and the FHWA at the Consultant's Northwest Arkansas Office located in Fayettevillle, Arkansas at One East Center Street, Suite B200, Fayetteville, Arkansas 72701 or the Central Arkansas Office in Little Rock at 10816 Executive Center Dr. Suite 300, Little Rock, AR 72211. 12. ACCESS TO PROPERTY 12.1. The Consultant's services to the Owner may require entry upon private property. The Owner will present or mail to private landowners a letter of introduction and explanation, describing the work, which shall be drafted by the Consultant. The Consultant will make reasonable attempts to notify resident landowners who are obvious and present when the Consultant is in the field. The Consultant is not expected to provide detailed contact with individual landowners. The Consultant is not expected to obtain entry by means other than the consent of the landowner. If the Consultant is denied entry to private property by the landowner, the Consultant will not enter the property. If denied entry to the property, the Consultant shall notify the Owner and advise the Owner of an alternate evaluation method if one is feasible. The Owner shall decide on the course of action to obtain access to the property. 13. DELIVERABLES The final Study Report will include: • conceptual designs of recommended improvements on existing aerial topography, • traffic study results, • estimates of probable cost for recommended improvements, • recommended construction priorities and phasing based on future traffic volumes Three copies of the final report will submitted to the City in paper format with 5 additional copies in PDF format on CD. Traffic models and data. 14. 14.1. Unless expressly disclosed in Appendix B, the Consultant may not subcontract any of the services to be provided herein without the express written approval of the Owner. All subcontractors, including those listed in Appendix B, shall be bound by the terms of this Agreement All subcontractors shall be subject to all contractual and legal restrictions concerning payment and determination of allowable costs, and subject to all disclosure and audit provisions contained herein and in any applicable federal or state law. 14.2. Unless the consent or approval specifically provides otherwise, neither consent by the Owner to any subcontract nor approval of the Consultant's purchasing system shall constitute a determination (1) of the acceptability of any subcontract terms or conditions, (2) of the acceptability of any subcontract price or of any amount paid under any subcontract, or (3) to relieve the Consultant of any responsibility, obligation, or duty under this Agreement. 14 14.3. No subcontract placed under this Agreement shall provide for payment on a cost- plus -a -percentage -of -cost basis, and any fee payable under cost -reimbursement subcontracts shall not exceed the fee limitations of the FAR. 14.4. Furthermore, notwithstanding any other provision within this Agreement, no reimbursement or payment for any markup of the cost of any subcontract shall be considered by the Owner without the express written agreement of the Owner. 14.5. Prompt Payment. The Consultant shall pay subcontractors for satisfactory performance of their subcontracts within 30 days of receipt of each payment by the Owner to the Consultant. Any retainage payments held by the Consultant must be returned to the subcontractor within 30 days after the subcontractor's work is completed. Failure to comply with this provision shall be considered a Default by the Consultant. If the Consultant fails to comply with this provision, in addition to any other rights or remedies provided under this Agreement, the Owner, at its sole option and discretion, may: • make payments directly to the subcontractor and offset such payments, along with any administrative costs incurred by the Owner, against reimbursements or payments otherwise due the Consultant; • notify any sureties; and/or, • withhold any or all reimbursements or payments otherwise due to the Consultant until the Consultant ensures that the subcontractors have been and will be promptly paid for work performed. 14.6. The Consultant shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 15. RESPONSIBILITY OF THE CONSULTANT 15.1. Notwithstanding any review, approval, acceptance, or payment by the Owner, the Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. 15.2. The Consultant shall demonstrate to the Owner the presence and implementation of quality assurance in the performance of the Consultant's work. The Consultant shall identify individual(s) responsible, as well as methods used to determine the completeness and accuracy of drawings, specifications, and cost estimates. 15.3. The Consultant further agrees that in its performance of work under this Agreement, it shall adhere to the requirements in the Design Standards of the AHTD and FHWA, which shall be incorporated herein by reference. 15.4. The Owner shall have the right at any time and in its sole discretion to submit for review all or any portion of the Consultant's work to consulting engineers engaged by the Owner for that purpose. The Consultant shall fully cooperate with any such review. 15.5. The Consultant and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. 15 15.6. Neither the Owner's review, approval, or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable to the Owner for all damages to the Owner caused by the Consultant's negligent performance of any of the services furnished under this Agreement. 15.7. The rights and remedies of the Owner provided under this Agreement are in addition to any other rights and remedies provided by law. 15.8. If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 16. WARRANTY OF SERVICES 16.1. Definitions. Acceptance, as used in this Agreement, means the act of an authorized representative of the Owner by which the Owner approves specific services, as partial or complete performance of the Agreement. Correction, as used in this Agreement, means the elimination of a defect. 16.2. Notwithstanding inspection and acceptance by the Owner or any provision concerning the conclusiveness thereof, the Consultant warrants that all services performed and work product under this Agreement will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this Agreement. 16.3. If the Consultant is required to correct or re -perform, it shall be at no cost to the Owner, and any services corrected or re -performed by the Consultant shall be subject to this Section to the same extent as work initially performed. If the Consultant fails or refuses to correct or re -perform, the Owner may, by contract or otherwise, correct or replace with similar services and charge to the Consultant the cost occasioned to the Owner thereby, or make an equitable adjustment in the Contract Price. 16.4. If the Owner does not require correction or re -performance, the Owner shall make an equitable adjustment in the Contract Price. 16.5. Nothing within this Section shall constitute a waiver or exclusion of any other right or remedy that the Owner may possess at law or under this Agreement. 17. TERM. COMMENCEMENT. AND COMPLETION 17.1. This Agreement shall commence on the effective date set forth above and remain in effect until the completion of the Consultant's Scope of Services, as defined herein, to be completed within a period of six (6) months, unless extended or terminated by the Owner in accordance with this Agreement. 17.2. The Consultant shall begin work under the terms of this Agreement within ten (10) days of receiving written notice to proceed. [If services are to be performed in subsequent phases, then each phase shall be commenced upon the Owner's approval of the previous phase. The Consultant shall not be entitled to any compensation or reimbursement for services performed in a phase unless and until it has received approval from the Owner to proceed with such services.) 17.3. It is further agreed that time is of the essence in performance of this Agreement., The Consultant shall complete the work, or each phase, as scheduled, and the Owner shall 16 provide any required approval of the work or phase meeting the requirements contained herein in a reasonable and timely manner. The Project shall be completed as follows: Final report to be delivered to Owner with six (6) months. 18. TERMINATION 18.1. The Owner may terminate this Agreement in whole or, from time to time, in part, for the Owner's convenience or because of the Default of the Consultant. 18.2. The Owner shall terminate this Agreement by delivering to the Consultant written notice of the termination. 18.3. Upon receipt of the notice, the Consultant shall: • Immediately discontinue all services affected (unless the notice directs otherwise). • Deliver to the Owner all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Agreement, whether completed or in process. • Terminate all subcontracts to the extent they relate to the work terminated. • In the sole discretion and option of the Owner, and if and only if requested to do so, assign to the Owner all right, title, and interest of the Consultant under the subcontracts terminated, in which case the Owner shall have the right to settle any claim or dispute arising out of those subcontracts without waiver of any right or claim the Owner may possess against the Consultant. • With approval or ratification by the Owner, settle all outstanding liabilities arising from the termination of subcontracts, the cost of which would be allowable in whole or in part, under this Agreement. • Complete performance of any work not terminated. • Take any action that may be necessary, or that the Owner may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the Consultant and in which the Owner has or may acquire an interest. 18.4. If the termination is for the convenience of the Owner, the Owner shall make an equitable adjustment in the Contract Price, subject to the Ceiling Prices and Funding Limitations provisions, but shall allow no anticipated fee or profit on unperformed SeNlceS. 18.5. If the termination is for the Consultant's Default, the Owner may complete the work by contract or otherwise and the Consultant shall be liable for any additional cost incurred by the Owner. 18.6. Disputes and claims arising from termination of this Agreement shall be governed by Section 28, Claims and Disputes (48 CFR 31.205-42(e)(2)). 18.7. The rights and remedies of the Owner provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. 17 19. STOP WORK ORDERS 19.1. The Owner may, at any time, by written order to the Consultant, require the Consultant to stop all, or any part, of the work called for by this Agreement for a period of up to 90 days after the order is delivered to the Consultant, and for any further period to which the parties may agree. Upon receipt of the order, the Consultant shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop work order is delivered to the Consultant, or within any extension of that period to which the parties shall have agreed, the Owner shall either - 19.1.1. Cancel the stop work order, or 19.1.2. Terminate the work pursuant to Section 18, Termination. 19.2. If a stop work order issued under this Section is canceled or the period of the order or any extension thereof expires, the Consultant shall resume work. The Owner shall make an equitable adjustment in the delivery schedule or Contract Price, or both, and the Agreement shall be modified in writing accordingly, if— • The stop work order was not issued because of Consultant's Default in its performance of its obligations under any part of this Agreement; and, The stop work order results in an increase in the time required for, or in the Consultant's cost properly allocable to, the performance of any part of this Agreement; and, • The Consultant provides Notice of Potential Claim pursuant to Section 28, Disputes and Claims. 20. CHANGES 20.1. The Owner may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this Agreement, including but not limited to: (1) drawings, designs, or specifications; (2) time of performance (i.e., hours of the day, days of the week, etc.); and (3) places of inspection, delivery, or acceptance. 20.2. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this Agreement, whether or not changed by the order, the Owner shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both; (2) amount of any fee; and (3) other affected terms. 20.3. All claims and disputes shall be governed by the Section 28, Claims and Disputes. As provided in Section 28, the Consultant must provide written notice of its intention to make a claim for additional compensation before beginning the work on which the claim is based. If such notice is not given, the Consultant hereby agrees to waive any claim for such additional compensation. 20.4. Failure to agree to any adjustment shall be a dispute under Section 28, Disputes and Claims. However, nothing in this Section or any other provision of this Agreement shall excuse the Consultant from proceeding with the Agreement as changed. 18 21. OWNERSHIP OF DOCUMENTS & DATA 21.1. All project documents and data, regardless of form and including but not limited to original drawings, disks of CADD drawings, cross -sections, estimates, files, field notes, and data, shall be the property of the Owner. The Consultant shall further provide all documents and data to the Owner upon the Owner's request. The Consultant may retain reproduced copies of drawings and other documents. In the event that any patent rights or copyrights are created in any of the documents, data compilations, or any other work product, the Owner shall have an irrevocable license to use such documents, or data compilations, or work product. 22. PATENT AND COPYRIGHT INFRINGEMENT 22.1. The Consultant shall report to the Owner, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this Agreement of which the Consultant has knowledge. 22.2. In the event of any claim or suit against the Owner on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any supplies furnished or work or services performed under this Agreement, the Consultant shall furnish to the Owner, when requested by the Owner, all evidence and information in possession of the Consultant pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Consultant. 22.3. The Consultant agrees to include, and require inclusion of, the provisions of this Section in all subcontracts at any tier for supplies or services. 22.4. The Consultant shall indemnify the Owner and its officers, agents, and employees against liability, including costs and attorneys' fees, for infringement of any United States patent or copyright arising from the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Agreement, or out of the use or disposal by or for the account of the Owner of such supplies or construction work. 22.5. This indemnity shall not apply unless the Consultant shall have been informed within ten (10) business days following the Owner's receipt of legal notice of any suit alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to (1) an infringement resulting from compliance with. specific written instructions of the Owner directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the Agreement not normally used by the Consultant, (2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or (3) a claimed infringement that is unreasonably settled without the consent of the Consultant, unless required by final decree of a court of competent jurisdiction. 23. BANKRUPTCY 23.1. In the event the Consultant enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Consultant agrees to furnish, by certified mail, written notice of the bankruptcy to the Owner. This notice shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notice shall include the 19 date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of AHTD job numbers and FAP numbers for all contracts with Owner against which final payment has not been made. This obligation remains in effect until final payment under this Agreement. 24. FUNDING LIMITATIONS 24.1. The Owner's obligations under this Agreement are contingent upon the availability of appropriated funds from which payments under the terms of this Agreement can be made in this and each subsequent fiscal year for the duration of the Agreement. No legal liability on the part of the Owner of any kind whatsoever under this Agreement shall arise until funds are made available to the Owner for performance of this Agreement, including those to be appropriated and provided by the State of Arkansas and those to be provided by the United States. 25. SUCCESSORS AND ASSIGNS 25.1. This Agreement shall be binding upon the parties and their successors and assigns, and except as expressly set forth herein, neither the Owner nor the Consultant may assign, delegate, or transfer any benefit or obligation under this Agreement without the express written consent of the other party. Nothing herein shall be construed as a waiver of any immunity or as creating any personal liability on the part of any officer or agent of the Owner or any other governmental entity either made a party to, or having any interest in, this Agreement 26. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY 26.1. Indemnity. The Consultant shall hold harmless and indemnify the Owner and the AHTD, their officers, employees, and agents, from and for all claims and liabilities stemming from any wrongful (whether negligent, reckless, or intentional) acts or omissions on the part of the Consultant and its subcontractors, and their agents and employees. 26.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or representative of the Owner or the AHTD shall be liable to the Consultant in a personal or individual capacity under any term of this Agreement, because of any breach thereof, or for any act or omission in its execution or performance. 26.3. Independent Contractor Relationship. The parties intend that the Consultant shall be an independent contractor of the Owner and that the Consultant shall be liable for any act or omission of the Consultant or its agents, employees, or subcontractors arising under or occurring during the performance of this Agreement No act or direction of the Owner shall be deemed to be an exercise of supervision or control of the Consultants performance. 27. INSURANCE 27.1. Professional Liability Insurance Coverage. The Consultant shall maintain at all times during the performance of services under this Agreement professional liability insurance coverage for errors, omissions, and negligent acts arising out of the performance of this Agreement in an amount per claim of not less than five (5) times the original Contract Ceiling Price or $1,000,000, whichever is less. Such insurance shall extend to the 20 Consultant and to its legal representatives in the event of death, dissolution, or bankruptcy, and shall cover the errors, omissions, or negligent acts of the Consultant's subcontractors, agents, and employees. Such insurance shall extend to any errors, omissions, and negligent acts in the performance of services under this Agreement committed by the Consultant or alleged to have been committed by the Consultant or any person for whom the Consultant is legally responsible. 27.2. Deductible. The Consultant may maintain a professional liability insurance policy with a deductible clause in an amount approved by the Owner if, in the judgment and opinion of the Owner, the Consultant's financial resources are sufficient to adequately cover possible liability in the amount of the deductible. The Consultant shall submit promptly to the Owner, upon request as often as quarterly, detailed financial statements and any other information requested by the Owner to reasonably determine whether or not the Consultant's financial resources are sufficient to adequately cover possible liability in the amount of the deductible. 27.3. Worker's Compensation Insurance. The Consultant shall at all times during the Term of this Agreement maintain Worker's Compensation and Employers Liability Insurance as required under Arkansas law. 27.4. General Liability Insurance. The Consultant shall at all times during the term of this Agreement maintain comprehensive general liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000, and comprehensive automobile liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000, which shall cover all owned, hired, and non -owned vehicles. The Consultant's insurance coverage shall also cover restoration of plans, drawings, field notes, and other documents in the event of their loss or destruction while in the custody of the Consultant. 27.5. Insurance Policies and Certificates. The Consultant shall provide the Owner upon request copies of its insurance policies and evidence satisfactory to the Owner concerning the effectiveness and the specific terms of the insurance. Prior to the execution of this Agreement, the Consultant shall furnish to the Owner certificates of insurance reflecting policies in force, and it shall also provide certificates evidencing all renewals of any expiring insurance policy required hereunder within thirty (30) days of the expiration thereof. The Consultant's failure to provide and continue in force and effect any insurance required under this Article shall be deemed a Default for which Owner, in its sole discretion, may terminate this Agreement immediately or on such other terms as it sees fit. 27.6. Additional Insurance Requirements. All insurance maintained by the Consultant pursuant to this Section shall be written by insurance companies licensed to do business in Arkansas, in form and substance satisfactory to the Owner, and shall provide that the insurance will not be subject to cancellation, termination, or change during its term except upon thirty (30) days prior written notice to the Owner. 27.7. Duration of Insurance Obligations. The Consultant shall maintain its professional insurance coverage required under this Agreement in force and effect for a period not less than five years after the final acceptance of the project or the completion of the Consultant's services under this Agreement, whichever comes later. Comprehensive General Liability Insurance Coverage required under this Agreement shall be in full force and effect until the final acceptance or the completion of the Consultant's services, whichever comes later. All other insurance shall be maintained in full force and effect until final acceptance of the project or completion of the Consultant's services, whichever comes first. 21 27.8. Consultant's Insurance Primary. All insurance policies maintained by the Consultant pursuant to this Agreement shall provide that the consultant's insurance shall be primary and the Owner's own insurance shall be non-contributing. 27.9. Additional Insured. All liability insurance policies, except the professional liability policy, maintained by the Consultant pursuant to this Agreement shall be endorsed to include the Owner, its officers, directors, managers, employees, agents, assigns and representatives, individually and collectively, as additional insured, and all property damage insurance shall be endorsed with a waiver of subrogation by the insurer as to the Owner. 28. DISPUTES AND CLAIMS 28.1. Notice of Potential Claim. Whenever a Consultant deems that any additional compensation is due, the Consultant shall notify the Owner in writing of its intention to make a claim for additional compensation ("Notice of Potential Claim") before beginning the work that gives rise to the claim. 28.2. Time & Manner for Submitting Claim. All disputes and claims shall first be submitted in writing to the Owner within 45 calendar days after the completion or termination date. The Consultant hereby agrees that the failure to submit the dispute or claim to the Owner prior to 45 calendar days after the completion or termination date shall constitute a waiver of the dispute or claim. 28.3. Form. All disputes and claims must be submitted in writing and in sufficient detail to permit the Owner to determine the basis for entitlement and the actual allowable costs incurred. Each claim must contain: • A detailed factual statement of the claim providing all necessary dates, locations, and items of work .affected by the claim; • The date the actions resulting in the claim occurred or conditions resulting in the claim became evident; • A copy of the "Notice of Potential Claim"; • The name, title, and activity of each Owner's employee knowledgeable about facts that gave rise to such claim; • The name, title, and activity of each Consultant, Subcontractor, or employee knowledgeable about the facts that gave rise to the claim; • The specific provisions of the Agreement that support the claim and a statement why such provisions support the claim; • The identification and substance of any relevant documents, things, or oral communications related to the claim; • A statement whether the claim is based on provisions of the Agreement or an alleged breach of the Agreement; • If an extension of time is sought, the specific number of days sought and the basis for the extension; 22 • The amount of additional compensation sought and a specific cost breakdown of the amount claimed; and, • Any other information or documents that are relevant to the claim. 28.4. Decision and Appeal. The decision of the Owner shall be final and conclusive 28.5. Continued Performance. Pending final resolution of a dispute or claim, unless the Owner has terminated this Agreement pursuant to Section 18 or issued a stop work order pursuant to Section 19, the Consultant shall proceed diligently with the performance of this Agreement in accordance with the Owner's decisions. 28.6. The rights and remedies of the Owner provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. If the Owner decides the facts justify the action, the Owner may, at its sole option and discretion, receive and act upon a proposal, dispute, or claim submitted at any time before final payment under this Agreement. 29. COVENANT AGAINST CONTINGENCY FEES 29.1. The Consultant warrants that no person or agency has been employed or retained to solicit or obtain this Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Owner shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration, or otherwise recover, the full amount of the contingent fee. 29.2. Bona fide agency, as used in this Section, means an established commercial or selling agency, maintained by the Consultant for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence. 29.3. Bona fide employee, as used in this Section, means a person, employed by the Consultant and subject to the Consultant's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence. 29.4. Contingent fee, as used in this Section, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. 29.5. Improper influence, as used in this Section, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter. 30. TITLE VI ASSURANCES (NONDISCRIMINATION) During the performance of this Agreement, the Consultant, for itself, its successors, and its assigns, certifies and agrees as follows: 23 30.1. Compliance with Regulations. The Consultant shall comply with all regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation, 49 C.F.R. Part 21 and 23 C.F.R. Part 172, and as they may be amended from time to time ("Regulations"), which are hereby incorporated by reference and made a part of this Agreement. 30.2. Nondiscrimination. The Consultant, during the term of this Agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of material and leases of equipment The Consultant shall not participate either directly or indirectly in any discrimination prohibited by the Regulations, including employment practices. 30.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all solicitations, either by competitive bidding or negotiation, made by the Consultant for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultants obligations under this Agreement and the Regulations. 30.4. Information and Reports. The Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, and accounts, other sources of information, and its facilities by the Owner, the AHTD, or the FHWA for the purposes of investigation to ascertain compliance with such regulations and directives. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Owner, the AHTD, or the FHWA, as appropriate, and shall set forth the efforts made by the Consultant to obtain the records or information. 30.5. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the AHTD, or the FHWA may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies with the provisions and cancellation, termination, or suspension of the Agreement, in whole or in part. 30.6. Incorporation of Provisions. The Consultant shall include the terms and conditions of this Section in every subcontract or purchase order so that these terms and conditions will be binding upon each subcontractor or vendor. The Consultant shall take such action with respect to any subcontract or purchase order as the Owner, the AHTD, or the FHWA may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Consultant may request the Owner, the AHTD, or the United States to enter into the litigation to protect the interests of the State and the United States, respectively. 31. DBE CLAUSE 31.1. The Consultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions necessary to maintain compliance in the award and administration of DOT -assisted contracts. Failure by the Consultant to comply with or perform these requirements is a material breach of this Agreement, which may result in the cancellation, termination, or suspension of this Agreement in whole or in part, or such other remedy that the Owner may determine appropriate. 24 31.2. The Consultant shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 32. 32.1. The Consultant certifies, to the best of its knowledge and belief, that - 32.1.1. The Consultant and any of its Principals - 32.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal or state agency; 32.1.1.2. Have not, within a 3 -year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 32.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in Subsection 32.1.1.2; and, 32.1.1.4. The Consultant has not within a 3 -year period preceding this offer, had one or more contracts terminated for default by any federal or state agency. 32.2. Principals, for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18, United States Code, as well as any other applicable federal and state laws. 32.3. The Consultant shall provide immediate written notice to the Owner if, at any time prior to contract award, the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 32.4. The certification in Subsection 32.1 is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Consultant knowingly rendered an erroneous certification, the Owner may terminate the contract resulting from this solicitation for default in addition to any other remedies available to the Owner. 33. MISCELLANEOUS 33.1. General Compliance with Laws. The Consultant shall comply with all Federal, State, and local laws, regulations, and ordinances applicable to the work, including but not limited to, the Americans with Disabilities Act and Occupational Safety and Health Act as amended. 25 33.2. Registered Professional Engineer's Endorsement. All plans, specifications, estimates, and engineering data provided by the Consultant shall be endorsed and recommended by an authorized representative of the Consultant, who shall be a registered Professional Engineer licensed in the State of Arkansas. 33.3. Choice of Law. This Agreement shall be governed by the laws of the State of Arkansas without consideration of its choice of law provisions. 33.4. Choice of Forum. The Consultant agrees that any cause of action stemming from or related to this Agreement, including but not limited to disputes or claims arising under this Agreement, for acts or omissions in the performance, suspension, or termination of this Agreement, whether sounding in contract or tort, equity or law, may only be brought in the appropriate forum within State of Arkansas. 33.5. - No Waiver of Immunity. The Owner expressly does not waive any defense of immunity that it may possess under either federal or state law, and no provision in this Agreement shall be construed to constitute such a waiver in whole or in part. 33.6. Conflicts Between Laws, Regulations, and Provisions. In the event of conflicting provisions of law, the interpretation shall be governed by the following in this order, from most controlling to least: Federal law and regulations, State law and regulations, Department and FHWA Design Standards, and this Agreement. 33.7. Severability. If any term or condition of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, all remaining terms of this Agreement shall remain valid and enforceable unless one or both of the parties would be materially prejudiced. 33.8. No -Waiver. The failure of the Owner to strictly enforce any term of this Agreement shall not be construed as a waiver of the Owner's right to require the Consultant's subsequent performance of the same or similar obligation or duty. 33.9. Modification and Merger. This written Agreement and any provisions incorporated by reference reflect the entire agreement of the parties and may be modified only by the express written agreement of both parties. 34. CERTIFICATION OF AUTHORIZED REPRESENTATIVES 34.1. This Agreement and the certifications contained herein or attached hereto constitute the whole Agreement of the parties, and each party certifies that this Agreement and any attached certification have been executed by their duly authorized representatives. 35. NOTICE 35.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be addressed to either the Owner's Representative or the Consultant's Representative, and mailed or hand -delivered to: 35.1.1. To the Owner's Representative: City of Fayetteville Engineering Dept. Attn: Ron Petrie, PE 113 W. Mountain Fayetteville, Arkansas 72701 26 35.1.2. To the Consultant: Carter & Burgess, Inc. Attn: Kip Guthrie, PE One East Center Street, Suite B200 Fayetteville, Arkansas 72701 IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out above. :lames E. Arbuckle, Sr. Managing Principal City of F tteville, Ar sas BY: Name Title 27