HomeMy WebLinkAbout67-11 RESOLUTIONRESOLUTION NO. 67-11
A RESOLUTION TO DESIGNATE THE LOCATION OF WASHINGTON
REGIONAL MEDICAL CENTER AS THE NEW LOCATION OF AND THE
SUCCESSOR HOSPITAL OF THE CITY HOSPITAL, TO APPROVE AND
AUTHORIZE THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO
CONVEY THE CURRENT SITE OF THE CITY HOSPITAL TO
WASHINGTON REGIONAL MEDICAL CENTER, ALL CONTINGENT
UPON THE CONCURRENT ACTION OF THE BOARD OF TRUSTEES OF
THE CITY HOSPITAL TO DESIGNATE WASHINGTON REGIONAL
MEDICAL CENTER AS THE SUCCESSOR CITY HOSPITAL AND THE
DONATION OF APPROXIMATELY 1.1 ACRES BY WASHINGTON
REGIONAL MEDICAL CENTER FOR CONSTRUCTION OF THE
ROUNDABOUT AT NORTH HILLS BOULEVARD AND FUTRALL DRIVE.
WHEREAS, Mr. S.K. Stone and Mrs. Amanda M. Stone very generously deeded to
Fayetteville a city block of land "to be by the said city, held in trust and maintained as a city
hospital," in deeds of 1906 and 1909; and
WHEREAS, the citizens of Fayetteville taxed themselves to construct the City Hospital
soon after the property was conveyed to Fayetteville in trust and this hospital has served our
citizens well for over a century; and
WHEREAS, Washington Regional Medical Center was established in Fayetteville and
has served Fayetteville citizens well as our primary, full service hospital for many decades, first
at College and North and now at its current location on North Hills Boulevard; and
WHEREAS, because of the age and condition of the facilities on the land donated in
trust by the Stones to the City, it is appropriate to designate Washington Regional Medical
Center at North Hills Boulevard as successor City Hospital which is entitled to the current City
Hospital's premises in trust "to be devoted exclusively to the establishment and maintenance of
the successor City Hospital (WRMC).
NOW, THEREFORE 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 designates
Washington Regional Medical Center as the successor to the Stone City Hospital at its location
on North Hills Boulevard in Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
and authorizes Mayor Jordan to execute a Quit Claim Deed to Washington Regional Medical
Center of the property donated to the City of Fayetteville by the Stones in 1906 and 1909 to be
held by the City in trust until the location of the city hospital is changed and then "the entire
Page 2
Resolution No. 67-11
proceeds of the above described premises shall constitute a trust fund to be devoted exclusively
to the establishment and maintenance of the newly designated successor city hospital.
Section 3; That the City Council of the City of Fayetteville, Arkansas hereby expresses
its intent to rapidly appoint sufficient successor trustees to the board of trustees named in Stones'
1906 deed to establish at least a quorum so that the Board of Trustees can determine whether to
designate Washington Regional Medical Center as the successor to the Stone City Hospital at
Washington Regional's address on North Hills Boulevard in Fayetteville.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby gratefully
agrees to accept Washington Regional Medical Center's generous donation of approximately 1.1
acres of land needed for the Roundabout at the North Hills Boulevard and Futrall Drive
intersection to alleviate congestion and provide better traffic flow for Washington Regional
Medical Center's staff and patients and for other Fayetteville citizens.
PASSED and APPROVED this 19`t' day of April, 2011.
APPROVED:
go
ATTEST:
By:
n"a��
SO RA E. SMITH, City C1erk/Treasurer
,���nnirrrr�,
F'AYETTEVILLE a
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P.65
Chris Brown c�6
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
April 19, 2011
City Council Meeting Date
Engineering Development Services
Division Department
Action rtequirea:
A Resolution approving a counter offer by Washington Regional Medical Center for land necessary for construction
of a Roundabout at North Hills Blvd. and Futrali Drive, and authorizing the Mayor to sign any Agreements and Deeds
necessary to transfer the Citys interests in the City Hospital Property.
Cost of this request
Account Number
06035,1700
Project Number
Budgeted Item �X
$
13,412,545.00
Category 1 Project Budget
1,573,509.86
Funds Used to Date
$ 11,839,035.14
Remaining Balance
Budget Adjustment Attached
Transportation Bond Improvements
Program Category 1 Project Name
Street Improvements
Program 1 Project Category Name
2006A Sales Tax Construction
Fund Name
A- 0`k.1A. Al Previous Ordinance or Resolution #
Department D ctor Date
Original Contract Date:
Original Contract Number:
City Attorney Date
4C'4 Q Received in, City Clerk's Officp
Finance and Internal Service Director Date
4k Z . / ///� N -doll
Chief of ag Date Received in Mayor's Office z
it
Ma or D e
Comments:
•
ay e eVlle
-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 W
Date: April 1, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of April 19, 2011
Subject: A Resolution approving a counter offer by Washington Regional Medical Center for land necessary for
construction of a Roundabout at North Hills Blvd. and Futrall Drive.
PROPOSAL:
As part of the Transportation Bond Program, the City of Fayetteville is preparing to construct a Roundabout at the
intersection of North Hills Blvd. and Futrall Drive, to replace the existing 4 -way stop at this intersection. In order to
construct this roundabout, approximately 1.1 acres of property owned by Washington Regional Medical Center at the
corner of Futrall and North Hills must be acquired by the City as right of way. The City had an appraisal prepared to
determine the value of the right of way, and has made an offer to WRMC (based on the appraisal) in the amount of
$172,500.
WRMC has presented a counter offer whereby they will provide a deed to the City for the 1.1 acres at the roundabout site,
in return for the City's interest in the City Hospital property on South School Avenue and for the City's assistance in: 1)
terminating the lease agreement between the non-profit entity known as Fayetteville City Hospital and WRMC, 2)
transferring any licenses, permits, etc. held by Fayetteville City Hospital, and 3) any other actions required so that any
interest that the City or the non-profit entity known as Fayetteville City Hospital has in the Fayetteville City Hospital real
property, personal property, and other assets is transferred to Washington Regional Medical Center. The City Attorney's
Office has reviewed the proposal, and has provided legal advice on the steps to be taken with regard to this somewhat
complex proposal. The City Attorney has also developed the attached memo regarding the proposal.
The Street Committee reviewed the proposal at the last Committee Meeting on March 29, and voted 3-1 in favor of
moving forward with necessary steps to complete the acquisition of right of way from WRMC for the roundabout and the
transfer of property and assets of the Fayetteville City Hospital to WRMC.
RECOMMENDATION:
Staff recommends approval of a resolution that:
1) Accepts the offer of Washington Regional Medical Center to donate the right of way needed for the Roundabout
to the City, with the additional provision that WRMC will move its existing sign out of the new right of way at no
cost to the City.
2) Authorizes the Mayor to sign any Agreements and Deeds necessary to transfer the City's interests in the City
Hospital Property, provided said Agreements and Deeds meet the approval of the City Attorney.
3) Expresses the City Council's intent to appoint members to the Board of the Fayetteville City Hospital as
necessary to constitute a quorom so that the Board can take necessary actions to transfer their interests in the City
Hospital to WRMC.
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1
RESOLUTION NO.
A RESOLUTION TO DESIGNATE THE LOCATION OF WASHINGTON
REGIONAL MEDICAL CENTER AS THE NEW LOCATION OF AND TFIE
SUCCESSOR HOSPITAL OF THE CITY HOSPITAL, TO APPROVE AND
AUTHORIZE THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO
CONVEY THE CURRENT SITE OF THE CITY HOSPITAL TO
WASHINGTON REGIONAL MEDICAL CENTER, ALL CONTINGENT
UPON THE CONCURRENT ACTION OF THE BOARD OF TRUSTEES OF
THE CITY HOSPITAL TO DESIGNATE WASHINGTON REGIONAL
MEDICAL CENTER AS THE SUCCESSOR CPfY HOSPITAL AND THE
DONATION OF APPROXIMATELY 1.1 ACRES BY WASHINGTON
REGIONAL MEDICAL CENTER FOR CONSTRUCTION OF THE
ROUNDABOUT AT NORTH FIILLS BOULEVARD AND FUTRALL DRIVE.
WHEREAS, Mr. S.K. Stone and Mrs. Amanda M. Stone very generously deeded to
Fayetteville a city block of land "to be by the said city, held in trust and maintained as a city
hospital," in deeds of 1906 and 1909; and
WHEREAS, the citizens of Fayetteville taxed themselves to construct the City Hospital
soon after the property was conveyed to Fayetteville in trust and this hospital has served our
citizens well for over a century; and
WHEREAS, Washington Regional Medical Center was established in Fayetteville and
has served Fayetteville citizens well as our primary, full service hospital for many decades, first
at College and North and now at its current location on North Hills Boulevard; and
WHEREAS, because of the age and condition of the facilities on the land donated in
trust by the Stones to the City, it is appropriate to designate Washington Regional Medical
Center at North Hills Boulevard as successor City Hospital which is entitled to the current City
Hospital's premises in trust "to be devoted exclusively to the establishment and maintenance of
the successor City Hospital (WRMC).
NOW, THEREFORE 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 designates
Washington Regional Medical Center as the successor to the Stone City Hospital at its location
on North Hills Boulevard in Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
and authorizes Mayor Jordan to execute a Quit Claim Deed to Washington Regional Medical
Center of the property donated to the City of Fayetteville by the Stones in 1906 and 1909 to be
held by the City in trust until the location of the city hospital is changed and then "the entire
proceeds of the above described premises shall constitute a trust fund to be devoted exclusively
to the establishment and maintenance of' the newly designated successor city hospital.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby expresses
its intent to rapidly appoint sufficient successor trustees to the board of trustees named in Stones'
1906 deed to establish at least a quorum so that the Board of Trustees can determine whether to
designate Washington Regional Medical Center as the successor to the Stone City Hospital at
Washington Regional's address on North Hills Boulevard in Fayetteville.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby gratefully
agrees to accept Washington Regional Medical Center's generous donation of approximately 1.1
acres of land needed for the Roundabout at the North Hills Boulevard and Futrall Drive
intersection to alleviate congestion and provide better traffic flow for Washington Regional
Medical Center's staff and patients and for other Fayetteville citizens.
PASSED and APPROVED this 19°i day of April, 2011.
APPROVED: ATTEST:
By:
By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Weville
-AAKAN5A5�
Departmental Correspondence
TO: City Council Street Committee
FROM: Kit Williams, City Attorney
DATE: March 25, 2011
RE: City's ownership rights in City Hospital land
Kit Williams
City Atlorney
Jason B. Kelley
Assistant City nllorney
The City of Fayetteville is the legal owner of the City Hospital land,
but it only holds such land in trust. if the land is not to be used "as a city
Hospital, ... the entire proceeds of the above described premises shall
constitute a trust fund to be devoted exclusively to the establishment and
maintenance of such (new) city Hospital ...." (1909 Deed of Mr. & Mrs.
S.K. Stone to the City of Fayetteville; emphasis added.)
Mr. and Mrs. Stone very generously gave the City of Fayetteville an
entire city block upon which to build a city hospital. Their first deed in
1906 contained a strong reversionary clause that if the property "shall at
any future time be abandoned or cease to be used and maintained for
Hospital purposes, then the title to said real estate shall revert to us or our
heirs (1906 Deed, emphasis added) Their second deed in 1909
attempted to modify that reversionary clause to some extent by allowing
the future sale of the property if the city hospital had relocated, but
continued to require that all proceeds be "devoted exclusively" for the
new city hospital.
On February 2, 1962, Fayetteville City Attorney Bass Trumbo
furnished a letter to the Board of Trustees of the City Hospital to alleviate
the concerns of the Arkansas State Board of Health and the Dallas Office of
the Public Health Service in determining the advisability of granting the
City Hospital's Board of Trustees a Hill -Burton assistance grant to
construct a nursing home on the grounds of City Hospital. The
Public Health Service had already characterized the City Hospital as "a
non -acceptable hospital due to its obsolete construction" a half century ago.
Bass Trumbo wrote: "In my opinion, the conditions reserved in the
Warranty Deed of 1906 to the City of .Fayetteville, Arkansas, would not
prevent the construction of a nursing home on the property ...." I believe
this letter may have allowed the Hill -Burton grant to be awarded to the
City Board of Directors of the City Hospital for construction of the nursing
home facilities on the land. The land ownership remained legally with the
City which continued to hold the land in trust for hospital purposes only
pursuant to the requirements of the Stones' deeds.
It would be hard to dispute: that Washington Regional Medical
Center (which has always been located in Fayetteville) has long been the
true city hospital of Fayetteville. As such, the proceeds from any sale of the
current property of the City Hospital which "shall" ... be devoted
exclusively to ... such (new) city Hospital," must go to Washington
Regional, not the City of Fayetteville.
It is in Washington Regional's best interests to resolve this legal and
equitable ownership of the City Hospital land as quickly as possible. It
needs the agreement of the Fayetteville City Council to accomplish this
short of litigation. Thus, Washington Regional is willing to give the City
over an acre of land needed for the roundabout which should ease traffic
congestion for drivers seeking to go to or leave Washington Regional. This
voluntary conveyance and replacement of its sign would save our
taxpayers about $200,000.00.
I do not believe that the City of Fayetteville can ever realize any
money for its treasury from the sale of the City Hospital land.
Attempting to do so would require suing the Stone heirs, the City Hospital
Board of Directors and Washington Regional and asking that the Judge
ignore the clear wishes of the Stones who gave this property in trust to the
City of Fayetteville. I would not file such a suit unless explicitly directed to
do so by the City Council in its Resolution. I do not believe such a suit
would be successful.
On the other hand, Washington Regional could sue the City for the
land. The heirs of the Stone family and the City Hospital Board of
Directors could intervene. I am not certain how that suit would be
resolved, nor why the Fayetteville City Council would require such
litigation.
Conclusion
The City of Fayetteville has long worked cooperatively with
Washington Regional Medical Center, the City's second largest employer
and a very desirable corporate citizen of Fayetteville. Legally, WRMC is
probably entitled to the City Hospital land or any proceeds from the sale of
such property in the future. Facilitating this result now by designated
WRMC as the new replacement City .Hospital and conveying our interest
in the property to WRMC by quitclaim deed will avoid needless litigation,
probably save our taxpayers $200,000.00, and help our long established,
valued, non-profit Fayetteville hospital better serve our citizens.
(e)
WARRANTY DEED -
Know all men by these presents:- That we, S.K. Stone and Amanda M. Stone, his
wife for and in consideration of one dollar to us paid, and for the consideration and
purposes herein set forth, do hereby grant, bargain, sell and convey unto the City of
Fayetteville, in the State of Arkansas, the following real estate in the city of Fayette-
ville, in the County of Washington and State of Arkansas, to --wit:
A part of Block thirty seven (37) as designated on the plat of the original town of
Fayetteville, beginning at a point eighty (80) feet South of the Northeast corner of the
said block thirty seven (37) and running thence South one hundred and twenty eight (128)
feet, thence West one hundred and sixty (160) feet, thence South eighty (80) feet, thence
East one hundred and sixty (160) feet, thence South two hundred and sixty two (262) feet,
or to the Southeast corner of said Block thirty seven, and thence dost three hundred and
twenty five (325) feet and ten and a half (10-) inches, or to the Southwest corner of said
a
block, thence North four hundred and seventy (470) feet, or to a point due vaest of the
beginning, and thence East to the place of beginning, (subject to the use of the following
t
s
strip laid out as an allay, beginning one hundred and sixty feet West of the Northeast
corner of the said block and running thence South two hundred and eighty eight feet, thencE
Wrest fifteen feet, thence North .two hundred and eighty eight feet, and thence East fifteen
feet to the place of beginning.)
To have and to hold the said real estate, with all the improvements and appurtenances
thereto belonging, unto the said City of Fayetteville forever.
And we, hereby covenant with the City of Fayetteville that we are the lawful owners of the
said real estate, and have a lawful right to convey the same, that it is free from incumbi-
rance, and that we will warrant and defend the title against the lawful claims and demands
hof all. persons. This -conveyance is a gift to the City of Fayetteville, as a testimonial of
our affection for the people among whome we have passed our lives, and for the purpose of
enabling the city of Fayetteville, to establish and to maintain permanently a Hospital ,
which shall be knovrn as the Stone Hospital, and is made on the following express terms and
GREER ABSTRACT COMPANY
RELIABLE ABSTRAGTs SHEET No,
FAYETTEVILLE, ARKANSAS
conditions:-
First-
onditlonsi
First- If the City of Fayetteville shall fail to have a Hospital established and put in
'operation on the land hereby conveyed within four years from the date of this Conveyance the
jtitle to the said land shall revert to us or to our heirs. Sf. econd; If a Hosepital shall be
/
established on the said lands within four years after the aa.te of this conveyance and ahaLl
t any furture time be abandoned or ceased to be used and maintained for Hospital purposes
then the title to the said real estate shall revert to us or our heirs. The said Hospital
shall be under the supervision and control of a Board consisting of ,eleven members , to
be kDown as the Board of Control of the Stone Hosp� tal~ , fa
My�t..#Xi their successors_
,in office in perpetual succession, shall be appointed by the City Council of the city of
Fayetteville. The other seven shall consist of the following persons, one from the local
membership of the following religious bodies, to -wit: A.F. Wolf, of the methodist Episcopal
Uhurch,S6pth)Centra1 Church); W.B. Welch, of the Protestant Episcopal church , (St Paul's
Church);Sohn H. Harris of the Missionary Baptist,(First Baptist Church); Albert M. Byrnes,
of the Catholic 6hurch (St. Joseph's Church); P.R. Davidson, of the Christian '�hurch(First
Christian Church); E.S. McDaniel of the Presbyterian Church in the United States, (commonly
called,the Squthern Presbyterian Church). Bruce Holcomb, of the Presbyterian Church in the
United States 6f�Ataericai-)-..A�1�vscancjes that shall occur in the membership of the Board of
Control selected from the Churches named shall be filled by the Churches, respectively,so
that one member.of each offsaid :'Churches shall at all times be a member of the said board. B
if any such vacancy shall not be filled within three months by the Church in which it occurs
then it shall be filled by the City Council from the membership of such Church. And 1,
Amanda M. Stone, wife of the said S.K. Stone, for the consideration and upon the conditions
set forth in the foregoing conveyance, do hereby release and relinquish to the city of
Fayetteville Arkansas, all )fly right or possibility of dower and convey all my right of homo-.'!
stead in and to the land aforesaid. 11
Witness aur hands and seals this 8th day of September, 1906.
GREER ABSTRACT COMPANY
RELIABLE ABSTRACTS SHEET NO.
FAYETTEVILLE APKANAAA
DEED --
This Indenture made and entered into this 24th day of Fabruary 1909 b;;tvioen S.C.
Stone and his wife, Amanda. M. Stone of the City of Fayetteville, Washington County, t.rkansas
parties of the firot part and the City, of Fayetteville, Arkansas, party of the second part,
witnesseth :
WHEREAS, said parties of the first part, on the 8th day of September 1906 by their deed
of gift of that date conveyed unto said party of the second pert the following described
realestate situate in said ci, y,county and State to -wit:
A part of Block No. thirty seven (37) as designated on the plat of the original town of
Fayetteville, beginning at point eighty feet South of the "ortheast corner of said Dloc{
37 and running thence South one hundred and twenty eight feet, thence Vest one hundred and
sixty feet, thence South eighty feet thence East one hundred and sixty feet thence Squth two
hundred and sixty two feet or to the Southeast corner of said Block 37, and thence ';;est thre
hundred and twenty five feet, ten and one half inches or to the Southwest corner of said
block, thence North four hundred G.nd seventy feet or to a point due ''i -est of beginning And
thence Eust to the place of bebinning (subject to the use of the Sollowing strip laid
out as an alley; beginning 160 feet feet tiiest of the Northeast corner of said block and
running thence South 280 feet, thence -West 15 feet, thence North 280 feet, and thence I.Pr.st
15 feet to the place of beginning). as a testimonial of the affection of said grantors for
the people among whom they have passed their lives, and for the purposes of enabling said
city to establish and permanently maintain a Hospital: and,
Whereas) in the said deed of Septem-her 8th, 1906 there are certain conditions provi4ing
for a reversion of the premises, which may tend to retard the establishment end maintenance
of said Hospital.
Therefore, the said parties of the first part in consideration of the premises and of
one dollar to them paid by said party of the secand part, and for the purposes of more eff'ec
wally securing to said city and its inhabitants the benefits of such Hospital., do hereby
grant, bargain, sell and convey unto said party of second part, the lands and premises
GREER ABSTRACT COMPANY
R6LIASL.E /158TRAGT5 SHEET NO.
,r-.ve--rrc�iie a e AMWANAOS
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11's gm
above described't'o be by the said oity, Yield' In truat and mA4 tae A0 s 04 jr c
And in ease it should be determined hereafter to change the location of said Hospital, to
some other point in said city, in such case the entire porceeds of the above described
premises shall constitute a trust fund to be devoted exclusively to the establishment and
maintenance of such City Hoselpital at the point selected; and no such change of location
shall be made except by the concurrent action of the board of trustees named in said deed
September 8th, 1906. (o* their successors in trust) and the council of said city.
To have and to hold the above granted premises unto the said party of the second part
together with all and singular the appurtenances thereunto belonging.
And, Y Amanda M. Stone wife of the said S.K. Stone, for the consideration and purposes
aforesaid do hereby release and relkdquish unto said party of the second part all my right
of dower in and to said lands.
Witness our hands and seals this 24th day of February 1909.
S.K. Stone (Seal.)
State of ArkansasAmanda M. Stone. (Seal)
County of Washington
Be it remembered that on this day came before the undersigned, a
Notary Public within and for the county aforesaid, duly commissioned and acting a.y. Stone
to me well known as the grantor in the foregoing deed of conveyance and stated that he had
executed the same for the consideration and purposes therein mentioned and set forth.
And on the same day voluntarily appeared before me the said Amanda M. Stone wife of the
said S.K. Stone, to me well known, and in the absence of her said husband, acknowledged tha
she had, of her ow. free will executed said deed and signed and sealed the relinquishment o
dower in said deed for the consideration and purposes therein contained and set forth witiio
compulsion or undue influence of her said husband.
Witness my hand and seal as such Notary Public this 24th day of February 1909.
(Seal) E.B. VYall, Notary Public.
Filed for Record august 28th, 1909 5 P.M. Recorded in Volume 130 Page 127.
GREER ABSTRACT COMPANY ��
RELIABLE ABSTRACTS el�rzaT NO.
FAYETTRVII I C Ansearucec
MEMORANDUM
TO: Lioneld Jordan, Mayor, City of Fayetteville
Kit Williams, City Attorney, City of Fayetteville
FROM: Tom Olmstead, General Counsel Washington Regional Medicorp.
DATE: August 10, 2010
RE: Fayetteville City Hospital
Washington Regional Medicorp ("Washington Regional") currently operates a skilled nursing
and long-term care facility known as Fayetteville City Hospital ("FCH") located at 221 South
School Avenue in the City of Fayetteville. Washington Regional assumed the operation of FCH
in 1991 from Fayetteville City Hospital, an Arkansas nonprofit corporation, (the "Former
Nonprofit") pursuant to the teens of a certain Assignment and Lease Agreement dated July 26,
1991.
The current physical facility housing FCH is aged, with portions of the facility being nearly 100
years old, and is in need of replacement. While the quality of care rendered by Washington
Regional through FCH has not diminished, the condition of the physical plant is such that
business operations are being adversely impacted as families of patients incorrectly perceive that
the physical appearance of a facility is correlated to the quality of care rendered in that facility.
This perception exists even where a patient's physician recommends FCH and is exacerbated by
the fact that there are several new entrants within the market who have developed modern
facilities.
Washington Regional is desirous of exploring options to replace FCH but is constrained by debt
capacity issues of its affiliated organizations, existing capital projects and needs of those
affiliated organizations, and the fiscal uncertainty confronting the healthcare industry in the wake
ofrecent and forthcoming healthcare reform initiatives. Washington Regional has determined
that the viability of FCH as a going concern is dependent upon securing a replacement facility
and that the attainment of this objective is dependent upon forning a partnership with a suitable
third party to secure access to additional capital necessary to the construction of a replacement
facility.
A. The Assignment and Lease Agreement
Washington Regional acquired the FCH operation in 1991 from the Former Nonprofit pursuant
to the terms of an Assignment and Lease Agreement dated July 26, 1991 (the "Agreement"). As
a general statement, the Agreement consists of four basic elements, namely (i) a lease of the real
property upon which FCH is situate (all of Block 37 in the original plat of the City of
Fayetteville), (ii) a license to use the name "Fayetteville City Hospital", (iii) an assignment of the
Former Nonprofit's business operation, including all personal property, contractual obligations,
Lioneld Jordan, Mayor
Kit Williams, City Attorney
August 10, 2010
Page 2
and licenses and permits necessary to that business operation, and (iv) a commitment to provide
Washington Regional a quit claim deed for all other real property owned by the former nonprofit
other than the leased property.' In conjunction with the execution of the Agreement, the Former
Nonprofit transferred ownership of the leased premises by quitclaim deed to the City of
Fayetteville, Arkansas.
The Agreement has an initial term of 25 years, which commenced August 1, 1991, and affords
Washington Regional the option to renew the Agreement for two additional 25 year periods.
Therefore, the initial term of the Agreement shall expire July 31, 2016 and Washington Regional
has the option to extend the tern through July 31, 2066. Rent under the Agreement is
established at $625.00 for each 25 year lease term.
Washington Regional is obligated under the Agreement to utilize the leased premises for the
"purpose of providing health care, or for any other purpose incidental or related to or considered
by [Washington Regional] to the provision of health care." Washington Regional is precluded
from utilizing the leased premises in any manner that would result in the reversionary interest
discussed in Section B below being triggered.
Upon the expiration or termination of the Agreement, Washington Regional is obligated to return
the "leased premises and all improvements thereon to [the Former Nonprofit] together with any
related licenses to operate the hospital and nursing home ... together with the tangible personal
property received by [Washington Regional] which has not theretofore been disposed of ... in
the ordinary course of business."
The Agreement can be assigned by Washington Regional without the consent of any party or
third party so long as any such assignee promises to perform all of Washington Regional's
obligations under the Agreement. Washington Regional remains liable for performance of the
Agreement regardless of any such assignment. In addition, Washington Regional has the
unilateral right to sublease all or any portion of the leased premises.
The Reversionary Interest
The majority of the leased premises upon which ITCH was built is subject to a possibility of
reverter. The majority of the leased premises was conveyed to the City of Fayetteville by S.K.
Stone and Amanda Stone in 1906 for the purpose of constructing a hospital. The 1906 deed
contained a reversionary interest in favor of the heirs of SX and Amanda Stone. The
Washington Regional conveyed the majority of this real property, including additional parcels subsequently
purchased by Washington Regional, namely all of Block 34 in the original plat of the City of Fayetteville, to the
City of Fayetteville in 2002 for purposes of the construction of the Fayetteville Public Library.
Lioneld Jordan, Mayor
Kit Williams, City Attorney
August 10, 2010
Page 3
reversionary interest was amended by further deed executed in favor of the City of Fayetteville
by S.K Stone and Amanda Stone and filed of record on February 24, 1909, the stated purpose of
the amended deed being to revise "certain conditions providing for a reversion of the premises
which may tend to retard the establislunent and maintenance of said hospital." The possibility of
reverter set forth in the 1909 deed states that S.K Stone and Amanda Stone:
do hereby grant, bargain, sell and convey unto [the City of Fayetteville], the lands
and premises above described to be by the City, held in trust and maintained as a
city hospital. And in case it should be determined hereafter to change the location
of said hospital, to some other point in said City, in such case the entire proceeds
of the above described premises shall constitute a trust fund to be devoted
exclusively to the establishment and maintenance of such city hospital at the point
selected; and no such change of location shall be made except by the concurrent
action of the Board of Trustees named in the said deed of September 8, 1906, (or
their successors in trust), and the council of said City.2
The chain of title reflects that the City of Fayetteville held continuous ownership of the leased
premises from 1906 through November 21, 1978, at which time the City of Fayetteville
conveyed the property to the Former Nonprofit. That entity owned the property until the
conveyance mandated by the terns of the Agreement, which resulted in the property being
transferred back to the City of Fayetteville on August 6, 1991. At this point in time, therefore,
ownership of the leased property rests with the City of Fayetteville subject to the leasehold
interest of Washington Regional as established under the Agreement.
C. Proposal
Washington Regional believes it will be necessary to partner with a third party to secure the
capital required to replace FCH. Preliminary estimates indicate that at least $11 to $14 Million
Dollars will be required to replace the FCH facility. Neither Washington Regional nor its parent
or other affiliates are felt to have the debt capacity to assume such expense while simultaneously
meeting other system capital initiatives and maintaining WRMC's current bond obligations and
ratings. To position Washington Regional as an attractive partner to potential third parties and to
maximize the overall value of the current FCH enterprise for purposes of valuing the required
capital contribution required of any new FCH enterprise formed with a third party partner,
Washington Regional believes it necessary to secure ownership of the FCH license and real
' A possibility of reverter is not subject to the Rule Against Perpetuities. It is "the settled rule in Arkansas that a
possibility of reverter (retained in a conveyancel is treated as an interest retained by the grantor. We consider such an
interest as being vested at the time of its retention and therefore not subject to the Rule Against Perpetuities." Collins
v Church of God of Prophecy, 304 Ark. 37, 800 S.W.2d 418 (1990).
Lioneld Jordan, Mayor
Kit Williams, City Attorney
August 10, 2010
Page 4
property that is currently subject to the Agreement. Ownership of the license will likely be a
significant consideration for any lender seeking to collateralize any construction financing
extended to the new partnership. Furthermore, the value of the FCH enterprise, and thereby the
capital contribution required of a third party partner, would be further enhanced were
Washington Regional able to capitalize the value of the South School real estate which is subject
to the reversionary interest.
Washington Regional requests that the City/Former Nonprofit terminate the Agreement and
transfer the license and S. School real property to Washington Regional, with the S. School real
property being subject to a possibility of reverter in favor of the City and a purchase option in
favor of the City in the event Washington Regional were ever to elect to sell that real property.
The position of Washington Regional vis-a-vis potential partners and lenders would be enhanced
were Washington Regional's ownership of the nursing home license not subject to the obligation
to return the license to the Former Nonprofit upon the termination or expiration of the
Agreement. Further, the cost of securing a replacement FCH facility would be lessened were
Washington Regional able to capitalize the value of the current S. School location in conducting
capital contribution negotiations with potential third parties and financing negotiations with
potential lenders.
Washington Regional proposes that the City/Former Nonprofit transfer absolute ownership of the
nursing home license to Washington Regional and that the City quitclaim the S. School real
property to Washington Regional retaining a possibility of reverter in favor of the City and a
purchase option (e.g., right of first refusal) in favor of the City in the event Washington Regional
ever elected to sell the S. School real property. The subject proposal would permit Washington
Regional to capitalize the entire value of the FCH operation while retaining the right of the City
to ensure that any future disposition of the property comports with the possibility of reverter
contained in the 1909 deed and occurs with the formal blessing of the City and Former
Nonprofit. Furthennore, the proposal creates a mechanism whereby any such future disposition
of the real property could be handled in a manner that would permit the City and Washington
Regional to mutually benefit from the sale while honoring the terms of the possibility of reverter
set forth in the 1909 deed.
How might one envision a future sale of the S. School property inuring to the benefit of both the
City and Washington Regional while not triggering the possibility of reverter? Assume for
purposes of discussing the proposal that Washington Regional at some point in the future
determined to sell the S. School real estate. The deed necessary to effect the transfer of the S.
School real property to Washington Regional requires that the City and Former Nonprofit
approve Washington Regional's proposed use of the proceeds of any such sale in order to
Lioneld Jordan, Mayor
Kit Williams, City Attorney
August 10, 2010
Page 5
effectuate the intent of S.K. Stone and Amanda Stone as set forth in the 1909 reverter clause that
"the entire proceeds of the above described premises shall constitute a trust fund to be devoted
exclusively to the establishment and maintenance of such city hospital ... and no such change
of location shall be made except by the concurrent action of the Board of Trustees [of the Former
Nonprofit] ... and the council of said City." The possibility of reverter retained by the City in
its deed to Washington Regional ensures that the City is able to effect the intent and process
established by the 1909 grant without triggering the reversionary interest. In other words, the
City is in a position to ensure that the proceeds from any such sale are utilized in the construction
or maintenance of a future FCH replacement facility, the maintenance of the WRMC facility
(e.g., maintenance of trails, etc.), or the establishment of a trust fund that administers a health
related program operated by WRMC (e.g., County HIV Clinic, charitable care fund for City
residents, etc). Furthermore, as the City has retained a purchase option in its deed to Washington
Regional, the City is in a position to purchase the property for use by the City, the Fayetteville
Public Library, or some other agent of City government.
A strong argument can be made that any such action would fulfill the express intent of S.K. and
Amanda Stone as set forth in the reversionary clause of the 1909 deed thereby terminating the
possibility of reverter. The original 1906 deed from S.K. and Amanda Stone contained such a
restrictive reversionary clause that it was amended in 1909 in recognition that the prior clause
contained "certain conditions" that tended to "retard the establishment and maintenance of said
hospital." Among the restrictive provisions that were eliminated was the requirement that the
property be forever utilized by the City as a city hospital for a provision in the 1909 deed that
states:
And in case it should be determined hereafter to change the location of said
hospital, to some other point in said City, in such case the entire proceeds of the
above described premises shall constitute a trust fund to be devoted exclusively to
the establishment and maintenance of such city hospital at the point selected.
When the Fayetteville City Hospital was constructed in 1912 there was no other hospital located
within the City of Fayetteville. Washington Regional Medical Center was not constructed until
1950. An obvious intent of the Stone family was that there be a hospital within the City of
Fayetteville. In reforming the reversionary clause through the 1909 deed, the Stone family
further realized that there may come a time when the City/Former Nonprofit determined that the
location of the City hospital may need to change. Provided the proceeds of the sale of the S.
School property were utilized in the establishment and maintenance of a City hospital at some
other location within the City, the Stone family gave the City the option to sell the S. School
location to facilitate that determination. A strong argument can be advanced that the possibility
of reverter would terminate were the City and Former Nonprofit to utilize the proceeds in the
Lioneld Jordan, Mayor
Kit Williams, City Attorney
August 10, 2010
Page 6
construction of a replacement FCH at another location within the City of Fayetteville or direct
those proceeds to the establishment or maintenance of facilities and/or programs at the new
hospital located within the City, namely WRMC.
Washington Regional firmly believes that the replacement of the existing FCH facility on the S.
School location is dependent upon a restructuring of the current arrangement which will permit
Washington Regional to own the nursing home license and S. School property. Washington
Regional believes that the arrangement can be restructured in a manner that will benefit the long-
term interests of patients and families cared for by Washington Regional as well as the interests
of the citizens of Fayetteville who are served by the City. We look forward to meeting with each
of you regarding the proposal this Thursday afternoon.
(Page 1 of 1)
-sih • � ► �c - I
Parcel No.
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT WE, the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTOR, for and in conformance with its duties pursuant to the
deeds from S.K. Stone and Amanda M. Stone to the City of Fayetteville conveying
their property, for the public advantage to the citizens and City of Fayetteville of
continuing and improved hospital and related care for Fayetteville Citizens and
economic benefit Inuring to our citizens and city, and for other good and valuable
consideration, the receipt of which is hereby acknowledged, do hereby grant, convey
and quitclaim unto Washington Regional Medical Center, an Arkansas nonprofit
corporation, hereinafter called GRANTEE, and unto Grantee's successors and
assigns, all of our right, title and interest, In and to the following described land
situated in the County of Washington, State of Arkansas, to -wit
Block Thirty-seven (37) on the original plat of the town (now City) of
Fayetteville. Arkansas, as per plat on the file in the office of the Circuit
Clerk and Ex -Officio Recorder of Washington County, Arkansas, LESS
AND EXCEPT easements of record and street right-of-way.
2m. 67 -ll
II��IIII���II3�11%1�TI�1�N11�1L�'i
Doo Ip: 01
Kind: DUITCLAIM DEED
Recorded: 10/13/2011 at 11:46:44 AM
Fee Amt: $15.00 PaQe 1 of 1
Washington Countv. AR
Bette Stam♦oe Circ0u1t Clark
0028645
File20 11-
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said grantee and
grantee's successors and assigns, forever.
The City of Fayetteville shall have the right of first refusal to purchase the real estate hereby conveyed. Should the
Washington Regional Medical Center elect to sell all or any portion of said real estate to a third party, the Clay of Fayetteville
shall have the right of first refusal to meet any such bona fide offer to purchase on the same terms and conditions as are set
forth in such third party's bona fide offer to purchase. Upon the Grantor's failure to meet such bond fide offer of purchase
within thirty (30) days after written notice thereof to Grantor from Grantee, Washington Regional Medical Center shall be free to
sell or convey the said real estate or any portion thereof to such third party only in accordance with the terms and conditions of
the third partys bona fide offer of sale as presented to the Grantor.
IN TESTIMONY WHEREOF, the name of the Grantor is hereto affixed by its Mayor and its seal affixed by its City Clerk
this _4L±_ day of October, 2011.
City of Fayetteville, Arkansas,
r jr,",A mu icipal co ration
= G�Y: C'c ••fAL
ayor
;FAYETftEIIILLE; y
y:Q SP�
J,SKAN•.Ja`• [SEAL]
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin and forsaid County and State,
personally appeared Uorrald Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and
acknowledged that they are the Mayor and City Clerk, respectively, of City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in
their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that
they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set fon`+`1tt" ll B)fill, A
WITNESS my hand and seal on this �4 ay of October, 2011.
MY COMMISSION EXPIRES:
�y� ��•�� �OTARy ��•,
Notary Public y: PUB%lio
File Number: 201100028645 Page 1 of 1File Number: Number: 2011-00028645 Beg: 1
+
WM. Walker Bishop,
.) Commission 'expire 11th day of December, 1804,. Notary Public.
• Filed for Record this 26th day of August 1909, at 8:10 o'clock A. M.
• � ii ' ' - 71,:.4 P.ir.. ,.J... • By Deputy Clerk.
Clerk.
I�J DEED .
This indenture made and entered into this 24th day of February 1909 between S• K•,
Sono and his .wire Amanda M Stone of the city of Payettoville, Washington county Arkansas,
parties of the first part and the Qity of Favettpvjll rknnaa party of the second part,
witnesseth:
Whereas, said parties of the first part, or. the 8th day of September 1906, by their
deed of gift of that, date conveyed unto said
Y party of the second part the Poll owing dos—
cribed real estate situate in said city, county and state to wit:
A part of Block No. thirty seven (37) as designated on the plat of the original town
of Fayetteville, beginning at a point eighty feat south of the north east corner of said
(Block 37, and running thence south ono hundred and t%venty eight feet, thence west one hun—I
dyed and sixty feet, thenco south eighty feet, thence east one hundred and sixty feet,
thence south two hundred and sixty—two feet or to the southeast corner of said Block 37,
and thence west three hundred and twenty five feet, ten and one—half inches or to the
southwest corner of said block, thence north four hundred end seventy feet or to a point
due west of beginning and thence east to the place of beginning (subject to the use of the'
following strip laid out as an alley: beginning 160 feet west of the north east corner of
said block and running thence south 280 fret, thence west 15 foot, thence north 2,0 feet,
and thence east 15 feet to the place of heginning)as a testimonial of the affection of
said grantors for the people among whom they have passed their lives, and for the purpose
of enabling said city to establish and permanently maintain a Hospital: and
Whereas, in the said deed of September €th, 1906, there are certain conditions pro-
viding for a reversion of the promises which may tend to retard the establishment and main-
tenance of said Hospital.
Therefore, the said parties of the first part in consideration of the premises and of.
one dollar to them paid by said party of the second part, and for the purpose of more eY—
i
factually securing to said city and its inhabitants the benefits of such Hospital, do
hereby grant, bargain, sell and convey unto said party of the second part, the lands and
premises above described to be by the said city, held in trust and maintained as a city
Hospital. And in case it should be determined hereafter to change the location of said
Hospital, to some other point in said city, in ouch case the entire proceeds of the above
described premises shall constitute a trust fund to be devoted exclusively to the eetablialfi—
meat and msintonance of such city Hospital at the point selected; and no such change of
location shall be made except by the concurrent action of the hoard of trustees named in
acid deed of September 8th, 1906, (or their successors in trust), and the council of said l
M
IIiil" t
To ban and to hold the above grantgd Premises unto the said party of• the: second pail:
.•
together with ell.and singular the appurtenances thereunto belonging.•
And I, Amanda Y. Stone, wife of sold S. R. Stone, for the consideration and purposes
aforesaid do bereby•release and relinquish unto said party of the second part all my_ right of
doasr:ia and to said lands.
Witness* ow hands and seals this 24th day of February 1909.
I• S. R. Stone, (Seal.)
• Amanda H. Stone, (Seal.)
(State of Arkansas, ) i'
county of Washington.) Illlj
Be it remembered that on this day came before- the undersigned, 's Notary Public within
and for -the county aforesaid, duly commissioned and acting, S. K. Stone to me Well known as
the grantor in the foregoing deed of conveyance, and stated that he had executed the same
fdr the consideration and purposes therein mentioned and set forth.
And on the same day goluntarlly appeared before me the said Amanda M. Stone, wife of
(the said S. K. Stone, to me well known, and in the absence of her'said husband, acknowledged
that she had, of her own free will executed said deed and signed and sealed the relinquish!
ment of dower in said deed for the consideration and purposes therein contained and set
forth without compulsion or undue influence of her said husband.
Witness ray hand and seal as such Notary Public this 24th day of February 1909.
(SEAL.) E. B. Wall,
My ceunission expires the 25th day of May 1910. Notary Public.
Filed for Record this 25th day of August 1909, at 5 o'clock P. M.
By ---�� �`2.• Deputy Clerk. Clerk.
WARRANTY DEED. I
This Indenturo Witnesseth, that the antord ChasA, Tice and Geer ie Tice, his wife
of the City of Chicago, in the County of Cook If
and State of Illinois for and in considera-
tion of the sum of Four Hundred ($400.00) Dollars, in hand
Paid, Convey and Warrant to t
Harry H• Bernstein of the City of
Chicago, County of Cook, and State Of Illinois, the fol-i
lowing described real estate, to —wit:
The northwest
;•." quarter of the northwest quarter of Section Thirty—six (36) Township
Fourteen (14) forth Ran
ge Twenty—nine (29) West, situated in the County of Washington in
the State of Arknztsaa hereby •
.rolea,ing �n7d waiving all rights under and byvirtue of
.homestead exemption laws of gh. the
this State of Arkansas.
ir:y *r Asted, This 17th day of ldareb A. D. 1909,
~': i Charles Tice, (Seel.)
'•r'i�;::i� `'`'i •'5;1'y �r ;fir•':., :.. Georgia Tice, (Seal �)
Yx
.,t
: = OENERAL .WARRANTY DEED;:
-..�
This indenture;' made and entered into this .9 d y Af August '•; :one thous and nine hundred r
at by and between :MRS C. R.DOUTHIT, in her own right; of Muskogee; I,.T. 'party of the tiro
part, and M. R. REEVES, of Muskogee, I.T. party of the second psrti'aritnesaeth::That the 'sal
party of the first part, for and in consideration of the sum of two thousand and nO/100
^• dollars, in hand paid, the receipt of which is heretj acknowledged do heretj grant, barge ' '.
8811 convey and confirm unto the said party of the second part, the fallowing descried
c: Ct ,.r".. •.
real estate situate in Washington and within the limits of the State of Arkansas, to -wit ••
The East half of the South quarter of section nineteen (19) township fifteen (15)
.`I I North range thirty two (32) West,
I '' �.+ Together with all the improvements thereon, and the
appurtenances and immunities thereunto belonging or in anywise appeartaining and warrant
'i:: • �,
the title to the same, subject to a mortgage of $600.00 now( on said land. TO RAVE AND To
HOLD the said lands unto the said party of the second part, her heirs, executors, adminis
trators and assigns forever. IN WITNESS whereof, the said party of the first part has jp
;4•'• l ..mac—ts hereunto set her hand and sell the day and year first above written.
j i t As to MRS C.R.DOUTHIT....SFAU,
,� United States of America, Indian Territory.
'r.; 7 r.' \Vestern Judicial Pistrict. Be it remembered that on this day came before
1 if li I me, the undersigned, a Notary Public within
,...�end for the Western -District of Indian Territory aforesadd, duly commissioned and actinr as
{:{ 1 such, Lars C.R.Douthit, to re personally well ?mown as one of'the parties grantor in the wit
fr
II in :nd foregoing deed of conveyance, and stated that she executed the same for the conside
�tion and purposes therein tensioned and .et forth, and I do h ere l' so certify.
(VITNESS my band and seal as such Votary Public this 9 day of August 190;.
t I} By commission expires June 22, 1910. (L.S.). E,A.00KER, NOTARY PUELIC.
,t :• , FILtn Pi) RECOMS this v do of See.. 1905 at 2 o'clock P.M.
' _ CLE•W
< <'' ,. ,r° 1 "iARiLVTY DEED.
• Ynov: all me, ty these presents:- tL c. we, S.K.SToNE and AMANDA M.STONE, his wife, f., and I
CF0nsid,�ration of Die dollar to us raid, ^ad for the consideration and purposes• herein set
forth, do hereta, grant, txrgain, sell and convey unto the CITY OF FAYETTEVILLE, In the Stat. pf Arkansas, tl:e following real estate in the City of Fayetteville, in the County of.Washi
t - -'` .on, and State of Arkansas, to -wit:-
'` part y thirty
A rt of block seven
(37) as designated on
Ai
- �� he plat of the original •'own of. Fayetteville; beginning at a point eighty (80) !'set South f `.'•'
ithe North East corner of the said block thirty saves (37) and •rutlsing. thence ,:South one hand. -:
•:red and twenty eight (128) feet, thence West one hundred and sixty (160)thence South
y feet',
jighty (80) feet, thence East one hundred and sixty feet (150), thence Scutt sure hundred and•;'•.
sixty two.(252) feet, or to the South East corner of said block thirty seven, and thence We4t
three hundred and twenty five (325) feet and to and a half (—Ok) inches, or to the South Wet
corner of said block, thence North four hundred and seventy (470) feet or to a point due
est of the beginning, and thence East to the ace of bo innir
St place g g,( subject to the use of th
following strip }did out as an alley: beginning one hundred and sixty feet West .of the Not
t corner of the said bloc Grid_
k+ and tutoring, thence South two hundred and eighty feet, thence
rest fifteen feet, thence North two hundred and eighty eight feet, and thence East fifteen
feet to the place of beginning.).
To have and to bold the said real estate, with all the
improvements
and•apptrtenanees thereto belonging, 'unto the said City of Fayetteville foreve
.( d we ha relW covenant with the City of tayetteville that we are the lawful owners of the s -
Zc sal estate, and have a lawful right to convey the same, that it is. free from incumbrance, ' and that we will veyannt and defend the title against the lawful claims and demands of all persons. This conveyance is s gift to the City l of ':
Yfebtion for the people among whomwe have passed our lives, andafor thetim'of enabl
4 -Lhe City of Fayetteville to establish and to' purpose
known as The Stone Hospital maintian permanently a Hospital, vhich'shal1
First— If the -City of Fayetteville hall failon to following
Roexpresseterm )shed ceatdiputnin OP
.Lion on the,`land here hhave ty'Conveyed within four ,• years.from ,the date of 'this conveyance the
o.the said land shall revent'•tO us or-to'our -heirs. Second: If`aHospitel shall be'establi ud re the said lend within four years after the date of this condeyaieeip and: shall at any
future time be' -abereal d estate'
sedto.:be Used .sold mainiiiaed for •Hoe_ pital purposes, then the
isle to the said real estate ehailevert to us: `or der the euoontrol our bears The said Hospital shall be
sari of Control of Stone oY s;Board;coniifeting of eleven •:menbera-.Pto -be _known' as
Hoep sal
, per trial. aueoeeeiori . shall. be - � + our`of.whom and (heir successors inoffice.
' aPpolnted .: :
1 r5, ether seven ttYe3�-•consist otttlia foil the C tytCouticilrof the City of Pepsi 4ville. - 4{
Y ry fstt �� :� owing rso , onerYyrom the local meoobeCabig of the
381?
ollovring religious bodies, to -wit:- A,F.Wolf, of the Methodist Episcopal Church, South,
antral Church);,W,B.Welch, of the Protestant Episcopal Church, (St.Paul's Church); John R.
arr1, of tho Wissiora ry Baptist Church,V(First Baptist Church); Albert M,Burrnes, of the
• atholic Church (St.Joseph's Church); B,.R.Dav-idson, of the Christian Church, (First Christi
a$ E.S.MeDaniel, of the Prosbyterian Church in the United States, (commonly called the
₹
outhe n Pros byterlan.Church) . Bruce Holcomb; of the Presbyterian Church In the United Staten
.f America.) All vacancies that shall occur in. the menbership of the Board of Control selects
ed from the Churches named shall be filled by the Churches, respectively, so that one rne:•ber
P Yta each Rh of said Churches shall t all times be a member of the said Board, Lint,, if any
uch vacancy shall not be filled within three months by the -Church in vtiich it occurs: then
shall be filled ly the City Council from the membership of such Church. And I, Amanda M.
is
tone, wife of the said S.k,Stone, for the consideration and upon the conditions set forth
in the foregoing conveyance, do hereby release and relinquish to the City of Fayetteville
Arkansas, all my right or possibility of doWer and convey all my right of homestead in and
to the land aforesaid.
WITNESS our hands and seals this 8 day of Septmeber, 1906;'
I '
STEPHEN K.STONE,.„SEAL(
State of Arkansas. A,M.STONF.....•,....SEALJ
Washirtcbdn County. '
Be it remembered that on this day before me the undersigned, acts
and duly commissioned Notary Public of the county and State afore-
said, datte 8Ck.Stonenadd Amanda M.Stone, to me personally well known to be the persons
whose names appear to the foregoing deed of conveyance as .he grantors; and acknowledged
that they had executed the sane for the purposes and considerations therein expressed. Andl
on the same day also voluntarily appeared befo a me Amanda M.Stone, wife of the said S.K, i
Stone, and in the absence of her husband, declaredthat she had of her own free will, execut
—ed the foregoing deed of conveyance and signed 6hd sealed the relinquishment of dower and
conveyance of homestead therein expressed for the purposes and considerations therein
stated, without eomplusion or undue influnce of her said husband. IN TESTIMONY whereof I have hereunto set, my. hand and official seal as such Notary Public this 8 day of Sept. 1905
My Commission w41Liexpire pn the 15 day of July 1909• (L,',). C.W.IVALKER, NOTARY PUM.JC!
FILED FOR RECORD this 8 day of Sept. 1906 at 2 o'clock p.bf.
--
If' Know all men by these presents:- That I, CHARLES RIGGINS, unmarried, for an -sin eonsideras
J tion of the sum of twenty five. dollars,. to me in hand paid by JnHE R.HARRIS, do hereby grant
bargain, sell and convey to the said John R.Harris, and to his heirs aad assigns, all of r. i
undivided one- one hundred and tenth (1/110) interest, as hereinafter stated, in the foll.ow'-
ing lands in the County of Washington and Stat•.`of Arkansas, to -wit:-
The North half of the North fI h }v st quarter, part. of the South West quarter of the North East
lquarter beginning at the North W-st corner of said forty acre tract, and running thence Soul
<•1phty (50) rods to. the South Pleat corner, thence East forty two (42) rods, thence North
twenty one (21) rods, thence East to the East line of said tract, thence North to the North
East corner and thence West to the. place of beginning, part of the North West quarter of the
(South fast quarter, beginning at the North West corner thereof, and running thence East
(forty two (42) rods thence South twenty two (22) degrees East seven (7) rods and sixteen
J
I(16) links, thence South twenty eight (2E) degrees and forty five (45) minutes West fifty
,(50) rods and twenty one (21) links, thence North thirty (30) rods and twenty two (22) lir
Ito the beginning. Also pagtnoftipho South Eastquarter of the North West quarter and part of
the North. East quarter of the South West quarter beginning at the South East corner of s aid
North. East quarter Of the South West quarter and running thence North eighteen (I8) rods,.'
(thence North twenty six (26) degrees West twenty six (26) rods, and nine (9) links for a
beginning, corner, thence North sixty (60) degrees East thirteen (13) rods and eleyt (11)
links to. the East line of the last named forty acre tract; thence North to the North East
corner of the South East -quarter of the North West quarter, thence West fifty two -(52) rodsi
thence South twenty eight --(25) rods, thence East four (4) rods, thence South beating East 4
a.point in the said North East. quarter of the South West quarter, which is twehty _eight (28I
rods South of the North line, and forty (40) rods East of the West line of said forty last
named thence Fret toa point; which is tvSnty six (26) degrees: West of,llorth oithe begi�titing;
MUNICIPAL WARRANTY DEED "
KNOW ALL MEN BY THESE PRESENTS:
That ErnestLancasterand Angela R. Medlock, Mayor and City Clerk of
'the City of Fayetteville, a municipality, organized and existing under
the'laws of the State of Arkansas, first being duly authorized by its'
Directors for the consideration of the sum of Ten Dollars ($10.00) and
other good and valuable considerations to it in hand paid by Fayetteville
City Hospital, an Arkansas charitable corporation organized in 1914, and
unto its successors and assigns as'specifically limited hereinafter, the
following described land situate in the City of Fayetteville, County of
Washington, State of Arkansas, to -wit: . ' ' ' '
A part of -Black thirty-seven (37) as' designated dn'the "
plat•of the original town of Fayetteville, beginning at
a point eighty (80) feet South of the Northeast corner
of the• said Block thirty-seven (37) and running.thence
South one hundred and twenty-eight (128) feet, thence
West one hundred and sixty (160) feet, thence South
eighty (80) feet, thence East one hundred and sixty
(160) feet, thence South two hundred and seventy-two
(272) feet, or to the Southeast corner of said Block
thirty-seven (37), and thence West three hundred and
twenty-five (325) feet and ten and a half (10 1/2)
inches, or to the Southwest corner of said block, thence
North four hundred and eighty (480) feet, or to a point
due West of the beginning, and thence East to the place
of beginning, (subject to the use of the following strip
laid out as an alley, beginning one hundred and sixty feet
West of the Northeast corner of the said block and running
thence South two hundred and eighty-eight feet, thence West
fifteen feet, thence North two hundred and eighty-eight
feet, and thence East fifteen -feet to the place of beginning.)
{The aforementioned premises are subject to a possibility of reverter as
specifically. set forth in a certain Warranty Deed made and executed by S. K.
Stone and Amanda M. Stone, his wife, as they conveyed the aforesaid premises
to the City of Fayetteville by Warranty Deed executed on September 8, 1906,
and which appears of record in Volume 114 at Page 3800f -the Washington
County Circuit Clerk' records and said possibility of reverter being 'amended
by further "deed" made and executed by S. K. Stone and Amanda M. Stone on
the 24th day of February, 1909, filed in Volume 130 at Page'127 of the
• Circuit Clerk. and Ex -Officio Recorder of Washington County, Arkansas, said
possibility of reverter being now stated as follows: -
979. 777
"do hereby grant, bargain, sell and convey unto the said
parties of the second part, the lands and premises above
described to be by the said City, held in trust and maintained
as a city hospital. And in case it should be determined
hereafter to change the location of said hospital, to some
other point in said City, in such case the entire proceeds
of the above described premises shall constitute a trust
fund to be devoted exclusively to the establishment and
maintenance of such city hospital at the point selected;
and no such change of location shall be made except by the
concurrent action of the Board of Trustees named in the said
deed of September 8, 1906, (or their successors in trust),
and the council of said City."
Subject only to the above possibility of reverter to have and to hold
the same unto the said Fayetteville City Hospital and unto its successors
and assigns forever, with all appurtenances thereunto belonging. And the
said municipality of Fayetteville, Arkansas, hereby covenants with the said
Grantee that it will'forever warrant and defend the title to said lands
against all lawful claims whatever save and except the possibility 'of
reverter as hereinabove specifically set forth.
IN TESTIMONY WHEREOF, the name of the Grantor is hereto affixed by its
Mayor and its seal affixed by its City Clerk this, .2)Skday of November, 1978.
CITY OF FAYETTEVILLE
By: �: = ,: ' '-J
Ernest Lancaster, Mayo r ^.•�""`�" `-
Ang la R. Medlock, G t i(4 etk' `:
ACKNOWLEDGMENT
STATE OF ARKANSAS
)ss.
COUNTY OF WASHINGTON
On this-<'/ day of November, 1978, before the undersigned, a notary
public, duly commissioned, qualified and acting, within and for the said
county and state, appeared in person the within named Ernest Lancaster and
Angela R. Medlock, to me personally known, who stated they were the Mayor
and City Clerk of the City of Fayetteville, Arkansas, an Arkansas
municipality, and were duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and the behalf of
said municipality and further stated and acknowledged that they had so
signed, executed and delivered said instrument for the consideration,
uses and purposes therein mentioned and set forth.
In testimony whereof, I have hereunto set my hand and official seal
this .'V. day of November, 1978.
k R r-•: Notary Public
it ` • _1
U % uy\ Coon sion Expires:
979 778
II►IIIIIIIIIIII►IIIIIOIHIIII►IIIIIIIHI IIIIIII►II IIII
Doc ID: 013757990003 Type: REL
Kind: QUITCLAIM DEED
Recorded: 11/19/2010 at 03:51:32 PM
QUITCLAIM DEED Fashinatonee Amt:$2Couunntva4eAR1 of 3
Bette Stamos Circuit Clerk
File2010-00034442
KNOW ALL MEN BY THESE PRESENTS:
THAT Fayetteville City Hospital, an Arkansas corporation,
GRANTOR, by its Chairman of the Board and Secretary, duly
authorized hereby by lawful resolution of its Board of Directors,
for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, paid by the City of Fayetteville,
Arkansas, a municipal corporation, GRANTEE, the receipt of which
is hereby acknowledged, does hereby grant, convey and quitclaim
unto the said Grantee and unto its successors and assigns forever,
all of its right, title, interest, equity and estate in and to the
following described lands situated in the County of Washington,
State of Arkansas:
All of Block Numbered Thirty-seven (37) in the City of
Fayetteville, as designated upon the original plat of
said town.
This conveyance is subject to liens of record and to that
certain Assignment and Lease Agreement dated as of July 26, 1991
by and between Fayetteville City Hospital as Lessor and Washington
Regional MediCorp. as Lessee.
To have and to hold the same unto the said Grantee and unto
its successors and assigns forever, along with all tenements,
appurtenances and hereditaments thereunto belonging.
IN WITNESS WHEREOF, the name of the Grantor is hereunto
affixed by its Chairman of the Board and its seal affixed by its
Secretary this 4 day of August, 1991.
FAYETTEMI, CITY HOSPITAL
By:
rman of t€\ Board
AT ST: J
Secretary
File Number: 201000034442 Page 1 of 3
QUITCLAIM DEED
PAGE 2
STATE OF ARKANSAS
ACKNOWLEDGMENT
COUNTY OF WASHINGTON
BE IT REMEMBERED that on this day came before me, a notary
public, qualified and acting, within and for the said County and
State, appeared in person the within named John W. Vinzant, M.D.
and Edward D. Connell who stated that they were the Chairman of the
Board and Secretary, respectively, of Fayetteville City Hospital
and were duly authorized in their capacity to execute the foregoing
instrument for and in the name and on behalf of said corporation,
and further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration, uses
and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, have hereunto set my hand and official
sea.?. t.'.-).S.s � day of 1991.
NOTARY PUBLIC
My Commission: Expires:
cityquit.tbb
File Number: 201000034442 Page 2 of 3
SCANNED
RESOLUTION NO. 184-91
A RESOLUTION ACCEPTING OF A QUITCLAIM DEED
FROM THE FAYETTEVILLE CITY HOSPITAL BOARD OF
CONTROL CONVEYING THE CITY HOSPITAL PROPERTY
TO THE CITY OF FAYETTEVILLE, ARKANSAS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Board of Directors hereby authorize
and accept the conveyance of the Fayetteville City Hospital to the
City of Fayetteville by Quitclaim Deed. A copy of the deed is
hereby attached hereto and made a part hereof.
PASSED AND APPROVED this 1st day of October , 1991.
APPROVED:
By
Ma r
ATTEST:
By:
City,C erk
File Number: 201000034442 Page 3 of 3
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
7/15/2008
City Council Meeting Date
Engineering
Division
C. 1
Carter and Burgess, Inc.
Page 1 of 72
Operations
Department
Action ttequirea:
,pproval of a resolution authorizing Supplemental AgreementNo. 1 to the contract with Carter and Burgess in the
mount of $700,215.31 for design phase services on Fayetteville Expressway Economic Development Corridor.
700,215.31
Cost of this request
25, 961, 649.58
Category / Project Budget
4520.9520.5314.02 $ 6,176, 822.18
Account Number Funds Used to Date
06035.1710 $ 19, 784, 827.40
Project Number Remaining Balance
Budgeted Item x Budget Adjustment Attached
Fayetteville Economic Corridor
Program Category / Project Name
Engineering Services
Program / Project Category Name
Sales Tax Capital Improvements
Fund Name
Previous Ordinance or Resolution #
Depa ment irector Date Original Contract Date:
C Original Contract Number:
6,27-og
City Attorney Date
`-PO.4 6- 3y -
Finance and Internal Service Director Date
Mayor
Date
Received in City Clerk's Offic
n . ( ENTERED
Received in Mayor's Office
c.1
artpCity Council Meeting of 15, L(JU8ana Burgess, Inc.
July Page 2 of 72
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
Street Committee
From: Ron Petrie, City Engineer
Date: June 27, 2008
Subject: Approval of a resolution authorizing Supplemental Agreement No. 1 to
the contract with Carter and Burgess in the amount of $700,215.31 for
design phase services on Fayetteville Expressway Economic Development
Corridor.
RECOMMENDATION:
Staff recommends approval of Supplemental Agreement No. 1 with Carter and Burgess,
Inc. in the amount of $700,215.31 for design services for the Fayetteville Expressway
Economic Development Corridor.
BACKGROUND:
The Fayetteville Expressway Economic Development Corridor (FEEDC) is a federally
funded project that will provide better traffic flow and better access to the businesses in
the project area. The project area is generally bounded by College Avenue, Interstate 540
to Exit No. 69, Millsap Road, and the Fayetteville City Limits. Funding available for the
project includes $7.66 million in federal funds and $1.91 million in local matching funds,
for a total project budget of $9.57 million.
Carter and Burgess was selected to provide professional services for this project through
a three -step procurement process. A contract for an engineering study in the amount of
$175,000 was executed with Carter and Burgess to determine which improvement(s)
would best accomplish the project goals. Three improvement projects were selected and
approved by the City Council: 1) A "flyover" bridge on College Avenue, just north of
Millsap, that will provide more direct access to the Fulbright Expressway from College
Avenue along with another access from Fulbright to the adjacent commercial area, 2)
Intersection improvements at the Gregg Avenue exit from the Fulbright Expressway, and
3) An extension of Van Asche from Gregg Avenue to Hwy 112.
The Arkansas State Highway and Transportation Department (AHTD) and the Federal
Highway Administration (FHWA) reviewed the proposed projects, and approved the
flyover bridge project and the Gregg Avenue interchange improvements. An agreement
between the City and AHTD for these two projects was executed by the Mayor in
C. I
Carter and Burgess, Inc.
City Council Meeting of July 15, 2008Page 3 of 72
October 2007, and negotiations with Carter and Burgess for design services began soon
after.
DISCUSSION:
Carter and Burgess has prepared a proposed Supplemental Agreement No. I in the
amount of $700,215.31 for design and related services for the flyover bridge project and
the Gregg Avenue/Fulbright Expressway intersection project. The services to be
provided include:
• Break In Access permitting support
• Environmental reviews and documentation
• Surveying and right of way document preparation
• Geotechnical engineering
• Design services through final design and construction document preparation
• Bid Phase Services
A full scope of services is included in Attachment A to the Supplemental Agreement.
The scope and fee estimate for the Supplemental Agreement were reviewed by the Street
Committee on May 12, 2008; the Committee recommended approval.
The Supplemental Agreement has also been through 2 reviews by AHTD and FHWA.
Final approval and authorization to proceed with the work l.er. the Supplemental
Agreement must be received from FHWA before design work can begin.
A future Supplemental Agreement will be needed for construction phase services.
BUDGET IMPACT:
This contract will be paid from the Transportation Bond Program Fund and from the
federal funding available for the project. The�onract will be will from the Bond Fund
initially the B and Fund will then be reimbursed with federal funds for 80% of the
amount paid to Carter and Burgess.
n-» fine. > /r —
�'r�Nt�ruc�i on
2
C. 1
Carter and Burgess, Inc.
Page 22 of 72
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(l)
FEEDC P.E. (Fly -Over Design - Project 1)
City of Fayetteville
Washington County, Arkansas
Cost per Phase Summary
Break in Access
$28,302.52
Environmental and Permits
$26,986.37
Schematic Design
$38,887.60
Preliminary Design
$103,213.90
Final Design
$175,564.48
Partial Bidding Services
$5,886.13
SW PPP
$8,698.67
AHTD Right -of -Way Plans
$15,970.86
Design Fee Design Fee
$403,510.53
Direct Cost
$9,179.00
Geotechnical Services (estimated)
$26,068.49
Topographical & Boundary Surveys, ROW Monumentation
$40,041.89
Total Fee $478,799.91
Fly -Over Design
I of 10
C. 1
Carter and Burgess, Inc.
Page 32 of 72
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(l)
FEEDC P.E. (Roundabout Design - Project 2)
City of Fayetteville
Washington County, Arkansas
Cost per Phase Summary
Break in Access
$0.00
Environmental and Permits
$23,368.92
Schematic Design
$11,912.11
Preliminary Design
$46,709.87
Final Design
$66,677.33
Partial Bidding Services
$2,829.63
SW PPP
$6,274.60
Right -of -Way
$1,650.23
Design Fee
Design Fee $159,422.69
Direct Cost
Geotechnical Services (estimated)
Topographical and Boundary Surveys
Total Fee
Roundabout Design
1 of 10
$6,566.00
$7,236.94
$48,189.77
$221,415.40
C. 1
Carter and Burgess, Inc.
Page 52 of 72
7.4. Information and Reports. The Subconsultant shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, and
accounts, other sources of information, and its facilities by the AHTD or the FHWA for the purposes of
investigation to ascertain compliance with such regulations and directives. Where any information
required of the Subconsultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Subconsultant shall so certify to the AHTD or the FHWA, as appropriate, and shall set
forth the efforts made by the Subconsultant to obtain the records or information.
7.5. Sanctions for Noncompliance. In the event of the Subconsultant's noncompliance with the
nondiscrimination provisions of this Subconsultant Agreement, the AHTD may impose such contract
sanctions as it or the FHWA may determine to be appropriate, including but not limited to, withholding of
payments to the Consultant or Subconsultant until the Subconsultant complies with the provisions and
cancellation, termination, or suspension of this Subconsultant Agreement, in whole or in part.
7.6. Incorporation of Provisions. The Subconsultant shall include the terms and conditions of this section
in every subcontract or purchase order so that these terms and conditions will be binding upon each
subcontractor or vendor. The Subconsultant shall take such action with respect to any subcontract or
purchase order as the. AHTD or FHWA may direct as a means of enforcing these terms and conditions,
including sanctions for noncompliance; provided, that if the Subconsultant becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of any direction, the Subconsultant
may request the AHTD or the United States to enter into the litigation to protect the interests of the State
and the United States, respectively.
8. DBE CLAUSE
8.1. The Subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this Subconsultant Agreement. The Subconsultant shall comply with the applicable
requirements of 49 C.F.R. Part 26 and perform any actions necessary to maintain compliance in the
award and administration of DOT -assisted contracts. Failure by the Subconsultant to comply with or
perform these requirements is a material breach of this Subconsultant Agreement, which may result in
the cancellation, termination, or suspension of this Subconsultant Agreement in whole or in part, or such
other remedy that the AHTD may determine appropriate.
8.2. Prompt Payment The Subconsultant shall
of their subcontracts within 30 da s of recei of each a ment by the AHTD to the Subconsultant. Any
retainage payments held by the Subconsultant must be returne o e subcontractor within 30 days after
the subcontractor's work is completed. Failure to comply with this provision shall be considered a
Default by the Subconsultant. If the .Subconsultant fails to comply with this provision, in addition to any
other rights or remedies provided under this Subconsultant Agreement, the AHTD, at its sole option and
discretion, may:
• make payments directly to the subcontractor and offset such payments, along with any
administrative costs incurred by the AHTD, against reimbursements or payments
otherwise due the Subconsultant;
• notify any sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the Subconsultant until
the Subconsultant ensures that the subcontractors have been and will be promptly paid
for work performed.
Attachment B1
Page 5 of 9
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
RESOLUTION NO. 146-08
A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. I TO
THE CONTRACT WITH CARTER & BURGESS, INC. FOR ENGINEERING
SERVICES FOR THE FAYETTEVILLE EXPRESSWAY ECONOMIC
DEVELOPMENT CORRIDOR PROJECT IN THE AMOUNT OF $700,215.31
AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
$560,173.00
WHEREAS, Carter & Burgess, Inc. was selected through the City's professional
selection procedure to provide engineering services for the Fayetteville Expressway Economic
Development Corridor in 2007; and
WHEREAS, Carter & Burgess, Inc. satisfactorily completed the initial engineering study
to determine how to best improve traffic flow and access into the Mall area; and
WHEREAS, Carter & Burgess, Inc. should now be authorized to provide survey, design
and bidding services for this project pursuant to Supplemental Agreement No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
Supplemental Agreement No. 1 to the Carter & Burgess, Inc. contract for engineering services in
the amount of $700,215.31 (attached as Exhibit A) and authorizes the Mayor to sign this
agreement.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of $560.173.00.
PASSED and APPROVED this 15th day of July, 2008.
APPROVED:
ATTEST:
`'11unnrrr„r,
:FAYETTEVILLE:
By:
►„�
SO DRA E. SMITH, City Clerk/Treasurer
Supplemental Agreement No. 1
Job No. 040505
F.A.P. HPP2-2816(1)
Fayetteville Expressway Economic Development Corridor P.E.
Date J ( 1
WHEREAS, the City of Fayetteville, Arkansas and Carter & Burgess, 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 1.2) is increased from
$175,000 to $875,215.31.
2) The "Title I Services Ceiling Price" (Section 1.12) is increased from
$175,000 to $875,215.31.
3) The "Title II Services Ceiling Price" (Section 1.15) remains unchanged at
$0.00.
4) The fixed fee (Section 3.4) is increased from $17,255.40 to $77,569.67.
5) See Attachment A for modifications to Section 3, 6, 7, 13, 17 and 35.
6) See Attachment Al, A2 and A3 for modifications to Appendix A --
Justification of fees and costs.
7) See Attachment B1, B2, and B3 for modifications to Appendix B —
Subconsultant Agreement.
8) See Attachment Cl for modifications to Appendix C — Certification of
Consultant.
9) The completion date (Section 17.1) for Job No. 040505 is changed from
March 26, 2007 to December 31, 2010 for both projects. See Attachment
D1 for modifications to Appendix D.
Supplemental Agreement No. 1
Page 1 of 2
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 1, to be
effective upon the date set out above.
Carter & Bur ess, Inc.
Kevin P.
BY:
ice r s n
Supplemental Agreement No. 1
Page 2 of 2
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
City of Fayetteville, Arkansas
Mayor Da oody
BY:
Mayor
Supplemental Agreement No. 1
Job No. 040505
F.A.P. HPP2-2816(1)
ATTACHMENT A
• COSTS, FEES, AND PAYMENT - The following shall be added to or revised in Section 3.
The existing schedule of salary ranges shown in 3.2.1.1 shall be deleted and replaced with the following.
Salary Range
(Dollars/Hour)
.Min.
Max.
Project Director
40.00
75.00
Project Manager
40.00
60.00
Transportation Planner
40.00
60.00
Senior Engineer
45.00
55.00
Engineer II
30.00
45.00
Engineer I
20.00
35.00
Engineering Designer
25.00
35.00
CADD Technician II
20.00
35.00
CADD Technician I
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
Senior Environmental Scientist
40.00
60.00
Senior Environmental Planner
40.00
70.00
Environmental Planner
35.00
50.00
Land Surveyor
20.00
40.00
Survey Crew
25.00
65.00
DESCRIPTION OF THE PROJECT - The following paragraphs shall be added to Section 6.
The design scope of services includes coordination with local, State and Federal agencies, design
surveys, design services, and partial bidding services for proposed improvements for two projects
joining to the Fulbright Expressway in Fayetteville, Arkansas. Both projects will be primarily
contained within State Highway right-of-way and will include coordination with the FHWA, including
application for a break in access.
The City of Fayetteville will coordinate and submit plans and specifications for review to the AHTD
in accordance with the AHTD "City Engineer Projects" list. The Engineer's scope of services,
submittal schedules and associated fees are based upon the City of Fayetteville or the Engineer
performing "the construction inspection, materials testing and AHTD performing the bid letting."
Title II services will be included under another supplemental agreement.
This Supplemental Agreement and the services described herein are incorporation with and
reference the Agreement of Understanding between the City of Fayetteville and AHTD supported
by the City of Fayetteville Resolution No. 81-06 and complies with applicable provisions of the
Agreement of Understanding.
Attachment A
Page 1 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
Project 1 — Flyover Bridge
The project includes the design of a direct connection from northbound US 71 B, just north of the
Millsap Road/US71 intersection, to westbound Fulbright Expressway and Mall Avenue. The
proposed alignment will include the widening of northbound US 71 B from two lanes to three lanes
which will split to provide a single lane ramp to the west while maintaining two lanes to the east on
northbound US 71 B. The proposed ramp alignment will span eastbound Fulbright Expressway to
northbound US71 B, southbound US71 B, and southbound US71 B to westbound Fulbright
Expressway on a flyover bridge. The single lane ramp will widen to two -lanes and split after the
bridge to provide access to westbound Fulbright Expressway and the CMN Business Park at Mall
Avenue. A traffic signal is anticipated at the proposed intersection with Mall Avenue. No
improvements to Front Street (paralleling US71 B on the east) are anticipated.
No water and sewer relocations are anticipated and therefore no design fees are included in this
scope of work for the above described project (Project 1).
The bridge is anticipated to be a single unit curved plate girder bridge with single column
hammerhead type intermediate bent(s). It is anticipated that mechanically stabilized earth (MSE)
walls will be used along both the approaches as necessary.
Project 2 - Roundabout
The project includes widening the existing off ramp at the intersection with North Hills Boulevard,
Futrall Drive, and Millsap Road to two lanes and providing a bypass lane for westbound traffic on
Futrall Drive. The improvements on Fultrall Drive are anticipated to be less than 1,200 linear feet.
The project also includes replacing the existing four-way stop at the button hook ramps intersection
with North Hills Boulevard, Futrall Drive, and Millsap Road with an approximate 100 -ft inside radius
roundabout. The proposed improvements east of the roundabout are projected to tie to the existing
roadway within 400 feet of the roundabout's eastern edge.
It is anticipated that existing City of Fayetteville water and sewer facilities will require partial or full
relocation as a part of Project 2. The relocation and tie-in for these utilities shall be within the right-
of-way required for the project. The Arkansas Department of Health review fee will be paid for by
the City of Fayetteville.
The design services outline herein are not necessarily required for both projects. Project 1 includes
bridge, lighting and traffic signal design; Project 2 includes the utility relocations. In general, all
other design services are common to both projects.
INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY CONSULTANT — The following
shall be added to Section 7.
7.5 Roadway and Bridge Design Guidelines and Data
Roadway Design will be done in accordance with AASHTO's "A Policy on Geometric Design of
Highways and Streets, 2004" and "Roadside Design Guide, 2002". Designs will also meet
requirements as set forth in the latest edition of the "Manual of Uniform Traffic Control Devices"
(MUTCD). Development and assembly of plans under this agreement shall generally conform to
AHTD Roadway Design Plan Development Guidelines and Roadway Design Training Guide.
Construction specifications shall be the current AHTD "Standard Specifications for Highway
Construction".
The bridge structure will be designed according to AASHTO LRFD Bridge Design Specifications,
4th Edition, including all applicable interims, and the requirements of the AASHTO Guide
Attachment A
Page 2 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
Specifications for Horizontally Steel Curved Highway Bridges, 2003 Edition, and all relevant
Arkansas Highway and Transportation Department design memorandums. The bridge will be
designed for the HL -93 live load, agency specified overload vehicle(s), and Seismic Zone "1"
forces.
The MSE walls will be designed according to AASHTO LRFD Bridge Design Specifications, 4th
Edition, including all applicable interims. The Engineer will establish the line and grade and
general details of the retaining walls. The external and global stability will be examined and
recommendations will be made by the geotechnical engineer. The geotechnical engineer shall
provide the maximum bearing pressure of the existing foundation material and any
recommendations for undercutting and allowable pressure of backfill. All geotechnical data
gathered under this contract will be provided to the wall vendor. The wall vender will design the
wall based on the profiles provided by the Engineer.
The Roundabout will be designed in conformance to FHWA Publication #FHWA-RD-00-067.
Final plans, specifications, and quantities shall be consistent with AHTD procedures.
All plans and survey shall be in U.S. Foot Units and based on AHTD's survey control system. All
survey work shall be completed by an AHTD certified consultant in accordance with Attachment E
"General and Detailed Scope Of Work for Control Surveys, Design Surveys, and Land Surveys.
Electronic versions of all final plan sheets and drawings shall be delivered on CD Rom to the City
of Fayetteville and AHTD in Microstation format (Version 8) with all reference files attached and
set to load automatically.
Prior to submission to the City of Fayetteville and the AHTD any preliminary or final data (e.g.,
studies, reports, bridge layouts, plans, drawings, designs, or documents) the Engineer will employ
adequate Quality Control procedures to assure the accuracy, consistency, and validity of the
material submitted.
7.5.1 Project Coordination
7.5.1.1 Kick-off Meeting
A kick-off meeting between the City of Fayetteville, the Engineer and the Arkansas Highway and
Transportation Department will be held to review the project requirements. The goal of this
meeting will be to establish a firm foundation for the project based on a common understanding
of the City of Fayetteville's needs and the project requirements. During the course of this
meeting several issues will be discussed. They include, but are not limited to:
• Project schedule
• Performance expectations
• Key project issues
• Design Criteria
• Communication Protocol
7.5.1.2 Design Criteria
Design Criteria which details standard parameters for roadway, drainage and bridge design will
be established. This Design Criteria shall be submitted to both the City of Fayetteville and the
AHTD for written approval before beginning design.
Attachment A
Page 3 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
7.5.1.3 AHTD Coordination
The City of Fayetteville will coordinate and submit plans and specifications for review to the
AHTD in accordance with the AHTD "City Engineer Projects" list.
Coordination will include, but not be limited to:
• Providing design criteria for review
• Provide/coordinate break in access and environmental documentation with the AHTD/FHWA
• Submittal of Plans to the AHTD at the 50%, 90%, and 100% completion stages
7.5.1.4 FHWA Coordination
Coordination of review and required approvals by FHWA will be handled by AHTD.
7.5.1.5 Utility Coordination
The Engineer will furnish plans to all known utility owners potentially affected by the project at
each percent complete submittal noted in the contract. Meetings will be held at the 50% and
100% stages. The submitted plans will contain the surveyed locations of the observed and
marked utilities.
The Engineer will incorporate electronic utility data of known improvements provided by the
utility within the project limits into the drawings if submitted to the engineer prior to the review
submittal and if the data is in a similar format and on the same coordinate system.
7.5.1.6 City of Fayetteville Coordination
The Engineer will attend coordination meetings with the City of Fayetteville and other agencies
as required up to a maximum of ten.
7.5.2 Planning
The Engineer will coordinate with the City of Fayetteville and the AHTD and submit for approval
the required documentation for a break in access as noted in the AHTD publication "Procedures
for New or Revised Freeway Access in Arkansas."
7.5.2.1 Break in Access
7.5.2.1.1 Step 1 — General Concept Review
This step was completed under a previous contract with the City of Fayetteville. The concepts
for Project 1 and Project 2 were approved by the City of Fayetteville and the AHTD.
7.5.2.1.2 Step 2 — Engineering Operational Analysis
The purpose of this step is to evaluate the specific operational effects of the proposed ramp in
Project 1. Break in access is not required in Project 2. This will be done by building on the
information generated in Step 1.
The Engineer will perform an operational analysis of the proposed access to demonstrate that
no or only minimal adverse impact to safety and operations of the freeway facility will occur.
The methodology from the current TRB Highway Capacity Manual (HCM) or the current
version of the Highway Capacity Software (HCS) will be used to perform the needed
engineering analysis. The operational analysis will use traffic data, developed from previously
obtained data, based on the opening year and a design year 20 years from the date when the
project is scheduled to be completed and open to traffic.
The operational impact of the freeway between the proposed new/revised access and the
adjacent existing interchanges on either side will be analyzed. The analysis areas are defined
Attachment A
Page 4 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
by the Fulbright Expressway east of North Gregg Avenue and west of the Fulbright
Expressway's connection to US 71B (North College Avenue). The model will represent
adequate safety to accommodate weaving, diverging, and merging maneuvers. The proposal
and the supporting documentation will demonstrate that a reasonable analysis has been
performed and that safety and traffic operations along the freeway will not be adversely
affected by the proposed new or revised access. The appropriate number of copies of the
proposal will be submitted to the City of Fayetteville and the AHTD Chief Engineer. The
proposal will contain the following information.
• Clear description of the project including plan and profile data
• purpose and need
• local background information
• any issues of concern or controversy
• documentation of the City of Fayetteville's long range transportation planning
• other options considered
• estimated cost
• relationship with other controlled or State maintained facilities
• proposed/future traffic data
• design criteria
• warrant analysis for Mall Avenue traffic signal
If the AHTD elects to continue in the pursuit of a continuous flow intersection near the
proposed improvements, this traffic data must be provided to the Engineer by the AHTD for
inclusion within 30 days from Notice -to -Proceed.
7.5.2.1.3 Step 3 — Final Review and Approval
The Engineer will coordinate and provide the required (Steps 1 and 2) items to the City of
Fayetteville, AHTD and the FHWA for a review upon completion of the project as noted in the
AHTD publication.
7.5.3 Environmental Assessment - The following scope of services and approach assumes the project
will be a Categorical Exclusion for environmental permitting. Environmental permitting outside of
Categorical Exclusion is not included in the scope and will be considered extra services.
7.5.3.1 Environmental Documentation
The Engineer will perform social, economic, and environmental studies for inclusion in the
environmental documentation. One alignment will be analyzed. The goal is to provide the
documentation necessary to obtain AHTD approval of a Categorical Exclusion (CE) document.
The work to be performed by the Engineer shall consist of preparing a CE document for the
proposed project in accordance with AHTD and FHWA policies and procedures. It is anticipated
that minimal additional right-of-way is required.
Attachment A
Page 5 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
The objectives of this task are: (1) to describe the existing social, economic and physical
conditions within the corridor; (2) to identify and evaluate the short-term, long-term and impacts
of the proposed improvements; and (3) to identify and recommend mitigation measures to be
incorporated in the design and/or operation plan for the project. The services described herein
are based on National Environmental Policy Act (N EPA) processes. The following describes the
work to be performed for each task:
7.5.3.1.1 Data Collection - This task includes obtaining publicly available information from federal, state,
and local agency sources and databases, pertinent project information available from the City
of Fayetteville and AHTD as well as field surveys. Perform site visits to identify and assess
environmental constraints, potentially sensitive areas, habitats, hazardous material sites, and
landscapes.
7.5.3.1.2 Evaluate Potential Social, Economic, and Environmental Effects of the Proposed Action - The
Engineer will describe the affected environment and environmental consequences for each
issue and resource to be discussed in detail as listed below.
7.5.3.1.3 Community Impact Assessment/Social Analysis - Use appropriate data sources, such as the
U.S. Census, visual surveys, maps, and aerial photographs to determine the potential for
social impacts. Potential social impacts to be documented include:
• Demographics (population, ethnic/racial distribution, and income) based on the 2000 U.S.
Census and available future (2030) projections.
• Existing and anticipated land uses in the project area (community services, schools, etc.).
• Travel patterns and access for pedestrians, bicycles, transit, and vehicles.
• Identify the racial, ethnic, and income level of affected individuals and communities to
determine any disproportionate impacts on any minority or low-income individuals or
communities in accordance with Executive Order 12898.
• Limited English Proficiency — Improving access to services for persons with limited
English proficiency in accordance with Executive Order 13166.
• Qualitatively evaluate economic impacts using available information. In addition, major
employers and activity centers in the area will be identified.
7.5.3.2 Cultural Resources - Archeological impact evaluation based on state records research and an
on -site inspection. Develop a letter report documenting existing impacts or other conditions
which may preclude the presence of intact archeological deposits within the project area for a
proposed project. The purpose of an impact evaluation is to determine whether conditions in the
project area are suitable for preservation of archeological deposits with sufficient integrity to be
eligible for inclusion in the National Register of Historic Places (NRHP) or for designation as
state landmarks.
Historic structure evaluation will be based on state records research and an on -site inspection
within the area of potential effect (APE) (i.e., 150 feet on either side of the project limits), the
survey will include research of state records and photographic documentation of any potentially
historic structures within the APE.
The surveys will provide sufficient information (i.e., a Phase I survey and report) to allow the
SHPO to make a determination of effect regarding the project. It is anticipated for budgeting
purposes that the SHPO will determine a "letter report" is acceptable.
Attachment A
Page 6 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
All work under this task shall be completed by SPEARS, Inc, in accordance customary AHTD
guidelines and format.
7.5.3.3 Biological Investigations
The Engineer will conduct wetland surveys and delineations to determine the limits of all
jurisdictional waters of the United States and potential jurisdictional wetlands within the project
limits. The area of project impact to jurisdictional waters, including wetlands, will be determined
to permit the project under Section 404 of the Clean Water Act. Wetlands will be delineated
using the U.S. Army Corps of Engineers (USAGE) Wetland Delineation Manual of 1987.
The Engineer will contact the U.S. Fish and Wildlife (USFWS) Arkansas Game and Fish
Commission (AGFC) to ensure all state and federally listed threatened and endangered species
of concern are identified, as well as their habitat areas, to avoid/minimize impacts. This
coordination will assist in providing guidelines from these agencies on existence, habitat and
mitigation. If suitable habitat for any listed threatened or endangered species is encountered
within potential location alternatives, it may be necessary to survey for the species. Presence
and absence surveys for any listed threatened or endangered species are not included as a part
of this scope.
A habitat analysis will be conducted to identify all sensitive natural plant communities, all
dominant plants within the affected habitat and the impacted area (in acres) of all woody
vegetation within the project limits.
7.5.3.4 Hazardous/Regulated Materials
The Engineer shall conduct a literature and database review and a visual survey to identify
potential hazardous/regulated material sites in the vicinity of the proposed project. The results of
this effort shall be documented in the CE. The work shall include:
7.5.3.4.1 Overview and Summary of Hazardous Materials Sites within Study Area - This initial screening
will include a review and evaluation of applicable state and federal regulatory agency
databases.
7.5.3.4.2 Identification of Sites of Concern - A review and evaluation of the following list will be
performed for the reasonable and feasible alternatives. CERCLA, NPL, RCRA, RST, LRST,
State Superfund, city/county Solid Waste Landfills.
7.5.3.4.3 Visual survey of study area.
7.5.3.5 Other Environmental Studies, Analyses and Investigations:
The Engineer shall conduct other environmental studies, analyses and investigations in
accordance with FHWA/AHTD requirements for a CE for a transportation improvement project.
The other environmental studies, analyses, and investigations will include the following: water
quality, floodplains, air quality, noise analysis and modeling, wildlife and vegetations, aesthetics,
Section 4(f)/6(f) properties, items of special nature, and construction.
7.5.3.6 Public Meeting
The Engineer will plan, coordinate, participate in, and assist the City of Fayetteville in conducting
one Public Meeting near the project area. The Engineer will identify the logistics involved in
selecting the meeting site with the City of Fayetteville. The City of Fayetteville will subsequently
secure/reserve and pay any rental costs for such site and any necessary equipment.
Attachment A
Page 7 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
The Engineer will determine area media publications and subsequently prepare and publish a
Public Meeting notice. The Engineer will prepare sign -in sheets, comment sheets, and other
materials for the Public Meeting as necessary. The Engineer will provide four (4) personnel to
support the Public Meeting.
The Engineer will develop legal notices for inclusion in local newspapers within the study area to
inform the public of the upcoming meeting. The Engineer will submit the draft text for the legal
notice to the City of Fayetteville for review and approval. Upon approval from the City of
Fayetteville, the Engineer will distribute a public meeting notice to the newspapers accordingly.
The City of Fayetteville will be responsible for payment of the publication of legal notices and
ads.
As directed by the City of Fayetteville and AHTD, the Engineer will obtain Project Mailing List
database from the City of Fayetteville and update as necessary. The Engineer will develop and
maintain the Project Mailing List database of names/addresses to be utilized in distributing the
Public Meeting notice. Persons attending the Public Meeting will be added to the database
when requested by the same.
The Engineer will compile comments received at the Public Meeting and document the same in
the form of a compact, bound report which will include comments cards, letters, attendance
sheets, summary of input, response to public comments, etc. This will include photographs or
copies of informational displays, handouts, etc.
7.5.3.7 Prepare Categorical Exclusion Document
A Draft CE will be prepared and submitted to the City of Fayetteville, AHTD and FHWA for
review and comment. Any necessary revisions to the Draft CE will be incorporated. All work on
the project shall conform to the applicable requirements of the AHTD/FHWA as defined at the
time of the notice to proceed. Sources of material will include data received from the AHTD and
other federal, state, regional, and local governmental and quasi -governmental agencies and field
investigations.
This Scope of Services does not include the preparation of an individual or programmatic
Section 4(f) Evaluation (required for impacts to parkland, recreation land, historic sites),
conducting or attending a public hearing, right -of -entries, formal or informal Section 7
consultation with the USFWS biological assessment/biological evaluation (associated with
endangered species/habitat impacts), USACE Section 10 permit, USACE Section 404 Individual
Permit, USACE field verification, adjustment of staked boundaries subsequent of a USACE field
verification visit, Arkansas Department of Environmental Quality (ADEQ) Section 401 Tier II
permitting, any mitigation designs or plans associated with Section 404 permitting.
Any changes to the standard regulations after the Notice -to -Proceed that require additional effort
would require a supplemental agreement as agreed upon by both parties.
7.5.4 Surveying Services
Surveys will be conducted to create and augment topographic mapping, establish project
control, and locate utilities and soil borings. All survey work shall be completed by NTB
Associates, an AHTD certified consultant, in accordance with Attachment E "General and
Detailed Scope of Work for Control Surveys, Design Surveys, and Land Surveys. 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. A detailed Scope of
Services and fee justification is contained in the subconsultant contract in Attachments B3 and
A3.
Attachment A
Page 8 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
7.5.4.1 Title Services
Information gathered in this task will be utilized to complete land surveys and prepare a strip
map depicting parcels and the proposed right of way. According to AHTD's records, both
projects will involve two parcels each. All work under this task shall be completed by John Elk, a
licensed Abstractor in the State of Arkansas, in accordance with Attachment E "General and
Detailed Scope of Work for Control Surveys, Design Surveys, and Land Surveys.
7.5.5 Geotechnical Services
The Engineer will obtain and utilize the expertise of Grubbs, Hoskyn, Barton and Wyatt for
geotechnical engineering services for the project including wall and bridge recommendations,
borings, subgrade examination, and pavement recommendations. A detailed Scope of Services,
Costs, Fees, Payments and Rate Schedules, and fee justification is contained in the subconsultant
contract in Attachments B1, B2, and A2.
7.5.6 Design
7.5.6.1 Schematic Design (15% Submittal)
Roadway and Bridge Design shall include the following.
7.5.6.1.1 A continuous roll plot depicting ortho-photography overlain with proposed roadway geometry
at a scale of 1 "=200' and conceptual bridge layout will be provided to the City and the AHTD.
7.5.6.1.2 A warrant analysis for the proposed traffic signal in Project 1 will be submitted to the City of
Fayetteville and AHTD.
7.5.6.1.3 Relocation options of existing water and sewer facilities will be identified and
coordinated/confirmed with the City of Fayetteville for Project 2 only.
7.5.6.2 Preliminary Design (50% Submittal)
In this phase of the design, comments from the 15% review will be incorporated into the design
and plans will be developed. Tasks to be completed in the preliminary design phase include:
7.5.6.2.1 Roadway Design shall include the following.
• Title Sheet - The title sheet shall generally conform to the AHTD standard title sheet.
Typical Sections
The typical sections will include notes pertaining to slopes, tolerances, leveling, and other
items. The typical sections will contain information depicting the width of the subgrade, all
lanes, shoulders, and clear zones. The side slopes (run/rise) and finished grade cross
slopes (ft./ft.) will also be shown. The point of profile will be defined and the location of
pipe underdrains if needed will be illustrated. The location and shape for all ditches will
be also be depicted.
Based on traffic data and geotechnical investigations, pavement design
recommendations will be delivered to the City of Fayetteville and AHTD for their review
and approval. Pertinent data and design calculations will be provided as well as the
actual pavement section recommendations. The approved pavement designs will be
incorporated into the typical sections.
• Special Details
Project specific details required to properly construct elements of the job that are not
covered in the standard drawings or other plan drawings will be developed.
Attachment A
Page 9 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
Maintenance of Traffic Signing Details
The maintenance of traffic signing details will suggest a sequence of construction to
complete major phases of the project. It will clearly identify barricades to be placed,
striping to be removed, striping to be placed prior to diversion of traffic, and possible
detour routes and the stages required to maintain traffic during construction. These
details will supplement AHTD standard drawings TC-1, TC-2, TC-3, TC-4, and TC-5.
Plan and Profile Sheets
The plan and profile sheets will contain information including the following in the plan
view: proposed centerline and travel lanes, existing topography, horizontal geometry
(curve data, Pis, bearings), north arrow, lane and shoulder dimensions, taper
dimensions, proposed driveways and side streets, proposed cross drains and related
construction notes, bridge end stationing, guardrail locations, turning radii, limits of
existing and proposed right-of-way and control of access (including fence), construction
limits, location of right-of-way points and benchmarks, floodplain limits, and other data as
required.
The plan and profile sheets will contain information including the following in the profile
view: proposed vertical geometry (including VPIs, grades, and ditch grades),
superelevation station limits, benchmarks, existing ground profile, and drainage
information.
Traffic Signal Plans — Based upon the results of the warrant study noted in sections
7.5.2.1.2 and 7.5.6.1.2, if warranted and approved, traffic signal plans will contain
conceptual layout, signal and electrical plans.
Water and Sewer Facilities
As directed by the City of Fayetteville and based on findings from the schematic design
phase the Engineer will produce plans related to the relocation of existing water and
sewer facilities which are directly affected by the project.
7.5.6.2.2 Bridge Design shall include the following.
Establish Bridge Geometry
Field surveys and proposed roadway geometry will be utilized to develop bridge
horizontal and vertical geometry. Other considerations in developing bridge geometry
include minimum clearances and opening requirements, recommended end slopes and
foundation types, superstructure type and depth. The deck width will be set to provide
the required stopping sight distance. The number and spacing of girders, will be set.
The schematic cross-section sketch of the superstructure will include the deck thickness.
The submitted bridge layout sheet(s) will also include the topography and the design,
construction, and material specifications. Coordination of review and required approvals
by FHWA will be handled by AHTD.
Preliminary Member Sizes
Preliminary girder runs will be done to determine girder depth and overall superstructure
depth. The number of columns and preliminary column diameters will be determined. The
foundation type will be determined based on geotechnical information. Footing depths
will be set and pile sizes and lengths estimated.
• Prepare Bridge Layouts and Typical Sections
This task will consist of developing sheets that depict the location, geometry, type, length,
existing topography, deck thickness, typical material, and width of the bridges in plan and
elevation. In addition, these sheets will show the number and spacing of girders,
Attachment A
Page 10 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
intermediate bent configuration, and foundation type in a cross-sectional elevation.
Written approval of bridge layouts by the City of Fayetteville, AHTD and the FHWA will be
required before detailed bridge design and plans will begin.
Conceptual Bridge Lighting Plans
The submittal will contain recommendations for the bridge lighting concepts.
7.5.6.2.3 50% Submittal
Prepare and deliver four (4) sets of half-size plans to the City of Fayetteville for review by
AHTD.
7.5.6.3 Final Design (901100%)
The objective of this phase is to complete roadway, bridge, and right-of-way plans for the
project. In the final design phase, comments from the 50% submittal will be addressed, all
quantities will be calculated, right-of-way plans developed, and a construction cost estimate
calculated. The final plans review will be performed and comments will be incorporated into the
final plans. Comments from the 50% submittal will be incorporated and final design of the
roadway and bridge will proceed with the written approval by the City of Fayetteville or the
AHTD.
Tasks to be completed in the final design phase include:
7.5.6.3.1 Final Roadway Design
• Incorporate 50% review comments into 90% plans.
Comments from the review of 50% plans will be incorporated in 90% plans and all sheets
will be updated with appropriate quantity callouts once quantities are tabulated.
• Permanent Pavement Marking Details
The permanent pavement marking details illustrate pavement markings and traffic sign
placement. All signing, striping and delineation will be in accordance with the latest
edition of the Manual of Uniform Traffic Control Devices and shall conform to AHTD and
federal regulations, laws and policies. These details will supplement AHTD standard
drawings PM -1 and PM -2.
• Survey Control Sheets
Survey control sheets will show the horizontal and vertical control points and horizontal
alignment data in plan view at the appropriate scale. The following information will be
provided: Traverse Point Table —Point number, northing, easting, and elevation (if
applicable). Horizontal alignment data —Curve number, point type (PC/PI/PT), station,
northing, and easting. The appropriate notes will also be included.
• Erosion Control Sheets
Erosion control plans will be developed and will include temporary measures that will be
put in place at the start of construction. The information for temporary measures include
the location of silt fences (station/offset at Pis), rock berms, sediment basins, as well as
other strategies to prevent pollution of streams by stormwater runoff from the project site.
Permanent erosion control measures that will be left in place after construction is
complete will also be noted.
Cross Sections
Cross sections for all roadways will be shown at a 1:1 scale and include the items
required in the "Roadway Design Plan Development Guidelines". In addition, any match
Attachment A
Page 11 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
lines will be labeled and sections will be provided at bridge ends, begin/end tapers, nose
points, begin/end auxiliary lanes, and any pipes/culverts perpendicular to centerline
construction. Inlet and outlet sections will be shown for pipes/culverts on skews.
• Water and Sewer Facilities
The Engineer will produce plan and profile sheets related to the relocation of existing
water and sewer facilities which are directly affected by the project.
Quantities
Quantities will be calculated and tabulated using the 2003 Standard Specifications for
Highway Construction and the appropriate supplemental and job specific special
provisions and AHTD's Roadway Design Plan Development Guidelines and Roadway
Design Training Guide. The quantity sheets will display the tabulated quantities in typical
AHTD format. A summary of quantities sheet will be provided that tabulates all quantity
items by pay item number, description, unit, and quantity. The quantity sheets and
summary of quantities will be inserted into the plans between the permanent pavement
marking details and the survey control sheets.
7.5.6.3.2 Final Bridge Design
• Superstructure Design
Design activities include, traditional deck design, girder, splice, cross frame, stiffener,
shear connector and bearing designs. The preliminary girder runs will be refined and
final member sizes determined. The elastomeric bearings will be designed in accordance
with AASHTO and AHTD Bridge Memorandums.
• Substructure Design
Design activities include the design of intermediate bents and end bents. This will be
accomplished by developing loads in compliance with AASHTO criteria and modeling the
substructure units to produce member force envelopes for component design.
• Bridge Lighting Design
Design activities include finalization of the lighting plan, appropriate details for installation
and special provisions in the specifications.
• Detailed Bridge Plans
Construction plans will be developed containing end bent and intermediate bent details;
deck, girder, connection, reinforcing, deflection and concrete placement details; parapet,
expansion joint, and bearing details along with project specific general notes.
• Calculate quantities
Bridge quantities will be calculated and grouped by bridge, bridge component, and item
number. The quantities will be calculated in accordance with the 2003 Edition of the
AHTD "Standard Specifications for Highway Construction" and reported to the accuracy
indicated on the January 19, 1997 memorandum entitled "Limits to Show on Bridge
Quantity Sheets"
7.5.6.3.3 Right -of -Way Documents
Right-of-way design activities consist of analysis/calculations and the preparation of right-of-
way documents for 2 tracts on each project. Submittals to City of Fayetteville for the review of
the right-of-way plans and parcel surveys shall be made as follows.
Project 1 — Fly -over Bridge
Attachment A
Page 12 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
Submittals to City of Fayetteville for review of the right-of-way plans and parcel surveys
shall be made in accordance with Attachment F "AHTD State Preparation and Submittal
of Right of Way Plans." Transfer documents for the proposed right of way should be in
name of the Arkansas Highway Commission. All rights of way to the Highway
Commission should be prepared on standard AHTD documents for Fully Controlled
Access Facilities. Control of access will have to be revised along Fulbright Expressway
and will require FHWA approval.
Project 2 - Roundabout
Submittals to City of Fayetteville for review of the right-of-way plans and parcel surveys
shall be made in accordance with standard City of Fayetteville format. Transfer
documents for the proposed right of way shall be in the name of the City of Fayetteville.
Right-of-way plans will be submitted at the 90% level for review.
7.5.6.3.4 Right of Way Monumenting and Final Plat
The Right of Way will be monumented, after property is acquired and or donated and with the
approval of the AHTD to proceed. Monuments shall be set at all Right of Way breaks, and at
all property lines and "40 Acre" lines crossed by the Right of Way line. Land corners, such as
Section Corners, Quarter Corners, and Sixteenth Corners used as the basis of legal
descriptions for properties to be acquired shall also be set, if an acceptable monument was
not found. Additional points along the Right of Way will be set to insure a minimum distance of
500' to 750' between monuments. Each point shall set using the monument assembly and
stampings prescribed and according to AHTD procedures described in AHTD Surveys
Manual, Requirement and Procedures for Design Surveys and Land Surveys.
Standard monument materials will be furnished by AHTD. This includes rebar, 2" caps,
witness post, and sign. Monument caps with specific stampings will be used.
Prepare a final plat that shows all monuments set (or witnessed) according to State minimum
standards and submit to the City of Fayetteville.
7.5.6.3.5 Develop Construction Cost Estimate and Special Provisions
A cost estimate will be prepared based on job quantities and current weighted average unit
prices. Job Specific Special Provisions will be prepared in the standard AHTD format for each
Job.
Submit 90% plans
Prepare and deliver four (4) sets of half-size plans and two (2) sets of cross sections.
Incorporate 90% Review Comments and Submit 100% plans
Prepare and deliver one set of full size plans sealed and signed and cross sections on
bond paper.
7.5.6.4 SWPPP
The Engineer will prepare a Storm Water Pollution Prevention Plan (SWPPP) for the City of
Fayetteville's submittal and use for the project.
13 DELIVERABLES
The following data shall be revised and/or added to Section 13
Attachment A
Page 13 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
13.1 Break in Access
The submittal shall include, documentation for a break in access as noted in the AHTD publication
"Procedures for New or Revised Freeway Access in Arkansas" including:
• The City approved alternatives FEEDC Traffic Study
• Conceptual drawings of the proposed improvements
• VISSIM operational analysis of the proposed improvements
• Signal coordination data
• Weave calculations
• Existing roadway data and tie-in locations
• Purpose and need and public involvement data
• Construction cost estimates
• Safety issues
• Warrant Analysis for traffic signal at Mall Avenue
• Design Criteria
13.1.1 Environmental
Environmental Deliverables shall include the following:
• Archeological Background Study Technical Report prior to CE (4 copies)
• Newspaper advertisements and/or Legal Notices (English and Spanish).
• Public Meeting announcement.
• Project Mailing List database, updated as necessary, Microsoft Excel
• Technical handouts for the Public Meeting (up to 100 hard copies).
• Agenda for the Public Meeting (up to 100 hard copies).
• Comment forms for the Public Meeting (up to 100 hard copies).
• Sign -in Sheets for the Public Meeting (up to 10 hard copies).
• Exhibits/displays for the Public Meeting (up to 10 exclusive displays).
• Bound Report summarizing the Public Meeting (2 copies).
• Draft CE submittal to City of Fayetteville (up to 10 copies).
• Draft CE submittal to the AHTD (up to 10 copies).
• Draft CE submittal to the FHWA (up to 10 copies).
• Final CE submittal to City of Fayetteville, the AHTD and the FHWA (up to 10 copies each).
13.2 Design
The roadway/bridge portion of the project will have three (3) distinct reviews at 15%, 50%, and
90%. Submittals for review will be packaged by job. The deliverables at each review and project
completion (100%) will be as follows for each Job Number:
13.2.1 Schematic Design (15% Submittal)
13.2.1.1 1"=200' Roll Plot of proposed improvements on ortho-photography and 2 copies of the
conceptual bridge layout.
13.2.2 Preliminary Design (50%) will include four (4) half size sets of plans consisting of the following
sheets.
• Title Sheet
• Roadway Typical Sections
• Special Detail Sheets
• Maintenance of Traffic Sheets
• Plan & Profile Sheets
• Ramp Profile Sheets
• Signalization Plans
• Interchange Layouts
• Culvert Sections
Attachment A
Page 14 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
• Bridge Layouts
13.2.3 Final Submittal (90/100%) will include four (4) half sized sets of plans and two (2) sets of cross
sections for the 90 percent submittal. The Final submittal will consist of one (1) full sized sets of
plans on bond paper. The Final submittal will also consist of one (1) full-size set of signed and
sealed bridge plans on bond paper to the Bridge Division. The Department's comments for each
submittal will be incorporated into each subsequent submittal.
• Title Sheet
• Index of Sheets, List of Governing Specifications & General Notes
• Roadway Typical Sections
• Special Detail Sheets
• Maintenance of Traffic Sheets
• Erosion Control Plan
• Roadway Quantities
• Bridge Quantities
• Summary of Quantities
• Survey Control Detail Sheets
• Plan & Profile Sheets
• Ramp Profile Sheets
• Interchange Layouts
• Signalization Plans
• Culvert Sections
• Bridge Layouts
• Bridge Substructure Details
• Bridge Superstructure Details
• Standard Drawings
• Cross Sections
• Special Provisions
• Engineer's Cost Estimate
• Design Calculations
• Geotechnical Report
13.2.4 Right -of -Way Documents will include warranty deeds and 11"x17" right-of-way documents.
13.3 SWPPP Submittal
The SWPPP will contain the necessary data needed to obtain a SWPPP for the project,
including the AHTD, ADEQ and City of Fayetteville data and details.
17. TERM. COMMENCEMENT, AND COMPLETION
The following sentence shall be added to Section 17.3.
The scheduled completion dates for Projects 1 and 2 is detailed in Attachment D1 to Appendix D.
35. NOTICE
The following data shall be revised in Section 35.1.2
35.1.2 To the Consultant:
Carter & Burgess, Inc.
Attn: Kip Guthrie, PE
3729 N. Crossover Road, Suite 111
Fayetteville, Arkansas 72703-5538
Attachment A
Page 15 of 15
FEEDC P.E.
City of Fayetteville
Washington County, Arkansas
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -Over Design - Project 1)
City of Fayetteville
Washington County, Arkansas
Cost per Phase Summary
Break in Access
$28,302.52
Environmental and Permits
$26,986.37
Schematic Design
$38,887.60
Preliminary Design
$103,213.90
Final Design
$175,564.48
Partial Bidding Services
$5,886.13
SW PPP
$8,698.67
AHTD Right -of -Way Plans
$15,970.86
Design Fee
Design Fee $403,510.53
Direct Cost $9,179.00
Geotechnical Services (estimated) $26,068.49
Topographical & Boundary Surveys, ROW Monumentation $40,041.89
Total Fee $478,799.91
Fly -Over Design
1 of 10
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(l)
FEEDC P.E. (Fly -Over Design - Project 1)
City of Fayetteville
Washington County, Arkansas
SUMMARY OF FEES AND COSTS - TITLE I - FEEDC Fly -Over Design
CARTER & BURGESS, INC.
1. Direct Labor
Rate/Hour i
Man-hours
Cost
Subtotals
Project Director
$52.00
102.0
$5,304.00
Project Manager
$46.00
550.0 i
$25,300.00
Senior Engineer
$44.50
354.0
$15,753.00
Engineer II
$33.00 i
665.0
$21,945.00
Engineer I
$30.50
818.0 j
$24,949.00
Land Surveyor
$25.50
106.0
$2,703.00
Engineer Designer II
$25.50 j
80.0 j
$2,040.00
CADD Tech II
$22.25
764.0
$16,999.00
CADD Tech I
$15-50
402.0
$6,231.00
Admin. Assistant
$14.75
56.0 I
$826.00
Survey Crew
$45.00 I
4.0
$180.00
Sr. Env. Planner
$62.75 `
28.0 E
$1,757.00
Env. Planner
$45.00 i
0.0
$0.00
Sr Env. Scientist
$53.00
28.0 i
$1,484.00
Env. Scientist
$26.00 I
168.0
$4,368.00
Subtotals
4125.00
$129,839.00
$129,839.00
2. Burden
Rate
Base i
Cost
General Office Overhead
177.48%
$129,839.00 I
$230,438.24
Subtotals."
$230,438.2E
$230,438.26
3. Direct Costs
Full Size Plots
400.00 Shts @
$5.00 /Sht =
$2,000.00
Half Size Plots
800.00 Shts @
$0.50 /Sht = 4
$400.00
Photo copies
400.00 Shts @
$0.14 /Sht = j
$56.00
Telephone/FAX Charges
20.00 min @
$0.10 /min =
$2.00
Express Deliveries
10.00 C
$20.00 /Ea =
$200.00
Courier Deliveries
15.00 C
$15.00 /Ea = I
$225.00
Auto Mileage
1600.00 ml C
$0.485 /mi = I
$776.00
Air Travel
4.00 RI' C
$500.00 /RT = I
$2,000.00
Per Diem
5 Days @
$30.00 /Day = 1
$150.00
Lodging
4 Days @
$60.00 /Day = (
$240.00
Auto Rental
4 Days @
$45.00 /Day =
$180.00
Cultural Resources
$1.200.00
Deed Research
$750.00
Arkansas One Call
$1,000.00
— —
$9, tt i9.ac
$9,179.00
4. Subcontracts
Grubbs, Hoskyn, Barton & Wyatt, Inc.
$26,068.49
NIB and Associates, Inc
$40,041.89
I Subtotals
$66110.38
$66,110.38
5. Fee
Fee
$43,233.27
Subtotals
$43,233.27
$43,233.27
6. Total Cost Additional
$478,799.91
Fly -Over Design
20110
Attachment At
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -Over Design -Project 1)
City of Fayetteville
Washington County, Arkansas
Break in Access
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project
Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
11
CADD TeCh I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env. Planner
Sr Env.
Scientist
Env,
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Break in Access
Break In access
2
40
60
24
8
Fly -over, roundabout, and new Steel Blvd and existing Millsap traffic
signal coordination (VISSIM) model
8
40
Meeting with AHTD and FHWA
2
4
4
Warrant Analysis for Traffic Signal at Mall Ave
8
24
B
Coordination with City for Millsap Signal Timing
2
1
Address AHTD and FHWA comments/concerns
8
12
OC Review
4
Subtotal - Civil Engineering
8
62
8
0
141
0
0
0
32
0
8
0
0
0
0
0
Hours 8 62 8 0 141 0 0 0 32 0 8 0 0 0 0 0
Fiy-Over Design
30110
AttachmenrAl
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -Over Design - Project 1)
City or Fayetteville
Washington County, Arkansas
ENVIRONMENTAL ASSESSMENT AND PERMITTING
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer 11
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env. Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Data Collection
2
24
Evaluate Social, Economic & Environmental Effects
4
4
Community Impact Assessment
1
12
Archeological Resources
Biological Investigation
8
12
Hazardous Materials
8
Other Environmental Studies
76
Public Meeting
4
4
12
24
Prepare CE Document
6
24
AHTD Review & Response
1
2
4
12
FHWA Review & Response
1
2
2
12
Permitting
1
20
24
ONOC
2
4
Subtotal- Civil Engineering
8
14
0
0
4
0
0
0
6
0
0
0
24
0
28
168
Hours 8 14 0 0 4 0 0 0 6 0 0 0 24 0 28 168
Fly -Over Design
40550
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(l)
FEEDC P.E. (Fly -Over Design- Project 1)
City of Fayetteville
Washington County, Arkansas
SCHEMATIC DESIGN
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project
Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
It
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env,
Planner
Env. Planner
Sr Env.
Scientist
Env,
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Conceptual Design - 30%
Design guidelines
2
8
10
4
8
Coordination with Geotechnical Subconsultant
2
2
10
Meetings/Coordination with FHWA and AHTD
8
4
8
0
Utlity Companies Coordination
2
4
16
4
24
Bridge geometry, bridge length, and wall location finalization
2
40
8
80
24
Roadway geometry
2
16
24
24
Boring Staking
1
4
OC Review
4
2
Subtotal - Civil Engineering
14
81
38
0
130
0
0
0
80
0
8
4
0
0
0
0
Hours 14 81 38 0 130 0 0 0 60 0 8 4 0 0 0 0
Fiy-Over Design
5 of 10
Attachment Al
Job No. 040505
F.A.P. HPP2-2616(1)
FEEDC P.E. (Fly -Over Design- Project 1)
City of Fayette elite
Washington County, Arkansas
PRELIMINARY DESIGN
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env. Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Roadway
Typical Sections
2
2
8
12
Plan & Profile Sheets
2
2
2
12
12
Cross Sections
2
2
32
12
Drainage Improvements
2
6
32
8
Striping Plans
1
2
8
Signing Plans
1
2
8
MOT
2
8
12
40
Erosion Control Plans
2
8
12
40
Title Sheet and Quantities
2
2
2
12
16
Survey Control Detail Sheets
2
4
40
24
Traffic Signal Layout
2
40
40
20
Bridge
Bridge Layout
4
20
40
40
Superstructure
4
12
40
Substructure
4
12
40
Retaining Wall Layout & Design
2
4
12
60
50
Meetings/Coordination with City
6
4
12
Meelings/Coordination with AHTD
8
Utlity Companies Coordination
8
4
Opinion of Probable Construction Cost
2
14
26
60
QC Review
4
1
Subtotal- Civil Engineering
22
111
128
0
124
180
40
40
134
216
0
0
0
0
0
0
2 Electrical Engineering
Bridge lighting design
24
16
60
Traffic Signal electrical design
12
24
Subtotal - Electrical Engineering
0
36
0
0
0
0
0
0
16
84
0
0
0
0
0
0
Hours 22 147 128 0 124 180 40 40 150 300 0 0 0 0 0 0
Fly -Over Design
6 of 10
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -Over Design -Project 1)
City of Fayetteville
Washington County, Arkansas
FINAL DESIGN
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech II
CADS Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env.
Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Final Plans
Typical Sections
0.5
2
4
Plan & Profile Sheets
0.5
0
4
24
40
Cross Sections
0.5
0
4
12
40
Maintenance of Traffic Plan
0.5
4
6
16
40
Drainage Improvements
0.5
6
8
40
24
Striping Plans
0.5
4
4
12
Signing Plans
0.5
4
2
12
Special Details
0.5
4
40
24
Erosion Control Plans
0.5
4
8
20
Title Sheet and Quantities
0.5
4
8
12
20
Roadway QAJQC Review
24
Survey Control Detail Sheets
2
4
16
24
Traffic Signal Layout
2
24
40
Bridge
Superstructure Design
0.5
8
100
Superstructure Detail
0.5
8
80
100
Substructure Design
0.5
8
100
Substructure Detail
0.5
8
80
100
Special Bridge Details and Specs
0.5
8
50
8
Retaining Wall Design
0.5
4
8
2D
20
Meetings/Coordination with AHTD
2
8
8
Utility Companies Coordination
2
4
Special Conditions
4
12
24
40
10
Special Details
4
Quantities
4
12
40
120
12
Opinion of Probable Construction Cost
4
12
24
40
Bridge QA/QC Review
24
Final Plan Review
8
4
Subtotal - Civil Engineering
38
198
134
0
158
630
16
40
488
10
16
0
4
0
0
0
2 Electrical Engineering
Bridge lighting design
12
8
40
Traffic Signal electrical design
12
12
Subtotal - Electrical Engineering
0
24
0
0
0
0
0
0
8
52
0
0
0
0
0
0
Hours 38 222 134 0 158 630 16 40 496 62 16 0 4 0 0 0
Fly -Over Design
7 of 10
AttachmentAl
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -Over Design. Project 1)
City of Fayetteville
Washington County, Arkansas
BIDDING SERVICES
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer 11
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env.
Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Addendums/Inquiries
2
8
8
4
8
Pre -Bid Meeting
1
4
2
Bid Opening
1
2
2
Microstation Plan Submittal to AHTD with plans set to load
4
Subtotal - Civil Engineering
4
14
12
0
8
8
0
0
0
0
0
0
0
0
0
Hours 4 14 12 0 8 8 0 0 0 0 0 0 0 0 0 0
Fly -Over Design
8 of10
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(l)
FEEDC P.E. (Fly -Over Design. Project 1)
City of Fayetteville
Washington County, Arkansas
Swppp
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env.
Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
SWPPP preparation and submittal
4
30
40
24
OA/DC
2
4
Subtotal - Civil Engineering
6
0
34
0
0
0
0
0
0
40
24
0
0
0
0
0
Hours 6 0 34 0 0 0 0 0 0 40 24 0 0 0 0 0
Fly -over Design
90110
Attachment At
Job No. 040505
F.A.P. NPP2-2815(1)
FEEDC P.E. (Fly-OVon Design - Pro/ecr 1)
Clry at Foyottevltte
Washington County, Arkansas
AHTD Right -of -Way Plans
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Englneerll
Engineer
Land
Surveyor
Engineer
Designer 11
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Ern.
Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
I. Civil Engineering
Coordination with Sub -Consultants
4
Translation of data to Microstation Drawings
8
100
4
Submission to and addressing AHTD comments
2
2
AHTD Format and boundary and row plan checking procedure
2
40
ONOC Review
Subtotal • Civil Engineering
2
10
0
0
100
0
50
0
0
0
0
0
0
0
0
0
Hours 2 10 0 0 100 0 50 0 0 0 0 0 0 0 0 0
Pty -Over Design
10 0110
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(l)
FEEDC P.E. (Roundabout Design - Project 2)
City of Fayetteville
Washington County, Arkansas
Cost per Phase Summary
Break in Access
$0.00
Environmental and Permits
$23,368.92
Schematic Design
$11,912.11
Preliminary Design
$46,709.87
Final Design
$66,677.33
Partial Bidding Services
$2,829.63
SW PPP
$6,274.60
Right -of -Way
$1,650.23
Design Fee
Design Fee $159,422.69
Direct Cost $6,566.00
Geotechnical Services (estimated) $7,236.94
Topographical and Boundary Surveys $48,189.77
Total Fee $221,415.40
Roundabout Design
1 of 10
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P,E. (Roundabout Design - Project 2)
City of Fayetteville
Washington County, Arkansas
SUMMARY OF FEES AND COSTS - TITLE I - FEEDC Roundabout
CARTER & BURGESS, INC
1.
Direct Labor
Rate/Hour
Man-hours
Cost
Subtotals
Project Director
$52.00
72.0
$3,744.00
Project Manager
$46.00
249.0
$11,454.00
Senior Engineer
$44.50 j
191.0 I
$8,499.50
Engineer II
$33.00
286.0
$9,438.00
Engineer I
$30.50
0.0
$0.00
Land Surveyor
$25.50
10.0
$255.00
Engineer Designer II
$25.50
0.0 j
$0.00
CADD Tech II
$22.25 i
4.0
$89.00
CADD Tech I
$15.50
686.0
$10,633.00
Admin. Assistant
$14.75
38.0 I
$560.50
Survey Crew
$45.00
4.0 {
$180.00
Sr. Env. Planner
$62.75 j
28.0
$1,757.00
Env. Planner
$45.00
0.0
$0.00
Sr Env. Scientist
$53.00 !
8.0 i
$424.00
Env. Scientist
$26.00
164.0
$4,264.00
i$ubtotals
1740.00
$51,298.00
$51,298.00
2.
Burden
Rate
Base
Cost
General Office Overhead
177.48%
$51,298.0[
$91,043.69
Subtotals
$91,043.69
$91,043.69
3.
Direct Costs
Full Size Plots
200.00 Shts @
$5.00 /Sht = (
$1,000.00
Half Size Plots
600.00 Shts @
$0.50 /Sht = !
$300.00
Photo copies
300.00 Shts @
$0.14 /Sht = j
$42.00
Telephone/FAX Charges
30.00 min @
$0.10 /min =
$3.00
Express Deliveries
10.00 @
$20.00 /Ea =
$200.00
Courier Deliveries
15.00 @
$15.00 /Ea = '
$225.00
Auto Mileage
1600.00 ml @
$0.485 /mi =
$776.00
Air Travel
2.00 RI @
$500.00 /RT =
$1,000.00
Per Diem
2 Days @
$30.00 /Day =
$60.00
Lodging
2 Days @
$60.00 /Day = j
$120.00
Auto Rental
2 Days @
$45.00 /Day =
$90.00
Cultural Resources
$1,000.00
Deed Research
$750.00
Arkansas One Call
$1,000.00
Subtotals
$6,566.00
$6,566.00
4.
Subcontracts
Grubbs, Hoskyn, Barron & Wyatt, Inc.
$7,236.94
NTB and Associates, Inc
$48,189.77
I u oas —
—
--
— $55,4267i'$55,426.71
5.
Fee
Fee
$17,081.0[
SubtotalsSubtotalsi
$17,081.00
$17,081.00
6.
Total Cost Additional
$221,415.40
Roundabout Design
2of10
Attachment Al
Job No. 040505
F.A.P. HPP2.2816(1)
FEEDC P.E. (Roundabout Design- Project 2)
City of Fayetteville
Washington County, Arkansas
Break in Access
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project
Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env. Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Break in Access
Subtotal- Civil Engineering
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Hours 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Roundabout Design
30/10
Attachment Al
Job No. 040505
F.A.P. HPP&2616(1)
FEEDC P.E. (Roundabout Design - Project 2)
City of Fayetteville
Washington County, Arkansas
ENVIRONMENTAL ASSESSMENT AND PERMITTING
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
tl
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env. Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
its
hr
hr
hr
1. Civil Engineering
Data Collection
1
24
Evaluate Social, Economic & Environmental Effects
2
4
4
2
Community Impact Assessment
12
Archeological Resources
Biological tnvestigation
8
12
Hazardous Materials
8
Other Environmental Studies
24
Public Meeting
4
4
12
16
Prepare CE Document
1
6
24
AHTD Review & Response
1
4
20
FHWA Review & Response
1
4
12
Permitting
2
12
OA/QC
1
2
Subtotal - Chill Engineering
7
10
0
a
4
0
0
0
4
0
2
0
28
0
8
164
Hours 7 10 0 0 4 0 0 0 4 0 2 0 28 0 8 164
Roundabout Design
40/10
Attachment At
Job No.040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Roundabout Design - Project 2)
City of Fayetteville
Washington County, Arkansas
SCHEMATIC DESIGN
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project
Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env. Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Conceptual Design - 30%
Design guidelines
2
2
4
4
Coordination with Geotechnical Subconsultant
2
Meotings/Coordination with FHWA and AHTD
2
2
4
Utlity Companies Coordination
2
4
12
Roadway geometry finalization
8
40
Boring Staking
1
4
CC Review
2
2
Waterline Investigation
12
Wastewater Investigation
12
Subtotal - Civil Engineering
6
19
36
0
0
0
0
0
0
52
4
4
0
0
0
0
Hours 6 19 36 0 0 0 0 0 0 52 4 4 0 0 0 0
Roundabout Design
5 of10
Attachment At
Job No. 040505
F.A.P. HPP2.2816(1)
FEEDC P.E. (Roundabout Design - Project 2)
City of Fayetteville
Washington County, Arkansas
PRELIMINARY DESIGN
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior Engineer
Project
Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
St. Env.
Planner
Env. Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Roadway
Typical Sections
1
2
2
8
Plan & Profile Sheets
1
8
24
40
Cross Sections
I
a
20
40
Drainage Improvements
1
8
40
8
Striping Plans
1
2
4
8
Signing Plans
1
2
4
8
MOT
1
8
12
16
Erosion Control Plans
1
8
8
20
Meetings/Coordination with City
e
Meetings/Coordination with AHTD
4
Ullity Companies Coordination
4
8
Opinion of Probable Construction Cost
1
12
20
OA)OC Review
8
2
Waterline Design
4
4
24
40
Wastewater Design
4
4
24
40
Subtotal - Civil Engineering
25
84
48
0
114
0
0
0
0
256
0
0
0
0
0
0
Hours 25 84 48 0 114 0 0 0 0 256 0 0 0 0 0 0
Roundebout Design
60/10
Attachment A l
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Roundabout Design - Pro)ect 2)
City of Fayetf-ills
Washington County, Arkansas
FINAL DESIGN
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer 11
CADD Tech II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env.
Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Final Plans
Typical Sections
1
2
4
Plan & Profile Sheets
1
2
24
16
Cross Sections/Spot Grades
1
2
8
24
Maintenance of Tragic Plan
1
2
4
12
Drainage hnprovements
1
2
8
40
12
Striping Plans
1
2
4
12
Signing Plans
1
2
4
12
Special Details
t
2
8
12
MOT
1
4
8
20
Erosion Control Plans
1
4
8
20
Final Review/Walkthrough with City
4
4
Meetings/Coordinatlon with AHTD
1
4
Utility Companies Coordination
1
4
4
Special Conditions
24
8
4
4
Special Details
2
10
8
Quantifies
4
12
40
8
12
Opinion of Probable Construction Cost
4
8
40
OAiOC Review
6
8
Waterline Design
2
24
40
Wastewater Design
2
24
40
Utility Special Provisions
2
20
24
Utility Details
2
16
24
Subtotal - Civil Engineering
34
94
104
0
164
0
0
0
0
332
12
0
0
0
0
0
Hours 34 94 104 0 164 0 0 0 0 332 12 0 0 0 0 0
Roundabout Design
7 of 10
ArtachmentAl
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Roundabout Design - Pro/act 2)
City of Fayetteville
Washington County, Arkansas
BIDDING SERVICES
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech 1
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env.
Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Addendums/Inquiries
8
1
2
Pre -Bid Meeting
2
1
2
Bid Opening
2
1
2
Microstation Plan Submittal to AHTD with plans cello load
4
Subtotal -Civil Engineering
0
12
3
0
4
0
0
0
0
6
0
0
0
0
0
0
Hours 0 12 3 0 4 0 0 0 0 . 6 0 0 0 0 0 0
Roundabout Design
So! 10
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Roundabout Den/go- Pro/not 2)
City of Fayetteville
Washington County, Arkansas
SWPPP
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env.
Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
SWPPP preparation and submittal
24
40
20
Subtotal - Civil Engineering
0
24
0
0
0
0
0
0
0
40
20
0
0
0
0
0
Hours 0 24 0 0 0 0 0 0 0 40 20 0 0 0 0 0
Roundabout Design
9 of 10
Attachment Al
Job No. 040505
F.A.P. HPP2-2816(l)
FEEOC P.E. (Roundabout Design - Prefect 2)
City of Foyenevrlle
Washington County, Arkansas
Right -of -Way
WORK TASK DESCRIPTION
Project
Director
Project
Manager
Senior
Engineer
Project Engineer
Engineer II
Engineer I
Land
Surveyor
Engineer
Designer II
CADD Tech
II
CADD Tech I
Admin.
Assistant
Survey
Crew
Sr. Env.
Planner
Env.
Planner
Sr Env.
Scientist
Env.
Scientist
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Coordination with Sub -Consultants
2
0
Coordination with City
2
0
CA/OC Review
2
2
Subtotal - Civil Engineering
0
6
0
0
0
0
10
0
0
0
0
0
0
0
0
0
Hours 0 6 0 0 0 0 10 0 0 0 0 0 0 0 0 0
Roundabout Design
toot 10
Attachment A2
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -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
0
$0.00
Project Manager
$35.66
35
$1,248.10
Project Engineer
$35.00
40
$1,400.00
Staff Engineer
$30.00
$0.00
Drilling supervisor
$14.03
40
$561.20
Driller & Technician
$11.30
270
$3,051.00
Engineering Aide/Clerical
$12.88
30
$386.40
415
$6,646.70
$6,646.70
2.
Burden
Rate
Base
Cost
Provisional Overhead
199.23 %
$6,646.70
$13,242.22
$13,242.22
$13,242.22
3.
Direct Costs
Mob/demob (buggy)
0
$2,000.00 /Ea =
$0.00
In yard mobilization
2
$125.00 /Ea =
$250.00
Drilling equipment (truck)
90
$26.25 /Hr =
$2,362.50
Equipment set up & access
20
$26.25 /Hr =
$525.00
Crew truck
110
$5.14 /Hr =
$565.40
Vehicle Mileage
200
$0.45 /ml =
$90.00
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
$3,792.90
4.
Subcontracts
$0.00
$0.00
$0.00
5.
Fee
Fee
subtotal
$19,888.92
$2,386.67
$2,386.67
$2,386.67
6.
Total Contract Cost
$26,068.49
Fly -Over Design
Geotechnical
1 of 1
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/Hou
Manhours
Cost
Subtotals
Principal
$41.67
0
$0.00
Project Manager
$35.66
9
$320.94
Project Engineer
$35.00
12
$420.00
Staff Engineer
$30.00
$0.00
Drilling supervisor
$14.03
10
$140.30
Driller & Technician
$1 1.30
59
$666.70
Engineering Aide/Clerical
$12.88
10
$128.80
$1,676.74
$1,676.74
100
2.
Burden
Rate
Base
Cost
Provisional Overhead
199.23%
$1,676.74
$3,340.57
$3,340.57
$3,340.57
3.
Direct Costs
Mob/demob (buggy)
0
$2,000.00 /Ea =
$0.00
In yard mobilization
1
$125.00 /Ea =
$125.00
Drilling equipment (truck)
15
$26.25 /Hr =
$393.75
Equipment set up & access
8
$26.25 /Hr =
$210.00
Crew truck
20
$5.14/Hr=
$102.80
Vehicle Mileage
80
$0.45 /mi =
$36.00
Per Diem
0
$65.00 /Day =
$0.00
Traffic Control
1
$750.00 /Day =
$750.00
Dozer rental
0
$1,000.00 /Day =
$0.00
$1,617.55
4.
Subcontracts
$0.00
- ------
$0.00
$0.00
5.
Fee
Fee
subtotal
$5,017.31
$602.08
$602.08
$602.08
6.
Total Contract Cost
$7,236.94
Roundabout Design
Geotechnical
1 of 1
Attachment A2
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -Over Design)
City of Fayetteville
Washington County, Arkansas
Design Surveys
NTB Associates, Inc.
1.
Direct Labor
Rate/Hour
Manhours
Cost
Subtotals
Principal
$50.00
2
$100.00
Project Suveyor
$28.00
23
$644.00
Survey Technician
$25.00
16
$400.00
Survey CAD
$16.00
8
$128.00
Survey Crew Chief
$14.00
80
$1,120.00
Instument Person
$13.50
80
$1,080.00
Rod Person
$11.50
80
$920.00
Rod Person
$10.50
80
$840.00
Engineering Aide/Clerical
$10.00
1
$10.00
$5,242.00
$5,242.00
370
2.
Burden
Rate
Base
Cost
Overhead
185.00%
$5,242.00
$9,697.70
$9,697.70
3.
Direct Costs
Vehicle Mileage
1200
$0.43 /mi =
$516.00
Per Diem
16
$109.00 /Day =
$1,744.00
$2,260.00
4.
Fee
$1,792.76
5.
Total Contract Cost
$18,992.46
Fly -Over Design
Design Survey
1 of 2
Attachment A2
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -Over Design)
City of Fayetteville
Washington County, Arkansas
Right-of-way Surveys
NIB Associates, Inc.
1.
Direct Labor
Rate/Hour
Manhours
Cost
Subtotals
Principal
$50.00
2
$100.00
Project Suveyor
$28.00
60
$1,680.00
Survey Technician
$25.00
40
$1,000.00
Survey CAD
$16.00
40
$640.00
Survey Crew Chief
$14.00
88
$1,232.00
Instument Person
$13.50
48
$648.00
Rod Person
$11.50
48
$552.00
Rod Person
$10.50
$0.00
Engineering Aide/Clerical
$10.00
2
$20.00
$5,872.00
$5,872.00
328
2.
Burden
Rate
Base
Cost
Overhead
185.00%
$5,872.00
$10,863.20
$10,863.20
3.
Direct Costs
Vehicle Mileage
800
$0.43 /mi =
$344.00
Per Diem
18
$109.00 /Day =
$1,962.00
$2,306.00
4.
Fee
$2,008.22
5.
Total Contract Cost
$21,049.42
Fly -Over Design
Right-of-way Surveys
20f2
Attachment A2
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Roundabout)
City of Fayetteville
Washington County, Arkansas
Design Surveys
NIB Associates, Inc.
1.
Direct Labor
Rate/Hour
Manhours
Cost
Subtotals
Principal
$50.00
2
$100.00
Project Suveyor
$28.00
23
$644.00
Survey Technician
$25.00
16
$400.00
Survey CAD
$16.00
8
$128.00
Survey Crew Chief
$14.00
80
$1,120.00
Instument Person
$13.50
80
$1,080.00
Rod Person
$11.50
80
$920.00
Rod Person
$10.50
80
$840.00
Engineering Aide/Clerical
$10.00
2
$20.00
$5,252.00
$5,252.00
371
2.
Burden
Rate
Base
Cost
Overhead
185.00%
$5,252.00
$9,716.20
$9,716.20
3.
Direct Costs
Vehicle Mileage
1500
$0.43 /mi =
$645.00
Per Diem
16
$109.00 /Day =
$1,744.00
$2,389.00
4.
Fee
$1,796.18
5.
Total Contract Cost
$19,153.38
Roundabout Design
Survey and ROW
1 of2
Attachment A3
Job No. 040505
F.A.P. HPP2-2816(1)
FEEDC P.E. (Fly -Over Design)
City of Fayetteville
Washington County, Arkansas
Right-of-way Surveys
NIB Associates, Inc.
1.
Direct Labor
'Rate/Hour)
Manhours
Cost
Subtotals
Principal
$50.00
2
$100.00
Project Suveyor
$28.00
60
$1,680.00
Survey Technician
$25.00
60
$1,500.00
Survey CAD
$16.00
60
$960.00
Survey Crew Chief
$14.00
128
$1,792.00
Instument Person
$13.50
88
$1,188.00
Rod Person
$11.50
88
$1,012.00
Rod Person
$10.50
$0.00
Engineering Aide/Clerical
$10.00
2
$20.00
488
$8,252.00
$8,252.00
2.
Burden
Rate
Base
Cost
Overhead
185.00%
$8,252.00
$15,266.20
$15,266.20
3.
Direct Costs
Vehicle Mileage
1200
$0.43 /mi =
$516.00
Per Diem
20
$109,00/Day=
$2,180.00
$2,696.00
4.
Fee
$2,822.18
5.
Total Contract Cost
$29,036.38
Roundabout Design
Right-of-way Surveys
2of2
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Citywide Date Requested Adjustment Number
Division: Citywide
2.008 7/15/2008
Program: Sales Tax Capital Improvements
Project or Item Added/Increased: Project or Item Deleted/Reduced:
$560,173 is being requested in the Engineering Services $560,173 from Federal Grant - Capital revenue.
Account.
Justification of this Increase:
For Carter & Burgess Inc. to provide engineering
services for the Fayetteville Expressway Economic
Development Corridor.
Justification of this Decrease:
The City will receive revenue from the Federal
Government.
Increase Budget
Account Name Account Number
Engineering Services 4470 9470 5314
Decrease Budget
Account. Name Account Number
Federal Grants - Capital 4470 0947 4309
oval Si natures
7//8
Requested By •Date
Budget Director Date
Department irector Date
�C"owx Q 7 7 6Y
Financ irector Date
ay D to
Amount Project Number
02 560,173 06018 1
00
Amount Project Number
560,173 06018. 1
Budget & Research Use Only
Type: A B C ( E
General Ledger Date
Approval Date
Initial Date
Posted to General Ledger
Initial Date
I Posted to Project Accounting
Initial Date
City Council Meeting of May 15, 2007
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operation
From: Ron Petrie, City Engineer
Date: May 1, 2007
Subject: A resolution to accept three recommended options for transportation
improvements associated with the Fayetteville Expressway Economic
Development Corridor Project
RECOMMENDATION
Staff recommends approval of this resolution to accept the options as prepared and
presented by Carter & Burgess for the Fayetteville Expressway Economic Development
Corridor (FEEDC) project.
BACKGROUND
The successful efforts of Mayor Dan Coody lead to a $9 million dollar federal earmark to
be included in the 2005 Federal Transportation Bill (SAFETEA-LU) to improve access to
the regional commercial & medical facilities near the Fulbright Expressway. The
following is a summary of the available funds for this project:
Total Federal Funds in Act: $9,000,000.00
Obligation Limitation: $1,340,150.00 (15% as dictated by FHWA) x4JW I fits 4
Total Federal Funds for Design/Build: $7,659,850.00 &lo eIo
City Transportation Bond: $1,914,963.00 (20% local match)
Total Available Funds for Design/Build: $9,574,813.00
The City Council approved an engineering contract with Carter & Burgess on September
5, 2006 to study the traffic in an area that is bounded by I-540 to the west, College
Avenue to the East, Fulbright Expressway to the south, and the City of Johnson's Main
Street to the north. In addition, the Study also required that a master plan of this area be
developed and to provide recommendations for improvements that can be built with the
available funds. This master plan was presented to the City Council's Street Committee
City Council Meeting of May 15, 2007
on February 12, 2007 which recommended a total of $125 million of transportation
improvements within the study area.
CURRENT STATUS
On March 30, 2007 the Street Committee was presented recommendations of
transportation improvements contained within the Master Plan that could be built with the
$9.57 million in available funds. Carter & Burgess proposed to improve three areas that
are summarized below:
A. FULBRIGHT EXPRESSWAY/COLLEGE AVENUE INTERCHANGE:
Construction of a grade separated flyover for northbound on College to access
westbound lane on Fulbright Expressway including a connection to Mall Avenue.
Estimated Cost is $3.8 million.
B. GREGG STREET INTERCHANGE: Construction of an additional off -ramp lane
at North Hills Boulevard and the replacement of the existing four-way
intersection of Futrall and North Hills with a traffic circle. Estimated cost is $1.5
million.
C. WESTERN STUDY AREA: Construction of one-half (two lanes) of Van Asche
Boulevard from Gregg Street to Garland Avenue (AR Hwy 112). Estimated cost
is $4.0 million.
The Street Committee recommended that the proposed options be presented to the full
City Council for approval with a favorable recommendation.
BUDGET IMPACT
..,� The City currently has $9,574,813.00 available for funding of this project. The attached
resolution will not encumber any funds at this time.
2
RESOLUTION NO. 92-07
A RESOLUTION TO APPROVE THE THREE RECOMMENDED OPTIONS
FOR TRANSPORTATION IMPROVEMENTS IN THE FAYETTEVILLE
EXPRESSWAY ECONOMIC DEVELOPMENT CORRIDOR PROJECT
WHEREAS, Mayor Coody in concert with Senators Pryor and Lincoln and
Congressman Boozman was able to secure a Nine Million Dollar federal earmark within the
2005 Federal Transportation Bill to improve access to the Northwest Arkansas Mall area; and
WHEREAS, the City has committed and has available if required 20% local match of
$1,914,963.00 for this project yielding total available funds for the design and construction of
these projects in the amount of $9,574,813.00; and Me,hn , rs I/AAi�pI
WHEREAS, the City Council approved an engineering contract with Carter & Burgess
on September 5, 2006, to study traffic needs in this area and provide a Master Plan for traffic
improvements; and
WHEREAS, the City Council Street Committee considered the Master Plan during its
March 30, 2007 meeting and recommended approval of the three options to the full City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the three options (shown below) recommended within the Master Plan by Carter & Burgess for
the Fayetteville Expressway Economic Development Corridor and further studied and
recommended by the Aldermen Street Committee during its meeting of March 30, 2007:
A. FULBRIGHT EXPRESSWAY/COLLEGE AVENUE INTERCHANGE:
Construction of a grade separated flyover for northbound on College access
westbound land on Fulbright Expressway including a connection to Mall Avenue;
estimated cost is $3.8 million.
B. GREGG STREET INTERCHANGE: Construction of an additional off -ramp lane at
North Hills Boulevard and the replacement of the existing four-way intersection of
Futrall and North Hills with a traffic circle; estimated cost is $1.5 million.
C. ZTERN STUDY AREA: Construction of one-half (two lanes) of Van Ache
Boibvard from Gregg Street to Garland Avenue (AR Hwy. 112); estimated cost is
$4.0 mi ion. �, ��
Fl
Page 2
Res. 92-07
PASSED and APPROVED this 15`x' day of May, 2007.
APPROVED:
By:
ATTEST:
By: 1 &cam_
SONDRA E. SMITH, City Clerk/Treasurer
: FAYETTEVILLE:
�''�;NG SN►G►�```
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
15 -May -07
City Council Meeting Date
Engineering
Division
Action Required:
Operations
Department
5
qj2 ?
Resolution to accept three recommended options for transportation improvements as ociated with the Fayetteville
Expressway Economic Development Corridor project. } -e�Se c1or c k ' �eYo
$0.00
Cost of this request
4520.9520.5809.00
Acct Number
06035.0607
Project Number
Budgeted Item 1
$ 24,496,473.00
Category/Project Budget
$ 839,504.00
Funds Used to Date
$ 23,656,969.00
Remaining Balance
Budget Adjustment Attached I
S 2 - o�
Cit orney
Finance and Internal Service Director Date
FEEDC Project
Program Category / Project Name
Street Improvements
Program I Project Category Name
2006A Sales Tax Construction
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City e
Received in Mayor's Office
EtiT Ell
Mayor Date
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO
Construction and rehabilitation of the Fayetteville Expressway Economic Development
Corridor, (hereinafter called the "project") as a Federal -aid high priority project.
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU) includes Federal -aid funds to be matched with non-federal funds for
certain high priority projects; and
WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire
to use Federal -aid funds designated for an eligible project and to provide necessary matching for
such funds; and
WHEREAS, funding participation will be as follows, subject to the amount of Federal -aid funds
and obligation limitation approved and available for the project:
Maximum Minimum
Federal % Sponsor %
Preliminary Engineering by Consultant: 80 20
Right-of-Way/Utilities: 80 20
Construction: 80 20
Construction Engineering by Consultant: 80 20
Department Administrative Costs: 80 20 ; and
WHEREAS, the Sponsor understands that all costs for the project in excess of the sum of the
SAFETEA-LU funds and local match (and any additional Federal -aid funds that may be
earmarked for this project in the future with required match) will be the responsibility of the
Sponsor; and
WHEREAS, the Sponsor knows of no legal impediments to the completion of the project; and
WHEREAS, the Sponsor has transmitted to the Arkansas State Highway and Transportation
Department (hereinafter called the "Department") a signed and sealed Resolution from the City
Council (Attachment A) authorizing the Mayor to execute agreements and contracts with the
Department for this project; and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions or any part of the agreement to make the public or any member
thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions
of this agreement; and
WHEREAS, the Sponsor and the Department will adhere to the General Requirements for
Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs)
(Attachment B) and that, as part of these requirements, the Department may set goals for DBE
participation in the project, ranging from 0% to 100%, that are practical and related to the
potential availability of DBEs in desired areas of expertise.
IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal
Highway Administration (FHWA), will participate in a cooperative program for implementation
and will accept the responsibilities and assigned duties as described hereinafter.
THE SPONSOR WILL: C
1. Initially submit to the Department $1,000 to be matched by $4,000 (80%) Federal -aid high
priority project funds for Department administrative costs associated with state preliminary
engineering, which include but are not limited to, on site meetings, environmental review,
plan and specification review, and advertising and bidding. The Sponsor's final share of
costs for this phase will , be determined by actual Department charges to preliminary
engineering.
2. Be responsible for hiring a consultant engineering firm in accordance with the Local Agency
Consultant Selection Procedures (Attachment C) to prepare the necessary environmental
documentation as required by FHWA; and to prepare plans, specifications, and a cost
estimate for construction; and to provide construction engineering for the project. NOTE:
FHWA authorization and Department approval must be given prior to issuing a work
order to the consultant for federal funds to be allowed in these phases.
3. Understand that expenditures for preliminary or construction engineering performed by
the Sponsor's forces are not eligible for reimbursement with federal funds.
4. Conduct the necessary public involvement meetings and public hearings.
5. Ensure that the plans and specifications are developed using the Department's standard
drawings and Standard Specifications for Highway Construction (latest edition). A registered
professional engineer must sign the plans and specifications for the project.
6. Ensure that the plans and specifications comply with the Americans with Disabilities Act
(ADA), the American Association of State Highway and Transportation Officials (AASHTO)
design standards, and all other applicable state and federal regulations, including airport
-2-
11
clearance when necessary, for the type of work involved (See Attachment D for items to be
included in the bid proposal).
7. Make periodic payments to the consultant for design, environmental documentation, and
construction engineering for the proje ,t and request reimbursement from the Department.
8. Submit a letter to the Right of Way Division of the Department that (1) stipulates the services
relative to right-of-way acquisition, appraisal, relocation, and utilities that the Sponsor will
assume or (2) requests that the Department handle some or all of these services. Acquisition
of property must be accomplished in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the
"Uniform Act"). NOTE: Failure to notify the Department prior to initiating this phase
of work may result in any expenditures being declared non -participating in federal
funds.
9. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with
Arkansas State Highway Commission Policy.
10. Provide a copy of the registered deed or an appropriate certification stating the c1 i and
unencumbered title to any right-of-way to be used for the project $Attachment E). NOTE:
Any property that is to become Department right-of-way must be acquired in the
Department's name.
11. Notify the Department at the time the plans are at the 50% completion stain order to allow
the Department to review the progress.
12. Submit a certification letter (Attachment F), including all items noted, to the Department
when requesting that the Department advertise the project for construction bid#.
13. Prior to awarding the contract for construction, submit to the Department $5,000 (20%) to be
matched by $20,000 (80%) high priority project funds for Department administrative costs on
the project during construction. The Sponsor's final share of cost for this phase will be
determined by actual Department charges for construction engineering.
14. After bids are opened and reviewed, and upon concurrence of the Sponsor and the
Department, be responsible for executing the contract.
15. Have a full-time employee of the Sponsor in responsible charge during construction of the
project.
16. Ensure that all work, material testing and acceptance, and inspection is conducted in
accordance with the Department's Standard Specifications for Highway Construction (latest
edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual
and with the plans, specifications, and all other applicable FHWA and Department
procedures for this project.
-3-
I.-'
17. Make payments to the contractor for work accomplished in accbrdance with the plans and
specifications and then request reimbursement from the Department on the Construction
Certification and Reimbursement Request form (Attachment G). •
18. Prior to execution' submit contract change orders fo the Department's Resident Engineer in
charge of reimbursements for review and approval.
19. Maintain and provide to the Department a current list of all subcontractors for the project that
shows names, addresses, and a general description of work each is to perform.
20. Maintain accounting records to adequately support reimbursement with Federal -aid funds awl
be responsible for the inspection, measurement and documentation of pay items, and
certification of all work in accordance with the plans and specifications for the project and for
monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
21. Upon completion of the project, submit the final Construction Certification and
Reimbursement Request to certify that the project was accomplished in accordance with the
plans and specifications (Attachment G).
22. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof.
23. Be responsible for 100% of all preliminary engineering, right-of-way/utilities, and other co''
incurred should the Sponsor not enter into the construction phase of the project. r
24. Be responsible for satisfactory maintenance and operation of all improvements on the project
outside of the Department's right-of-way and for adopting regulations and ordinances as
necessary to ensure this. Failure to adequately maintain and operate the project in accordance
with Federal -aid requirements may result in the Sponsor's repayment of federal funds and
may result in withholding all future Federal -aid.
25. Retain total, direct control over the project throughout the life of all project improvements
outside of the Department's right-of-way and not, without prior approval from the
Department:
• sell, transfer, or otherwise abandon any portion of the project;
• change the intended use of the project;
• make significant alterations to any improvements constructed with Federal -aid funds; or
• cease maintenance or operation of a project due to the project's obsolescence.
io
t{
26. Promptly notify the Department if the project improvements outside of the Department's
right-of-way are rendered unfit for continued use by natural disaster or other cause.
27. Be responsible for the necessary enforcement of operations as required by improvements on
the Arkansas State Highway System and local streets.
28. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment H).
29. Grant the right of access to the Sponsor's records pertinent to this project and the right to
audit by the Department and Federal Highway Administration officials.
30. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment I), which is necessary for project participation.
31. Be responsible for all costs not provided by the Federal Highway Administration.
32. Be responsible for 100% of any and all expenditures that may be declared non -participating
in federal funds, including any such award by the State Claims Commission.
33. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its
officers and employees from any and all claims, lawsuits, judgments, damages, costs,
expenses, and losses, including those arising from claims before the Arkansas Claims
Commission or lawsuits brought in any other legal forum, sustained on account of the
operations or actions of the Sponsor, including any act of omission, neglect or misconduct of
said Sponsor. Further, the Sponsor shall take no action to compromise the immunity from
civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code
19-10-305, or the 11th Amendment of the United States Constitution. This obligation of
indemnification shall survive the termination or expiration of this Agreement.
34. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
35. Repay to the Department the federal share of the cost of any portion of this project if, for any
reason, federal participation is removed due to actions or inactions of the Sponsor, its agents,
its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such
actions or inactions shall include, but are not limited to, federal non -participation arising
from problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures. The Sponsor understands and agrees that the
Department may cause necessary funds to be withheld from the Sponsor's gasoline tax
-5-
allotment should the Sponsor fail to pay to the Department any required funds, fail to
complete the project as specified, or fail to adequately maintain or operate the project.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and will maintain an administrative file
for the project.
2. Review the proposed consultant contract for preliminary engineering and construction
engineering, and obtain authorization from the Federal Highway Administration prior to
approving the contract.
3. Upon receipt of the necessary documentation, reimburse the Sponsor 80% of consultant
costs. k �op,1
4. Review environmental documentation prepared by the Sponsor's consultant.
5. Review plans and specifications submitted by the Sponsor.
6. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation and utility adjustments in accordance with the Uniform Act.
7. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the
appropriate documentation to the file.
8. Ensure substantial compliance with Federal contracting requirements through review of the
bidding proposal to ensure inclusion of required Federal forms, review of the administration
of the DBE program provisions, and general compliance with 23 CFR 635.
9. Be responsible for advertising the project, preparing bid proposals, receiving bids, and
assembling the contract documents in accordance with Title 23 United States Code.
10. Ensure that the Sponsor and the Sponsor's consultant provide adequate supervision and
inspection of the project by performing periodic inspections with the Sponsor representatives
and their consultant to verify that the work being performed by the Sponsor's contractor, and
documented and certified by the Sponsor, meets the requirements of the project plans,
specifications, and all applicable FHWA and Department procedures. The Department
intends to perform these inspections when the construction work is approximately 10% and
50% completed. The Department will also participate in the final inspection of the project.
11. Review and approve any necessary change orders for project/program eligibility.
12. Perform inspections as needed to ensure compliance with the appropriate documents,
procedures, and regulations and participate in the final inspection of the project.
13. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in
the Construction Certification and Reimbursement Request form (Attachment G). This
reimbursement will be limited to the maximum Federal -aid amount and to the federal amount
available at the time payment is requested. If the payment requested exceeds the Federal -aid
-6-
available at the time, the difference will be reimbursed as additional Federal -aid for this
project becomes available.
14. Subject to the availability of Federal -aid allocated for the project, pay the Sponsor the amount
due upon completion of the project and submittal of the final Construction Certification and
Reimbursement Request form (Attachment G).
15. Be reimbursed for costs involved in performing all the services listed above.
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future
Federal -aid highway funds.
IT IS FURTHER AGREED, that should the Sponsor fail to pay to the Department any required
funds due for project implementation or fail to complete the project as specified in this
Agreement, the Department may cause such funds as may be required to be withheld from the
Sponsor's gasoline tax allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this day
, 2007.
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT CITY OF FAYETTEVILLE
Dan Flowers
Director of Highways and Transportation
City Attorney
-7-
Attachment A
RESOLUTION NO. 92-07
A RESOLUTION TO APPROVE THE THREE RECOMMENDED OPTIONS
FOR TRANSPORTATION IMPROVEMENTS IN THE FAYETTEVILLE
EXPRESSWAY ECONOMIC DEVELOPMENT CORRIDOR PROJECT
WHEREAS, Mayor Coody in concert with Senators Pryor and Lincoln and
Congressman Boozman was able to secure a Nine Million Dollar federal earmark within the
2005 Federal Transportation Bill to improve access to the Northwest Arkansas Mall area; and
WHEREAS, the City has committed and has available if required 20% local match of
$1,914,963.00 for this project yielding total available funds for the design and construction of
these projects in the amount of $9,574,813.00; and
WHEREAS, the City Council approved an engineering contract with Carter & Burgess
on September 5, 2006, to study traffic needs in this area and provide a Master Plan for traffic
improvements; and
WHEREAS, the City Council Street Committee considered the Master Plan during its
March 30, 2007 meeting and recommended approval of the three options to the full City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the three options (shown below) recommended within the Master Plan by Carter & Burgess for
the Fayetteville Expressway Economic Development Corridor and further studied and
recommended by the Aldermen Street Committee during its meeting of March 30, 2007:
A. FULBRIGHT EXPRESSWAY/COLLEGE AVENUE INTERCHANGE:
Construction of a grade separated flyover for northbound on College access
westbound land on Fulbright Expressway including a connection to Mall Avenue;
estimated cost is $3.8 million.
B. GREGG STREET INTERCHANGE: Construction of an additional off -ramp lane at
North Hills Boulevard and the replacement of the existing four-way intersection of
Futrall and North Hills with a traffic circle; estimated cost is $1.5 million.
C. WESTERN STUDY AREA: Construction of one-half (two lanes) of Van Ache
Boulevard from Gregg Street to Garland Avenue (AR Hwy. 112); estimated cost is
$4.0 million.
Attachment A
Page 2
Res. 92-07
PASSED and APPROVED this 15`h day of May, 2007.
APPROVED: ATTEST:
IC
SONDRA E. SMITH, City Clerk/Treasurer
�G\ °�'\� Y O,c• `SGT
: FAYETTEVILLE
15'1 Qk4NSP�J�
LNG /ON,G.```
Attachment B
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. This program shall be treated as a legal obligation and failure to
carry out its terms shall be treated as a violation of this financial assistance agreement.
Upon notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which
sanctions may include termination of the Agreement or other measures that may affect the
ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute a breach of contract and after the notification of the Department,
may result in termination of the agreement or contract by the recipient or such remedy as
the recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Attachment C
LOCAL AGENCY
CONSULTANT SELECTION PROCEDURES
Section I — Application
These procedures apply to federally funded contracts for engineering and design
services for projects subject to the provisions of 23 U.S.C. 112, i.e. for construction
performed under the supervision of the Arkansas State Highway and Transportation
Department (AHTD). In accordance with 23 CFR 172 the AHTD has approved these
procedures for use by the Local Agency for the "competitive negotiation" method of
procurement as defined in 23 CFR 172.5, Methods of Procurement.
The Local Agency will use these procedures for Federal -aid contracts and may
elect to use them for non -Federal -aid contracts.
These procedures do not apply to design -build Contracts.
Section II — Advertisement for Letters of Interest.
The Local Agency may employ a consultant engineering firm when a need exists
for engineering services and it is in the Local Agency's best interest to employ an
engineer or engineering firm.
As a minimum, the Local Agency will advertise in the "Arkansas Democrat -
Gazette," a statewide newspaper; the "Engineering -News Record", a trade magazine;
and the Local Agency's website (if available), advising that consultant engineering
services are being sought. Interested firms must furnish a Letter of Interest listing
experience in similar work, the resumes of key personnel, a general description of the
firm, and Standard Form SF 254, Architect -Engineer and Related Services
Questionnaire. The advertisement will be for either a specific single job, a group of
jobs, or for an indefinite delivery of jobs to be determined at a later date with specific
task orders issued for each one.
When the Local Agency advertises a specific job, the advertisement will describe
the work in general terms so that firms may evaluate their interest in performing the
desired services.
When the Local Agency advertises a group of jobs, a general description of work
will be furnished. Firms will be asked to specify the jobs they are interested in
performing. When the Local Agency decides to proceed with a certain job, those firms
having expressed interest in that job will be considered for selection.
When the Local Agency advertises for an indefinite delivery of jobs with later
specified task orders, the advertisement will include a general description of work for the
job tasks.
1 of 5 February 9, 2005
Attachment
Section III — Evaluation of Letters of Interest.
The Local Agency will designate a selection committee to evaluate and analyze
the Letters of Interest that are received with regard to each consultant firm's:
1. Professional staff including the education, experience, number of
personnel available, and any partnerships with sub -consultants
2. Experience with projects of a similar nature as those advertised
3. General and professional reputation, including responsiveness to
civil rights and equal employment opportunity requirements and
opportunities
4. Past work performance
Following their review, the selection committee will prepare a short list of
engineering firms and recommend to the Local Agency that these firms submit detailed
proposals for further evaluation.
Section IV — Request for Proposal.
The Local Agency will prepare a scope of work statement and request proposals
from the engineering firms on the short list. A Local Agency's scope of work will
typically include the following:
1. A detailed description of the work
2. Services that will be furnished by the Local Agency
3. Services expected of the consultant
4. Project conditions of the work
5. Special conditions of the work
6. Assurance of participation of Disadvantaged Business Enterprises
(DBE) in Federal -aid projects. The Local Agency may establish a
DBE goal of a certain percentage of the work for DBE's to assure
DBE's participation in Federal -aid projects. When a DBE goal is
specified, the Local Agency will ensure that a certified DBE(s)
performs the identified engineering work and that the payments to
the DBE(s) verify that the goal was reached. The establishment of
a DBE goal does not preclude a DBE from being the prime
consultant for the job.
The short-listed firms should submit proposals that contain the following:
1. A description of the firm
2. A detailed work plan that identifies the major tasks of work
3. A list of major concerns associated with completing the work
4. A detailed work schedule for specific jobs as requested
5. An organization chart listing key personnel by name and title
6. Resumes of key personnel who will be assigned to the project
7. A manpower estimate for specific jobs as requested
2 of 5 February 9, 2005
Attachment C
The Local Agency will designate a selection committee to review the proposals
with regard to the same items, among others, outlined in Section III. Particular attention
will be directed to the following evaluation factors:
1. Obvious indication that the scope of work is clearly understood
2. Comprehensive, coherent, and detailed work plan
3. Realistic work schedule when applicable
4. Proposed working office location, need for a local office, and any
local representative
5. Identification of sub -consultants and responsiveness to DBE goals
and opportunities
Based on these various items, the selection committee will rank the firms in order
of preference and submit the list to the Local Agency who will either: (1) select one firm
to enter negotiations with, (2) select two or more firms to interview (a firm may present
additional information concerning their proposal at the interview), or (3) select multiple
firms for an indefinite delivery contract. If the Local Agency decides to conduct
interviews, the selected firms will be advised and interviews will be scheduled. After the
selection committee conducts the interviews, it will rank the firms based on the same
items as noted previously and submit the list to the Local Agency. The Local Agency
will review the ranking and make the final selection.
The contract file will contain records of the rankings and supporting data;
however, the rankings will not be public information. Copies of the Letter of Interest
advertisement, the rankings, and supporting data will be submitted to AHTD for the
contract file.
Section V — Negotiation and Contract Preparation.
Once a firm is selected for negotiation for a specific job or a group of jobs, it will
prepare a draft contract including a cost estimate for the project. The other firms on the
short list will be advised of the firm selected, subject to successful negotiations.
More than one firm may be selected for an indefinite delivery contract. The
contract will establish a maximum cost for the contract as well as an expiration date. As
individual task orders are issued, individual task order cost estimates will be negotiated.
The selected firm will prepare a draft contract based on a sample contract
furnished by the AHTD. The draft contract must include overhead rates in accordance
with the principles of 23 CFR 172. For contracts exceeding $250,000 and for contracts
less than $250,000 when there is insufficient knowledge of the consultant's accounting
system, when there is previous unfavorable experience regarding the reliability of the
consultant's accounting system, or when the contract involves procurement of new
equipment or supplies for which cost experience is lacking, the overhead rates will be
verified by an audit by a certified public accountant on behalf of the consultant prior to
execution of the contract.
The Local Agency will review the draft contract proposal and either approve it as
submitted or enter into negotiations with the selected firm to establish a contract and
3 of 5 February 9, 2005
Attachment C
contract amount that the Local Agency deems is fair and reasonable. If a satisfactory
contract cannot be negotiated with the selected firm, negotiations will be formally
terminated. The Local Agency will then enter into negotiations with the second ranked
firm. If negotiations with that firm fail, the Local Agency will formally terminate those
negotiations and begin to negotiate with the third ranked firm, and so on. If the Local
Agency cannot negotiate a satisfactory contract with any of the ranked firms, the Local
Agency shall either (1) select additional firms in order of their competence and
qualifications and continue the negotiation process, or (2) terminate all negotiations and
begin the selection process again.
When the Local Agency and the consultant agree on a negotiated contract
regarding the scope of the work, the professional services to be furnished by the
consultant, the services to be furnished by the Local Agency, and the amount of
compensation and method of payment, the consultant will prepare a final draft and
submit it to the Local Agency and AHTD for review. After review and a determination
that it is acceptable, the consultant will sign the contract and then the Local Agency will
execute the contract. The contract will then be submitted to AHTD for final review and
approval. When approved, copies of the signed contract will be distributed within the
Local Agency and to the consultant.
After the Local Agency executes an indefinite delivery contract, it will assign
specific jobs by task order for the duration of the contract period. The consultant will
prepare each task order based on the scope of work furnished by the Local Agency.
The task order will include a manpower estimate and cost. The Local Agency will
review the task order and approve it as submitted or negotiate with the consultant to
establish a task order and task order amount that the Local Agency deems is fair and
reasonable. After review and a determination that the task order is acceptable, the
consultant will sign the task order and then the Local Agency will execute the task order.
The task order will then be submitted to AHTD for final review and approval. When
approved, copies of the signed task order will be distributed within the Local Agency
and to the consultant.
Section VI — Monitoring the Contract.
The Loca A%ency�may identify staff members as key liaisons for specific projects
or for technical matters during the administration of the contract period.
The Local Agency will:
1. Maintain the contract files
2. Arrange and attend periodic progress meetings
3. Coordinate reviews and approval actions with other agencies
when necessary
4. Review progress payments
5. Coordinate questions from the consultant.
6. Negotiate any change or amendment to the contract and submit to
AHTD as detailed above.
7. Prepare an evaluation of the consultant's performance after
completion of the contract. A copy of the evaluation will be
submitted to the AHTD.
4 of 5 February 9, 2005
Attachment C
Section VII — Consultant Liability
The Local Agency will include a contract requirement that the consultant will
warrant that all services and work products provided as part of the contract are free
from defects in workmanship at the time of acceptance and that the work conforms to
the requirements of the contract. This warrant is effective regardless of the degree of
inspection and acceptance by the Local Agency or others.
If the consultant is required to correct or re -perform any work or services, the
work will be performed at no cost to the Local Agency, and any work or services
corrected or re -performed by the consultant shall also be warranted that it is free from
defects in workmanship. If the consultant fails or refuses to correct or re -perform, the
Local Agency may, by contract or otherwise, correct or replace the deficient items or
services with similar work or services, and charge the cost to the consultant or make an
equitable adjustment in the consultant's reimbursement.
Acceptance is an act of an authorized representative of the Local Agency by
which the Local Agency approves specific services, as partial or complete performance
of the contract. Correction is the elimination of a defect.
5 of 5 February 9, 2005
Attachment D
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID PROJECTS
1) FHWA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
• Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
• Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as part of the bidding documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided
by the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment
CERTIFICATION LETTER
REQUESTING ADVERTISEMENT FOR BIDS
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
County
Dear Mr. Vozel:
The following documents are submitted concerning the referenced project:
1. One reproducible set of plans and specifications.
2. A copy of the engineer's estimate of cost.
3. Copies of any technical specifications or special provisions.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications were developed using the Arkansas State Highway and Transportation
Department's Standard Specifications for Highway Construction (latest edition) and standard
drawings, and comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for the
type of work involved.
I understand that if any project items are declared non -participating in federal funds due to
failure to comply with any State or federal requirements, the City will promptly repay such funds
to the Arkansas State Highway and Transportation Department (AHTD). Further, I hereby
authorize the Director of the Arkansas State Department of Finance and Administration to
transfer such funds from the City's gasoline tax allotment to the AHTD's RRA Fund upon
notification by the Director of Highways and Transportation that such funds are due AHTD and
have not been paid by the City.
Please proceed with advertisement of the project for bids.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Enclosures
Revised: 5/8/07
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST PAGE 1 OF 2 PAGES
4
Job No.: Payee/Sponsor: DATE
FAP: address
County: PAY REQUEST #
Job Name:
Federal Tax ID No.: FROM TO:
1 Maximum Approved Federal -aid Amount
2 Original Contract Amount
3 Net Changes by Change Orders
4 Present Contract Total
5 Present Federal -aid Amount (80% of Line 4
or Amount on Line 1, whichever is less)
6 Work Completed to Date
7 Federal Match (80% of Line 6 or amount
on Line 5, whichever is less)
8 Previous Reimbursements (Federal)
9 Amount Due this Estimate
(subtract Line 8 from Line 71
• "'
Total changes previously approved
ADDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Line 3 above)
Recommended for Payment in Recommended for Payment in
Accordance with Project Agreement Accordance with Project Agreement
Payment is requested from the Arkansas State Highway and
Transportation Department for the Amount Due. I certify that the
Contractor and/or subcontractor(s) are complying with the provisions
of FHWA-1273, Required Contract Provisions, Federal -aid Construction
Contracts, and Supplements; that the work has been completed by the
Contractor in accordance with the plans and specifications; and that
the Contractor has been paid for this work.
By: Date:
Title:
Final payment is requested from the Arkansas State Highway and
Transportation Department for the Amount Due. I certify that the
Contractor and/or subcontractor(s) have complied with the provisions
of FHWA-1273, Required Contract Provisions, Federal -aid Construction
Contracts, and Supplements; that the project has been completed by the
Contractor in accordance with the plans and specifications; and that
the Contractor has been paid for this work.
By: Date:
Title:
Approved for Payment
PAID
Resident Engineer
Construction Engineer
Voucher No.
Asst. Chief Engineer -Operations I Date:
merit
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised 11/30/99
PAGE 2 OF 2 PAGES
JOB NUMBER:
FAP: REQUEST NO: DATE:
JOB NAME:
FROM: TO:
SPONSOR:
CONTRACTOR:
A
B
C
D E
F
G
H
I
ITEM
NO.
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STOCKPILED
(NOT IN D or E)
TOTAL
COMPLETED &
STOCKPILED
TO DATE (D+E+F)
%
COMPLETED
(G - C)
BALANCE
TO FINIS
(C - G)
PREVIOUS
REQUESTS
THIS PERIOD
GRAND TOTALS
:• ... ': •• '•
a. v n ... ... .. .... .. v . . :v 4 x: �$ ':.. ♦ .•.. vi Ti::. ♦'vvv i:. •\�. .. • \•i.•::� tiy:,0. .. ... ..... . •. .. . .. ... ...v. r. Z.
Attachment H
49 CFR 18.42
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
Post -Award Requirements
Retention and access requirements for records.
(a) Applicability. (1) This section applies to all
financial and programmatic records, supporting
documents, statistical records, and other records of
grantees or subgrantees which are:
(i) Required to be maintained by the terms of this
part, program regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to
program regulations or the grant agreement.
(2) This section does not apply to records maintained
by contractors or subcontractors. For a requirement to
place a provision concerning records in certain kinds of
contracts, see Sec. 18.36(i)(10).
(b) Length of retention period. (1) Except as
otherwise provided, records must be retained for three
years from the starting date specified in paragraph (c) of
this section.
(2) If any litigation, claim, negotiation, audit or other
action involving the records has been started before the
expiration of the 3 -year period, the records must be
retained until completion of the action and resolution of
all issues which arise from it, or until the end of the
regular 3 -year period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding
agencies may make special arrangements with grantees
and subgrantees to retain any records which are
continuously needed for joint use. The awarding agency
will request transfer of records to its custody when it
determines that the records possess long-term retention
value. When the records are transferred to or maintained
by the Federal agency, the 3 -year retention requirement
is not applicable to the grantee or subgrantee.
(c) Starting date of retention period --(1) General.
When grant support is continued or renewed at annual
or other intervals, the retention period for the records of
each funding period starts on the day the grantee or
subgrantee submits to the awarding agency its single or
last expenditure report for that period. However, if grant
support is continued or renewed quarterly, the retention
period for each year's records starts on the day the
grantee submits its expenditure report for the last
quarter of the Federal fiscal year. In all other cases, the
retention period starts on the day the grantee submits its
final expenditure report. If an expenditure report has
been waived, the retention period starts on the day the
report would have been due.
(2) Real property and equipment records. The
retention period for real property and equipment records
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrant support. In some cases grantees must report
income after the period of grant support. Where there is
such a requirement, the retention period for the records
pertaining to the earning of the income starts from the
end of the grantee's fiscal year in which the income is
earned.
(4) Indirect cost rate proposals, cost allocations
plans, etc. This paragraph applies to the following types
of documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans,
and any similar accounting computations of the rate at
which a particular group of costs is chargeable (such as
computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan,
or other computation is required to be submitted to the
Federal Government (or to the grantee) to form the basis
for negotiation of the rate, then the 3 -year retention
period for its supporting records starts from the date of
such submission.
(ii) If not submitted for negotiation. If the proposal,
plan, or other computation is not required to be
submitted to the Federal Government (or to the grantee)
for negotiation purposes, then the 3 -year retention
period for the proposal plan, or computation and its
supporting records starts from the end of the fiscal year
(or other accounting period) covered by the proposal,
plan, or other computation.
(d) Substitution of microfilm. Copies made by
microfilming, photocopying, or similar methods may be
substituted for the original records.
(e) Access to records --(1) Records of grantees and
subgrantees. The awarding agency and the Comptroller
General of the United States, or any of their authorized
representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of
grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts,
and transcripts.
(2) Expiration of right of access. The right of access
in this section must not be limited to the required
retention period but shall last as long as the records are
retained.
(f) Restrictions on public access. The Federal
Freedom of Information Act (5 U.S.C. 552) does not
apply to records unless required by Federal, State, or
local law, grantees and subgrantees are not required to
permit public access to their records.
[Revised as of October 1, 1997]
Attachment I
CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
CITY OF
FAYETTEVILLE
Dan Coody
Mayor
M f
N
Attachment E
CERTIFICATION LETTER for RIGHT-OF-WAY OWNERSHIP
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job#
Job Name
Coun
Dear Mr. Vozel:
Regarding right-of-way for the referenced Federal -aid project, I certify that
(Choose one of the following)
(1) title to right-of-way necessary for construction of the project is already in public
ownership. No additional right-of-way is needed.
(2) title to a portion of the right-of-way necessary for construction of the project is already in
public ownership. The additional right-of-way necessary for this project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid # Donations # Condemnations
(3) title to right-of-way necessary for construction of the project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid # Donations # Condemnations
Additionally, I certify that arrangement for adjustment of existing conflicting utilities has been
accomplished. Enclosed are preliminary plans showing the existing right-of-way limits. (for No.
2 and 3 above, add the following) and the boundary of additional right-of-way needed for
construction of this project.
Sincerely,
Enclosure(s)
NAME & OFFICE
(Sponsor 's CEO)
(3/19/2010) Peggy Bell - CFDA Numbers for Auditors
Page 1
From: "Boyd, Mike F."<Mike.Boyd@arkansashighways.com>
To: <PBell@ci.fayetteville.ar.us>
Date: 3/19/2010 10:21 AM
Subject: CFDA Numbers for Auditors
According to my Federal Aid people, the CFDA number for both jobs is
20.205.
If they need anything else done for them let me know.
Mike Boyd, CPA
Assistant Chief Fiscal Officer
Arkansas State Highway & Transportation Department
P. O. Box 2261
Little Rock, AR 72203-2261
Phone (501) 569-2051
FAX (501) 569-2551
(3/19/2010) Peggy Bell - CFDA Number-- for Auditors Page 1
From:
"Boyd, Mike F."<Mike. Boyd@arkansashighways.com>
To:
<PBell@ci.fayetteville.ar.us>
Date:
3/19/2010 10:21 AM
Subject:
CFDA Numbers for Auditors
According to my Federal Aid people, the CFDA number for both jobs is
20.205.
If they need anything else done for them let me know.
Mike Boyd, CPA
Assistant Chief Fiscal Officer
Arkansas State Highway & Transportation Department
P. O. Box 2261
Little Rock, AR 72203-2261
Phone (501) 569-2051
FAX (501) 569-2551
Billing Procedures for Engineering Services
Under a Cost Plus Fixed Fee Agreement
An invoice containing information shown in the attached example must be submitted in a timely
manner but not more often than once per month.
1. A copy of the invoice and all attachments must accompany the original invoice and
attachments.
2. The invoice and copy must be submitted to:
City of XXXX
Address
City, AR 72XXX
Attention: XXXX
3. As shown in the example, the invoice must clearly show the following information:
A. Name and remittance address of the firm requesting payment.
B. Statement number.
C. Date of the Invoice.
D. Period covered by the Invoice.
E. State project number.
F. Federal -aid project number.
G. Project name.
H. Contract upper limit. '700, .215 3)
I. For contracts dated on or after April 18, 2002, the invoice must show the upper limit for
Title I, II and the fee. The maximum that will be paid prior to completion of Title I is
the upper limit amount of Title I less ten percent of the total fixed fee.
J. For supplemental agreements, the invoice must show the current supplemental
agreement number, and the revised Contract Upper Limit, upper limit for Title I, II and
the fee.
K. Nine (9) digit Federal identification number or social security number.
L. Type of payee, i.e. Individual, Sole Proprietorship, Partnership, Corporation,
Other (Federal or State agency, municipality, county or non-profit)
4. Total Preliminary and Construction Engineering costs must be separated, and the final billing
for both Title I and II must be clearly marked as "Final".
5. For Preliminary Engineering (Title I), and Construction Engineering (Title II), the invoice must
show total current period, the previous invoice, and the project to date costs for all categories
and applicable fees as shown in the attached example.
6. To get Current Invoice for Fees take % of Job complete(Exhibit 3) minus previous invoice
percentage and then multiply that times the Fixed Fee of Contract.
7. The invoice must include a certification by appropriate company personnel that the amounts are
correct and payment has not been received.
8. The invoice must include two (2) signature lines for the City. City personnel to recommend
and approve the invoice for payment.
9. All of the above procedures apply to sub -consultants that are under a "Cost plus fixed fee"
contract with the prime contractor, and invoices submitted by these sub -consultants must be
included as an attachment to the prime contractor's invoice.
Page xx of xx
Date xx-xx-xx
PROGRESS REPORT NO. XX
Arkansas State Highway and Transportation Department
JOB NUMBER
JOB NAME �ycp�evi ll� � pr i& Feoso41 %A.,
Date xx-xx-xx through xx-xx-xx
b 15 • 11 13/ ,loot
Current Date
Page xx of xx
EXHIBIT 1- SALARIES
Date xx-xx-xx
Job No. XXXXX
Invoice No. xx
For the period of Xxxx xx, xxxx through Xxxx xx, xxxx
EMPLOYEE
NUMBER
NAME
WORK
CLASSIFICATION
HOURS
DIRECT
RATE
AMOUNT
TOTAL
LABOR
Page xx of xx
EXHIBIT 1A - TITLE II SERVICES
Date xx-xx-xx
Job No. XXXXXX
Invoice No. XX
For the period of XXXXXXX, XXXX through XXXXXX, XXXXX
EMPLOYEE
NUMBER
NAME
WORK
CLASSIFICATION
HOURS
DIRECT
RATE
AMOUNT
,47170
TOTAL
$xx.xx
Page xx of xx
Date xx-xx-xx
EXHIBIT 2- EXPENSES
TITLE I
Job No. xxxxx
Invoice No. xx
For the period of xxxx, xxxx through xxxxxxx, xxxx
EXPENSES:
SUBCONSULTANTS:
xxxxxxxxxx
xxxxxxxxxx
SUBCONSULTANTSUBTOTAL
DIRECT EXPENSES:
Current Amount:
$xxxxxx
$xxxxxx
xxxxxxxxxxxxxxxx
$xxxxxx
xxxxxxxxxxxxxxxx
$xxxxxx
xxxxxxxxxxxxxxxx
$xxxxxx
xxxxxxxxxxxxxxxx
$xxxxxx
xxxxxxxxxxxxxxxx
$xxxxxx
DIRECT EXPENSE SUBTOTAL $xxxxxx
Previous Invoice: Project to Date:
$xxxxxx
$xxxxxx
$xxxxx
$xxxxx
$xxxxx
$xxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
PROJECT EXPENSE TOTAL /'S9. $xxxxxx $xxxxxx $xxxxxx
Page xx of xx
Date xx-xx-xx
EXHIBIT 2A EXPENSES
TITLE II
Job No. xxxxx
Invoice No. xx
For the period of xxxx, xxxx through xxxxxxx, xxxx
EXPENSES:
SUBCONSULTANTS:
xxxxxxxxxx
xxxxxxxxxx
SUBCONSULTANTSUBTOTAL
DIRECT EXPENSES:
xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxx
DIRECT EXPENSE SUBTOTAL
PROJECT EXPENSE TOTAL
Current Amount: Previous Invoice:
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
Project to Date:
$xxxxx
$xxxxx
$xxxxx $xxxxx $xxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx
$xxxxxx $xxxxxx
$xxxxxx $xxxxxx
$xxxxxx $xxxxxx $xxxxxx
Page xx of xx
Date xx-xx-xx
EXHIBIT 3- % COMPLETE
Job No. xxxxx
Invoice No. xx
For the period of xx-xx-xx through xx-xx-xx
ITEM
% OF JOB
% COMPLETE
% OF
JOB COMPLETE
SUBTOTAL
GRAND TOTAL
SUBCONSULTANTS
ITEM
% OF JOB
% COMPLETE
% OF
JOB COMPLETE
SUBTOTAL
GRAND TOTAL