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HomeMy WebLinkAbout31-14 RESOLUTIONRESOLUTION NO.31-14 A RESOLUTION TO AWARD BID #13-58 AND AUTHORIZING A CONTRACT WITH ARCO EXCAVATION & PAVING, INC. FOR THE CONSTRUCTION OF THE TOWN BRANCH TRAIL IN THE AMOUNT OF $779,645.25, AND APPROVING A CONTRACT CONTINGENCY IN THE AMOUNT OF $93,557.43 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 awards Bid #13-58 to ARCO Excavation & Paving, Inc. in the amount of $779,645.25 for the construction of the Town Branch Trail, and further approves a twelve percent (12%) contract contingency in the amount of $93,557.43. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached hereto as Exhibit A, recognizing $352,647.00 in federal revenue. PASSED and APPROVED this 5th day of February, 2014. APPROVED: By: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer ,,�tftirirtttri i'-�i•y�) � •L ti ��fltJriilit���, City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Division: Transportation Services Request Date BY 2014 Department: Transportation Services 2/4/2014 V13.1030 Legistar Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION This budget adjustment recognizes federal Transportation Alternative Program (TAP) revenue from the Northwest Arkansas Regional Planning Commission to be combined with Transportation Enhancement Program funds for the Town Branch Trail Legistar# / Date: 2014-0021 1 2/4/2014 Matt Mihalevich Legistar Title TAP AWARD TOWN BRANCH TRAQ Prepared By Budget & Information Management Use Only Type: A B C D E P Division Head General Ledger Date CITYlkspringer /17/2014 11:38 AM Posted to General Ledger Budget Director initial Date Checked / Verified Initial Date TOTAL BUDGET ADJUSTMENT 352,647 352,647 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Trails 4470.9470.5814.05 352,647 02016 1102 Federal Grants -Capital 4470.0947.4309.00 352,647 02016 1102 WBudget%Budget Adjustments12014_BudgetlLEGISTAR12014_02_041BA_2014-0021_TAP_TRAILS.xlsb 1 of 1 Matt Mihaievich Submitted By City of Fayetteville Item Review Form 2014-0021 l_egistar File Number February 4, 2014 City Council Meeting Date - Agenda Item Only N1A for Non -Agenda Item Action Required: Development Services Department Staff recommends a resolution awarding Bid #13-58 and authorizing a contract with ARCO Excavation & Paving, Inc. in the amount of $779,645.25 for the construction of the Town Branch Trail from Greathouse Park to South School contingent on concurrence from the Arkansas State Highway and Transportation Department, approving a twelve percent (12%) project contingency in the amount of $93,557.43 and approving a budget adjustment recognizing $352,647 in federal revenue. Does this item have a cost? Yes $779,645.25 $676,836.00 Town Branch Trail (Greathouse to 71B) Cost of this request 4470.9470.5814.05 Category or Project Budget $29,501.95 Program or Project Name Trail Development Account Number Funds Used to Date Program or Project Category 02016.1102-$132,311.20 Sales Tax Capital Imp Project Number Remaining Balance Fund Name Budgeted Item? Y85 Budget Adjustment Attached? Yes V20130812 Previous Ordinance or Resolution # 1 31-1 1 Eld RE Original Contract Number: Comments: -AA-1 - ` C ee j• a �ARKANSAS� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thxu: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Matt Mihalevich, Trails Coordinator U k' Date: January 16", 2014 Subject: Town Branch Trail bid award RECOMMENDATION: THE CITY OF FAYETT EVI L LE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of February 4, 2014 Staff recommends a resolution awarding Bid #13-58 and authorizing a contract with ARCO Excavation & Paving, Inc. in the amount of $779,645.25 for the construction of the Town Branch Trail from Greathouse Park to South School contingent on concurrence from the Arkansas State Highway and Transportation Department, approving a twelve percent (12%) project contingency in the amount of $93,557.43 and approving a budget adjustment recognizing $352,647 in federal revenue. PROPOSAL: Town Branch Trail is shown on the Fayetteville Alternative Transportation and Trails (FATT) Master plan as the primary east -west trail for the southern part of Fayetteville. In its entirety, the Town Branch Trail will be 2.8 miles long connecting to existing trail at Razorback Road and extending east through Greathouse Park and the University of Arkansas Research and Technology Park with a connection to Walker Park and St. Paul Trail at City Lake Road. Due to the length, the Town Branch Trail wilt be constructed in phases. The current phase includes a 0.54 mile trail section from Greathouse Park to South School (see attached map). Town Branch Trail will also become part of the 36 mile Razorback Regional Greenway and provide connectivity to the future regional park. Construction is estimated to begin in late March with completion in September of 2014. In February of 2012 resolution number 28-12 authorized Garver, LLC to begin the design work on the structural engineering elements of the Town Branch Trail. The remainder of the project was designed in-house by the r ngineering Division and is being administered through the Arkansas State Highway and Transportation Department. Six bidders responded to the request for formal bids and ARCO Excavation & Paving, Inc. was the lowest responsive bidder. The base bid total for ARCO Excavation & Paving, Inc. has been corrected due to an adding error in their total price - see attached detailed bid tab. The bid for ARCO Excavation & Paving, Inc. was adjusted from $779,644.15 to $779,645.25, an increase of $1.10. THE CITY OF FAYETTEVILLE, ARKANSAS BUDGET IMPACT: In August of 2011, resolution number 131-11 authorized the acceptance of $270,000.00 in Federal -aid funding through the Transportation Enhancements (TE) Program for the Town Branch Trail. This funding will be combined with $352,647 in funding from the Transportation Alternatives Program (TAP) for a total of $622,647 in federal funding at 80%. The City portion of the funding including the 20% local match totals $156,998.25 and has been budgeted through the Trail Development Capital Improvement Program along with the a $93,557.43 contingency. A budget adjustment is included to recognize the $352,647 of additional funding from the Northwest Arkansas Regional Planning Commission through the TAP program. RESOLUTION NO. A RESOLUTION TO AWARD BID 413-58 AND AUTHORIZING A CONTRACT WITH ARCO EXCAVATION & PAVING, INC. FOR THE CONSTRUCTION OF THE TOWN BRANCH TRAIL IN THE AMOUNT OF $779,645.25, AND APPROVING A CONTRACT CONTINGENCY IN THE AMOUNT OF $93,557.43 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 awards Bid #13-58 to ARCO Excavation & Paving, Inc. in the amount of $779,645.25 for the construction of the Town Branch Trail, and further approves a twelve percent (12%) contract contingency in the amount of $93,557.43. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached hereto as Exhibit A, recognizing $352,647.00 in federal revenue. PASSED and APPROVED this 4t' day of February, 2014. APPROVED: Lo LIONELD JORDAN, Mayor LIN ATTEST: SONDRA E. SMITH, City Clerk/Treasurer o f � e � m O m Z LL m r N N O Y1 O 1° F.- C7 y@ Val w Z XX XI 0 Z * C` Ql a' to E'i m o E o m c a cma`> E m j o cn u m g °' S°w a in I F 5 f! m � O a a E o) cc lq ti'3. r o W LO z o a ti C CY d94 C o �"'- -.�• � O b OQD C.O C. C. C. O O O O C.m 0 w p to o us 0 us 0 u► e d► o w 0 vs c w C. v► MP. 0.—t .' r ;'w o m m E o co A c a� co t • ' ", OJ . A •4b• O J v Ld LL i. Nr 88 ' h — W ;`teeTwww' a w m N a f° m J N C e m CL c m y m h a c w c 1° L T w M -ItLO W i+ CO M m 4 g 0 ii o City of Fayetteville - Bid 13-58 Town Branch Trail - Bid Tabulation Bid Onenlna - January 14th. 2W at 2:00om Enninaars Estimate ARCO Excavation S Pavinn ITEM NO_ SPEC RIT DESCRIPTION UNIT EST Q-1Y IiSTIMA'1'ED UNIT PRICE I:S'I'IMA'1'liD TOTAL UNIT PRICE I'MAL 1 112 Trench and Excavation Safety Sys(ems I S 1 S5,000 35,000 S 1,250 00 $1,250 00 2 201 Clearing, Grubbing & Demolition LS 1 $2000 $20,000 $7,500.00 ST500 00 3 202 Unclassified Excavation (Plan Quantity) CY 3,000 s10 $30,000 $7 25 S21,750.60 4 202 Sclect Fill (Plan Quantity) CY 2,726 $14 S38,164 $11 75 S32 030 50 5 204 4" Topsoil Placcincnt & Selcct Grading (Existing soil may be used) SY 5,842 $2 $11,684 $l 30 $7,594 60 6 205 Undercut and Stone BackHll (as directed) Ton 100 S35 S3,50{J S30.00 $3,000 Op 7 301 24"ReinforcedConcrete Pipe LF 24 $50 S1,200 372,00 $1,728.00 8 301 24" Reinforced Concrete Pipe Flared End EA 2 S500 $1,000 S685 00 $1,370 00 9 401 4" Class 7 Aggregale Base SY 5,206 S5 $26,030 S3.75 $19,522 5(l 10 303 10' wide x T tall Precast Concrete Box Culvert 1. 1: 50 S300 S15,00 S595 00 $29,750 M 11 303 8' wide x Y tall Precast Concrete Box Culvert 1.F 36 5250 $9,000 $420 00 $15,120 Ob 12 303 WingWalls & Appurtenances LS I S7,000 $7,000 $15,000.00 $15,000 0(3 13 505 Solid Sod (Staked) (Bennuda) SY Lill $3 $3,333 $3 65 $4,055 15 14 505 Seeding and Mulching Acre 2 $1,000 $2,000 53,750 00 $7,500 M 15 509 Erosion control BMP's LS 1 S3,000 S3,000 S8,085 00 $8.085 00 16 511 Mobilization (not toexceed 5%ofcontract price) LS 1 $20,000 S2000 $15,000.00 $15,0((1,00 17 517 'TreeProlectionFcncing LS I S1,500 $1,500 S2,50000 $2,5000(1 i8 507 4" Trail Centerline Stripe (Yellow Paint) LF 3,082 31 $3,092 St 20 $3,699 40 19 508 'Frail Signs with U-Cbannel Post P.A 17 $200 S3,400 $275,00 S4,675.00 20 601 4" Concrete Trail SF 35,622 S5.00 S 178,1 10 S3 25 S115,771 R 21 SP-1 SP-2 SP-3 SP 16 New Bridge Construction LS 1 S104,060 S104,060 $76,500 00 S76,500 00 22 Sp- 1 SP-4 Truss Redecking LS 1 $45,4.30 $45,430 $60,200.00 S60,200.00 23 SP 1 SP-S Retaining Wall Constriction (Cast in Place) LS 1 $185,075 $185,075 $58,500 00 S58,500.00 24 1 SP-7 Handrail LF 280 S35 $9,800 $93 00 S23,240 00 25 SP-8 6' Ornamental Welded Steel Fence W1Gatc LF 440 S26 S11,440 $55.00 S24,200.00 26 SP-9 Rip Rap (Native Sands(one) SY 40 $too $4,000 $80 00 53,200 0(1 27 SP-10 SP-Il Light Fixture and Pole, Type A LA 3a $2,000 $76,000 $3,800.00 $144,400 00 28 SP-10 SP-ll Light Fixturc, Type B EA 3 $1,200 $3,600 $1,500 00 $4,500 00 29 SP-12 I tl2" Electrical Conduit (Shedule 40 PVC) LF 3,082 S4 S 12,328 S6 50 $20,033 W 30 SP-12 9"xII"Fiberglass'PulymcrConcietePu11Box EA 38 $150 $5,700 $15500 S5,89000 31 SP-13 3/4" Galvanized Rigid Steel Conduit T.F 208 SC, $1248 S9.75 $2,028.00 32 SP-14 No 8 AWG Copper Conductor LF 8,721 $150 $13,082 S1.60 $13,953.60 33 SP-10 SP-12 SP-15 Electrical Service Equipment Pedestals LA 2 52,000 $4,000 S5,550 00 S11,100.00 34 See tams ' Insurance & Bonding LS 1 S5,000 S5,000 $15,00000 S15,00000 EstimatedTotal 5862,765.50 Total 5779,64$.25 caaenaa ence macaw try ar lv Boulder Construction Dean Crowder Co. General Construction Sam Tomlinson Asnhall Co. Townshln Builders. Inc UNIT PRICF TOTAL UNIT PRICE TOTAL UNIT PRICE TO'1AI, UNIT PRICE TOTAL LiNII PRICL TOTAL $4,735.00 $4,735 00 S15,00000 115,000 00 $4,900 00 $4,900 00 S1,00000 $1,000.00 S2,000 00 $2,000 00 $30,542 00 $30,542 00 $110,000.00 $1 I0,U00 On $50,026 07 S50,026 07 S 15,000 oo S 15,000 00 S45,000 00 S45,000 00 $926 $27,780.00 $24 00 $72,00000 S I 144 534,320.00 S 13 40 140,200.00 S 10 00 S30,000 O0 $14.12 $38,491 12 S5000 5136,30000 $16.03 $43,697.78 $2000 554,5200 5I800 S49,06800 S2 65 $15,481 30 $8 65 S50,533 30 $4 05 523,660.10 S3 50 $20,447.00 $2 00 $I 1,684 0(l $53 00 $5,300.00 16200 S6,200 00 S62.79 $6,279 00 S50 00 $5,000 00 S45 00 54,500 00 S73.00 $1,752.00 S134.00 $3,21600 $12163 S2,919.12 $80.00 S1,920.00 $58.00 S1,39200 $867,00 $1,734.00 $98400 $1,96800 $88650 $1,773,1) $800.00 $1,600.00 $1,00000 $2,00000 $4 85 $25,249 10 $12 25 S63,773 50 $6 34 $33,006.04 $5.00 $26,030.00 1400 520,824 0f1 $1,077 00 353,850.00 $765 00 538,250.00 $306 25 $40,312 50 $910,00 $45,500 00 $850 00 $42,500.00 $574.00 520,664.00 $575.00 S20,700 00 S599 38 $21,217 68 5600 00 $21,600 00 S450 00 S16,200 00 325,94700 $25,947.00 S51,000 00 $51,000 00 S13,413.00 S13 413 00 S24,000,00 S24,000 00 $29,000 00 S28,000 00 $2.94 $3,266 34 1400 S4,444 00 35.00 $5,555 00 S4.00 $4,444 00 S3 OO S3,333 00 $3,846 00 $7,692 00 S10,00000 S20,00000 $10,1 18 03 $20,236 06 52,000 00 S4,000.0 $23200 00 $4,400 00 $51828 00 $5,828 00 $50, I00 00 S50,100 00 S 13,066.99 $13,068.99 $16,800.00 S 16,800 00 $7,000.00 $7,00000 S44,87150 344,87150 S6,00000 $6,000.00 $38,12500 $38,125.01) S21,00000 $21,00000 S45,288.00 545,28800 S 1,244 00 S I ,244.00 $42,120 00 $42,120.00 $1,595 06 $1,595 06 S1,00000 $1,000 00 $1,500 00 S 1,.500 00 S0.35 $1,078, 71) $1.50 S4,623.00 $0.38 $1,171 16 Si 00 S3,082 00 $1 00 S3,082 00 $31.2 00 $5,304 00 S350 00 $5,950 00 S331 25 $5,631 25 $225.00 $3,825 00 $250 00 $4,250 00 S3.30 $'1 17,552,60 $6 00 S213,732 00 5345 $122,89590 S300 S 106,866.00 $5 00 5178.110 00 599,,135.00 $99,435 00 S223.750 00 $223,750 00 $107,798.02 $107,798 02 5 10 1,720 00 S101,72000 S148,673 00 $148,673 00 $27,007.00 $27,007 00 S48,000 00 $49,000.00 $7,240.04 $7,240 04 $19,200 00 S 18 200 00 $31,000 00 $3 1,000 00 597,636.00 S97,636.00 $220,000.00 3220,000 00 $120,261 39 $120.261 39 S169,98000 $169,980.00 $125,000 00 $121,000 00 $77 00 $21,560 00 S336 00 $94,080 00 $92.88 326,006 41) 56500 S 18,200 00 $70.00 S19,60000 S40 00 S 17,600 00 $51 00 $22,440 00 $42.46 S 18,682.411 S37,00 S 16,280.00 S50.00 522,000 CO 39700 $3,880.00 5330 00 S 13,20000 $83 37 $3,334 80 S 150 00 $6,000 00 $57 Of) S2,280 CO $4,067 00 S 114.546 00 $4,500.00 $171,000 00 $3,480.00 S132,24000 S3,320,00 S126,16000 $3,300.00 S125,400 00 S 1,388.00 $4,164 00 $1,500.00 $4,500.00 $1,129 00 S3,38400 S 1,000 00 $3,00000 $900.00 52,700 00 3700 $21,574 00 $7 00 S21,574 00 $7 26 $22,375 32 $7 25 S22,344 50 S7 00 $21,574 00 116-5 00 56,270.00 $175.00 S6,6.50 00 M5 00 S 12,350 00 5265,00 $10,070 00 $200.00 $7,600 00 $10.00 $2,080 00 S 1 1 00 $2,28800 $12 00 $2,496 00 $1 1 00 S2,289.00 S 15.00 S3,120 Oft S154 S13,43034 S2.00 $17,442,00 S1.80 S15,69780 $170 $14,82570 1200 $17,442,0(1 55,203 00 310,406 00 S5,500 00 $1 1,000 00 $2,400.00 54,800 00 S2,140 40 $4,280 80 $2,000 00 $4 OM 0[1 $20,59200 S20,5K00 S20,000.00 $20,000.00 $13,00000 S13,00000 S16,75000 St6,75000 S19.00000 S19,000011 Total $938.53300 Total $1,791,83380 Total $973,46900 Tote1 $947,93300 Total $1,049,52000 so C � HWEST ANSAS EGIONAL PLANNING CONIMiSSION April 5, 2013 Mayor Lioneld Jordan City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 1311 CLAYTONST. SPRINGDALE, ARrANSAS 72762 (479) 751-7125 FAX (479) 751-7150 Re: Fayetteville Town Branch Trail — FY2O13 Transportation Alternatives Program (TAP) Dear Mayor Jordan: Reference is made to your request for federal Transportation Alternatives Program (TAP) funds for the Fayetteville Town Branch Trail Project. As you know these funds come to the region because the population of our urbanized area now exceeds 200,000. Projects are subject to a competitive selection process and must be approved by the Northwest Arkansas Regional Planning Commission — Policy Committee. I am pleased to inform you the Fayetteville Town Branch Trail Project was approved by the RPC/Policy Committee on March 27, 2013. This project will utilize $352,647 in Transportation Alternatives Program (TAP) funding and requires a 20% local match by the City of Fayetteville. The TAP funding is subject to an obligation limitation and the total available funds may change after final FFY2013 funding is published. These funds are required to be obligated by the end of the Federal Fiscal Year which ends on September 30, 2013. All required AHTD submittals and required approvals for this project should be completed by August 15, 2013 in order to allow sufficient time to obligate the TAP funds for this project. Please note that TAP projects "...must comply with applicable provisions in title 23, such as project agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis -Bacon), competitive bidding, and other contracting requirements, regardless of whether the projects are located within the right-of-way of a Federal -aid highway." Please let us know if you have any questions or need additional information regarding this program. Sincerely, JWTHawkins Director Cc: Mr. Alan Meadors, AHTD Mr. Daniel Byram, AHTD PLANNING - MANAGEMENT- IMPLEMENTATION 9 conUnuing process " �y j • f i r t i L DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: TOWN BRANCH TRAIL Contract No.: THIS AGREEMENT is dated as of the day Q � t e year 2/by and lantM a VAT ND IM between The City of Fayetteville, Arkansas and _ , nnn" EAST HIGHWAY (hereinafter called Contractor). BENTONVILLE, AR 72712 479-451-8000 ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: 1. Mobilization/Demobilization 2. Clearing & Grubbing of vegetation in the damaged area. 3. Excavation of unsuitable soil down to rock or unyielding subgrade. 4. Select Fill under the trail. 5. Installation of a new trail bridge including concrete deck, foundation, abutment and wing walls. Rehabilitation of existing trail bridge including steel upgrades and concrete deck. 5. Installation of a storm drainage pipe, box culverts and junction boxes. 7. Installation of a cast -in place wall including foundation, wall rock, drain pipes, select backfill, handrail, and trail under the 7 1 B. bridge. S. Trail subgrade preparation and concrete paving. 9. Site restoration including, topsoil, select grading, sod and seed. 10. Fence reinstallation. 11. Trail Lighting and service panels City of Fayetteville 00500 - 1 Town Branch Trail Addendum No. 1 DOCUMENT 00500 —AGREEMENT (continued) ARTICLE 2 - ENGINEER 2.01 The Project has been designed by the City of Fayetteville, Engineering Division, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 150 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 180 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial City of Fayetteville 00500 - 2 Town Branch Trail Addendum No. 1 DOCUMENT 00500 — AGREEMENT (continued) Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. City of Fayetteville 00500 - 3 Town Branch Trail Addendum No. 1 DOCUMENT 00500 —AGREEMENT (continued) 5.02 PROGRESS PAYMENTS RETAINAGE; A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. City of Fayetteville 00500 - 4 Town Branch Trail Addendum No. 1 DOCUMENT 00500 —AGREEMENT (continued) 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and City of Fayetteville 00500 - 5 Town Branch Trail Addendum No. 1 DOCUMENT 00500 —AGREEMENT (continued) (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract City of Fayetteville 00500 - 6 Town Branch Trail Addendum No. 1 DOCUMENT 00500 —AGREEMENT (continued) Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4, General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. City of Fayetteville 00500 - 7 Town Branch Trail Addendum No. 1 DOCUMENT 00500 — AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: TOWN BRANCH TRAIL 8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. City of Fayetteville 00500 - 8 Town Branch Trail Addendum No. 1 DOCUMENT 00500 — AGREEMENT (continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. City of Fayetteville 00500 - 9 Town Branch Trail Addendum No. 1 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on n , 20Ld which is the Effective Date of the Agreement. AR(Q Name Written: r'S Uin de Signature: ti` 'title: ,r—D (SEAL) Attest CITY OF FAYETTEVILLE Signature: Title: Mavor� .•. Ap Attest City of Fayetteville 00500 - 10 Town Branch Trail Addendum No. 1 DOCUMENT 00500 —AGREEMENT (continued) Address for giving notices Address for giving notices ARCO EXCAVATION AND PAVING. INC 10287 EAST HIGHWAY 72 BENTONVILLE, AR 72712 113 W. Mountain Street 479-451-8000 Fayetteville AR, 72701 License No. _ (attach evidence of authority to sign and resolution or other documents Agent for Service of process authorizing execution of Agreement) (If Contractor is a corporation, Approved As to Form: attach evidence of authority to sign.) By: Attorney 1-or: `?C U, ((.e END OF DOCUMENT 00500 City of Fayetteville 00500 - 11 Town Branch Trail Addendum No. 1 Matt Mihalevich Submitted By City of Fayetteville Item Review Form 2014-0087 Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department Staff requests Mayors approval of the attached Agreement for Construction Materials Testing & Engineering Services with GTS, Inc. for construction materials testing for the section of Town Branch Trail from Greathouse Park to South School. Does this item have a cost? Yes $7,500.00 Cost of this request 4470.9470-5814.05 Account Number 02016 $1,874,961.00 Category or Project Budget $1, 322, 897.66 Funds Used to Date Trail Development Program or Project Name Trail Improvement Program or Project Category Sales Tax Capital Imp Project Number Remaining Balance Fund Name $544,563.34 Budgeted Item? Budget Adjustment Attached? NO V20130812 Previous Ordinance or Resolution # 31-14 Original Contract Number: Comments: • Tavee�le -ARNANSAS� NON AGENDA MEMO To: Mayor Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Matt Mihalevich, Trails Coordinator Date: February 141h, 2014 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: Town Branch Trail — Contract with GTS, Inc for Construction Materials Testing RECOMMENDATION: Staff requests Mayors approval of the attached Agreement for Construction Materials Testing & Engineering Services with GTS, Inc. for construction materials testing for the section of Town Branch Trail from Greathouse Park to South School. PROPOSAL: On February, 41h 2014 the City Council approved resolution 31-14 awarding bid #13-48 and authorizing a contract with ARCO Excavation and Paving for the construction of a'/z mile long section of Town Branch Trail from Greathouse Park to South School. City inspectors will perform the daily construction inspection and project management, however specific materials testing for concrete and subgrade require specialized testing services. GTS, Inc. has the expertise to perform this work under RFQ 13-01 and has provided a reasonable price for the work. BUDGET IMPACT: GTS, Inc, has provided a lump sum cost of $7,500 for the construction materials testing. Funding has been allocated for this contract through the Trail Development Capital Improvement Program. 1915 North Shiloh Drive, 3uite 1 Fayetteville, Arkansas 72704 Office; (479) 521-7645 Office Locations: Fayetteville, Arkansas G TS, In c. Fort Smith, Arkansas 0"I*oll.raso 7..r1.a 9-91C.. Tulsa, Oklahoma www,gtsinc.cc February 13, 2014 City of Fayetteville Engineering Department 113 West Mountain Street Fayetteville, Arkansas 72701 Attention: Mr. Matt Mihalevich RE: Construction Materials Testing (CMT) Proposal Fayetteville Town Branch Trail (Job No. 040603) Fayetteville, Arkansas Proposal No. 14-CMTP-005REVISED Mr. Mihalevich: We appreciate the opportunity to submit this proposal to perform Construction Materials Testing (CMT) Services on the above referenced project. We understand that the scope of the work for this project will consist of new multi -use trail construction (Town Branch Trail) to be located from Greathouse Park to South School (US Highway 71 B) in Fayetteville, Arkansas. Scope of Services Testing for this project is anticipated to consist of soil and base densities, cast in place concrete testing, proofroll observation by engineer, and laboratory testing including moisture -density relationship (proctor) and classification (sieve analysis and atterberg limits) for proposed select fill material(s). To develop a lump sum cost proposal for this project, we have listed below the estimated per trip costs for each testing service required. Trip Pricing We would estimate the following per trip prices: • A per trip price for soil and base density testing to be approximately $80.00 • A per trip price for concrete testing to be approximately $200.00 • A per trip price for engineering proofroll observation to be approximately $225.00 • A per trip price for cylinder pick up to be approximately $70.00 Arkansas • Oklahoma . Missouri . Kansas City of Fayetteville Town Branch Trail Fayetteville, Arkansas 14-CMTP-005REVISED Page 2 Laboratory Testing GTS, Inc. Gao..hnhsl i TsoUwy 9-1.60 • Moisture -density relationship (proctor with classification, and including sample pick up fee) - $330.00/each Project Testing Details The above estimated per trip pricing is based on the following assumptions: • Technician/Engineer traveling from our Fayetteville, Arkansas office • Round-trip mileage to and from our Fayetteville, Arkansas office is approximately 14 miles at $0.58 per mile (or current IRS guideline + 5%) • Round-trip travel time to and from our Fayetteville, Arkansas office is approximately 30 minutes • Time spent on site per visit for densities, concrete testing, and proofroll observation is estimated at 1 hour • One (1) set of concrete cylinders sampled per trip for concrete testing including air, slump, and temperature testing in accordance with applicable ASTM test method. • Four (6" x 12") cylinders made per set for concrete testing Additional sets of concrete can be made during a trip for approximately $100 per set plus the extra technician time to test the concrete. These estimates may be increased or decreased depending on the exact time spent on site. Testing Frequency GTS followed the City of Fayetteville specifications for roadway construction when estimating the total number of trips required for each testing service. Concrete Testing: • Concrete Trail (including two (2) bridge abutments) -- 15 trips (1 set of cylinders sampled per trip) • Retaining Wall Foundations — 2 trips (1 set of cylinders sampled per trip) • Retaining Wall Sections — 2 trips (1 set of cylinder sampled per trip) Density Testing: • 10 trips for select fill material 6 trips for Class 7 base course Arkansas* Oklahoma . Missouri . Kansas city of Fayetteville Town Branch Trail Fayetteville, Arkansas 14-CWP-005REVISED Page 3 Proofroll Observation: • 6 trips (1 trip per 500 linear feet of proposed trail) Laboratory Soils Testing: • Proctor/Classification for select fill material — 2 samples estimated GTS, In c. aw�.erdr..rA r.,rJnp$*"la.. It is our understanding that the construction of the new Town Branch Trail will consist of approximately 3,082 linear feet of trail, pedestrian bridges, and concrete retaining walls. The scope and frequency of testing services to be included in this proposal was based on the construction schedule of a recent City of Fayetteville trail project (Frisco Trail) in which GTS performed the third party testing services on. Cost Proposal Based on the scope of work defined above, GTS will provide the testing services detailed in this proposal for a total lump sum amount of $7,500.00. The lump sum amount includes testing and inspection services defined in the above scope of services for the referenced project. Tests not included In the above defined scope would be billed in addition to the total lump sum amount shown above (per GTS standard rate sheets). Changes in specific number of tests or trips listed above may change either up or down without changing the lump sum price. Invoices will be prepared monthly over the course of the first three months of the project. Arkansas • Oklahoma • Missouri • Kansas City of Fayetteville Town Branch Trail Fayetteville, Arkansas 14-CMTP-005REVISED Page 4 Closing GTS, Inc. We appreciate the opportunity to prepare this proposal for the referenced project. If there are any questions regarding the information contained in this proposal, please call. Sincerely, GTS; Inc. Nathan Mahaffey CMT Engineering Manager NCUDAB Copies to: David A. Berry, P.E. President Addressee (email) Arkansas • Oklahoma a Missouri • Kansas it) j5 North S[iiloh Drivc, Suite i !)ffire Lrrrario ns: Fayetteville, Arkansas 72/04 !4{rrr�rriUr,-1,Acr,rsr„ GTS, 1n c■ Office; (479) a2i-764.i lhn f Snnrrh.. I rkurlsus Fax: (479) .521-62:12 Geoleohnranl 6 Testing 5arvleea 7idw, Oklahuptur AGREEMENT FOR CONSTRUCTION MATERIALS TESTING & ENGINEERING SERVICES 7,HIS AGREEMENT, effective as of this 10"' day of February, 2014, is by and between - - City of Fayetteville and GTS, Inc. ("F?ngill eer" - also doing business as "Geoteelinical and Testing Services, Inc."). THE PROJECT is generally described as: Fayeltevllle Town Branch I rail (GTS Proposal ;f 14-CM [T-005) and is located at: bc9 _t _I_ _) c reatljsluse park ilncl_C,11tinuing call (.)PprU\[_I]1a(41_y i)t1i1_iitle tr feet} to South Sch�yol ,��enuc {I li hmm 71f3 in Fgyeyi: ille, Arkansas. ("Project Site"). THIS,4GREErt'IENT consists of the following documents, which are incorporated licrein by reference: GENERAL CONDITIONS FOR CONSI RUC'rION MATERIALS TFSTING & l~NG[NELRING SFRV[C'ES, and GTS Proposal 14-CMTP-005REV 1SED (Lump Sum Amount) GTS, Inc. agrees to perform the Services set forth in this Agreement and in accordance with its kris, inchlding all attachments incorporated herein by reference. This Agreement may not be modified or altered. except ill writing as specifically described in this Agreement. G I's, INC: Authorized Signature: Print Name: _ - -- - David berry Title: _ �} President Company: � �� :UYS, Inc. - - 11 � on 1415 N. Shiloh Dr, Suite 1 Address: �L f} -, r1 an �y - �I tj v 1 j �C fl �C. Payettevillc,Arkansas 727{14 Finail �- — address: Date: JA Please mail contract to d V lCl .l)erl'y(Cegl5lnc,cc IQ 15Not•lh Shiloh Drive, Suite I Fayetteville, AR 72704 1i'na1!,6� • (J1,l,ihIvu.I • \li.,�wnf 0 Fin>I, Clt\ ofFa�clte�ille.:lr'kansas ProjLct Mime LE — PageGENERALS, Inc. 2 r ... .. —. CONDITIONS FOR CONSTRUCTION MATERIALS TESTING & ENGINEERING SERVICES 1. DEFINITIONS 1.1 Contractor. The contractor or contractors, and including ils/their subcontractors of every tier, retained to perform construction Work on the Project for which GTS, file is providing Services under this Agreement. L2 Day(s). Calendar day(s) unless otherwise stated. 1.3 Hazardous Materials. Any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution. 7.4 Inspectiore (or Observatios). Visual determination ot'conforrnance with specific or, on the basis of GTS, Inc's professional judgment, general requirements. 1.5 Services. The professional services provided by GTS, Inc under this Agreement, including all services described in the SCOPE OF SERVICES included in Exhibit A, and any written Task Order or amendment to this Agreement. 1.6 Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of materials. 1.7 Work. The labor, materials, equipment and services of Contractor. 2. SCOPE OF SERVICES 2.1 Services Provided; hrdepeirdenr Contractor. GTS, Inc. will provide construction materials engineering and testing services as set forth in the SCOPE of SERVICES in Exhibit A. GTS, Inc will perform its Services under this Agreement as an independent contractor. 2.2 Authority of GTS, Inc. GTS, Inc will report observations and data to the City of Fayetteville. GTS, inc will report any observed work to the City of Fayetteville or their representative, which, in GTS, Inc's opinion, does not conforn with plans, specifications, and codes applicable to the Project. GTS, Inc has no right or responsibility to approve, accept, reject, or stop work of any agent of the City of Fayetteville. 23 Referenced Standards. GTS, Inc will perForm all standard tests, inspections and observations in general accordance with referenced standards and makes no representation regarding compliance with any other standards. 2.4 Yariatioir of Material Characteristics amid Couditiotts. Observations and standardized sampling, inspection and testing procedures employed by GTS, Inc will indicate conditions of materials and construction activities only m the precise location and time where and when Services were performed. City of Fayetteville recognizes that conditions of materials and construction activities at other locations may vary fi•oni those measured or observed, and that conditions at one location and time do not necessarily indicate the conditions of apparently identical material(s) at other locations and times. Services of GTS, Inc, even if perFormed on a continuous basis, should not be interpreted to mean that GTS, Inc is observing, verifying, testing or inspecting all materials on the Project. GTS, Inc is responsible only for those data, interpretations, and recommendations regarding the actual materials and construction activities observed, sampled, inspected or tested, and is not responsible for other parties' interpretations or use of the information developed_ GTS, Inc may make certain inferences based upon the information derived from these procedures to formulate professional opinions regarding conditions in other areas. 2.5 Changes in Scope. City of Fayetteville may request changes in the SCOPE OF SERVICES in Exhibit A. Such changes, including any change in GTS, fnc's compensation or time of performance, which are mutually agreed upon by GTS, Inc and City of Fayetteville, will be incorporated in written amendments to this Agreemmcnt. No change will be effective unless it is in writing and signed by the City of Fayetteville and GTS, Inc, or if made orally, confirmed by the parties in writing within 10 days. 2.6 Ercluded Services. GTS, Inc's Services under this Agreement include only those Services specified in the SCOPE OE SL-RViCES in Exhibit A. City of Fayetteville expressly releases any claim against GTS, tnc relating to any additional Set -vices that GTS, Inc recommended, but that City of Fayetteville either did not authorized or instructed GTS, Inc not to perform. 3. PAV�%IENTS TO CTS, INC 3.1 Basic Services. GTS, Inc will perform all Services set forth in the SCOPE of SERVICES AND SCHEDULE of CHARGES for the aniount(s) set Forth therein. GTS, inc will give the City of Fayetteville at least 30 days advance notice of any changes to its standard rates. Unless the City of Fayetteville objects in writing to the amended fee structure within 30 clays of notification, it will be incorporated into this Agreement and will supersede any prior fee structure. Ark,in;as • OkLjhnma • ktissnun • Kwia; ('icy of I-ayettc►ille, Arkansas Project Name . Page 3 GTS, Inc. .•Nn W.1� i..,rl in .l. �• 3.2 Additional Services. Any Services performed under this Agreement, except those Services expressly identified otherwise in the attached SCOPE of SL•RVICHS in Exhibit A, will be provided on a time and materials basis unless otherwise specifically agreed to in writing by both parties, 3.3 Estimate of Fees. GTS, [tic will, to the hest of its ability, perform the Services and accomplish the objectives defined in this Agreement within any written cost estimate provided by GTS, Inc. City of Fayetteville recognizes that unforeseen circumstances along with changes in scope and schedule can influence the successful completion of Services within the estimated cost. The use of an estimate of fees or of a "not toexeced" limitation indicates that GTS, Inc will not incur fees and expenses in excess of the estimate or limitation amount without obtaining City of Fayetteville's agreement to do so, but is not a guarantee that the Services will be completed for that amount. 3.4 Rates. City of Fayetteville will pay GTS, Inc at the rates set forth in the SCIIEpt1LE OF CHARGES ill Exhibit A, which is subject to periodic review and amendment, as appropriate to reflect GTS, Inc's then -current tee structure. OMITED SECTION 3.5 Prevailing Wage Regulations DO NOT APPLY FO TNIS PROJECT OMITED SECTION 3.6 Paymenl'riming; late Charge 3.7 Pawneot Dispnrtes.lf the City of Fayetleville ohjccts to any portion ofan invoice, City of Fayetteville must su notify (: rS. Inc in writing within 10 days of the invoice date, identity the cause of disagreement, and pay when due the portion of the invoice not in dispute. The parties will inlntediately make every ellort to resolve the disputed portion of the invoice. Payment thereafter will first be applied to accrued interest and illetl to lice unpaid principal amounl, 4. PERFORMANCE STANDARD 4.1 Professional Standards. GTS, Inc will perform the Services consistent with that level of care and skill ordinarily exercised by other professionals providing similar services in the same locale and under similar circumstances at the time the Services are performed. No other representation, express or implied, and no warranty or guarantee is included or intended by this Agreement or any report, opinion, document, or other instrument ofservice. 4.2 Sampling, hlspecstiun & Test Locations.Unless specifically tuned othcns•ise, tilt Srtw (w Scrcvtcl•.s in [inhibit A does not include surveying the Site or precisely identifying sampling, inspection or lest locations, depths or elevations. Sampling, inspection and test locations, dcpols and elevations will be based on field estimates arc[ inforinatiun furnished by City ill - Fayetteville and its representatives. Unless stated otherwise in the report, such locations. depths and elevations are approximate. GTS, Inc will take reasonable precautions to limit damage to the Project Site or Work due to the performance of Services, but City of Fayetteville understands that some damage may necessarily occur in the normal course of Services, and this Agreementdoes not include repair of such damage unless specifically stated in the SCOPE OF SERV1cEs in Exhibit A. 4.3 Sample Disposal. GTS, Inc wi 11 dispose of all samples after submission of the report covering those samples. GTS, Inc will provide further storage or transfer of samples only upon City of Fayetteville's prior written request and agreement on appropriate compensation. 4.4 Buried Utilities & Structures; Property Restoration. If the Services require borings, test pits or other invnsrve exploratory work, City of Fayetteville will provide GTS, [lie with all irlfin-rn;rtion in its possession regarding the location of underground utilities and structures. GTS, inc will contact an appropriate utility locator and lake into consideration utility locations shown on drawings provided to GTS, Inc by the City eft' Fayetteville to reduce the risk of damage nr injury to underground structures, pipelines and utilities. 5. CONTRACTOR'S PERFORMANCE GTS, Inc is not responsible for Contractor's means, methods, techniques or sequences during the performance of its Work. GTS, Inc wil I not supervise or direct Contractor's Work, nor be liable for any failure of Contractor to complete its Work in accordance with the Project's plans, specifications and applicable codes, laws and regulations. City of Fayetteville understands and agrees that Contractor, not GTS, Inc, has sole responsibility for the safety ofpersons and property at the Project Site, 6. CITY OF FAYET-HVILLF,'S RESPONSIBILITIES In addition to payment for the Services performed under this Agreement, City of Fayetteville agrees to: 6.1 Access. Grant or obtain free access to the Project Site for all equipment and personnel necessary for GTS, Inc to perform its Services under this Agreement. 6.2 Representative. Designate a representative for notices and 'ulrormatiotl pertaining to the Services, communicate City of Fayetteville's policies and decisions, and assist as necessary in matters pertaining to the Project mid this Agreement. City of Fayetteville may change its representative by written notice. 6.3 Information, Supply to GTS, Inc all information and documents relevant to the Services. GTS, Inc may rely upon such information without independently verifying its accuracy. City of Fayetteville will notify GTS, Inc of any known potential or :\rkanNxjs • Okl,thonm • Misinrri 0 Kan.as Ot} of Fa}etterille, Arkansas Proivc:l Name Page 4 GTS, ,Inc. possible health or safety hazard regarding the materials to be tested, including its intended use, chemical composition, relevant MSDS, manufacturers' specifications and literature, and any previous lest results. 6.4 Project Information. City of Fayetteville agrees to provide GTS, Inc within 7 clays after written request, a correct statement of the recorded legal title to the property on which the Project is located and the City of Fayetteville and/or Owner's interest therein. 7. CHANGED CONDITIONS If GTS, Inc discovers conditions or circumstances that it did not contemplate ("Changed Conditions") at the tilne of this Agreement, it will give City of Fayetteville written notice of the Changed Conditions. City of Fayetteville and GTS, Inc will then negotiate an appropriate amendment to this Agreement. If they cannot agree upon an amendment within 30 days after the notice, GTS, Inc may terminate this Agreement and be compensated as set Forth in Section 12, "Suspension & Delay, Termination." S. CERTIFICATIONS City of Fayetteville will not require GTS, Inc to e.eecutc any certification regarding Services performed or Work tested or obscrvc(I unless: 1) GTS, Inc believes that it Iws partirrmed sufficient Services to provide a sufficient basis to issue the certification. 2) GTS, inc that the Services performed and Work tested or observed meet the criteria ol'the certification; and 3) GTS, Inc has rcwewed and approved in writing the exact form ot'suclt ccrJification prior to excculion o Ihis Agreerttew. Any certification by ul-S. !nc is [ignited to the expression ol'a professional opinion based upon the Services perfoormed by GIN. Inc, and does not constitute a w.lmtnty, or 1:uarantce, either express or implied. City of Fayetteville ;tgrccs not tct condition the rc361t16011 of'any dispute upon GTS, inc signing a certificalion. 9. ALLOCATION OF RiSK OMITTED SECTION 9.1 Limitation of Remedv 9.2 Indemnification of rise ci(r of 1,,1geuev;11e. Subject to the term, at)d lirnilatiows of this Agreement, GTS, Inc will indemnify and hold harmless the City of Fayettevilte, its Shareholders, otlicets, directors. employees, and agents from and against any and all claims, suits. liabilities, damages, expenses (including without limilatinn reason« ble attorney's fees and defense costs) and other losses (collectively "Lose-+'") to the e+ctcnt caused by GTS, tile's negligence in pertzrrmanee of this Agreement. OMITTED SECTION 9.3 Indemnifcatiort of GTS, inc. OMITTED SECTION 9ANo Personal Liability OMITTED SECTION 9.5 Consequential Damages 9.6 C'nnfint►in�� ;l�reenteur. The provision, of this Section 9, "Allocation of Risk," will survive the expiration or termination of'this Agreement. If G 1 S, htc provides Services to City of Fayetteville that the parties do not confirm through execution of an amendment to this grecmcnt, the provision; of this Section 9 will apply to such Services as if [lie harlies had executed an amendment. 10. INSURANCE 10.1 GTS, Me's Insurance. IF reasonably available, GTS, Inc will maintain the following coverage's: 10.L1 Statutory Workers' Compensation/Employer's Liability Insurance; 10,1.2 C'Dnitllel'eial General Liability Insurance with a combined single limit of $1,000,000; 10.1.3 Automobile Liability Insurance, including liability for all owned, hired and non -owned vehicles with minimum limits of $1,000,000 for bodily injury per person, $1,000,000 property damage, and $1,000,000 combined single limit per occurrence; and, 10.1.4 Professional Liability Insurance in amounts of at least $1,000,000 per claim and annual aggregate. ON11 FTED SECTiON110.2 City of Fayetteville's insurance O-M ITTED SECTION 10.3 Certificates of Insurance IL OWNERSHIP AND USE OF DOCUMENTS 11.1 GTS, Inc Docunte us. Unless otherwise agreed in writing, all documents and information prepared by GTS, file including, but not limited a,. reports, boring logs, maps, field data, field notes, drawings and specifications, test data and other sunilar instruments of service (collcclivefy "Documents") are the property of GTS, Inc. GTS, Inc has the right, in its sole discretion, to dispose of or retain the Doctnncnts. ;\rk;rm.0 9 Oklah()prr • \qj.4, i • Kanca> City of Fayettccitle, Arkans;is . . Prrject N,unc, Page 5 GTS, Inc. 11.2 City of Fayetteville Documents. All documents provided by City of Fayetteville will remain the property or the City of Fayetteville. GTS, Inc will return all such documents to City of Fayetteville upon request, but may retain copies for its files. 11.3 Use of Dochonents. Except as otherwise agreed to by City of Fayetteville and GTS, inc, all Documents prepared by GTS, inc are solely for use by City of Fayetteville and will not he provided by either party to any other person or entity without GTS, Inc's prior written consent. 11.3,1 Use by City of Fayetteville. City of Fayetteville has the right to reuse the Documents for purposes reasonably connected with this Project for which die Services are provided, including without limitation design and licensing requirements of the Project. 11.3.2 Use by GTS, Inc, GTS, Inc retains the right or ownership with respect to any patentable concepts or copyrighttble materials arising from Services and the right to use the Documents for any purpose. 11.4 Electronic Media, GTS, Inc may agree at City of Fayetteville's request to Provide Documents and information in an electronic format as a courtesy. However, the paper original issued by GTS, Inc will remain the final product of the Services. GTS, Inc makes no warTanties, either express or implied, regarding the fitness or suitability of any electronic Documents or media. O.\11`i TED SECTION I I.S Unauthorized Use 12. SUSPENSION & DELAY; TERMINATION I,Z.I Strspeltsion & Delay. City of Fayetteville may, upon 10 days written notice at any time, suspend GI-S. Inc's Services. GTS, Inc may tenninate this Agreement if City of Fayetteville suspends tltc Services firr more than 60 Boys, in which case City of Fayetteville will pay GTS, Inc as provided in Section 12.4. If t'ity of Fuyeltcville suspends the Services, ar if City ofFayeuevilie or others delay GTS, Inc's Services, City of Fayetteville and GTS. Inc agree to cquilably adjust the time tin• completion of the Services and GTS, Inc's compensationfor the additional labor, cquipnhent, ZInd adder charges associatcil with utaintuining its workforce for City of Fayetteville's benefit during the delay or suspension, and any charges incurred by GTS, inc for demobilization and subsequent remobilization. 12.2 Termination fur Convenience. GTS, Inc and City of Fayetteville cony tenninate this Agreement for convenience upon 10- days written notice delivered or mailed to the other party. 12.3 Termination far Cause. Ili the event of material breach of this Agreement, the non -breaching party may lernrinatc this Agreement if the breaching purty tails to cure the breach within 10 days following delivery of the non -breaching party's written notice Ofthe breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated tia- cause if the hi -caching party cures the breach within the 10-day period. 12.4 Payment on Ternhlnation. Following tertination other Ihan for GTS, Inc's breach of this Agreement, City of Fayetteville will pay GTS, Inc for the Service,; pertirr•med prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination ol'the Project, including but not limited to, the costs of completing; analysis. records and reports necessary to docurlcnl jolt status at the time or termination and costs associated with termination of snheontractor contracts in accordance with GTS, Inc's then -current Scm-i-moxorC11AaGFS in Exhibit A. 115 1 drive ,Ylajeure. In the event dial. GTS, Ire is prevented from completing perfottinance of its obligations under this Agreement by adverse ❑rather err odder uccurrcnce heyond the control of GTS, Inc, then GTS, Inc will be excused from any Beefier performance of its obligation~ and undertakings. In the event of a force majeure delay that does not result in termination oi'111c Agreenrew. Ike schedules will be cduitably;aljusted. 13. DISPUTES O]ll I VED 5E( I iON' 13.1 Medialion 13.2 Choice of Law; Venue, This Agreement will be construed in accordance with and governed by the laws of the state in which the Project is located. 13.3 Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of GTS, Inc's Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims. 14. MISCELLANEOUS 14.1 Assignment and Subcontracts. During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agrecnhent or any right or claim under it, in whole or in pa1-t, without the prior written consent of the other party, except for 3u aSsignnrend ofproceeds for- financing purposes. Any assignment that fails to comply with this paragraph will be void and of no ellccd.GTS. inc may subcontract For the services of others without obtaining City of Fayetteville's consent ifGTS. Inc deems it necessary ordesirable for others to perform certain Services. '%lkon.;u. • tlkloham� • Ali uri • Kin i. City of Fayetteville, Arkansas ....Projecl Name.... Page 6 GTS, Inca 14.2 Integration and Severability. This Agreement reflects the parties' entire agreement with respect to its terms and limitations and supersedes ail prior agreements, written and oral. If any portion of this Agreement is found void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as law allows. These terms and conditions survive the completion of the Services under and the termination of the Agreement, whether for cause or for convenience. 14.3 Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. 14.4 Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand delivered to the recipient ordelivered by first-class mail (postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement. 14.5 Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement. 14.6 Waiver. The waiver of any term, condition or breach of this Agreement will not operate as a subsequent waiver of the same tern, condition, or breach. 14.7 Precedence. These GENERA[_ CONDrriONs take precedence over any inconsistent or contradictory provisions contained in any other agreement term, proposal, purchase order, requisition, notice to proceed, or other document regarding GTS, Inc's Services. 14.8 Incorporation of Provisions Required By Law.Each provision and clause required by law to be inserted in this Agreement is included herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein. Arkansas • Oklahoma • Missouri • Kansas Matt Mihalevich Submitted By cl-o J(Vnm City of Fayetteville Item Review Form �ll 2014-0087 l y Legistar File Number NIA City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department Staff requests Mayors approval of the attached Agreement for Construction Materials Testing & Engineering Services with GTS, Inc. for construction materials testing for the section of Town Branch Trail from Greathouse Park to South School. Does this item have a cost? YeS $7,500.00 Cost of this request 4470.9470.5814.05 $1,874,961.00 Category or Project Budget $1,322,897.66 Account Number Funds Used to Date Project Number Trail Development Program or Project Name Trail Improvement Program or Project Category 02016 $544,563.34 Sales Tax Capital Imp Remaining Balance Fund Name Budgeted Item? YeS Budget Adjustment Attached? NO V20130812 Previous Ordinance or Resolution # 31-14 Original Contract Number: Comments: • lay e �AR](ANSA� NON AGENDA MEMO To: Mayor Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Matt Mihalevich, Trails Coordinator Date: February 14'h, 2014 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: Town Branch Trail — Contract with GTS, Inc for Construction Materials Testing RECOMMENDATION: Staff requests Mayors approval of the attached Agreement for Construction Materials Testing & Engineering Services with GTS, Inc. for construction materials testing for the section of Town Branch Trail from Greathouse Park to South School. PROPOSAL: On February, 41h 2014 the City Council approved resolution 31-14 awarding bid #13-48 and authorizing a contract with ARCO Excavation and Paving for the construction of a'/2 mile long section of Town Branch Trail from Greathouse Park to South School. City inspectors will perform the daily construction inspection and project management, however specific materials testing for concrete and subgrade require specialized testing services. GTS, Inc. has the expertise to perform this work under RFQ 13-01 and has provided a reasonable price for the work. BUDGET IMPACT: GTS, Inc. has provided a lump sum cost of $7,500 for the construction materials testing. Funding has been allocated for this contract through the Trail Development Capital Improvement Program. 1915 North Shiloh Drive, Suite 1 office Locations. - Fayetteville, Arkansas 72704 FayetfeWle, Arkansas G I S, InC. Office: (479) 521-7645 Fort Smith, Arkansas e..�....+.,� A rest!-# 9ereI Tulsa, Oklahoma www.gts}nc.cc February 13, 2014 City of Fayetteville Engineering Department i 113 West Mountain Street Fayetteville, Arkansas 72701 Attention: Mr. Matt Mihalevich RE: Construction Materials Testing (CMT) Proposal Fayetteville Town Branch Trail (Job No. 040603) Fayetteville, Arkansas Proposal No. 14-CMTP-005REVISED r.i Mr. Mihalevich: i We appreciate the opportunity to submit this proposal to perform Construction Materials Testing (CMT) Services on the above referenced project. We understand that the scope of the work for this project will consist of new multi -use trail construction (Town Branch Trail) to be located from I Greathouse Park to South School (US Highway 71 B) in Fayetteville, Arkansas. i Scope of Services I� Testing for this project is anticipated to consist of soil and base densities, cast in place concrete testing, proofroll observation by engineer, and laboratory testing including moisture -density relationship (proctor) and classification (sieve analysis and atterberg limits) for proposed select fill material(s). To develop a lump sum cost proposal for this project, we have listed below the estimated per trip costs for each testing service required. Trip Pricing I. We would estimate the following per trip prices: i " . A per trip price for soil and base density testing to be approximately $80.00 A per trip price for concrete testing to be approximately $200.00 i . A per trip price for engineering proofroll observation to be approximately $225.00 • A per trip Price for cylinder pick up to be approximately $70.00 r' Arkansas • Oklahoma + Missouri . Kansas City of Fayetteville Town Branch Trail Fayetteville, Arkansas 14-CMTP-005REVISED Page 2 Laboratory Testing GTS, Inc. Q..r.�ld�al i Tutlsy 9« 1... • Moisture -density relationship (proctor with classification, and including sample pick up fee) - $330.00/each Project Testing Details The above estimated per trip pricing is based on the following assumptions: • Technician/Engineer traveling from our Fayetteville, Arkansas office • Round-trip mileage to and from our Fayetteville, Arkansas office is approximately 14 miles at $0.58 per mile (or current IRS guideline + 5%) • Round-trip travel time to and from our Fayetteville, Arkansas office is approximately 30 minutes Time spent on site per visit for densities, concrete testing, and proofroll observation is estimated at 1 hour • One (1) set of concrete cylinders sampled per trip for concrete testing including air, slump, and temperature testing in accordance with applicable ASTM test method. • Four (6" x 12") cylinders made per set for concrete testing Additional sets of concrete can be made during a trip for approximately $100 per set plus the extra technician time to test the concrete. These estimates may be increased or decreased depending on the exact time spent on site. Testing Frequency GTS followed the City of Fayetteville specifications for roadway construction when estimating the total number of trips required for each testing service. Concrete Testing: • Concrete Trail (including two (2) bridge abutments) — 15 trips (1 set of cylinders sampled per trip) • Retaining Wall Foundations — 2 trips (1 set of cylinders sampled per trip) • Retaining Wall Sections — 2 trips (1 set of cylinder sampled per trip) Density Testing: • 10 trips for select fill material • 6 trips for Class 7 base course Arkansas • Oklahoma • Missouri • Kansas City of Fayetteville Town Branch Trail Fayetteville, Arkansas 1 MCMTP-005REVISE 0 Page 3 Proofrol l Observation: • 6 trips (1 trip per 500 linear feet of proposed trail) Laboratory Soils Testing: • Proctor/Classification for select fill material — 2 samples estimated GTS, Inc. C»Neieiral a Tnthp 9a-hes It is our understanding that the construction of the new Town Branch Trail will consist of approximately 3,082 linear feet of trail, pedestrian bridges, and concrete retaining walls. The scope and frequency of testing services to be included in this proposal was based on the construction schedule of a recent City of Fayetteville trail project (Frisco Trail) in which GTS performed the third party testing services on. Cost Proposal Based on the scope of work defined above, GTS will provide the testing services detailed in this proposal for a total lump sum amount of $7,500.00. The lump sum amount includes testing and inspection services defined in the above scope of services for the referenced project. Tests not included in the above defined scope would be billed in addition to the total lump sum amount shown above (per GTS standard rate sheets). Changes in specific number of tests or trips listed above may change either up or down without changing the lump sum price. Invoices will be prepared monthly over the course of the first three months of the project. Arkansas • Oklahoma • Missouri • Kansas City of Fayetteville Town Branch Trail Fayetteville, Arkansas 14-CMTP-005REVISED Page 4 Closing GTS, In c. Owl.Mw(..1 a T—tmq 5—id.. We appreciate the opportunity to prepare this proposal for the referenced project. If there are any questions regarding the information contained in this proposal, please call. Sincerely, GTS, IncJ ..x..�Aa Nathan Mahaffey CMT Engineering Manager o-jf�jz�c� NCM:DAB Copies to: David A. Berry; P.E. President Addressee (email) Arkansas • Oklahoma • Missouri • Kansas 191s North Shiloh Drive, Suite i Ohre Locations: Fayetteville, Arkansas 72704 Fa}•eitevi!!e, Arkansas GTS, �� C. Office: (479) 591-7645 Fort Smith. Arkunsas Fax: (479) 521-6:132 Geotechnicat a Testing Services ni&o, Oklahoma AGREEMENT FOR CONSTRUCTION MATERIALS �1 TESTING & ENGINEERING SERVICES THIS AGREEMENT, effective as of this 10`4 day of February.-2014 is by and between _City of Fayetteville ._ and GTS, Inc. ("Engineer' - also doing business as "Geotechnical and Testing Services, Inc."). THE PROJECT is generally described as: Fayetteville Town Branch Trail GTS Proposal # 14-CMTP-005 and is located at: beginning from Greathouse Park and continuing east (approximately 3.00Q linear feet to South School Avenue Hi hwa 7113 in Fayetteville, Arkansas. ("Project Site"). THI.SAGREEMENT consists of the following documents, which are incorporated herein by reference: • GENERAL CONDITIONS FOR CONSTRUCTION MATERIALS TESTING & ENGINEERING SERVICES; and • GTS Proposal 14-CMTP-005REVISED (Lump Sum Amount) GTS, Inc, agrees to perform the Services set forth in this Agreement and in accordance with its terms, including a]I attachments incorporated herein by reference. This Agreement may not be modified or altered, except in writing as specifically described in this Agreement. Authorized Signature: ,. Print Name: Title: Company: Address: + Email address: Date: TY OF FWTvrrE;Vl1L1 LAE: GTS, INC,: Please mail contract to: President GfS, Inc. 1915 N. Shiloh Dr, Suite I Fayettevilie,Arkansas 72704 david.bcrry@gtsinq.cc 1915Nortli Shiloh Drive, Suite I Fayetteville, AR 72704 Arkansas s oklaln)ma a Missouri • Kansas City or Fayetteville, Arkansas ....Project Name.... GTS, Inc. Page 2 `.'• ".+.'-1,- GENERAL CONDITIONS FOR CONSTRUCTION MATERIALS TESTING & ENGINEERING SERVICES 1. DEFINITIONS 1.1 Contractor. The contractor or contractors, and including its/their subcontractors of every tier, retained to perform construction Work on the Project for which GTS, Inc is providing Services under this Agreement. 1.2 Day(s). Calendar day(s) unless otherwise stated. 1.3 Hazardous Materials. Any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution. 1.4Inspection (or Observation). Visual determination of conformance with specific or, on the basis of GTS, Inc's professional judgment, general requirements. 1.5 Services. The professional services provided by GTS, Inc under this Agreement, including all services described in the SCOPEOF SERVICES included in Exhibit A, and any written Task Order or amendment to this Agreement. 1.6 Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of materials. 1.7 Work. The labor, materials, equipment and services of Contractor. 2. SCOPE OF SERVICES 2.1 Services Provided; Independent Contractor. GTS, Inc. will provide construction materials engineering and testing services as set forth in the SCOPE OF SERVICES in Exhibit A. GTS, Inc will perform its Services under this Agreement as an independent contractor. 2.2 Authority of GTS, Inc. GTS, Inc will report observations and data to the City of Fayetteville. GTS, Inc will report any observed work to the City of Fayetteville or their representative, which, in GTS, Inc's opinion, does not conform with plans, specifications, and codes applicable to the Project. GTS, Inc has no right or responsibility to approve, accept, reject, or stop work of any agent of the City of Fayetteville. 2.3 Referenced Standards. GTS, Inc will perform all standard tests, inspections and observations in general accordance with referenced standards and makes no representation regarding compliance with any other standards. 2.4 Variation of Material Characteristics and Conditions. Observations and standardized sampling, inspection and testing procedures employed by GTS, Inc will indicate conditions of materials and construction activities only at the precise location and time where and when Services were performed. City of Fayetteville recognizes that conditions of materials and construction activities at other locations may vary from those measured or observed, and that conditions at one location and time do not necessarily indicate the conditions of apparently identical material(s) at other locations and times. Services of GTS, Inc, even if performed on a continuous basis, should not be interpreted to mean that GTS, Inc is observing, verifying, testing or inspecting all materials on the Project. GTS, Inc is responsible only for those data, interpretations, and recommendations regarding the actual materials and construction activities observed, sampled, inspected or tested, and is not responsible for other parties' interpretations or use of the information developed. GTS, Inc may make certain inferences based upon the information derived from these procedures to formulate professional opinions regarding conditions in other areas. 2.5 Changes in Scope. City of Fayetteville may request changes in the SCOPE OF SERVICES in Exhibit A. Such changes, including any change in GTS, Inc's compensation or time of performance, which are mutually agreed upon by GTS, Inc and City of Fayetteville, will be incorporated in written amendments to this Agreement. No change will be effective unless it is in writing and signed by the City of Fayetteville and GTS, Inc, or if made orally, confirmed by the parties in writing within 10 days. 2.6 Ercluded Services. GTS, Inc's Services under this Agreement include only those Services specified in the SCOPE of SERVICES in Exhibit A. City of Fayetteville expressly releases any claim against GTS, Inc relating to any additional Services that GTS, Inc recommended, but that City of Fayetteville either did not authorized or instructed GTS, Inc not to perform. 3. PAYNI E,NTS TO GTS, INC 3.1 Basic Services. GTS, Inc will perform all Services set forth in the SCOPE OF SERVICES AND SCHEDULE OF CHARGES for the amount(s) set forth therein. GTS, Inc will give the City of Fayetteville at least 30 days advance notice of any changes to its standard rates. Unless the City of Fayetteville objects in writing to the amended fee; structure within 30 days of notification, it will be incorporated into this Agreement and will supersede any prior fee structure. Arkansas • Oklahoma • Missouri • Kansas City of Fayetteville, Arkansas ....Project Name.... LE s: Inc. Page 3 �....,,..+... 3.2 Additional Services. Any Services performed under this Agreement, except those Services expressly identified otherwise in the attached SCOPE OF SERVICES in Exhibit A, will be provided on a time and materials basis unless otherwise specifically agreed to in writing by both parties. 3.3 Estimate of Fees. GTS, Inc will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within any written cost estimate provided by GTS, Inc. City of Fayetteville recognizes that unforeseen circumstances along with changes in scope and schedule can influence the successful completion of Services within the estimated cost. The use of an estimate of fees or of a "not toexceed" limitation indicates that GTS, Inc will not incur fees and expenses in excess of the estimate or limitation amount without obtaining City of Fayetteville's agreement to do so, but is not a guarantee that the Services will be completed for that amount. 3.4 Rates. City of Fayetteville will pay GTS, Inc at the rates set forth in the SCHEDULE OF CHARGES in Exhibit A, which is subject to periodic review and amendment, as appropriate to reflect GTS, Inc's then -current fee structure. OM [TED SECTION 3.5 Prevailing Wage Regulations DO NOT APPLY TO THIS PROJECT OM [TED SECTION 3.6 Payment Timing; Late Charge 3.7 Payment Disputes.I f the City of Fayetteville objects to any portion of an invoice, City of Fayetteville must so notify GTS, Inc in writing within 10 days of the invoice date, identify the cause of disagreement, and pay when due the portion of the invoice not in dispute. The parties will immediately make every effort to resolve the disputed portion of the invoice. Payment thereafter will first be applied to accrued interest and then to the unpaid principal amount. 4. PERFORMANCE STANDARD 4.1 Professional Standards. GTS, Inc will perform the Services consistent with that level of care and skill ordinarily exercised by other professionals providing simiiar services in the same locale and under similar circumstances at the time the Services are performed. No other representation, express or implied, and no warranty or guarantee is included or intended by this Agreement or any report, opinion, document, or other instrument of service. 4.2 Sampling, Inspection & Test Locations.Unless specifically stated otherwise, the SCOPE Or: SERVICES in Exhibit A does not include surveying the Site or precisely identifying sampling, inspection or test locations, depths or elevations. Sampling, inspection and test locations, depths and elevations will be based on field estimates and information furnished by City of Fayetteville and its representatives. Unless stated otherwise in the report, such locations, depths and elevations are approximate. GTS, Inc will take reasonable precautions to limit damage to the Project Site or Work due to the performance of Services, but City of Fayetteville understands that some damage may necessarily occur in the normal course of Services, and this Agreementdoes not include repair of such damage unless specifically stated in the SCOPE of SERVICES in Exhibit A. 4.3 Sample Disposal. GTS, Inc will dispose of all samples after submission of the report covering those samples. GTS, Inc will provide further storage or transfer of samples only upon City of Fayetteville's prior written request and agreement on appropriate compensation. 4.4 Buried Utilities & Structures; Property Restoration. If the Services require borings, test pits or other invasive exploratory work, City of Fayetteville will provide GTS, Inc with all information in its possession regarding the location of underground utilities and structures. GTS, Inc will contact an appropriate utility locator and take into consideration utility locations shown on drawings provided to GTS, Inc by the City of Fayetteville to reduce the risk of damage or injury to underground structures, pipelines and utilities. S. CONTRACTOR'S PERFORMANCE GTS, Inc is not responsible for Contractor's means, methods, techniques or sequences during the performance of its Work. GTS, Inc will not supervise or direct Contractor's Work, nor be liable for any failure of Contractor to complete its Work in accordance with the Project's plans, specifications and applicable codes, laws and regulations. City of Fayetteville understands and agrees that Contractor, not GTS, Inc, has sole responsibility for the safety of persons and property at the Project Site. 6. CITY OF FAYETTEVILLE'S RESPONSIBILITIES In addition to payment for the Services performed under this Agreement, City of Fayetteville agrees to: 6.1 Access Grant or obtain free access to the Project Site for all equipment and personnel necessary for GTS, Inc to perform its Services under this Agreement. 6.2 Representative. Designate a representative for notices and information pertaining to the Services, communicate City of Fayetteville's policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. City of Fayetteville may change its representative by written notice. 63 Information. Supply to GTS, Inc all information and documents relevant to the Services. GTS, Inc may rely upon such information without independently verifying its accuracy. City of Fayetteville will notify GTS, Inc of any known potential or Arkansas • Oklahoma • Missouri • Kansas City of Fayettevlle, Arkansas ....Project Name.... Page 4 ttT$, IAC. ar...+..e� possible health or safety hazard regarding the materials to be tested, including its intended use, chemical composition, relevant MSDS, manufacturers' specifications and literature, and any previous test results. 6.4 Project Information. City of Fayetteville agrees to provide GTS, Inc within 7 days after written request, a correct statement of the recorded legal title to the property on which the Project is located and the City of Fayetteville and/or Owner's interest therein. 7. CHANGED CONDITIONS If GTS, Inc discovers conditions or circumstances that it did not contemplate ("Changed Conditions") at the time of this Agreement, it will give City of Fayetteville written notice of the Changed Conditions. City of Fayetteville and GTS, Inc will then negotiate an appropriate amendment to this Agreement. If they cannot agree upon an amendment within 30 days after the notice, GTS, Inc may terminate this Agreement and be compensated as set forth in Section 12, "Suspension & Delay; Termination." S. CERTIFICATIONS City of Fayetteville will not require GTS, Inc to execute any certification regarding Services performed or Work tested or observed unless: 1) GTS, Inc believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) GTS, Inc believes that the Services performed and Work tested or observed meet the criteria of the certification; and 3) GTS, Inc has reviewed and approved in -writing the exact form of such certification prior to execution of this Agreement. Any certification by GTS, Inc is limited to the expression of a professional opinion based upon the Services performed by GTS, Inc, and does not constitute a warranty or guarantee, either express or implied. City of Fayetteville agrees not to condition the resolution of any dispute upon GTS, Inc signing a certification. 9. ALLOCATION OF RISK OMITTED SECTION 9.1 Limitation of Remedy 9.2 Indemnification of the City of Fayetteville. Subject to the terms and limitations of this Agreement, GTS, Inc will indemnify and hold harmless the City of Fayetteville, its shareholders, officers, directors, employees, and agents from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney's fees and defense costs) and other losses (collectively "Losses") to the extent caused by GTS, Inc's negligence in performance of this Agreement. OM ITTED SECTION 9.3 Indemnification of GTS, Inc. OMITTED SECTION 9ANo Personal Liability OMITTED SECTION 9.5 Consequential[ Damages 9.6 Continuing Agreement The provisions of this Section 9, "Allocation of Risk," will survive the expiration or termination of this Agreement. If GTS, Inc provides Services to City of Fayetteville that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Section 9 will apply to such Services as if the parties had executed an amendment. 10. INSURANCE 10.1 GTS, fire's Insurance. If reasonably available, GTS, Inc will maintain the following coverage's: 10.1.1 Statutory Workers' Compensation/Employer's Liability Insurance; 10.1.2 Commercial General Liability Insurance with a combined single limit of$1,000,000; 10.1.3 Automobile Liability Insurance, including liability for all owned, hired and non -owned vehicles with minimum limits of $1,000,000 for bodily injury per person, $1,000,000 property damage, and $1,000,000 combined single limit per occurrence; and, 10.1.4 Professional Liability Insurance in amounts of at least $1,000,000 per claim and annual aggregate. OMITTED SECTION]0.2 City of Fayetteville's Insurance OMITTED SECTION10.3 Certificates of Insurance l I. OWNERSHIP AND USE OF DOCUMENTS 11.1 GTS, Inc Documents. Unless otherwise agreed in writing, all documents and information prepared by GTS, Inc including, but not limited to, reports, boring logs, maps, field data, field notes, drawings and specifications, test data and other similar instruments of service (collectively "Documents") are the property of GTS, Inc. GTS, Inc has the right, in its sole discretion, to dispose of or retain the Documents. Arkansas • Oklahoma • Missouri • Kansas City of Fayetteville, Arkansas ....Project Name.... Page 5 GTS: Inc. F........,.» 11.2 City of Fayetteville Documents. All documents provided by City of Fayetteville will remain the property of the City of Fayetteville. GTS, Inc will return all such documents to City of Fayetteville upon request, but may retain copies for its files. 11.3 Use of Documents. Except as otherwise agreed to by City of Fayetteville and GTS, Inc, all Documents prepared by GTS, Inc are solely for use by City of Fayetteville and will not be provided by either party to any other person or entity without GTS, Inc's prior written consent. 11.3.1 Use by City of Fayetteville. City of Fayetteville has the right to reuse the Documents for purposes reasonably connected with this Project for which the Services are provided, including without limitalion design and licensing requirements of the Project. 11.3.2 Use by GTS, Inc.GTS, Inc retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from Services and the right to use the Documents for any purpose. 11.4 Electronic Media. GTS, Inc may agree at City of Fayetteville's request to provide Documents and information in an electronic format as a courtesy. However, the paper original issued by GTS, Inc will remain the final product of the Services. GTS, Inc makes no warranties, either express or implied, regarding the fitness or suitability of any electronic Documents or media. OMITTED SECTION 11.5 Unauthorized Use 12. SUSPENSION & DELAY; TERMINATION 12.1 Suspension & Delay. City of Fayetteville may, upon 10 days written notice at any time, suspend GTS, Inc's Services. GTS, Inc may terminate this Agreement if City of Fayetteville suspends the Services for more than 60 days, in which case City of Fayetteville will pay GTS, Inc as provided in Section 12.4. If City of Fayetteville suspends the Services, or if City of Fayetteville or others delay GTS, Inc's Services, City of Fayetteville and GTS, Inc agree to equitably adjust the time for completion of the Services and GTS, Inc's compensationfor the additional labor, equipment, and other charges associated with maintaining its workforce for City of Fayetteville's benefit during the delay or suspension, and any charges incurred by GTS, Inc for demobilization and subsequent remobilization. 12.2 Termination jar Convenience- GTS, Inc and City of Fayetteville may terminate this Agreement for convenience upon 10- days written notice delivered or mailed to the other party. 12.3 Termination for Cause. In the event of material breach of this Agreement, the non -breaching party may terminate this Agreement if the breaching party fails to cure the breach within 10 days following delivery of the non -breaching party's written notice of the breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the I 0-day period. 12.4 Pay►nent on Termination. Following termination other than for GTS, Inc's breach of this Agreement, City of Fayetteville will pay GTS, Inc for the Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with GTS, Inc's then -current SCHEDULEOFCIIARGFS in Exhibit A. 12.5 Force Majeure. In the event that GTS, Inc is prevented from completing performance of its obligations under this Agreement by adverse weather or other occurrence beyond the control of GTS, Inc, then GTS, Inc will be excused from any further performance of its obligations and undertakings. In the event of a force majeure delay that does not result in termination of the Agreement, the schedules will be equitably adjusted. 13. DISPUTES OMITTED SECTION 13.1 ;Mediation 13.2 Choice of Law, Ventre. This Agreement will be construed in accordance with and governed by the laws of the state in which the Project is located. 133 Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of GTS, Inc's Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims. 14. NI ISCELLAN EOUS 14.1 Assignment and Subcontracts. During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agreement or any right or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. Any assignment that fails to comply with this paragraph will be void and of no effect.GTS, Inc may subcontract for the services of others without obtaining City of Fayetteville's consent if GTS, Inc deems it necessary or desirable for others to perform certain Services. Arkansas • Oklahoma • Missouri • Kansas City of FayetteAlle, Arkansas ....Project Name.... GTS, MC. Page 6 14.2 Integration and Severability. This Agreement reflects the parties' entire agreement with respect to its terms and limitations and supersedes all prior agreements, written and oral. If any portion of this Agreement is found void or voidable, such portion will be deemed stricken and the Agreement refortned to as closely approximate the stricken portions as law allows. These terms and conditions survive the completion of the Services under and the termination of the Agreement, whether for cause or for convenience. 14.3 Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. 14.4 Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand delivered to the recipient onielivered by first-class mail (postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement. 14.5 Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement. 14.6 Waiver. The waiver of any term, condition or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. 14.7 Precedence. These GENERAL CONDITIONS take precedence over any inconsistent or contradictory provisions contained in any other agreement term, proposal, purchase order, requisition, notice to proceed, or other document regarding GTS, Inc's Services. 14.8 Incorporation of Provisions Required By Law.Each provision and clause required by law to be inserted in this Agreement is included herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein. Arkansas 9 Oklahoma • A4icsouri • Kansas Matt Mihalevich Submitted By 2014-0179 q1_1q Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Development Services Department Action Required: Staff requests approval of Change Order #1 with ARCO Excavation and Paving Inc. to increase the original contract amount of $779,645.25 by $8,191.00 for the addition of four items necessary for the construction of Town Branch Trail. The contract with ARCO Excavation and Paving Inc. was approved by Resolution #31-14 and includes $93,557.43 in contingency. Does this item have a cost? YeS $8,191.00 Cost of this request 4470.9470.5814.05 Account Number 02016.1102 Project Number $1,128,645.26 Town Branch Trail (Greathouse to 71 B) Category or Project Budget $919,226.81 Funds Used to Date $201,227.45 Remaining Balance Program or Project Name Trail Development Program or Project Category Sales Tax Capital Imp Fund Name Budgeted Item? YeS Budget Adjustment Attached? NO V20130812 Previous Ordinance or Resolution # 31-14 Original Contract Number: Comments: CITY OF • aeevle ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: April 15t', 2014 STAFF MEMO SUBJECT: Town Branch Trail — Change Order #1 with ARCO Excavation and Paving RECOMMENDATION: Staff requests approval of Change Order #1 with ARCO Excavation and Paving Inc. to increase the original contract amount of $779,645.25 by $8,191.00 for the addition of four items necessary for the construction of Town Branch Trail. The contract with ARCO Excavation and Paving Inc. was approved by Resolution #31-14 and includes $93,557.43 in contingency. BACKGROUND: ARCO Excavation and Paving Inc. started construction of the Town Branch Trail section from 71 B to Greathouse Park on March 101", 2014. During construction it was realized that additional storm drainage pipe and a junction box were necessary. In addition, an adjacent property owner who has granted a temporary construction easement requested a 6 foot tall temporary chain link fence. This fence will contain the construction equipment while creating a safe area on the remainder of the property for the property owner to conduct business. DISCUSSION: Change Order #1 includes the following items: 1.) 6 foot tall temporary construction fencing (10' panels) 420 LF $3,150.00 2.) 18" reinforced concrete pipe (RCP) 18 LF $1,206.00 3.) 18" reinforced concrete pipe (RCP) Flared End Section 1 EA $485.00 4.) 4' junction box (poured in place round) 4' Depth 1 EA $3,350.00 Total $8,191.00 BUDGET/STAFF IMPACT: Change Order #1 will increase the original contract amount of $779,645.25 by $8,191.00 for an amended contract price of $787,836.25. The additional funds necessary for the change order are within the approved contingency and have been budgeted through the Trail Development Capital Improvement Program. Attachments: Staff Review Resolution #31-14 Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov NO. DATE #1 419I2014 10287 E. Hwy 72 Bentonville AR. 72712 Phone:(479)451-8000 Fax:(479)451-8010 Request for Change Order: ARCO Job # 5015 Work To Be Performed At: Name City of Fayetteville Project Town Branch Trail Street 113 W. Mountain Street South School Ave City Fayetteville, AR 72701 City Fayetteville AR. Phone 479-444-3416 Plans Dated rev. 1015/2013 Email mmihalevich(cDfayetteville-ar.Qov Change order work as follows: No. Temp. Fencing, RCP, Boxes Ect. Quantity Unit Cost Total 1 6' Tali Temporary Construction Fencing(10' Panels) 420 LF $7.50 $3,150.00 2 18" RCP 18 LF $67.00 $1,206.00 3 18" RCP Flared End Section 1 EA $485.00 $485.00 4 4' Junction Box(poured in place round) 4' Depth 1 EA $3,350.00 $3,350.00 Previous Change Order Amount Total Cost of this Change Order: $8,191.00 $0.00 Change Order Amount to Date......................................................................... $8,191.00 Original Contract Amount.............................................................. ............ $779,645.25 Revised Contract Amount............................................................................... $787,836.25 Respectfully Submitted Arco Excavation 8, Paving Inc. Per MAU C?4 Matt Cravey The above prices, specifications, conditions and change order to contract Date GO ! V 0 M 4 Signature Ta'4y�e�IiLle PURCHASE ORDER VENDOR NO. 21189 ARCO Excavation & Paving Inc 10287 E IiWY 72 Bentonville AR 72712 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas DATE 2/12/14 FOB Fyv TERMS NET 30 DAY PURCHASE ORDER # 14-0000095-001 Unit Ottyy Description and Unit Price TOTALS Qty. of Rocolved Account Number 18aue 1.00 JOB a) Town Branch Trail 779645.25 779645.25 Per Bid #13-58 Res #31-14 Contract ##2308 Note: This project is grant funded. 4470.9470.5814.05 020161102 CHANGE ORDER #1 - Please add Line Item B for Contract #2308 CO #1 in the amount of $8,191.00 using GL account number 4470.9470.5814.05 02016/1102 SHIP TO: Engineering/Drafting Crff OF FAYETTEVILLE 125 W MOUNTAIN SI' FAYETTEVILLE AR 72701 Walevich Sales Tax Total: $.00 Purchase Order Total: 779645.25 DEPARTMENT VERIFICATION BY DATE ADDITIONAL APPROVAL RECEIVED CHECK # DEPT HEAD APPROVAL DOES NOT MEET PURCHASING POLICY AMOUNT TO PAY $ CONTRACT PAYMENT OTHER NP VERIFICATION APPROVED BY PURCHASING VERIRCATK)N PRICE CHANGE VERIFICATION PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) $ RETURN CHECK TO TOTAL PYMT(S) $ SEND COPY TO BALANCE $ DEPT COPY Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2014-0442 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item kto Eycava+n ��Wu9 " ovkx 4Q, 10/10/2014 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Staff requests approval of Change Order #2 with ARCO Excavation and Paving Inc. to increase the contract amount by $1,679.65 for the addition of electrical items, signs and the reconciliation of all contract items to close out the project. The contract with ARCO Excavation and Paving Inc. was approved by Resolution #31-14 and includes sufficient contingency budgeted to incorporate this final cost overage. 4470.9470.5814.05 Account Number 02016.1102 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: Sales Tax Capital Improvement Fund Town Branch Trail (Greathouse Prk to 71B) Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 883,114.00 $ 862,281.13 l Y 20,832.87 $ 1,679.65 $ 19,153.22 V20140710 Previous Ordinance or Resolution # 31-14 Original Contract Number: 2308 Approval Date: Comments: CITY OF • T e evl e ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: October 10t", 2014 STAFF MEMO SUBJECT: Town Branch Trail — Change Order #2 with ARCO Excavation and Paving RECOMMENDATION: Staff requests approval of Change Order #2 with ARCO Excavation and Paving Inc. to increase the contract amount by $1,679.65 for the addition of electrical items, signs and the reconciliation of all contract items to close out the project. The contract with ARCO Excavation and Paving Inc. was approved by Resolution #31-14 and includes sufficient contingency budgeted to incorporate this final cost overage. BACKGROUND: The section of the Town Branch Trail from 71 B to Greathouse Park has been substantially completed ARCO Excavation and Paving Inc. All bid items have been reconciled and are represented in the proposed change order #2. In addition, several items were needed to complete the trail lighting electrical system. These items and the modification of 5 trail signs are included in the attached change order #2. BUDGET/STAFF IMPACT: Change Order #1 increased the original contract amount of $779,645.25 by $8,191.00 for an amended contract price of $787,836.25. Change Order #2 will increase the contract price by $1,679.65 for an amended contract price of 789,515.90. The additional funds necessary for the change order are within the approved contingency and have been budgeted through the Trail Development Capital Improvement Program. Attachments: Staff Review ARCO signed Change Order #2 Resolution #31-14 Purchase Order #14-0000095-001 Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayettevilie-ar.gov CITY OF 7ayT� le N5AS CHANGE ORDER Contract Number Job 040603 FAP STPE-TAPU-ENHN (469) Contract Title Fayetteville Town Branch Trail (ATEP-11) (S) Change Order No. 2 Date of Issuance I October 9, 2014 To Contractor: ARCO Excavation & Paving ORDINANCFIRESOLLITION: Res_ No. 31-14 The Contract is changed as follows: Items A-E are new items included in this change order. Items A-E were necessary for the operation of the trail lighting and Item E was necessary for compliance with the trail signs. The reconciliation of all contract items is shown as Item F, A. 100 Amp service from meter to SWEPCO Junction Box. B. 3/4" PVC conduit from rigid steel conduit to junction box and up to 8 lights under the 71 B bridge C. #12 wire from junction box to fixture head of A and B lights D. 3/4" fittings to transition from PVC to rigid'steel E. 5 trail signs were specified at a size that does not comply with the MUTCD. This item includes 5 srnaller signs to be installed R Reconciliation of all contract Items (see attached Reconciliation Form) Contract Changes Item No. Bid Item Description Previous Estimated Quantity Unit of Measure Contract Unit Price Revised Estimated Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost A. CO2.01 too Amp Service 0.00 LF $0.00 80.00 $7.75 $0.00 $620.00 B. CO2.02 3/4" PVC Conduit 0.00 LF $0.00 160.00 $3.85 S0.00 $616.00 C. ICO2.03 912 Wire 0.00 LF $0.00 3,051.00 i $1.10 $0.00 $3,356.10 D. CO2.04 3/4" conduit fittings 0.00 EA $0.00 38.00 $2.95 $0.00 $112.10 E. CO2.05 Trail Sign Modification 0.00 EA S0.00 5.0( $155,00 $0.00 $775.00 F. All Reconciliation of all Contract Items 0.00 EA $0.00 0.00 $0.00 I $0.00 ($3,799.55) sommatioo of Cost $0.00 S1,679.65 Net Cost for this Change Order S1,679.65 Not valid until signed by the Owner The original Contract Price was $ 779,645.25 Net change by previously authorized change orders I S R 191.00 The Contract Price prior to this Change Order was S 787,836 2S The Contract Price will be increased by S_ 1,679.65 The new Contract Price including this Change Order will be $ 789,515.90 NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by W( Change Directives Arkansas State Highway and Transportation Department BY DATE RECONCILIATION Town Branch TraH INVOICE NUMBER: 6 To: t0f09t14 QUANTTY AMOUNT DEVIATION FROM PERCENT ITEM CONTRACT UNrr CONTRACT TO ITO CONTRACT USED NUMBER DESCRIPTION UNIT QUANTITY PRICE AMOUNT DATE DATE UNITS AMOUNT TO -DATE 1 T..A rxa. S.JmySyw- 13 1 Si,250.00 31=00 1 31250.00 0.00 $0.00 100% 2 .(n.nbigaOmvliim u 1 37,500DO $7,500.00 1 $7,5(10.0D 0.00 $0.00 100% 3 lhdraFrAF:mr..u(FL.12u.si%S CY low $7.25 S21.750.00 2.590 S18.777.50 (410.00) ($2,972.50) 85% CY 2,720 $11,75 632,030.50 Z878 SM1793.00 150.00 S11762.50 109% 5 •rep.ai114wm..te sdetundagt .ew 3y 5,642 91.30 $7,594.80 5.842 37,594,60 0.00 30.00 100% a rd SWq Ud:1YI (Y?..pka) T. 100 330.00 S3,00000 5 $1Woo (95.00) (52,(I50.00) 5% T 'xa.d�dd:ae Ftp. u 24 S72.00 S1,728.00 54 S3,8B8.00 30.00 32,16000 225% e ' P..f. -I C-- P)w F6M r w EA 2 $M 00 51,370.00 3 S2,055,OD 1.00 S685.00 150% S • a.n 7 nSLi4lat. FIu. Sr 5,206 $3.75 S19.522.50 4.712 $17,670.00 (494.00) (31,852.50) 91 % 10 In .14e x 7 be P-i C m D. C h- I.F 50 $505.00 $29,750.00 50 $29,750-00 0.00 $0.00 100% 1 t r y Fti.n � 110 cvwa 36 $420 00 $15.120,00 36 $i 5;120 00 0.00 So.00 100% 12 w.MwdbZApp.uY,..m M 1 $15,000.00 915,D00.00 1.00 Si5,000.00 000 $0,00 100% 13 I.dlsed.d)Osromd.) SY 1.111 $3,65 $4.055.15 Z396 38,745.40 1".00 64,690.25 219% 2 S3,T50,00 $7.500,00 2 S7.500.00 0,00 $0.00 100% 15 E 16.e.e,d F1►IP. u 1 $0,065.00 Sa,W85.00 0.75 $8.on-r5 roast (52.02125) 75% )e md,ie,�,m(M"emxas-;or�pnae) u t S15,000.00 $15.000.00 1.00 $15.000.00 0,00 SO-00 IDO% t7 -P. 6.Fmq IS 1 521500DO S2.5DO-00 0.75 91.075,00 (0.25) 1$625.00) 75% to 'T,W Cd,, w 4a1F.(Yei1m PwIS) tt 3,082 $1.20 3306.40 3,079 S3,894.80 f9 -A5W. U4ta-4Pp E, 17 $275.00 $4,675.00 17 $4,675.00 0.00 $0.00 1OD% 20 C..o.d.T,.i sF 35,622 $325 $115.771.50 38.116 3117,377.00 49C00 51,605.50 101% 2t 1kid4e Cie. u 1 S76,500.00 $76,500.00 1.00 576,500.OD 0.00 10.00 TOD% 22 - i(.axuq 1 560,200.00 $80,200.00 1.00 S80,200.00 0.00 $0.00 1 D096 73 Rd-"WdtC�(C.i.Ph-) u 1 558,506.00 556.5a0.00 1.00 W. (0.00 0.00 $0.00 1OD% 24 Ik w . I LF Y80 $83.00 S23,240.00 188 $13.778.00 (114,00) (59,462-00) 59% 2$ Orms"Wd/.dSad Fa W.Oop LF 440 555.00 S24,200.00 438 $24.090.00 2001 (S11o.00) 1OD% 28 FUp Ft.p(Nuin Smd.tane) 3Y 40 $80.00 $3,200.00 51 54,060.00 11.00 sm 00 128% 27 LW* 00-nd Fol, T7wA PA 35 $3.800.00 $144.400.00 38 $144,400.00 0.00 $0.00 100% 2e WdFiw.t,Trp.9 FA 3 $1,500.00 $4,500,00 3 $4,500.00 0.00 30.00 100% 117 Poch" cmii(SF IW 40 PVC) u 3,082 $850 S20.033.00 3,2W $20.90,00 148.00 $962.00 105% 30 9` 11' Fi.uew wftI, e, C.n.un Pa 0- FA 38 S155,00 $5,69000 39 $5.89D.00 0.00 $0,00 100% st r0a..:.at�4scd caadt Zoe 59.75 $2,028,00 187 $1.623,25 (21.00) (S204.75) W% 32 N. IAWDC.pp.ad..... Ir 8,721 $1.60 313.953.80 t]),944 SIT510.40 2.223.00 53,55e.80 125% 33 FF tr dS-io.F.q:p. podo", r,A 2 $5,550.00 311,100.00 2 $11.100.00 0.00 30.00 100% 14 IS 1 S15,000.00 515.000.00 1 515=00 0.00 $0.00 100% Co LOi .T.4 T."p-y C.M. Finanl DV F.W.) IS 42D $7.50 S3,150,00 420 S3,150.00 0.00 $0.0D 100% Co 1.02 16,t C�,eM ltw u 18 S67.00 $1,20500 16 S1,208.00 0.00 50.00 100% W 1.03 u' R.inISF.,q Lama. Rw Fln.d end EA 1 $465.00 $485 OD 1 S485.00 0.00 $0.00 10D% CO1'04 l.aeene..(P-Wi.O-..gW04R FA 1 $3,350.00 S3,350.00 I $3,350.00 coo $0.00 100% Co 2.01 10OA.y se m t r 60 $7.75 3620.00 80 3Moo 0.00 50.00 100% GO 2.02 4•PVC C, a_ LY 160 53.85 $616.00 ISO S818A0 0.00 Moo 100% CO 2,03 112Win: tF 301 $1.10 S3.356.10 3,051 S3,356.10 0.00 30.00 100% CO2.04 1'4•-Wilet v G 38 $295 $112.10 38 $112,10 0.OD $0.00 100% 1102.05 T„4 Sip,Ac &r-.; a 5 $155,00 $775.D0 5 $775.00 0.00 MOD 100% T.td. $793.315.45 S709,515.90 Ddkieptm Isom Caf oa (53,79955) -w - ** REPRINT ** Taly"Oe-VIL e PURC CASE ORDER VENDOR NO. 21189 ARCO Excavation & Paving Inc 10287 E HWY 72 Bentonville AR 72712 Each Package Must Be Marked Exactly As Shown Here my of Fayetteville. Arkansas DATE 8105114 FOB Fyv PURCHASE ORDER # 14-0000095-100 TERMS NET 30 DAY Unit OttyyDescription and Unit Price TOTALS Qty. Is goeeived Account Number 1.00 JOB a-) Town Branch Trail 779645.25 779645.25 Per Bid ##13-58 Res #31-14 Contract #2308 Note: .This project is grant funded. 4470.9470.5814.05 020161102 CHANGE ORDER #2 - Please add Line Item C for Contract #2308 CO #2 in the amount of $1,679.65 using GL account number 4470.9470.5814.05 02016/1102 SHIP TO: Engineering(Dmting C rY OF FAYEiTEVWLE M w MOUNTAIN ST FAYETTEVILLE AR 72701 Continued on Next Page DEPARTMENT VEMSCATION BY DATE ADDITIONAL APPROVAL CHECK # RECEIVED DEPT HEAUAPPROVAL GOES NOT MEET PURCHASINGPDUGY AMOUNT TO PAY $ CONTRP CT FAYMEM OTHER AJP VERIFICATION APPROVED 8Y PURCHASING VERIFICATION PRICE CH{V+IGE VERIFICATION >ETURN Ct1ECKT0 SENDCOPYTO DEPT COPY PROJECT * THIS PAYMENT $ PREVIOUS PAYMENT(S) $ TOTAL P'YMT(S) S am ANCE $ ** REPRINT ** Ta'y`e"e PURCHASE ORDER VENDOR NO. 21189 ARCO Excavation & Paving Inc 10287 E HV4'Y 72 Bentonville AR 72712 Each Package Must Be Marked Exactty As Shaven Flare City of Fayetteville, Arkansas DATE 8105114 FOB Fyv PURCHASE ORDER # 14-0000095-100 tyUnit TERMS NET 30 DAY Oty• Of Received Accoant Number Unit Pries TOTALS lasue 1.00 SA by Change Order #1 to Contract 8191.00 8191.00 04/30/14 C/O #1 to incr contract by $8,191.00 to allow for 6' tall temp construction fencing; additional storm drainage pipe and a junction box 4470.9470.5814.05 020161102 SHIP TO: Fan¢neeringMrafiing CITY OF FAYEITEVQd.E IZ5 W MOUNTAIN ST FAVEITEVII.LE AR 72701 Sales Tax Total: $.00 Aaalavich Purchase Order Total: 787836.25 ouAMM NTVERIFICATION BY DATE ADDMONALAPPROVAL RECE VEO DEFT HEAD APPROVAL AMOUNTTO PAY S AJP VEAIFICATiON PURCHASING VERIRCATION PRICE CKAME VEWCATION Rc URN CHECK TO SEND COPY TO CHECK# DOES NOT MEET PURCW4SINQ POLICY CONTRACT PAYMENT OTHER APPROVED 13Y DEPT COPY PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) $ TOTAL PYMT(S) S BALANCE S RESOLUTION NO.31-14 A RESOLUTION TO AWARD BID #13-58 AND AUTHORIZING A CONTRACT WITH ARCO EXCAVATION & PAVING, INC. FOR THE CONSTRUCTION OF THE TOWN BRANCH TRAIL IN THE AMOUNT OF $779,645.25, AND APPROVING A CONTRACT CONTINGENCY IN THE AMOUNT OF $93,557.43 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 awards Sid #13-58 to ARCO Excavation & Paving, Inc. in the amount of $779,645.25 for the construction of the Town Branch Trail, and further approves a twelve percent (12%) contract contingency in the amount of $93,557.43, Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached hereto as Exhibit A, recognizing $352,647.00 in federal revenue. PASSED and APPROVED this 5" day of February, 2014. I\»:Z91F1 M 01; By: ATTEST: —By: �i7.�.s�•a• G • 4nv4L SONDRA E. SMITH, City Clerk/Treasurer CJY. .r r : Fil ',,' �1 JO 11l I0 r`` I ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett Director Telcphone (501) 569-2000 Voice/TTY 711 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: P.O. Box 2261 Little Rock, Arkansas 72203-2261 'relefax (501) 569-2400 www.arkansashighways.com Re: Job 040603 F.A.P. STPE-TAPU-ENHN(469) Fayetteville Town Branch Trail (ATE P-I I) (S) Washington County Reference is made to Change Order Number 2 recently submitted for the subject transportation enhancement project. We hereby concur in the changes, and the original signed copy of the change order is enclosed for your use. If you have any questions, please contact Carlos Meredith at (501) 569-2261. Sincerely, Kevin Thornton Engineer of Programs and Contracts Division Enclosure c: Construction -Ron Price (w/enclosure) Transportation Planning and Policy District 4 Resident Engineer #43 (w/enclosure) Job 040603 'C' File (w/enclosure) Chris Brown, City of Fayetteville (w/enclosure) ,/Matt Mihalevich, City of Fayetteville (w/enclosure) t � A0 P1I CITY OF Ta%ym e e k AS le ARICAN CHANGE ORDER Contract Number Job 040603 FAP STPE-TAPU-ENHN (469) Contract Title Fayetteville Town Branch Trail (ATEP-11) (S) Change Order No. 2 Date of Issuance October 9, 2014 To Contractor: ARCO Excavation & Paving ORDINANCETXSOLITIION; Res. No. 31-14 The Contract is changed as follows: Items A-E are new items included in this change order. Items A-E were necessary for the operation of the trail lighting and Item E was necessary for compliance with the trail signs. The reconciliation of all contract items is shown as Item F. A. 100 Amp service from meter to SWEPCO Junction Box. B. 314" PVC conduit from rigid steel conduit to junction box and up to B lights under the 71 B bridge C. #12 wire from junction box to fixture head of A and B lights D. 314" fittings to transition from PVC to rigid steel E. 5 trail signs were specified at a size that does not comply with the MUTCD. This item includes 5 smaller signs to be installed F. Reconciliation of all contract items (see attached Reconciliation Form) Contract Changes Item No. Bid Item Description Previous Estimated Quantity Unit of Measure Contract Unit Price Revised Estimated Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost A. CO2.01 100 Amp Service 0.00 LF $0.00 80.00 $7.75 $0.00 $620.00 B. CO2.02 3I4" PVC Conduit 0.00 LF $0.00 160.00 $3.85 $0.00 $616.00 C. CO2.03 412 Wire 0.00 LF $0.00 3,051.00 S1.10 $0.00 $3,356.10 D. CO2.04 314" conduit fittings 0.00 EA $0.00 38.06 $2.95 S0.00 $112.10 E. CO2.05 Trail Sign Modification 0.00 EA s0.00 5.00 $155.00 $0.00 S775.00 F. All Reconciliation of all Contract Items 0.00 EA $0.00 0.00 SO.00 $0.00 (S3,799.55) Sum mationofCost $0.00 S1,679.65 Net Cost for this Change Order $1,679.65 Not valid until signed br the Owner The original Contract Price was - ••• • • ••• -,S..- 779,645.25 Net change by previously authorized change orders + S 8 191.0o The Contract Price prior to this Change Order was S 787,836.25 The Contract Price will be increased by $ 1679.65 The new Contract Price including this Change Order will be S 789,515.90 NOT£: This summary does not reflect changes in the Contract Price or'fime(s) which have been authorized by Work Change Directives /x ansas St§te Highway and Transportation Department 44&� DATE RECONCILIATION INVOICE NUMBER: 8 Town Branch TraO To: t0101i114 QUANTITY AMOUNT DEVIATICN FROM PERCENT ITEM CONTRACT UNIT CONTRACT TO ;TO CONTRACT USED NUMBER DESCRIPTION UNIT QUANTITY PRICE AMOUNT DATE DATE UNITS AMOUNT TO -DATE Iow�l3.9er9r,m.+ Is 1 $1.250.00 $1250.00 1 Sty5C.00 0.00 $0,00 100% 2 Clepi.4.OlepyryAOrmdisen L7 1 $7,500.00 $7,5W.00 1 57.500.00 0.00 SO.00 lm% e=v..ow(,,-q.-ty) CY $.000 $7.25 121,750.00 2,590 $18,777.50 (4101 O) (S2,972.50) 86% 4 Ffi R1.nQw .4y) CY 2,726 $11.75 $32,030.50 2,878 533,793.00 150.00 31.762,50 108% 5 'Topw4PEwa &SdwOmdo;(E.iignl ST 5,042 $1,30 $7,594.60 5,842 57,594.60 0A0 50.00 100% ° .do-w.-OneOWlla(rd..e.d) Toe 100 $W.00 S3,000.00 5 S750.00 {95.00) (S21890.00) 5% 7 24•ltidadC�np LF 24 572.00 S7.728.00 54 S3,B88.00 30.00 52.760.00 225% e • �+.foRe4 C-r IMF FL.W FM FA 2 $68a.00 $1,370.00 3 32,055.00 1.00 $885,00 150% t) •CUN7A,gbcbm sY 5,206 $3.75 $19,522.50 4.712 $17.670.00 (494,00) (31,652.50) 91% to v.;d .re,pRRamew7aed.1747ew.x 50 f595D0 M750.00 50 s29,750.00 0.OD SQ00 100% j1 r.;de.71.a P,ovCa.n.n R.. o4..^ Il 36 $420,DO $15,120.00 38 S15;120.0D 0.00 S000 100% 12 IryWdh! Apry.><m..e. L4 1 f15,000.a0 315,00000 11.00 ' S15,000.00 0.00 $0.00 100% 13 Se4u3.d(yW.a1(Ammd.l 9Y 1.111 $3.65 $4.055.15 2.395 $8,745.40 1,285.OD S4,89025 216% 14 d Lt kti r Aa 2 S3,750.00 $7.500.00 2 $7,5000D 0.00 $0.00 1DO% 13 u 7 38.055.00 $8.085.00 0.75 36,063.75 18 (.abe eS1.d wslpn.e> is I 315,000.00 S15,000.00 1.00 i15,000.00 0.00 $0.00 100% 77 Tree Pl,bcdoo Fa.m (s 1 $2,5W_00 $2,500.00 0.75 $1,875.00 (0.25) (SM5.DD) 75% 16 'T.ilCoo.l 5,f(4(Y400 PYaQ IS 3,082 $1.20 $3,898.40 3,079 S3,894.80 (3.00) (93.60) 100% tb r.J%p ,6Lscl.rdTlr FA t7 $275.00 S4,675.00 17 $4,675.00 0.00 S0.00 100% 20 c.,p,a.T,:l SF 35.622 $3.25 S115,771.50 38.116 $117.377.00 494.00 $1,805.50 101% 21 BidpC..+O..>:a. is 1 $76,500.00 $76,500.00 1.00 576,500.00 0.00 S0.00 100% 22 T-RW=b% r.5 1 $60,200.00 $60,20D.00 1.00 f60200.00 0.00 $0,00 100% 23 It i.-FwdlCmurari..(C.ai.Ft-) Is 1 f58,500.00 658.500.00 1.00 f58,500.00 0.00 $0.00 100% 24 Eh.drw1 LF 280 583.D0 623,240,D0 166 S13,778.00 4114.00 25 OIr. mm-am blab F-Woa. IF 440 555.00 $24,200.00 438 S24,P90.00 (2,00) ($110.00) 10D% 26 FRw(rr.i.<s.eml-) sr 40 S80.00 S3,mlm 51 $4,680,00 11.00 S890 DO 128% 27 F,mw.d Fdo,T7F. A FA 38 $3,8D0,00 $144,400.00 38 5144;40000 0.00 50.00 100% 2° Iij. Fwmti T.T.o FA 3 f1,500.00 54,500.00 3 $4,500.00 0.00 $0,00 100% 29 1 V2, Ll. n" Cnd.il (St.d.1e40 Pvc) (s 3.082 $6.50 $20,033.DO 3,230 f20,995.00 148.00 $082 00 105% 30 .It'F,begN-7Vlne.re..aeePO0. EA 36 $155.00 $5,696-00 38 $5.6%.00 0.0D $0-00 100% 11 yrod-i.-dKwwsl,NCadd1 LF 208 S9.75 $2.028.00 187 $1,82325 (21A0) (S204.75) 90% 32 .2AWocw C..d- LF 0,721 $1.130 $13,953.60 10,944 S17,510.40 2,2YS.00 53,556.80 125% 33 Her4,fedS.-F,.. Peka.6 FA 2 55,550.00 S11,100.00 2 $11.100,00 0.00 1 $0.00 100% 94 �>� • Rdiq Is 1 $15,00000 $15,000.00 1 $15.=00 0.00 $0.00 100% W 1.01 OT.0 Tcmp..ry Ce Feeob,4(tVr.odo is 420 $7.50 S3.150.00 420 $3,150.00 0.00 Saw 100% is- R-&.WCm, lip. LF 18 $67.00 $1208.00 18 f1,Z0800 0.00 $0,00 100% CO 1.03 tr R.olaod cm Pipe Plied Ind FA 1 5485.00 t485.91i 1 $485 DD 0.00 $0.00 100% C.01.04 Awe6m°o.pa.d:,plen.sd)�I1.pd FA 7 53,350.00 $3,350.00 1 $3,350.00 0.00 $0,00 100% COal aaA�3ee LF 80 S7.75 S620.00 80 $820.00 0.00 $0.00 100% CO2.02 4*rvCCu..,l It 180 S3.85 $616.00 160 $616.00 OA0 MOD 100% Cc 2.13 p13 WiR LF 3,051 $1.10 53,356.10 3,051 $3,355.10 0.00 Moo 100% CO2a4 7.u, em:e a,snp, 7A 38 5295 $112.10 38 $112.10 0.00 30.00 100% CO2.05 - Sim 14m.d.. S15500 3775.00 5 f776.00 0.00 $0.00 1 7DD% Tapp $793,315,45 $769,515.90 DiflderI 0t7rt1 Co- act: (S3,799.55)