HomeMy WebLinkAbout34-14 RESOLUTIONRESOLUTION NO.34-14
A RESOLUTION APPROVING A CONTRACT WITH GARVER
ENGINEERS, LLC IN AN AMOUNT NOT TO EXCEED $352,879.00 FOR
THE DESIGN OF RUPPLE ROAD FROM STARRY NIGHT VIEW TO
MOUNT COMFORT ROAD, AND TO APPROVE A BUDGET ADJUSTMENT
OF $352,879.00
WHEREAS, the City of Fayetteville understands that federal aid Surface Transportation
Program -Attributable (STP-A) funds are available for certain city projects at a Federal
participating ratio of 80% and City participating ratio of 20%; and
WHEREAS, the Northwest Arkansas Regional Planning Commission has approved the
funding of professional design services in an amount not to exceed $320,000.00, which requires
the City to provide matching funds in an amount of up to $80,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a
Contract, a copy of which is attached as Exhibit "A", with Garver, LLC, in an amount not to
exceed $352,879.00 for the design of Rupple Road from Starry Night View to Mount Comfort
Road.
Section 2: That the City Council of the City of Fayetteville, Arkansas approves a budget
adjustment, attached hereto as Exhibit `B," in the amount of $352,879.00.
PASSED and APPROVED this 181h day of February, 2014.
APPROVED:
ATTEST:
By Af
I ELD J A , Mayor SONDRA E. SMITH, City Clerk/Treasur
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AGREEMENT
FOR
ENGINEERING SERVICES
(LOCAL VERSION — COST PLUS FEE)
JOB NO. 040657
FEDERAL AID PROJECT ("FAP") NO. STPU-9142(36)
W. Starry Night View - W. Mount Comfort Rd.(N. Rupple Road)(Fayetteville)(S)
PREAMBLE
THIS AGREEMENT, entered into this 15-- day of rp.bfuUQ _, �, by and
between the City of Fayetteville, in Washington County, Arkansas (" ner"), and Garver, LLC,
("Consultant"), a corporation existing under the laws of the State of Arkansas, with principal
offices at 2049 E. Joyce Boulevard, Fayetteville, Arkansas.
WITNESSETH:
WHEREAS, the City of Fayetteville is planning to reconstruct and relocate Rupple Road
from Starry Night View to Mount Comfort Road including a bridge over Hamestring Creek; and,
WHEREAS, the City of Fayetteville's forces are fully employed on other urgent work that
prevents their early assignment to the aforementioned work; and,
WHEREAS, Garver's staff is adequate and well qualified, and it has been determined
that its current workload will permit completion of the project on schedule.
NOW THEREFORE, it is considered to be in the best public interest for the City of
Fayetteville to obtain the assistance of Garver in connection with engineering services. In
consideration of the faithful performance of each party of the mutual covenants and agreements
set forth hereinafter, it is mutually agreed as follows:
1. PRELIMINARY MATTERS
1.1. "Consultant's Representative" shall be Ron Petrie, PE, until written notice is provided
to the Owner designating a new representative.
1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $352,879.
The Contract Ceiling Price is the maximum aggregate amount of all payments that the
Owner may become obligated to make under this Agreement. In no event, unless
modified in writing, shall total payments by the Owner under this Agreement exceed the
Contract Ceiling Price. The Consultant shall not be entitled to receive adjustment,
reimbursement, or payment, nor shall the Owner, its officers, agents, employees, or
representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling
Price.
1.3. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the
Owner under this Agreement.
1.4. "Default" means the failure of the Consultant to perform any of the provisions of this
Agreement. Default includes, but is not limited to, failure to complete phases of the work
according to schedule or failure to make progress in the work so as to endanger timely
performance of this Agreement, failure to pay subcontractors in a timely manner, failure
to comply with federal and state laws, and failure to comply with certifications made in or
pursuant to this. Agreement.
1.5. "Department" or "AHTD" means the Arkansas State Highway and Transportation
Department.
1.6. "DOT" means the United States Department of Transportation.
1.7. "FAR" means the Federal Acquisition Regulations, codified in 48 C.F.R.
1.8. "Fee" whether fixed or otherwise is a dollar amount that includes the Consultant's
profit on the job.
1.9. "FHWA" means the Federal Highway Administration.
10. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 C.F.R.
Part 31, and is also subject to any limitations contained herein. The Indirect Cost Rate
for the Consultant under this Agreement shall be 187.57 percent. If applicable, the
Indirect Cost Rate for each subcontractor shall be listed in Appendix B.
11. "Title I Services" are those services provided by the Consultant before the award of
the contract for the construction of the Project, consisting primarily of engineering
services for the planning or design of the Project.
12. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is
$352,879. The Title I Services Ceiling price is the maximum aggregate amount of all
payments that the Owner may become obligated to make under this Agreement for fees
and costs related to Title I Services. In no event, unless modified in writing, shall total
payments by the Owner related to Title I Services exceed the Title I Services Ceiling
Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or
payment for, nor shall the Owner, its officers, agents, employees, or representatives,
incur any liability for, any fee or cost related to, Title I Services exceeding the Title I
Services Ceiling Price.
1.13. "Title II Multiplier" (if applicable) is the mark-up by which the fee and indirect costs
associated with Title II services are calculated. The Title II Multiplier, which accounts for
the fee and indirect costs, is multiplied by the salary rate, as shown on the Schedule of
Salary Ranges, of the particular individual(s) performing the Title If services. The Title II
Multiplier for the term of this Agreement is 3.22.
1.14. "Title II Services" are those services provided by the Consultant after the award of the
contract for the construction of the Project, consisting primarily of engineering services
during the construction of the Project.
1.15. "Title II Services Ceiling Price". The Title II Services Ceiling Price for this Agreement
will be added by amendment at a later date. The Title II Services Ceiling price is the
maximum aggregate amount of all payments that the Owner may become obligated to
make under this Agreement for fees and costs related to Title II Services. In no event,
unless modified in writing, shall total payments by the Owner related to Title 11 Services
exceed the Title II Services Ceiling Price. The Consultant shall not be entitled to receive
adjustment, reimbursement, or payment for, nor shall the Owner, its officers, agents,
employees, or representatives, incur any liability for, any fee or cost related to, Title II
Services exceeding the Title II Services Ceiling Price.
2. TYPE OF AGREEMENT
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2.1. This Agreement is a cost -plus -fixed -fee contract. The Consultant is being hired to
perform professional engineering services in connection with the Project as set forth
herein. In consideration for Title I services performed, the Owner will reimburse the
Consultant for allowable direct and indirect costs, as defined herein, and pay the
Consultant a fixed fee. If Title II services are to be performed, the Owner will reimburse
the Consultant for allowable direct costs and also pay the Consultant an amount
determined by multiplying the salary rate of the individual(s) performing the Title II
services, as shown on the Schedule of Salary Ranges, by the Title 11 Multiplier.
2.2. The Project to be performed under this Agreement is a federally -assisted project and
federal funds will be used, in part, to pay the Consultant. Therefore, notwithstanding any
provision of this Agreement, all payments, costs, and expenditures are subject to the
requirements and limitations of 48 C.F.R. Part 31, and the Consultant shall certify the
accuracy of all invoices and requests for payment, along with supporting documentation
and any information provided in determining the Indirect Cost Rates.
3. COSTS. FEES. AND PAYMENT
3.1. Allowable costs.
3.1.1.Allowable costs are subject to the limitations, regulations, and cost principles and
procedures in 48 C.F.R. Part 31, which are expressly incorporated into this
Agreement by reference. For the purpose of reimbursing allowable costs (except
as provided in subparagraph 2 below, with respect to pension, deferred profit
sharing, and employee stock ownership plan contributions), the term costs includes
only-
3.1.1.A. Those recorded costs that, at the time of the request for reimbursement,
the Consultant has paid by cash, check, or other form of actual payment
for items or services purchased directly for the Agreement;
3.1.1..2. When the Consultant is not delinquent in paying costs of contract
performance in the ordinary course of business, costs incurred, but not
necessarily paid, for—
• Materials issued from the Consultant's inventory and placed in the
production process for use in its performance under this Agreement;
• Direct labor;
• Direct travel;
• Other direct in-house costs; and
• Properly allocable and allowable indirect costs, as shown in the records
maintained by the Consultant for purposes of obtaining reimbursement
under government contracts; and
• The amount of progress payments that have been paid to the
Consultant's subcontractors under similar cost standards.
3.1.2.Consultant's contributions to any pension or other post -retirement benefit, profit-
sharing or employee stock ownership plan funds that are paid quarterly or more
often may be included in indirect costs for payment purposes; provided, that the
Consultant pays the contribution to the fund within 30 days after the close of the
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period covered. Payments made 30 days or more after the close of a period shall
not be included until the Consultant actually makes the payment. Accrued costs for
such contributions that are paid less often than quarterly shall be excluded from
indirect costs for payment purposes until the Consultant actually makes the
payment.
3.1.3.Notwithstanding the audit and adjustment of invoices or vouchers, allowable indirect
costs under this Agreement shall be obtained by applying Indirect Cost Rates
established in accordance with Subsection 3.3 below.
3.1.4.Any statements in specifications or other documents incorporated in this Agreement
by reference designating performance of services or furnishing of materials at the
Consultant's expense or at no cost to the Owner shall be disregarded for purposes
of cost -reimbursement.
3.2. Salaries. The following schedule covers the classification of personnel and the salary
ranges for all personnel anticipated to be assigned to this project by the Consultant:
3.2.1.SCHEDULE OF SALARY RANGES
Description
Billing Class
Min. Hourly
Max. Hourly
Construction Observer
C-1
$16.00
$35.00
Construction Observer II
C-2
$24.00
$47.00
Sr. Construction Observer
C-3
$32.00
$59.00
Designer
D-1
$18.00
$36.00
Sr. Designer
D-2
$26.00
$48.00
Design Engineer
E-1
$20.00
$39.00
Sr. Design Engineer
E-2
$25.00
$44.00
Project Eng. / Resident Eng.
E-3
$30.00
$53.00
Sr. Pro'. Eng. / Sr. Rsdnt. Eng.
E-4
$38.00
$60.00
Pro'. Mn . / Sr. Pro'. Mngr.
E-5
$40.00
$74.00
Sr. Pro'. Mngr.
E-6
$45.00
$110.00
Environmental Scientist or Specialist
P-1
$18.00
$36.00
Environmental Project Manager
P-2
$36.00
$53.00
Rodman
S-1
$10.00
$20.00
Instrument Man
S-2
$12.00
$25.00
Party Chief
S-3
$15.00
$30.00
Project Surveyor
S-4
$22.00
$44.00
Sr. Project Surveyor
S-5
$30.00
$55.00
Technician or Intern
T-1
$9.00
$32.00
Sr. Technician
T-2
$20.00
$41.00
Administrative Assistant
X-1
$9.00
$30.00
Sr. Administrative Asst.
X-2
$15.00
$39.00
Executive Assistant
X-3
$20.00
$55.00
3.2.2.The Owner shall reimburse the Consultant for overtime costs only when the
overtime has been authorized in writing by the Owner. When authorized, overtime
shall be reimbursed at the rate of time and one-half for all nonexempt employees.
Notwithstanding this provision, the Consultant must comply with all federal and
state wage and hour laws and regulations, regardless whether the overtime is
considered reimbursable under this Agreement.
3.3. Indirect Cost Rates.
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3.3.1.Allowable indirect costs incurred by the Consultant shall also be reimbursed by the
Owner at the Indirect Cost Rate. The Indirect Cost Rate of the Consultant for this
Agreement shall be the rate as set forth in subsection 1.10. If applicable, the
Indirect Cost Rate for subcontractors shall be determined in the same manner and
subject to the same limitations as the Consultant, and shall be listed for each
subcontractor identified in Appendix B. The Indirect Cost Rate, or any adjustment
thereto, shall not change any monetary ceiling, contract obligation, or specific cost
allowance, or disallowance provided for in this Agreement except as provided for in
sections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect
costs pursuant to 48 C.F.R. Part 31 ("FAR").
3.3.2.In establishing the Indirect Cost Rate or proposing any adjustment thereto, the
Consultant shall, upon request, submit to the Owner, FHWA, or their
representatives an audited indirect cost rate and supporting cost data in
accordance with the requirements set forth in the current Arkansas Highway &
Transportation Department Indirect Cost Rate Audit Requirements.
3.3.3.During the term of this Agreement, if an audit of a subsequent accounting period of
the Consultant demonstrates that the Consultant has incurred allowable indirect
costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be
adjusted. Any adjustment is subject to the audit and documentation requirements
of the FAR and the current Arkansas Highway & Transportation Department Indirect
Cost Rate Audit Requirements. Except in the case of a provisional Indirect Cost
Rate, as provided in the following subparagraphs, or the disallowance of cost
following a subsequent audit, any adjustment to the Indirect Cost Rate shall be
effective only prospectively from the date that the adjustment is accepted.
3.3.4.In order to expedite some projects, when an audited indirect cost rate has not yet
been submitted and approved, the Owner may extend a temporary waiver and
accept a provisional indirect cost rate. This provisional rate must be reviewed by,
and receive a positive recommendation from the Arkansas Highway and
Transportation Department's Chief Auditor. The provisional cost proposal must be
accompanied by written assurance from an independent CPA that he/she has been
engaged to audit the costs in accordance with the above requirements. The
anticipated audit must be based on costs incurred in the most recently completed
fiscal year for which the cost data is available, with the audit scheduled to begin
within a reasonable time frame. If the date of the initial cost proposal is within the
last quarter of the current fiscal year, the audit may be delayed until the current
fiscal year is closed and the final cost data is available. The written assurance from
the CPA that he or she has been engaged to perform the audit at an appropriate
time is still required.
3.3.5.Once an audited indirect cost rate is approved, the ceiling prices provided for in the
initial agreement using the provisional indirect cost rate will be adjusted with a
supplemental agreement to implement the resulting increase or decrease from
revising the indirect cost rate, and all amounts paid the consultant prior to receipt
and acceptance of an audited indirect cost rate will be retroactively adjusted for
changes in the indirect cost rate. However, no changes in hours, fixed fees, or
other costs will be allowed as a result of applying the audited indirect cost rate.
3.4. Fees. The justification for the fees and costs is contained in Appendix A. In addition
to reimbursement of the allowable costs as set forth above, the Owner shall pay to the
Consultant a fixed fee of $34,271 for Title I Services. For Title II Services, if applicable,
the Owner shall reimburse the Consultant for allowable direct costs and also pay to the
Consultant an amount determined by multiplying the salary rate of the individual(s)
performing the Title II Services, as shown on the Schedule of Salary Ranges, by the
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Title II Multiplier. The Title II Multiplier shall account for all fees and indirect costs
associated with Title II services.
3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and
payment of the fees shall be made as follows, unless modified by the written agreement
of both parties:
3.5.1.Not more often than once per month, the Consultant shall submit to the Owner, in
such form and detail as the Owner may require, an invoice or voucher supported by
a statement of the claimed allowable costs for performing this Agreement, and
estimates of the amount and value of the work accomplished under this Agreement.
The invoices for costs and estimates for fees shall be supported by any data
requested by the Owner.
3.5.2.In making estimates for fee purposes, such estimates shall include only the amount
and value of the work accomplished and performed by the Consultant under this
Agreement which meets the standards of quality established under this Agreement.
The Consultant shall submit with the estimates any supporting data required by the
Owner. At a minimum, the supporting data shall include a progress report in the
form and number required by the Owner.
3.5.3.Upon approval of the estimate by the Owner, payment upon properly executed
vouchers shall be made to the Consultant, as soon as practicable, of 100 percent of
the allowed costs, and of 90 percent of the approved amount of the estimated fee,
less all previous payments. Notwithstanding any other provision of this Agreement,
only costs and fees determined to be allowable by the Owner in accordance with
subpart 31.2 of the Federal Acquisition Regulations (FAR) in effect on the date of
this Agreement and under the terms of this Agreement shall be reimbursed or paid.
3.5.4.Before final payment under the Agreement, and as a condition precedent thereto,
the Consultant shall execute and deliver to the Owner a release of all claims which
are known or reasonably could have been known to exist against the Owner arising
under or by virtue of this Agreement, other than any claims that are specifically
excepted by the Consultant from the operation of the release in amounts stated in
the release.
3.6. Title I Services, Title ll Services, and Contract Ceiling Prices. The parties agree that
aggregate payments under this Agreement, including all costs and fees, shall not
exceed the Contract Ceiling Price. The parties further agree that aggregate payments
for Title I services under this Agreement, including all costs and fees, shall not exceed
the Title I Services Ceiling Price; and that aggregate payments for Title II services under
this Agreement, including all costs and fees, shall not exceed the Title 11 Services Ceiling
Price. No adjustment of the Indirect Cost Rate or the Title II Multiplier, claim, or dispute
shall affect the limits imposed by these ceiling prices. No payment of costs or fees shall
be made above these ceiling prices unless the Agreement is modified in writing.
3.7. Final payment.
3.7.1.The Consultant shall submit a completion invoice or voucher, designated as such,
promptly upon completion of the work, but no later than forty-five (45) days (or
longer, as the Owner may approve in writing) after the completion date. Upon
approval of the completion invoice or voucher, and upon the Consultant's
compliance with all terms of this Agreement, the Owner shall promptly pay any
balance of allowable costs and any retainage owed to the Consultant. After the
release of said retainage Consultant agrees that it will continue to provide
consultation services to the Owner as needed through supplemental agreement(s)
C:
with respect to the contracted services under this Agreement until all work is
completed under both Title I and Title II.
3.7.2.The Consultant shall pay to the Owner any refunds, rebates, credits, or other
amounts (including interest, if any) accruing to or received by the Consultant or any
assignee under this Agreement, to the extent that those amounts are properly
allocable to costs for which the Consultant has been reimbursed by the Owner.
Reasonable expenses incurred by the Consultant for securing refunds, rebates,
credits, or other amounts shall be allowable costs if approved by the Owner. Before
final payment under this Agreement, the Consultant and each assignee whose
assignment is in effect at the time of final payment shall execute and deliver —
An assignment to the Owner, in form and substance satisfactory to the Owner, of
refunds, rebates, credits, or other amounts (including interest, if any) properly
allocable to costs for which the Consultant has been reimbursed by the Owner
under this Agreement; and,
• A release discharging the Owner, its officers, agents, and employees from all
liabilities, obligations, and claims which were known or could reasonably have
been known to exist arising out of or under this Agreement.
3.8. Owner's Right to Withhold Payment. The Owner may withhold payment to such
extent as it deems necessary as a result of. (1) third party claims arising out of the
services of the Consultant and made against the Owner; (2) evidence of fraud, over-
billing, or overpayment; (3) inclusion of non -allowable costs; (4) failure to make prompt
payments to subcontractors in the time provided by this Agreement; (5) payment
requests received including fees for unapproved subcontractors; and/or (6) the
Consultant's default or unsatisfactory performance of services. The withholding of
payment under this provision shall in no way relieve the Consultant of its obligation to
continue to perform its services under this Agreement.
4. DISALLOWANCE OF COSTS
4.1. Notwithstanding any other clause of this Agreement, the Owner may at any time
issue to the Consultant a written notice of intent to disallow specified costs incurred or
planned for incurrence under this Agreement that have been determined not to be
allowable under the contract terms.
4.2. Failure to issue a notice under this Section shall not affect the Owner's rights to take
exception to incurred costs.
4.3. If a subsequent audit reveals that: (1) items not properly reimbursable have, in fact,
been reimbursed as direct costs; or (2) that the Indirect Cost Rate contains items not
properly reimbursable under the FAR; then, in the case of indirect costs, the Indirect
Cost Rate shall be amended retroactively to reflect the actual allowable indirect costs
incurred, and, in the case of both direct and indirect costs, the Owner may offset, or the
Consultant shall repay to Owner, any overpayment.
5. RECORDS & AUDITS
5.1. Records includes books, documents, accounting procedures and practices, and other
data, regardless of type and regardless of whether such items are in written form, in the
form of computer data, or in any other form.
5.2. Examination. The Consultant shall maintain, and the Owner, AHTD, FHWA, and their
authorized representatives shall have the right to examine and audit all records and
other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have
been incurred or anticipated to be incurred in performance of this Agreement. This right
of examination shall also include examination and audit of any records considered,
relied upon, or relating to the determination of the Indirect Cost Rate or any certification
thereof, including any CPA audit relied upon to establish the rate. This right of
examination shall also include inspection at all reasonable times of the Consultant's
offices and facilities, or parts of them, engaged in performing the Agreement.
5.3. Supporting Data. If the Consultant has been required to submit data in connection
with any action relating to this Agreement, including the negotiation of or pre -negotiation
audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost
reimbursement, request for payment, request for an adjustment, or assertion of a claim,
the Owner, AHTD, FHWA, or their authorized representatives, in order to evaluate the
accuracy, completeness, and accuracy of the data, shall have the right to examine and
audit all of the Consultant's records, including computations and projections, related to—
• The determination or certification of the Indirect Cost Rate, including any
independent CPA audit or certification thereof;
• Any proposal for the Agreement, subcontract, or modification;
• Discussions conducted on the proposal(s), including those related to negotiating;
• Fees or allowable costs under the Agreement, subcontract, or modification;
• Performance of the Agreement, subcontract or modification; or,
• The amount and basis of any claim or dispute.
5.4. Audit. The Owner, AHTD, FHWA, or their authorized representatives, shall have
access to and the right to examine any of the Consultant's records involving transactions
related to this Agreement or a subcontract hereunder.
5.5. Reports. If the Consultant is required to furnish cost, funding, or performance
reports, the Owner, AHTD, FHWA, or their authorized representatives shall have the
right to examine and audit the supporting records and materials, for the purpose of
evaluating (1) the effectiveness of the Consultant's policies and procedures to produce
data compatible with the objectives of these reports and (2) the data reported.
5.6. Availability. The Consultant shall retain and make available at its office at all
reasonable times the records, materials, and other evidence described in this Section
and Section 28, Disputes and Claims, for examination, audit, or reproduction, until five
years after final payment _under this Agreement, or for any longer period required by
statute or by other clauses of this Agreement. In addition-
5.6.1.If this Agreement is completely or partially terminated, the records relating to the
work terminated shall be retained and made available for five years after the
termination; and,
5.6.2.Records relating to any claim or dispute, or to litigation or the settlement of claims
arising under or relating to this Agreement shall be retained and made available
until after any such claims or litigation, including appeals, are finally resolved.
5.7. The Consultant shall insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
6. DESCRIPTION OF THE PROJECT
6.1. The City of Fayetteville has programmed a project for the reconstruction and
relocation of N. Rupple Road from W. Starry Night View to W. Mount Comfort Road,
including a bridge over Hamestring Creek in Fayetteville, Washington County, Arkansas.
6.2. The project generally consists of providing environmental documentation, surveys,
geotechnical studies, hydraulic studies, roadway and bridge design and plans, right of
way plans, and bidding services. Storm drainage systems, relocated utility facilities,
maintenance of traffic and other incidental systems and facilities will be designed and
constructed as necessary.
6.3. The proposed improvements will begin at the northern edge of the Starry Night View
and proceed north approximately 1,700 linear feet to tie into the existing signalized
intersection at Mount Comfort Road and Rupple Road (existing northern leg of
intersection).
7. INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY THE CONSULTANT
7.1. Identification and Analysis of Traffic Demands
7.1.1.Identification of the Current Transportation Demands: In order to identify the
current transportation demands within the study area, the following information will
be collected.
All prior studies conducted within the study area
New traffic counts (peak hour turning movement and 24-hour machine counts)
are expected at the intersection of N. Rupple Road and W. Mount Comfort
Road
Previous traffic data compiled by AHTD or the City of Fayetteville in the study
area
7.9.2.Forecast and Analysis of Future Transportation Demands: The Consultant will
project the 2013 traffic volumes to a 20-year horizon to determine the future "no
build" traffic conditions. The same analysis procedures performed for the 2013 "no
build" will be used for the future "no build" analysis.
7.2. Analysis of Proposed Improvement
7.2. 1. Geometric Analysis: The Consultant will evaluate the proposed improvement to
ensure that the number of lanes provided and length of turn bays is adequate for
the future needs.
7.2.2.Final Report: The Consultant will prepare a letter report containing the results and
conclusions of the study and all necessary support documentation.
7.3. Environmental Documentation
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7.3.1.Garver will prepare an Environmental Assessment (EA) document that will meet
AHTD and FHWA standards in accordance with the National Environmental Policy
Act (NEPA). Garver shall undertake the following:
• Attend the initial project kick-off meeting
• Attend monthly progress meetings and review monthly project management
reports
• Submit monthly project management reports
• Develop Environmental Constraints Mapping and Data Collection for all
reasonable and feasible alternatives (up to three alternative alignments and the
no -build alternative are assumed for estimating purposes)
• Develop the purpose and need for the project
• Complete initial and on -going agency coordination
• Evaluate environmental impacts
• Perform specialist studies for the preferred alternative: Phase I Cultural
Resources Survey, Wetland Delineation, Hazardous Materials database
review, and Noise Analysis
• Organize and participate in one public involvement meeting and up to two
public hearings
• Develop and coordinate approval of an EA and FONSI
7.3.2.Environmental Data Collection — Garver will develop an environmental study area
and collect preliminary environmental data associated with the proposed project.
All reasonable and feasible alternatives (up to three proposed alignment concepts
(build alternatives) and the no -build are assumed for estimating purposes) will be
assessed for the social, economic, and environmental impacts area, including:
• Air Quality
• Community
• Construction Impacts
• Cultural Resources
• Economic
• Endangered Species
• Energy
• Environmental Justice and Title VI
• Fish and Wildlife
• Floodplains
• Forest Service Property
• Hazardous Materials
• Land Use and Land Cover
• Migratory Birds
• Noise Quality
• Protected Waters
• Public Recreation Lands
• Public Drinking Supplies
• Relocatees
• Secondary and Cumulative Impacts
• Section 4(f)/6(f)
• Social
• Terrestrial and Aquatic Communities
• Underground Storage Tanks
• Visual
• Streams
iM
Water Quality
Wetlands
7.3.3.Environmental Constraints Map - All environmental data collected will be
transferred to appropriately scaled aerial photographs to produce a map that
indicates all known environmental sensitive areas and provided to Garver for
avoidance and minimization of impacts. Environmentally sensitive areas should be
provided to Garver for notation on the plans as a restraining condition on the
Contractor, in accordance with Section 107.10 of the Standard Specifications for
Highway Construction. Contract Special Provisions should be developed as
necessary to provide protection for environmental sensitive areas or features and to
provide guidance to the Contractor.
7.3.4.Environmental Assessment - The Engineer will perform social, economic, and
environmental studies for inclusion in the environmental documentation. All
reasonable and feasible alternatives will be analyzed. An alternative analysis will
be completed for documenting environmental impacts associated with the proposed
alternatives. The goal is to provide the documentation necessary to obtain FHWA
approval of an Environmental Assessment (EA) document and Finding of No
Significant Impact (FONSI). The work to be performed shall consist of preparing an
EA document based on the NEPA process for the proposed project in accordance
with AHTD and FHWA policies and procedures. It is anticipated that minimal
additional right-of-way is required. The objectives of this task are: (1) to describe
the existing social, economic and physical conditions within the corridor; (2) to
identify and evaluate the short-term and long-term impacts of the proposed
improvements; and (3) to identify and recommend minimization and/or mitigation
measures to be incorporated in the design and/or operation plan for the project.
7.3.5.Cultural Resources and Historic Properties — Garver will perform a Phase I cultural
resources survey based on state records research and an on -site survey. Develop
a cultural resources report documenting the results of cultural resources survey for
archaeological and historic properties within the project area. The survey will
identify all resources aged 45 years of age or older and provide an evaluation of
eligibility for inclusion to the NRHP. All work under this task shall be completed in
accordance with the Arkansas State Plan and customary AHTD guidelines and
format.
7.3.6.Tribal Letters - Coordinate with FHWA through AHTD for tribal consultation and
correspondence. Garver will prepare tribal letters per the AHTD letter template for
submittal to FHWA through AHTD.
7.3.7.Field Surveys - The surveys will provide sufficient information (i.e., a Phase I survey
and report) to allow the SHPO to make a determination of effect regarding the
project.
7.3.8.Biological Investigations Garver will conduct wetland surveys and delineations to
determine the limits of all jurisdictional waters of the United States and potential
jurisdictional wetlands within the project limits. The area of project impact to
jurisdictional waters, including wetlands and streams, will be determined to permit
the project under Section 404 of the Clean Water Act. Wetlands will be delineated
using the Supplement to the Corps of Engineers Wetlands Delineation Manual:
Eastern Mountains and Piedmont Region Version 2.0. Stream impacts should be
determined by the Little Rock District USACE Stream Method. Garver will contact
the U.S. Fish and Wildlife (USFWS) to ensure all state and federally listed
threatened and endangered species of concern are identified, as well as their
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habitat areas, to avoid/minimize impacts. This coordination will assist in providing
guidelines from these agencies on existence, habitat and mitigation. If suitable
habitat for any listed threatened or endangered species is encountered within
potential location alternatives, it may be necessary to survey for the species.
Presence and absence surveys for any listed threatened or endangered species
are not included as a part of this scope.
7.3.9.Hazardous/Regulated Materials - Garver shall conduct a literature and database
review and a visual survey to identify potential hazardous/regulated material sites in
the vicinity of the proposed project. The results of this effort shall be documented in
the EA. The work will include:
• Overview and Summary of Hazardous Materials Sites within Study Area- This
initial screening will include a review and evaluation of applicable state and
federal regulatory agency databases.
• Identification of Sites of Concern - A review and evaluation of the following list
will be performed for the reasonable and feasible alternatives. CERCLA,
NPL, RCRA, RST, LRST, State Superfund, city/county Solid Waste Landfills.
• Visual survey of study area.
7.3.10. Other Environmental Studies, Analyses and Investigations — Garver will ensure
all environmental commitments and regulatory requirements are incorporated into
project plans and contracts by use of plan sheet notes, general notes and special
provisions. Garver shall conduct all other environmental studies, analyses and
investigations in accordance with FHWA/AHTD requirements for a EA for a
transportation improvement project. The other environmental studies, analyses, and
investigations may include the following: Air quality, noise quality, hazardous
materials, wetlands and stream impacts, water quality, including public drinking
supplies, farmland impacts, land use and land cover, terrestrial and aquatic
communities, endangered and threatened species, economic, community,
environmental justice and Title VI, recreational areas, archeological and historic
sites, visual, and Section 4(f) and 6(f) properties.
Section 4(o De minimis Evaluation — Garver will prepare a Section 4(f) De
minimus determination for inclusion as an appendix to the EA.
Noise Analysis — Garver will perform a noise study that will include up to three
field measurements, identification of sensitive receptors, modeling of the
preferred alternative, and report development. The Traffic Noise Model
(TNM) 2.5 software will be used to model existing and future traffic noise
levels for the preferred alternative. The noise analysis report will include
noise levels, distances of receivers from the roadway, estimated noise
impacts and recommendations for conducting a noise barrier analysis (if
required). The noise analysis shall be conducted according to 23 CFR Part
771. A noise barrier analysis is not included in this scope of work.
7.3.11. Public Involvement Meeting - Garver will plan, coordinate, participate in, and
assist the City of Fayetteville in conducting one Public Involvement Meeting near
the project area. Garver will identify the logistics involved in selecting the meeting
site with the City of Fayetteville. The City of Fayetteville will subsequently
secure/reserve and pay any rental costs for such site and any necessary
equipment. The work will include:
■ Garver will prepare and submit notice of public involvement meeting to the City
of Fayetteville and AHTD for review and approval. City of Fayetteville will
place the approved notice in a local newspaper in accordance with AHTD
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polices and requirements and will be responsible for payment of the publication
of legal notices and ads.
Garver will prepare public involvement displays, sign -in sheets, comment
sheets, and other materials for the Public Involvement Meeting as necessary.
Garver will provide adequate numbers of handouts and displays for the public
involvement meeting and will provide four (4) personnel to support the Public
Involvement Meeting by being prepared to answer questions and explain all
concepts of the proposed project.
■ As directed by the City of Fayetteville, Garver will compile a Project Mailing List
database from the City of Fayetteville and update as necessary. Garver will
develop and maintain the Project Mailing List database of names/addresses to
be utilized in distributing the Public Meeting notice. Persons attending the
Public Meeting will be added to the database when requested by the same.
■ Garver will compile comments received at the Public Meeting and document
the same in the form of a synopsis that will include comments cards, letters,
attendance sheets, summary of input, etc. This will include photographs or
copies of informational displays, handouts, etc.
7.3.12. Public Hearing — Garver will plan, coordinate, participate in, and assist the City of
Fayetteville in conducting up to two Public Hearings near the project area. Garver
shall identify the logistics involved in selecting the meeting site with the City and
shall subsequently secure/reserve such site and any necessary equipment. The
work will include:
■ Submitting notice of public hearing to the City and AHTD for review and
approval. City will place the approved notice in a local newspaper in
accordance with AHTD policies and requirements and will be responsible for
payment of the publication of legal notices and ads.
■ Garver will prepare presentations, displays, sign -in sheets, comment sheets,
and other materials for the Public Hearing as necessary. Garver will provide
adequate numbers of handouts and displays for the Public Hearing and will
provide four (4) personnel to support the meeting by being prepared to answer
questions and explain all concepts of the proposed project.
■ The City will provide a court reporter to transcribe oral comments.
■ Garver will compile comments received at the Public Hearing and document
the same in the form of a synopsis that will include the hearing transcript,
comments cards, letters, attendance sheets, summary of input, response to
public comments, etc. This will include photographs or copies of informational
displays, handouts, etc.
7.3.13. Prepare Environmental Assessment Document - A draft EA will be prepared and
submitted electronically to the City of Fayetteville and AHTD for review and
comment. Any necessary revisions to the draft EA will be incorporated. Submit
final draft to the City of Fayetteville and AHTD for FHWA approval. All work on the
project shall conform to the applicable requirements of the AHTD/FHWA as defined
at the time of the notice to proceed. Garver will provide designated number of
copies of environmental document after FHWA approval and distribute as directed.
An electronic copy of the approved environmental document in pdf format will be
provided to the City of Fayetteville and AHTD. The approved EA will be made
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available to the public and an opportunity for a public hearing will be posted in a
legal ad by the City at a minimum.
7.3.14. Finding of No Significant Impact (FONSI) — After the required public comment
period, Garver will work with the City to respond to any public comments and make
any necessary changes to the project. Garver shall prepare a FONSI request that
will designate the preferred alternative based on review of the public hearing
synopsis and information documented in the EA. After internal review and
approval, the FONSI will be submitted to AHTD for review and approval before
being submitted by AHTD to FHWA for signature. Garver will address comments
received from the City, AHTD, and FHWA on the FONSI request and submit the
designated number of copies of the final document, appendices and electronic
copies of all information.
7.3.15. Environmental Permitting — Garver shall coordinate with the Arkansas
Department of Environmental Quality (ADEQ) for development of a Storm Water
Pollution Prevention Plan (SWPPP) that incorporates required measures that may
be specified by the USFWS and/or ADEQ.
Garver will obtain the issuance of a Short Term Activity Authorization (STAA) from
ADEQ.
Garver will prepare a Section 404 permitting package and coordinate authorization
under Nationwide Permits (NWP) as administered by the US Army Corps of
Engineers (USACE).
7.3.16. Environmental Services Exclusions - This Scope of Services does not include the
preparation of an individual or programmatic Section 4(f) Evaluation (required for
impacts to parkland, recreation land, historic sites), right -of -entries, formal or
informal Section 7 consultation with the USFWS biological assessment/biological
evaluation (associated with endangered species/habitat impacts), USACE Section
10 permit, USACE Section 404 Individual Permit, USACE field verification,
adjustment of staked boundaries subsequent of a USACE field verification visit,
Arkansas Department of Environmental Quality (ADEQ) Section 401 Tier II
permitting, any mitigation designs or plans associated with Section 404 permitting.
If any of these services are necessary, a supplemental agreement establishing the
scope and fee for services will be developed.
7.4. Topographic and Utility Surveys — Garver will perform topographical and utility
surveys to identify all existing features along the preferred alignment. Garver will
subcontract with ARKUPS for marking underground utilities and will pass the direct cost
from ARKUPS to the City of Fayetteville. Garver will survey the locations marked by
ARKUPS and the utility owners. Garver will not be responsible for the completeness or
accuracy of the markings made by ARKUPS or utility owners, nor will Garver be liable
for costs incurred by the City of Fayetteville due to incomplete or inaccurate utility
markings. AHTD Surveying procedures will not be required. The services performed
shall be consistent with the Arkansas minimum standards and in compliance with
Arkansas laws and regulations governing the practice of Land Surveyors and with all
Federal, State and Local laws, regulations and ordinance applicable to the work.
7.5. Property Surveys — Garver will perform property surveys along the preferred
alignment. Garver will subcontract with an abstractor to provide property record
research along the alignment, including copies of recorded plats, legal descriptions for
unplatted tracts, easements and right of way information, and will pass the direct cost
from the abstractor to the City of Fayetteville. Garver will perform field surveys to
determine existing monumentation and establish land lines, ownership lines, rights of
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way, and easements. Garver will stake proposed right of way and easements at
intervals which will provide intervisible points for appraisal and acquisition purposes.
Larger tracts will be staked at property lines and at intervisible points. Garver will
monument right of way for construction purposes after the Right -of -Way Plans have
been approved by the AHTD. Garver will prepare and file final survey plats for the
acquired properties. Property surveys and related work shall conform to the current
Arkansas Minimum Standards for Property Boundary Surveys and Plats and be under
the direct supervision of a registered Professional Surveyor (PS) licensed in the State of
Arkansas. AHTD Surveying procedures will not be required.
7.6. Geotechnical - Provide geotechnical investigations for analysis and design of bridge
foundations, embankments, retaining walls, roadway subgrade, and pavement structure.
A detailed description of this scope of services is provided in the subconsultant contract
with Grubbs, Hoskyn, Barton & Wyatt.
7.7. Design Criteria - The design criteria to be used in the design of the project will be
prepared and submitted to the City of Fayetteville and AHTD. Garver will develop
design criteria that include AHTD Plan Development Guidelines, AHTD Interoffice
Memorandums, AASHTO requirements, and the City of Fayetteville Master Street Plan
components. Specific criteria for horizontal curvature will be tailored to the requirements
of the design speed. After submittal and approval by the City and AHTD, the design
criteria will be distributed to all team members for inclusion in the project quality control
plan to ensure that all project requirements are met
7.8. Roadway Design and Plans
7.8.1.Garver will provide roadway design services for the realignment of Rupple Road.
The roadway man-hour estimate is based upon a 13 point review by AHTD.
7.8.2.Conceptual Design: Conceptual alternatives will be developed for improvements of
the road along the existing alignment and one alternative realignment option for
inclusion in the environmental documentation. Basic plan view graphics with
approximate impacts will be developed for each alternative.
7.8.3.30% Plans: Conceptual plans and an opinion of probable costs shall be submitted
at the 30% level for city approval of the geometric design, grades with vertical curve
data, outline of proposed bridge showing length and width, limits of construction,
existing property lines and right of way, floodway and floodplain limits, and
topographical survey. The plans will incorporate the city standards and guidelines
where appropriate.
7.8.4.50% Plans: Garver will provide an opinion of probable costs, roadway plan sheets
for 50% review to the City of Fayetteville and AHTD and attend the preliminary field
inspection. The roadway plans shall include the following:
• Title sheet
• Typical sections of improvement as defined in Appendix I of the
AHTD Roadway Design Plan Development Guidelines
• Special details as needed
• Roadway plan sheets showing:
Roadway grades for main lanes, crossing roads, and driveways
Alignment data for main lanes and crossing roads
Tentative construction limits
Right of way, permanent and temporary construction easements
All roadway/roadside features within the right of way
15
Drainage structures
Bridge layout with end stationing
Soil boring station and locations
• Maintenance of traffic conceptual plans with a sequence of
construction to complete major phases of the project. It will clearly
identify barricades to be placed, striping to be removed and placed
prior to diversion of traffic, possible detour routes and the stages
required to maintain traffic during construction. These details will
supplement AHTD standard drawings TC-1, TC-2, TC-3, TC-4,
and TC-5.
• Cross sections at a 1:1 scale as defined in the AHTD Roadway
Design Plan Development Guidelines including sections at bridge
ends, tapers, nose points, auxiliary lanes and pipes/culverts.
• Water and Sewer facilities relocations based on findings from the
30% design phase.
• Survey control detail sheets of the survey baseline and design
centerline with control point data in accordance with the standards
used by the Roadway Design Division of AHTD
• Signing and Permanent Pavement Marking Details in accordance
with the MUTCD, AHTD and federal regulations, laws and policies.
These details will supplement AHTD standard drawings PM-1 and
PM-2.
• Culvert Diagrams
• Erosion Control Plans showing temporary and permanent
measures.
• Location of any retaining walls as required
• Perform alterations necessary to respond to comments from the
preliminary field inspection
7.8.5.Pavement Design: The pavement design alternatives for the proposed pavement
will be prepared according to the requirements of the AHTD Roadway Design Plan
Development Guidelines using AASHTO design procedures. The recommended
pavement design will be submitted to the City and AHTD for approval.
7.8.6.Public Meeting: Garver shall prepare all design related displays to be used at the
public meeting when needed. This would include, but not be limited to plans of the
proposed route illustrating the proposed horizontal and vertical alignments complete
with all bridge structure. All proposed and existing right of way requirements,
including easements, shall be included on this display. Garver shall assist the City
of Fayetteville at the meeting by being prepared to answer and explain all concepts
of the proposed design. Garver shall also be responsible for developing a written
transcript of the public comments and provide written responses to each comment.
This written transcript shall be furnished to the City of Fayetteville for the completion
of the project certification.
7.8.7.90% Plans: Garver will provide 90% roadway plan sheets for review and final field
inspection. All roadway design shall be complete, and all drawings shall be
thoroughly checked by Garver prior to submittal. Garver will provide the
construction plans for the project for one construction contract. The 90% plans
shall include everything included in the 50% submittal, along with the following
items of work:
Provide quantities
Project Manual including front-end documents, supplemental
specifications, and special provisions.
Transportation Management Plan
m
Provide a construction cost estimate
Attend final field inspection
Make plan changes resulting from the 50% review and final field
inspection
7.8.8.100% Plans: Garver will provide final signed and sealed plans after all revisions
have been incorporated into the 90% plans.
7.9. Bridge Design and Plans
7.9.1.Hydrology & Hydraulics: Provide "Certification of No Rise" for the proposed bridge
crossing to the City of Fayetteville for review and approval by the City Flood Plain
Administer. An existing flood study in HEC-RAS format will be provided by the City
of Fayetteville which will be updated by Garver to include the proposed bridge and
roadway.
7.9.2.30% Submittal. Based on the required clear span length of the proposed bridge,
and considering cost & long term maintenance of this structure, Garver shall
compare at least two different bridge design alternatives and make a
recommendation to the City of Fayetteville.
7.9.3.50% Submittal: Garver will provide an opinion of probable costs, bridge layout
sheets for 50% review to the City of Fayetteville and AHTD after 30% roadway
plans have been reviewed and approved by the City of Fayetteville and AHTD. The
bridge plans shall include the following:
• Topography
• Scour Assessment
• Hydraulic Data at stream crossings shown in table form. The
effects of the design flood, 100 and 500 year floods, and
overtopping floods shall be included in the table. If the overtopping
flood is less than the design flood, the effects of the future roadway
embankments will also be determined and included in the table.
Scour countermeasures will be shown.
• Bridge type, length, width, and span lengths
• Design, construction, and material specifications
• Bridge foundation type including estimated number and size of
columns, pile sizes and lengths
• Schematic cross-section sketches of superstructure, showing deck
thickness, girder type, size, and spacing, and stage construction
sequencing
7.9.4.90% Submittal.- Garver will perform bridge design calculations based on the
approved layout with any staged construction sequence including:
• Seismic analysis, if necessary
• Foundations and pile lengths
• Substructure
• Superstructure
• Elastomeric bearings
• Bridge expansion joints
Garver will provide complete bridge detail drawings to include end bents,
intermediate bents, piles, bearings, superstructure, expansion joints, parapets,
retaining walls, approach slabs, approach gutters, bridge quantity sheets, and
special provisions. Each detail drawing will be fully checked and signed by a
checking engineer. When different detail checking engineers are used for the
IiV
same bridge or for different bridges, compatibility of details between bridge
components and consistency between different bridges shall be carefully checked
and confirmed by Garver prior to submittal to the City of Fayetteville and AHTD.
Garver will provide calculated bridge quantities and grouped by bridge component
and item number. The quantities will be calculated in accordance with the current
edition of the AHTD "Standard Specifications for Highway Construction" and
reported to the accuracy indicated on the January 19, 1997 memorandum entitled
"Limits to Show on Bridge Quantity Sheets".
7.9.5.100% Submittal. Garver will provide final signed and sealed plans after all revisions
have been incorporated into the 90% plans. Garver will provide hydraulic
certification.
7.10. Permit Submittals — Garver will prepare a SWPPP containing all the necessary data
required to obtain a SWPPP permit for the project, including the AHTD, ADEQ and City
of Fayetteville typical details. A Short Term Activity Authorization (STAA) will be
submitted to ADEQ for approval and a Section 404 Nationwide Permit will be submitted
to the USACE.
7.11. Utility Company Coordination — Garver will coordinate the project design with
franchise utility companies' relocations and/or new locations to assure adequate space
for all facilities and timely relocations.
7.12. Bidding Phase Services
7.12.1. During the bidding phase of the project, Garver will:
• Prepare Advertisement for Bids and submit to the City of
Fayetteville for issuance to newspaper(s). City of Fayetteville to
pay advertising costs outside of this agreement.
• Dispense construction contract documents to prospective bidders
at the approximate cost of reproduction and handling.
• Answer questions from contractors during bid phase
• Issue addenda
• Attend pre -bid meeting, if necessary
• Attend Bid Opening
• Review and certify bids for construction
• Prepare Bid Tabulations
• Prepare Construction Contract
• Issue letter of recommendation for acceptance of bid
8. SERVICES TO BE PROVIDED BY THE CITY OF FAYETTEVILLE AND AHTD
8.1. City of Fayetteville
8. 1. 1. Coordinate review of construction plans and specifications, award of construction
contract, and construction contract change orders with AHTD.
8.1.2.Right-of-way and easement acquisition
8.1.3.Conduct the necessary public involvement meeting and public hearings
8.1.4.Available aerial and mapping data
8.1.5.Advertisements for public meetings and construction bidding
8.2. AHTD
8.2.1.Provide sample environmental clearance documents
8.2.2.Review draft Categorical Exclusion (CE) document
18
8.2.3.Coordinate with FHWA for tribal correspondence and document approvals
8.2.4.Review final environmental documentation prepared by Garver
8.2.5.Review plans and specifications
9. TITLE II SERVICES TO BE PROVIDED BY THE CONSULTANT
Title II Services will be added by supplemental agreement at a later date. At a minimum, the
following services will be provided:
9.1. Provide review and approval of shop drawings and any other supplementary plans or
similar data submitted by the Contractor and requiring approval.
9.2. When requested, provide design related solutions to construction problems and
issues that may arise.
10. COORDINATION WITH OWNER
10.1. Throughout the Project, the Consultant shall hold monthly conferences in
Fayetteville, Arkansas, or such other location as designated by the City, with
representatives of the City and when necessary, representatives from the AHTD and the
FHWA so that as the Project progresses, the Consultant shall have full benefit of the
Owner's knowledge of existing needs and facilities and be consistent with the Owner's
current policies and practices. The extent and character of the work to be done by the
Consultant shall be subject to the general oversight and approval of the Owner.
11. OFFICE LOCATION FOR REVIEW OF WORK
11.1. Review of the work as it progresses and all files and documents produced under this
Agreement may be made by representatives of the City, the AHTD, and the FHWA at
the project office of the Consultant located at 2049 E. Joyce Boulevard, Fayetteville,
Arkansas.
12. ACCESS TO PROPERTY
12.1. Garver's services to the City of Fayetteville may require entry upon private property.
The Owner will present or mail to private landowners a letter of introduction and
explanation, describing the work, which shall be drafted by the Consultant. The
Consultant will make reasonable attempts to notify resident landowners who are obvious
and present when the Consultant is in the field. The Consultant is not expected to
provide detailed contact with individual landowners. The Consultant is not expected to
obtain entry by means other than the consent of the landowner. If the Consultant is
denied entry to private property by the landowner, the Consultant will not enter the
property. If denied entry to the property, the Consultant shall notify the Owner and
advise the Owner of an alternate evaluation method if one is feasible. The Owner shall
decide on the course of action to obtain access to the property.
13. DELIVERABLES
13.1. Environmental
13.1.1. SHPO approved Cultural Resources Report prior to EA (4 copies)
19
13.1.2. Newspaper advertisements and/or Legal Notices in English and Spanish
13.1.3. Public Meeting announcement
13.1.4. Project Mailing List database, updated as necessary in Microsoft Excel
13.1.5. Technical handouts for the Public Meetings(up to 100 hard copies)
13.1.6. Comment forms for the Public Meetings(up to 100 hard copies)
13.1.7. Sign -in Sheets for the Public Meetings(up to 10 hard copies)
13.1.8. Exhibits/displays for the Public Meetings (up to 10 exclusive displays)
13.1.9. Synopsis of Public Hearing(2 copies)
13.1.10. Draft EA submittal to City of Fayetteville in MS Word format for text and pdf
format for figures and attachments(up to 10 copies)
13.1.11. Final EA submittal to City of Fayetteville, the AHTD and the FHWA
13.1.12. FONSI request to City of Fayetteville, the AHTD and the FHWA
13.1.13. Section 404 Nationwide permit application and attachments
13.1.14. SWPPP and permit application
13.1.15. STAA permit application
13.2. Conceptual Design Phase (30%)
13.2.1. Roadway and Bridge Design Criteria
13.2.2. Geotechnical Report for Bridges — Preliminary version
13.2.3. Hydraulic Analysis Report with HEC-RAS model
13.2.4. 30% Complete Roadway Plans(4 copies of half-size plans)
13.2.5. Conceptual Bridge Layout(4 copies of half-size plans)
13.2.6. Opinion of Probable Costs
13.2.7. Electronic files as requested including Adobe Acrobat pdf format of plans and
reports and Excel spreadsheets of Opinion of Probable Costs
13.3. Preliminary Design Phase (50%)
13.3.1. Geotechnical Report for Pavement Design
13.3.2. Geotechnical Report for Bridges — Final Design
13.3.3. Hydraulic and Scour Analysis Report
13.3.4. Preliminary Bridge Layout Drawings(4 copies of half-size plans)
13.3.5. 50% Complete Roadway Plans(4 copies of half-size plans)
13.3.6. 60% Right of Way Strip Map
13.3.7. 90% Right of Way Plans
13.3.8. Warranty deed descriptions
13.3.9. Final Right of Way Plans
13.3.10. Opinion of Probable Costs
13.3.11. Meeting minutes from Coordination Meetings
13.3.12. Electronic files as requested including Adobe Acrobat pdf format of plans and
reports and Excel spreadsheets of Opinion of Probable Costs
13.4. Final Design Phase (90%/100%)
13.4.1. 90% Complete Roadway Design Plans(4 copies of half-size plans)
13.4.2. 90% Complete Bridge Design Drawings(4 copies of half-size plans)
13.4.3. Final half-size Roadway Design Plans signed and sealed by an Arkansas
Registered Professional Engineer
13.4.4. Final half-size Bridge Design Drawings signed and sealed by an Arkansas
Registered Professional Engineer
13.4.5. Final full-size Bridge Design Drawings printed in black ink on quality bond paper
and signed and sealed by an Arkansas Registered Professional Engineer
13.4.6. Provide Special Provisions and complete Project Manual for bidding
13.4.7. Provide Transportation Management Plan, if required
13.4.8. Provide Construction cost estimate
13.4.9. Bridge Design and Quantity Computations(1 copy)
13.4.10. Meeting minutes from Coordination Meetings
20
13.4.11. Electronic files of the project design and plans on a compact disc in
AutoCad/Civil 3D format that is fully indexed (all reference files attached and set
to load automatically). This includes the electronic copies of Roadway and
Bridge submittals. Electronic files of the Project Manual, Special Provisions,
design calculations, drainage report, geotechnical report, cost estimates on a
compact disc in Adobe Acrobat PDF format and in Word and Excel format, as
applicable.
14. SUBCONTRACTING
14.1. Unless expressly disclosed in Appendix B, the Consultant may not subcontract any of
the services to be provided herein without the express written approval of the Owner. All
subcontractors, including those listed in Appendix B, shall be bound by the terms of this
Agreement. All subcontractors shall be subject to all contractual and legal restrictions
concerning payment and determination of allowable costs, and subject to all disclosure
and audit provisions contained herein and in any applicable federal or state law.
14.2. Unless the consent or approval specifically provides otherwise, neither consent by
the Owner to any subcontract nor approval of the Consultant's purchasing system shall
constitute a determination (1) of the acceptability of any subcontract terms or conditions,
(2) of the acceptability of any subcontract price or of any amount paid under any
subcontract, or (3) to relieve the Consultant of any responsibility, obligation, or duty
under this Agreement.
14.3. No subcontract placed under this Agreement shall provide for payment on a cost-
plus -a -percentage -of -cost basis, and any fee payable under cost -reimbursement
subcontracts shall not exceed the fee limitations of the FAR.
14.4. Furthermore, notwithstanding any other provision within this Agreement, no
reimbursement or payment for any markup of the cost of any subcontract shall be
considered by the Owner without the express written agreement of the Owner.
14.5. Prompt Payment. The Consultant shall pay subcontractors for satisfactory
performance of their subcontracts within 30 days of receipt of each payment by the
Owner to the Consultant. Any retainage payments held by the Consultant must be
returned to the subcontractor within 30 days after the subcontractor's work is completed.
Failure to comply with this provision shall be considered a Default by the Consultant. If
the Consultant fails to comply with this provision, in addition to any other rights or
remedies provided under this Agreement, the Owner, at its sole option and discretion,
may:
make payments directly to the subcontractor and offset such payments, along with
any administrative costs incurred by the Owner, against reimbursements or
payments otherwise due the Consultant;
• notify any, sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the Consultant
until the Consultant ensures that the subcontractors have been and will be promptly
paid for work performed.
14.6. The Consultant shall insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
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15. RESPONSIBILITY OF THE CONSULTANT
15.1. Notwithstanding any review, approval, acceptance, or payment by the Owner, the
Consultant shall be responsible for the professional quality, technical accuracy, and the
coordination of all designs, drawings, specifications, and other services furnished by the
Consultant under this Agreement. The Consultant shall, without additional
compensation, correct or revise any errors or deficiencies in its designs, drawings,
specifications, and other services.
15.2. The Consultant shall demonstrate to the Owner the presence and implementation of
quality assurance in the performance of the Consultant's work. The Consultant shall
identify individual(s) responsible, as well as methods used to determine the
completeness and accuracy of drawings, specifications, and cost estimates.
15.3. The Consultant further agrees that in its performance of work under this Agreement,
it shall adhere to the requirements in the Design Standards of the AHTD and FHWA,
which shall be incorporated herein by reference.
15.4.. The Owner shall have the right at any time and in its sole discretion to submit for
review all or any portion of the Consultant's work to consulting engineers engaged by
the Owner for that purpose. The Consultant shall fully cooperate with any such review.
15.5. The Consultant and any subcontractor shall employ qualified and competent
personnel to perform the work under this Agreement.
15.6. Neither the Owner's review, approval, or acceptance of, nor payment for, the services
required under this Agreement shall be construed to operate as a waiver of any rights
under this Agreement, or of any cause of action arising out of the performance of this
Agreement. The Consultant shall be and remain liable to the Owner for all damages to
the Owner caused by the Consultant's negligent performance of any of the services
furnished under this Agreement.
15.7. The rights and remedies of the Owner provided under this Agreement are in addition
to any other rights and remedies provided by law.
15.8. If the Consultant is comprised of more than one legal entity, each such entity shall be
jointly and severally liable hereunder.
16. WARRANTY OF SERVICES
16.1. Definitions. Acceptance, as used in this Agreement, means the act of an authorized
representative of the Owner by which the Owner approves specific services, as partial or
complete performance of the Agreement. Correction, as used in this Agreement, means
the elimination of a defect.
16.2. Notwithstanding inspection and acceptance by the Owner or any provision
concerning the conclusiveness thereof, the Consultant warrants that all services
performed and work product under this Agreement will, at the time of acceptance, be
free from defects in workmanship and conform to the requirements of this Agreement.
16.3. If the Consultant is required to correct or re -perform, it shall be at no cost to the
Owner, and any services corrected or re -performed by the Consultant shall be subject to
this Section to the same extent as work initially performed. If the Consultant fails or
refuses to correct or re -perform, the Owner may, by contract or otherwise, correct or
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replace with similar services and charge to the Consultant the cost occasioned to the
Owner thereby, or make an equitable adjustment in the Contract Price.
16.4. If the Owner does not require correction or re -performance, the Owner shall make an
equitable adjustment in the Contract Price.
16.5. Nothing within this Section shall constitute a waiver or exclusion of any other right or
remedy that the Owner may possess at law or under this Agreement.
17. TERM COMMENCEMENT AND COMPLETION
17.1. This Agreement shall commence on the effective date set forth above and remain in
effect until the completion of the Consultant's Scope of Services, as defined herein, to
be completed within a period of 16 months not including bidding, unless agency
review times exceed the projected time periods or unless the time is extended or
terminated by the Owner in accordance with this Agreement.
17.2. The Consultant shall begin work under the terms of this Agreement within ten (10)
days of receiving written notice to proceed. [If services are to be performed in
subsequent phases, then each phase shall be commenced upon the Owner's approval
of the previous phase. The Consultant shall not be entitled to any compensation or
reimbursement for services performed in a phase unless and until it has received
approval from the Owner to proceed with such services.]
17.3. It is further agreed that time is of the essence in performance of this Agreement. The
Consultant shall complete the work, or each phase, as scheduled, and the Owner shall
provide any required approval of the work or phase meeting the requirements contained
herein in a reasonable and timely manner. The project schedule for this project has
been included in Appendix D.
18. TERMINATION
18.1. The Owner may terminate this Agreement in whole or, from time to time, in part, for
the Owner's convenience or because of the Default of the Consultant.
18.2. The Owner shall terminate this Agreement by delivering to the Consultant written
notice of the termination.
18.3. Upon receipt of the notice, the Consultant shall:
• Immediately discontinue all services affected (unless the notice directs otherwise).
• Deliver to the Owner all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this
Agreement, whether completed or in process.
• Terminate all subcontracts to the extent they relate to the work terminated.
• In the sole discretion and option of the Owner, and if and only if requested to do so,
assign to the Owner all right, title, and interest of the Consultant under the
subcontracts terminated, in which case the Owner shall have the right to settle any
claim or dispute arising out of those subcontracts without waiver of any right or claim
the Owner may possess against the Consultant.
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• With approval or ratification by the Owner, settle all outstanding liabilities arising from
the termination of subcontracts, the cost of which would be allowable in whole or in
part, under this Agreement.
• Complete performance of any work not terminated.
• Take any action that may be necessary, or that the Owner may direct, for the
protection and preservation of the property related to this Agreement which is in the
possession of the Consultant and in which the Owner has or may acquire an interest.
18.4. If the termination is for the convenience of the Owner, the Owner shall make an
equitable adjustment in the Contract Price, subject to the Ceiling Prices and Funding
Limitations provisions, but shall allow no anticipated fee or profit on unperformed
services.
18.5. If the termination is for the Consultant's Default, the Owner may complete the work
by contract or otherwise and the Consultant shall be liable for any reasonable and
necessary additional cost incurred by the Owner to the extent caused by Consultant's
default.
18.6. Disputes and claims arising from termination of this Agreement shall be governed by
Section 28, Disputes and Claims (48 CFR 31.205-42(e)(2)).
18.7. The rights and remedies of the Owner provided in this Section are in addition to any
other rights and remedies provided by law or under this Agreement, and shall not
constitute a waiver of any other such right or remedy.
19. STOP WORK ORDERS
19.1. The Owner may, at any time, by written order to the Consultant, require the
Consultant to stop all, or any part, of the work called for by this Agreement for a period
of up to 90 days after the order is delivered to the Consultant, and for any further period
to which the parties may agree. Upon receipt of the order, the Consultant shall
immediately comply with its terms and take all reasonable steps to minimize the
incurrence of costs allocable to the work covered by the order during the period of work
stoppage. Within a period of 90 days after a stop work order is delivered to the
Consultant, or within any extension of that period to which the parties shall have agreed,
the Owner shall either-
19.1.1. Cancel the stop work order; or
19.1.2. Terminate the work pursuant to Section 18, Termination.
19.2. If a stop work order issued under this Section is canceled or the period of the order or
any extension thereof expires, the Consultant shall resume work. The Owner shall
make an equitable adjustment in the delivery schedule or Contract Price, or both, and
the Agreement shall be modified in writing accordingly, if —
The stop work order was not issued because of Consultant's Default in its
performance of its obligations under any part of this Agreement; and,
The stop work order results in an increase in the time required for, or in the
Consultant's cost properly allocable to, the performance of any part of this
Agreement; and,
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• The Consultant provides Notice of Potential Claim pursuant to Section 28, Disputes
and Claims.
20. CHANGES
20.1. The Owner may at any time, by written order, and without notice to the sureties, if
any, make changes within the general scope of this Agreement, including but not limited
to: (1) drawings, designs, or specifications; (2) time of performance (i.e., hours of the
day, days of the week, etc.); and (3) places of inspection, delivery, or acceptance.
20.2. If any such change causes an increase or decrease in the cost of, or the time
required for, performance of any part of the work under this Agreement, whether or not
changed by the order, the Owner shall make an equitable adjustment in the (1)
estimated cost, delivery or completion schedule, or both; (2) amount of any fee; and (3)
other affected terms.
20.3. All claims and disputes shall be governed by the Section 28, Claims and Disputes.
As provided in Section 28, the Consultant must provide written notice of its intention to
make a claim for additional compensation before beginning the work on which the claim
is based. If such notice is not given, the Consultant hereby agrees to waive any claim
for such additional compensation.
20.4. Failure to agree to any adjustment shall be a dispute under Section 28, Disputes and
Claims. However, nothing in this Section or any other provision of this Agreement shall
excuse the Consultant from proceeding with the Agreement as changed.
21. OWNERSHIP OF DOCUMENTS & DATA
21.1. All project documents and data, regardless of form and including but not limited to
original drawings, disks of CADD drawings, cross -sections, estimates, files, field notes,
and data, shall be the property of the Owner. The Consultant shall further provide all
documents and data to the Owner upon the Owner's request. The Consultant may
retain reproduced copies of drawings and other documents. In the event that any patent
rights or copyrights are created in any of the documents, data compilations, or any other
work product, the Owner shall have an irrevocable license to use such documents, or
data compilations, or work product.
22. PATENT AND COPYRIGHT INFRINGEMENT
22.1. The Consultant shall report to the Owner, promptly and in reasonable written detail,
each notice or claim of patent or copyright infringement based on the performance of
this Agreement of which the Consultant has knowledge.
22.2. In the event of any claim or suit against the Owner on account of any alleged patent
or copyright infringement arising out of the performance of this Agreement or out of the
use of any supplies furnished or work or services performed under this Agreement, the
Consultant shall furnish to the Owner, when requested by the Owner, all evidence and
information in possession of the Consultant pertaining to such suit or claim. Such
evidence and information shall be furnished at the expense of the Consultant.
22.3. The Consultant agrees to include, and require inclusion of, the provisions of this
Section in all subcontracts at any tier for supplies or services.
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22.4. The Consultant shall indemnify the Owner and its officers, agents, and employees
against liability, including costs and attorneys' fees, for infringement of any United States
patent or copyright arising from the manufacture or delivery of supplies, the performance
of services, or the construction, alteration, modification, or repair of real property under
this Agreement, or out of the use or disposal by or for the account of the Owner of such
supplies or construction work.
22.5. This indemnity shall not apply unless the Consultant shall have been informed within
ten (10) business days following the Owner's receipt of legal notice of any suit alleging
such infringement and shall have been given such opportunity as is afforded by
applicable laws, rules, or regulations to participate in its defense. Further, this indemnity
shall not apply to (1) an infringement resulting from compliance with specific written
instructions of the Owner directing a change in the supplies to be delivered or in the
materials or equipment to be used, or directing a manner of performance of the
Agreement not normally used by the Consultant, (2) an infringement resulting from
addition to or change in supplies or components furnished or construction work
performed that was made subsequent to delivery or performance, or (3) a claimed
infringement that is unreasonably settled without the consent of the Consultant, unless
required by final decree of a court of competent jurisdiction.
23. BANKRUPTCY
23.1. In the event the Consultant enters into proceedings relating to bankruptcy, whether
voluntary or involuntary, the Consultant agrees to furnish, by certified mail, written notice
of the bankruptcy to the Owner. This notice shall be furnished within five days of the
initiation of the proceedings relating to bankruptcy filing. This notice shall include the
date on which the bankruptcy petition was filed, the identity of the court in which the
bankruptcy petition was filed, and a listing of AHTD job numbers and FAP numbers for
all contracts with Owner against which final payment has not been made. This obligation
remains in effect until final payment under this Agreement.
24. FUNDING LIMITATIONS
24.1. The Owner's obligations under this Agreement are contingent upon the availability of
appropriated funds from which payments under the terms of this Agreement can be
made in this and each subsequent fiscal year for the duration of the Agreement. No
legal liability on the part of the Owner of any kind whatsoever under this Agreement shall
arise until funds are made available to the Owner for performance of this Agreement,
including those to be appropriated and provided by the State of Arkansas and those to
be provided by the United States.
25. SUCCESSORS AND ASSIGNS
25.1. This Agreement shall be binding upon the parties and their successors and assigns,
and except as expressly set forth herein, neither the Owner nor the Consultant may
assign, delegate, or transfer any benefit or obligation under this Agreement without the
express written consent of the other party. Nothing herein shall be construed as a
waiver of any immunity or as creating any personal liability on the part of any officer or
agent of the Owner or any other governmental entity either made a party to, or having
any interest in, this Agreement.
26. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY
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26.1. Indemnity. The Consultant shall hold harmless and indemnify the City of Fayetteville
and the AHTD, their officers, employees, and agents, from and for all claims and
liabilities stemming from any wrongful (whether negligent, reckless, or intentional) acts or
omissions on the part of the Consultant and its subcontractors, and their agents and
employees.
26.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or
representative of the Owner or the AHTD shall be liable to the Consultant in a personal
or individual capacity under any term of this Agreement, because of any breach thereof,
or for any act or omission in its execution or performance.
26.3. Independent Contractor Relationship. The parties intend that the Consultant shall be
an independent contractor of the Owner and that the Consultant shall be liable for any
act or omission of the Consultant or its agents, employees, or subcontractors arising
under or occurring during the performance of this Agreement. No act or direction of the
Owner shall be deemed to be an exercise of supervision or control of the Consultant's
performance.
27. INSURANCE
27.1. Professional Liability Insurance Coverage. The Consultant shall maintain at all times
during the performance of services under this Agreement professional liability insurance
coverage for errors, omissions, and negligent acts arising out of the performance of this
Agreement in an amount per claim of not less than five (5) times the original Contract
Ceiling Price or $1,000,000, whichever is less. Such insurance shall extend to the
Consultant and to its legal representatives in the event of death, dissolution, or
bankruptcy, and shall cover the errors, omissions, or negligent acts of the Consultant's
subcontractors, agents, and employees. Such insurance shall extend to any errors,
omissions, and negligent acts in the performance of services under this Agreement
committed by the Consultant or alleged to have been committed by the Consultant or
any person for whom the Consultant is legally responsible.
,27.2. Deductible. The Consultant may maintain a professional liability insurance policy with
a deductible clause in an amount approved by the Owner if, in the judgment and opinion
of the Owner, the Consultant's financial resources are sufficient to adequately cover
possible liability in the amount of the deductible. The Consultant shall submit promptly to
the Owner, upon request as often as quarterly, detailed financial statements and any
other information requested by the Owner to reasonably determine whether or not the
Consultant's financial resources are sufficient to adequately cover possible liability in the
amount of the deductible.
27.3. Worker's Compensation Insurance. The Consultant shall at all times during the Term
of this Agreement maintain Worker's Compensation and Employers Liability Insurance as
required under Arkansas law.
27.4. General Liability Insurance. The Consultant shall at all times during the term of this
Agreement maintain comprehensive general liability insurance coverage for bodily injury
and property damage in the combined single limit of $1,000,000, and comprehensive
automobile liability insurance coverage for bodily injury and property damage in the
combined single limit of $1,000,000, which shall cover all owned, hired, and non -owned
vehicles. The Consultant's insurance coverage shall also cover restoration of plans,
drawings, field notes, and other documents in the event of their loss or destruction while
in the custody of the Consultant.
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27.5. Insurance Policies and Certificates. The Consultant shall provide the Owner upon
request copies of its insurance policies and evidence satisfactory to the Owner
concerning the effectiveness and the specific terms of the insurance. Prior to the
execution of this Agreement, the Consultant shall furnish to the Owner certificates of
insurance reflecting policies in force, and it shall also provide certificates evidencing all
renewals of any expiring insurance policy required hereunder within thirty (30) days of the
expiration thereof. The Consultant's failure to provide and continue in force and effect
any insurance required under this Article shall be deemed a Default for which Owner, in
its sole discretion, may terminate this Agreement immediately or on such other terms as it
sees fit.
27.6. Additional Insurance Requirements. All insurance maintained by the Consultant
pursuant to this Section shall be written by insurance companies licensed to do business
in Arkansas, in form and substance satisfactory to the Owner, and shall provide that the
insurance will not be subject to cancellation, termination, or change during its term except
upon thirty (30) days prior written notice to the Owner.
27.7. Duration of Insurance Obligations. The Consultant shall maintain its professional
insurance coverage required under this Agreement in force and effect for a period not
less than five years after the final acceptance of the project or the completion of the
Consultant's services under this Agreement, whichever comes later. Comprehensive
General Liability Insurance Coverage required under this Agreement shall be in full force
and effect until the final acceptance or the completion of the Consultant's services,
whichever comes later. All other insurance shall be maintained in full force and effect
until final acceptance of the project or completion of the Consultant's services, whichever
comes first.
27.8. Consultant's Insurance Primary. All insurance policies maintained by the Consultant
pursuant to this Agreement shall provide that the consultant's insurance shall be primary
and the Owner's own insurance shall be non-contributing.
27.9. Additional Insured. All liability insurance policies, except the professional liability
policy, maintained by the Consultant pursuant to this Agreement shall be endorsed to
include the Owner, its officers, directors, managers, employees, agents, assigns and
representatives, individually and collectively, as additional insured, and all property
damage insurance shall be endorsed with a waiver of subrogation by the insurer as to the
Owner.
28. DISPUTES AND CLAIMS
28.1. Notice of Potential Claim. Whenever a Consultant deems that any additional
compensation is due, the Consultant shall notify the Owner in writing of its intention to
make a claim for additional compensation ("Notice of Potential Claim") before
beginning the work that gives rise to the claim.
28.2. Time & Manner for Submitting Claim. All disputes and claims shall first be submitted
in writing to the Owner within 45 calendar days after the completion or termination date.
The Consultant hereby agrees that the failure to submit the dispute or claim to the
Owner prior to 46 calendar days after the completion or tennination date shall
constitute a waiver of the dispute or claim.
28.3. Form. All disputes and claims must be submitted in writing and in sufficient detail to
permit the Owner to determine the basis for entitlement and the actual allowable costs
incurred. Each claim must contain:
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• A detailed factual statement of the claim providing all necessary dates, locations, and
items of work affected by the claim;
• The date the actions resulting in the claim occurred or conditions resulting in the
claim became evident;
• A copy of the "Notice of Potential Claim";
• The name, title, and activity of each Owner's employee knowledgeable about facts
that gave rise to such claim;
• The name, title, and activity of each Consultant, Subcontractor, or employee
knowledgeable about the facts that gave rise to the claim;
• The specific provisions of the Agreement that support the claim and a statement why
such provisions support the claim;
• The identification and substance of any relevant documents, things, or oral
communications related to the claim;
• A statement whether the claim is based on provisions of the Agreement or an alleged
breach of the Agreement;
• If an extension of time is sought, the specific number of days sought and the basis for
the extension;
• The amount of additional compensation sought and a specific cost breakdown of the
amount claimed; and,
• Any other information or documents that are relevant to the claim.
28.4. Decision and Appeal. The decision of the Owner shall be final and conclusive.
28.5. Continued Performance. Pending final resolution of a dispute or claim, unless the
Owner has terminated this Agreement pursuant to Section 18 or issued a stop work
order pursuant to Section 19, the Consultant shall proceed diligently with the
performance of this Agreement in accordance with the Owner's decisions.
28.6. The rights and remedies of the Owner provided in this Section are in addition to any
other rights and remedies provided by law or under this Agreement, and shall not
constitute a waiver of any other such right or remedy. If the Owner decides the facts
justify the action, the Owner may, at its sole option and discretion, receive and act upon
a proposal, dispute, or claim submitted at any time before final payment under this
Agreement.
29. COVENANT AGAINST CONTINGENCY FEES
29.1. The Consultant warrants that no person or agency has been employed or retained to
solicit or obtain this Agreement upon an agreement or understanding for a contingent
fee, except a bona fide employee or agency. For breach or violation of this warranty, the
Owner shall have the right to annul this Agreement without liability or, in its discretion, to
deduct from the Contract Price or consideration, or otherwise recover, the full amount of
the contingent fee.
Ke'
29.2. Bona fide agency, as used in this Section, means an established commercial or
selling agency, maintained by the Consultant for the purpose of securing business, that
neither exerts nor proposes to exert improper influence to solicit or obtain government
contracts nor holds itself out as being able to obtain any government contract or
contracts through improper influence.
29.3. Bona fide employee, as used in this Section, means a person, employed by the
Consultant and subject to the Consultant's supervision and control as to time, place, and
manner of performance, who neither exerts nor proposes to exert improper influence to
solicit or obtain government contracts nor holds out as being able to obtain any
government contract or contracts through improper influence.
29.4. Contingent fee, as used in this Section, means any commission, percentage,
brokerage, or other fee that is contingent upon the success that a person or concern has
in securing a government contract.
29.5. Improper influence, as used in this Section, means any influence that induces or
tends to induce a government employee or officer to give consideration or to act
regarding a government contract on any basis other than the merits of the matter.
30. TITLE VI ASSURANCES (NONDISCRIMINATION)
During the performance of this Agreement, the Consultant, for itself, its successors, and
its assigns, certifies and agrees as follows:
30.1. Compliance with Regulations. The Consultant shall comply with the Regulations
relative to Title VI (Nondiscrimination in Federally -assisted programs of the Department
of Transportation and its operating elements, especially Title 49, Code of Federal
Regulations, Part 21 and 23 Code of Federal Regulations, as amended, and hereinafter
referred to as the Regulations). These regulations are herein incorporated by reference
and made a part of this Agreement. Title VI provides that the recipients of Federal
financial assistance will maintain and implement a policy of nondiscrimination in which no
person shall, on the basis of race, color, national origin, sex, age, or disability, be
excluded from participation in, denied the benefits of, or subject to discrimination under
any program or activity by recipients of Federal financial assistance or their assignees
and successors in interest.
30.2. Nondiscrimination. The Consultant, with regard to the work performed by it during
the term of this Agreement, shall not discriminate on the basis of race, color, national
origin, sex, age, or disability in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the agreement covers a program set
forth in Appendix B of the USDOT Regulations.
30.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In
all solicitations, either by competitive bidding or negotiation, made by the Consultant or
for work to be performed under a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this Agreement and the Regulations
relative to nondiscrimination on the grounds of race, color, national origin, sex, age, or
disability.
30.4. Information and Reports. The Consultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
30
access to its books, records, accounts, other sources of information, and its facilities by
the Owner, the AHTD, or the USDOT and its Affiliated Modes to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of the
Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Owner, the AHTD or the USDOT and its
Affiliated Modes, as appropriate, and shall set forth what efforts it has made to obtain the
information.
30.5. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with
the nondiscrimination provisions of this Agreement, the Owner shall impose such contract
sanctions as it, the AHTD, or the USDOT and its Affiliated Modes may determine to be
appropriate, including but not limited to, withholding of payments to the Consultant under
the Agreement until the Consultant complies with the provisions and/or cancellation,
termination, or suspension of the Agreement, in whole or in part.
30.6. Incorporation of Provisions. The Consultant shall include the terms and conditions of
this section in every subcontract including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Consultant shall take such action with respect to any subcontract or procurement as
the Owner, the AHTD, or USDOT and its Affiliated Modes may direct as a means of
enforcing these terms and conditions, including sanctions for noncompliance; provided,
however that, in the event the Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of any direction, the Consultant may
request the Owner or the AHTD to enter into such litigation to protect the interests of the
State, and, litigation to protect the interest of the United States.
31. DBE CLAUSE
31.1. The Consultant or subcontractor shall not discriminate on the basis of race, color,
national origin, sex, age, religion, or disability in the performance of this Agreement. The
Consultant shall comply with the applicable requirements of 49 C.F.R. Part 26 and
perform any actions necessary to maintain compliance in the award and administration
of DOT -assisted contracts. Failure by the Consultant to comply with or perform these
requirements is a material breach of this Agreement, which may result in the
cancellation, termination, or suspension of this Agreement in whole or in part, or such
other remedy that the Owner may determine appropriate.
31.2. The Consultant shall insert a clause containing all the terms of this Section in all
subcontracts under this Agreement.
32. TITLE II OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION)
32.1 The Consultant will comply with the provisions of the Americans with Disabilities Act
(ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964,
FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws,
rules and/or regulations.
32.2 The Consultant, during the term of this Agreement, shall not discriminate on the basis of
race, color, sex, national origin, age, religion or disability, in admission or access to and
treatment in programs and activities associated with this Agreement, or in the selection
and retention of subcontractors, including procurement of material and leases of
equipment. The Consultant shall not participate either directly or indirectly in any
discrimination prohibited by the Regulations, including employment practices.
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32.3 In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the Owner's Notice of
Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets,
brochures, and any other publications associated with this Agreement that are made
available to the public, program participants, applicants or employees.
33. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS
33.1. The Consultant certifies, to the best of its knowledge and belief, that-
33.1.1. The Consultant and any of its Principals-
33.1.1.1. Are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any federal or state agency;
33.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of
or had a civil judgment rendered against them for: commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) contract or subcontract; violation
of federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
33.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by
a governmental entity with, commission of any of the offenses enumerated in
Subsection 33.1.1.2; and,
33.1.1.4. The Consultant has not within a 3-year period preceding this offer, had
one or more contracts terminated for default by any federal or state agency.
33.2. Principals, for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within
a business entity (e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions). This certification concerns a matter within
the jurisdiction of an agency of the United States and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under Section 1001,
Title 18, United States Code, as well as any other applicable federal and state laws.
33.3. The Consultant shall provide immediate written notice to the Owner if, at any time
prior to contract award, the Consultant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
33.4. The certification in Subsection 33.1 is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Consultant
knowingly rendered an erroneous certification, the Owner may terminate the contract
resulting from this solicitation for default in addition to any other remedies available to
the Owner.
34. MISCELLANEOUS
34.1. General Compliance with Laws. The Consultant shall comply with all Federal, State,
and local laws, regulations, and ordinances applicable to the work, including but not
limited to, the Americans with Disabilities Act and Occupational Safety and Health Act as
amended.
32
34.2. Registered Professional Engineer's Endorsement. All plans, specifications,
estimates, and engineering data provided by the Consultant shall be endorsed and
recommended by an authorized representative of the Consultant, who shall be a
registered Professional Engineer licensed in the State of Arkansas.
34.3. Choice of Law. This Agreement shall be governed by the laws of the State of
Arkansas without consideration of its choice of law provisions.
34.4. Choice of Forum. The Consultant agrees that any cause of action stemming from or
related to this Agreement, including but not limited to disputes or claims arising under
this Agreement, for acts or omissions in the performance, suspension, or termination of
this Agreement, whether sounding in contract or tort, equity or law, may only be brought
in the appropriate forum within State of Arkansas.
34.5. No Waiver of Immunity. The Owner expressly does not waive any defense of
immunity that it may possess under either federal or state law, and no provision in this
Agreement shall be construed to constitute such a waiver in whole or in part.
34.6. Conflicts Between Laws, Regulations, and Provisions. In the event of conflicting
provisions of law, the interpretation shall be governed by the following in this order, from
most controlling to least: Federal law and regulations, State law and regulations,
Department and FHWA Design Standards, and this Agreement.
34.7. Severability. If any term or condition of this Agreement shall be held invalid, illegal,
or unenforceable by a court of competent jurisdiction, all remaining terms of this
Agreement shall remain valid and enforceable unless one or both of the parties would be
materially prejudiced.
34.8. No -Waiver. The failure of the Owner to strictly enforce any term of this Agreement
shall not be construed as a waiver of the Owner's right to require the Consultant's
subsequent performance of the same or similar obligation or duty.
34.9. Modification and Merger. This written Agreement and any provisions incorporated by
reference reflect the entire agreement of the parties and may be modified only by the
express written agreement of both parties.
35. CERTIFICATION OF AUTHORIZED REPRESENTATIVES
35.1. This Agreement and the certifications contained herein or attached hereto constitute
the whole Agreement of the parties, and each party certifies that this Agreement and any
attached certification have been executed by their duly authorized representatives.
36. NOTICE
36.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be addressed to either the Owner's Representative
or the Consultant's Representative, and mailed or hand -delivered to:
36.1.1. To the Owner's Representative:
Chris Brown, PE
City of Fayetteville
113 W. Mountain Street
33
Fayetteville, AR 72701
36.1.2. To the Consultant:
Ron Petrie, PE
Garver, LLC
2049 E. Joyce Boulevard
Fayetteville, AR 72703
IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the
date set out above.
Garver, � BY:
BrcVk Hoskins, P.E.
Executive Vice President
I- Z7 'Da
City of Fa tte`ille
BY. 44---�--
a or Lio eld J dan
'� Ael/)/ V—
Date
34
APPENDICES
APPENDIX A JUSTIFICATION OF FEES AND COSTS
APPENDIX B SUBCONTRACTS
APPENDIX C STANDARD CERTIFICATIONS/ TITLE VI ASSURANCES
APPENDIX D PROJECT SCHEDULE
99
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
SUMMARY
PROJECTADMINISTRA77ON
HOURS
SALARY
FEE
EXPENSES I
TOTAL
Garver
91
$6,263
$752
$644
$7,659
SURVEYS
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
256
$16,981
$2,038
$2,763
$21,782
TRAFFIC STUDY
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
40
$5,424
$651
$31 1
$6,106
ENVIRONMENTAL
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
594
$59,797
$7,176
$1,978
1 $68,951
GEOTECHNICAL INVESTIGATION
HOURS
SALARY
FEE
EXPENSES
I TOTAL
GHBW
258
$20,631
$2,476
$3,509
1 $26,615
BRIDGE
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
910
$95,856
$11,503
$600
$107,959
ROADWAYDESIGN, PLANS, AND SPECS
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
977
$86,386
$10,366
$306
$97,058
ROW
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
124
$10,522
$1,263
$30
$11,815
BIDDING
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
37
$4,348
$522
$64
1 $4,934
PROJECT TOTALS
'HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
3,029
$285,577
$34,271
$6,416
$326,264
GHBW
258
$20,631
$2,476
$3,509
$26,615
Totals
3,287
1 $306,208
1 $36,747
$9,925
$352,879
1 of 12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
00/1lFCT A nMIN19TRA TInN
MANHOURS
TASK , '�
SPM
PNI
ADMlN4
f>�tdIIN�
' �D(�t�IN2
-�ADM11�1
`�' TOTAL
Project Management
6
6
12
Meetings
6
36
42
Invoice Processor
12
15
8
35
Administrative Support
1
2 1
2
Total MH - Project Administration
24
42
0
0
15
10
91
LABOR COSTS
7,7 Descrlptioin (Bil[ting Class) "
.,, _ .., r _ : �
SPM - Project Manager (E-6/E-5) $68.10 24 $1,634
PM - Project Manager (E-3/E-4)
$44.20
42
DMIN2 - Sr. Admin. Assistant (X-2)
$23.60
15
$354
ADMIN1-Admin. Assistant (X-1)
$19.00
10
$190
Subtotal
$2,178
Overhead 187.57%
$4,085
Subtotal
$6,2 33
Fee
$752
Subtotal Labor Costs
$7,015
EXPENSES
1l - $ k"7
RE- �, c�,.,;7' "�pb "Ilk
1,M'airei
Printing (8 1/2 x 11 B&W) 400 each $0.10 $40
Printing (11 x 17 Color)
400
each
$1.30
$520
Mileage
150
mile
$0.56
$84
Subtotal
Direct Costs
$644
TOTAL COSTS - PROJECT ADMINISTRATION $7,659
BASIS OF ESTIMATE - PROJECT ADMINISTRATION
Includes 18 progress meetings and 18 invoices
2of12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
L_7T-7riziW7
MANHOURS
�OIAl,.
Property Survey
Partial Section Breakdown - (1) NE 1/4, (6) NW 1/4
10
10
20
Recon Parcels & parcel ties (10 (+/-) parcels)
8
8
16
Process Raw Data
2
4
6
Calculations and final Drawings
4
8
2
14
Design Survey
Horizontal and Vertical Control
2
4
22
22
50
Topographic Survey
1
2
20
20
43
Drainage Survey
1
10
10
21
Locate Utility
1
2
6
6
15
Process Raw Data
1
4
5
Process Drawing and DTM
2
12
14
Final Drawings - Control Sheets
2
4
8
14
Stake Proposed Right of way and Easements
1
2
4
4
11
Monument Right of Way
1
2
12
12
27
Total MH - Surveys
44
10
92
92
256
_IL_j
LABOR COSTS
.%�` F' i
3X C"4'� :Z f U '7 F f .. ,.� "'Y+ : v,y'AJ `+r � {;h, `3 f✓ '�F !N F• ':. 9�iL "3.6"V• i"• gloom
at �� S _ l000un:
SPS - Senior Project Surveyor (S-5)
$45.83
18
$825
PS - Project Surveyor (S4)
$31.35
44
$1,379
TECH -Technician (T-1)
$21.33
10
$213
PC - Survey Party Chief (S-3)
$21.23
92
$1,953
IM - Instrument Man (S-2)
$16.68
92
$1,535
Subtotal
$5,905
Overhead 187.57%
$11,076
Subtotal
$16,981
Fee
$2,038
Subtotal Labor Costs
$19,019
EXPENSES
n.,.+r'. ,rc,`+`,e rn».... �` , !z ». ,:.f s�3.�,....>.,.r_,Sst....... .` . "�:•ry...
Printing (8 1/2 x 11 B&W)
d
40
s::;.in.eac,
copy
$0.10
s�A P t1
$4
Mileage
240
mile
$0.56
$134
Hotel Lodging
0
night
$84.70
$0
rkups Utility Markings
1
LS
$625.00
$625
Title Work
10
Cert.
$200.001
$2,000
Utility Survey Support
1
1 LS
$0.00
$0
Meals
1 01
day
$0.00
$0
Subtotal Direct Costs
$2,763
TOTAL COSTS - SURVEYS $21,782
BASIS OF ESTIMATE - SURVEYS
Y 4 �f 1 .. #
tr-,MW .%.. . < Lh..` / ..<.
Number of Anticipated Parcels
10N`
Hamestring Creek Sections outside roadway
5
Length of Topographic Survey
0.41 Mile
3of12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
TRAFFIC STUDY
MANHOURS
Traffic Forecast for EASL Calculation
Gather Historical Data (ADT)
1
4
5
Gather NWARPC Travel Demand Data
1
8
9
Review Previous Studies
2
8
10
Project Traffic along Rupple Road (ADT)
2
8
10
Document the Findings
2
4
6
Total MH -Traffic
8
32
0
0
0
40
LABOR COSTS
f S {��? 1.�5'r�x
�5 �iH..,IN
PM - Project Manager (E-5/E-6)
$68.10
8
$545
PE - Project Engineer (E-3)
$41.90
32
$1,341
DE - Design Engineer (E-1)
$28.00
0
$0
DSR - Sr. Designer (D-2)
$33.00
0
$0
DMIN - Administrative Assistant (X-1)
$19.00
0
$0
Subtotal
$1,886
Overhead 187.57%
$3,538
Subtotal
$5,424
Fee
$651
Subtotal Labor Costs
$6,075
EXPENSES
� � �Y y�JY l:y L1i' S � J^ d l t � S CX i 7 `r`(L i ef.�'z"` F rn �' G .. L! �"5C �. '� i•2"• 'C-(� �' S'c^ •+' �� i 3'r. h S' .
Printing (11x17 B&W) 100 each $0.20 $20
Mileage
20
miles
$0.56
$11
Miscellaneous (Courier)
0
each
$0.00
$0
Lodging
0
each
$84.70
$0
Subtotal Direct Costs
$31
TOTAL COSTS - TRAFFIC STUDY $6,106
4of12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
fV/Rf)NMFNTAL
Iraints Mapping and Data Collection
fination with Roadway and Bridge Design
iatives Review and Evaluation of Anticipated Impacts
iatives Analysis
lop and Coordinate Purpose and Need
cy Coordination Letters (USACE, USFWS, SHPO, NRCS)
n Project Mailing List Database
ire Public Notice Notification for Client and AHTD Approval
Involvement - Stakeholder and Property Owner Notifications
Meeting Attendance, Handouts, Exhibits, Site Selection
:)nmental Data Collection (air, land use, economic, socioeconc
Study
I Cultural Resources Survey and Prepare Tribal Letters
I Cultural Resources Survey Review and Coordination
fictional Waters Mapping and Report
)n 404 Nationwide Permit Preparation
PP Preparation and Coordination with ADEQ
Site Assessment for Hazardous Waste
Hearing Attendance, Handouts, Exhibits, Site Selection
Hearing Response to Comments and Synopsis
ire Draft EA Document
:w Draft EA Document
lions to Draft EA Document Per City and AHTD Comments
EA and FONSI Document Preparation
EA and FONSI Review and Submittal
bute Final FHWA-Approved EA
Total MH -
SPM - Project Manager (E-5/E-6)
PM - Project Manager (E-3/E-4)
PE - Project Engineer (E-2)
SES - Sr. Environmental Scientist
ST - Sr. Technician (T-2)
ARCH - Registered Archaeologist
ADMIN - Administrative Assistant
MANHOURS
_00000_
_000m�-
__0_00-
Overhead
1
0
169
52
11
Subtotal
187.57%
Subtota!
Fee
Labor Costs
18
11
26
4
13
1
3
7
43
32
39
61
5
22
9
10
62
6
11
28
11
9
594
D4lA'i^,j;
$1,090
$1,326
$1,332
$9,765
$4,732
$2,340
$209
$20,794
$39,003
$59,797
$7,176
$66,973
5of12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
ENVIRONMENTAL
MANHOURS
. ,...,. :: Comm4M .....,PE, _ $ES TECH
ARCH ADMII+i 'TOTAL
EXPENSES
ITENL�
r
QuaiGty
Unit
;Bate ,
amount` _
Printing B&W
1,500
each
$0.10
$150
Printing Color
300
each
$0.65
$195
Environmental Database
1
each
$250.00
$250
Public Meeting Displays
14
each
$50.00
$700
Mileage
320
miles
1
$0.56
$179
Miscellaneous (Courier)
421
each
$12.00
$504
Subtotal Direct Costs
$1,978
TOTAL COSTS - ENVIRONMENTAL
$68,951
BASIS OF ESTIMATE - ENVIRONMENTAL
Up to Two public hearings
Specialist Studies inlclude Noise, Cultural Resources, Wetlands and Hazardous Waste
6of12
Appendix - Justification ofCosts and Fees
January 23.2014
VV.Starry Night View -VV.Mount Comfort Rd. (N.Rupp|andj( iUa)(8)
JobO4O057
BRIDGE
MANHOURS
Conceptual Bridge Design
30% Plan Submittal
Preliminary Design
50% Plan Submittal
Final Design
90% Plan Submittal
Final Superstructure Design and Plans
8
16
40
24
48
136
Final Substructure Design And Plans
8
16
24
40
48
136
100% Plan Submittal
7or1u
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
BRIDGE
MANHOURS
a, TASK
SPI
f?NIx.
PE
�0._..
;;TEtl�-
LABOR COSTS
Descrlpiio� �Ballling Class) ,, ,
:,1�afe � e
M1-J� `
A_ m_ourt�''h
SPM - Project Manager (E-5/E-6)
$68.10
78
$5,312
PM - Project Manager (E-3/E-4)
$44.20
186
$8,221
PE - Project Engineer (E-2)
$36.00
214
$7,704
DE - Design Engineer (E-1)
$28.00
176
$4,928
ST - Senior Technician (T-2)
1 $28.00
256
$7,168
Subtotal
$33,333
Overhead 187.57%
$62,523
Subtotal
$95,856
Fee
$11,503
Subtotal Labor Costs
$107,359
EXPENSES
.,x; a ���. ,c §. �. ysst sr>:..f� . a k� �, n _ .�,
t <�, SCr.0
:3�'"-� '�tY'
u� Aj��'�p
�1• ,•'" $�""
Printing (11x17 B&W)
each
$0.20
$400
Miscellaneous (Courier)
each
$12.00
$200
Subtotal Direct Costs
$600
TOTAL COSTS - BRIDGE $107,959
BASIS OF ESTIMATE - BRIDGE
I.�' J
iec,r�+.a .::,...-Y_ �v..s..u'.` ._ .t ...4 a; � FFr :G.
......x..��xc"aa�%d.: c= . _ah-. ��.t;ia <.i.. �;:?a n.,M✓�fa..i. :..4�.r^'�.e�:w'°1.�,.7m%;.Y'{m�'it3�'�3�`<¢Pe:�s.:cex'd
8of12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayefteville) (S)
Job 040657
nF-Qir.)V- PLANS- AND SPECIFICATIONS
MANHOURS
Roadway Front End Tasks
Design Criteria
1
3
4
Conceptual Design_
Typical Sections
2
8
10
20
Conceptual Geometric Design
2
4
6
12
24
Prepare Graphics for Environmental Documentation
2
6
8
16
2
8
10
—Revisions
Preliminary Design
30% Plan Submittal
Title Sheet
1
4
5
Typical Sections
1
2
6
9
Rupple Road Plan and Profile
4
8
45
60
117
Bridge Team Coordination
4
4
Water/Sewer Relocation Plan
2
8
12
22
Opinion of Probable Costs
1
4
10
15
QA/QC
4
4
8
City Street Committee Meeting
3
4
4
11
Plan Submittal and Address AHTD/City Comments
2
10
10
12
2
36
50% Plan Submittal
Drainage Design and Drainage Area Map
1
2
20
34
8
65
Typical Sections-
2
2
4
8
Pavement Design
4
L
4
Striping and Signing Plans
1
1
8
10
Soil Boring Logs
2
6
8
Rupple Road Plan and Profile
4
4
10
40
60
118
Channelization Plan and Profile
1
4
8
24
12
49
Water/Sewer Relocation Plan & Details
4
18
22
Driveways (Up to 4 Anticipated)
4
10
12
26
Cross Sections
1
4
16
8
4
33
Set ROW
2
4
4
10
Survey Control Details
2
4
6
Special Details
4
10
8
22
Maintenance of Traffic Plan and Details
1
10
1 8
19
Erosion Control Plans
6
8
14
Opinion of Probable Costs
1
2
2
8
13
Franchise Utility Coordination
4
4
8
Q
4
4
1
8
Design Public Meeting
1 4
4
6
1
6
20
Plan Submittal/Address AHTD/City Comments
1 2
4
8
1 8
12
2
36
9 of 12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
DESIGN. PLANS. AND SPECIFICATIONS
MANHOURS
Final Design
90% Plan Submittal
Quantity Calculations(Quantity Sheets Excluded)
2
12
16
30
Quantity Calculations Check
4 1
4
8
Transportation Management Plan
1
3
4
Update Plan and Profile Sheets
1
2
4
10
12
29
Update Cross Sections
2
8
4
14
Project Manual
2
12
4
18
Special Provisions
2
8
10
Franchise Utility Coordination
4
4 1
8
QA/QC
4
4
8
Plan Submittal/Address AHTD/City Comments
1
4
6
6
8
2
27
100% Plan Submittal
Plan Check
4
4
8
Final Plans Submittal (Signed and Sealed)
1
2
4
4
2
13
Total MH - Design, Plans, and Specs
47
97
176
333
316
8
977
LABOR COSTS
c z gc1�;
pegcrr�Ption�l3d)Img`Ciass) hx z as #late F. xfilHf Arqu�ntF
..c ELM
tiii��1 �. .,.... 3-� ..,.. ..: _� F ..-., .,.�,,. ...: w.. �?.a. .-_,. _..;: . r~__,�. �, _.,ems.. ,.cer s�.,.�5::'�.✓r:a� :a.�y.:.
WON
SPM - Project Manager (E-5/E-6) $68.10 47 $3,201
PM - Project Manager (E-3/E-4)
$44.20
97
$4,287
PE - Project Engineer (E-2)
$36.00
176
$6,336
DE - Design Engineer (E-1)
$28.00
333
$9,324
TECH - Technician (T-1)
$21.33
316
$6,740
ADMIN - Administrative Assistant (X-1)
$19.00
8
$152
Subtotal
$30,040
Overhead 187.57%
$56,346
Subtotal
$86,386
Fee
$10,366
Subtotal Labor Costs
$96,752
EXPENSES
Printing (11x17 B&W)
600
each
$0.20
µ $120
Printing (8.5x11)
500
each
$0.10
$50
Mileage
200
miles
$0.56
$112
Miscellaneous (Courier)
1 2
each
1 $12.00
$24
Subtotal Direct Costs
$306
TOTAL COSTS - DESIGN, PLANS, AND SPECIFICATIONS $97,058
BASIS OF ESTIMATE - DESIGN,
PLANS, AND SPECIFICATIONS
� rQUan��l
Roadway Improvements (Miles)
0.41
Intersections to be Improved
1 - Partial
Bridge
1
Number of Anticipated Residential Driveways Impacted
4
Note: The manhour estimate is based on a 13 point review by AHTD:
10 of 12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
RIGHT OF WAY
MANHOURS
TASK
TOTQLa..:.:
ROW
Stage 1
Plot and verify Certificates against Parcel Surveys
2
20
22
Create R01 and set ROW points from Construction Plans and PSUR
2
2
Submit Strip Map (Omit due to length)
0
Stage 2
Field Inspection
0
Revise ROW based on AHTD comments
2
2
Prepare title sheet
2
4
6
Prepare layout sheets (estimated 1 sheets)
2
4
6
Prepare Right -of -Way plan sheets (estimated 4 sheets)
1
8
32
41
Calculate tract areas (total, to acquire & residuals)
1
8
2
11
Draw total parcel insets (if necessary)
0
Prepare Legal Descriptions
6
12
1
18
Stage 3
In -House Plan Check
1
1
2
Stage 4
0
Submit 90% plans to AHTD
2
2
(Electronics - Plans.dgn, Legals.doc, Certificates & Deeds.pdf)
2
2
Corrections from Review Comments (Non Chargeable Expense)
0
Revisions from Review Comments
2
2
Final Review with Construction Plans
1
2
3
Stage 5
Submit Final Plans to AHTD (Electronic Files only)
1
1
Revisions requested during ROW Acquisition
1
2
3
UTILITY COORDINATION
Utility Coordination (City to Perform Utility Coordination)
1
1
Total MH -Right of Way
14
67
43
0
124
LABOR COSTS
�?PB° Bllltag�Gias� {..;a�t1r �L-�
r
SPS - Senior Project Surveyor (S-5) $45.83 14 µ $642
PS - Project Surveyor (S4)
$31.35
67
$2,100
TECH - Technician (T-1)
$21.33
43
$917
Subtotal
$3,659
Overhead 187.57%
$6,863
Subtotal
$10,522
Fee
$1,263
Subtotal Labor Costs
$11,785
EXPENSES
ITEM::
i2ua�t tt)%
�FUna
" Rafe '
,.. A ,
t Amouiatr
Printing (11x17 B&W)
30
each
$0.20
$6
Miscellaneous (Courier)
2
each
$12.00
$24
Subtotal Direct Costs
$30
TOTAL COSTS - RIGHT OF WAY $11,815
BASIS OF ESTIMATE - RIGHT OF WAY
}yyg aiNC'
Estimated Number of Parcels and Legal 10 Parcels with 6 Legals
Estimated Number of Sheets 4 Right of Way
11 of 12
Appendix A - Justification of Costs and Fees
January 23, 2014
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
BIDDING
MANHOURS
,Y.. ,,.. ThSK
S
PE"
bE
DSIVIi
TOTAL
Bidding
Dispense plans and specs to prospective bidders
4
4
Addendums/Inquiries
6
2
0
8
Pre -Bid Meeting
2
4
0
6
Bid Opening
2
2
2
0
6
Prepare bid tabulation
1
4
5
Evaluate bids and recommend award
1
2
2
0
5
Prepare construction contracts
1
0
1
Notice to Proceed
1
2
0
2
Total MH - Design, Plans, and Specs
6
1 15
8
0
0
8
37
LABOR COSTS
K J)d Y L c
D oR B�11N 1 ass ;k eo r
b ss S
Ca n
kG J
SPM - Project Manager (E-5/E-6)
$68.10
6
$409
PM - Project Manager (E-3/E-4)
$44.20
15
$663
PE - Project Engineer (E-2)
$36.00
8
$288
DE - Design Engineer (E-1)
$28.00
0
$0
DSR - Sr. Designer (D-2)
$33.00
0
$0
ADMIN - Administrative Assistant (X-1)
1 $19.00
8
$152
Subtotal
$1,512
Overhead 187.57%
$2,836
Subtotal
$4,348
Fee
$522
Subtotal Labor Costs
$4,870
EXPENSES
,}x^}i�`• s'.jts Tf
hy. / +r?{. {S< ..s�r..i.I.rtt..2....Y.xt.'tes.'
n
Printing (11x17 B&W)
200
each
$0.20
$40
Miscellaneous (Courier)
2
each
$12.00
$24
Subtotal Direct Costs
$64
TOTAL COSTS - BIDDING $4,934
BASIS OF ESTIMATE - BIDDING
�.
SE" � i} a . �, .: iY;e7" "z'� .�?a ?��,'t�d,3,, aitr. '' s^ s .� %` 3.::. # '� y.
�h. e+e �" ,� -;i t. t�'a 'r' Y �� .N� ,.Pe5 'r"e�&,�r• . zK�F:
12 of 12
APPENDIX 131
SUBCONSULTANT AGREEMENT
JOB NO. 040657
FEDERAL AID PROJECT ("FAP") NO. STPU-9142(36)
W. Starry Night View — W. Mount Comfort Rd. (N. Rupple Road)(Fayetteville) (S)
1. SUBCONSULTANT AGREEMENT
1.1. The services to be performed under this Subconsultant Agreement will be performed
in connection with the Agreement for Engineering Services ("Prime Agreement")
between the Consultant and the City of Fayetteville ("Owner") for Job No. 040657, dated
Garver, LLC ("Consultant") and Grubbs, Hoskyn, Barton &
Wyatt, Inc. ("Subconsultant') hereby agree that the Subconsultant shall perform the
professional and related services as described herein. In consideration for the
performance of the professional services the Consultant agrees to compensate (and
reimburse, if applicable) the Subconsultant in the manner and at the rate(s) provided
herein.
1.2. The definitions of the Prime Agreement, and its provisions relating to the obligations,
duties, and rights of subcontractors, or which are otherwise required to be inserted into
any subcontracting agreements, are deemed to be part of, and are hereby incorporated
by reference into, this Subconsultant Agreement and made binding upon the
Subconsultant.
2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED
2.1. The City of Fayetteville has programmed a project for the reconstruction and
relocation of N. Rupple Road from W. Starry Night View to W. Mount Comfort Road,
including a bridge over Hamestring Creek in Fayetteville, Washington County, Arkansas.
2.2. The project generally consists of providing environmental documentation, surveys,
geotechnical studies, hydraulic studies, roadway and bridge design and plans, right of
way plans, and bidding services. Storm drainage systems, relocated utility facilities,
maintenance of traffic and other incidental systems and facilities will be designed and
constructed as necessary.
2.3. The proposed improvements will begin at the northern edge of the Starry Night View
and proceed north approximately 1,700 linear feet to tie into the existing signalized
intersection at Mount Comfort Road and Rupple Road (existing northern leg of
intersection).
2.4. "Services to be Provided by Subconsultant." Grubbs, Hoskyn, Barton and Wyatt, Inc.
will perform the following tasks to prepare the geotechnical investigation for the project:
2.4.1.Grubbs, Hoskyn, Barton & Wyatt will visit the project alignment to observe site
conditions. Published information on site geology and available information from
prior geotechnical studies in the area will be reviewed.
2.4.2.Grubbs, Hoskyn, Barton & Wyatt will contact landowners to secure right of access
in the project alignment prior to accessing boring locations. Underground utility
locations will be cleared prior to beginning drilling. It is expected that Garver or the
City of Fayetteville will provide property owner contact information, if needed. It is
assumed that Garver will provide all right of access information and available maps
and aerial photographs. This information will be required prior to contacting property
owners and beginning work.
2.4.3.Access to boring locations will be provided by Grubbs, Hoskyn, Barton & Wyatt as
dictated by site conditions and permitted by property owners. Applicable permits will
be obtained and traffic control will be provided by Grubbs, Hoskyn, Barton & Wyatt.
Truck -mounted drilling equipment will be utilized.
2.4.4.Sample borings will be advanced using dry -auger and rotary -wash drilling
techniques. The existing pavement section components will be measured.
Undisturbed soil samples or Standard Penetration Values will typically be obtained
in borings at 2-ft to 5-ft intervals. Groundwater measurements will be obtained
during and at the completion of drilling operations. Boreholes will be backfilled after
obtaining final groundwater measurements. Boreholes in existing pavement areas
will be patched with asphalt concrete cold patch or a concrete mix.
2.4.5.The subsurface exploration program will consist of two (2) sample borings drilled to
approximately 15-ft depth or auger refusal in the new embankment area in the
Hamestring floodplain area, three (3) sample borings drilled to approximately 10-ft
depth or auger refusal along the remainder of the alignment, and up to two (2)
borings at bridge bent locations to approximately 50 ft-depth with rock cores.
2.4.6.An adequate laboratory testing program will be planned and performed after the
borings are completed. The purpose of the laboratory testing program will be to
evaluate pertinent physical properties and engineering characteristics of the
subgrade soils. These data will be used in developing geotechnical
recommendations for subgrade support design parameters, subgrade preparation,
and site grading. The testing program is expected to consist of classification tests,
strength tests, measurements of compressibility, swell potential, and subgrade
support properties.
2.4.7.An engineering report will be developed which will include the results of the field
and laboratory studies, information on site conditions and geology, and
recommendations for subgrade preparation, site grading, pavement subgrade
support parameters, pavement section, bridge foundation, embankment, and
retaining walls.
3. COSTS FEES PAYMENTS AND RATE SCHEDULES
3.1. For the work described herein, except as otherwise agreed to in writing by the
Engineer and the Subconsultant, the Engineer will pay the Subconsultant on a cost plus
fixed fee basis. The total not -to -exceed cost for the geotechnical investigation will be
$26,616 with a fixed fee of $2,476. The justification for the fees and costs is contained
in Attachment B1-1. The Subconsultant will submit monthly invoice indicating the
amount complete. Engineer will not be required to pay Subconsultant for work
represented by invoices received more than 60 days after the billing period when the
work occurred.
3.2. The Engineer will bill the Owner monthly. All Subconsultant bills must be received 10
calendar days prior to the last Friday of the month in order to be included in the
Engineer's invoice to the Owner for that month. Payment to the Subconsultant will be
made within 10 days of the Engineer receiving payment from the Owner for the
Subconsultant work included in each invoice.
2
3.3. Salaries. The following schedule covers the classification of personnel and the salary
ranges for all personnel anticipated to be assigned to this project by the Subconsultant:
3.3.1.SCHEDULE OF SALARY RANGES
Description
Min. Hourly
Max. Hourly
Principal
$42.50
$69.71
Project Manager
$31.25
$61.05
Project Engineer
$27.93
$47.60
Staff Engineer/Geologist
$23.25
$42.31
Geologist
$20.50
$38.46
Drilling Supervisor
$18.25
$28.45
Laboratory Supervisor
$18.25
$28.45
Driller/Senior Technician
$12.00
$24.50
Technician/Helper
$9.50
$15.50
Engineering Aide/Clerical
$12.00
$20.50
4. COMPENSATION SUBJECT TO LIMITATIONS OF FEDERAL AND STATE LAW
4.1. The Project (as defined in the Prime Agreement), part of which is to be performed
under this Subconsultant Agreement, is a federally -assisted project and federal funds
will be used, in part, to pay the Consultant and Subconsultant. Therefore,
notwithstanding any provision of this Subconsultant Agreement or the Prime Agreement,
all payments, costs, and expenditures are subject to the requirements and limitations of
48 C.F.R. Part 31, including those relating to determination of indirect cost rates, if
applicable. The Subconsultant shall certify the accuracy of all invoices, requests for
payment, and cost rates (if applicable), along with supporting documentation and any
supporting information or records provided prior to, during, or after the term of this
Subconsultant Agreement.
5. COMMISSION AHTD AND FHWA AS THIRD PARTY BENEFICIARIES
5.1. This Subconsultant Agreement is between and binding upon only the Consultant and
Subconsultant. The Commission, AHTD, and FHWA are not parties to this
Subconsultant Agreement, but are expressly made third -party beneficiaries of this
Subconsultant Agreement and shall be entitled to enforce any obligation of the
Subconsultant owed to the Consultant. No provision of this Subconsultant Agreement or
the Prime Agreement, nor the exercise of any right thereunder, shall be construed as
creating any obligation or any liability on the part of, or operating as a waiver of any
immunity of, the Commission, the AHTD, the FHWA, or any of their employees, officers,
or agents.
5.2. The Subconsultant's sole recourse, if any, for any injury arising under or related to
this Subconsultant Agreement, the performance of services hereunder, or compensation
or claims hereunder, shall be against the Consultant.
5.3. The Disputes and Claims provisions of the Prime Agreement shall not apply to this
Subconsultant Agreement.
3
6. COVENANT AGAINST CONTINGENCY FEES
6.1. The Subconsultant warrants that no person or agency has been employed or
retained to solicit or obtain this Subconsultant Agreement upon an agreement or
understanding for a contingent fee, except a bona fide employee or agency. For breach
or violation of this warranty, the AHTD and Consultant shall have the right to annul this
Subconsultant Agreement without liability or, in its discretion, to deduct from the
Contract Price or consideration, or otherwise recover, the full amount of the contingent
fee.
6.2. Bona fide agency, as used in this section, means an established commercial or
selling agency, maintained by the Subconsultant for the purpose of securing business,
that neither exerts nor proposes to exert improper influence to solicit or obtain
government contracts nor holds itself out as being able to obtain any government
contract or contracts through improper influence.
6.3. Bona fide employee, as used in this section, means a person, employed by the
Subconsultant and subject to the Subconsultant's supervision and control as to time,
place, and manner of performance, who neither exerts nor proposes to exert improper
influence to solicit or obtain government contracts nor holds out as being able to obtain
any government contract or contracts through improper influence.
6.4. Contingent fee, as used in this section, means any commission, percentage,
brokerage, or other fee that is contingent upon the success that a person or concern has
in securing a government contract.
6.5. Improper influence, as used in this section, means any influence that induces or
tends to induce a government employee or officer to give consideration or to act
regarding a government contract on any basis other than the merits of the matter.
7. TITLE VI ASSURANCES (NONDISCRIMINATION)
During the performance of this Subconsultant Agreement, the Subconsultant, for itself,
successors, and assigns, certifies and agrees as follows:
7.1. Compliance with Regulations. The Subconsultant shall comply with the Regulations
relative to Title VI (Nondiscrimination in Federally -assisted programs of the Department
of Transportation and its operating elements, especially Title 49, Code of Federal
Regulations, Part 21 and 23 Code of Federal Regulations, as amended, and hereinafter
referred to as the Regulations). These regulations are herein incorporated by reference
and made a part of this Subconsultant Agreement. Title VI provides that the recipients
of Federal financial assistance will maintain and implement a policy of nondiscrimination
in which no person shall, on the basis of race, color, national origin, sex, age, or
disability, be excluded from participation in, denied the benefits of, or subject to
discrimination under any program or activity by recipients of Federal financial assistance
or their assignees and successors in interest.
7.2. Nondiscrimination. The Subconsultant, with regard to the work performed by it during
the term of this Subconsultant Agreement, shall not discriminate on the basis of race,
color, national origin, sex, age, or disability in the selection and retention of
subcontractors, including procurement of material and leases of equipment. The
Subconsultant shall not participate either directly or indirectly in any discrimination
prohibited by Section 21.5 of the Regulations, including employment practices.
4
7.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In
all solicitations, either by competitive bidding or negotiation, made by the Subconsultant
for work to be performed under a subcontract, including procurement of materials and
leases of equipment, each potential subcontractor or supplier shall be notified by the
Subconsultant of the Subconsultant's obligations under this Subconsultant Agreement
and the Regulations relative to nondiscrimination on the grounds of race, color, national
origin, sex, age, or disability.
7.4. Information and Reports. The Subconsultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, and accounts, other sources of information, and its facilities
by the Owner, the AHTD or the FHWA to be pertinent to ascertain compliance with such
regulations and directives. Where any information required of the Consultant is in the
exclusive possession of another who fails or refuses to furnish this information, the
Subconsultant shall so certify to the Owner, the AHTD, or the FHWA, as appropriate,
and shall set forth the efforts made by the Subconsultant to obtain the records or
information.
7.5. Sanctions for Noncompliance. In the event of the Subconsultant's noncompliance
with the nondiscrimination provisions of this Subconsultant Agreement, the Owner shall
impose such contract sanctions as it, the AHTD, or the Federal Highway Administration
may determine to be appropriate, including but not limited to, withholding of payments to
the Consultant or Subconsultant under the Agreement until the Subconsultant complies
with the provisions and cancellation, termination, or suspension of the Subconsultant
Agreement, in whole or in part.
7.1. Incorporation of Provisions. The Subconsultant shall include the terms and
conditions of this section in every subcontract including procurements of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto: The Subconsultant shall take such action with respect to any subcontract or
procurement as the Owner, the AHTD, or FHWA may direct as a means of enforcing
these terms and conditions, including sanctions for noncompliance; provided, however
that, in the event the Subconsultant becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of any direction, the Subconsultant may
request the Owner, the AHTD, or the United States to enter into the litigation to protect
the interests of the State and the United States, respectively.
8. DBE CLAUSE
8.1. The Subconsultant shall not discriminate on the basis of race, color, national origin,
sex, age, religion, or disability in the performance of this Subconsultant Agreement. The
Subconsultant shall comply with the applicable requirements of 49 C.F.R. Part 26 and
perform any actions necessary to maintain compliance in the award and administration
of DOT -assisted contracts. Failure by the Subconsultant to comply with or perform
these requirements is a material breach of this Subconsultant Agreement, which may
result in the cancellation, termination, or suspension of this Subconsultant Agreement in
whole or in part, or such other remedy that the AHTD may determine appropriate.
8.2. Prompt Payment. The Subconsultant shall pay its subcontractors, if any, for
satisfactory performance of their subcontracts within 30 days of receipt of each payment
by the AHTD to the Subconsultant. Any retainage payments held by the Subconsultant
must be returned to the subcontractor within 30 days after the subcontractor's work is
completed. Failure to comply with this provision shall be considered a Default by the
Subconsultant. If the Subconsultant fails to comply with this provision, in addition to any
other rights or remedies provided under this Subconsultant Agreement, the AHTD, at its
sole option and discretion, may:
• make payments directly to the subcontractor and offset such payments,
along with any administrative costs incurred by the AHTD, against
reimbursements or payments otherwise due the Subconsultant;
notify any sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the
Subconsultant until the Subconsultant ensures that the subcontractors
have been and will be promptly paid for work performed.
8.3. The Subconsultant shall insert a clause containing all the terms of this section in all
subcontracts under this Subconsultant Agreement.
9. TITLE II OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION)
9.1 The Subconsultant will comply with the provisions of the Americans with Disabilities Act
(ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964,
FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws,
rules and/or regulations.
9.2 The Subconsultant, during the term of this Agreement, shall not discriminate on the
basis of race, color, sex, national origin, age, religion or disability, in admission or
access to and treatment in programs and activities associated with this Agreement, or in
the selection and retention of subcontractors, including procurement of material and
leases of equipment. The Consultant shall not participate either directly or in in
any discrimination prohibited by the Regulations, including employment practices.
9.3 In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the Owner's Notice of
Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets,
brochures, and any other publications associated with this Agreement that are made
available to the public, program participants, applicants or employees.
10. CERTIFICATION REGARDING DEBARMENT SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS
10.1. The Subconsultant certifies, to the best of its knowledge and belief, that-
10.1.1. The Subconsultant and any of its Principals-
10.1.1.1. Are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any federal or state agency;
10.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of
or had a civil judgment rendered against them for: commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) contract or subcontract; violation
of federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
2
10.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by
a governmental entity with, commission of any of the offenses enumerated in
subsection 10.1.1.2; and,
10.1.1.4. The Subconsultant has not within a 3-year period preceding this offer,
had one or more contracts terminated for default by any federal or state
agency.
10.2. Principals, for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within
a business entity (e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions). This certification concerns a matter within
the jurisdiction of an agency of the United States and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under section 1001,
title 18, United States Code, as well as any other applicable federal and state laws.
10.3. The Subconsultant shall provide immediate written notice to the AHTD if, at any time
prior to contract award, the Subconsultant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
10.4. The certification in subsection 10.1 is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Subconsultant
knowingly rendered an erroneous certification, the AHTD may terminate the contract
resulting from this solicitation for default in addition to any other remedies available to
the AHTD.
11. NOTICE
11.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be mailed or hand -delivered to:
11.1.1. To the Subconsultant:
Subra T. Bhat, Ph.D., P.E.
Grubbs, Hoskyn, Barton & Wyatt, Inc.
P.O. Box 1248
Springdale, AR 72764
11.1.2. To the Consultant:
Ron Petrie, PE
Garver, LLC
2049 E. Joyce Boulevard, Suite 400
Fayetteville, AR 72703
7
IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be
effective
Garver, LLC.
BY: 6
'Brock Hoskihs, PE
Executive Vice President
1-27-Iq
Date
Grubbs, Hoskyn, Barton & Wyatt, Inc.
D" Subra Bhat, Ph.DY, PE
Principal/Office Manager
Date
Ls1
Attachment B1-1 - Justification of Costs and Fees
October 25, 2013
Rupple Road
Job 040657
GEOTECHN/CAL
MANHOURS
x
<EA/C
TOTAL
Drilling Program
Coordination
4
4
8
12
50
40
102
Drilling and sampling roadway
0
Access
6
Travel
2
4
Laboratory Testing and Analysis
16
26
42
Laboratory Testing - Roadway
Engineering Analyses
20
26
16
62
15
15
Report Draft
Report Preparation and Administration
10
5
23
Final Report
8
0
Report Preparation
0
TOTAL MH - GEOTECHNICAL
32
40
16
30
80
40
20
258
LABOR COSTS$
s a xr x e s"HArnont
2t �0..�
-
48 32
$1,903
PR -Principal
$59
$38.00 40
$1,520
PE - Project Engineer
$27.00 16
$432
SE/G - Staff Engineer or Geologist
$25.20 30
$756
D/LS - Drilling or Lab Supervisor
$21.00 80
$1,680
DT - Driller or Sr. Technician
$15.50 40
$620
HT - Helper or Technician
$19 .50 20
$390
EA/C - Engineering Aide or Clerical
Subtotal
$7,30101
Overhead 182.56%
$13,329
Subtotal
$20,630
Fee
$2,476
FCCM 0.00%
$0
Subtotal Labor Costsl
$23,106
1 of 2
Attachment B1-1 - Justification of Costs and Fees
October 25, 2013
Rupple Road
Job 040657
�+cnrci+uivire �
EXPENSES
J 1 T 4 N �tF� q'/ -: f 'anttty � Unit� t f�ale F /'V IId4nt
' F 737
40 mile $3.30 $132
Mob/demob (truck)
In yard mobilization (truck)
1
each
$140.00
$140
Drilling equipment (truck)
32
hour
$31.75
$1,016
Water truck
20
hour
$22.00
$440
Crew truck
50
hour
$5.65
$283
Vehicle mileage
40
mile
$0.55
$22
Travel expenses
0
day
$95.00
$0
Dozer rental
0
day
$1,250.00
$0
Equipment set up & Access (truck)
15
hour
$31.75
$476
Coring - third party equipment
0
core
$225.00
$0
Traffic control - lane closures (4-hr maximum)
hour
$100.00
$0
Traffic control - signage and escort
8
hour
$125.00
$1,000
Subtotal Expenses
$3,509
TOTAL COSTS
- GEOTECHNICAL
$26,615
2of2
APPENDIX C State Job No. 040657
C-1 Federal Aid Project No. STPU-9142(36)
CERTIFICATION OF CONSULTANT
I hereby certify that 1, Brock Hoskins, am Executive Vice President and duly authorized
representative of the firm of Garver, LLC whose headquarters address is 4701 Northshore Drive,
North Little Rock, AR, and that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, brokerage, contingent fee, or other
considerations, any firm or person (other than a bona fide employee working solely for
me) to solicit or secure this contract,
(b) agreed, as an express or implied condition for obtaining this contract, to employ or
retain the services of any firm or person in connection with carrying out the contract, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me) any fee contribution, donation or consideration of any
kind for, or in connection with, procuring or carrying out the contract;
(d) included any costs which are not expressly allowable under the cost principles of the
FAR of 48 CFR 31, whether direct or indirect. All known material transactions or events
that have occurred affecting the firm's ownership, organization and indirect cost rates
have been disclosed.
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas State Highway and
Transportation Department and the Federal Highway Administration, U.S. Department of
Transportation, in connection with this contract involving participation of Federal Aid Highway
Funds, and is subject to applicable State and Federal laws, both criminal and civil.
Furthermore, as a recipient of Federal Aid Highway Funds, I certify and hereby agree to
the conditions of Title VI Assurances as outlined in Section 31 of this Agreement and shall insert
the Notice of Nondiscrimination Statement as shown below in all solicitation of work or
procurement of materials or equipment.
NOTICE OF NONDISCRIMINATION STATEMENT
Garver, LLC ("Consultant") complies with all civil rights provisions of federal statutes and related
authorities that prohibited discrimination in programs and activities receiving federal financial
assistance. Therefore, the Consultant does not discriminate on the basis of race, sex, color, age,
national origin, or disability, in the admission, access to and treatment in Consultant's programs
and activities, as well as the Consultant's hiring or employment practices. Complaints of alleged
discrimination and inquiries regarding the Consultant's nondiscrimination policies may be directed
to Tatiana Herrington (ADA1504/Title VI Coordinator), 4701 Northshore Dr., North Little Rock, AR,
(501-376-3633), or, the following email address: tbherrington@ GarverUSA.com. This notice is
available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
14 4 -"-- -1 1 - 27 - 14
Authorized Firm Representative Date
APPENDIX C State Job No. 040657
C-2 Federal Aid Project No. STPU-9142(36)
CERTIFICATION OF CONSULTANT
I hereby certify that I, Subra Bhat, am a Principle and duly authorized representative of the firm of
Grubbs, Hoskyn, Barton, and Wyatt, Inc. whose headquarters address is No. 1 Trigon Plaza, Little Rock, AR,
and that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, brokerage, contingent fee, or other considerations, any
firm or person (other than a bona fide employee working solely for me) to solicit or secure this contract,
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the contract, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me) any fee contribution, donation or consideration of any kind for, or in connection
with, procuring or carrying out the contract;
(d) included any costs which are not expressly allowable under the cost principles of the FAR of 48
CFR 31, whether direct or indirect. All known material transactions or events that have occurred
affecting the firm's ownership, organization and indirect cost rates have been disclosed.
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas State Highway and
Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this contract involving participation of Federal Aid Highway Funds, and is subject to
applicable State and Federal laws, both criminal and civil.
Furthermore, as 'a recipient of Federal Aid Highway Funds, I certify and hereby agree to the
conditions of Title VI Assurances as outlined in Section 31 of this Agreement and shall insert the Notice of
Nondiscrimination Statement as shown below in all solicitation of work or procurement of materials or
equipment.
NOTICE OF NONDISCRIMINATION STATEMENT
Grubbs, Hoskyn, Barton & Wyatt ("Consultant"), complies with all civil rights provisions of federal statutes and
related authorities that prohibited discrimination in programs and activities receiving federal financial
assistance. Therefore, the Consultant does not discriminate on the basis of race, sex, color, age, national
origin, or disability, in the admission, access to and treatment in Consultant's programs and activities, as well
as the Consultant's hiring or employment practices. Complaints of alleged discrimination and inquiries
regarding the Consultant's nondiscrimination policies may be directed to Kay Keller (ADA/504/Title VI
Coordinator), 8114 Cantrell Road, Suite 350, Little Rock, AR 72227, (501.663.8800), or the following email
address: kkellergrubbsengineers.com.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
j�N�. t
Authorized Firm Repre ntative A Date
2
APPENDIX C State Job No. 040657
C-3 Federal Aid Project No. STPU-9142(36)
CERTIFICATION OF CITY OF FAYETTEVILLE
I hereby certify that I am the Mayor of Fayetteville and that the aforementioned consulting
firm or its representative has not been required, directly or indirectly as an express or implied
condition in connection with obtaining or carrying out this contract to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee contributions
donation, or consideration of any kind:
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Arkansas Highway and
Transportation Department and the Federal Highway Administration, U.S. Department of
Transportation, in connection with this contract involving participation of Federal -Aid Highway
Funds, and is subject to applicable State and Federal laws, both criminal and civil.
Date
Mayor Lion Jor an
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City of Fayetteville, Arkansas
v91.0425
Budget Adjustment Form
Budget Year
Division: Engineering
Request Date
Adjustment
Number
2014
Department: Development Services
1 /28/2014
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
Garver Engineers, and the City have negotiated a contract for the design of Rupple Road (BF Lane to Mt. Comfort).
The cost of the contract is $352879.00. This project is a grant and the split with AHTD is 80/20. The City's
portion
(paid with 2013 Street Bond funds) is $70,576. The grant portion (reimbursed by AHTD) will be'$282,303.
Prepared By:
#NAME?
Division Head Date
Reference:
Budget & Research Use Only
udget Director Date
Type` A B C D
E p
Department Director Date
��c (� �9 2P +Y
General Ledger Date
Finance Director Date
Posted to General Ledger
Initial
Date
Chief of Staff Date
Checked / Verified
Initial'
Date
Mayor Date
TOTAL BUDGET ADJUSTMENT 282,303 282,303
Increase / (Decrease)
Project.Sub
Account Name Account Number Expense Revenue
Number
Federal Grants -Capital 4470.0947.4309.00 282,303
06035 3100
Professional services 4470.9470.5314.00 282,303
06035 3100
**ADD**Professional services 4520.9555.5314.00 _70,576
06035 3100
**ADD**Street improvements 4520.9555.5809.00 (70,576)
06035 0001
1 Of 1
J:\EXCEL\Transportation Bonds\Rupple Rd. BF Ln. to Mt. Comfort\BA Design services —Garver 01282013
Chris Brown
Submitted By
City of Fayetteville Item Review Form
2014-005 1
Legistar File Number
February 18, 2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
A Resolution approving an Agreement with Garver, LLC for professional services for the design of
Rupple Road from Starry Night View to Mount Comfort Road in the amount of $352,879.00 and
approve a Budget Adjustment.
Does this item have a cost? YeS
$352,879.00
Cost of this request
4520.9555.5314.00
Account Number
06035.3100
Project Number
Budgeted Item? Y2S
Category or Project Budget
Funds Used to Date
-$352,879.00
Remaining Balance
Budget Adjustment Attached? YeS
Transportation Bonds
Program or Project Name
Sales Tax Construction Bonds
Program or Project Category
Street Sales Tax 2013
Fund Name
V20130812
;- Dr,7 iJ
Previous Ordinance or Resolution #
Original Contract Number:
• lK i//'�/��GvI _w � rr'f
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Chris Brown, City Engineer
Date: January 29, 2014
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of February 18, 2014
Subject: A Resolution approving an Agreement with Garver, LLC for professional services for the
design of Rupple Road from Starry Night View to Mount Comfort Road in the amount of
$352,879.00 and approve a Budget Adjustment.
BACKGROUND:
Federal Aid - Surface Transportation Program -Attributable (STP-A) funds are now available to Northwest
Arkansas after the Census Bureau determined the urbanized population to be over 200,000 and the FHWA
designated Northwest Arkansas as a Transportation Management Area (TMA). In becoming a TMA, the
Northwest Arkansas Regional Planning Commission, of which Fayetteville is a member, will have STP-A
discretionary funding available at approximately $7M per year. Under current legislation, these STP-A funds
can be utilized for all permitted transportation projects at the discretion of the TMA Policy Committee.
Northwest Arkansas has been officially designated a TMA and approximately $6.5M are available to the area
for 2013.
An application for federal funding for Rupple Road between Wedington Drive & Mount Comfort Road was
submitted to and approved by the Northwest Arkansas Regional Planning Commission. However, the subject
project should be considered Phase I of the overall project limits. The total project (Phase I) estimate is
$3,700,000. The design phase is estimated at $400,000 which was submitted for FY 2013 funding. On January
23, the NWARPC approved funding of the design phase for $320,000 (80%) from the Surface Transportation
Program -Attributable (STP-A), but the City must provide a 20% match of $80,000. The remainder of the
project funding will be submitted for future year's available STP-A funding.
PROPOSAL:
Garver has provided a proposed scope and fee in the amount of $352,879.00. This contract will be paid based on
hourly rates for work completed, up to the total contract amount for professional engineering services for the
reconstruction & relocation of Rupple Road from Starry Night View to Mount Comfort Road, including a bridge
over Hamestring Creek. The proposed improvements will begin at the northern edge of the Starry Night View
and proceed north approximately 1,700 linear feet to tie into the existing signalized intersection at Mount Comfort
Road and Rupple Road (existing northern leg of intersection).
2
THE CITY OF FAYETTEVILLE, ARKANSAS
The consultant will provide environmental documentation, surveys, geotechnical studies, hydraulic studies,
roadway & bridge design and plans, right of way plans, and bidding services. Storm drainage systems, relocated
utility facilities, maintenance of traffic and other incidental systems and facilities will be designed and constructed
as necessary. All work and contract requirements shall conform to requirements of the Federal Highway
Administration (FHWA), AHTD and the City.
This design agreement has allotted 16 (sixteen) months for completion, however, this time frame may be extended
depending upon the review workload of the Arkansas State Highway and Transportation Department (AHTD).
The consultant will prepare and submit final plans and specifications to the City and will assist the City in
throughout the bidding process.
Once the construction contract is awarded, the City will have the opportunity to amend this agreement with Garver
to add construction administration services, if needed, depending upon City staff availability. If this option is
chosen, a supplemental agreement would be prepared and brought before City Council for approval.
RECOMMENDATION:
Staff recommends City Council approval of the agreement with Garver, LLC for providing the professional
design services for the reconstruction and relocation of Rupple Road from Starry Night View to Mount Comfort
Road and authorization for the Mayor to execute said agreement. The executed agreements will then be sent
back to AHTD for approval by FHWA and obligation of federal funds.
BUDGETIMPACT:
This project is based on an Agreement Of Understanding with AHTD in which Federal Aid money will pay 80%
of the contract amount and the City will pay 20%. The Federal portion will be paid from the Surface
Transportation Program -Attributable (STP-A) funds. City funds will be from the Transportation Bond Program
or the CIP Fund. The cost of these services will not exceed $352,879.00, with the City's share being 20% or
$70,575.80.
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH GARVER
ENGINEERS, LLC IN AN AMOUNT NOT TO EXCEED $352,879.00 FOR
THE DESIGN OF RUPPLE ROAD FROM STARRY NIGHT VIEW TO
MOUNT COMFORT ROAD, AND TO APPROVE A BUDGET ADJUSTMENT
OF $352,879.00
WHEREAS, the City of Fayetteville understands that federal aid Surface Transportation
Program -Attributable (STP-A) funds are available for certain city projects at a Federal
participating ratio of 80% and City participating ratio of 20%; and
WHEREAS, the Northwest Arkansas Regional Planning Commission has approved the
funding of professional design services in an amount not to exceed $320,000.00, which requires
the City to provide matching funds in an amount of up to $80,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a
Contract, a copy of which is attached as Exhibit "A", with Garver, LLC, in an amount not to
exceed $352,879.00 for the design of Rupple Road from Starry Night View to Mount Comfort
Road.
Section 2: That the City Council of the City of Fayetteville, Arkansas approves a budget
adjustment, attached hereto as Exhibit "B," in the amount of $352,879.00.
PASSED and APPROVED this 181h day of February, 2014.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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