HomeMy WebLinkAbout65-16 RESOLUTION113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Resolution: 65-16
File Number: 2016-0096
GARVER, LLC SUPPLEMENTAL AGREEMENT NO. 1:
A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 1 TO THE CONTRACT WITH
GARVER, LLC IN AN AMOUNT NOT TO EXCEED $455,066.00 FOR ADDITIONAL
ARCHEOLOGICAL TESTING AND MITIGATION SERVICES ASSOCIATED WITH THE
DESIGN OF A PORTION OF RUPPLE ROAD BETWEEN WEST STARRY NIGHT VIEW AND
WEST MOUNT COMFORT ROAD, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Supplemental
Agreement No. 1 to the contract with Garver, LLC in an amount not to exceed $455,066.00 for additional
archeological testing and mitigation services associated with the design of a portion of Rupple Road between
West Starry Night View and West Mount Comfort Road.
Section 2: Thatthe City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment,
a copy of which is attached to this Resolution.
PASSED and APPROVED on 3/15/2016
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Sondra E. Smith, City Clerk Treasurer
Page I Printed on
3/16/16
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0096
Agenda Date: 3/15/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 10
GARVER, LLC SUPPLEMENTAL AGREEMENT NO. 1:
A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 1 TO THE CONTRACT
WITH GARVER, LLC IN AN AMOUNT NOT TO EXCEED $455,066.00 FOR ADDITIONAL
ARCHEOLOGICAL TESTING AND MITIGATION SERVICES ASSOCIATED WITH THE DESIGN
OF A PORTION OF RUPPLE ROAD BETWEEN WEST STARRY NIGHT VIEW AND WEST
MOUNT COMFORT ROAD, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Supplemental
Agreement No. 1 to the contract with Garver, LLC in an amount not to exceed $455,066.00 for
additional archeological testing and mitigation services associated with the design of a portion of
Rupple Road between West Starry Night View and West Mount Comfort Road.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 311612016
Paul Libertini
Submitted By
City of Fayetteville Staff Review Form
Legistar File ID
3/15/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/26/2016 Engineering /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
A Resolution to approve Supplemental Agreement No. 1 to the contract with Garver, LLC in the amount of
$455,066.00 for additional Archeological Testing & Mitigation Services associated with the design of Rupple Road,
and to approve a Budget Adjustment.
Budget Impact:
4520.9555.5314.00 Transportation Bonds
Account Number
06035.3100
Fund
Rupple Rd (BF Lane to Mt Comfort)
Project Number Project Title
Budgeted Item? Yes
Current Budget
$
141,802.00
Funds Obligated
$
125,297.00
Current Balance
16,505.00
Does item have a cost? Yes
Item Cost
$
455,066.00
Budget Adjustment Attached? Yes
Budget Adjustment
$
717,697.00
Remaining Budget
L L-
2709$ X6,00
V20140710
Previous Ordinance or Resolution # 34-14
Original Contract Number: 2310
Comments:
Approval Date:
CITY OF
FayP
V ��� ARKANSIq
MEETING OF MARCH 15, 2016
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Engineer
DATE: February 26, 2016
SUBJECT: A Resolution to approve Supplemental Agreement No. 1 to the contract
with Garver, LLC in the amount of $455,066.00 for additional Archeological
Testing & Mitigation Services associated with the design of Rupple Road,
and to approve a Budget Adjustment.
RECOMMENDATION:
Staff recommends City Council approval of Supplemental Agreement No.1 as the additional
work described below is warranted and necessary to comply with the stipulations incorporated
in the Memorandum Of Agreement (MOA) with the Federal Highway Administration, the
Arkansas State Highway & Transportation Department, the City of Fayetteville and the Arkansas
State Historic Preservation Officer (SHPO), and approval of the attached 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 (NWARPC). However, the subject project should be considered Phase I of the
overall project limits. The total project (Phase 1) 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.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
On February 18, 2014, Garver entered into a contract with the City for the design of Rupple
Road for a fee of $352,879.00. The proposed improvements 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). To date, Garver has completed the 50% plans and have scheduled a public
meeting in March 2016. Environmental concerns, specifically historically significant artifacts,
have delayed this project while staff and the consultant worked with SHPO to develop an
acceptable mitigation plan,
On September 23, 2015, the NWARPC awarded this project an additional $680,000 (80%) of
STP-A funds with a City match of $170,000 (20%) for a total of $850,000 for FFY 2016. This
funding is for the Environmental, Right Of Way and Utility phases of the Rupple Road project. A
portion of this funding will pay for Supplemental Agreement No. 1.
Total Federal -aid STP-A funding for this project is now $1,000,000.00 with a City match of
$250,000.00.
DISCUSSION:
Due to the findings of the Phase I Cultural Resources Survey and a letter dated November 14,
2014 from the Department of Arkansas Heritage, Phase II Archeological Testing and Phase III
Archeological Mitigation will be required in order for the project to proceed. The City entered
into the MOA in October 2015 in which SHPO has approved the Treatment Plan developed by
Flat Earth Archeology, LLC to mitigate the impacts to cultural and archeological artifacts due to
the forthcoming bridge and road construction over a site which has been recommended to be
eligible for inclusion in the National Register of Historic Places (NRHP). Supplemental
Agreement No. 1 with Garver, LLC is essentially necessary to incorporate the significant work
required of the subconsultant, Flat Earth Archeology, LLC which is critical to complying with the
environmental requirements of this historical project site.
BUDGET/STAFF IMPACT:
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. The cost of the services included in Supplemental Agreement
No. 1 will not exceed $455,066.00, with the City's share being 20% or $91,013.00.
Attachments:
Supplemental Agreement No. 1 for Engineering Services
MOA (Memorandum Of Agreement)
Treatment Plan by Flat Earth Archeology, LLC
Purchase Order
Supplemental Agreement No. 1
AHTD Job No. 040657
FEDERAL AID PROJECT (FAP) NO. STPU-9142(36)
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd)(Fayetteville)(S)
Date: -j - t - i LQ
WHEREAS, the City of Fayetteville and Garver, LLC (Garver) entered into an
Agreement for Engineering Services on February 18, 2014; and,
WHEREAS, the Agreement for Engineering Services contained provisions to prepare
an Environmental Assessment (EA) document in accordance with the National
Environmental Policy Act (NEPA) and it was later determined that a Categorical
Exclusion (CE) document was acceptable; and,
WHEREAS, the Agreement for Engineering Services excluded Archeological
Services beyond a Phase I Cultural Resources Survey. Due to the findings of the
Phase I Cultural Resources Survey and a letter dated November 14, 2014 from the
Department of Arkansas Heritage, Phase II Archeological Testing and Phase III
Archeological Mitigation will be required in order for the project to proceed; and,
WHEREAS, the City of Fayetteville desires for Garver to provide the supplemental
services to include both Phase II & Phase III Archeological Testing and Mitigation
services and reduce the scope of work for the environmental documentation from an
Environmental Assessment (EA) to a Categorical Exclusion (CE),
NOW THEREFORE, the following modifications will be made to the Agreement to
include the described additional items of work:
MODIFICATIONS:
1. The "Contract Ceiling Price" (Section 1.2) is increased by $455,066 from
$352,879 to $807,945.
2. The "Title I Services Ceiling Price" (Section 1.12) is increased by $455,066
from $352,879 to $807,945.
3. The "Title I Fixed Fee" (Section 3.4) is decreased by $1,841.00 from
$34,271.00 to $32,430.00.
4. See Attachment A for modification to Section 7.3 Environmental
Documentation, Section 13.1 Environmental Deliverables, and 17.1.
5. See Attachment A-1 for modifications to Appendix A — Justification of fees and
costs.
6. See Attachment B for a Subconsultant agreement with Flat Earth Archeology,
LLC for Phase III Archeological Mitigation.
7. See Attachment B-1 for the Justification of Fees for the Flat Earth Archeology,
LLC Subconsultant Agreement.
8. See Attachment B-2 for the Certification of the Subconsultant.
IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 1, to
be effective upon the date set out above.
GARVER, LLC
BY:
Sr. Project Manager
ATTACHMENT A
SA -1
State Job No. 040657
Federal Aid Project No. STPU-9142(36)
The following modifications shall be made to Sections 7.3, 13.1, and 17.1:
7.3.1.The Consultant will prepare a Tier Three Categorical Exclusion (CE) document that will
meet AHTD and FHWA standards in accordance with the National Environmental Policy Act
(NEPA). The Consultant shall undertake the following additional items:
• Perform specialist studies for the preferred alternative: Phase I Cultural Resources
Survey, Phase II Archeological Significance Testing, Phase III Archeological Mitigation,
Wetland Delineation, Hazardous Materials database review, and Noise Analysis
• Organize and participate in one public involvement meeting
• Develop and coordinate approval of a CE
7.3.4.Tier Three Categorical Exclusion - The Consultant will perform social, economic, and
environmental studies for inclusion in the environmental documentation. The goal is to
provide the documentation necessary to obtain FHWA approval of a CE. The work to be
performed shall consist of preparing a CE document based on the NEPA process for the
proposed project in accordance with AHTD and FHWA policies and procedures. 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 — [Add the additional tasks]
Phase II Archeological Significance Testing — Perform additional testing in accordance
with the SHPO determinations and findings of the Phase I Study. Fieldwork will
include excavation of 1 x 1 meter units at the three archeological sites, project
paperwork, historical research, permanent curation of any artifacts found with the
University of Arkansas Collections Facility and their associated fees, written report for
project and recommendations for SHPO review.
• Phase Ill Archeological Mitigation — Prepare a Memorandum of Agreement and
Treatment Plan for the Archeological Site 3WA235. Perform archeological mitigation
of the project site as described in the subconsultant contract with Flat Earth
Archeology, LLC.
7.3.12. Public Hearing — Not Applicable
7.3.13. Prepare Tier Three Categorical Exclusion Document - A draft CE will be prepared and
submitted electronically to the City of Fayetteville and AHTD for review and comment. Any
necessary revisions to the draft CE will be incorporated. Submit final draft to the Owner
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. The
Consultant 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.
7.3.14. Finding of No Significant Impact (FONSI) — Not Applicable.
ATTACHMENT A
SA -1
13. DELIVERABLES
State Job No. 040657
Federal Aid Project No. STPU-9142(36)
13.1. Environmental
13.1.10. Draft CE 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 CE submittal to City of Fayetteville, the AHTD and the FHWA
13.1.12. Not Applicable
13.1.16. Phase II Archeological Significance Testing Findings Report (4 copies)
13.1.17. MOA and Treatment Plan for Archeological Site (4 copies)
17. TERM, COMMENCEMENT. AND COMPLETION
17.1. This Agreement shall commence on the effective date set forth and remain in effect until the
completion of the Consultant's Scope of Services, as defined herein, to be completed within a
period of 30 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.
ATTACHMENT A-1
SUPPLEMENTAL AGREEMENT 1 - Justification of Costs and Fees Revision
December 30, 2015
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
SUMMARY
PROJECT ADMINISTRATION
HOURS
SALARY
FEE
EXPENSES
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
$6,106
ENVIRONMENTAL
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
594
$59,797
$7,176
$1,978
$68,951
SA#1 -Garver
(157)
($15,342)
($1,841)
$21,235
$4,052
SA #1 - Flat Earth Archeology, LLC (Subconsultant Agreement)
15,066
$298,920
$20,000
$132,094
$451,014
GEOTECHNICAL INVESTIGATION
HOURS
SALARY
FEE
EXPENSES
TOTAL
GHBW (Subconsultant Agreement)
258
$20,631
$2,476
$3,509
$26,615
BRIDGE
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
910
$95,856
$11,503
$600
$107,959
ROADWAY DESIGN, 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
$4,934
PROJECT TOTALS
HOURS
SALARY
FEE
EXPENSES
TOTAL
Garver
2,872
$270,235
$32,430
$27,651
$330,316
GHBW
258
$20,631
$2,476
$3,509
$26,615
Flat Earth Archeology, LLC
15,066
$298,920
$20,000
$132,094
$451,014
Original Total
3,287
$306,208
$36,747
$9,925
$352,879
SA #1 Total
14,909
$283,578
$18,159
$153,329
$455,066
Project Total
18,196
$589,786
$54,906
$163,254
$807,945
1 of 2
SUPPLEMENTAL AGREEMENT 1 - Justification of Costs and Fees Revision
December 30, 2015
W. Starry Night View - W. Mount Comfort Rd. (N. Rupple Rd.)(Fayetteville) (S)
Job 040657
ENVIRONMENTAL AMENDMENTS - GARVER
2 of 2
ATTACHMENT B
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 February
18, 2014. Garver, LLC ("Consultant") and Flat Earth Archeology, LLC ("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 extension of Rupple Road
from W. Starry Night View to W. Mount Comfort Road in Fayetteville, Washington
County, Arkansas.
2.2. The project generally consists of providing environmental documentation, surveys,
geotechnical studies, traffic studies, hydraulic studies, roadway & bridge design and plans,
and right of way plans. Storm drainage systems, maintenance of traffic and other
incidental systems and facilities will be designed and constructed as necessary.
2.3. The proposed improvements will begin at W. Starry Night View and proceed
approximately 2,000 linear feet to W. Mount Comfort Road.
2.4. "Services to be Provided by Subconsultant." Flat Earth Archeology, LLC will perform
the following tasks regarding the Cultural Resources for the project:
2.4.1.Subconsultant will prepare a Treatment Plan for inclusion in the MOA related to the
mitigation of Site 3WA235. All work will conform to the standards set for the State of
Arkansas as described in A State Plan for the Conservation of Archeological
Resources in Arkansas and the standards set by the U.S. Secretary of Interior's
Standards and Guidelines for Archeological and Historic Preservation. The
Treatment Plan will be subject to approval from the City of Fayetteville, AHTD, the
State Historic Preservation Office, and the FHWA.
2.4.2.Subconsultant will contact landowners to secure right of access as needed prior to
accessing field work locations. Underground utility locations will be cleared prior to
beginning field work.
B-1
2.4.3.Subconsultant will perform the field work as defined in the approved MOA and
Treatment Plan including the mechanized stripping under the direct supervision of a
Registered Professional Archeologist (RPA), establishing the metric grid, hand
excavations, screening, and recording of artifacts.
2.4.4.All artifacts recovered in the field will be bagged and assigned an FSN number and
each bag will contain pertinent information regarding the project number, site
number, feature or unit number, level and depth, date, and archeologist's initials.
2.4.5. If human remains are found, all work in the vicinity that could disturb the remains will
cease. The remains will be left as found, covered, and reasonable measures will be
made to safeguard the find until the proper authorities and parties can be identified
and briefed. The City of Fayetteville, AHTD, SHPO, and relevant law enforcement
agencies will be contacted immediately upon discovery.
2.4.6.Subconsultant will perform the laboratory testing as defined in the approved MOA
and Treatment Plan including washing, sorting, testing, analyzing, and preparations
required for the permanent curation with the University of Arkansas Collections
Facility in accordance with the Arkansas State Plan.
2.4.7.Subconsultant will prepare a Management Summary report containing the results of
the excavations & analysis, document the methods & procedures, and address the
data needs as outlined in the Treatment Plan. The report will meet all guidelines
outlined in the Arkansas State Plan and will be submitted to the signatories of the
MOA and the Arkansas Archeological Survey (AAS) within one year of completion of
the field work.
3. COSTS, FEES, PAYMENTS AND RATE SCHEDULES
3.1. This Agreement is a cost -plus -fixed -fee contract. The Subconsultant is being hired to
perform professional services in connection with the Project as set forth herein. In
consideration for Title I services performed, the Consultant will reimburse the
Subconsultant for allowable direct and indirect costs, as defined herein, and pay the
Subconsultant a fixed fee. If Title II services are to be performed, the Consultant will
reimburse the Subconsultant for allowable direct costs and also pay the Subconsultant 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 II Multiplier.
3.2. "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 Subconsultant under this Agreement shall be 20 percent.
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
$36.00
$42.00
Project Manager
$27.00
$33.00
Field Crew Chief
$18.00
$24.00
Field Technician
$14.00
$20.00
Laboratory Technician
$14.00
$18.00
Equipment Operator
$18.00
$23.00
B-2
3.4. The Consultant shall reimburse the Subconsultant 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 Subconsultant must comply with all federal and state
wage and hour laws and regulations, regardless whether the overtime is considered
reimbursable under this Agreement.
3.5. For the work described herein, the Consultant will pay the Subconsultant on a cost
plus fixed fee basis. The total Ceiling Price for the professional services will be
$451,014 with a fixed fee of $20,000. The justification for the fees and costs is
contained in Appendix B-1. The Subconsultant will submit monthly invoice indicating the
amount complete. Consultant 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.
3.6. The Consultant 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
Consultant's invoice to the Owner for that month. Payment to the Subconsultant will be
made within 10 days of the Consultant receiving payment from the Owner for the
Subconsultant work included in each invoice.
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.
6. RECORDS & AUDITS
B-3
6.1. 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.
6.2. Examination. The Subconsultant shall maintain, and the Owner, 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 Subconsultant's offices and facilities,
or parts of them, engaged in performing the Agreement.
6.3. Supporting Data. If the Subconsultant 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, 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.
6.4. Audit. The Owner, FHWA, or their authorized representatives, shall have access to
and the right to examine any of the Subconsultant's records involving transactions related
to this Agreement or a subcontract hereunder.
6.5. Reports. If the Subconsultant is required to furnish cost, funding, or performance
reports, the Owner, 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 Subconsultant's policies and procedures to produce data
compatible with the objectives of these reports and (2) the data reported.
6.6. Availability. The Subconsultant shall retain and make available at its office at all
reasonable times the records, materials, and other evidence described in this section and
Section 29, Disputes and Claims, for examination, audit, or reproduction, until six years
after final payment under this Agreement, or for any longer period required by statute or
by other clauses of this Agreement. In addition -
6.6.1 . 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,
B-4
6.6.2.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.
7. SUBCONTRACTING
7.1. Unless expressly disclosed in Appendix B, the Subconsultant 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.
7.2. Unless the consent or approval specifically provides otherwise, neither consent by the
Owner to any subcontract nor approval of the Subconsultant'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 Subconsultant of any responsibility, obligation, or duty
under this Agreement.
7.3. 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.
7.4. 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.
7.5. 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.
8. COVENANT AGAINST CONTINGENCY FEES
8.1. 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
B-5
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.
8.2. 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.
8.3. 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.
8.4. 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.
8.5. 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.
9. TITLE VI ASSURANCES (NONDISCRIMINATION)
During the performance of this Subconsultant Agreement, the Subconsultant, for itself,
successors, and assigns, certifies and agrees as follows:
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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, 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.
9.5. 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.
9.6. 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.
10. DBE CLAUSE
10.1. 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.
10.2. 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,
B-7
• 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.
10.3. The Subconsultant shall insert a clause containing all the terms of this section in all
subcontracts under this Subconsultant Agreement.
11. TITLE I1 OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION)
11.1 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.
11.2 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 Subconsultant shall not participate either directly or indirectly in any
discrimination prohibited by the Regulations, including employment practices.
11.3 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.
12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS
12.1. The Subconsultant certifies, to the best of its knowledge and belief, that -
12.1.1. The Subconsultant and any of its Principals -
12.1.1.1. Are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any federal or state agency;
12.1.1.2. 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;
12.1.1.3. 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,
12.1.1.4. 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.
12.2. 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
B-8
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.
12.3. 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.
12.4. 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.
13. INSURANCE
13.1. Professional Liability Insurance Coverage. The Subconsultant 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 $2,000,000, whichever is less. Such insurance shall
extend to the Subconsultant and to its legal representatives in the event of death,
dissolution, or bankruptcy, and shall cover the errors, omissions, or negligent acts of the
Subconsultant'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 Subconsultant or alleged to have been committed by the
Subconsultant or any person for whom the Subconsultant is legally responsible.
13.2. Deductible. The Subconsultant may maintain a professional liability insurance policy
with a deductible clause in an amount approved by the Consultant if, in the judgment and
opinion of the Consultant, the Subconsultant's financial resources are sufficient to
adequately cover possible liability in the amount of the deductible. The Subconsultant shall
submit promptly to the Consultant, upon request as often as quarterly, detailed financial
statements and any other information requested by the Consultant to reasonably determine
whether or not the Subconsultant's financial resources are sufficient to adequately cover
possible liability in the amount of the deductible.
13.3. Worker's Compensation Insurance. The Subconsultant shall at all times during the
Term of this Agreement maintain Worker's Compensation and Employers Liability
Insurance as required under Arkansas law.
13.4 General Liability Insurance. The Subconsultant 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 Subconsultant'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 Subconsultant.
13.5 Insurance Policies and Certificates. The Subconsultant shall provide the Consultant
upon request copies of its insurance policies and evidence satisfactory to the Consultant
concerning the effectiveness and the specific terms of the insurance. Prior to the execution
of this Agreement, the Subconsultant shall furnish to the Consultant 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 Subconsultant's failure to provide and continue in force and effect
any insurance required under this Article shall be deemed a Default for which Consultant,
in its sole discretion, may terminate this Agreement immediately or on such other terms as
it sees fit.
13.6 Additional Insurance Requirements. All insurance maintained by the Subconsultant
pursuant to this Section shall be written by insurance companies licensed to do business in
Arkansas, in form and substance satisfactory to the Consultant, 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 Consultant.
13.7 Duration of Insurance Obligations. The Subconsultant 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
Subconsultant'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 Subconsultant'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 Subconsultant's services, whichever
comes first.
13.8 Subconsultant's Insurance Primary. All insurance policies maintained by the
Subconsultant pursuant to this Agreement shall provide that the subconsultant's insurance
shall be primary and the Consultant's own insurance shall be non-contributing.
13.9 Additional Insured. All liability insurance policies, except the professional liability policy,
maintained by the Subconsultant pursuant to this Agreement shall be endorsed to include
the Owner, Consultant, Commission and their 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 Consultant.
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14. NOTICE
14.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be mailed or hand -delivered to:
14.1.1. To the Subconsultant:
Chris Branam, RPA
Flat Earth Archeology, LLC
117 Financial Drive
Cabot, AR 72023
14.1.2. To the Consultant:
Ron Petrie, PE
Garver, LLC
2049 E. Joyce Boulevard, Suite 400
Fayetteville, AR 72703
IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be
effective
Garver, LLC.
BY:
Ronald S. Petrie, PE
Sr. Project Manager
? 23 6
ate
Flat Earth Archeology, LLC
BY:
Chris Branam, RPA
Principal/Office Manager
ate
B-11
ATTACHMENT B - I - Justification of Costs and Fees
December 30, 2015
W. Starry Night - W. Mount Comfort Rd. (N. Rupple Road)(Fayetteville)(S)
Job 040657
RCHEOLOGICAL
MANHOURS
Phase III Mitigation
Treatment Plan Preparation 34 34
Field Work (21 Field Techs, 2 Crew Chiefs, 1 PM) 528 1,056 11,088 12,672
Backhoe Stripping 40 80 40 160
Laboratory Analysis 1,600 1,600
Management/Coordination 120 120
Final Report 480 480
TOTAL MH - ARCHEOLOGICAL ( 0 1 1,162 1 1,096 ( 12,768 I 40 I 15,066 II
I LABOR COSTS
PR - Principal
$40.00
0
$0
PM - Project Manager
$30.00
1,162
$34,860
CC- Field Crew Chief
$20.00
1,096
$21,920
FLT - Field/Laboratory Technician
$15.00
12,768
$191,520
EO - Equipment Operator
$20.00
40
$800
Subtotal
$249,100
Overhead
20.00%
$49,820
Subtotal
$298,920
Fee
$20,000
FCCM
0.00%
$0
Subtotal
Labor Costs
$318,920
EXPENSES
Printing (8.5x11)
13,400
each
$0.10
$1,340
Vehicle mileage
5,370
mile
$0.55
$2,954
Travel expenses (23 Staff Members for 80 calendar days)
1,840
day
$65.00
$119,600
Backhoe equipment rental
5
day
$50.00
$250
Radiocarbon Dating Tests (Beta Analytics)
3
each
$600.00
$1,800
Protein/Lipid Residue Analysis Test (Paleo Research)
4
each
$500.00
$2,000
Pollen/Starch Analysis (Paleo Research)
2
each
$600.00
$1,200
Curation Fee (Arkansas Archeological Survey)
10.0
cu ft
$145.00
$1,450
Geomorphology Investigation and Report (University of Arkansas)
1
LS
$1,500.00
$1,500
Subtotal Expenses
$132,094
TOTAL COSTS - ARCHEOLOGICAL
$451,014
I of 1
ATTACHMENT B-2 State Job No. 040657
SA -1 Federal Aid Project No. STPU-9142(36)
CERTIFICATION OF CONSULTANT
I hereby certify that I, Chris Branam, am a Principal and duly authorized representative of the firm of Flat
Earth Archeology, LLC whose headquarters address is 117 Financial Drive, Cabot, 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
Flat Earth Archeology, 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 Chris Branam (ADA/504/Title VI
Coordinator), 117 Financial Drive, Cabot, AR 72023, (501.286.7124), or the following email address:
ch risb@flateartharcheology.com.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
Authorized Firm Representative Date
icii
iE DEPARTMENT nF ARKANSAS
JEDITAGF
Asa Hutchinson
Governor
Stacy Hurst
Director
Arkansas Arts Council
Arkansas Natural Heritage
Commission
Delta Cultural Center
Historic Arkansas Museum
September 29, 2015
Mr. Ryan C. Mountain
Senior Environmental Scientist/Specialist
Transportation Team
Garver, Inc.
2049 East Joyce Boulevard, Suite 400
Fayetteville, AR 72703
RE: Washington County — Fayetteville
Section 106 Review — FHWA
11emorandrim ofAgreement Among the Federal Highway Administration,
Arkansas State Highwcry, and Transportation Department, City of
Fayetteville, Arkansas and Arkansas State Historic Preservation OJIcer,
Regarding the City of Fayetteville AHTD Job Number 040657 Rupple
Road Widening and Relocation, W ' Starry Night View to W Mt. Comfort
Road, City of Fayetteville , Washington County, Arkansas
AHPP Tracking Number 90809.06
Dear Mr. Mountain:
Mosaic -Cemplars
osc�ai,ral center Enclosed please find a signed copy of the Memorandum of Agreement on the
referenced undertaking. Please circulate among the consulting parties for
Old State House Museum signature and send us a copy of the ratified agreement.
Thank you for the opportunity to review this undertaking. Please refer to the
AHPP Tracking Number listed above in all correspondence. If you have any
+� * questions, please call Bob Scoggin of my staff at 0l-324-.9270
Sincerely,
Arkansas Historic
Preservation Program s ��-
�`t Frances McSwain
. Deputy State Historic Preservation Officer
?23 Center Street. Suite too End: Memorandum of Agreement
Little Rock, AR 72201
(501) 324-9880 cc: Mr. Randall Looney, Fl-IWA
flax: (501) 324-9184 Dr. Andrea Hunter, Osage Nation
tdd: 711 Ms. Kim Jumper, Shawnee Tribe of Oklahoma
e-mail: Mr. John Fleming, AHTD
Dr. Ann Early, Arkansas Archeological Survey
'el, r Cin r Gr tttou Q
An Equal Opportunity Employer
MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL FUG-IWAY ADMINISTRATION,
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT,
CITY -OF FAYETTEVILLE, ARKANSAS,
AND ARKANSAS STATE HISTORIC PRESERVATION OFFICER
Pursuant to 36 CFR §800.6(c)
Regarding the
City of Fayetteville
AHTD Job Number 040657
Rupple Road Widening and Relocation, W. Starry Night View to W. Mt. Comfort Road
City of Fayetteville, Washington County, Arkansas
WHEREAS, the Federal Highway Administration (FHWA) has determined that Arkansas State
Highway and Transportation Department (AHTD) Job Number 040657, the Rupple Road
Widening and Relocation from W. Starry Night View to W. Mt. Comfort Road in the City of
Fayetteville, is necessary to serve the transportation needs of the area to improve traffic flow and
safety in the project area; and
WHEREAS, the FHWA has also determined that the Rupple Road Widening and Relocation will
have an effect on properties that are eligible for inclusion in the National Register of Historic
Places (NNRHP), and has consulted with the Arkansas State Historic Preservation Officer (SHPO)
pursuant to 36 CFR Part $00, regulations implementing Section 106 of the National Historic
Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470 F); and
WHEREAS. after Phase 11 archeological testing of three archeological sites in the area of potential
effects (APE), one archeological site was recommended to be eligible for inclusion in the NRHP.
The FHWA in consultation with SHPO, has determined that archeological site 3WA235 is eligible
for the NRHP under Criterion D (research potential).
WHEREAS, the FHWA, in consultation with SHPO, has determined that a strategy to cap the
portion of 3WA235 within the proposed right-of-way of the Rupple Road Widening and
Relocation project is necessary to resolve the adverse effect to 3WA235, and a Treatment Plan
(Appendix A) has been developed by the signatories of the Memorandum of Agreement (MOA);
and
City of Fayetteville— Rupple Road Widening and Relocation
AHTD Job Number 040657 Page 1 of 8
Memorandum of Agreement
WHEREAS, the FHWA has consulted with representatives of the Caddo Nation and Osage Nation
regarding the project. The FHWA intends to meet its responsibilities, pursuant to Section
101(d)(6)(B) of the NHPA, to consult with Indian tribes that attach religious and cultural
significance to historic properties; and
WHEREAS, the definitions set forth in 36 CFR Part 800.16 are applicable throughout this MOA.
NOW THEREFORE, the FHWA, the AHTD, the City of Fayetteville and the SHPO agree that in
order to mitigate the adverse effect on 3WA235, the Project shall be implemented with the
following stipulations.
STIPULATIONS
The ATI-ID will ensure that the following stipulations are carried out.
RESOLUTION OF ADVERSE EFFECT ON THE HISTORIC PROPERTY (Site
3WA235)
1. The FHWA will ensure that the selected archeological contractor implements all
provisions, stipulations, techniques, methods, analyses, interpretation, and
documentation called for in this MOA and the attached Treatment Plan (Appendix
A).
2. No construction will be undertaken on the historic property until the required
mitigation has been completed and the SFIPO has reviewed the documentation and
found it acceptable.
3. The City of Fayetteville shall ensure that adequate time and finding are provided
to carry out all aspects of the required mitigation.
I[. HUMAN REMAINS
If human remains are encountered during implementation of the project, all activity in the
vicinity of the discovery shall cease, and the AHTD will immediately notify local law
enforcement and the SHPO. The treatment of human remains shall follow the guidelines
developed for the Arkansas Burial Law (Act 753 of 1991, as amended) and the Advisory
Council on Historic Preservation's "Policy Statement Regarding, Treatment of Burial Sites,
Human Remains, and Funerary Objects" published February 23, 2007.
III. DURATION
This MOA will remain in effect for a period not to exceed ten years from the date of
ratification, or until the proposed construction is complete. It may be extended by
agreement of all the signatories.
IV. PROFESSIONAL QUALIFICATIONS STANDARDS
The AHTD shall ensure that all archeological investigations and other historic preservation
activities to this MOA are carried out by, or under the direct supervision of, a person or
City of Fayetteville — Rupple Road Widening and Relocation
AHTD Job Number 040657 Page 2 of 8
Memorandum of agreement
persons meeting the appropriate qualifications set forth in the Secretary of the Interior's
professional qualification standards (48 CFR 44739).
V. ARCHEOLOGICAL FIELDWORK AND REPORT STANDARDS
All archeological field work and report writing shall follow the Secretary of the Interior's
Standards and Guideline for Archeology and Historic Preservation (48 CFR 44716-39) and
Appendix B ofA State .Plan Jr the Conservation of Archeological Resources in Arkansas
(Davis and Early 2010).
VI, DISCOVERY SITUATIONS
Pursuant to 36 CFR part 800.13, if cultural material is discovered during implementation
of the project, the City of Fayetteville shall ensure that all construction activities cease in
the area of the discovery and that the consulting parties are notified. The FHWA and the
SHPO shall determine if the discovery is eligible for inclusion in the National Register of
Historic Places. If so, the City of Fayetteville will develop a treatment plan for historic
properties which shall be reviewed and approved by the FHWA, the AHTD, and the SHPO.
Disputes arising from such review shall be resolved in accordance with Stipulation VII.
VII. DISPUTE RESOLUTION
Should the SHPO or any consulting party object to any findings, proposed actions or
determinations made pursuant to this MOA, the FHWA shall consult with the objecting
party to resolve the objection. If the FHWA determines that the objection cannot be
resolved, it shall request further comments from the Advisory Council on Historic
Preservation (Council) pursuant to 36 CFR Part 800.6(b). Any Council comment provided
in response to such a request shall be taken into account by the Fl-IWA in accordance with
36 CFR 800.6(b)(2) with reference only to the subject of the dispute. The FHWA
responsibility to carry out all actions under this MOA that are not subject to dispute shall
remain unchanged.
VIII. MONITORING
The consulting parties or one or more parties in cooperation may monitor the undertaking
and stipulations carried out pursuant to this MOA.
IX. AMENDING THE MEMORANDUM OF AGREEMENT
Should any of the signatories to this MOA believe that the terms of this MOA are not being
met, or cannot be met, that party shall immediately notify the other signatories and request
consultation to amend this MOA in accordance with 36 CFR Part 800.6(c), The process to
amend this MOA shall be conducted in a manner similar to that leading to the execution of
this MOA.
X. TERMINATING THE MEMORANDUM OF AGREEMENT
Any signatory to this MOA may terminate it by providing thirty (30) calendar days written
notice to the other parties, provided that the parties shall consult during the period prior to
City of Fayetteville — Rupple Road Widening and Relocation
AHTD Job Number 040657 4 Page 3 of 8
Memorandum of Agreement
termination to seek agreement on amendments or other actions that would avoid
termination. In the event of termination, the FHWA shall comply with 36 CFR Part 800.4
through 800.6 with regard to the undertaking covered by this MOA.
XI. FAILURE TO CARRY OUT THE MEMORANDUM OF AGREEMENT
In the event the FHWA does not carry out the terms of the MOA, the FHWA shall comply
with 36 CFR Part 800.4 through Part 800.6 with regard to the undertaking covered by this
MOA.
XII. FULFILLMENT OF SECTION 106 RESPONSIBILITIES
Execution and implementation of this MOA evidences that the Fl-IWA has taken into
account the effect of the undertaking on the historic properties.
City of Fayetteville -- Rupple Road Widening and Relocation
AHTD Job Number 040657 Page 4 of 8
Memorandum of Agreement
SIGNATORY PARTIES
FEDERAL HIGHWAY ADMINISTRATION
,i. A gel CorreaCorrea7 Date
F/ Arkansas Division Administrator
City of Fayetteville Rupple Road 'Widening anti Relocation
AHTD Job Number 040657 Page 5 of 8
Memorandum of Agreement
SIGNATORY PARTIES
ARKANSAS HISTORIC PRESERVATION PROGRAM
4LLIiW / 93
Stacy Hurst Date
Arkansas State 1istoric Preservation Officer
City of Fayetteville — Rupple Road Widening and Relocation
AHTD Job Number 040657 Page 6 of 8
Memorandum of Agreement
SIGNATORY PARTIES
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
City of Fayetteville -- Rupple Road Widening and, Relocation
AHTD Job Number 040657 Page 7 of 8
Memorandum of Agreement
SIGNATORY PARTIES
CITY OF FAYETTE-VILLl
/////
Date
City of Fayetteville — Rupple Road Widening and Relocation
AHTD Job Number 040657 Page 8 of 8
NOT FOR PUBLIC RELEASE
NOT FOR PUBLIC RELEASE
TREATMENT PLAN FOR THE PREHISTORIC
ARCHEOLOGICAL SITE 3WA235
ASSOCIATED WITH THE
RUPPLE ROAD REALIGNMENT PROJECT
WASHINGTON COUNTY, ARKANSAS
Prepared by:
Flat Earth Archeology, LLC
117 Financial Drive
Cabot, AR 72023
Authored by:
Chris Branam, RPA
and
Eric Mills, MA
Prepared for:
Garver Engineering Consultants
2049 E Joyce Blvd
Fayetteville, AR 72703
August 2015
NOT FOR PUBLIC RELEASE
TABLE OF CONTENTS
Introduction............................................................................................1
Data Recovery as an Appropriate Treatment......................................................2
Intentional Site Burial as an Appropriate Treatment Plan .......................................2
TheSite................................................................................................. 3
Research Domains and Questions..................................................................7
Chronological Domain.............................................................7
Site Function Domain...................................................................7
Subsistence Domain................................................................8
Technology Domain................................................................9
Geomorphological Environmental Domain.....................................9
FieldMethodology.............................................................................10
LabMethodology...........................................................................13
ReportProduction..........................................................................1 6
WorkSchedule.................................................................................17
ReferencesCited....................................................................................18
List of Figures
Figure 1. Figure 1. Site 3WA235 in 2014 ROW and in 2015 revised ROW................5
Figure 2. Area A and Area B at Site 3WA235 inside proposed (revised) ROW............6
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
INTRODUCTION
The City of Fayetteville, in cooperation . with the Arkansas State Highway and
Transportation Department (AHTD), proposes to widen and relocate a portion of N. Rupple Road
between W. Starry Night View and W. Mt. Comfort Road. Proposed improvements originally
included construction of approximately 1,800 feet (548.6 meters) of new roadway to the east of
the existing alignment to connect with the existing intersection of Rupple Road (to the north) and
Mt. Comfort Road. The Right -of -Way (ROW) for a portion of this new intersection had been
purchased and preliminary earthwork completed. The proposed new roadway will consist of new
driving lanes and a new bridge over Hamestring Creek.
Under contract with Garver, Inc. (Garver), Flat Earth Archeology, LLC (Flat Earth)
conducted Phase II cultural resources significance testing of site 3WA235 within the then proposed
ROW for the widening and relocation of Rupple Road in Fayetteville, Washington County,
Arkansas. Flat Earth conducted fieldwork November 5 through 13, 2014. The project area within
the ROW during the Phase II testing comprised of approximately 12,150 square meters (3 acres)
oriented on a southwest/northeast axis. North of Hamestring Creek, Flat Earth excavated four 1
meter x 1 meter test units in 10 -centimeter arbitrary levels to depths ranging from 60 centimeters
below datum (cmbd) to 110 cmbd. All test units were positive for cultural materials.
Site 3WA235 is a Middle to Late Archaic period site that produced 2,630 prehistoric lithic
artifacts in the four 1 x 1 meter units, including eight diagnostic tools. The site within the proposed
ROW exhibited intact soils and deep cultural deposits. The site retains a high degree of integrity.
As per the regulations promulgated in 36 CFR 60.4, Flat Earth Archeology recommended Site
3WA235 eligible for listing in the National Register of Historic Places (NRHP) under criterion D;
the site yielded information, and may be likely to yield additional information important in
prehistory or history. Flat Earth advised avoidance or (in the event avoidance is not possible) the
development a memorandum of agreement and a mitigation/treatment plan in consultation with
the State Historic Preservation Officer and interested Native American tribes before proceeding
with ground disturbing activities associated with the proposed Rupple Road Widening and
Relocation project.
In a letter dated March 24, 2015 (AHPP Tracking No. 90809.5), SHPO concurred with the
findings of the Phase II report by Flat Earth Archeology and recommended that "any future adverse
effects on this property should be mitigated." The following treatment plan serves as the approach
to reach a no adverse effect finding per Section 106 of the National Historic Preservation Act, as
amended, and its implementing regulations, 36 CFR § 800.
In a meeting on April 14, 2015 that included representatives from the City of Fayetteville,
Garver, AHTD, Flat Earth Archeology, and acting Section 106 Coordinator Steve Imhoff, the
proposal for partially capping the site (intentional site burial) was discussed. Steve Imhoff
suggested that partial capping was an appropriate mitigation for the site and that data recovery
would be needed for areas that were to be directly disturbed by the bridge and road construction.
Additionally, the design plans were altered to narrow the proposed ROW in an effort to lessen the
roadway footprint on Site 3WA235. The proposed ROW was reduced from 3 acres to 1.4 acres
NOT FOR PUBLIC RELEASE Treatment Plan for Site 3WA235
(Figure 1). The City of Fayetteville is proposing a combination of data recovery and intentional
site burial as mitigation at Site 3WA235.
DATA RECOVERY AS AN APPROPRIATE TREATMENT
The small portion of Site 3WA235 located inside the proposed project ROW will be
partially destroyed by the relocation of Rupple Road. Mitigation of the site will yield additional
data that will contribute to further understanding the prehistory of the area. The data collected will
provide an opportunity to compare and contrast the site with other well documented sites of the
same period in the Arkansas Ozarks Study Unit — found in A State Plan for the Conservation of
Archeological Resources in Arkansas (Davis and Early 2010). Because Site 3WA235 meets
Criterion D for eligibility to the NRHP, mitigation measures are recommended in the treatment
plan. Data recovery is the most agreed -upon treatment measure to mitigate adverse effects to
archeological sites eligible or listed under Criterion D because it preserves important information
that would otherwise be lost.
PARTIAL INTENTIONAL SITE BURIAL AS AN APPROPRIATE TREATMENT
Intentional burial of archeological sites involves the placement of an engineered protective
covering designed to enhance the long-term preservation of the site. Under certain circumstances
protective burial, or capping of archeological deposits can be desirable to provide a protective
cover from impacts related to construction activities, such as roadways. In proposing intentional
burial under this scenario, the potential for introducing new or different adverse conditions has to
be considered (i.e. changes in the groundwater table or flow characteristics, changes in pH
conditions, the effects of compaction, and the changes in surface topography that may affect future
erosion patterns). Recent examples of site burial recommendations or actual use of burial
procedures can be found in the burial of Site 23HE260 at Harry S. Truman Lake in Missouri
(Nickens 1999), intentional burial of two sites below a highway in Texas (Mathewson 1994), and
the 1993 Arkansas Highway and Transportation Department's evaluation of site burial options for
the Brown Bluff Site in Arkansas.
2
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
THE SITE
Site 3WA235 is located on a low southeast/northwest trending terrace complex on the north
side of Hamestring Creek. The soil types covering this area are Guin very gravelly silt loam, 3 to
8 percent slopes (Clarksville) and Razort gravelly silt loam, occasionally flooded. In 1975,
Monroe Hutton first documented 3WA235 as a Late Archaic period site located south of
landowner Floyd Harris' house, north of Hamestring Creek, and "east of road" (presumably
Rupple Road). There is a May 24, 1983 memo in the Remarks and Recommendations section of
the 1975 site form noting that 3WA235 possibly overlaps 3WA442. Hutton collected Late Archaic
projectile points, bifacial blades, and preforms. There is no site map with the original form and no
mention of size or extent of the site. In July 2014, Garver conducted the initial Phase I
archeological survey as part of an investigation to address archeological resources within a 17.1
acre ROW for the widening and relocation of Rupple Road. The survey revisited the previously
recorded Site 3WA235 and further archeological work was recommended.
The table of artifacts in the October 2014 Garver report notes 160 artifacts recovered from
32 positive STPs. Artifacts include 129 chert flakes, 4 limestone flakes, 12 pieces of angular debris,
2 modified flakes, and a corner notched projectile point from 28 positive STPs at 3WA235. Garver
typed the point as having attributes of Early -Middle Archaic Kirk Corner Notched or Stanley
Stemmed points. Additional artifacts included nine non -diagnostic historic period artifacts from
four positive STPs and three historic artifacts recovered from the surface (McCullough 2014).
Reeds Spring chert and Keokuk chert were the most prevalent lithic materials recovered in
the Project Area during the Phase II testing. Neither material is exotic to northwest Arkansas. The
distribution area for the Reeds Springs and Burlington -Keokuk Formations includes Washington
County, Arkansas as well as adjacent counties to the east, west, and north (Ray 2007: 179; 200).
The prevalence of these chert types, approaching the total exclusion of other chert types, may
signify a dependence on and/or preference for local lithic material sources. In the Ozarks and
surrounding regions, there are many different names for chert from the Burlington -Keokuk
Formation. Categorization is further confounded with the overlap of Burlington formations by
Osagean age chert in southwest Missouri, often resulting in the application of the Undifferentiated
Osagean category to specimens of this origin. Additionally, some in northern Arkansas and
northeast Oklahoma refer to chert from the upper Burlington -Keokuk Formation as Boone, while
others employ the Keokuk appellation (Ray 2007: 194-195).
A large road construction berm extends from Mt. Comfort Road to the southwest for 100
meters (80 meters into the Project Area) (Figure 1). The berm covers approximately 2,425 square
meters (0.6 acre) of Site 3WA235 in the.proposed ROW (herein referred to as Area A) (see Figure
2). According to historic aerial imagery, the berm construction took place between September 28,
2009 and September 2, 2010 when county or municipal road work was completed near the
intersection of W. Mt. Comfort Road and Rupple Road. No cultural resources evaluation was
conducted during that period. The area beneath the berm may be largely undisturbed. The berm
was left intact during the Phase I survey and Phase II testing.
The portion of Site 3WA235 inside the proposed ROW not covered by the earthen berm
(herein referred to as Area B) is an area of 0.26 acres (1,052 square meters) (Figures 1 and 2).
3
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
Because the site contained intact subsurface deposits dating to the Mid -to -Late Archaic
period based on diagnostic artifacts recovered, the researchers concluded that the Site 3WA235
was eligible for inclusion to the NRHP based on Criterion D of 36 CFR § 60.4 and that a mitigation
plan should be developed for the portion of the site inside of the proposed ROW.
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
0 25 50 100 Meters
Rupple Road WideningtRelocation
Archeological Phi 11 Testing Map
1 1,500
Quadrangle: 1"ayettevillo 7,6"
Imagery. ESRI World (2013)
Setion. 1
?tee V 3 - €A23' a07(. ,sed to
Township. 16 North
Range: 31 West
Dote: August 2016
g g LLC
r yrendo$ , L
t', LC
c 5
a
: ,
...r
Figure 1. Site 3WA235 in NEPA Study Area and in 2015 revised ROW.
5
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
0 5 10 20 Meters
I I I
1:5 00
Rupple Road Widening/Relocation
Proposed Archeological Mitigation
Quadrangle: Fayetteville 7.5'
Imagery: ESRI World (2013)
Area of 3WA235 Proposed for
LJ Hand Excavation (26 acre)
Section: 1
Areas of 3WA235 Proposed for
Backhoe Scraping (20 acre)
Township: 16 North
Range: 31 West
Fiat 5or'ti Are%eokr e r LLB.
Date: August 2015
Figure 2. Area A and Area B at Site 3WA235 inside proposed (revised) ROW.
6
NOT FOR PUBLIC RELEASE Treatment Plan for Site 3WA235
RESEARCH DOMAINS & QUESTIONS
According to the State Plan data recovery mitigation should be designed to answer specific
research questions. Because so few open Archaic sites have been excavated in the Arkansas
Ozarks, focus of research questions must begin with chronological sequencing, then questions
regarding site function, subsistence, technology and adaptive strategies, and geomorphology can
be explored. Each of these problem domains are discussed individually.
It is also logical for Inter -site Comparisons to be a distinct problem domain in its own right.
However, in each of the following problem domains, Inter -site Comparison is embedded as a tool
for answering research questions. With this in mind, it was decided to focus on Inter -site
Comparison within each problem domain instead of creating a stand-alone domain specifically for
comparisons of similar sites in the region.
Chronology Domain
The evidence recovered during the Phase I survey and Phase II testing suggests the site is
associated with the Middle and Late Archaic periods. It has been stated that while cultures in the
Midwest and Southeastern United States were adopting the Woodland lifeways, peoples in the
Ozarks retained the Archaic lifeways for an extended period (Raab 1976, Sabo and Early 1990).
Some have suggested this is due to cultural isolation resulting from the rugged terrain in the region.
Though broader identification of period has been achieved at the site, locally specific cultural
phase affiliation has not yet been recognized.
1. Is there evidence for specific identifiable phase(s) or specific cultural affiliations?
2. What further evidence for Late Archaic period activities are present?
3. Is there evidence for an emergent or Early Woodland period characteristics at the site?
4. What is the complete range of material culture for the components identified?
5. Are there organic remains to be recovered at the site that could result in more exact
occupation date(s)?
Desired data to answer research questions include:
• Radiocarbon dates from multiple stages of occupations
• Analysis of diagnostic artifacts from multiple stages of occupations
• Comparison and contrast of data recovered from contemporaneous sites in the area
• Recovery of adequate numbers of artifacts associated with specific activity areas
ite Function Domain
The preponderance of cultural materials recovered at Site 3WA235 were lithic artifacts
suggesting the processing of meat or hunting activities. While no plant processing artifacts were
recovered during Phase I or Phase II at the site, their presence identified during the mitigation
would indicate another activity type at the site. The site function has yet to be clearly defined at
3WA235.
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
1. What does the lithic artifact assemblage indicate regarding site function and how does this
compare to contemporaneous sites in the region?
2. Is there evidence of faunal or floral remains intact at the site?
3. Is there residue evidence on stone tools for faunal processing or hunting and if so what type
species were processed with the tools?
4. What evidence exists to indicate a seasonal occupation versus a long term occupation at
the site?
5. Does the site function change over time if multiple occupations are found to have occurred
at the site?
6. Are there activity areas specific to particular functions present in horizontally or vertically
distinct parts of the site?
Desired data to answer research questions include:
• Flotation resulting in botanical analysis
• Analysis of recovered faunal remains and protein/lipid residue analysis from stone
tools that may have faunal residue
• Spatial analysis of artifact distribution across the site
• Stone tool reduction analysis of the artifact assemblage
• Functional analysis of lithic tools recovered
• Comparison of assemblage data recovered at contemporaneous sites in the area
Subsistence Domain
Sabo and Early (1990) have advanced the concept of adaptation types that views general
subsistence practices together with environmental settings for specific regions, classifying the Late
Archaic and Early Woodland periods as the Late Holocene Semi -Sedentary Adaptation Type in
which shifts in subsistence and procurement strategies are observed with changes in settlement
patterns. An increased reliance on cultivated plants for subsistence is generally viewed as the
impetus towards semi-sedentism.
1. What evidence is there for food procurement activities based on faunal and floral remains,
features, and/or the artifact assemblage?
2. What types of resources were utilized for subsistence?
3. Is there evidence of a shift from hunting and gathering to a greater reliance on cultigens?
4. Is there evidence of a shift from hunting specific species (i.e. larger mammals vs. smaller
game) and does this coincide with increased reliance on cultigens?
5. What species of cultigens are present at the site?
6. Is there evidence of seasonal or permanent resource exploitation at the site?
Desired data to answer research questions include:
• Identification of any flora and faunal remains in context with past occupations
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
• Identification and analysis of food procurement and/or processing tools
• Analysis of recovered faunal remains and protein/lipid residue from stone tools
that may have faunal residue
• Comparison of the subsistence related data to subsistence data of contemporaneous
sites in the area
Technology Domain
Technology refers to the ways humans apply tools and knowledge to exploit their physical
environment. Technology analysis focuses on raw materials that are exploited, selections of raw
materials, and techniques of manufacture.
1. Will further evidence of lithic resource procurement reflect exploitation of local stream
gravel deposits or lithic outcrops as the primary sources of lithic raw materials?
2. Is there evidence for changes in the raw materials procured at the site (i.e. introduction of
exotic materials)?
3. Will further evidence of preserved feature contexts reflect cooking and heating with
stones?
4. Is there evidence of changes over time in lithic tool manufacturing technologies at the site?
Desired data to answer research questions include:
• Analysis of raw material types in the lithic assemblage
• Spatial analysis of artifact distribution at the site
• Comparison and contrast to lithic manufacture and materials used at contemporaneous
sites in the area
Geomorphological Environmental Domain
Reconstruction of the environment during site occupation is achieved by geomorphological
analysis. This type of investigation can help identify age of sediments associated with cultural
deposits, identify changes in the environment during human occupation, and recognize potential
for deeply buried archeological deposits.
1. What is the geomorphological history at the site?
2. Is there evidence of depositional or post -depositional disturbance?
3. What environmental factors made this landform favorable for past human use?
Desired data to answer research questions include:
• Geomorphological analysis at the site by a geomorphologist
• Paleoenvironmental data from paleoethnobotanical remains
9
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
FIELD METHODOLOGY
The field methodology for mitigation of Site 3WA235 proposed by the City of Fayetteville
is a combination of intentional site burial in Area A, utilizing the existing earthen berm already
covering 2,425 m2 of the portion of Site 3WA235 inside the proposed ROW, and data recovery in
Area B utilizing hand excavations and mechanical scraping.
Area A
Because a substantial earthen berm covers a portion of Site 3WA235 inside the proposed
ROW, the City of Fayetteville proposes that the berm constitute intentional burial of this portion
of Site 3WA235 inside the proposed ROW (Area A) in an effort to preserve the probable intact
portion of Site 3WA235. The City of Fayetteville recommends the construction of a retaining wall
along the edges of the existing berm to hold the berm in place. The proposed roadway would then
be constructed over the berm. The design plans for the retaining walls and the roadway would
have to include provisions to account for potential future impacts to Site 3WA235 (both inside and
outside of the proposed ROW) including water runoff and drainage, potential erosion, and
compaction and/or displacement of the archeological deposits. This portion of the Treatment Plan
will have to be implemented by the geologists and/or engineers working on the design plans for
this roadway/bridge construction project.
The edges of the berm, at the locations of the proposed retaining walls, should be
mechanically stripped to search for and document other preserved cultural features and deposits.
A sub -contractor will conduct the mechanized stripping under the direct supervision of a
Registered Professional Archeologist (RPA), likely at the same time of the suggested mechanized
stripping recommended for Area B (after the conclusion of hand excavations in Area B). A
standard backhoe equipped with a smooth blade bucket will be used for the stripping. Soils will
be removed in approximately 10 cm vertical increments. Any features uncovered by the stripping
will be excavated in the same manner as the hand excavations described below. The backhoe
scraping will mitigate the adverse effect of the retaining wall construction.
Area B
To obtain the data to help answer the proposed research questions it is proposed that 25
percent (±264 m2) of Area B (see Figure 2) — the portion of Site 3WA235 inside the proposed
ROW not covered in the existing berm — be hand excavated in 2 meter x 2 meter sample units and
larger blocks to culturally sterile soils. This represents a total of 5 percent of Site 3WA235 inside
the proposed ROW (including Area A — the area covered by the berm). In Area B, a 10 meter grid
covering the proposed mitigation area should be established using a total station and fixed datum
point. A 2 meter x 2 meter sample unit will be excavated in each 10 meter grid unit across the
entire site to ensure all parts of the landform are represented. The sample 2 x 2 meter units will
represent approximately 30 percent (±79 m2) of the 25 percent of Area B to be hand excavated.
10
NOT FOR PUBLIC RELEASE Treatment Plan for Site 3WA235
The remaining 70 percent (± 185 m2) of the 25 percent of Area B to be hand excavated will consist
of excavation blocks of contiguous 2 meter x 2 meter units adjacent to the most promising of the
sample units in the 30 percent sample (typically those sample units with the highest artifact density,
highest diagnostic artifact frequency, and/or features). All excavated soil will be screened through
1/4 inch mesh to facilitate artifact recovery. All sample units and blocks will be excavated in 10
cm arbitrary levels.
Flotation samples will be taken from select sample of units. Units selected will have a
standard soil sample (approximately 1 liter) retained from the same area in each level. The
flotation samples will be assigned a Field Serial Number (FSN), logged, labeled, and then
transported to the Flat Earth Archeology laboratory to be processed in a floatation system.
In addition to the hand excavations it is proposed that the remaining 75% (+788 m2) of the
portion of Site 3WA235 inside the proposed ROW that is set aside for data recovery (Area B) be
machine stripped to search for and document other preserved cultural features and deposits. The
mechanized stripping will occur after completion of the hand excavations. A sub -contractor will
conduct the mechanized stripping under the direct supervision of an RPA certified archeologist. A
standard backhoe equipped with a smooth blade bucket will be used for the stripping. Soils will
be removed in approximately 10 cm vertical increments. Any features uncovered by the stripping
will be excavated in the same manner as the hand excavations described below.
A total station will be utilized to establish the metric grid, record horizontal and vertical
locations of sample and block hand excavated units, and to piece plot artifacts and features as
needed.
One hundred percent of the cultural features will be hand excavated. Features will be
described using standardized terminology, excavated, and recorded. All features will be assigned
a feature number. All suspected features will be troweled clean and the plan view will be inspected,
photographed, and drawn to scale. All features will be plotted with the total station in plan view
and top and bottom elevations. All feature profiles will be drawn to scale and photographed.
Small features (defined loosely as less than 1 meter in diameter) such as pits or small
hearths will be excavated in halves (north and south) in an effort to observe the profile. Soils from
half of each feature will be assigned an FSN, bagged, labeled, and taken to the laboratory for
flotation and fine screening. The other half of each feature will be screened with a maximum 1/4 -
inch hardware mesh. The exception to this definition is posthole features, which will be
photographed and drawn in plan view before being removed as a single unit and retained for
flotation. Feature fill will be examined for fragments of carbonized wood and other organic
material that might be suitable for radiocarbon dating.
If materials suitable for radiocarbon dating are recovered, they will be collected and
submitted to an accredited laboratory for analysis. The establishment of an absolute date for the
occupation at Site 3WA235 would increase our understanding of cultural sequences in the Ozark
Mountains and help place the site in a regional perspective.
11
NOT FOR PUBLIC RELEASE Treatment Plan for Site 3WA235
Large features (defined loosely as greater than 1 meter in diameter) such as large middens
will.be excavated by first defining the entire feature in plan view by shovel scraping and troweling
the surface. The feature will be plotted in plan view with the total station, drawn to scale, and
photographed. The entire feature will be excavated in defined quadrants utilizing 50 cm x 50 cm,
1 x 1, 1 x 2, or 2 x 2 meter units depending on the size of the feature. Each unit will be excavated
in 10 cm arbitrary levels or definable strata as appropriate. A soil sample will be collected from
each level in each quadrant for flotation and the remaining soils will be screened through a
maximum 1/4 -inch mesh hardware.
If human remains are found, all work in the vicinity that could disturb the remains will
cease. The remains will be left as found, covered, and reasonable measures will be made to
safeguard the find until the proper authorities and parties can be identified and briefed. The City
of Fayetteville, AHTD, SHPO, and relevant law enforcement agencies will be contacted
immediately. Assuming the law enforcement agency determines that the find is not a crime scene,
the FHWA, SHPO, and pertinent federally recognized tribes will consult per the guidelines of the
Arkansas Burial Law (Act 753 of 1991, as amended) and the Advisory Council on Historic
Preservation's Policy Statement Regarding the Treatment of Burial Sites, Human Remains and
Funerary Objects published February 23, 2007.
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
LAB METHODOLOGY
All artifacts recovered in the field will be bagged and assigned an FSN number (signed into
an FSN log in the field) and each bag will contain pertinent information regarding the project
number, site number, feature or unit number, level and depth, date, and archeologist's initials.
Bones or organic materials encountered will be recovered, wrapped in aluminum foil, and stored
in separate bags inside plastic containers. Whole or mostly whole in situ artifacts may be selected
for lipid and/or protein residue analysis. Personnel will collect these artifacts with a clean trowel
or other tool, wrap them in aluminum foil with soil from the surrounding matrix, and place them
in a paper bag with the appropriate information written in pencil only. Profiles of each unit will be
photographed and drawn to scale. All artifacts will be returned to the Flat Earth Archeology
laboratory where they will be washed, catalogued, analyzed and prepared for permanent curation
(along with supporting documentation) with the University of Arkansas Collections Facility
(UACF) per the Arkansas State Plan.The UACF meets the standards put forth in 36 CFR § 79-
Curation of Federally Owned and Administered Archeological Collections.
Standard definitions for artifacts found in DEL OS: A Computerized Artifact Inventory and
Analysis System (Cande 1992) will be utilized for artifact analysis in the laboratory. Flat Earth
Archeology will create a catalog of all artifacts, soil samples, and radiocarbon samples. During
the basic analysis, all artifacts will be assigned a catalog number, counted, and weighed in grams.
Diagnostic artifacts will also be measured, described, photographed, and typed. Collections and
analysis data will be curated by the UACF under the assigned permanent accession numbers that
will be included in the project report.
Lithic tools will be analyzed and their sizes, materials, tool types/function, and cultural
affiliations will be identified when possible. Projectile points will be sorted by established type
when possible. Prehistoric lithic tools will be based on regionally accepted references such as Bell
(1960 and 1958), Granger (2012), Perino (1971 and 1968), Schambach (1998), Story et al. (1990),
and Suhm and Jelks (1962). Flakes and other debitage will be counted and weighted, and raw
materials, stages of reduction or flake type will be recorded. This approach aids in the assessment
of activities that might have taken place in specific areas. The analysis of non -diagnostic lithic
artifacts collected will be generally based on DELOS terminology and definitions. To examine
the range of prehistoric lithic reduction activities, flakes and debitage are further defined to
supplement DELOS categories. Additional definitions are provided below.
• Primary Decortication Flakes represent the first flake removed from a nodule
or core with the main purpose being the removal of unsuitable outer cortex and
the development of a striking platform. They are characteristically thick with
a pronounced bulb of percussion resulting from direct hard hammer percussion
flaking. The striking platform may or may not be covered with cortex, while
the dorsal surface is completely covered (80-100% cortex).
• Secondary Decortication Flakes result from continued preparation and shaping
of the core. Flakes are thick with pronounced bulbs of percussion. Platforms
are usually free of cortex and the dorsal surface exhibits at least one scar from
13
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
previous flake removal. The dorsal surface is only partially covered with
cortex (less than 80%, but more than 10% cortex).
• Interior Flakes are created in a later manufacturing stage by further hard
hammer reduction of the core or thick crude biface. They may be intended to
serve as specialized flake tools or with further alteration, as bifacial
implements. These flakes can be relatively large with pronounced bulbs of
percussion, unprepared striking platforms, and normally lack cortex (must be
less than 10% on the dorsal surface, but can be left on the striking platform).
• Thinning Flakes are usually produced by soft hammer percussion flaking
during the final shaping and thinning phase of biface reduction. These flakes
exhibit flake scar removals on the dorsal surface, a prepared platform with
intentional grinding, lipping on the platform edge, and a diffuse bulb of
percussion.
• Tertiary Flakes include small (less than 0.5 cm), thin flakes with well -prepared
platforms. Tertiary flakes are removed by a hand-held pressure tool in the final
phases of biface reduction and may result from intentional thinning by
sharpening of lateral biface edges or notching a preform.
• Flake fragments include all broken flakes, no matter what stage of
manufacture. If the type of flake can be identified, then it is noted.
• RUM Flakes are flakes that have obviously been retouched, utilized, or
modified for tool use.
• Lithic debitage includes thick angular fragments without thin edges or bulbs of
percussion. Debitage (also known as Shatter) is the result of hard hammer
percussion blows that terminated along old fracture planes in the raw material.
• Unmodified angular fragments (also known as Chunks) indicate rocks found
at a site that appear to be unmodified, but they are of high enough quality
material to indicated that they might have collected to be utilized.
• Fire -cracked rock (FCR) is rock that has been modified by heat, typically
fractured during intense heating in a hearth or remnants of rocks associated
with cooking.
Selected samples of lithic tools will be sent to the PaleoResearch Institute in Golden,
Colorado for Lipid and Protein Residue Analysis. This test will identify the types of flora or fauna
the lithic tool was used to butcher, crush, or cut. This information will be invaluable in terms of
recreating diet in conjunction with lithic tool usage.
14
NOT FOR PUBLIC RELEASE Treatment Plan for Site 3WA235
Should any prehistoric pottery be recovered at the site, the pottery will not be washed until
it has been examined for the presence of organic residue and/or a slip. All pottery sherds will be
divided into plain and decorated wares. Wares will be classified by surface treatments (smoothed,
slipped, burnished, polished, smudged, and/or glazed. Textured sherds will be typed using
descriptions made by Rice (1987).
The recovered material will then be separated into vessel parts consisting of rim and body
sherds. Analysis of prehistoric pottery recovered will be based on previously established types and
varieties referenced in Schambach (1998), Galm and Flynn (1978), and Irvine (1980). Sherds
smaller than 0.5 inches will be classified as sherdlets and will simply be counted and weighed,
with no further analysis. Paste analysis will be based on type of temper inclusions (sand, shell . .
. etc.) and size of the inclusions. This analysis will be performed by examining a fresh break in
the sherds under a l Ox -power magnification. The Wentworth Scale (Wenthworth 1922, 1933) will
be utilized to make determinations regarding the size of inclusions in the sherds examined.
15
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
REPORT PRODUCTION
Flat Earth will submit a Management Summary to the City of Fayetteville, Garver, and
AHTD for review. Upon approval of the Management Summary, the document will be submitted
to SHPO for review. This Management Summary will demonstrate that adequate fieldwork was
conducted to answer the research questions and that the site does not contain sufficient data to
answer additional topics. Upon concurrence of the Management Summary findings from the MOA
signatories, construction activities on the roadway and bridge project will be able to progress.
The draft and final reports will contain the results of the excavations, analysis, and
comparisons. The report will fully address all domain problems, research questions, and data
needs as outlined in this Treatment Plan. All field, lab, and analytical techniques, methods, and
procedures will be documented. The final report will meet all guidelines outlined in the State Plan.
The draft and final reports will be submitted to the signatories of the MOA and the AAS within
one year of completion of the fieldwork. The Management Summary and the report will include
the data recovery at Site 3WA235. All statements regarding the potential significance of any site
remnants not removed during data recovery will be included in the final report and added to the
site files in the form of an archeological site survey revisit form to ensure that any future projects
that may affect the site can be properly addressed.
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
WORK SCHEDULE
The Treatment Plan proposes that 5 percent (±264 m2) (or 25 percent of Area B) of the
portion of Site 3WA235 in the proposed ROW be excavated in 2 m x 2 m and larger blocks to
culturally sterile soils. This extrapolates out to a total of 66 of the 2 m x m excavation blocks. In
addition, it is proposed that the remaining 75 percent of Area B be mechanically stripped to identify
and document preserved features and intact deposits. The mechanical stripping will occur after
the controlled hand excavations. Establishing a datum and 10 meter grid over the site area will
take roughly 1 work day.
Per the Treatment Plan, 30 percent (±79 m2) of the controlled excavations in Area B will
include excavation blocks placed across the project area to ensure the entire site is represented in
the controlled excavations. This equals roughly 20 of the 2 x 2 meter blocks. Flat Earth
Archeology estimates that a crew of 21 archeological field technicians could complete this portion
of the fieldwork in 21 work days or less.
The remaining 70 percent (±185 m2) of the controlled excavations in Area B will be
positioned adjacent to the most promising units in the 30 percent coverage excavation units. This
equals approximately 46 of the 2 x 2 meter excavation blocks. Flat Earth Archeology estimates
that a crew of 21 archeological field technicians could complete this portion of the fieldwork in 47
work days or less.
Following the hand excavated controlled excavation blocks, the surface of the remaining
75 percent (±789 m2) of Area B will be mechanically stripped in an effort to identify and document
remaining features and intact deposits associated with the site. Hand excavation of all cultural
features identified will be performed. Flat Earth Archeology estimates that a crew of 3
archeological field technicians could complete this portion of the fieldwork in 10 work days or
less.
Additionally, the mechanical stripping at the location of the proposed retaining wall along
the edge of the existing berm is estimated to take a crew of 3 archeological field technicians 4
work days or less to complete.
Artifact analysis will be performed concurrent with the fieldwork phase of the project,
although a significant amount of analysis will continue into the report phase. The Management
Summary will be submitted within 60 calendar days from the end of fieldwork.
This work schedule maintains that the fieldwork should be completed within 83 working
days (equating approximately 116 calendar days).
17
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
REFERENCES CITED
Bell, Robert E.
1960 Guide to the Identification of Certain American Indian Projectile Points. Special Bulletin
No. 2. Oklahoma Anthropological Society. Norman, Oklahoma.
1958 Guide to the Identification of Certain American Indian Projectile Points. Special Bulletin
No. 1. Oklahoma Anthropological Society. Norman, Oklahoma.
Branam, Chris and Jose Vilahomat
2014 Management Summary — Springdale Highway 412 Northern Bypass in Benton County for
AHTD Job Number CA0907. Submitted to the Arkansas Highway and Transportation
Department, Little Rock.
Briscoe, James
2003 Archeological Survey Report on the AEP Tontiown to Lowell 161 kV Transmission Line,
Benton and Washington Counties, Arkansas. Prepared for Power Engineers, Inc. and
submitted to the Arkansas Historic Preservation Program.
Cande, Kathleen
1992 DELOS: A Computerized Artifact Inventory and Analysis System, Version 3. Technical
Paper No. 7, Arkansas Archeological Survey, Fayetteville.
Davis, Hester A. and Ann M. Early (editors)
2010 A State Plan for the Conservation of Archeological Resources in Arkansas.
Arkansas Archeological Survey, Research Series No. 21. Fayetteville.
Dickson, Don R.
1991 The Albertson Site: A Deeply and Clearly Stratified Bluff Shelter. Arkansas
Archeological Survey Research Series No. 41, Fayetteville, AR.
Irvine, Marilee
1980 Ceramic Analysis from the Williams I Site, 34LJ24, LeFlore County, Oklahoma.
Unpublished Master's Thesis, Anthropology Department, University of Oklahoma,
Norman.
Galm Jerry, and Peggy Flynn
1978 The Cultural Sequences at the Scott (34LF11) Site and Prehistory of the Wister Valley.
Research Series No. 3 Archeological Research and Management Center, University of
Oklahoma, Norman.
Granger, Stephen
2012 Arkansas Arrowhead Typology. Point & Barbs Press.
18
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
Mathewson, Christopher C.
1994 Intentional burial of two archaeological sites in Montague County, Texas as a means of
site protection: Analysis of dynamic loading during construction. Unknown binding.
McCullough, Kirsten
2014 Phase I Cultural Resources Survey: Proposed Rupple Road Widening and
Relocation, W. Starry Night Vies to W. Mt. Comfort Road, City of Fayetteville,
Washington County, Arkansas. Garver Project No.: 09047100. Garver, Inc
Nickens, Paul R.
1999 "Technologies for In -Place Protection and Long -Term Conservation of Archaeological
Sites" in Archives and Museum Informatics, Volume 13, Issue 3-4, pp 383-405
Perino, Gregory
1971 Guide to the Identification of Certain American Indian Projectile Points. Special Bulletin
No. 4. Oklahoma Anthropological Society. Norman, Oklahoma.
1968 Guide to the Identification of Certain American Indian Projectile Points. Special Bulletin
No. 3. Oklahoma Anthropological Society. Norman, Oklahoma.
Raab, L. M.
1976 Pine Mountain: A Study of Prehistoric Human Ecology in the Arkansas Ozarks.
Arkansas Archeological Survey Research Report No. 7.
Ray, Jack H.
2007 Ozarks Chipped Stone Resources: A Guide to the Identification, Distribution, and
Prehistoric us of Cherts and Other Siliceous Raw Materials. Springfield: Missouri
Archaeological Society.
Rice, Prudence M.
1997 Pottery Analysis: A Sourcebook. University of Chicago Press, Chicago.
Sabo, George, III and Ann M. Early
1990 Prehistoric Culture History. In Human Adaptation in the Ozark and Ouachita Mountains,
edited by George Sabo III, Ann M. Early, Jerome C. Rose, Barbara A. Burnett, Louis
Vogele, Jr., and James P. Harcourt, pp. 34-120. Arkansas Archeological Survey
Research Series No. 31.
Sabo, George, III and Ann M. Early
1990 Ozark Arkansas Ouachita Adaptation Types. In Human Adaptation in the Ozark and
Ouachita Mountains, edited by George Sabo III, Ann M. Early, Jerome C. Rose, Barbara
A. Burnett, Louis Vogele, Jr., and James P. Harcourt, pp. 221-252. Arkansas
Archeological Survey Research Series No. 31.
19
NOT FOR PUBLIC RELEASE
Treatment Plan for Site 3WA235
Schambach, Frank F.
1998 Pre-Caddoan Cultures in the Trans -Mississippi South. Arkansas Archeological Research
Series 53.
Story, D.A.
1990 Cultural History of the Native Americans. In The Archeology and Bioarcheology of the
Gulf Coastal Plain: Vol 1. By D.A. Story, J.A. Guy, B.A. Burnett, M.D. Freeman, J.C.
Rose, D.G. Steele, B.W. Olive, and K.J. Reinhard, pp. 163-366. Arkansas Archeological
Survey Research Series No. 38.
Suhm, Dee Ann and Edward B. Jelks (editors)
1962 Handbook of Texas Archeology: Type Descriptions. The Texas Archeological Society
Special Publication No. 1. Austin, Texas.
Wentworth, Chester K.
1992 A Scale of Grade and Class Terms for Clastic Sediments. Journal of Geology 20:377-92.
1933 Fundamental Limits to the Size of Clastic Grains. Science 77:633-34.
Zabecki, Melissa, Carol S. Spears, Erik Masterson, Bobby Myers, Carol Ann Johnson, and
Robert H. Lafferty III
2009 A Cultural Resources Survey of the Springdale 412 Bypass, Benton and Washington
Counties, Arkansas. SPEARS Project Report 204, submitted to the Arkansas State
Highway & Transportation Department for AHTD Job No. 001966.
20
NORTH WEST ARKANSAS REGO
1311 Clayton St., Springdale, Arkai
(479) 751 7125 • Fax: (479) 75.
Mayor Lioneld Jordan
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
L PLANNING I _....
as, 72 752
a http://na..tarpc.org
Re: Rupple Road - W. Starry Night View to W. Mount Comfort Road Phase 2 - ROW and Utilities
Job Number 040657 - FFY 2015 Surface Transportation Program - Attributable (STP-A)
Dear Mayor Jordan:
I am pleased to inform you the Rupple Road Project was selected by the Northwest Arkansas Regional
Planning Commission on September 24, 2014 for FFY 2015 STP-A funding.The total project cost and STP-
A funds awarded are shown below:
STP-A $320,000
City $80,000
Total $400,000
The STP-A funding is subject to an obligation limitation and the total available funds may change after
final FFY 2015 funding is published.
These funds are required to be obligated by the end of the Federal Fiscal Year which ends on September
30, 2015. All required AHTD submittals and required approvals for this project should be completed by
August 15, 2015 in order to allow sufficient time to obligate the STP-A funds for this project.
Please note that STP-A projects "...must comply with applicable provisions in Title 23, such as project
agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis -Bacon),
competitive bidding, and other contracting requirements, regardless of whether the projects are located
within the right-of-way of a Federal -aid highway."
Please let us know if you have any questions or need additional information regarding this program.
Sincerely,
Jeff Hawkins
Director
Cc: Mr. Paul Simms, AHTD
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
13.11 Clayton :t., Springdale, Arkansas, 72762
(479) 751 7125 ® Fax: (479) 751 7.150 • http://nworpc.csry
November 23, 2015
Mayor Lioneld Jordan
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
NOV 2 5 ?ifl%
CITY OF L-AYF; I rEVILLE
MAYORS OFFICE
Re: Rupple Road - W. Starry Night View to W. Mount Comfort Road
Phase 2 - Environmental, ROW and Utilities
AHTD Job Number 040657 - FFY 2016 Surface Transportation Program - Attributable (STP-A)
Dear Mayor Jordan:
I am pleased to inform you the Rupple Road (Environmental, ROW and Utilities) Project was selected by
the Northwest Arkansas Regional Planning Commission on September 23, 2015 for FFY 2016 STP-A
funding. The STP-A funds awarded and the required local match are shown below:
STP-A $680,000
City Match $170,000
Total $850,000
The STP-A funding is subject to an obligation limitation and the total available funds may change after
final FFY 2016 funding is published.
These funds are required to be obligated by the end of the Federal Fiscal Year which ends on September
30, 2016. All required AHTD submittals and required approvals for this project should be completed by
August 15, 2016 in order to allow sufficient time to obligate the STP-A funds for this project.
Please note that STP-A projects "...must comply with applicable provisions in Title 23, such as project
agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis -Bacon),
competitive bidding, and other contracting requirements, regardless of whether the projects are located
within the right-of-way of a Federal -aid highway."
Please let us know if you have any questions or need additional information regarding this program.
Sincerely,
Jlf Hawkins
Director
Cc: Mr. Paul Simms, AHTD
City of Fayetteville - Purchase Order Request (PO)
Requisition o.:
a e:
2/2612016
(Not a Purchase Order)
P.O Number:
All PO Requests shall be scanned to the Purchasing e-mail: Purchasing@fayetteville-ar.gov.
Purchase shall not be made until an actual PO has been issued.
Vendor
52650
Vendor
Garver Engineers _
Mail
Legistar#:
#:
Name:
2016-0096
i
FOB Pont:
Taxable
Address: 1088 E. Milsap Road
�
E S a
Expected Delivery Date:
Zip Code:
Ship to code:
Quotes Attached
City: Fayetteville
State: AR
72703
EIYES o
Requester's Employee #:
Extension:
Requester: Chris Brown
2695
8207
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Number
Project.Sub#
Inventory #
Fixed Asset #
1
Professional Services
1
91,013.00
$91,013.00
4520.9555.5314.00
06035.3100
2
Professional Services
1
364,053.00
$364,053.00
4470.9470.5314.00
06035.3100
3
$0.00
4
$0.00
5
$0.00
6
$0.00
7
$0.00
8
$0.00
9
$0.00
10
$0.00
Shipping/Handling
Lot
$0.00
Special Instructions:
Subtotal: $455,066.00
Tax: $0.00
Total: $455,066.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Chief Financial Officer: Budget Director: IT Director:
Dispatch Manager: Utilities Manager: Other:
Cuvlbuu 1/L I/Lulu
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Engineering Adjustment Number
2016 Dept.: Development Services
Requestor: Kristin Cavette
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Garver Engineers and the City have negotiated Supplemental Agreement No. 1 to the professional services contract for
the design of Rupple Road (BF Lane to Mt. Comfort). The cost of SA No. 1 is $455,066. This project is a grant and the
split with AHTD is 80/20. The City's portion (paid with 2013 Street Bond funds) is $91,013. The grant portion
(reimbursed by AHTD) will be $364,053. This project has been awarded a total of $1,000,000 in Federal -aid funds. The
remainder of this money ($353,644) should be placed in the land acquisition account number.
RESOLUTION/ORDINANCE
COUNCIL DATE:
LEGISTAR FILE ID#:
3/15/2016
2016-0096
Ba4— vwci Tell'
2/26/2016 4:23 PM
Budget Director
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
Date
TOTAL
717,697 717,697
v.20160125
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project
Sub
AT
Account Name
4470 0947.4309.00
717,697
06035
3100
RE
Federal Grants _Capital
4470 9470.5314.00
364,053 -
06035
3100
EX
Professional Services
4470.9470.5805.00
353,644 -
06035
3100
EX
Land Acquisition
4520.9555.5314.00
91,013 -
06035
3100
EX
Professional Services
4520.9555.5809.00
(91,013) -
06035
2700
EX
Street Improvements
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