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HomeMy WebLinkAbout132-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 132-18 File Number: 2018-0264 BID #18-27 HWY 112 (MAPLE STREET): A RESOLUTION TO AWARD BID #18-27 AND AUTHORIZE A CONTRACT WITH NABHOLZ CONSTRUCTION, INC. IN THE AMOUNT OF $2,793,590.50 FOR THE CONSTRUCTION OF A PORTION OF HIGHWAY 112 (MAPLE STREET) BETWEEN RAZORBACK ROAD AND GARLAND AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $280,000.00, 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 awards Bid #18-27 and authorizes Mayor Jordan to sign a contract with Nabholz Construction, Inc. in the amount of $2,793,590.50 for the construction of a portion of Highway 112 (Maple Street) between Razorback Road and Garland Avenue, and further approves a project contingency in the amount of $280,000.00. 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. PASSED and APPROVED on 6/5/2018 Attest: I Sondra E. Smith, City Clerk Page 1 Printed on 615118 `T__ City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File - File Number: 2018-0264 Agenda Date: 6/5/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 3 BID #18-27 HWY 112 (MAPLE STREET): A RESOLUTION TO AWARD BID #18-27 AND AUTHORIZE A CONTRACT WITH NABHOLZ CONSTRUCTION, INC. IN THE AMOUNT OF $2,793,590.50 FOR THE CONSTRUCTION OF A PORTION OF HIGHWAY 112 (MAPLE STREET) BETWEEN RAZORBACK ROAD AND GARLAND AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $280,000.00, 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 awards Bid #18-27 and authorizes Mayor Jordan to sign a contract with Nabholz Construction, Inc. in the amount of $2,793,590.50 for the construction of a portion of Highway 112 (Maple Street) between Razorback Road and Garland Avenue, and further approves a project contingency in the amount of $280,000.00. 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 6/5/2018 r. City of Fayetteville Staff Review Form 2018-0264 Legistar File ID 6/5/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 6/4/2018 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to award Bid #18-27 and approve a contract with Nabholz Construction, Inc. in the amount of $2,793,590.50 for the construction of a portion of Hwy 112 (Maple Street) between Razorback Road and Garland Avenue, to approve a project contingency in the amount of $280,000, and to approve a Budget Adjustment to recognize additional Federal-aid/State revenue of $2,473,590 and University of Arkansas revenue of $300,000. Budget Impact: 4470.800.8835-5809.00 Transportation Bond Street Improvements 4470.800.8820-5809.00 Street Improvements 4520.800.9555-5809.00 Street Sales Tax 2013 4520.800.9556-5809.00 Street Sales Tax 2015 Account Number Fund 06035.3500 Hwy 112 (Maple St) Razorback to Garland Project Number Project Title Budgeted Item? Yes Current Budget $ 233,541.00 Funds Obligated $ 6,525.00 Current Balance $ 227,016.00 Does item have a cost? Yes Item Cost $ 3,073,590.00 Budget Adjustment Attached? Yes Budget Adjustment $ 2,868,274.00 Remaining Budget $ 21,700.00 V20140710 Previous Ordinance or Resolution # 27-17 Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 5, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Enginee�p DATE: June 4, 2018 CITY COUNCIL MEMO SUBJECT: A Resolution to award Bid #18-27 and approve a contract with Nabholz Construction, Inc. in the amount of $2,793,590.50 for the construction of a portion of Hwy 112 (Maple Street) between Razorback Road and Garland Avenue, to approve a project contingency in the amount of $280,000, and to approve a Budget Adjustment to recognize additional Federal-aid/State rpvPnne of $2473.590 and University of Arkansas revenue of $300.000. RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $2,793,590.50 to Nabholz Construction, Inc. for the construction of a portion of Hwy 112 (Maple St) botwcen Razorback Road and Garland Avenue, to approve a project contingency in the amount of $280,000.00, and to approve a Budget Adjustment. BACKGROUND: In 2014, the City secured $2.4 million in Federal -aid funding for this project. This project -was originally designed and managed by the State. The project was bid twice (second bid received December 2015) with both low bids being over $4 million. Since the cost was significantly higher than the State's construction estimate, the City and the State decided not to award the construction contract. After the rejection of the bids received at the second bid opening, the City and UA (University of Arkansas) met with the ArDOT (Arkansas Department of Transportation) and began discussing an arrangement whereby the ArDOT would provide funding to complete the construction of this segment in exchange for the City taking over the roadway as a City Street. These discussions ultimately led to the formation of a Partnering Agreement with ArDOT that was approved as Resolution 27-17 at the January 3, 2017 City Council meeting. An Agreement Of Understanding with ArDOT was subsequently executed in September 2017. (Documents attached for reference) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On June 1, 2018, the City received two (2) construction bids for this project. Nabholz Construction, Inc. submitted the low bid which was approximately 1% above the Engineer's Estimate of $2,762,831.56. The highest bid was $3,214,000.00. BUDGET/STAFF IMPACT: This project is based on an Agreement Of Understanding with ArDOT in which the City will pay a maximum of $479,300 based on an estimated Construction Engineering cost. The UA will also pay a maximum of $479,300. The major cost of the road construction project will be paid from Federal -aid funds with the State providing the matching funds. City matching funds for the roadway improvements will be from the Transportation Bond Program and Capital Improvements Program. Attachments: Document 00500 - Construction Agreement signed Resolution 27-17 Agreement Of Understanding DCI (Development Consultants Inc.) Letter of Recommendation Bid tabulation sheets Document 00400 - Bid Form from Nabholz Construction Services Budget Adjustment DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Hwy 1 12/Maple-Razorback to Garland Contract No.: 1y - 2-7 THIS AGREEMENT is dated as of the day of �syht if in the year 201& by and between The City of Fayetteville, Arkansas and s ans��`(llereinafter called Contractor). ARTICLE 1 - WORK l .Ol Contractor shall compete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The Contract consists of approximately 500 L.P. of reconstruction of Razorback Road, 500 LF. of reconstruction of Maple Street, overlays of Garland from Maple to wectmgton ano tcazoruacx f din the soutnern end oz reconsuzictuotu to T.ei-oy Pond, and incidental construction including but not limited to demolition of existing features, new Storni sewer, curb and gutter, driveways, and miscellaneous items. ARTICLE 2 - ENGINEER 2.01 The Projcct has been designed by the City of Fayetteville, Engineering Division, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work-in accordance with the Contract Documents. ARTICLE 3 - CONTRACT 'CIMh? 3.01 TIME OF THE ESSENCE: A. All time limits .for milestones, if awry, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00500 Agreement 00500-1 Hwy 112/Maple-Razorback to Garland DOCUMENT 00500 —AGREEMENT (continued) 3,02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 330 calendar days after the date when the Contract Times continence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 360 calendar days after the date when the Contract Times cormnence to run. 3.03 LIQUIDATED DAMkGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, the City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750,00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the remainder of the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar clay that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto 00500 Agreement 00500-2 DCI Project No. 16-177 Hwy 112/Maple-Razorback to Garland M DOCUM ENT 00504 — AGREEMEN`1' (continued) attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A f n.F;�r�»• shall e,nhrniY Annflogfintnc fro• PavmP.nt in gc.c.nr 1ancP with the. GENERAL CONDITIONS. Applications for Payment will be processed by 1 E Engineer as provided in the GENERAL CONDITIONS. f 5.02 PROGRESS PAYMFNTS,_RETAINAGE A. The City of Fayetteville shall make progress payments on account of the s Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage), 00500 Agreement 00500-3 DCT Project No.16-177 Hwy 112/Maple-Razorback to Garland 0 DQCUMENT 04500 -- AGIIEEMENT (continued) b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such I amounts as Engineer shall determine, or The City of Fayetteville ! may withhold, in accordance with the GENERAL CONDITIONS 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 00500 Agreement 00500-4 DCI Project No.] 6-177 Hwy 112/Maple-Razorback to Garland n DOCUMENT 00500 —AGREEMENT (continued) D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Enviroiuiiental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assurne responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. X+ (`n fir rtnr h— and rarPfiilly etnrliPtl (nr aacnmPc rPennncihility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the 1 performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. i G, Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information acid observations obtained from visits to the Site, reports and drawings 00500 Agreement 00500-5 DCI Project No. 16-177 Hwy 112/Maple-Razorback to Garland t i DOCUMENT 00500 — AGREEMENT (continued) identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents, L Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terns and conditions for performance and furnishing of the Work. 00500 Agreement 00500-6 DCI ProjectNo.16-177 Hwy 112/Maple-Razorback to Garland DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 7 - CONTRACT DOCUMEN`rs 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or suppleaxnented as provided in the GENERAL CONDITIONS_ 1, This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. d. Federal funding documentation 3. Performance, Payment, and other Bonds. 4, General Conditions. 5, Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Hwy 112/Maple-Razorback to Garland 8. Addenda numbers one (1) to �trf._( _._), inclusive, 00500 Agreement 00500 - 7 DCI Project No, 16-177 Hwy 112/Maple-Razorback to Garland DOCUMENT 00500 —AGREEMENT (continued) 9, The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE S - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS, 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8,03 SUCCESSORS AND ASSIGNS; A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500 Agreement 00500-8 DCI Project No. 16-177 Hwy 112/Maple-Razorback to Garland Ll DOCUMENT 00500 — AGUMMENT (continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. 00500 Agreement 00500-9 DCI Project No. 16-177 Hwy I I2Naple-Razorback to Garland DOCUMENT 00500 —AGREEMENT (continued) This Agreement will be effective on June 5 Effective Date of the Agreement. CONTRACTOR Ar,�l By: Title: Jln;ar �lv ch q..s f,SRAt.l Rar Z 1ST License No. 9 Agent for Service of process : L &1 (If Contractor is a corporation, attach evidence of authority to ,sign.) END OF DOCUMENT 00500 2018, which is the CITY OF FAYETTEVILLE Title: FAME, I", --- IP Attest --V Gy;3 i Address for giving notices (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: 00500 Agreement 00500 - 10 DCI Project No. 16-177 Hwy 112/Maple-Razorback to Garland 1NTECflIT� May 31;2018 Justin Belk, Sen'tar Project Manager of Nabholz Construction Corporation is an authorized agent by Nabholz Construction Corporation to act as a signatory for project number 18-27 Flwy 112/Maple- Razorback to Garland Fayetteville, Arkansas. Respectfully submitted, F54 Kauffman, WkP jeOdent and Assistant Secretary Attested by Notary: --01/ Z2DZ My Commission expires: Seal: �� i,•�plJBLIG .� k1111�00 � FAYFFr C fy w M 9'¢kaNSs'y 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 27-17 File Number: 2016-0666 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT: A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD AND GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112 BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET. WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation Department (Department) have identified a need for improvements to Highway 112 between Razorback Road and Garland Avenue in Fayetteville; and WHEREAS, the original partnering agreement between the Department and the City was as follows: 1. The Department was responsible to fund and handle project development, which is complete. The Department is also responsible for advertising, awarding the bid, and providing construction inspection. 2. The City is to fund utilities, construction and construction inspection; and WHEREAS, bids were received twice on this project, and each time the low bid was significantly over the City's budget; and WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as follows: 1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on Attachment A to this Resolution. The Department will provide the gap funding needed to construct the project. Page 1 Printed on 114117 Resolution: 27-17 File Number: 2016-0666 2. The City will revise the current design. However, any increase in the current scope that results in a higher project cost will be the responsibility of the City and will be in addition to the cap amount of $3,358,600. 3. The Department will advertise and award the project. The City may inspect the project. The Department will inspect the project if requested by the City. 4. Once the project is let to contract, an increase in cost due to added scope by change order will be the responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment will be the responsibility of the Department. 5. The Department will fund the cost to overlay the segments from Maple Street to North Street and from Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award and inspect the project. The Department will provide these services if requested by the City. Any additional scope items to the Department's typical overlay design that add cost to this improvement will be the responsibility of the City. 6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP) includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to Interstate 49. The Denartment will provide the amount of funding necessary for all phases of work to develop and construct the typical design section for an urban state highway as shown on Attachment B to this Resolution. The cost of additional features outside of this standard scope that increase the total cost beyond that of the typical design section will be the responsibility of the City; and WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume ownership and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on Attachment C to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the City's participation in this Partnering Agreement in accordance with its designated responsibilities in this project. Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the construction of this project. Page 2 Printed on 114117 Resolution: 27-17 File Number: 2016-0666 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support and hereby requests that the Arkansas State Highway and Transportation Department initiate action to implement this project. PASSED and APPROVED on 1/3/2017 Attest: •'f,ea. ttL; i1iF3Slif�.. Sondra E. Smith, City Clerk Treasure�a =FAYE1i1=VILl.L. Page 3 Printed on 114117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0666 Agenda Date: 1!3!2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 4 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT: A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD AND GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112 BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation Department (Department) have identified a need for improvements to Highway 112 between Razorback Road and Garland Avenue in Fayetteville; and WHEREAS, the original partnering agreement between the Department and the City was as follows: 1. The Department was responsible to fund and handle project development, which is complete. The Department is also responsible for advertising, awarding the bid, and providing construction inspection. 2. The City is to fund utilities, construction and construction inspection; and WHEREAS, bids were received twice on this project, and each time the low bid was significantly over the City's budget; and WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as follows: 1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on Attachment A to this Resolution. The Department will provide the gap funding needed to construct the project. 2. The City will revise the current design. However, any increase in the current scope that results in a higher project cost will be the responsibility of the City and will be in addition to the cap amount of $3,358,600. 3. The Department will advertise and award the project. The City may inspect the project. The Department will inspect the project if requested by the City. 4. Once the project is let to contract, an increase in cost due to added scope by change order will be the City of Fayetteville, Arkansas Page 1 Printed on 1/412017 File Number: 2016-0666 responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment will be the responsibility of the Department. 5. The Department will fund the cost to overlay the segments from Maple Street to North Street and from Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award and inspect the project. The Department will provide these services if requested by the City. Any additional scope items to the Department's typical overlay design that add cost to this improvement will be the responsibility of the City. 6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP) includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to Interstate 49. The Department will provide the amount of funding necessary for all phases of work to develop and construct the typical design section for an urban state highway as shown on Attachment B to this Resolution. The cost of additional features outside of this standard scope that increase the total cost beyond that of the typical design section will be the responsibility of the City; and WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume ownership and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on Attachment C to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: eciion I. That the City Council of the City of Fayetteville, Arkansas hereby approves the City's participation in this Partnering Agreement in accordance with its designated responsibilities in this project. Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the construction of this project. ec ion 3.. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support and hereby requests that the Arkansas State Highway and Transportation Department initiate action to implement this project. City of Fayetteville, Arkansas Page 2 Printed on 1/412017 CITY OF `Fayle ARKANSAS MEETING OF JANUARY 3, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Chris Brown, City Engineer DATE: December 16, 2016 SUBJECT: Resolution to Enter a Partnering Agreement with the Arkansas Highway and Transportation Department to complete certain segments and to Transfer Right of Way Jurisdiction to the City for Highway 112 from 15th Street to 1-49 RECOMMENDATION: Staff recommends approval of a resolution to partner with the AHTD to widen and improve portions of Highway 112 between 15th Street and 1-49, and to agree to the transfer of this segment from the AHTD to the City. BACKGROUND: Highway 112 is an Arkansas Highway and Transportation Department (AHTD) owned facility that functions as a maior north -south arterial connecting 1-49 to the north and Highway 71 to the south, and serves as the main north -south entrance to and access through the University of Arkansas. Over the past several years, segments of the roadway have been widened and improved through and near the campus, through a series of partnerships between the City, the UA, and the AHTD. The UA has planted and maintained the landscaping and trees on segments through campus and to the south of the campus since the completion of the widening and improvements. In 2014, the City secured an additional $2.4 million in federal -aid funding for another segment of this route, between Garland Avenue and Razorback Road. However, construction bids received for the project have been over $4 million on two separate bidding occasions. This has stalled the construction of the project. Remaining segments between 15th Street and 1-49 that have not been widened or improved include Razorback Road, from Maple Street to Leroy Pond Drive, and Garland Avenue from Poplar Street to 1-49. DISCUSSION: After the 2nd time receiving bids over $4 million on the Maple to Razorback segment of Highway 112, the City and UA met with the AHTD and began discussing an arrangement whereby the AHTD would provide funding to complete the construction of this segment, in exchange for the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City taking over the roadway as a City street. Ultimately, the attached proposal was developed by the AHTD, which includes: The AHTD will provide additional funding to complete the improvements to the Garland to Razorback Road segment of Highway 112, and to overlay 112 on either side of this project, to provide a new condition roadway through the entire campus. The AHTD will complete widening and improvements to Highway 112 north of Poplar to Van Asche, at no cost to the City. The City will be allowed to manage the design of the project. In exchange, the City will accept Highway 112 between 15th Street and 1-49 for maintenance in perpetuity; the route will be removed from the state highway system and will become a City street. BUDGET/STAFF IMPACT: While the proposed resolution does not obligate any City funds, subsequent agreements and construction contracts will require matching funds in the amount of $958,600. The UA has agreed to provide 50% of this amount per the attached letter; therefore, the cost to the City will be a maximum of $479,300. Funds are available in the Transportation Bond Program for this match amount. Operational costs to the City in the short term are expected to be minimal due to the new condition of the majority of the section to be transferred to the City. Over the long term, overlay and other pavement maintenance costs will be the most significant expenses expected. Attachments: Resolution Cost Spreadsheet Map of proposed improvements and segment to be transferred to City Letter from UA Project Information Juh NUrnher Description Length Phase Total Cost (miles) C:Itv iak STP•A Match Total Maple Street- North Street 0.47 Const+CENG 247,500 040582 Razorback Road - Garland Avenue 0.37 Utilities 640,882 Construction 4,250,000 CENG (10%) 425,000 1,957,283 Sub -Total 5,315,882 192,500 LLer.yPond Drive - North 0.54 Const +CENG 192,500 Total 1.38 5,755,882 C:Itv iak STP•A Match Total ESTIMATED ADDITIONAL STATE FUNDS Additional Federal and State funding made available fcr improvement' if the City agrees to assume ownership and maintenarce of Hwy. 112. This amount will either be increased or decreased based on the lowest responsive bid received that is awarded to contract. This amount does not represent a minimum or maximum of funding made available for the project. Federal Match 7 Total 198,000 49,500 512 706 128,176 640,882 1,887,294 471,824 358,500 2,359,118 358,600 2,400,000 958.800 3.358,600 1,890,883 53,120 .2,400 ,000 958,600 3,358,600 ESTIMATED ADDITIONAL STATE FUNDS Additional Federal and State funding made available fcr improvement' if the City agrees to assume ownership and maintenarce of Hwy. 112. This amount will either be increased or decreased based on the lowest responsive bid received that is awarded to contract. This amount does not represent a minimum or maximum of funding made available for the project. Federal Match 7 Total 198,000 49,500 247,500 1.512,706 378.177 1,890,883 53,120 13,280 66,400 1,565,826 391,457 1,957,283 154,000 38,500 192,500 1,917,826 479,457 2,397,283 Note: Job 040582's construction cost estimate is based on the current design. City funds are capped at $3,358,600 in STP -A and matching funds. AHTD is committed to providing the full amount of gap funding necessary for JoD 040582, contingent upon receiving a responsive bid that is within an acceptable range of the engineer's estimate. The City of Fayettf ville will revise the current design to incorporate some desired changes. Funding for any increases in scope will be the responsiblity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an incre; ise in cost due to added scope will be the responsibility of the City. An increase in cost due to normal change in conditions will be the responsibility of the Department. AHTD is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases 11 scope will be the responsiblity of the City and be added to the $3,358,600 cap amount. O:IWINWORDIDD & COO1InformationlFayettevillelHighway 112\Hwy. 112 Fayetteville Funding Breakdown.xlsx p"22 6 ARK. - io1 - kkkix7i tTP[!� $EL lq//5 � PNRdYFL[Nl Y 1 .W-0- LAW 12'-O" TURN LANE A+•0" . A'•0"� A71'' S4" ULT .: WALKL soo RQ q� svo 1a 61-J.) 0.0v C.C.C.& G. (TYPE AM-6"1 HWY. XXX-FULL DEPTH C.C.C. & G. LT. & RT. .: TYPICAL SEC i IM) OF imF HOVEMENT Tontitown 7A Johnson I. �� � NI•a�A.ew.d Poplar St. - Van Asche ®r. Major Widening STIP - 2018 �y /Highway Maple St. - North St.Overlay TBD � 112 Remove from the W State Highway System Job 040582 (Razorback Rd. - Garland Ave. t UNIVERSITY OF u. ARKANSAS Facilities Management December 15, 2016 Chris Brown City Engineer City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Chris: Per your request via attached email of Wednesday, December 14, 2016, the University of Arkansas (UA) remains committed to our cost-sharing (10% City / 10% UA) on the required 20% local match on AHTD Job 4040582 Razorback Rd -Garland Ave (Highway 112) (Fayetteville). ' This UA Commitment is on a not -to -exceed basis of $479,300 per the draft resolution and supporting documents. The UA remains committed to also working out an appropriate long-term agreement on current and future maintenance for the roadway sections between 15" Street and North Street / Wedington Drive. Our maintenance efforts essentially commenced in 2002-2003 upon completion of the initial section of roadway between Maple Street and North Street / Wedington Drive. They now include the entire length mentioned above and for those specific areas covered which will be incorporated in our future agreement. Potential UA areas in this future agreement to be covered include irrigation systems, tree maintenance, grass maintenance, pedestrian light maintenance where they exist, core campus crosswalk maintenance, sidewalk maintenance and related areas. We look forward to our continued partnership as we complete this long -needed series of safety improvements and physical changes to this critical link running through our campus and the larger community. Sincerely, M.R. Joh n Associate ice Chancellor for Facilities Attachment: Email of 12/14/16 (w/attachments) B125 Facilities Management • Fayetteville, AR 72701 • 479-575-3851 • fama.uark.edu The UniverviN of Arkansas is an equal opporlunilwaffirmalive action insulation. AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT RELATIVE TO Implementation of Highway 112 Improvements between Highway 16 and Interstate 49 in Fayetteville, Washington County (hereinafter called the "Projects"). WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in partnering with the Arkansas State Highway and Transportation Department (hereinafter called the "Department") for the Projects; and WHEREAS, Resolution No. 27-17 from the City agrees to contribute $3,358,600 for the Projects and to accept ownership and responsibility of the portions of Highway 112 between Highway 16 and Interstate 49 upon completion of the improvements; and WHEREAS, Arkansas State Highway Commission Minute Order 2017-012 has authorized the Director to enter into the necessary partnering agreements with the City for the Projects; and WHEREAS, it is understood that the City and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and related to the potential availability of DBEs in desired areas of expertise. IT 1S HEREBY AGREED that the City and the Department will accept the additional responsibilities and assigned duties as described hereinafter. THE CITY WILL: 1, Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave. (Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North Street and from Leroy Pond Drive to the beginning of Job 040582: a. Be responsible for $3,358,600 in project costs as shown in Attachment B for Job 040582. b. Be responsible for any desired revisions to the current design of Job 040582. c. Be responsible for any costs resulting from inclusion of desired revisions in project scope outside the Department's typical overlay design for the Highway 112 overlays. d. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) e. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. ME f. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. g. Submit final plans for Department review. h. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting authority to advertise the Projects for construction bids. i. Advertise for bids in accordance with federal procedures as shown in Attachment E. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. j. Forward a copy of all addenda issued for the Project during the advertisement to the Department. k. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment F), including all items noted, to the Department. 1. Prior to issuing the notice to proceed to the Contractor, hold a pre -constriction meeting with the Contractor and invite the Department's Resident Engineer assigned to the Project. m. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Attachment G). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. n. Provide constriction engineering and inspection services for the Project o. Attach LPA Report of Daily Work Perforned (Attachment H) for all days that correspond with each CCRR submittal. p. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. q. Be responsible for any increased costs resulting from desired revisions in project scope, whether during the design phase or during construction as a change order. r. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Attachment 1). This forn must be signed by the engineer/architect performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full-time employee in responsible charge, and the City's Mayor. s. Upon completion of these improvements to Highway 112, accept ownership and responsibility of the portion of Highway 112, Section 0 between Highway 16 (W. 15th Street) and Highway 112 Spur (Wedington Drive). -2- 2. Be responsible for the following in relation to projects scheduled to widen Highway 112 between Poplar Street and Interstate 49: a. Be responsible for any costs resulting from inclusion of features outside the typical design section for an urban state highway as shown on Attachment J. b. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid fimds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The City's final cost for this phase will be detennined by actual Department charges to preliminary engineering. c. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Attachment K) to provide engineering services which include environmental documentation, preliminary engineering, and constriction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. d. Prepare plans, specifications, and a cost estimate for constriction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) e. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. f. Make periodic payments to the consultant for preliminary engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. g. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. h. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. i. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. j. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in compliance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non -participating in federal funds. k. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 1. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. -3. in. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the City's clear and unencumbered title to any right- of-way to be used for the Project (See Attachment L). NOTE: Any property that is to become Department right-of-way must be acquired in the Highway Commission's name. n. Submit plans at 30%, 60%, and 90% completion stages for Department review. o. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. p. Advertise for bids in accordance with federal procedures as shown in Attachment E. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. q. Forward a copy of all addenda issued for the Project during the advertisement to the Department. r. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment F), including all items noted, to the Department. s. Prior to awarding the construction contract, submit a check for $1,000 to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs on the Project during constriction. The City's final share of cost for this phase will be determined by actual Department charges to constriction engineering. t. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction meeting with the Contractor and invite the Department's Resident Engineer assigned to the Project. u. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. v. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Constriction Certification and Reimbursement Request (CCRR) form (Attachment G). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. w. Attach LPA Report of Daily Work Performed (Attachment H) for all days that correspond with each CCRR submittal. x. Prior- to executing the work, submit constriction contract change orders to the Department's Resident Engineer in charge of reiunbursements for review and approval. y. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report forni certifying that the Project was accomplished in accordance with the plans and specifications (Attachment 1). This form must be signed by the engineer/architect performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full-time employee in responsible charge, and the City's Mayor. z. Upon completion of these improvements to Highway 112, accept ownership and responsibility of the portion of Highway 112, Section 1 between Highway 112 Spur (Wedington Drive) and Interstate 49. M 3. Notify the Department in writing who the City designates as its full -tune employee to be in responsible charge of the day to day oversight of the Projects (Attachment M). The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, constriction quality and scope of Federal -aid projects; • Maintains familiarity of day to day project operations, including project safety issues; • Makes or participates in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; ■ During construction, visits and reviews the project on a daily basis; • Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Directs project staff, City or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job perfonnance of the City and consultant staff at all stages of the project. 4. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Projects and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA-1273, Required Contract Provisions, -Federal-aid Construction Contracts, and Supplements. 5. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof. 6. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 7. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Attachment N). 8. Grant the right of access to the City's records pertinent to the Projects and the right to audit by the Department and Federal Highway Administration officials. 9. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 10. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment O), which is necessary for Project participation. -5- 11. Repay to the Department the federal share of the cost of any portion of the Projects if, for any reason, federal participation is removed due to actions or inactions of the City, its agents, its employees, or its assigns or the City's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non -participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The City understands and agrees that the Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax allotment should the City fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Projects. 12. Be responsible for all costs not provided by the Federal Highway Administration or the Department. 13. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. 14. Retain total, direct control over the Projects throughout the life of all project improvements outside of the Department's right-of-way and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Projects; • change the intended use of the Projects; • make significant alterations to any improvements constructed with Federal -aid funds; or cease maintenance or operation of a project due to the Project's obsolescence. 15. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Projects in accordance with Federal -aid requirements may result in the City's repayment of federal funds and may result in withholding all fixture Federal -aid. 16. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 17. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment P). 18. Agree to promptly refund to the Department in full any and all revenue paid by the Department based upon claims adjudicated by the Arkansas Claims Commission or other legal forum sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of the City. This obligation survives the termination or expiration of this Agreement. MGM THE DEPARTMENT WILL: 1. Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave. (Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North Street and from Leroy Pond Drive to the beginning of Job 040582: a. Be responsible for all fiinding beyond the City's share of Job 040582, except for any increases in cost resulting from changes in project scope proposed by the City. b. Provide the funding necessary to overlay the segments of Highway 112. Costs will be limited to those associated with the Department's typical overlay design. c. Maintain an administrative file for the project and be responsible for administering Federal -aid funds. d. Provide environmental clearance for Highway 112 overlays. e. Review final plans and specifications submitted by the City. f Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. g. Advise the City when to proceed with advertisement of the Project for construction bids. h. Review and concur in award of the construction contract for the Project. i. Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the constriction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. j. Review and approve any necessary change orders for project/program eligibility. k. Be responsible for increases in project costs due to change orders for normal bid item adjustments. 1. Reimburse the City 100% for eligible construction costs approved in the CCRR form (Attachment I). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. in. Subject to the availability of Federal -aid allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report forn (Attachment K). n. Upon completion of these improvements to Highway 112, remove the portion of Highway 112, Section 0 between Highway 16 (W. 15th Street) and Highway 112 Spur (Wedington Drive) from the State Highway System and transfer ownership and responsibility to the City. -7- 2. Be responsible for the following in relation to projects scheduled to widen Highway 112 between Poplar Street and Interstate 49: a. Provide the City the amount of funding necessary for all phases of work to develop and construct the typical design section for an urban state highway, as shown on Attachment J, for this portion of Highway 112. b. Maintain an administrative file for the project and be responsible for administering Federal -aid funds. c. Review environmental documentation as prepared by the City. d. Review plans and specifications submitted by the City. e. Notify the City when right-of-way and/or utility plans are approved and the City may proceed with right-of-way acquisition and/or utility adjustments. f. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. g. Advise the City when to proceed with advertisement of the Project for construction bids. h. Review and concur in award of the construction contract for the Project. Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. j. Review and approve any necessary change orders for project/program, eligibility. k. Be responsible for increases in project costs due to change orders for normal bid item adjustments. 1. Reimburse the City 100% for eligible construction costs approved in the CCRR fonn (Attachment G). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. in. Subject to the availability of Federal -aid allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment I). n. Upon completion of these improvements to Highway 112, remove the portion of Highway 112, Section 1 between Highway 112 Spur (Wedington Drive) and Interstate 49 from the State Highway System and transfer ownership and responsibility to the City. IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may disqualify the City from receiving future Federal -aid highway funds. IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds dile for project implementation or fail to complete the Project as specified in this Agreement, or fail to adequately maintain or operate the Project, the Department may cause such funds as may be required Lo be withheld from the City's Motor Fuel Tax allotment. IN "I'NISS WHEREOF, the parties thereto have executed this Agreement this .4 tz day of , 2017. ARKANSAS DEPARTMENT OF TRANSPORTATION Y OKFAYETTEVILLE Y4 Scott E. Bennett, P.E. I.i neld Jordan Director Kit W lliams City Attorney ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE: OF NONDISCRIMINATION The Arkansas Department of Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities that prohibit disciintinahon in progiauts and activities receiving federal financial assistance, Therefore, the Department docs nol discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English Proficiency (UP), or low-income sialus in the admission, access to and treatment in the Department's programs and activities, as well as the Department's hiring or employment practices Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be direcicd to Joanna P McFadden Section Head - FEO/DBF (ADA/504/Title VI Coordinator), P, O f3ox 2261, little Rock, AR 72203, (501) 569-2296, (VoiceffTY 711)- or the following email address:jtir�tsrtFlp�kon cydHl!':sntl4i,}ov Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the ADA/504/Title V1 Coordinator in large print, on audiotape raid in Braille. Attachment A GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal finds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perforin contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub -recipient, contractor or subcontractor that failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor".) Proiect Information Job Number Description ' lengt!milesh phase Total Cost ESTIMATED ADDITIONAL STATE FUNDS Additional Federal and State funding made available for improvements if the City agrees to assume ownership and maintenance of Hwy. 112. This amount will either be ircreased or decreased based on the lowest responsive bid received that is awarded to contract. This amount does not represent a minimum or maximum of funding made available for the project. Federal Match Total 198,000 Maple Street - North Street 0.47 Const +CENG 247,500 040582 Razorback Road - Garland Avenue 0.37 Utilities 640,882 Construction 4,250,000 CENG (10%) 425,000 Sub -Total 5,315,882 Leroy Pond Drive - North 0.54 j Const +CENG 192,500 Total 1.38 5,755,882 ESTIMATED ADDITIONAL STATE FUNDS Additional Federal and State funding made available for improvements if the City agrees to assume ownership and maintenance of Hwy. 112. This amount will either be ircreased or decreased based on the lowest responsive bid received that is awarded to contract. This amount does not represent a minimum or maximum of funding made available for the project. Federal Match Total 198,000 49,500 512,706 128,176 640,882 1,887,294 471,824 2,359,118 358,600 358,600 2,400,000 958,600 3,358,600 13,280 66,400 2,400 ,00 958,600 3,358,600 ESTIMATED ADDITIONAL STATE FUNDS Additional Federal and State funding made available for improvements if the City agrees to assume ownership and maintenance of Hwy. 112. This amount will either be ircreased or decreased based on the lowest responsive bid received that is awarded to contract. This amount does not represent a minimum or maximum of funding made available for the project. Federal Match Total 198,000 49,500 247,500 1,512,706 378,177 1,890,883 53,120 13,280 66,400 1,565,826 391,457 1,957,283 154,000 38,500 192,500 1,917,826 479,457 2,397,283 Note: Job 040582's construction cost estimate is based on the current design. City funds are capped at $3,358,600 in S FP -A and matching funds. AHTD is committed to providing the full amount of gap funding ne:essary for Job 040582, contingent upon receiving a responsive bid that is within an acceptable range of the engineers estim� te. The City of Fayetteville will revise the current design to incorporate some desired changes. Funding for any increases in scope will be the responsiblity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope will be the responsibility of the City. An increase in cost due to normal change in conditions will be the responsibility of the Dr:partment. AHTD is committed to proyWI29 funds for the overlay projects using our basic design standards. Funding for any i )creases in scope will be the responsibltty of the City and be added to the $3,358,600 cap amount. Attachment B Attachment C REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECTS 1.) FllWA-1273 Each set of contract documents shall include FHWA-1273, "Required Contract Provisions, Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273. Copies of FHWA-1273 and supplements will be provided by the Department. 2) .Anti -Collusion and Debarment Certification The certification shall either be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the State to administer oaths or in the form of an unsworn declaration executed under penalty of perjury of the law of the United States. The required form for the Anti -Collusion and Debannent Certification will be provided by the Department. The certification includes: • Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or in -directly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. • Debarment - A statement regarding debarment, suspension, ineligibility and voluntary exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29). Failure to submit the executed Certification as part of tide bidding; documents will make the bid nonresponsive and not eligible for award consideration. 3) Lobbying Certification This certification is required by 49 CFR 20. The form for this certification will be provided by the Department. 4) Davis -Bacon Pre -determined Minimum Wape hates Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage rates will be provided by the Department. Attachment D CERTIFICATION LETTER REQUESTING AUTHORITY TO ADVERTISE FOR BIDS DATE Mr. Emanuel Banks Deputy Director and Chief Engineer Arkansas State Highway and Transportation Department P. O. Box 2261 Little Rock, AR 72203 Re: Job # Jodi Name Coarjr Dear Mr. Banks: The following documents are submitted concerning the referenced project: 1. One reproducible set of plans and specifications. 2. A copy of the engineer's estimate of cost. 3. Copies of any technical specifications or special provisions. 1 certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the plans and specifications were developed using the Arkansas State Highway and Transportation Department's Standard Specifications for Highway Construction (latest edition) and standard drawings, and comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. 1 understand that if any project items are declared non -participating in federal fluids due to failure to comply with any State or federal requirements, the City will promptly repay such fields to the Arkansas State Highway and Transportation Department (AHTD). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the City's gasoline tax allotment to the AHTD's RRA Fund upon notification by the Director of Highways and Transportation that such funds are due AHTD and have not been paid by the City. Approval to proceed with advertisement of the project for bids is requested. Sincerely, NAME & OFFICE (City's CEO) Enclosures Attachment E GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL -AID PROJECTS Upon receipt of written authorization from the Arkansas State Highway and Transportation Department, the project may be advertised for bids. The following minimum guidelines for advertising must be met: • The minimum advertising period is three weeks. • In addition to meeting the State requirements for advertising for construction projects, the project must be advertised a minimum of two times in a statewide newspaper. ■ The notice must contain: (1) the time, date, and place that sealed bids are to be accepted, opened, and publicly read; (2) a brief description of the kind or type of work contemplated; and (3) the place at which prospective bidders may obtain plans and specifications. • The City will include the following language in the solicitation for bids: "The City hereby notifies all bidders that this contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws -and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply." ■ All bids received in accordance with the terms of the advertisement shall be publicly opened and at a minimum, the total amount bid must be read (the City may choose to read the bids item by item). • If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. ■ In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and licensing contractors must be approved by the Federal Highway Administration. Negotiation with contractors during the period following the opening of bids and before the award of the contract is not permitted. Attachment F CERTIFICATION LETTER REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT nATF Mr. Emanuel Banks Deputy Director and Chief Engineer Arkansas State Highway and Transportation Department P. O. Box 2261 Little Rock, AR 72203 1te: Job # Job N e nie Couldy near Mr. Banks: The following documents are submitted concerning the referenced project: 1. One set of bid tabulations. 2. Justification of award (if low bid amount is greater than 10% over the estimate). 1 certify that the referenced project was advertised and bids were received in accordance with the regulations governing Federal -aid projects and all other applicable state and federal regulations, and that this process has been reviewed and approved by the City Attorney. Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder and that there has not been, nor will there be, any negotiations with the contractor or other bidders regarding the amount bid. Your concurrence in the award of this contract to CONTRACTOR is requested. Sincerely, Mayor City Attorney Enclosures CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 3/13/17 PAGE 1 OF 2 PAGES Job No.: Payee/City: DATE: FAP: address County: PAY REQUEST # Job Name.: Federal Tax ID No.: FROM: TO: REQUEST• - PAYMENT Designated Full Time Employee In Responsible 1 Original Contract Amount The information provided in this document is true and correct and I recommend that payment be made to the Contractor for this work. 2 Net Changes by Change Orders 3 Present Contract Total By: Date: 4 Work Completed to Date Title: 5 Previous Reimbursements 6 Amount Due this Estimate (subtract Line 5 from Line 4) • • ' ADDITIONS DEDUCTIONS Payment is requested from the Arkansas State Highway and Transportation Department for the Amount Due. I certify that the Total changes previously approved Contractor and/or subcontractor(s) are complying with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the work has been completed by the Total approved this Request Period Contractor in accordance with the plans and specifications; and that the Contractor has been paid for this work. TOTALS By: Date: NET CHANGES by Change Order (Line 2 abnve) Title: DEPARTMENT USE ONLY Recommended for Payment in PAID Accordance with Project Agreement Approved for Payment Voucher No. Resident Engineer State Construction Engineer Date: Attachment C CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 3/13/17 PAGE 2 OF 2 PAGES JOB NUMBER: FAP: JOB NAME CITY REQUEST NO: DATE: FROM: TO CONTRACTOR: A B C D I E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STOCKPILED (NOT IN D or E) TOTAL COMPLETED & STOCKPILED TO DATE (D+E+F) % COMPLETED (G - C) BALANCE TO FINISH (C - G) PREVIOUS REQUESTS THIS PER OD GRAND TOTALS Attachment G Attachment H CITY LPA Report of Daily Work Performed Job Name: Job No.: FAP No.: Contractor: Date: Hours Worked: — Report No.: Site Conditions Useable Partly Useable Not Useable Min Temp. (F) Max Temp. (F) Comments Project Conditions Weather Sunny Partly Cloudy Rain Rainfall Amt. (in.) Number of Contractor's Personnel Laborers Carpenters Concrete Laborers Equip. Operators Electricians Plumbers Foreman Other Other Location and Description of Work Performed ISpecial Instructions and/or Conversations Signed. Designated Full-time Employee Attachment I CITY LPA Final Acceptance Report Job Name: Date: Job No: FAP No: County: Route: Contractor: Date Work Began: Date Work Completed: Attendees: Remarks: Project Completed in Substantial Compliance with Plans and Specifications and Recommended for Final Acceptance by City Recommended for Acceptance in Accordance with Project Agreement Engineer/Architect AHTD Resident Engineer Project Recommended for Acceptance Designated Full-time Employee: I certify that the Contractor and/or subcontractor(s) have complied with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the project has been completed by the Contractor in accordance with the plans and specifications; that the Contractor has been paid for this work, and the project is hereby accepted. CITY's CEO Attachment J ,z I u,b . 6� AtLt. gad xx><>ekx t rrPu[u SFzrb4 flc �roRp1rEYFAr 3'", `o �� ALK 04W ra" I T SOQ I`IE _ aS7[ 1 !T•p'. L4a1 I?'•0' THAN LAS IY•6" i� A'•0" LANE �? OKl ff f- PAQEK`e- p.02' �r%k" 6.U2'I' •� 0.02v %X 3ti1 L.L.C.& G. _ -- GC.C.a. G. STYPE AHY-6"r '— 0-:}T 1'f^ 8.72'/' 1" AV -6-1 HWY. XXX-FULL DEPTH C.C.C. & G. LT. & RT. TYPICAL SECTIONS OF IMPROVEMENT Attachment J Attachment K LOCAL AGENCY CONSULTANT SELECTION PROCEDURES Section I — Application These procedures apply to federally funded contracts for engineering and design services for projects. The federal laws and regulations that govern the procurement of engineering and design related services with Federal -aid highway funds are: • 23 U.S.C. 112 "Letting of contracts". 23 CFR 172 "Administration of Engineering and Design Related Service Contracts", 49 CFR 18 "Uniform Administration Requirements for Grants and Cooperative Agreements to State and Local Governments" or more commonly known as the "Common Rule", • 40 U.S.C. Chapter 10 Subchapter VI, paragraphs 541-544 or commonly called the "Brooks Act". In accordance with the above federal laws and regulations, the Arkansas State Highway and Transportation Department (AHTD) has approved these procedures for use by the Local Agency for the "competitive negotiation" method of procurement as defined in 23 CFR 172.5, Methods of Procurement. The Local Agency will use these procedures for Federal -aid contracts and may elect to use them for non -Federal -aid contracts. These procedures do not apply to design -build Contracts. Section II — Advertisement for Letters of Interest (LOIS The Local Agency may employ a consultant engineering firm when a need exists for engineering services and it is in the Local Agency's best interest to employ an engineer or engineering firm. As a minimum, the Local Agency will advertise in a statewide newspaper, the AHTD's website and the Local Agency's website (if available), advising that consultant engineering services are being sought. In addition, the Local Agency may advertise in appropriate national trade magazines or websites for specialized services. Interested firms must furnish a Letter of Interest with primary contact information and Architect - Engineer Qualifications Standard Form 330 Parts I and II. The advertisement will be for either a specific single project, a group of projects, or for an indefinite delivery of projects to be determined at a later date with specific task orders issued for each project. Attachment K When the Local Agency advertises a specific project, the advertisement will describe the work in general terms so that firms may evaluate their interest in performing the desired services. When the Local Agency advertises a group of projects, a general description of work will be furnished. Firms will be asked to specify the projects they are interested in performing. When the Local Agency decides to proceed with a certain project, those firms having expressed interest in that project will be considered for selection. When the Local Agency advertises for an indefinite delivery of projects with later specified task orders, the advertisement will include a general description of work for the project tasks. Section ]]I — Selection Committee. The Local Agency will designate a Selection Committee (Committee) to evaluate and analyze the LOls and Proposals. Section IV — Evaluation of LOIS. The Committee will evaluate each consultant firm based on the following: No. Evaluation Factors for LOIs Maximum Points Possible Professional staff including the education, experience, 1 number of personnel available, and any partnerships 10 with sub -consultants General and professional reputation, including 2 responsiveness to civil rights and equal employment 10 opportunity requirements and opportunities 3 Past work performance 10 4 Experience with projects of a similar nature as those advertised 10 Total Points for LOI 40 Following their review, the selection committee will prepare a short list of engineering firms and recommend to the Local Agency that these firms submit detailed proposals for further evaluation. Section V — Reguest for Proposal (RFP). The Local Agency will prepare a scope of work statement and request proposals from the engineering firms on the short list. For projects with FHWA oversight, the Local Agency will forward the scope of work statement to AHTD to forward to FHWA for review and approval before soliciting RFPs. A Local Agency's scope of work will typically include the following: 2 Attachment K 1. A detailed description of the work 2. Services that will be furnished by the Local Agency 3. Services expected of the consultant 4. Project conditions of the work 5. Special conditions of the work 6. Assurance of participation of Disadvantaged Business Enterprises (DBE) in Federal -aid projects. The Local Agency may establish a DBE goal of a certain percentage of the work for DBE's to assure DBE's participation in Federal -aid projects. When a DBE goal is specified, the Local Agency will ensure that a certified DBE(s) performs the identified engineering work and that the payments to the DBE(s) verify that the goal was reached. The establishment of a DBE goal does not preclude a DBE from being the prime consultant for the project. The short-listed firms should submit proposals that contain the following 1. A cover letter with primary contact information 2. A detailed work plan that identifies the major tasks of work 3. A list of major concerns associated with completing the work 4. A detailed work schedule for specific projects as requested 5. A manpower estimate for specific projects as requested U. updated &andard Form 330 naris i grid ii ii riacCssary The Committee will review the proposals with particular attention to the following evaluation factors and the consideration of Section IV. The evaluation factors and their relative importance will be listed in the RFP if any of the factors are different from the list below. No- Evaluation Factors for Proposals Maximum Points Possible 1 Obvious indication that the scope of work is clearly 10 understood Comprehensive, coherent, and detailed work plan 2 10 3 Realistic work schedule when applicable 10 4 Proposed working office location, need for a local 5 office, and any local representative* 5 Identification of sub -consultants and responsiveness to 5 DBE goals and opportunities 6 Total Points for LOI Total Points for Proposals 40 80 *Locality preference may be used on a project by project basis where it is not based on political boundaries. Based on these various items, the Committee will rank the firms in order of preference and submit the list to the Local Agency who will either: 1. Select one firm to enter negotiations with; 9 Attachment K 2. Select multiple firms for an indefinite delivery contract; or 3. Select two or more firms to interview (a firm may present additional information concerning their proposal at the interview). After the interviews, the Committee will re-evaluate the firms based on the interview and the same evaluation factors as noted previously. The ranked list will be submitted to the Local Agency for review and final selection. The contract file will contain records of the rankings and supporting data; however, the rankings will not be public information. Copies of the LOI advertisement, the rankings, and supporting data shall be submitted to AHTD for the contract file. Section VI — Neaotiation and Contract Preparation. Once a firm is selected for negotiation for a specific job or a group of projects, it will prepare a draft contract including a cost estimate for the project. The other firms on the short list will be advised of the firm selected, subject to successful negotiations. More than one firm may be selected for an indefinite delivery contract. The contract will establish a maximum cost for the contract as well as an expiration date. As individual task orders are issued, individual task order cost estimates will be negotiated. The selected firm will prepare a draft contract based on a sample contract furnished by the AHTD. In accordance with the principles of 23 CFR 172, the draft contract must include an overhead rate that is approved by the AHTD. The overhead rate shall be verified by an audit by a certified public accountant on behalf of the consultant if the contract exceeds $250,000. If the contract is less than $250,000, the overhead rate shall also be verified by an audit by a certified public accountant on behalf of the consultant if at least one of the following conditions applies: 1. when there is insufficient knowledge of the consultant's accounting system; 2. when there is previous unfavorable experience regarding the reliability of the consultant's accounting system; or 3. when the contract involves procurement of new equipment or supplies for which cost experience is lacking. Pursuant to this requirement, the AHTD will notify the Local Agency if an audit by a certified public accountant for the selected firm is necessary. The certified audit needs to be provided by the selected firm prior to the submission of the final draft contract. The Local Agency will review the draft contract proposal and either approve it as submitted or enter into negotiations with the selected firm to establish a contract and contract amount that the Local Agency deems is fair and reasonable. If a satisfactory contract cannot be negotiated with the selected firm, negotiations will be formally terminated. The Local Agency will then enter into negotiations with the second ranked firm. If negotiations with that firm fail, the Local Agency will formally terminate those id Attachment K negotiations and begin to negotiate with the third ranked firm, and so on. If the Local Agency cannot negotiate a satisfactory contract with any of the firms on the short list, the Local Agency shall either: 1. Request proposals from additional firms who have submitted LOIs and are considered competent and qualified; evaluate and rank the firms based on the criteria described in Section V; and continue the negotiation process, or 2. Terminate all negotiations and begin the selection process again. When the Local Agency and the consultant agree on a negotiated contract, the consultant will prepare a final draft and submit it to the Local Agency and AHTD for review. After review and a determination that it is acceptable, the consultant will sign the contract. The Local Agency will then execute the contract. The contract will subsequently be submitted to AHTD for final review and approval. When approved, copies of the signed contract will be distributed within the Local Agency and to the consultant. For projects with FHWA oversight and for indefinite delivery contracts utilizing federal funds, the AHTD will forward the initial and final drafts of the contract to FHWA for review and comment. The FHWA approves the final executed contract by stamp and signature and retains a copy. After the Local Agency executes an indefinite delivery contract, it will assign specific projects by task order for the duration of the contract period. The consultant will prepare each task order based on the scope of work furnished by the Local Agency. The task order will include a manpower estimate and cost. The Local Agency will review the task order and approve it as submitted or negotiate with the consultant to establish a task order and task order amount that the Local Agency deems is fair and reasonable. After review and a determination that the task order is acceptable, the consultant will sign the task order. The Local Agency will execute the task order. The task order will subsequently be submitted to AHTD for final review and approval. When approved, copies of the signed task order will be distributed within the Local Agency and to the consultant. For projects with FHWA oversight, the AHTD will forward the initial and final drafts of the task order to FHWA for review and comment. The FHWA approves the final executed task order by stamp and signature and retains a copy. Section VII — Monitorina the Contract. The Local Agency may identify staff members as key liaisons for specific projects or for technical matters during the administration of the contract period. The Local Agency will: 1. Maintain the contract files. 2. Arrange and attend periodic progress meetings. 3. Coordinate reviews and approval actions with other agencies when necessary. 5 Attachment K 4. Review progress payments. 5. Coordinate questions from the consultant. 6. Negotiate any change or amendment to the contract and submit to AHTD for review and approval. 7. Prepare an evaluation of the consultant's performance after completion of the contract. A copy of the evaluation shall be submitted to the AHTD. Section VIII — Consultant Liabili The Local Agency will include a contract requirement that the consultant will warrant that all services and work products provided as part of the contract are free from defects in workmanship at the time of acceptance and that the work conforms to the requirements of the contract. This warrant is effective regardless of the degree of inspection and acceptance by the Local Agency or others. If the consultant is required to correct or re -perform any work or services, the work will be performed at no cost to the Local Agency, and any work or services corrected or re -performed by the consultant shall also be warranted that it is free from defects in workmanship. If the consultant fails or refuses to correct or re -perform, the Local Agency may, by contract or otherwise, correct or replace the deficient items or services with similar work or services, and charge the cost to the consultant or make an equitable adjustment in the consultant's reimbursement. Acceptance is an act of an authorized representative of the Local Agency by which the Local Agency approves specific services, as partial or complete performance of the contract. Correction is the elimination of a defect. A Attachment L CITY LETTERHEAD JOB NUMBER JOB DESCRIPTION COUNTY Title to the right of way necessary for the construction of this project has been acquired, or will be acquired, in accordance with applicable Federal Highway Administration procedures. indicate total number in each category here. Delete any categories not used in this job. Tract(s) Options(s) Paid Donation(s) Negotiation Pending* - include tract number(s) and statement: "It is anticipated that this/these tracts) will be acquired by (date). " Condemnation(s) (include Order of Possession date or date the Court Order was filed) Condemnation(s) Pending* - include tract number(s) and anticipated filing date * If applicable J,delete the statement in each pair that does not apply There are no displacees on this project. -iii - Relocation Assistance has been provided in accordance with applicable Federal Highway Administration procedures and all displacees have moved fi-om this project. There was/were # displaced {re idence W lbusinam (es)l ejso)zal 2)•a p ertvletc on the project. There are no strictures located within the right of way area. -Or- All structures have been removed from this project, except for those to be included as demolition items in the highway contract. No conflicting utilities are known to exist in the right of way area. -Or- Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status Report. There are no railroads involved on this project -OR- Tract(s) # shown above include(s) # (Permanent/Temporary Construction Easements) for Railroad. No right of way in excess of that needed for construction or future maintenance of this project was acquired. Certified by: (Type name) (Type title) Date: City Letterhead (Designating Full -Time Employee in Responsible Charge) DATE Mr. Jared D. Wiley Division Engineer — Program Management Arkansas State Highway and Transportation Department P. O. Box 2261 Little Rock, AR 72203 Re: Job Name Coun Dear Mr. Wiley: Attachment M The frill -time employee in responsible charge of the day to day oversight for the referenced project will be Onsed enUila. This letter certifies that the employee is aware of the duties and functions they are in charge of as outlined in the Agreement of Understanding. They can be contacted at Lnsert Rhone nuinber) or at Onserl e)nail addresr}. Sincerely, NAME & OFFICE (City's CEO) Attachment N 49 CFR 18.42 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post -Award Requirements Retention and access requirements for records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and other records of grantees or subgrantees which are: (i) Required to be maintained by the terms of this part, program regulations or the grant agreement, or (ii) Otherwise reasonably considered as pertinent to program regulations or the grant agreement, (2) This section does not apply to records maintained by contractors or subcontractors. For a requirement to place a provision concerning records in certain kinds of contracts, see Sec. I8.36(i)(10). (b) Length of retention period. (1) Except as otherwise provided, records must be retained for three years from the starting date specified in paragraph (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3 -year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3 -year period, whichever is later. (3) To avoid duplicate recordkeeping, awarding agencies may make special arrangements with grantees and subgrantees to retain any records which are continuously needed for joint use. The awarding agency will request transfer of records to its custody when it determines that the records possess long -teen retention value. When the records are transferred to or maintained by the Federal agency, the 3 -year retention requirement is not applicable to the grantee or subgrantee. (c) Starting date of retention period --(1) General. When grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the grantee or subgrantee submits to the awarding agency its single or last expenditure report for that period. However, if grant support is continued or renewed quarterly, the retention period for each year's records starts on the day the grantee submits its expenditure report for the last quarter of the Federal fiscal year. In all other cases, the retention period starts on the day the grantee submits its final expenditure report. If an expenditure report has been waived, the retention period starts on the day the report would have been due. (2) Real property and equipment records. The retention period for real property and equipment records starts from the date of the disposition or replacement or transfer at the direction of the awarding agency, (3) Records for income transactions offer grant or subgrant support. In some cases grantees must report income after the period of grant support. Where there is such a requirement, the retention period for the records pertaining to the earning of the income starts from the end of the grantee's fiscal year in which the income is earned. (4) Indirect cost rale proposals, cost allocations plans, etc. This paragraph applies to the following types of documents, and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (i) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the grantee) to form the basis for negotiation of the rate, then the 3 -year retention period for its supporting records starts from the date of such submission. (ii) If not submitted fbr negotiation. If the proposal, plan, or other computation is not requirect to be submitted to the Federal Government (or to the grantee) for negotiation purposes, then the 3 -year retention periud iur Lire prupusai plan, vi cuurpuUMMI and iia supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. (d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (e) Access to records --(I) Records of grantees and subgrantees. The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. (f) Restrictions on public access. The Federal Freedom of Information Act (5 U.S.C. 552) does not apply to records unless required by Federal, State, or local law, grantees and subgrantees are not required to pennit public access to their records. [Revised as of October 1, 1997] Attachment O CERTIFICATION FOR GRANTS, LOANS, ANI) COOPERATIVE ACRL0%1lENT8 The undersigned certifies to the best of his knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not l'4s than $10,000 and not more than $100,000 for each such failure. i1 ,cera joruan r of Fayetteville Attachment P Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https://www.fsrs.govl) FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USAS endin . ov. A Prime Grant Recipient (hereinafter called AHTD (the Arkansas State Highway and Transportation Department)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010. AHTD is required to file a FFATA sub -award report for any sub -grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, provide the following information to AHTD in order to fulfill FFATA reporting requirements: shall V, A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity; V The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). Page 1 of 2 Attachment P Reauired Sub-Awardee Information (A) Sub-Awardee — DUNS Number: Parent (if applicable) — DUNS Number: (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes / No (Circle one) If "Yes" is selected, answer (C). (C) Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number entered above belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes / No (Circle one) If "Yes" is selected, visit http://www.sec.govledgar.shtml for reference. If "No" is selected, answer (D). (D) if "No" was selected in Question "C", complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the DUNS number entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names and Compensation of Most Highly Compensated Officers 1. Name: _ _ _ _ Amount: $. 2. Name: Amount $ 3. Name: Amount 4. Name: Amount: $ 5. Name Amount: $ Page 2 of 2 DEVELOPMENT CONSULTANTS INCORPORATED HWY 112/MAPLE — RAZORBACK TO GARLAND BID # 18-27 2018-06-01 To: CHRIS BROWN City Engineer Subject: Contract Award Recommendation Reference is made to bids opened June 1, 2018 (Bid# 18-27) for the HWY 112/Maple — Razorback to Garland project which proposes to reconstruct the Maple/Razorback intersection nC M011 ar Unnlp street frnm Rarnrhnrk Rnarl to Garland Avenue with overlays of Garland from Maple Street to Wedington Avenue and Razorback Road from Maple Street to Leroy Pond. The apparent low bidder is kQ,,b/ , /z C der �r�, �.; r, The low bid amount was The low bid is 1,1% above/below the Engineer's Estimate of $2,762,831.56. The bid does not appear to contain any errors or omissions, and all bid requirements appear to have been met. Based on this information, Mr. Jay Young, Vice President of Development Consultants Inc., recommends that this contract be awarded to N c,bl,U d'7,`v--7 Sincerely, Jay Young Vice President 1IPage Construction - Hwy 112 Maple Street Improvements Bid No. 18-27 CITY OF FAY E T T E V I L L E Official Bid Tabulation ARKANSAS Bid No. 18-27 Date: 06.01.2018 Time: 2:00 PM Lioneld Jordan, Mayor Certification of Funds: $4,2500,000.00 Max Bid Award Limit: $5,312,500.00 Number of Addendums: 2 Crossland Heavy Contractors, Inc. Nabholz Construction, Inc. UNIT UNIT ITEM ESTIMATED NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 Mobilization (Shall not exceed 5% of LS 1 $ 160,000.00 $ 160,000.00 $ 115,000.00 $ 115,000.00 Total Bid for Sch. 1) 2 Insurance and Bonding LS 1 $ 45,000.00 $ 45,000.00 $ 40,000.00 $ 40,000.00 3 Roadway Construction Control LS 1 $ 75,000.00 $ 75,000.00 $ 53,000.00 $ 53,000-00 (Stalking) 4 Trench & Excavation Safety Systems LS 1 $ 1,000,00 $ 1,000.00 $ 2,700.00 $ 2,700.00 5 Erosion Control LS 1 $ 50,000.00 $ 50,000.00 $ 18,000.00 $ 18,000.00 6 Clearing & Grubbing LS 1 $ 50,000.00 $ 50,000-00 $ 43,000.00 $ 43,000.00 7 R & D Existing Curb and Gutter LF 2,532 $ 7.00 $ 17,724.00 $ 9.75 $ 24,687.00 8 R & D Existing Asphalt Pavement SY 8,905 $ 9.00 $ 80,145.00 $ 10.75 $ 95,728.75 9 R & D Existing Concrete Sidewalk SY 965 $ 19.00 $ 18,335.00 $ 9.40 $ 9,071.00 10 R & D Existing Storm Drain Inlet EA 1 $ 3,000.00 $ 3,000.00 $ 1,100.00 $ 1,100.00 11 R & D Existing Street Sign and Return EA 21 $ 150.00 $ 3,150.00 $ 100.00 $ 2,100.00 to Owner 12 R & D Existing Pedestrian Crossing EA 1 $ 3,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 Equipment and Return to Owner ITEM ESTIMATED NO. DESCRIPTION UNIT QUANTITY Crossland Heavy Contractors, Inc. Nabholz Construction, Inc. UNIT PRICE AMOUNT UNIT PRICE AMOUNT 13 R & D Existing Light Pole and Return to Owner EA 3 $ 500.00 1,500.00 $ 400.00 $ 1,200.00 14 R & D Existing Parking Meter and Return to Owner EA 4 $ 400.00 $ 1,600.00 $ 100.00 $ 400.00 15 IR & D Existing Headwalls EA 1 $ 3,000.00 3,000.00 $ 300.00 $ 300.00. 16 jAsphalt Milling SY 5,603 $ 6.50 > 36,419.50 $ 6.35 $ 35,579.05 17 Unclassified Excavation (Plan Quantity) CY 530 $ 33.00 $ 17,490.00 $ 21.20 $ 11,236.00 18 Compacted Embankment (Plan Quantity) CY 11,200 $ 22.00 > 246,400.00 $ 11.85 $ 132,720.00 19 Rock Excavation CY 50 $ 100.00 5,000.00 $ 160.00 $ 8,000.00 20 Subgrade Preperation CY 19,090 $ 4.50 ? 85,905:00 $ 2.75 $ 52,497.50 21 4" Topsoil Placement SY 3,800 $ 4.00 15,200.00 $ 3.05 $ 11,590.00 22 18" RCP, Class III LF 190 $ 83.00 $ 15,770.00 $ 84.00 $ 15,960.00 23 24" RCP, Class III LF 747 $ 86.00 $ 64,242.00 $ 116.00 $ 86,652.00 24 36" RCP, Class III LF 200 $ 116.00 $ 23,200.00 $ 118.00 $ 23,600.00 25 4' DIA. Curb Inlet EA 10 $ 4,900.00 > 49,000.00 $ 4,700.00 $ 47,000.00 26 5' DIA. Grated Inlet EA 1 $ 5,400.00 j 5,400.00 $ 4,900.00 $ 4,900.00 27 4' DIA. Grated Inlet EA 2 $ 4,900.00 j 9,800.00 $ 4,300.00 $ 8,600.00 28 4' DIA. Junction Box Under Pavement EA 1 $ 6,600.00 > 6,600.00 $ 4,700.00 $ 4,700.00 29 9' x 9' Junction Box Under Pavement LS 1 $ 10,100-00 > 10,100.00 $ 7,800.00 $ 7,800.00 30 4' Curb Inlet Extentsion EA 17 $ 1,350.00 ; 22,950.00 $ 840.00 $ 14,280.00 31 4' Double Throat Curb Inlet EA 2 $ 4,600.00 9,200.00 $ 5,500.00 $ 11,000.00 32 IDouble Combination Inlet EA 1 $ 11,500.00 j 11,500.00 $ 7,600.00 $ 7,600.00 33 ITriple Combination Inlet EA 1 $ 12,900.00 > 12,900.00 $ 8,900.00 $ 8,900.00 34 Connect New 18" RCP to Exsisting Junction Box EA 1 $ 2,200.00 2,200.00 $ 1,200.00 $ 1,200.00 35 Connect New 24" RCP to Existing Junction Box EA 1 $ 2,200.00 j 2,200.00 $ 1,300.00 $ 1,300.00 36 Headwall at STA 206+10 LT LS 1 $ 20,000.00 $ 20,000.00 $ 12,800.00 $ 12,800.00 Crossland Heavy Contractors, Inc. Nabholz Construction, Inc. UNIT UNIT ITEM ESTIMATED NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 37 Remove and Reconstruct Top of EA 3 $ 4,500.00 $ 13,500.00 $ 3,900.00 $ 11,700.00 Existing Drop Inlet 38 Raise Existing Grated Inlet to Grade EA 1 $ 1,700.00 $ 1,700.00 $ 3,700.00 $ 3,700-00 39 Convert Existing Inlet to Junction EA 1 $ 6,000.00 $ 6,000.00 $ 3,600.00 $ 3,600.00 Box 40 Asphalt Concrete Hot Mix Base TON 2,100 $ 75.00 $ 157,500.00 $ 72.70 $ 152,670.00 Course (11/2) PG 64-22 41 Asphalt Concrete Hot Mix Binder TON 1,058 $ 85.00 $ 89,930.00 $ 84.40 $ 89,295.20 Course (1") PG 64-22 42 Asphalt Concrete Hot Mix Surface TON 4,926 $ 95.00 $ 467,970.00 $ 93.90 $ 462,551.40 Course (1/2") PG 70-22 43 ACHM Patching of Existing Roadway TON 250 $ 210.00 $ 521500.00 $ 200.00 $ 50,000.00 (Maintenance of Traffic) 44 PCC Base Widening (5") SY 637 $ 70.00 $ 44,590.00 $ 46.00 $ 29,302.00 45 PCC Base Widening (10") SY 507 $ 100.00 $ 50,700.00 $ 75.00 $ 38,025.00 46 Cobblestone Pavers SY 60 $ 225.00 $ 13,500.00 $ 160.00 $ 9,600.00 47 Asphalt Pavers SY 86 $ 235.00 $ 20,210.00 $ 130.00 $ 11,180.00 48 Concrete Curb & Gutter (Standard) LF 3,502 $ 19.00 $ 66,538.00 $ 18.00 $ 63,036.00 49 Concrete Curb & Gutter (7") LF 663 $ 20.00 $ 13,260.00 $ 20.20 $ 13,392.60 50 4" Concrete Sidewalk SY 2,537 $ 58.00 $ 147,146.00 $ 56.00 $ 142,072.00 51 6" Concrete Driveway SY 193 $ 68.00 $. 13,124.00 $ 68.00 $ 13,124.00 52 Concrete ADA Ramp SY 85 $ 165.00 $ 14,025.00 $ 93.00 $ 7,905.00 53 1 Cast-in-Place Detectable Warning SF 320 $ 19.00 $ 6,080.00 $ 27.00 $ 8,640.00 Devices (Truncated Domes) 54 Solid Sod SY 3,800 $ 4.50 $ 17,100.00 $ 4.25 $ 16,150.00 55 Tree Protection Fencing LF 1,293 $ 8.00 $ 10,344.00 $ 5.50 $ 7,111.50 56 Relocate Existing Fire Hydrant EA 1 $ 5,700.00 $ 5,700.00 $ 500.00 $ 500.00 57 Raise/Lower Existing Sanitary Sewer EA 10 $ 1,200.00 $ 12,000.00 $ 2,000.00 $ 20,000.00 Manhole to Grade 58 1 Raise Existing Hatch to Grade EA 1 $ 1,350.00 1 $ 1,350.00 $ 3,500.00 $ 3,500.00 C M nie, CPPD, CPPD, Purchasing Manager Witness Date G Crossland Heavy Contractors, Inc. Nabholz Construction, Inc. UNIT UNIT ITEM ESTIMATED NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 59 Handrail LF 24 $ 85.00 2,040.00 $ 102.00 $ 2,448.00 60 6" Irrigation Conduit LF 415 $ 18.00 > 7,470.00 $ 25.80 $ 10,707.00 61 6" Lighting Conduit LF 415 $ 18.00 > 7,470.00 $ 25.80 $ 10,707.00 62 Thermoplastic Pavement Marking LF 7,077 $ 1.25 8,846.25 $ 1.20 $ 8,492.40 White (6") 63 Thermoplastic Pavement Yellow LF 10,841 $ 1.25 > 13,551.25 $ 1.20 $ 13,009.20 Marking (6") 64 Thermoplastic Pavement Marking LF 2,542 $ 10.00 j 25,420.00 $ 9.70 $ 24,657.40 White (1Z") 65 Thermoplastic Pavement Marking EA 38 $ 315.00 > 11,970.00 $ 350.00 $ 13,300.00 Directional Arrow 66 Thermoplastic Pavement Marking EA 22 $ 350.00 > 7,700.00 $ 350.00 $ 7,700.00 "Only" 67 Thermoplastic Pavement Marking EA 454 $ 75.00 34,050.00 $ 72.75 $ 33,028.50 (9"R Dots) 68 1 Black Out Existing Striping LF 1,554 $ 2.S0 j 3,885.00 $ 2.50 $ 3,885.00 69 Traffic Control & Maintenance LS 1 $ 140,000.00 > 140,000.00 $ 99,000.00 $ 99,000.00 70 Utility Tunnel Preservation LS 1 $ 10,000.00 ? 10,000.00 $ 3,600.00 $ 3,600.00 71 Project Signs EA 2 $ 950.00 1,900.00 $ 900.00 $ 1,800.00 72 Site Photographs & Video LS 1 $ 6,000.00 6,000.00 $ 1,500.00 $ 1,500.00 73 1HAWK Signal, Maple LS 1 $ 95,000.00 ? 95,000.00 $ 87,500.00 $ 87,500.00 74 Traffic Signal Stadium and Maple, LS 1 $ .215,000.00 ? 215,000.00 $ 200,000.00 $ X00,000.00 Installed Complete 75 Traffic Signal Razorback and Maple, LS 1 $ 215,000.00 `> 215,000.00 $ 200,000.00 $ 200,000.00 Installed Complete TOTAL BASE BID $ 3,214+000.00 $ 2,793,590.50 C M nie, CPPD, CPPD, Purchasing Manager Witness Date G DOCUMENT 0400 -BID FORM Contract Name: Hwy 1 12./Maple-Razorback to Garland Bid Number: 18-27 BID "1 O: Owner: The City of Fayettevi Ile, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Nabholz Construction Services 3301 N 2nd St Rogers, AR 72756 ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents forthe Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of' counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400 -Bid Form 00400-1 DOCUMENT0400-BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents; as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 41 05.25.18 #2 05.10.18 B, Bidder has visited the Site and become familiar with and is satisfied. as tp the general, local, and Site cotiditions that may at cost, progress, perfonnance. and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost; progress, performance, and furnishing of the Work. D. _Bidder has carefully studied all: (l) reports ofexplorations and tests of' subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any. at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E, Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations. 0100 -Bid Form 00400-2 DOCUM E,NT 0400-1;31D FQRN! oontinu.ed investigations, explorations. tests, studies; and data concerning conditions (surface, subsurface; and Underground Facilities) at or contiguous to the Site or otherwise which may aflcet cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations; investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times; price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies. and data with the Contract Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the'Contract Documents, and the written resolution thereof by Fngineer is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this 13 id is submitted. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited anv other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and 0100 -Bid Form 00400-3 DOCUMENT 0400 -BID FORM (continued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance NN ith all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4- BID PRICE Bidders are required to provide pricing for all line items. including deductive alternate items. failure to provide deductive alternate pricing can result in bid rejection. The City intends to av,,'ard this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project Pins 25°x, the City will utilize .the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 254%. all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization" exceed 5% o1 the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the 'Work in accordance with the Contract Documents for the following price(s): 0400 -Bid Foran 00400-4 DOCUMENT 0440 -BID FORM (ennkinued) BID SCHEDULE 1 ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL I Mobilization (Shall not exceed 5% of Total Bid for Sch.1) LS 1 $115,000.00 $115,000.00 2 Insurance and Bonding LS 1 $40,000.00 $40,000.00 3 Roadway Construction Control (Staking) LS 1 $53,000.00 $53,000.00 4 Trench & Excavation Safety Systems LS 1 $2,700.00 $2,700.00 5 Erosion Control LS 1 $18,000.00 $18,000.00 6 Clearing, Grubbing, & Demolition LS 1 $43,000.00 $43,000.00 7 R&D Existing Curb and Clutter 1.E 2,532 $9.75 $24,687.00 8 R&D Existing Asphalt Pavement SY 8,905 $10.75 $95,728.75 9 R&D Existing Concrete Sidewalk SY 965 $9.40 59,071.00 10 R&D Existing Storm Drain inlet EA 1 $1,100.00 $1,100.00 I 1 R&D Lxisting'Street Sign and Return to Owner EA 2.1 $100.00 $2,100.00 12 R&D Existing Pedestrian Crossing 'Equipment and Return to Owner LS 1 $1,000.00 $1,000.00 13 R&D Existing Light Pole and Return to Owner EA 3 $400.00 $1,200.00 14 R&D Existing Parking Meter and Return to Owner EA 4 $100.00 $400.00 15 R&D Fxisting Headwalls EA 1 $300.00 $300.00 16 Asphalt Milling SY 5,603 $6.35 $35,579.05 0400 -Bid Form 00400-5 DOCUMENT 0400 -BID FORM (coutinued) ITEM NO. DESCRIPTION UNIT I EST. QTY UNIT PRICE TOTAL 17 Unclassified Excavation (Plan Quantity) CY 530 $21.20 $11,236.00 is Select Embankment (Plan Quantity) CY 11,200 $11.85 $132,720.00 19 Rock Excavation CY 50 $160.00 t:8,000,00 $52,497.50 20 Subgrade Preparation SY 19,090 $2.75 21 4" Topsoil Placement SY 3,800 $3.05 $11,590.00 22 18" RCP, Class III LF 190 $84.00 $15,960.00 23 124" RCP, Class III LF 1 747 1 Sl 16,00 $86,652.00 24 36" RCP, Class III LF 200 $118.00 $23,600.00 25 4' DIA. Curb Inlet EA 10 $4,700.00 $47,000-00 26 5' DIA. Grated Inlet EA 1 $4,900.00 $4,900.00 1 27 4' DIA. Junction Box EA 2 $4,300.00 $8,600.00 28 4' DIA. Junction Box Under Pavement EA 1 $4,700.00 $4,700.00 29 9 'X 9' Junction Box STA 206+ 10 LT i's 1 $7,800.00 $7,800,00 30 4' Curb Inlet Extension EA 17 $840.00 $14,290.00 31 4' DIA. Double Throat Inlet EA 2 $5,500.00 $11,000.00 32 Double CombinAtion Inlet EA 1 $7,600,00 $7,600,00 33 ITriple Combination Inlet EA 1 $8,900.00 $8,900.00 � 0400 -Bid Form 00400-6 k0CCIM1ENT0400-BID FORM (conflnued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL, 34 Connect New 18" RCP to Existing Junction Box BA 1 51,200.00 $1,200,00 35 Connect New 24" RCP to Existing Junction Box EA 1 $1,300.00 $1,300.00 36 Headwall at STA 206+10 LT LS 1 $12,800.00 $12,800.00 37 Remove and Reconstruct Top of Existing Drop inlet FA 3 $3,900.00 $11,700.00 38 Raise Existing Grated Inlet to Grade EA 1 $3,700.00 $3,700.00 39 Convert Existing Inlet to Junction Box £A 1 $3,600.00 $3,600.00 40 Asphalt Concrete Hot Mix Base Course (1 1/2") PG 64-22 TON 2,100 $72.70 $152,670.00 41 Asphalt Concrete Hot Mix Binder Course (1 ") PG 64-22 TON 1,058 $84.40 $89,295.20 42 Asphalt Concrrte Hot Mix Surface Course (112") PG 70-22 TON 4,926 $93.90 $462,551,40 43 ACI -IM Patching of Existing Roadway (Maintenance of Traffic) TON 250 $200.00 $50,000.00 44 PCC Base Widening (5") SY 637 $46.00 $29,302.00 45 PCC Base Widening (10") SY 507 $75.00 $38,025.00 46 Cobblstone Pavers SY 60 $160.0,0 $9,600.00 47 Asphalt Pavers SY 86 $130.00 $11,180.00 48 Concrete Curb & Gutter (Standard) LF 3,502 $18.00 $63,036.00 49 Concrete Curb & Gutter (7") LF 663 $20.20 $13,392.60 50 4" Concrete Sidewalk SY 2,537 $56.00 $142,072.00 0400 -Bid Form 00400-7 DOCCMENT 0400 -BID FORM (continued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 51 6" Concrete Driveway Sy 193 $68.00 $13,124.00 52 Concrete ADA Ramp Sy 85 $43.00 $7,905.00 53 Cast -in -Place Detectable Warning Devices (Truncated Domes) SF 320 $27.00 $8,640.00 54 Solid Sod SY 3,800 $4.25 $16,150.00 55 Tree Protection Fencing LF EA 1,293 1 $5.50 $7,111.50 56 Relocate Existing Fire Hydrant $500-00 $500.00 57 Raise/Lower Existing Sanitary Sewer Manhole to Grade EA 10 $2,000.00 $20,000.00 58 Raise Existing Hatch to Grade EA 1 $3,500.00 $3,500.00 59 Handrail LF 24 $102.00 $2,448.00 60 6" Irrigation Conduit LF 415 $25.80 $10,707.00 61 6" Lighting Conduit LF 415 $25.80 $10,707.00 62 Thermoplastic Pavamcnt Marking White (6") 1,1. 7,077 $1.20 $1.20 $8,492.40 63 Thermoplastic Pavement Marking Yellow (6") LF 10,841 $13,009.20 64 Thermoplastic Pavement Marking White (12") LF 2,542 $9.70 $24,657.40 ` 65 Thermoplastic Pavement Marking Directional Arrow FA 38 S350-00 $13,300.00 66 Thermoplastic Pavement Marking "Only" EA 22 $350.00 $7,700.00 67 Thermoplastic Pavement Marking (9" R Does) EA 454 $72.75 $33,028.50 04010 -Bid Porno 00440-8 DOCUIMENT 0400 -BID FORM (continued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 68 Black Out Existing Striping LF 1,554 $2.50 $3,885.00 69 Traffic Control & Maintenance LS 1 $99,000.00 $99,000.00 70 Utility Turamel Preservation LS 1 $3,600.00 $3,600.00 71 Project Signs EA 2 $900.00 $1,800.00 72 Site Photographs & Video LS 1 $1,500.00 $1,500.00 73 HAWK Signal, Maple LS 1 $87,500,00 $87,500.00 74 Traffic Signal Stadium and Maple, Installed Complete LS 1 $200,000.00 $200,000.00 75 Traffic Signal Razorback and Maple, Installed Complete LS 1 $200,000.00 $200,000.00 TOTAL AMOUNT BID (SCHEDULE X) $ 2, 793, 590.50 *** Total bid amount for all bid items listed above and total of subtotals listed above. Award will be to single contractor based on the total amount bid. Bidders shall submit a bid for all line items. 0400 -Bid Form 00400-9 DOCUMENT 0400 -BID FORM (continued) TOTAL AMOUNT BID (SCHEDULE. 1) � ��� � d 3,'2) L 5,`tkc, > �.� 0 *** "total bid amount for all bid items listed above and total of subtotals listed above. Award will be to single contractor based on the total amount bid. Bidders shall submit a bid for all line items. ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement, 5.02 Bidder accepts the provisions of the Agrceutent as to liquidated damages in the event Of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form ofa cashier's check from a batik located in the State of Ark3liS S or a Bid Bond in the amount of d Dollars (5 1 B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. 0400 -Bid Fonn 00400-09 ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: 8.01 Z U' s JC- A Al lk F.itttaiI :Ty3f�n. c�e�`�[,_� �lubl�ol � Phone No. 8r� `I- H� d i — -- Fax:vo. qj-,-G2r-gG3p5 0400 -Bid .Form (104 00-10 DOCUMENT 0400 -Bill FORM cantinued ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Rid which are defined in the GENEKAL CONDITIONS or Instructions to Bidders will have the meanings assigned to thein. SUBMITTED on _42/6 112018 - 20_ Arkansas State Contractor If Bidder is: An Individual Name (type or printed) Bym (Individual's SiQnatlll'C) Doing business as: Business address: Phone No: Fax No. Ernail Address_ A Partnership Partnership Narne : _ ___(SEAL) By (Signature of general partner -attach evidence of authority to sign) Name (type or printed): _.._. Business address: Phone No: Email Address: Fax No, 0400 -Bid Fore 00400-1 1 DOC U NI ENT 0400 -BID FORM (continued I A Curporation or LLC Corporation Name M46ho)e. (6A.S-ftu1:-4j_6AJ. --(SEAL) State of Inicorporation:_ Type (General flusi nes�;, Professional. Service. U iiii ted Liability): � By: A,?_fiaturro I'gen era! partner -attach evidence of authority to sign) Name (type Title: V (COR1.10RATE SEAL) Atiest 0 I 'S, i wir r rporate Secretary) 4A bh a I f crv-_ " J21, Business address:-,. 3�_d 1 -Ar IU Phone No: `17� - (P.F 71'0-7 f ax No. q 71 - 6:? 10 . . ....... . . .... ..... . 11 ... ... .... Email Address:_—�f i f "VAO T END OF DOCUMENT 00400 May 31, 2018 Justin Belk, Senior Project Manager of Nabholz Construction Corporation is an authorized agent by Nabholz Construction Corporation to act as a signatory for project number 18-27 Hwy 112/Maple- L3..I. t., G_,.Iaind uy tt 'll_ n i I. _ p "'� rUU,U"O0.00. �LLUI U'r5 i.l\ LV VIIUIIiA 1 LiiC��llll:, n �cl r�I,�G� U lV .J,J Respectfully submitted, -etary My Commission expires: a, Z2/20Z Seal: City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2018 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Recognize Federal -aid funds of $2,473,590 available for the Hwy 112 (Maple St) project which will be reimbursed by Arkansas Department of Transportation (ArDOT). Recognize 10% matching funds of $300,000 from the University of Arkansas. Move $94,684 from subproject 1 to subproject 3500. RESOLUTION/ORDI NANCE COUNCIL DATE: LEGISTAR FILE ID#: 6/5/2018 2018-0264 L 63, R (A tche�n& 6/4/2018 2:32 PM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL 2,773,590 2,773,590 v.20180417 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 4470.800.8835-4309.00 - 2,473,590 06035 3500 RE Federal Grants - Capital 4470.800.8835-5809.00 2,473,590 - 06035 3500 EX Street Improvements - Street Improveme 4470.800.8830-4305.00 - 300,000 06035 3500 RE Commercial Grants - Commercial Grants 4470.800.8820-5809.00 300,000 06035 3500 EX Street Improvements - Street Improveme 4520.800.9556-5809.00 (94,684) 06035 1 EX Street Improvements - Street Improveme 4520.800.9556-5809.00 94,684 06035 3500 EX Street Improvements - Street Improveme C:\Users\Iosmith\App Data\Roaming\L5\Temp\Oeac32eb-Oaeb-4fcf-9daa-d8ab90bO5cc1 1 of 1 City of Fayetteville Staff Review Form 2020-0063 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Change Order #4 with Nabholz Construction Paul Libertini�w 1/17/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: APPROVAL OF CHANGE ORDER #4 (FINAL) WITH NABHOLZ CONSTRUCTION, INC. FOR IMPROVEMENTS TO HWY 112 (MAPLE ST) FROM RAZORBACK ROAD TO GARLAND AVENUE IN THE AMOUNT OF -($694.23). 4470.800.8835-5809.00 Account Number 06035.3500 Budget Impact: Sales Tax Capital Improvement Fund Henry 112 (Maple) Razorback to Garland Project Number Project Title Budgeted Item? Yes Current Budget $ 2,592,663.00 Funds Obligated $ 2,414,945.00 Current Balance _177,718.00 Does item have a cost? Yes Item Cost $ (694.23) Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 178,412.23 Purchase Order Number: 2018-00000468 Previous Ordinance or Resolution # 132-18 Change Order Number: n Original Contract Number: 2019-00000022 Comments: Approval Date: V20180321 1/28/2020 CITY OF FAYETTEVILLE ryARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engine�� DATE: January 17, 2020 SUBJECT: Approval of Construction Change Order #4 (Final) Hwy 112 (Maple St) — Razorback Rd to Garland Ave STAFF MEMO RECOMMENDATION: Staff recommends approval of Change Order #4 (Final) which will decrease the contract amount by -$694.23. BACKGROUND: On January 3, 2017, the City Council approved the City's participation in a revised Partnering Agreement with the Arkansas Department of Transportation (ARDOT) to make needed improvements to Hwy 112 (Resolution 27-17). Upon completion of the improvements to Hwy 112, the City agreed to assume ownership and responsibility of Hwy 112 from Hwy 16 (1511 St) to Interstate 49. This resolution also authorized Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the construction of this project. DISCUSSION: Change Order #4 is the final construction change order for this project which reconciles the overruns and underruns of final bid item quantities requried to complete this project. This change order also adds a line item for the installation of underdrain along Razorback Road to capture water that is seeping out of the hillside for a cost of $3,800. The total of the Change Order #4 results in a reduction to the contract of -$694.23: BUDGET/STAFF IMPACT: This project is funded by the Transportation Bond Program. Attachments: Change Order #4 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 4701 Nonhshore Drive North Lillie Rock, AR 72118 TEL 501.376.3633 FAX 501.372.8042 mwi.6arverL1SA.com Construction Contract Change Order Project: Hwy 112/Maple-Razorback to Garland Fayetteville, Arkansas Garver Job No. 1301-4010 ARDOT Job No.: 040582 Change Order No. 4 Date Prepared: October 3, 2019 Prepared b : BSM Owner: City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas Contractor: Nabhoiz Construction Corporation 3301 N. 2nd Street Rogers, Arkansas 72756 Description of Work Included In Contract Reconstruction of portions of Hwy 112/Maple-Razorback to Garland roads, Including overlay, roadway construction, and pedestrain signal: Earthwork, storm drain, curb and gutter. Changes and Reasons Ordered (List individual Changes as: A, B. C. D, etc.) A. Addition of an under drain to capture underground drainage. e. Reconciliation of over and underruns. Attachments: WA Contract Changes Bid Item No. Bid Item Description Unit of Measure Original Contract Quantity Contract Unit Price Revised Contract Quantity Revised Unit Price Original Contract Cost Revised Contract Cost A. CO4.1 Under Drain LF 0 $0.00 152 $25.00 $0.00 $3,800.00 B. 7 CO3. to R & D Existing Curb and Gutter LF 2838 $9.75 3032 $9.75 $27,670.50 $29,562.00 B. 8 CO3.2A _ R & D Existing Asphalt Pavement SY 10390 $10.75 7,246 $10.75 $111,692.50 $77,895.58 B. 9 CO3.3A R & D Existing Concrete Sidewalk SY 1018 $9.40 1,211 $9.40 $9,569.20 $11,386.41 B. 10 R & D Existing Storm Drain Inlet EA 1 $1,100.00 2 $1,100.00 $1,100.00 $2,200.00 B t i R & D Existing Street Sign and Return to Owner EA 21 0 19 $100.00 $2,100.00 $1,900.00 B. 16CO1.1A/CO3.58 Asphalt Milling SY 20734 21132.06 $6,35 $_131,660.90 $134,188,58 B. _ 19 _ Rock Excavation CY 50 0 2.3 $160.00 $8,000.00 $368.00 B. _ 20 Subgrade Preparation CY 19090 9448.27 $2.75 $52,497.50 $25,982.74 B. 21 CO3.8A 4" Topsoil Placement SY 4370 N$4,300,00 9674.7 $3.05 $13,328.50 $29,507.84 B. 22 CO3.9A 18" RCP, Class III LF 267 169 $84.00 $22,428,00 $14,196.00 B. 23 CO3.10A 24" RCP, Class III LF 9830 878.5 $116.00 $114,028.00 _ $101,906.00 B. 24 36" RCP, Class UI LF _ 2000 173 $118.00 $23,600.� _ $20,414.00 B. _ 25 4' DIA. Curb Inlet EA 10 ,OD 11 $4,700.00 $47,000.00 $51,700.00 B. 27 CO3.12A 4'01A. Junction Box EA 7 00 9 $4,300.00 $30,100.00 $38,700.00 B. 30 CO3.11A 4' Curb Inlet Extension EA 26 $840.00 14 $840.00 $21,840.00 $11,760.00 B. 39 Convert Existing Inlet to Junction Box EA 1 $3,600.00 2 $3,600.00 $3,600.00 $7,200.00 B. 40 003.148 Asphalt Concrete Hol Mix Base Course (11112) PG 64-22 TON 2,320 $72.70 1866.15 $72.70 $166,664.00 $135,669.11 B. 41 CO3.158 Asphalt Concrete Hot Mix Binder Course 1" PG 64-22 TON 1158 $84.40 1134.79 $84.40 $97,735.20 $95,776.28 B. 42 CO3.168 Asphalt Concrete Hot Mix Surface Course 1/2" PG 70-22 TON 5322 $93.90 5461.54 $93.90 $499,735.80 $512,838.61 B 43 ACHM Patching of Existing Roadway Maintenance of Traffic TON 250 $200.00 76.01 $200.DO $50,000.00 $15,202.00 S. 44 CO3.17A ACC Base Widening 5" SY 1 1155 $46.00 1541.27 $46.00 $53,130.00 $70,898.42 B. 45 PCC Base Widenin 10" SY 507 $75.00 1155,27 $75.00 $38,025.00 $86,645.25 B. 46 Cobblestone Pavers SY 60 $160.00 61.91 $160.00 $9,600.00 $9,905.60 B. 47 As halt Pavers SY 86 $130.00 33 $130.00 $11,180.00 $4,232.80 B. 148 CO3.18A Concrete Curb & Gutter Standard LF 5058 $18.00 5,947 $18.00 $91,044.00 $107,046.00 B. 49 Concrete Curb & Gutter 7" LF 663 $20.20 378 $20.20 $13,392.60 $7,635.60 8. 50 CO3.19A 4" Concrete Sidewalk SY 3533 $56.00 4,380 $56.00 $197,848.00 $245,263.76 S. 51 0O3.20A _ 6" Concrete Driveway SY 309 $68.00 371 $66.00 $21,012.00 $25,213.04 S. 52 CO3.21A Concrete ADA Ramp SY 1 200 $93.00 217 $93.OD $16,600.00 $20,181.93 B. 53 CO3.22A Cast -in -Place Detectable Warning Devices Truncated Domes SF 443 $27.00 374 $27.00 $11,961,00 $10,098.00 8. 54 CO3.23A Solid Sod SY 4370 $4.25 9,675 $4.25 $18,572.50 $41,117.48 B. 55 Tree Protection Fencing LF 1293 $5.50 0 $5.50 $7,111.50 $0.00 B. 56 Relocate Existing Fire Hydrant FA 1 $50D.00 0 $500.00 $500.00 $0.00 B. 57 Raise/Lower Existing Sanitary Sewer Manhole to Grade EA to $2,000.00 6 $2,000.00 $20,000.00 $12,000.00 B. 59 CO3.24A Handrail LF 44 $102.00 24 $102.00 $4,488.00 $2,448.00 B. 60 6" Irrigation Conduit LF 415 $25.80 528 $25.80 $10,707.00 $13,622.40 8. 61 6" Lighting Conduit LF _ 415 -U&SO 528 $25.80 $10,707.00 $13,622.40 B 62 Thermoplastic Pavement Marking White 6" LF 7077 $1.20 6,852 $1.20 $8,492.40 $8,222.40 B. 63 Thermoplastic Pavement Yellow Markin 6") LF 10841 $1.20 1 11,284 1 $1.20 $13,009.20 $13,540.80 4701 Northshore Drive North Lillie Rock, AR 72118 TEL 501.376.3633 FAX 501.372.8042 www.GarvanlSA.com IJ Construction Contract Change Order Project: Change Order No. 4 Hwy 112/Maple-Razorback to Garland Date Prepared: October 3, 2019 Fayetteville, Arkansas Garver Job No. 1301-4010 ARDOT Job No.: 040582 Prepared by: _ BSM Owner: Contractor. City of Fayetteville Nabholz Construction Corporation 113 West Mountain Street 3301 N. 2nd Street Fa ettevilie, Arkansas Rogers Arkansas 72756 Description of Work Included In Contract Reconstruction of portions of Hwy 112/Maple-Razorback to Garland roads, including overlay, roadway construction, and pedestrain signal: Earthwork, storm drain, curb and gutter. B. 64 CO2.2A 1 CO3.25A Thermoplastic Pavement Marking LF 3953 $9.70 4,000 $9.70 $38,344.10 $38,800.00 White 12" B. 65 Thermoplastic Pavement Marking EA 36 $350.00 29 $350.00 $13,300.00 $10,150.00 Directional Arrow B 66 Thermoplastic Pavement Marking EA 22 $350.00 20 $350.00 $7,700.00 $7,000.00 'Only'- Ont 'B. B.68 Black Out Existing Striping LF 1 1554 $2,50 0 $2.50 $3,885.00 $0.00 B. 70 Utility Tunnel Preservation LS 1 $3,600.00 1 1 $3,600.00 $3,600,00 $2,700.00 B. 71 Pro ect Signs EA 2 $900.00 0 $900.00 $1,800.00 $0.00 B. 72 Site Photographs & Video LS 1 $1,500.00 0 $1,500.00 $1,500.00 $0.00 S. CO2.38 Tunnel Hatch Modification EA 1 $11,133.07 3 $11,133.07 $11,133.07 $33,399.21 S. CO2AC Construction Pavement Markings LF 4000 $2.00 4,31.6 $2.00 $8,000.00 _ $8,632.00 B. CO2.5C Construction Pavement Markings EA 3 $144.00 6 $144.00 $432.00 $864.00 (Words) B. CO2.6C Construction Pavement Markings EA 6 $116.00 8 $115.00 $690.00 $920.00 Arrows B. CO3.32 Undercut & Backfill CY 500 $40.00 224 $40.00 $20;000.00 $8,960.00 B. CO3.35 _ R&D Concrete Paver SF 174 $4.00 176 $4.00 $696.00 $704.00 B. CO3.37 R&D Concrete Stairs SF 355 $5.00 396 $5.00 $1,775.00 $1,980.00 B. CO3.39 12" RCP, -Class 111 LF 121 $82.00 120 $82.00 $9,922.00 $9,840.00 B. CO3.40 4' Combo Inlet EA 1 $8,500,00 2 $8,500.00 $8,500.00 $17,000.00 B. CO3.46 Asphalt Street Repair SF 1020 1 19,65 0 $9.65 $9,843.00 $0.00 B. CO3.47. Saw Cut LF 3300 $10.00 1436 1 $10.00.1 1$14 360.00 -$n'000.00 Summation of Coati $2.169,860.47 $2169,166.24 Net Cost for this Change Order $694.23 Estimated Project Cost Time Change Estimated Project Cost Contract Start Date Original Contract Time (calendar days) June 25, 2018 450 Original Contract Amount $2,793,690.50 Previously Approved Changes $688,943.77 Previously Approved Changes (calendar days) 0 This Change Order ($694.23) Additional Contract Time This Change Order (calendar days) New Contract Amount $3,481,840.04 Suspended Time (calendar days) New Construction Com lelion Date September 18, 2019 THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL_ CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS INDICATED ABOVE Engineer: Garver Q 1 zf top l9 Engineer's, SignJure Title _ Dat ACCEPTED BY CONTRACTOR �p Nabholz Construction Corporation a Title D e APPROVED BY z "7� OWNER Mayor64 - WOn.Slaqp(ature Zf.-f 1/28/2020 Title Date IJ