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HomeMy WebLinkAbout118-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 118-19 File Number: 2019-0323 NABHOLZ CONSTRUCTION, INC. CHANGE ORDER NO. 3: A RESOLUTION TO APPROVE CHANGE ORDER NO. 3 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION, INC. IN THE AMOUNT OF $603,497.15 TO PERFORM ADDITIONAL WORK ASSOCIATED WITH THE HIGHWAY 112 RAZORBACK ROAD TO GARLAND AVENUE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, approving Change Order No. 3 will allow Nabholz Construction, Inc. to perform additional work necessary for the Highway 112 Razorback Road to Garland Avenue Project which the City expects will be fully funded by the Arkansas Department of Transportation. 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 Change Order No. 3 to the contract with Nabholz Construction, Inc. in the amount of $603,497.15 to perform additional work associated with the Highway 112 Razorback Road to Garland Avenue project. 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 5/21/2019 Page 1 Printed on 5123119 File Number: 2019-0323 Resolution 118-19 Approved:: Attest: i w. oriel Jordan, or. Lisa Branson, Deputy City Clerl j%Ilflll►jh�� � Z) ;ER K Page 2 Printed on 5/23119 OF FPY ETT. City , v � m Text File File Number: 2019-0323 ,�.. ��RK4 NS �S Agenda Date: 5/21/2019 In Control: City Council Meeting Version: 1 NABHOLZ CONSTRUCTION, INC. CHANGE ORDER NO. 3: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Agenda Ready File Type: Resolution A RESOLUTION TO APPROVE CHANGE ORDER NO. 3 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION, INC. IN THE AMOUNT OF $603,497.15 TO PERFORM ADDITIONAL WORK ASSOCIATED WITH THE HIGHWAY 112 RAZORBACK ROAD TO GARLAND AVENUE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, approving Change Order No. 3 will allow Nabholz Construction, Inc. to perform additional work necessary for the Highway 112 Razorback Road to Garland Avenue Project which the City expects will be fully funded by the Arkansas Department of Transportation. 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 Change Order No. 3 to the contract with Nabholz Construction, Inc. in the amount of $603,497.15 to perform additional work associated with the Highway 112 Razorback Road to Garland Avenue project. 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 5/23/2019 Paul Libertini City of Fayetteville Staff Review Form 2019-0323 Legistar File ID 5/21/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/16/2019 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to approve Change Order #3 to the Highway 112 (Maple St) Razorback Road To Garland Avenue project in the amount of $603,497.15 and to approve a Budget Adjustment. 4470.800.8835-5809.00 Account Number 06035.3500 Project Number Budget Impact: Sales Tax Captial Improvement Fund Hwy 112 (Maple) Razorback to Garland Project Title Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Budget Adjustment Attached? Yes Item Cost Budget Adjustment Remaining Budget $ 1,713,873.00 $ 1,542,908.00 $ 170,965.00 $ 603,497.15 $ 603,498.00 $ 170,965.85 V20180321 Purchase Order Number: 2018-00000468 Previous Ordinance or Resolution # 132-18 Change Order Number: Original Contract Number: Comments: 3 2019-00000022 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 21, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff EngineeL6 DATE: May 16, 2019 CITY COUNCIL MEMO SUBJECT: Hwy 112 (Maple St) Razorback Rd to Garland Ave — Construction Change Order #3 with Nabholz Construction, Inc. RECOMMENDATION: Staff recommends City Council approval of Change Order #3 with Nabholz Construction, Inc. in the amount of $603,497.15. 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 (151h 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. On September 19, 2017, the Mayor signed the attached Agreement of Understanding. The City is obligated to manage the improvements to two portions of Hwy 112: • Hwy 112 from Leroy Pond Drive to North Street is currently under construction and anticipated to be completed this summer. • Hwy 112 from Poplar Street to Drake Street — the City will be managing project design, right-of-way acquisition, utility relocations, bidding and construction inspection. On June 5, 2018, City Council approved Resolution 132-18 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 this portion of Highway 112. Nabholz started construction in June of 2018 working throughout the summer and ending when the University opened for Fall classes. Nabholz completed an asphalt overlay on Garland Avenue from Maple Street to North Street/Wedington Drive. They also reconstructed a portion of Maple Street and Stadium Drive and installed a new signal at this intersection. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 7OFARKANSAS DEPARTMENT TRANSPORTATION The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: ARKANSAS DEPARTMENT OF TRANSPORTATION AnDOT.gov I IDriveArkansas.com I Scott E. Bennett, P.E., Director PROGRAM MANAGEMENT DIVISION 10324 Interstate 30 1 P.O. Box 22611 Little Rock,AR 72203-22611 Phone: 501.569.2262 1 Fax: 501.569.2623 June 4, 2019 Re: Job 040582 RECEIVED JUN 7 2019 CITY OF FAYETfEVILLE MAYOR'S OFFICE F.A.P. STPD -9142(35) Razorback Rd. — Garland Ave. (Hwy. 112) (Fayetteville) (S) Washington County Hwy. 112, Sec. 0 Reference is made to Change Order Number 3 recently submitted for the subject Federal -aid project. We hereby concur in the change, and a signed copy of the change order is enclosed for your use. Approval of this change order does not indicate a change in federal funding for this project. If you have any questions, please contact Carlos Meredith at (501) 569-2481. Sincerely, ision Engi er Program Man ement Enclosure c: Construction — Chuck Holland Transportation Planning and Policy District 4 Resident Engineer #43 Job 040582 'D' File 4701 Northshore Drive North Little Rods, AR 72118 TEL 501.376.3633 FAX 501.372.8042 www.GsrverUSAcorn Construction Contract Change Order Project: q(N�(1,1-)Change Order No. 3 Hwy 112/Maple-Razorback to Garland `p.0' Fr Date Prepared: May 1, 2019 Fayetteville, Arkansas Garver Job No. 1301-4010 ARDOT Job No.: 040582 Prepared by: SRY Owner: Contractor: City of Fayetteville Nabholz Construction Corporation 113 West Mountain Street3301 N. 2nd Street Fayetteville, 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. Changes and Reasons Ordered (List Individual Changes as: A, B, C, D, etc.) To add curb & gutter in order to maintain positive drainage, to provide concrete sidewalks and crossings to safely convey pedestrians adjacent to and thru the ROW, to A grade appropriately back to native grades from altered highway grades adjacent to the overlay work along Razorback Rd. B Increased quantity for pavement repair of damaged areas within the project limits along Maple Ave. and Razorback Rd. Attachments: Updated plans, Contractor Pricing Bid Bid Unit Original Contract Revised Revised Original Revised Contract Item Item of Contract Unit Contract Unit Contract Contract Changes No. Description Measure Quantity Price Quantity Price Cost Cost A 7 R&D Existing Curb and Gutter LF 2532 $9.75 2838 $9.75 $24,687.00 $27,670.50 A 8 R&D Existing Asphalt Pavement SY 8905 $10.75 10390 $10.75 $95,728.75 $111,692.50 A 9 R&D Existing Concrete Sidewalk SY 965 $9.40 1018 $9.40 $9,071.00 $9,569.20 A 15 R&D Existing Headwalls EA 1 $300.00 4 $300.00 $300.00 $1,200.00 B 16 C01 Asphalt Milling SY 19534 $6.35 20734 $6.35 $124,040.90 $131,660.90 A 17 Unclassified Excavation (Plan CY 530 $21.20 1582 $21.20 $11,236.00 $33,538.40 Quant A 18 Compacted Embankment (Plan CY 11200 $11.85 12484 $11.85 $132,720.00 $147,935.40 Quantity) A 21 4" Topsoil Placement SY 3800 $3.05 4370 $3.05 $11,590.00 $13,328.50 A 22 18" RCP, Class III LF 190 $84.00 267 $84.00 $15,960.00 $22,428.00 A 23 24" RCP, Class III LF 747 $116.00 983 $116.00 $86,652.00 $114,028.00 A 30 4' Curb Inlet Extension EA 17 $840.00 26 $840.00 $14,280.00 $21,840.00 A 27 4' Dia. Junction Box EA 2 $4,300.00 7 $4,300.00 $8,600.00 $30,100.00 A 38 Raise Existing Grated Inlet to Grade EA 1 $3,700.00 3 $3,700.00 $3,700.00 $11,100.00 B 40 Asphalt Concrete Hot Mix Base TON 2100 $72.70 2320 $72.70 $152,670.00 $168,664.00 Course 1 1/2" PG 64-22 B 41 Asphalt Concrete Hot Mix Binder TON 1058 $84.40 1158 $84.40 $89,295.20 $97,735.20 Course 1" PG 64-22 B 42 Asphalt Concrete Hot Mix Surface TON 4926 $93.90 5322 $93.90 $462,551.40 $499,735.80 Course 1/2" PG 70-22 A 44 PCC Base Widening (5") SY 637 $46.00 1155 $46.00 $29,302.00 $53,130.00 A 48 Concrete Curb & Gutter Standard LF 3502 $18.00 5058 $18.00 $63,036.00 $91,044.00 A 50 4" Concrete Sidewalk SY 2537 $56.00 3533 $56.00 $142,072.00 $197,848.00 A 1 51 6" Concrete Driveway SY 193 $68.00 309 $68.00 $13,124.00 $21,012.00 A 52 Concrete ADA Ramp SY 85 $93.00 200 $93.00 $7,905.00 $18,600.00 A 53 Cast -in -Place Detectableblaming SY 320 $27.00 443 $27.00 $8,640.00 $11,961.00 Devices (Truncated Domes A 54 Solid Sod SY 3800 $4.25 4370 $4.25 $16,150.00 $18,572.50 A 59 Handrail LF 24 $102.00 44 $102.00 $2,448.00 $4,488.00 A 64 CO2 Thermoplastic Pavement Marking LF 3548 $9.70 3953 $9.70 $34,415.60 $38,344.10 White 12" A CO3.26 Additional Insurance & Bonding LS 0 $0.00 1 $8,950.00 $0.00 $8,950.00 A CO3.27 Additional Roadway Construction LS 0 $0.00 1 $21,000.00 $0.00 $21,000.00 Control(Staking) A CO3.28 Additional Trench & Excavation LS 0 $0.00 1 $1,500.00 $0.00 $1,500.00 Safety System A CO3.29 Additional Erosion Control LS 0 $0.00 1 $18,000.00 $0.00 $18,000.00 A CO3.30 Additional Clearing & Grubbing LS 0 $0.00 1 $16,000.00 $0.00 $16,000.00 A CO3.31 Additional Traffic Control & LS 0 $0.00 1 $6,000.00 $0.00 $6,000.00 Maintenance A CO3.32 Undercut & Backfill CY 0 $0.00 500 $40.00 $0.00 $20,000.00 A CO3.33 R&D 12" RCP LF 0 $0.00 20 $40.00 $0.00 $800.00 A CO3.34 R&D 18" RCP LF 1 0 $0.00 6 $45.00 $0.00 $270.00 A CO3.35 R&D Concrete Paver SF 0 $0.00 174 $4.001 $0.00 1 $696.00 A CO3.36 R&D Concrete Paving SF 0 $0.00 645 $2.00 $0.00 1 $1,290.00 A CO3.37 R&D Concrete Stairs SF 0 $0.00 355 $5.00 $0.00 $1,775.00 A CO3.38 Plug15"x18" RCP EA 0 $0.00 1 $700.00 $0.00 $700.00 A CO3.39 12" RCP, Class III LF 0 $0.00 121 $82.00 $0.00 $9,922.00 This summer's work is to complete the rest of Maple Street west to Razorback Road and reconstruct this intersection with traffic signalization. During the construction break (University school year), it was brought to our attention by University staff that the west side of Razorback Road is only scheduled to receive an asphalt overlay, but really needs concrete curb & gutter to better protect the edge of asphalt, help with improving drainage which would also allow the construction of sidewalk and curb inlets to replace the open ditch. DISCUSSION: This is a very large change order at $603,497.15, but it is expected to be fully funded by ARDOT. However, before ARDOT will review & approve it, they need the Mayor's signature. In addition to the Mayor's signature, we need City Council's approval to recognize the additional revenue from ARDOT. Staff requested that ARDOT review and provide written approval of the proposed change order prior to presenting this item to City Council, but we recently learned that the Mayor's signature is mandatory. Due to the time sensitive nature of this item and the need to get the work completed this summer, an expedited review is requested. This request is contingent upon ARDOT's written approval. The local ARDOT office will send this to the Central Office in Little Rock for final review and approval. Any proposed items that are not approved by ARDOT will be removed from the contract. In any case, bottom line, there will not be a cost to the City for this additional work. BUDGET/STAFF IMPACT: Change Order #3 will be fully (100%) funded by the Arkansas Department of Transportation. The City will make the initial payments to the Contractor from the Transportation Bond Program fund and then request 100% reimbursement from the Department. Attachments: Change Order #3 prepared by Garver Resolution 132-18 awarding bid to Nabholz Construction, Inc. Agreement of Understanding with the Arkansas Department of Transportation Resolution 27-17 allowing the City to enter into a Partnering Agreement with ARDOT A CO3.40 4' Combo Inlet EA 0 $0.00 1 1 $8,500.00 $0.00 $8,500.00 A- CO3.41 . 4' Area Inlet EA 0 $0.00 1 $4,800.00 $0.00 $4,800.00 A CO3.42 Adjust Junction Box EA 0 $0.00 2 $3,700.00 $0.00 $7,400.00 A CO3.43 Trench Drain w/ R -4990 -CX Grates LF 0 $0.00 90 $400.00 $0.00 $36,000.00 A CO3.44 Convert Grate Inlet to Curb Inlet w/ EA 0 $0.00 - 9 $5,900.00 $0.00 - $53,100.00 Throat Ext A CO3.4$ Asphalt Pavers SY 0 $0.00 20 $345.00 $0.00 $6,900.00 A 203.46 As halt Street Repair SF 0 $0.00 1020 $9.65 $0.00 $9,843.00 A 203.47 Saw Cut LF 0 $0.00 3300 $10.00 $0.00 $33,000.00 Summation of Cost $1,560,174.85 $2,163,672.00 Net Cost for this Change Order $603,497.15 Estimated Project Cost Time Change Estimated Project Cost Contract Start Date Original Contract Time (calendar days) June 25, 2018 450 Original Contract Amount r $2,793,590.50 Previously Approved Changes $85,446.62 Previously Approved Changes (calendar days) 0 This Change Order $603,497.15 Additional Contract Time This Change Order (calendar days) New Contract Amount $3,482,534.27 Suspended Time (calendar days) New Construction Completion Date Se tember 18, 2019 THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS INDICATED ABOVE Engineer: Garver Resident Engineer 5/13/2019 Engi's SignatS4 Title Date ACCEPTED BY CONTRACTOR _ Nabholz Construction Corporatio Project Manager 5/14/2019 Co tr Sign ure Title Date APPROVED BY OWNER Mayor Owner's Signat a Title Date APPROVED BY ARDOT Arkansas Department of Transportation ARDO a Title Dale JD)011- (J Razorback Rd 101 Insurance and Bonding 1 LS $8,950.00 $8,950.00 103 R&D Existing Curb and Gutter 306 LF $9.75 $2,983.50 105 R&D Existing Asphalt Pavement 1,485 SY $10.75 $15,963.75 107 R&D Existing Concrete Sidewalk 53 SY $9.40 $498.20 109 R&D Existing Headwalls 3 EA $300.00 $900.00 111 R&D 12" RCP 20 LF $40.00 $800.00 113 R&D 18" RCP 6 LF $45.00 $270.00 115 Plug 15" x 18" RCP 1 EA $700.00 $700.00 117 R&D Concrete Paver 174 SF $4.00 $696.00 119 R&D Concrete Stairs 355 SF $5.00 $1,775.00 120 R&D Concrete Paving 645 SF $2.00 $1,290.00 121 Saw Cut 3,300 LF $10.00 $33,000.00 122 Erosion Control 1 LS $18,000.00 $18,000.00 128 Clearing & Grubbing I LS $16,000.00 $16,000.00 129 Unclassified Excavation 1,052 CY $21.20 $22,302.40 131 Compacted Embankment 1,284 CY $11.85 $15,215.40 139 12" RCP, Class III 121 LF $82.00 $9,922.00 141 18" RCP, Class III 77 LF $84.00 $6,468.00 143 24" RCP, Class ill 236 LF $116.00 $27,376.00 145 4' DIA. Junction Box 5 EA $4,300.00 $21,500.00 147 Raise Existing Grated Inlet to Grade 2 EA $3,700.00 $7,400.00 149 4' Combo Inlet 1 EA $8,500.00 $8,500.00 151 4' Area Inlet I EA $4,800.00 $4,800.00 153 Adjust Jet Box 2 EA $3,700.00 $7,400.00 155 Trench Drain w/ R-4990-CX Grates 90 LF $400.00 $36,000.00 157 4" Topsoil Placement 570 SY $3.05 $1,738.50 159 Solid Sod 570 SY $4.25 $2,422.50 161 Asphalt Pavers 20 SY $345.00 $6,900.00 163 Concrete Curb & Gutter (Standard) 1,556 LF $18.00 $28,008.00 165 PCC Base Widening 5" 518 SY $46.00 $23,828.00 169 Concrete ADA Ramp 115 SY $93.00 $10,695.00 171 Cast-in-Place Detectable Warning Devices Truncate 123 SF $27.00 $3,321.00 173 Asphalt Street Repair 1,020 SF $9.65 $9,843.00 177 Handrail 20 LF $102.00 $2,040.00 179 Thermoplastic Pavement Marking White 12" 405 LF $9.70 $3,928.50 185 Roadway Construction Control (Staking) 1 LS $21,000.00 $21,000.00 187 Traffic Control 1 LS $6,000.00 $6,000.00 189 Trench & Excavation Safety Systems 1 LS $1,500.00 $1,500.00 191 Undercut and Replace Select Fill 500 CY $40.00 $20,000.00 193 Convert Grate Inlet to Curb Inlet w/ Throat Ext 9 EA $5,900.00 $53,100.00 194 4' Curb Inlet Extension 9 EA $840.00 $7,560.00 195 4" Concrete Sidewalk 996 SY $56.00 $55,776.00 197 6" Concrete Driveway 116 SY $68.00 $7,888.00 Razorback Road Subtotal $534,258.75 R.::::�ij• a _ CH30HO 30NWHO- L 3SVHd OVOH 31OVBN02VH M W U) Q F- ce z"� � W W co v� 3a¢ wzz a-iW-ON O O O y Z d' Q Q O O N W0 > > 000y �b NwNUtu O �Nl•100"O 1� mOl e-� N� W O O O O O O O O O O O O Uy <noc�c�ooc�c�c�c�wwww W W O ~ O W m 'm W } m < m a Y Y z 0 3 O o 3 3 z w zowo a ao o a N v N N 0 Q a �z < P:Z a yz y 0 o m3 m U SOWcr a a ir� H1HON mivm s ONV WHO1S Q .ss - - Ca3Oao 30NVH3-L 39VHd OVOII MOao2" /1 x V 031VMOdaOONI S1NV1ViSN00 1N3WdOl3A30 8 8 ° m9 kG cY F M a u3a� sad g RIM,Jga�" g a¢y¢d in a 6�WIT, �= "ti_ __: _ 44 �r�C as �Lg a3$ AH 4 G geW "gW i m 39vNivua H30lNOHS H O :�i•i o : CN30a030HVHO- 23S"d 011OMM3V9M02lm ❑ 1 1 I I a Mot, 4 7 Y �litHsi I urs�y =gc iQ Y �3 q$`tp ji fYt sad 7 sa g idc q •r . 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': l6 j3 f t;si€ i t, tl,i E{�{iii fi f '-fi: . ,•,((i 'f ilt •�{ }!•F ! irf it '3 i `€l l 1, F i i•i i•.t ; i i, 1, �! !y i gil tit# , i• , li�i' � a.t i=fltir lits t f i{{i ff j={!' € 9tlf i g'fi: ! til i!{ i�i Ilia Ifi iltf 2# 9 ff '��� iii! i,l 't iIf ff if j ! 3 f Ei =• �= ii ,i � fit, l'f• � �' Jf �at, i%a tilt ,. � ! ! t` �# FE 1! �%' i,t:• 1 L' i i=i { ' =t fly +!,#,i {€f,if lg+{ iFfib93 =i lift ; ,=3t, fi;i W ii if tf fit j:6ae # t 3 #l' l{ , bili)iO � {! t i i,ff 6 !iii'' f' {i € l 1, hitt i • l€' t )7(i�{t} t t ff�d j4 � g fill 3 � ljr 4!1S !s.It z1jl/ t�1 ij ! i !f{9lli LiF lt., tilt d fi L€ .+ a bt ii9f f ib{,E liiiaii lfff 7ll+lwii Pill J ti,i 6 ffii} fits J L�. fl i� d i[ f� €!i :clt 3f€Sf! rtf �i i�f d 113 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 1N 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: Sondra E. Smith, City Clerk'Treasu s--, �OF }• �' • Page 1 Printed on 615118 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: Si ofion "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. Sdction.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. Ci of Faetteville tY y , Arkansas Page f Printed on 6/5/2018 AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION 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 Department of Transportation (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 IS 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 increases in construction, right of way, or utility costs resulting from changes in project scope proposed by the City. c. Be responsible for any desired revisions to the current design of Job 040582, along with associated engineering costs. d. 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. e. 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.) f. Understand that expenditures for work performed by the City's forces (including preliminary and construction engineering, environmental documentation, and right of way acquisition services) are not eligible for reimbursement with federal funds. g. 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. h. Submit final plans for Department review. i. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting authority to advertise the Projects for construction bids. j. 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. k. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 1. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment F), including all items noted, to the Department. m. 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. n. Make payments to the contractor for work accomplished in accordance with the plans and specifications. Then request reimbursement from the Department for costs exceeding $2,359,118 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. o. Provide construction engineering and inspection services, including associated costs, for the Project. p. Attach LPA Report of Daily Work Performed (Attachment H) for all days that correspond with each CCRR submittal. q. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. r. 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. s. 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 I). This form must be signed by the engineer 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. t. 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 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 construction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. b. 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.) c. Understand that expenditures for work performed by the City's forces (including preliminary and construction engineering, environmental documentation, and right of way acquisition services) are not eligible for reimbursement with federal funds. d. 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. e. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 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. 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. h. 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"), and request reimbursement from the Department i. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 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. k. Submit plans at 10%, 30%, 60%, and 90% completion stages for Department review. 1. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. m. 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. -3- n. Forward a copy of all addenda issued for the Project during the advertisement to the Department. o. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment F), including all items noted, to the Department. p. 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. q. 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. r. Make payments to the contractor for work accomplished in accordance with the plans and specifications and approved by the Department. 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. s. Attach LPA Report of Daily Work Performed (Attachment H) for all days that correspond with each CCRR submittal. t. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. u. Be responsible for any increased costs resulting from desired revisions in project scope that exceed typical highway design criteria, whether during the design phase or during construction as a change order. v. 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 I). This form must be signed by the engineer 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. w. 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 the northbound ramps of Interstate 49. 3. Notify the Department in writing who the City designates as its full-time 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 to: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintain familiarity of day to day project operations, including project safety issues; • Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visit and review the project on a daily basis; • Review financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Direct 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 performance 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. 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. -5- 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 future 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. THE DEPARTMENT WILL: 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 funding 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 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 form (Attachment I). This reimbursement will be limited to the funding available at the time payment is requested. If the payment requested exceeds the funding available at the time, the difference will be reimbursed as additional funds for the Project become available. in. Subject to the availability of funding 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 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. 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. Evaluate the proposed typical design section versus the typical design section for an urban state highway, as shown on Attachment J, and determine how any changes will affect the estimated cost. City -requested changes to the typical design section that are determined to be budget -neutral will not require additional funding from the City. c. Maintain an administrative file for the project and be responsible for administering Federal -aid funds. d. Coordinate with the City to procure required professional services such as design consultants, construction engineering and inspection consultants, and right of way consultants. e. Review environmental documentation as prepared by the City.. f. Review plans and specifications submitted by the City. g. Reimburse the City 100% for eligible professional services, procured using Department -approved procedures, upon review and approval of reimbursement requests. -7- h. 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. i. 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. j. Advise the City when to proceed with advertisement of the Project for construction bids. k. Review and concur in award of the construction contract for the Project. 1. 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. in. Review and approve any necessary change orders for project/program eligibility. n. Be responsible for increases in project costs due to change orders for normal bid item adjustments. o. Reimburse the City 100% for eligible construction costs approved in the CCRR form (Attachment G). This reimbursement will be limited to the funding available at the time payment is requested. If the payment requested exceeds the funding available at the time, the difference will be reimbursed as additional funds for the Project become available. p. Subject to the availability of funding 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). q. 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. -8- 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 due 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 to be withheld from the City's Motor Fuel Tax allotment. IN ITNESS WHEREOF, the parties thereto have executed this Agreement this.. � % day of , 2017. ARKANSAS DEPARTMENT OF TRANSPORTATION Scott E. Bennett, P.E. ,, Director ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansns Deportment of Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal tinancial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safely Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status 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 directed to Juanita P. McFadden Section Head - FEO/DBE (ADA/504/Title VI Coordinator), P. O. Dox 2261, Little Rock, AR 72203, (501) 569-2298, (Voicefl'TY 711), or the following email address: jl!i11n:�.utefntide Gn:yi:oy Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the ADA/504/Tille VI Coordinator in large print, on audiotape and in Draille. 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 funds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub -recipient, contractor or subcontractor that failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor".) o N E W o V W N M LO H R_ E m N p a L c> m o 0 LL- LU LLU t - _ Q d s v y c y o q co cu E D E 'N > U Vi p O N N C m E 000 m Z ''. n� ..O_ N C 'O (u U 0 d m c v 6v N O E m �2 0 rn � �_' Q-' o �Ucv CD N�5 'C N a C m two Q f] E Pi CC G� c E y x N U y 0� d H cc m E O Z fnQ 7Fi ny �� `o u°i. W E c •E 0 cc0 U 0 3 m tin n N W o C N V W N M LO H N aaOi t0 00 N O N . cq S C t - _ CL LL q co .a N U Q E 000 N ' tin n N 0 o C N V W N M LO O N aaOi t0 00 N O N . cq S co N o LQ - _ CL C cD co .a N W + al E 000 `o C U U O Q-' I � M O 'C N O C m two v co m E z e O Z z M A rn M O 7 tin n N � t7 MD o C N g Ld R W N M LO tgi fV 0 o li aaOi t0 00 N O N . cq S co N o LQ - _ W U + q N - .- cD co .a N W + N 000 w 0 U U v to O I � M O r N 'O C m two v co m z O Z m M rn M �aDi 0 cc0 U N C a 8 CL m O n N ao O 0 � � N m 0 0 u" tM0 to tin n N � t7 MD o C N g Ld R W N M LO tgi fV 0 z aaOi t0 00 N O N TT M N m Q N 00 ''.. M O c0 M M M M d tq CO lT 10, S (V z - _ tin n N � t7 MD o C N g Ld R W N M LO tgi fV 0 z s S m z W U + q N - .- u O U• .a N W + c O w c U U v to O n Q O � M O tv J C CD Q N t�lJ C m two L 0 :E z O Z m a� 0 cc0 U c m C a CL m N m O � � J m 0 0 o. c to c -5 a) U L cL .3 $ m'oc cm a> p E H o j N � OFp a) 00 Om C d .4 c m O c N 61 E m m (J N N O � � 8 n ~ = O N 6 d N C �.1 O) N >i C � n a] U a) n O Co E C5 a is g o Q H O Q C Cl O ac�i r`�i pp LL m d tMA (1 a� d o $ t>r S� c N � N ill N — tOm U m a c c c c m mcg T C C O y c C Nt� L O C O _U w y tNa � m a o N N m m a C ,r0 ti N N C m 8 o c c c n N ¢ o o N n 2 tO iv cNi N C U m n m 2 o Cl O o N to O O lL L Q ai z ao Attachment C REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECTS �'� .FHWA-I273 Each set of contract documents shall include FHWA-1273, "Required Contract Provisions, Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273. Copies of FHWA-1273 and supplements will be provided by the Department. 2) _Anti=Collusion:and Debarment Certification.. The certification shall either be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the State to administer oaths or in the form of an unsworn declaration executed under penalty of perjury of the law of the United States. The required form for the Anti -Collusion and Debarment Certification will be provided by the Department. The certification includes: Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or in -directly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Debarment - A statement regarding debarment, suspension, ineligibility and voluntary exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29). Failure to submit the executed Certification as pati of the bidding clucun erit9:will make the bid nonresponsive and not eligible for award consideration. 3) 'Lobbving Certification This certification is required by 49 CFR 20. The form for this certification will be provided by the Department. 4) Davis-Hacori Pre-determingdAinimum Via a Rates Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage rates will be provided by the Department. Attachment D CERTIFICATION LETTER .REQUESTING AUTHORITY TO ADVERTISE FOR BIDS DATE Mr. Emanuel Banks Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Dear Mr. Banks:. IZei:Ioh�#� /DiS- Nr[ti1e; �C(l1 XtI7iV' The following documents are submitted concerning the referenced project: 1. One reproducible set of plans and specifications. 2. A copy of the engineer's estimate of cost. 3. Copies of any technical specifications or special provisions. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. I understand that if any project items are declared non -participating in federal funds due to failure to comply with any State or federal requirements, the City will promptly repay such funds to the Arkansas Department of Transportation (ArDOT). '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 ArDOT's RRA Fund upon notification by the Director that such funds are due ArDOT 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 Department of Transportation, 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 DATE Mr. Emanuel Banks Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Dear Mr. Banks: Jnb:1V`arrre County 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). I 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 C.f 1VPRACT0R;is requested. Sincerely, Mayor City Attorney Enclosures .§ enB k/ m� cu 0� =t cR § $ / —o k\ 0 32 k �=f— ;k �/ _f$),2� � M° kk2-o� ===.E0 �_ge 0� Rƒ7)a) 2ƒ 12{ r\ka��# 2\A\G2 f�@\�C� R . .. . . . . . . Z Z5 R \ & k y ƒ A n± eLU o\/\)2� 2222{. ) (D ƒ\ t; §�Q10saL) } 7k w / 4 § �& Ek2f)�k / ƒ @0 0 L) �CLgym;£ E} kkkT23— — ƒ a--6 k - § / J§ /)f /§\o \ k 2 � P Q & < k . .. . ui 2 g k 0 § § / R .o § ) k Q m 2 0 ] P $ . 7 § £ § 7 � E< \ \ �\ � t\ E /a e k iE -5) \ § / 0 § / g / � f ] \ < § / R ! a) ( ee ! ± 7 ) 2 .T X§ Ec \ 0 k) ; )) / E , — — G § {] = f t < — o— \ k �g k } { k / 2 - F<- / \ \ i 0\ ° . w / 4 § z w O 0 w= C) U) Z Z C7 LL < 0 M LLJ F - w 0 CL O 06 LL + LLJJ w + < F- E! 0 C) �- W -i w CL 0 �- 2 < 0 0 Q c) 0 F - Cl) >-❑W JF- -i W - < -J 0 -L Z E 0 LL wW Z F- : < W 0 0. CL Z ❑0 w 0 w LLJ M w U) -i CL T F- ............ .............. ..................... O ......... .. ... . .... .. . mm y Ir U) C, 0 w > D LLI Of W CL w w < 3: > C) of 0 LL 0 z 0 F- IL o. Z. 0 U) w < wb Z 0 Attachment H CITY LPA Report of Daily Work Performed Job Name: Job No: FAP No;: _. Contractor: Date:. Hours Worked: — _ Report No.: Location and Description of Work Performed I Special Instructions and/or Conversations Signed: Designated Full-time Employee Project Conditions Site Conditions Weather Number of Contractor's Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in.) Concrete Laborers Equip. Operators Min Temp. (F) Max Tem F Electricians Comments Plumbers Foreman Other. Other Location and Description of Work Performed I Special 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 Engineer Recommended for Acceptance in Accordance with Project Agreement ArDOT 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 © e 3 / | . | . ƒ \ � - ƒ h ��/ / . / . - / � a / . � \ / \\ . ./ ƒ w ; . 4 ) �( ) _». _mm E / t 29: Attachment K LOCAL AGENCY CONSULTANT SELECTION PROCEDURES Sec#ion I Al tilicat'ton 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". I'n accordance with the above federal laws and regulations, the Arkansas Department of Transportation (ArDOT) has approved these procedures for use by the Local Agency for the "competitiveneixt tiation" 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 {L.OIO 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 ArDOT'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 Il. 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 III Selection Committee. The Local Agency will designate a Selection Committee (Committee) to evaluate and analyze the LOIs and Proposals. Section IV - Evaluation of LOIs. The Committee will evaluate each consultant firm based on the followings` No.. Evaluation Factors for LOls 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 — Request 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 ArDOT to forward to FHWA for review and approval before soliciting RFPs. A Local Agency's scope of work will typically include the following: 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 6. Updated Standard Form 330 Parts I and II if necessary 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 understood 10 2 Comprehensive, coherent, and detailed work plan 10 3 Realistic work schedule when applicable 10 4 Proposed working office location, need for a local office, and any local representative* 5 5 Identification of sub -consultants and responsiveness to DBE goals and opportunities 5 6 Total Points for LO1 40 Total Points for Proposals 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; 3 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 ArDOT for the contract file. sbdbon ,V1 f49otiiati6tf,: nr! Contract Pre aratiloil. 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 ArDOT. In accordance with the principles of 23 CFR 172, the draft contract must include an overhead rate that is approved by the ArDOT. 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 ArDOT 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 4 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 LOls 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 ArDOT 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 ArDOT 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 ArDOT 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 ArDOT 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 ArDOT 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 _—Monitoring 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 ArDOT 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 ArDOT. :Section Vill — Co1hsu1#ant1iia1b1ili 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. Attachment L CITY LETTERHEAD .JOB NUMBER .TOB 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. j 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 tract(s) 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 Idelete the statement in each pair that does not apply There are no displacees on this project. -Or- Relocation Assistance has been provided in accordance with applicable Federal Highway Administration procedures and all displacees have moved from this project. There was/were # displaced (Le_sidencii� business(es0 ersonalpropertvletc)`on the project. There are no structures 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: Date: (Type name) (Type title) City Letterhead (Designating Full -Time Employee in Responsible Charge) DATE Mr. Jared D. Wiley Division Engineer — Program Management Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Dear Mr. Wiley: Re: Job Name County Attachment M The full-time employee in responsible charge of the day to day oversight for the referenced project will be (inseil ernplayee's ntxme). 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: (insert IL or at (insert erridil address). 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. (l) This section applies to all financial and programmatic records, supporting documents, statistical records, and other records of grantees or subgrantees which are: (i) Required to be maintained by the terms of this part, program regulations or the grant agreement, or (ii) Otherwise reasonably considered as pertinent to program regulations or the grant agreement. (2) This section does not apply to records maintained by contractors or subcontractors. For a requirement to place a provision concerning records in certain kinds of contracts, see Sec. 18.36(i)(10). (b) Length of retention period. (1) Except as otherwise provided, records must be retained for three years from the starting date specified in paragraph (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3 -year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3 -year period, whichever is later. (3) To avoid duplicate recordkeeping, awarding agencies may make special arrangements with grantees and subgrantees to retain any records which are continuously needed for joint use. The awarding agency will request transfer of records to its custody when it determines that the records possess long-term retention value. When the records are transferred to or maintained by the Federal agency, the 3 -year retention requirement is not applicable to the grantee or subgrantee. (c) Starting date of retention period --(1) General. When grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the grantee or subgrantee submits to the awarding agency its single or last expenditure report for that period. However, if grant support is continued or renewed quarterly, the retention period for each year's records starts on the day the grantee submits its expenditure report for the last quarter of the Federal fiscal year. In all other cases, the retention period starts on the day the grantee submits its final expenditure report. If an expenditure report has been waived, the retention period starts on the day the report would have been due. (2) Real property and equipment records. The retention period for real property and equipment records starts from the date of the disposition or replacement or transfer at the direction of the awarding agency. (3) Records for income transactions after grant or subgrant support. In some cases grantees must report income after the period of grant support. Where there is such a requirement, the retention period for the records pertaining to the earning of the income starts from the end of the grantee's fiscal year in which the income is earned. (4) Indirect cost rate proposals, cost allocations plans, etc. This paragraph applies to the following types of documents, and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (i) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the grantee) to form the basis for negotiation of the rate, then the 3 -year retention period for its supporting records starts from the date of such submission. (ii) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the grantee) for negotiation purposes, then the 3 -year retention period for the proposal plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. (d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (e) Access to records --(1) Records of grantees and subgrantees. The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. (f) Restrictions on public access. The Federal Freedom of Information Act (5 U.S.C. 552) does not apply to records unless required by Federal, State, or local law, grantees and subgrantees are not required to permit public access to their records. [Revised as of October 1, 1997] Attachment O CERTIFICATION FOR CRANI S,.LOAN$,.ANI) COOPERA'r(VE AGREEMENTS The undersigned certifies to the best of his knowledge and belief that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not lis than $10,000 and not more than $100,000 for each such failure. // Attachment N Federal Funding Accountability and Transparency Act (FFATA) ,Report nq Requirements (For more information go to hftps.-#Www. fsrs. govt 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.USASgeriding.ilov: A Prime Grant Recipient (hereinafter called ArDOT (the Arkansas Department of Transportation)) 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. ArDOT is required tofite a FFATA sub -award report:for :any sub -grant awarded to a sub-awardee nreafer than or equal t.0 25000. As a sub-awardee, shall provide the following information to ArDOT in order to fulfill FFATA reporting requirements: 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; 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 Required Sub-Awardee Information (A) Sub-Awardee — DUNS Number: Q r'` ',749 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.gov/edgar.shtml for reference. If "No" is selected, answer (D). (D) IIV bio" was.selededl 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 Com ensated Officers' Name _ Amount: $ .......... Name: Amount: $ 3. Name: Amount: $. 4. Name: Amount: $ Name: Amount: Page 2 of 2 F FAYFTT :� t ,aiaa w. i (A Y ♦It is"; V 4RKA NSPy 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 WIT14 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 11.2 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 4.9. 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: 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: Sondra E. Smith; City Clerk Treasure�o ::0: FAYETTML;LF. s�17 9'Q/(A11`'�:r����o� y s® G SON ti� Vis. 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 tofund 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 werereceived 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 .Departmentwill 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 11412017 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 thatadd 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: 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. 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. City of Fayetteville, Arkansas Page 2 Printed on 11412017 N 0 Z W U) U) C N d E^ L L Eo r E O =O n O d C E d y 2 C a U o a d N > •E V . co 3 E .9 R O �- U Q r� Z E r d w E a) v d o ` :S E o y d cd.Ed 2 v 0 0@ O d U O N E a d c m LL9 L d m Q1 d 0 o y =a � M M W C m d d n Q 6 3 c o O o yy 0`1 N C O C o c 419 t0 F- LL N O 6 LL w o U m c d co r O O - d M O tll M U M r� L' ao m 000 d N y C v d N LL9 L Q1 d � C � E M M criD Cn r E O o C o U 419 t0 r � O It co r O O - d M a E M 3 Z a 0 O N M O M O L' ao m 000 V N L C v N LL9 N t0 000 M M criD Cn r o N o � o 419 t0 r Nm O It co r O M - eo M 0o M O CD O tD o O C _ O N N O O n N uj � � 0Oi r 119 1M0 In �- O N O O N O O l0 ao m O O 0 m 0 � O l!] C v N LL9 N t0 M cw M M UO9 1'J Cn r N fl t0 C O O Z ao co <o 2 - eo 3 0o w LLI U + _ H U N + n N uj O o U o U lA 000 O U O N O O N O O l0 OD 0p O O O O CO CO O l!] C N LL9 N V' tD 1109 N V M Cn r C' u9 Fo Z 2 3 F LLI U + _ H U N + = o uj o U o U U O O O d aci Q C (0 d ry L r � 0 Z o 2 0 d � N a � c N N O a d o o � J 0 O 0 3 d N O 0 1109 H L V O C O y ty0 C d O O c d N N N C D N ry c Co o w L LL U O C 1p n N C QD of m Q u9 M O N ;, M O d E �' � o d O D d EO N y d C d O a O H C 2 0 O O d 0 n Z, a o y U o � d E m'3 0 cd n a y C y CO p � n Q d t0 d c y a oEin 3 C - U d 3 n co c y O C � Qi LL_ C d d 10 O d pCp O 0 O O) E ma LL '0 ayi y n � c V C d � y d Q rn C � N D1 C U R m a o a 0 o a o1 v n o S 0 C6 d 1p �N v m 1 2 1`') U v m ri d r d , n c 0 m T E>� Z' N V C � O _C L O N d ad o d o m !, :E O C O a U o E (V O O E 0 n O C V y U O d d C y v rn d a c c = d O Z z 15!�+ U E— Q o I- z w i W 2 o ,T w It 3- t n _ U w (n :y z ua uaz u3• u ui Q 0 V n O \I z a 0 z o o 0 0 0 2 ' H � 0- W w w 006 z � O Lqj X dS N x ,U � U � U z 2 Q N O O 0 0 C 0 z O x Ton0 h N V O L3 "a a 0 N_ i^ �I I I �I I I 910Z/ZI/9 NOTMO90L Tontitown Johnson F u " Poplar St. - Van Asche Dr. Major Widening 2, STIP - 2018 o. E f. - Maple St. - North St. Overlay TBD f�. Job 040582 0 [Razorback Rd. - Garland Ave. 11z TBD 16 wbM,.-o.. 112 t "_ is. "r'�llr7 - Leroy Pond Dr. - Morth Overlayf . TBD - • lily . ' __ _ 112E:K, ^W Mtlt'0.N . 180 t i E 62 n Highway 112 Remove from the State Highway System 45 J 65 8 FAY, ETT E - ----- wb-t-ew gmtl 171 ' 156 a AT'FAC�T, F. 'r c. v City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division ENGINEERING (621) Adjustment Number 2019 /Org2 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Recognize Federal -aid funds of $603,498 available for Change Order #3 for the construction of Hwy 112 (Razorback/Maple to Garland) which will be 100% reimbursed by the Arkansas Department of Transportation (ArDOT). COUNCIL DATE: 5/21/2019 LEGISTAR FILE ID#: 2019-0323 Racy 3l wa 5/17/2019 2:04 -PM Budget Director Date TYPE: JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 603,498 603,498 v.20190507 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4470.800.8835-4309.00 - 603,498 06035 3500 RE Federal Grants - Capital 4470.800.8835-5809.00 603,498 - 06035 3500 EX Street Improvements H:\Budget Adjustments\2019_Budget\City Council\05-21-2019\2019-0323 BA Hwy 112 Rzrbk to Garland 1 of 1 RESOLUTION NO. A RESOLUTION TO APPROVE CHANGE ORDER NO. 3 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION, INC. IN THE AMOUNT OF $603,497.15 TO PERFORM ADDITIONAL WORK ASSOCIATED WITH THE HIGHWAY 112 RAZORBACK ROAD TO GARLAND AVENUE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, approving Change Order No. 3 will allow Nabholz Construction, Inc. to perform additional work necessary for the Highway 112 Razorback Road to Garland Avenue Project which the City expects will be fully funded by the Arkansas Department of Transportation. 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 Change Order No. 3 to the contract with Nabholz Construction, Inc. in the amount of $603,497.15 to perform additional work associated with the Highway 112 Razorback Road to Garland Avenue project. 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 this 4h day of June, 2019. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer