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113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Resolution: 159-20
File Number: 2020-0394
RFQ#20-01 GARVER, LLC ARCHIBALD YELL BLVD. TRANSPORTATION BOND
PROJECT:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $238,920.00, PURSUANT TO
RFQ#20-01, SELECTION 5, FOR THE DESIGN OF THE ARCHIBALD YELL BOULEVARD
IMPROVEMENTS PROJECT, TO AUTHORIZE THE MAYOR TO ACQUIRE THE
EASEMENTS AND RIGHT-OF-WAY NECESSARY FOR THE PROJECT, AND TO
APPROVE A BUDGET ADJUSTMENT- 2019 TRANSPORTATION BOND PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Garver, LLC in the amount of$238,920.00, pursuant to RFQ
#20-01, Selection 5, for the design of the Archibald Yell Boulevard Improvements Project and further
authorizes Mayor Jordan to acquire the easements and right-of-way necessary for the 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 6/4/2020
Page 1 Printed on 6/8/20
Resolution: 159-20
File Number: 2020-0394
Approve) Attest: N����,,c. K T���r�,i
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Lioneld Jord. Kara Paxton, City Clerk Treasure's�y••q c,
Page 2 Printed on 6/8/20
FAYETJ�i City of Fayetteville, Arkansas 113 West Mountain Street
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File Number: 2020-0394
Agenda Date:6/2/2020 Version: 1 Status: Passed
In Control:City Council Meeting File Type: Resolution
Agenda Number:C. 4
RFQ#20-01 GARVER, LLC ARCHIBALD YELL BLVD.TRANSPORTATION BOND
PROJECT:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH GARVER,LLC IN THE AMOUNT OF$238,920.00,PURSUANT TO RFQ#20-01,
SELECTION 5,FOR THE DESIGN OF THE ARCHIBALD YELL BOULEVARD IMPROVEMENTS
PROJECT,TO AUTHORIZE THE MAYOR TO ACQUIRE THE EASEMENTS AND RIGHT-OF-WAY
NECESSARY FOR THE PROJECT,AND TO APPROVE A BUDGET ADJUSTMENT-2019
TRANSPORTATION BOND PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville,Arkansas hereby approves a professional
engineering services agreement with Garver,LLC in the amount of$238,920.00,pursuant to RFQ#20-01,
Selection 5,for the design of the Archibald Yell Boulevard Improvements Project and further authorizes Mayor
Jordan to acquire the easements and right-of-way necessary for the 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 6/5/2020
City of Fayetteville Staff Review Form
2020-0394
Legistar File ID
6/2/2020
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Matt Casey 5/12/2020 ENGINEERING (621)
Submitted By Submitted Date Division/Department
Action Recommendation:
Approval of a contract in the amount of$238,920.00 with Garver, LLC for design of the Archibald Yell Blvd.
Improvements Project, authorizing the Mayor to acquire the easements and ROW for the project and approval of a
budget adjustment, per RFQ 20-01, selection #5.
Budget Impact:
4602.860.7221-5860.02 2019-Streets Projects 2019 Bonds
Account Number Fund
46020.7221.1010 Archibald Yell Blvd. Safety Improvements
Project Number Project Title
Budgeted Item? Yes Current Budget $ 35,645,758.00
Funds Obligated $ 4,121,694.62
Current Balance $ 31,524,063.38
Does item have a cost? Yes Item Cost $ 238,920.00
Budget Adjustment Attached? Yes Budget Adjustment $ -
Remaining Budget $ 31,285,143.38
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
,101,-lipF . FAYETTEVILLE CITY COUNCIL MEMO
. ARKANSAS
MEETING OF JUNE 2, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Matt Casey, Engineering Design Manager
DATE: May 12, 2020
SUBJECT: Approval of a contract in the amount of$238,920.00 with Garver, LLC for
design of the Archibald Yell Blvd. Improvements Project, authorizing the
Mayor to acquire the easements and ROW for the project and approval of a
budget adjustment, per RFQ 20-01, selection #5.
RECOMMENDATION:
Staff recommends approval of a contract in the amount of$238,920.00 with Garver, LLC. per
RFQ 20-01, selection #5 to provide professional services for the design of the Archibald Yell
Blvd. Improvements Project, authorizing the Mayor to acquire the easements and ROW for the
project and approval of a budget adjustment.
BACKGROUND:
Archibald Yell Boulevard severs the historical downtown grid of streets south and east of the
downtown square, and the 4-lane high speed route is a barrier to pedestrians who want to move
from neighborhoods to the south and east to destinations around on and around the square and
entertainment district. This goal of this project is to reduce or eliminate these pedestrian
barriers and create a street that is safer for vulnerable users while still providing adequate
vehicular levels of service. Improvements will consist primarily of safety improvements to the
intersection with College Avenue/Rock Street with pedestrian & lighting improvements,
installation of a traffic signal at South Street, and pavement marking adjustments throughout the
corridor.
This project was identified as a priority in the Fayetteville Mobility Plan, and a conceptual layout
and analysis was completed to test a 3-lane concept.
DISCUSSION:
On March 5th, Garver, LLC was selected by committee based on RFQ 20-01, selection #5.
Staff has worked with Garver to prepare a detailed scope of work and contract for this project.
They have provided a proposed scope and fee in the amount of$238,920.00 for the design of
this project. Services to be provided include:
• Intersection design at Rock/College/Archibald Yell Blvd.
• Traffic analysis to confirm the adequate operation of a 3-lane cross section.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Traffic signal design at South Street.
• Striping design and layout for the entire corridor.
The contract will be paid based on hourly rates for work completed, up to the total contract
amount. Design should be complete and ready for bid in the first quarter of 2021.
BUDGET/STAFF IMPACT:
The design for this project will be paid for with the funds from the 2019 Transportation Bond
Fund under the 71B Corridor Project.
Attachments:
Vicinity Map
Garver, LLC - Engineering Agreement
Budget Adjustment
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VICINITY MAP
ARCHIBALD YELL BLVD
IMPROVEMENTS
2019 BOND PROGRAM
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of -Salve, "l t , 2020, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
GARVER,LLC(hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope,costs,fees,or delivery schedule.
SECTION 2- BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has
full responsibility for the engineering services.
SECTION 3- RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall,within a reasonable time,so as not to delay the services of
ENGINEER:
Garver Contract—Professional Engineering Services 1 4/10/2020
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the
Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative
thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for
ENGINEER to perform his services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 Provide such professional legal,accounting, financial,and insurance counseling services
as may be required for the Project.
3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The City Engineer shall
have complete authority to transmit instructions, receive information, interpret and
define CITY OF FAYETTEVILLE's policies and decisions with respect to materials,
equipment,elements and systems to be used in the Project,and other matters pertinent to
the services covered by this Agreement.
3.1.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and
provide written comments to ENGINEER in a timely manner.
SECTION 4- PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. ENGINEER will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services are to be completed. The
anticipated schedule for this project is included as Appendix A.
SECTION 5- PAYMENTS TO ENGINEER
5.1 The maximum not-to-exceed amount authorized for this Agreement shall be based upon on
an Hourly basis as described in Appendix B.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER'S normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract—Professional Engineering Services 2 4/10/2020
shall be accompanied each month by the updated project schedule as the basis for
determining the value earned as the work is accomplished. Final payment for
professional services shall be made upon CITY OF FAYETTEVILLE's approval and
acceptance with the satisfactory completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE. the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF
FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed
portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to
pay invoices within 30 days of date the invoice is approved, however, payment within
30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Agreement, except claims which are specifically exempted by
ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by
State law or otherwise expressly agreed to by the parties to this Agreement, final
payment under this Agreement or settlement upon termination of this Agreement shall
not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or
his sureties under this Agreement or applicable performance and payment bonds, if any.
SECTION 6- GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in
United States Dollars)the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal
of coverage.
Garver Contract—Professional Engineering Services 3 4/10/2020
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and
their officers, directors, agents,or employees for damage covered by property insurance
during and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE
will promptly report to ENGINEER any defects or suspected defects in ENGINEER's
services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can
take measures to minimize the consequences of such a defect. CITY OF
FAYETTEVILLE retains all remedies to recover for its damages caused by any
negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs
and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on ENGINEER's experience,
qualifications, and judgment as a design professional. Since ENGINEER has no control
over weather, cost and availability of labor, material and equipment, labor productivity,
construction Contractors' procedures and methods, unavoidable delays, construction
Contractors' methods of determining prices, economic conditions, competitive bidding
or market conditions, and other factors affecting such cost opinions or projections.
ENGINEER does not guarantee that actual rates, costs, performance, schedules, and
related items will not vary from cost opinions and projections prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general
scope of ENGINEER's services, with an appropriate change in compensation and
schedule only after Fayetteville City Council approval of such proposed changes and,
upon execution of a mutually acceptable amendment or change order signed by the
Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of
ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure by the other party to fulfill its obligations under this
Agreement through no fault of the terminating party, provided that no termination may
be effected unless the other party is given:
6.5.1.1 Not less than ten(10)calendar days written notice(delivered by certified mail, return
receipt requested)of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
Garver Contract—Professional Engineering Services 4 4/10/2020
6.5.2.1 Not less than ten(10)calendar days written notice (delivered by certified mail, return
receipt requested)of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable
adjustment in the price provided for in this Agreement shall be made,but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other
work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover
any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's
default.
6.5.4 If termination for default is effected by ENGINEER,or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a
reasonable profit for services or other work performed. The equitable adjustment for
any termination shall provide for payment to ENGINEER for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by ENGINEER relating to commitments which had become firm
prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work(unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data,
drawings, specifications, reports, estimates, summaries and such other information
and materials as may have been accumulated by ENGINEER in performing this
Agreement,whether completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE
may take over the work and may award another party an agreement to complete the
work under this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of CITY OF
FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as
provided in Paragraph 6.5.4 of this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control,
ENGINEER shall be entitled to additional compensation and time for reasonable costs
incurred by ENGINEER in temporarily closing down or delaying the Project.
Garver Contract—Professional Engineering Services 5 4/10/2020
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way
are related to, this Agreement, including, but not limited to the interpretation of this
Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF
FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes
concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior
to exhaustion of these procedures, such action shall be stayed, upon application by either
party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4
have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based, the
party seeking relief shall serve the other party with a written Notice;
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or
first observance of defect or damage. In both instances, the Notice shall specify the
nature and amount of relief sought, the reason relief should be granted, and the
appropriate portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY
OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If
the dispute cannot be resolved at that level, then, upon written request of either side, the
matter shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such
other location as is agreed upon within 30 days of the written request to resolve the
dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may
prepare publications, such as technical papers, articles for periodicals, and press releases,
pertaining to ENGINEER's services for the Project. Such publications will be provided
to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance
review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide
CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE
Garver Contract—Professional Engineering Services 6 4/10/2020
may require deletion of proprietary data or confidential information from such
publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold
approval. The cost of ENGINEER's activities pertaining to any such publication shall be
for ENGINEER's account.
6.I I Indemnification
6.1 1.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify,defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from
and against any and all loss where loss is caused or incurred or alleged to be caused or
incurred in whole or in part as a result of the negligence or other actionable fault of the
Contractors,or their employees,agents, Subcontractors,and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings,
disks of CADD drawings and cross sections, estimates,specification field notes, and data
are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain
reproduced copies of drawings and copies of other documents.
6.12.2 Engineering documents, drawings, and specifications prepared by ENGINEER as part of
the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER
has been compensated for all Services rendered, provided, however, that ENGINEER
shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights
in its standard drawings details, specifications, databases, computer software, and other
proprietary property. Rights to intellectual property developed, utilized, or modified in
the performance of the Services shall remain the property of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as
to the compatibility of these files with any other system or software. Because of the
potential degradation of electronic medium over time, in the event of a conflict between
the sealed original drawings/hard copies and the electronic files,the sealed drawings/hard
copies will govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the
appropriate party at the following addresses:
CITY OF FAYETTEVILLE's address:
125 West Mountain Street
Fayetteville,Arkansas 72701
ENGINEER's address:
2049 E.Joyce Blvd, Suite 400
Fayetteville,Arkansas 72703
Garver Contract—Professional Engineering Services 7 4/10/2020
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the
written consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon
shall become a part of this Agreement. Said purchase order document, whether or not
signed by ENGINEER, shall be considered as a document for CITY OF
FAYETTEVILLE's internal management of its operations.
SECTION 7- SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications,reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the
services shall be construed as a waiver of any rights under this Agreement or of any cause
of action arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance
of any of the services furnished under this Agreement except for errors, omissions or
other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express
or implied assurances under this Agreement or State law and in no way diminish any
other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty
materials,equipment,or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter-claims,
disputes and other matters in question between CITY OF FAYETTEVILLE and
ENGINEER arising out of or relating to this Agreement or the breach thereof will be
Garver Contract—Professional Engineering Services 8 4/I0/2020
decided in a court of competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly
pertinent to performance on work under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied in effect on the date of
execution of this Agreement. ENGINEER shall also maintain the financial information
and data used by ENGINEER in the preparation of support of the cost submission
required for any negotiated agreement or change order and send to CITY OF
FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE,
the State or any of their authorized representatives shall have access to all such books,
records, documents and other evidence for the purpose of inspection, audit and copying
during normal business hours. ENGINEER will provide proper facilities for such access
and inspection.
7.3.2 Records under Paragraph 7.3.1 above shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance,or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution
of such appeal, litigation,claim or exception.
7.3.3 This right of access clause(with respect to financial records)applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of$10,000 affecting
the price of any formally advertised, competitively awarded,fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally
advertised, competitively awarded, fixed price agreement. However, this right of
access does not apply to a prime agreement, lower tier subagreement or purchase
order awarded after effective price competition,except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance,
excluding any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
•
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE
shall have the right to annul this Agreement without liability or at its discretion,to deduct
from the contract price or consideration, or otherwise recover, the full amount of such
commission,percentage, brokerage,or contingent fee.
Garver Contract—Professional Engineering Services 9 4/10/2020
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in
awarding, amending or making any determinations related to the performance of this
Agreement, CITY OF FAYETTEVILLE may,by written notice to ENGINEER terminate
this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies
that the law or this Agreement provides. However, the existence of the facts on which
CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in
proceedings under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue
in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to
any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may
pursue exemplary damages in an amount(as determined by CITY OF FAYETTEVILLE)
which shall be not less than three nor more than ten times the costs ENGINEER incurs in
providing any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of
subcontractors and sub-consultants, prepared while performing City contractual work are
subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER
will do everything possible to provide the documents in a prompt and timely manner as
prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.).
Only legally authorized photocopying costs pursuant to the FOIA may be assessed for
this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FA TTE /ILLE, • RKANSAS ENGINEER
By
By:
or, ioneld Senior Project Manager,Ron Petrie
ATTEST / ``������rrr►rii�� Vi/
City Clerk ciry• p•F oject Manager, of ebb
END OF AGREEMEls'Y, '���t'A$coW
NAL ENGINEERING SERVICES
,,-Ili/1111111°
Garver Contract—Professional Engineering Services 10 4/10/2020
APPENDIX A—SCOPE OF SERVICES
1. General
Generally, the scope of services includes surveying, design, water and sewer relocations and
adjustments, preparation of property acquisition documents and bidding services for improvements to
the Archibald Yell Boulevard Corridor from Mountain Street to Martin Luther King. Jr. Boulevard.
Improvements will consist primarily of realignment of the intersection with College Avenue/Rock Street
with pedestrian & lighting improvements, installation of a traffic signal at South Street, and pavement
marking adjustments throughout the corridor.
2. Surveys
2.1. Design Surveys
Garver will provide field survey data for designing the project, and this survey will be tied to the Owner's
control network.
Garver will conduct field surveys, utilizing radial topography methods, at intervals and for distances at
and/or along the project site as appropriate for modeling the existing ground, including locations of
pertinent features or improvements. Garver will locate buildings and other structures, streets, drainage
features, trees over eight inches in diameter, visible utilities as well as those underground utilities
marked by their owners and/or representatives, and any other pertinent topographic features that may
be present at and/or along the project site. Garver will establish control points for use during
construction.
2.2. Property Surveys
Garver will locate existing monumentation representing right of way and/or easements based on record
data which will be provided by an abstractor under a subconsultant agreement with Garver.
3. Geotechnical Services
Garver will be subcontract with Terracon, Inc. to obtain geotechnical data necessary for the design of
this project. The scope of services provided by Terracon, Inc. includes:
A. Four(4) borings to 5-ft in depth or auger refusal for roadway sections on new alignment.
B. Four (4) borings to 10-ft in depth or auger refusal for potential retaining walls near the
intersection improvements.
C. Provide Traffic Control during field investigations.
D. Perform laboratory testing to determine soil properties including water content,Atterberg limits,
sieve analysis, standard proctor. and resilient modulus.
E. Prepare a Geotechnical Report that includes boring logs, stratification classification.
groundwater levels, description of subsurface conditions, subgrade preparation/earthwork
recommendations, pavement thickness options and design parameter recommendations, and
retaining wall recommendations.
4. Coordination
Garver will furnish plans to all known utility owners potentially affected by the project at the preliminary
and final stages of development. Garver will provide coordination among all known affected utility
owners to enable them to coordinate efforts for any necessary utility relocations. Garver will include
the surveyed locations of the observable and marked utilities in the construction plans. Garver will also
Appendix A- Scope of Services 1 of 5 20T21 030
Archibald Yell Boulevard Improvements
include proposed and/or relocated utility information in the construction plans as provided by the utility
companies.
Garver will furnish both preliminary and final plans to the following agencies: ADEQ and Arkansas
Department of Health (ADH)for their review and comment.
Garver will also attend coordination meetings with the Owner and other agencies as required. Garver
will prepare exhibits for these meetings when appropriate.
5. Environmental Services
Environmental Services are excluded from the scope of services with the exception of the submittal of
the small site SWPPP.
6. Traffic Analysis
6.1. Determine Future Growth Rates
Using historic ADT volumes from the ARDOT database and information from the Northwest Arkansas
Regional Planning Commission's travel demand model, Garver will developed expected traffic growth
rates along Archibald Yell Boulevard (Hwy 71 B).
6.2. Existing Traffic Volumes Analyses
Garver will utilize intersection existing 2017 turning movement counts at the intersections of Archibald
Yell Boulevard (Hwy 71 B)at South Street and Archibald Yell Boulevard(Hwy 71 B)t Rock Street/College
Avenue. Using the growth rates, these volumes will be projected to 2020.
Garver will utilize Synchro/Sim Traffic software to evaluate the existing geometry at the intersections of
Archibald Yell Boulevard (Hwy 71B) at South Street and at Rock Street/College Avenue during both AM
and PM peak hours.The evaluation will include Highway Capacity Manual(HCM) methodology for delay,
level of service (LOS) and queueing distance for each intersection movement. Sim Traffic methodology
will also be used to evaluate delay, LOS and queues. This base condition information will be used for
comparison with proposed intersection improvements.
Using 2020 the volumes, Garver will also analyze the proposed intersection improvements along the
Archibald Yell Boulevard (Hwy 71B) corridor. The intersection of Archibald Yell Boulevard (Hwy 71B) at
South Street will be analyzed as a signal-controlled intersection. The intersection of Archibald Yell
Boulevard (Hwy 71B) at Rock Street/College Avenue will be analyzed as unsignalized with proposed
geometric improvements.
Evaluation of the Archibald Yell Boulevard (Hwy 71 B) corridor will be perfomed to verify the geometric
improvements along Archibald Yell Boulevard (Hwy 71 B) corridor will not result in unacceptable
conditions.
6.3. Future Traffic Volumes Analyses
Using the determined growth rates, Garver will develop future volumes that represent twenty (20) years
of growth.Garver will evaluate the existing geometry at the intersections of Archibald Yell Boulevard(Hwy
71B) at South Street and at Rock Street/College Avenue during both AM and PM peak hours to develop
a future base condition for comparison with proposed intersection improvements.
Using future traffic volumes, Garver will evaluate the intersections of Archibald Yell Boulevard (Hwy 71 B)
at South Street as a signal-controlled intersection and the intersection of Archibald Yell Boulevard (Hwy
71B) at Rock Street/College Avenue will be analyzed as unsignalized with proposed geometric
Appendix A- Scope of Services 2 of 5 20T21 030
Archibald Yell Boulevard Improvements
improvements during AM and PM peak hours.
Garver will also evaluate the corridor with future volumes under existing 4-lane geometry and proposed
3-lane geometry.
6.4. Report
Garver will develop a memo summarizing the findings of the existing conditions and the future
conditions, describing the impacts of the road diet and the intersection improvements at Archibald Yell
Boulevard (Hwy 71 B) at South Street and at Rock Street/College Avenue. A summary of the corridor
Level of Service will also be included. Garver will submit one electronic copy of the report along with
appendices that include detailed outputs from Synchro and SimTraffic.
7. Conceptual Design
The conceptual design phase submittal will include College Avenue/Rock Street Intersection layout
sheets, new alignment profiles, water and sewer relocation plans (excluding profiles), pavement
marking sheets, traffic signal layout sheet, and an opinion of probable construction cost. This
conceptual submittal will be for the purpose of coordinating the proposed improvements with the Owner
and the utility companies and developing an order of magnitude cost estimate for the project. Garver
will incorporate comments from the Owner in the Preliminary Design. Garver will proceed with
Preliminary Design after the Conceptual Design is approved by the Owner in writing.
8. Lighting Design
Garver will begin Lighting Design upon obtaining written approval of the Conceptual Layout from the
Owner. The Lighting Design phase will cover both Preliminary and Final design phases. The
preliminary submittal will include lighting plans, quantities, and an opinion of probable construction cost.
The preliminary design phase will represent approximately 60 percent of final construction contract
plans. This submittal will not include technical specifications or"front end"contract documents. Garver
will incorporate comments from the Owner on the Preliminary Design in the Final Design, which then
will include any necessary non-Owner standard specifications. Garver will proceed with Final Design
after the Preliminary Design is approved by the Owner in writing.
The lighting scope will include necessary coordination for extending the existing lighting system along
College Avenue through the project intersection. The Owner will specify the light fixture to use and the
desired spacing. Garver will not select the fixtures, and no lighting study will be performed. Garver will
coordinate for new utility service with the electric utility to facilitate powering the new lighting or tie into
the existing circuit, as electrical calculations allow. The Owner will provide as-built drawings for the
existing lighting system and calculations from that system. Garver will not ensure new lighting meets
IESNA recommendations. Lighting outside of the the project extents will not be provided.
9. Preliminary Design
Once Garver receives written approval from Owner on Conceptual Design, Garver will begin
Preliminary Design. The Preliminary Design phase submittal will include College Avenue/ Rock Street
Intersection Layout Sheets & profile sheets, Driveway Plan & profiles, Maintenance of Traffic Plans,
signalization sheets and details, water and sewer relocation plan and profiles, Pavement Marking
Sheets, and an opinion of probable construction cost. The preliminary design phase will represent
approximately 60 percent of final construction contract plans. This submittal will not include technical
specifications or"front end" contract documents. Garver will incorporate comments from the Owner on
the Preliminary Design in the Final Design. Garver will proceed with Final Design after the Preliminary
Design is approved by the Owner in writing.
Appendix A- Scope of Services 3 of 5 20T21 030
Archibald Yell Boulevard Improvements
10. Final Design
Once Garver receives written approval from Owner on Preliminary Design, Garver will begin Final
Design including water and sewer relocations. During the final design phase of the project, Garver will
conduct final designs to prepare construction plans and specifications. for one construction contract,
including final construction details and quantities. special provisions. and opinion of probable
construction cost. Garver will also make final field inspection with Owner, make any needed plan
changes as a result of the final field inspection and/or special easement acquisition considerations, and
prepare the construction documents as required to advertise for bids.
Garver will also prepare, submit, and coordinate approval of a Stormwater Pollution Prevention Plan
(SWPPP) with ADEQ.
11. Property Acquisition Documents
Garver will provide mapping as required for preparing Right of Way/Easement acquisition documents
for the Owner's use in acquiring the property. Documentation will include a key map showing all
affected properties and an individual tract map with description of temporary and permanent acquisition
for each property. The Owner will provide a standard easement acquisition document or "go-by"
example for use by Garver. The fee for providing property acquisition documentation is based on
permanent right of way and temporary construction easements for no more than eight (8). Property
acquisition document preparation will begin after receiving the Owner's comments from the Preliminary
Design review.
12. Bidding Services
During the bidding phase of the project. Garver will:
A. Prepare an Advertisement for Bids for publication as directed by the Owner. Owner will pay
advertising costs outside of this contract.
B. Dispense construction contract documents to prospective bidders in a digital format.
C. Support the contract documents by preparing addenda as appropriate.
D. Attend the bid opening.
E. Prepare bid tabulation.
F. Evaluate bids and recommend award.
G. Prepare construction contracts.
13. Construction Phase Services
Construction Phase Services are currently excluded from the scope of services but may be added by
amendment at a future date.
14. Project Deliverables
The following will be submitted to the Owner, or others as indicated, by Garver:
A. One digital copy of the Traffic Report memo.
B. One digital copy of the Geotechnical Report.
C. Two (2) copies of the Conceptual Design with opinion of probable construction cost.
D. Two (2) copies of the Preliminary Design with opinion of probable construction cost.
E. One digital copy of the Preliminary Plans to each potentially affected utility company.
F. Two (2)copies of the Final Design with opinion of probable construction cost.
G. Three (3) copies of the revised Final Design with opinion of probable construction cost.
H. One digital copy of the revised Final Plans to each potentially affected utility company.
I. Three(3) copies of the Final Plans and Specifications to the Contractor.
Appendix A- Scope of Services 4 of 5 20T21030
Archibald Yell Boulevard Improvements
J. Two (2) copies of the right-of-way and/or easement acquisition documents.
K. Electronic files as requested.
15. Extra Work
The following items are not included under this agreement but will be considered as extra work:
A. Redesign for the Owner's convenience or due to changed conditions after previous alternate
direction and/or approval.
B. Submittals or deliverables in addition to those listed herein.
C. Pavement Design beyond that furnished in the Geotechnical Report.
D. Design of any utilities relocation other than water and sewer, and water and sewer
improvements beyond what is required to accommodate roadway improvements and comply
with minimum design standards.
E. Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically(culturally) significant items.
F. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
G. ARDOT permitting.
H. Irrigation System design.
I. Intersection turn movement counts at the study intersections or other intersection not included
in the study.
J. 24-hour classification counts along Hwy 71 B.
K. Analysis of intersections not described above.
L. Construction Phase Services
Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner
and Garver.
16. Schedule
Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall
complete the work in accordance with the schedule below:
Calendar Days
Phase Description
Traffic Study 45 days from NTP
Surveys—Design and Property 45 days from NTP
Conceptual Design 45 days from approval of the Traffic Study
Geotechnical Engineering 30 days from approval of the Conceptual Design
Preliminary Design 60 days from approval of Conceptual Design
Final Design 45 days from approval of Preliminary Design
Property Acquisition Documents 45 days from approval of Preliminary Design
Bidding Services 30 days from City Authorization
Appendix A- Scope of Services 5 of 5 20T21030
Archibald Yell Boulevard Improvements
GARVER
APPENDIX
^aomsALo YELL BOULEVARD IMPROVEMENTS
Garver Hourly Rate Schedule: July zO19'June zozn
Classification � Ratess"omeen/Azhuect,
s'1.............. ...---.... .................................. m 108.00
E-2.-------------------------' o 126.00
E-a-------------------------' $ 152.00
E-4.-------------------------' * 178.00
E-»---'---------------------- $ 217.00
E-a--... ... .... ...... ....... y ur000
E-r -------' $ 361.00
Planners/Environmental Specialist
p-1............................................... .... .......-....... $ 131z0
P-z-------------------------' $ 164.0
P-u-------------------------' $ 204.00
P-4.-------------------------' $ 232.00
P-5........ v e68.00
P-6....... ....................................................................' $ 306.00
P-7
Designers
o-1-------------------------- $ 101z0
o-2.-------------------------' n 118.00
D-o-------------------------' m 141z0
o-4 -----------------' $ 164.00
Technicians
T-1 m rsnn
rc m 100.00
rn ------ m 122.00
Surveyors
s'1............ .......... ......... ----- $ *uno
��������������� ... ... ...�� $ 64.00
S-u-------------------------' $ 86.00
S-4.-------------------------' $ 124.00
S-5............................................................................' $ 164.00
S-6.-------------------------' * 18e.00
z-Man Crew(Sunev) . n 198.00
3-Man Crew(Svrvey------------------ $ 24700
u-Man Crew(»po Survey) $ 218.00
3-Man Crew ---------------' o e67.00
Construction Observation
u-1-------------------------- $ 96.00
c-2.-------------------------. $ 123.00
u-3.----------------------- $ 150u0
C-4...---...... ..... .............................................. a 185.00
M-1 $ 370.00
x-1-------------------------- m mznn
*z-------------------------. $ 8*.00
X-o-------------------------' $ 117.00
x-4.-------------------------. v 150.00
X-5 $ 183.00
X-a------------------------- $ zuzm
X-r------------------------- * 279.00
Agreement for Professional Services
Archibald Yell Boulevard Improvements Garver Project wo.omzmm
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
FEE SUMMARY
Title I Services Estimated Fees
Geotechnical Services (Terracon) $6,200.00
Record Research $3,000.00
Utility Marking $400.00
Traffic Studies $19,050.00
Signalization Design $20,150.00
Surveys $31,250.00
Conceptual Design $36,900.00
Preliminary Design $43,400.00
Preliminary Design - Electrical $9,000.00
Final Design $48,050.00
Final Design - Electrical $5,120.00
Property Acquisition Documents $12,700.00
Bidding Services $3,700.00
Subtotal for Title I Services $238,920.00
Title II Services
Construction Materials Testing $0.00
Construction Phase Services $0.00
Subtotal for Title II Services $0.00
L:\2020\20T21030-Fayetteville Archibald Yell Blvd Imps\Contracts\Client\Draft\APPENDIX B-Garver Fee Spreadsheet_xlsx
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
TRAFFIC STUDIES
WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1
$272.00 $217.00 $178.00 $152.00 $126.00 $108.00 $79.00
hr hr hr hr hr hr hr
1. Traffic Analysis
Develop Future Growth Rates 1 4
Existing Traffic Volumes Analyses
Compile Existing Volumes (AM, PM,ADT) 1 4
Analyze Existing Condition(AM and PM) 1 12
Analyze Proposed Condition(AM and PM) 1 12
Analyze Corridor(4-Lanes&3-Lanes) 1 8
Future Traffic Volumes Analyses
Develop Future Volumes(AM, PM,ADT) 1 4
Analyze Existing Condition(AM and PM) 1 12
Analyze Proposed Condition(AM and PM) 1 12
Analyze Corridor(4-Lanes&3-Lanes) 1 8
Summary Report 16 4
Coordination with MPO 4
QC Review 8 2
Subtotal-Traffic Analysis 8 31 0 0 80 0 0
Hours 8 31 0 0 80 0 0
Salary Costs $2,176 $6,727 $0 $0 $10,080 $0 $0
SUBTOTAL-SALARIES: $18,983.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $67.00
Postage/Freight/Courier $0.00
Travel Costs $0.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $67.00
SUBTOTAL: $19,050.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $19,050.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
SIGNALIZATION DESIGN
WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1
$272.00 $217.00 $178.00 $152.00 $126.00 $108.00 $79.00
hr hr hr hr hr hr hr
1. Preliminary Design
Signalization Plan at South Street
Notes 1 1
60&40 Scale Plans 2 16 8 4
Wiring Diagram 2 12 6 1
Charts 2 12 4 1
Wheelchair Ramps at South Street 2 16 2
QA/QC 8
Subtotal-Preliminary Design 8 0 9 0 57 20 6
2. Final Design
Signalization Plan at South Street
Notes 1
Quantities 4 4 2
60&40 Scale Plans 6 4 2
Wiring Diagram 2 2 1
Charts 2 2 1
Wheelchair Ramps at South Street 1 6 1
Technical Specifications 2 1
QA/QC 4
Subtotal-Final Design 4 0 7 0 18 13 6
Hours 12 0 16 0 75 33 12
Salary Costs $3,264.00 $0.00 $2,848.00 $0.00 $9,450.00 $3,564.00 $948.00
SUBTOTAL-SALARIES: $20,074.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $76.00
Postage/Freight/Courier $0.00
Travel Costs $0.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $76.00
SUBTOTAL: $20,150.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $20,150.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
SURVEYS
2-Man 2-Man 3-Man
WORK TASK DESCRIPTION E-3 S-5 S-4 Crew Crew(GPS Crew T-2
(Survey) Survey) (Survey)
$152.00 $164.00 $124.00 $198.00 $218.00 $247.00 $100.00
hr hr hr hr hr hr hr
1. Surveys-Topographic
Coordination and Administration 4 6
Establish Horizontal and Vertical Control 2 2 6 4
Locate Utilities 2 4 4 8
Topographic Surveys 8 2 8 20
Data Processing/DTM Preparation 4 20 4
Subtotal-Surveying 4 22 28 18 32 0 4
2. Surveys-Property
Coordination and Administration 4 8
Record Research 2 8
Field Research 2 2 6
Field Work 1 2 8 6
Property Easement/Right of way Delineation 10 20
Subtotal-Surveying 4 23 32 14 6 0 0
Hours 8 45 60 32 38 0 4
Salary Costs $1,216.00 $7,380.00 $7,440.00 $6,336.00 $8,284.00 $0.00 $400.00
SUBTOTAL-SALARIES: $31,056.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $40.00
Postage/Freight/Courier $0.00
Survey Supplies $24.00
Travel Costs $130.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $194.00
SUBTOTAL: $31,250.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $31,250.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
CONCEPTUAL DESIGN
WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1
$272.00 $217.00 $178.00 $152.00 $126.00 $108.00 $79.00
hr hr hr hr hr hr hr
1. Civil Engineering
Typical Sections 3 6 2
Intersection Layout&Profile Sheets 6 24 50 16
Drainage Improvements 4 16 4
Sidewalks 2 6 4
Pavement Marking Plans 2 8 12 4
Water&Sewer Relocations
Record Drawing and Survey Review 2 8
and Field Investigation
Preparation of Water and Sewer Relocation 12 30
Plans(excluding profiles)
Opinion of Probable Construction Cost 2 6
Utility Coordination 6
Meetings/Coordination with City 4 6
Opinion of Probable Construction Cost 4 8
QC Review 4 4
Subtotal-Civil Engineering 16 0 77 0 0 142 30
2. Structural Engineering
Retaining Wall Layout 2 6
Subtotal-Structural Engineering 0 0 2 0 0 6 0
Hours 16 0 79 0 0 148 30
Salary Costs $4,352.00 $0.00 $14,062.00 $0.00 $0.00 $15.984.00 $2,370.00
SUBTOTAL-SALARIES: $36,768.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $90.00
Postage/Freight/Courier $0.00
Travel Costs $42.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $132.00
SUBTOTAL: $36,900.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $36,900.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
PRELIMINARY DESIGN
WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1
$283.00 $226.00 $186.00 $159.00 $132.00 $113.00 $83.00
hr hr hr hr hr hr hr
1. Civil Engineering
Preliminary Plans
Typical Sections 1 2
Intersection Layout&Profile Sheets 4 24 40 10
Cross Sections 4 6
Driveways 4 8 4
Drainage Improvements 6 16
Sidewalks 6 8 4
Tree Planting Layout and Details 8 4
Pavement Marking Plans 3 8 4
Signing Plans 1 3 2
Water&Sewer Relocations
Preparation of Water and Sewer Relocation 12 36
Plan and Profiles
Preparation of Water and Sewer Relocation 2 8
Details
Opinion of Probable Construction Cost 2 8
Coordination with Utility Companies 8
Coordination and Meetings with Owner 4 6
Opinion of Probable Construction Cost 4 8
QC Review 6 8
Subtotal-Civil Engineering 14 0 91 8 0 151 28
2. Structural Engineering
Retaining Wall Layout 4 8 2
Subtotal-Structural Engineering 0 0 4 0 0 8 2
Hours 14 0 95 8 0 159 30
Salary Costs $3,962.00 $0.00 $17,670.00 $1,272.00 $0.00 $17,967.00 $2,490.00
SUBTOTAL-SALARIES: $43,361.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $26.00
Postage/Freight/Courier $0.00
Travel Costs $13.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $39.00
SUBTOTAL: $43,400.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $43,400.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
PRELIMINARY DESIGN - ELECTRICAL
WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1
$283.00 $226.00 $186.00 $159.00 _ $132.00 $113.00 $83.00
hr hr hr hr hr hr hr
1. Electrical Engineering ,
General Team Coordination - 2 - 4
Performance Specification 8 8 16
Quantities 2 8
Cost Estimate 2 4
QC Review 4 4
Address Review Comments 2
•
•
Subtotal-Electrical Engineering 0 0 14 16 0 34 0
Hours 0 0 14 16 0 34 0
Salary Costs $0.00 $0.00 $2,604.00 $2,544.00 $0.00 $3,842.00 $0.00
SUBTOTAL-SALARIES: $8,990.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $10.00
Postage/Freight/Courier $0.00
Travel Costs $0.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $10.00
SUBTOTAL: $9,000.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $9,000.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
FINAL DESIGN
WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1
$283.00 $226.00 $186.00 $159.00 $132.00 i $113.00 $83.00
hr hr hr hr hr hr hr
1. Civil Engineering
Final Plans
Typical Sections 1 2
Intersection&Profile Sheets 4 12 30
Cross Sections 2 4
Maintenance of Traffic Plan 1 4 8 2
Driveways 2 4 2
Drainage Improvements 2 8
Sidewalks 2 4 2
Tree Planting Plan&Details 8 4
Striping Plans 2 4
Signing Plans 2
Typical Details 1 4
Erosion Control Plans 1 6 2
Water&Sewer Relocations
Preparation of Water and Sewer Relocation 12 36
Plan and Profiles
Preparation of Water and Sewer Relocation 2 8
Details
Opinion of Probable Construction Cost 2 8
Specifications 4 10
Water and Sewer and ADH Review 4 4
Final Review with City 4
Coordination with Utility Companies 10
Coordination and Meetings with Owner 4 6
SWPPP/Coordination with ADEQ 6
Specifications/Contract Documents 8
Quantities 4 8
Opinion of Probable Construction Cost 2 4
QC Review 4 8
Subtotal-Civil Engineering 13 0 95 8 6 154 12
2. Structural Engineering
Retaining Wall Layout/Elevations 6 16
Structural Details 4 4
Structural Specifications 6
Subtotal-Structural Engineering 0 0 16 0 20 0 0
Hours 13 0 111 8 26 154 12
Salary Costs $3.679.00 $0.00 $20,646.00 $1,272.00 $3,432.00 $17.402.00 $996.00
SUBTOTAL-SALARIES: $47,427.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $90.00
ADH Review Fee $500.00
Postage/Freight/Courier $0.00
Travel Costs $33.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $623.00
TOTAL FEE: $48,050.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
FINAL DESIGN - ELECTRICAL
WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1
$283.00 $226.00 $186.00 $159.00 $132.00 $113.00 $83.00
hr hr hr hr hr hr hr
1. Electrical Engineering
Address City's Comments 1 2
General Team Coordination 1 2
Performance Specification 2 4 8
Quantities 2 4
Cost Estimate 1 2
QC Review 2 2
Address Review Comments 2
Sign Documents 1 1
Subtotal-Electrical Engineering 0 0 7 9 0 21 0
Hours 0 0 7 9 0 21 0
Salary Costs $0.00 $0.00 $1,302.00 $1,431.00 $0.00 $2,373.00 $0.00
SUBTOTAL-SALARIES: $5,106.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $14.00
Postage/Freight/Courier $0.00
Travel Costs $0.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $14.00
SUBTOTAL: $5,120.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $5,120.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
PROPERTY ACQUISITION DOCUMENTS
2-Man Crew 2-Man Crew 3-Man Crew
WORK TASK DESCRIPTION E-3 S-5 S-4 (GPS (GPS T-2
(Survey) Survey) Survey)
$159.00 $171.00 $129.00 $206.00 $227.00 $278.00 $104.00
hr hr hr hr hr hr hr
1. Acquisition Documents
Coordination and Administration 4 4
Permanent Right-of-Way Acquisition Documents 12 30
Temporary Construction Easements 4 6
Coordination with Owner 4 2
Stake Proposed Easement(Maximum 4-Parcels) 2 2 4 6
Subtotal-Civil Engineering 8 24 38 4 6 0 0
Hours 8 24 38 4 6 0 0
Salary Costs $1,272.00 $4,104.00 $4,902.00 $824.00 $1,362.00 $0.00 $0.00
SUBTOTAL-SALARIES: $12,464.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $200.00
Postage/Freight/Courier $0.00
Survey Supplies $20.00
Travel Costs $16.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: $236.00
SUBTOTAL: $12,700.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $12,700.00
APPENDIX B
CITY OF FAYETTEVILLE
ARCHIBALD YELL BLVD IMPROVEMENTS
BIDDING SERVICES
WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1
$283.00 $226.00 $186.00 $159.00 $132.00 $113.00 $83.00
hr hr hr hr hr hr hr
1. Civil Engineering
Dispense plans and specs-N/A
Addendums/Inquiries 4
Bid Opening 3
Prepare bid tabulation 1 2
Evaluate bids and recommend award 2
Prepare construction contracts 3
Subtotal-Civil Engineering 0 0 13 0 0 2 0
2. Structural Engineering
Addendums/RFIs 3
Subtotal-Structural Engineering 0 0 3 0 0 0 0
3. Electrical Engineering
Addendums/RFIs 2
Subtotal-Electrical Engineering 0 0 2 0 0 0 0
Hours 0 0 18 0 0 2 0
Salary Costs $0.00 $0.00 $3,348.00 $0.00 $0.00 $226.00 $0.00
SUBTOTAL-SALARIES: $3,574.00
DIRECT NON-LABOR EXPENSES
Document Printing/Reproduction/Assembly $106.00
Postage/Freight/Courier $0.00
Travel Costs $20.00
SUBTOTAL-DIRECT NON-LABOR EXPENSES: 5126.00
SUBTOTAL: $3,700.00
SUBCONSULTANTS FEE: $0.00
TOTAL FEE: $3,700.00
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION:
Approval of a contract in the amount of$238,920.00 with Garver, LLC for design of the Archibald Yell Blvd.
Improvements Project, authorizing the Mayor to acquire the easements and ROW for the project and approval of a
budget adjustment, per RFQ 20-01,selection#5.
COUNCIL DATE: 6/2/2020
LEGISTAR FILE ID#: 2020-0394
Matthe-w Ma dd o-w
5/11/2020 1:47 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
6/2/2020
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED: /
TOTAL - - v.20200324
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4602.860.7221-5860.02 238,920 - 46020 7221.1010 _EX Capital Prof Svcs-Engineering/ArchitectL
4602.860.7221-5860.04 10,000 - 46020 7221.1010 EX Capital Prof Svcs-Contra (Engineering)
4602.860.7999-5899.00 (248,920) - 46020 7999 EX Unallocated-Budget
H:\Budget Adjustments\2020_Budget\City Council\06-02-2020\BA 2020-0394 Archibald Yell Garver Agreement 1 of 1
To: Mayor Lioneld Jordan and Fayetteville City Council—May 27, 2020
From: Jerry B. Hogan
1984 N. East Oaks Dr.#2
Fayetteville, AR 72703
479-521-5314
Topic: Repurposing Archibald Yell Boulevard
Summary: Citizen's Position Statement on and Brief History of topic
Please see the following files inserted below:
Archibald Yell Boulevard Improvements—Position Statement
Archibald Yell Boulevard—short history
Archibald Yell Boulevard History (list of newspaper articles from the Northwest Arkansas Times)
Archibald Yell Boulevard Improvements—Position Statement—J. B. Hogan
I have no objection to making Archibald Yell Boulevard safer for what few pedestrians will walk up
the very steep hills from the western edge of South Fayetteville to reach the Square. I also believe
the complex intersection at Rock/College/and AY Blvd. needs redesigning or at least traffic lights
installed. Here are my specific comments about the proposed changes to AY Blvd.
1 —Archibald Yell Boulevard was constructed in the early 1950s to provide a way for commercial
truck traffic to bypass the narrow, congested streets through and around the Square. It was not built
to cut off pedestrian traffic. It continues to be the fastest, most efficient way to get through the
downtown area to S. School and the roads beyond.
2—I would like to see actual numbers of pedestrians using or requesting the use of the streets
leading out of the western edge of South Fayetteville. Growing up here in the 1950s and coming
back in later life, I see very few people trying to walk up those steep hills.
3—I have recommended before that I believe all that needs to be done, besides fixing the
Rock/College/AY Blvd. intersection, is the installation of pedestrian lights and markings at South
Street and AY Blvd. and at S. School Avenue and AY Blvd. I believe this would resolve most of the
issues about pedestrian traffic and safety.
4—I believe AY Blvd. should be otherwise left alone as it is, as mentioned before,the best and
fastest way to get through that part of town.
Archibald Yell Boulevard—short history—J. B. Hogan
1929-1930—U. S. Highway 71 paved
Truck route through town: South on College Avenue to E. Center Street, across the Square and
down to S. School Avenue to continue Highway 71 South
I947-1951 —talks about creating a viaduct/overpass/bypass through town
April 1948—front steps at old Washington County Courthouse (and old County Jail)cut off and
made parallel to College Avenue
1951-1952—bypass approved and worked on
Summer 1952—bypass is completed and open
1952—Walter J. Lemke proposes bypass name: Archibald Yell Drive; named Archibald Yell
Boulevard
April 1955—Archibald Yell Memorial plaque placed in front of old Washington County
Courthouse
Archibald Yell Boulevard History—from the Northwest Arkansas Times—J. B. Hogan
2/14/1950—Rerouting of 71 subject of council action
1/24/1951 —Council will purchase property for Route 71
4/11/1951 —Way cleared to build Highway 71
4/17/1951 —City opens proceedings to obtain right of way
5/15/1951 —Property owners and city agree on land price
4/8/1952—Street closings on Highway 71 route protested
5/6/1952—No lights on new bypass
6/11/1952—p. 4—editorial—Washington County Historical Society,through its president, Walter J.
Lemke, proposes calling the new bypass Archibald Yell Drive
8/19/1952—Some changes in names of streets made, including the 71 bypass, which is now
officially named Archibald Yell Boulevard
3/2/1955—Masons to put memorial to Yell by courthouse by April
4/25/1955—Yell memorial unveiled
4/30/1955—Special edition: `Fayetteville on the Grow"—Archibald Yell Bypass completed back
on June 13, 1952
CityClerk
From: Johann Komander <johann.komander@gmail.com>
Sent: Wednesday, May 27, 2020 6:58 PM
To: CityClerk
Subject: Input for Archibald Yell discussion
Categories: Forwarded
CAUTION:This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hello! Please see below input for this conversation to be distributed to Mayor, City Council, and Staff.Thanks!
I also support this redesign as it will provide safe and desperately needed pedestrian connections for south fayetteville
residents to downtown, reduce to 1 lane each way and mitigate the 'racetrack' layout which encourages speeding, and
help provide a more naturally interwoven urban layout,which will promote needed infill housing and other amenities.
Right now the south side is very much cut off, especially for anyone unable to walk up that steep hill at the Rock st
intersection. If possible I would love to see a landscaped median down the middle, somewhat like the section of college
up before Lafayette st.This stretch has the potential to be a beautiful 'Boulevard into the City of Fayetteville'. Optimizing
this stretch of urban design for cars and traffic is very nearsighted.This stretch in particular holds so much more long
term value for the city and citizens alike as a fully integrated thoroughfare through which all different types of
modalities can coexist. To not see this incredible potential is to miss the forest for the trees. Let's be thinking 5, 10, 20
years forward here. AVs and increased pedestrian activity in downtown together will be dramatically changing
conversations about 'traffic' in as little as 5.
CityClerk
From: CityClerk
Sent: Tuesday,June 2, 2020 8:07 AM
To: bbolinger@fayetteville-ar.gov; bpennington@fayetteville-ar.gov; cityclerk@fayetteville-
ar.gov; citycouncil@matthewpetty.org; geads@fayetteville-ar.gov;
groberts@fayetteville-ar.gov;jbatker@fayetteville-ar.gov; kjohnson@fayetteville-ar.gov;
krogers@fayetteville-ar.gov; kwilliams@fayetteville-ar.gov; Ibranson@fayetteville-ar.gov;
Ijordan@fayetteville-ar.gov; Mathis,Jeana; Paxton, Kara; pmulford@fayetteville-ar.gov;
snorton@fayetteville-ar.gov;Thurber, Lisa; wardl_posl @fayetteville-ar.gov;wardl_pos2
@fayetteville-ar.gov; ward2_posl @fayetteville-ar.gov;ward3_posl @fayetteville-ar.gov;
ward3_pos2@fayetteville-ar.gov; ward4_posl @fayetteville-ar.gov;ward4_pos2
@fayettevi I I e-a r.g ov
Cc: Rebecca LaTourette
Subject: FW: Improvements to Archibald Yell Blvd
Please see email below regarding Archibald Yell Blvd.
From: Rebecca LaTourette<berekki@gmail.com>
Sent: Monday,June 1,2020 5:09 PM
To: CityClerk<cityclerk@fayetteville-ar.gov>
Subject: Improvements to Archibald Yell Blvd
CAUTION:This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
To whom it may concern,
I'm requesting that this email be forwarded to the mayor,the city council and staff.
I'm looking forward to seeing the Archibald Yell Blvd. project commence and am pleased that safe east-west access is
being addressed and implemented. I have a few questions and concerns that I'd like to stay updated on.As a longtime
property owner on the north side of Archibald Yell Blvd, I am acutely aware of major water flow issues down this hill,
particularly down Church St which dead ends into my property. Between my mom's house and my own,we are soaking
up a lot of run off. I'm hoping to to work with the city to avoid predictable future issues when we develop the property.
It would be wonderful to see native boulder terracing and vegetation slowing down the water on the north slope. Since
the city already owns more than just the AY easement in this spot, I'm hoping for something less abrupt than a retaining
wall.
I notice that the initial plan includes a pedestrian crossing that comes to the SE corner of my lot.This makes sense and
it's worth noting that those who cross here usually continue straight up the east edge of my lot to either continue to the
square or turn left at South St to head to the FPL.This natural route is worth discussing. My son and I are in the early
stages of planning future development on this property that is sensitive to its historic character and preserves the large
trees on the lot. It makes sense to me that we communicate clearly and stay updated on the major changes planned for
the boulevard.We are looking forward to being part of the improvement.
Best,
Rebecca LaTourette
479-445-7294
205 W South St
Fayetteville,AR 72701
1