HomeMy Public PortalAboutORD16224BILL NO. 2022-006
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. /LPz24
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CRAFTON TULL
FOR THE CAPITAL AREA ACTIVE TRANSPORTATION PLAN, FORMERLY KNOWN
AS THE CAPITAL AREA PEDESTRIAN & BICYCLE PLAN.
WHEREAS, Crafton Tull has been selected as the firm best qualified to provide
professional services related to the update and development of the Capital
Area Active Transportation Plan.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Crafton Tull is hereby approved as the best qualified firm to provide
professional services and its proposal is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Crafton Tull.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: k-444, RAJ JO) A02 -2 -
Presiding Officer
ATTEST:
thitiOt
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City Clerk
Approved: VV Z(° r 202-2-_
7-
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Mayor Carrie Ter in Cty
Y Tergin
AS TO FORM:
FINANC E DEPA R TMENT
PURC H ASING D IVISIO N
SUBJECT: Bid RFSQ4016-CAMPO Pedestrian Bicycle P lan
Pub lic Works -Opened February 15 , 2022
RECOMMENDATION:
Staff recommends the award of the request for quali ficat ions RFSQ40 16 for th e CAMPO Pedestrian
Bicycle Pan to Cr afton T ull of Rogers, Arkansas . T hi s bid was evaluated by a committee appointed by t he
CAMPO Board of Directors consis tin g of City s taff, Cole County Commi ss ion members, a nd City of
Ho lts Summit staff and was awarded to the mo st qualified vendor. The contract amount is for a not-to -
exceed amount of$125 ,000.00.
BIDS RECEIVED:
Crafton Tull , Rogers , AR
Lochmueller Group, St Louis, MO
DG2 Design, Eurka, MO
SWT Design, StLouis, MO
CBB Transportation Engineers and Planners, St Loui s, MO
CFS Engineers, Jefferson City, MO
Thi s bid was posted on Bonfire. Bid notifica tions were sent to 1,599 vendors of which 11 were
recommended vendors by the Department.
F ISCAL NOTE:
Expended or
Account Number De scription FY 2022 Encumber ed Bid Amount Bal ance
Budget Amount
Profess io na l Service s-
Planning and Protective
10-522-522020 Services $108,000.00 $8,000.00 $100,000.00 $0.00
Gr eenway Acq uisit io n
and Deve lopme nt, Parks
21-990-574003 Funds $2 5,000.00 $0 $25,000.00 $0.00
Bid Total $125,000.00
ATTACHMENTS -SUPPORTING DOCUMENTATION
RFSQ4016-01/22-Request for Qualifications-CAMPO
Pedestrian Bicycle Plan
Scoring Summary
Active Submissions
i . : I l
I 'E . dT h. l r · P R d f T t 1 , xpenence an ec mea , C .t d C b Tty ; ast ecor o : o a ; apac1 y an apa 1 1 . ; ; Competence ! ! Performance
! . i ! --------. -·--·---'---------------------!----------·----------+--------------------
Supplier /1 00 pts ! I 35 pts ; I 30 pts ! I 35 pts
Crafton Tull 95
Lochmueller Group 88
DG2 Design 84
SWT Design 83
CBS Transportation 81 Engineers + Planners
CFS Engineers 80
34 29
33 28
28 26
27 25
25 25
27 25
Generated on Apr 25. 2022 9:53 AM COT -Leigh Ann Corrigan
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Corrigan, Leigh Ann
From:
Sent:
To:
Cc:
Subject:
Leigh Ann,
Bange, David
Monday, March 7, 2022 12:02 PM
Corrigan, Leigh Ann
Vaughan, Craig; Williams, Katrina
Consultant selection for the Pedestrian and Bicycle Plan
The selection committee met again today and as a group evaluated and ranked the responses that we received from the
Pedestrian and Bicycle RFQ. It was the conscientious of the committee that we enter the scores as a group rather than
individually. To that end I have entered the scores into Bonfire under my name. At this time we would like to move
forward with contacting Crafton Tull and beginning the process of defining the scope and fee.
Please let me know if you have any questions. Thanks.
David Bange, P.E.
City Engineer
City of Jefferson
320 E. McCarty Street
Jefferson City, MO 65101
Phone(573)634-6433
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CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
“City”, and Crafton, Tull & Associates, Inc., hereinafter referred to as “Contractor”.
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render certain services for the
Update of the Capital Area Pedestrian & Bicycle Plan (Active Transportation Plan) for the Capital
Area Metropolitan Planning Organization (CAMPO) , hereinafter described in Exhibit A.
WHEREAS, Contractor has made certain representations and statements to the City with respect
to the provision of such services and the City has accepted said proposal to enter into a contract with the
Contractor for the performance of services by the Contractor.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City
and the Contractor as follows:
1. Scope of Services.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the Update
of the Capital Area Pedestrian & Bicycle Plan (Active Transportation Plan), as set forth in Exhibit A. In
the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement
shall govern and prevail.
2. Payment.
The City hereby agrees to pay Contractor for the work done pursuant to this contract and in accordance
with the attached Exhibit C. Contractor's standard hourly rates are attached as Exhibit B. Contractor shall
prepare invoices in accordance with its standard invoicing practices and submit the invoices to the City on
a monthly basis. Invoices are due and payable upon receipt. No partial payment to Contractor shall operate
as approval or acceptance of work done or materials furnished hereunder. No change in compensation
shall be made unless there is a substantial and significant difference between the work originally
contemplated by this agreement and the work actually required. The total amount for services rendered
under this contract shall not exceed One Hundred Twenty-Five Thousand Dollars ($125,000).
3. Term.
This contract shall commence on the date last executed by a party as indicated below. The Contractor shall
substantially complete the project, as set forth in Exhibit A, by eighteen (18) months from the Notice to
Proceed.
4. Additional Services.
The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth
in Exhibit A. The Contractor shall undertake such changed activities only upon the direction and duly
authorized Amendment to this Agreement by the City. All such directives and changes shall be in written
form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed
representatives.
5. Personnel to be Provided.
The Contractor represents that Contractor has or will secure at its expense all personnel required to perform
the services called for under this contract by the Contractor. Such personnel shall not be employees of or
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have any contractual relationship with the City except as employees of the Contractor. All of the services
required hereunder will be performed by the Contractor or under the Contractor’s direct supervision and all
personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to
perform such services. None of the work or services covered by this contract shall be subcontracted except
as provided in Exhibit A without the written approval of the City.
6. Contractor’s Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts
and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted
in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set
forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding
termination of any subcontract as the City may exercise over Contractor under any provisions of this
contract. Nothing contained in this contract shall create any contractual relations between any
subcontractor and the City or between any subcontractors.
7. Independent Contractor.
The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor
or any of its employees as agents or employees of the City.
8. Benefits not Available.
The Contractor shall not be entitled to any of the benefits established for the employees of the City and
shall not be covered by the Workmen’s Compensation Program of the City.
9. Nondiscrimination.
The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of
race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against
any employee of Contractor or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
10. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment
and participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall
provide proof of citizenship or lawful presence of the owner.
11. Notice to Proceed.
The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken
and completed in accordance with the schedule contained in Exhibit A.
12. Termination.
If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under
this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this
contract, the City shall thereupon have the right to terminate this contract by giving written notice to the
Contractor of such termination and specifying the effective date thereof, at least five (5) days before the
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effective day of such termination. The City reserves the right to terminate this contract for convenience
by giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights
or remedies of the City, provide Contractor shall be entitled to payment for all work completed by
Contractor through the date of termination. The Contractor may with cause terminate this contract upon
30 days prior written notice. In either such event all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor
under this contract shall, at the option of the City, become its property, and the compensation for any
satisfactory work completed on such documents and other materials shall be determined. Notwithstanding
the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by
virtue of any such breach of contract by the Contractor.
13. Waiver of Breach.
Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be
deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be
deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
14. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and that the contract
should not be construed as having been drafted by either party. In the event that the City successfully
enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any
other relief, its reasonable attorney’s fees, expenses and costs.
15. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or
enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not
so adjudged.
16. Assignment.
The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of the City thereto. Any such
assignment is expressly subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as provided herein, and no
such assignment shall require the City to give any notice to any such assignee of any actions which the City
may take under this agreement, though City will attempt to so notify any such assignee.
17. Existing Data.
All information, data and reports as are existing, available and necessary for the carrying out of the work,
shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the
Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable
for the accuracy of the information furnished by the City.
18. Confidentiality.
Any reports, data or similar information given to or prepared or assembled by the Contractor under this
contract which the City requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without prior written approval of the City.
19. Indemnity.
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To the fullest extent permitted by law, the Contractor will defend (except for occurrences related to
professional liability), indemnify and hold harmless the City, its elected and appointed officials, employees,
and agents from and against any and all claims, damages, losses, and expenses including reasonable
attorneys’ fees arising out of or resulting from the performance of the work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the work itself) including the loss of use resulting therefrom
and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation
of indemnity which would otherwise exist as to any party or person described in this paragraph.
20. Insurance.
Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial
general liability insurance with a reputable, qualified, and financially sound company licensed to do
business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not
less than “A,” that shall protect the Contractor, the City, and the City’s officials, officers, and employees
from claims which may arise from operations under this agreement, whether such operations are by the
Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability
insurance shall include, but shall not be limited to, protection against claims arising from bodily and
personal injury and damage to property, resulting from all Contractor operations, products, services or use
of automobiles, at a limit of $1,000,000 Each Occurrence, $2,000,000 General Aggregate with a
$10,000,000 umbrella policy on the Commercial General Liability insurance; provided that nothing herein
shall be deemed a waiver of the City’s sovereign immunity. An endorsement shall be provided which
states that the City is named as an additional insured on the Commercial General Liability and Automobile
Liability policy and stating that the policy shall not be cancelled or materially modified so as to be out of
compliance with the requirements of this section, or not renewed without 30 days advance written notice
of such event being given to the City. Contractor shall provide Professional Liability insurance at limits of
$5,000,000 per claim and $5,000,000 aggregate.
21. Documents.
Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be
delivered upon request to and become the property of the City upon termination or completion of work.
Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions or limitations on their
use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and
delivering same.
22. Books and Records.
The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred in connection with this contract, and shall make such materials
available at their respective offices at all reasonable times during the contract and for a period of three (3)
years following completion of the contract.
23. Nonsolicitation.
The Contractor warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warranty, the
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City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gifts, or contingent fee.
24. Delays.
That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the
Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set
forth in this contract; and that under no circumstances will the Contractor be liable for indirect or
consequential damages.
25. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whosoever
made; nor shall any modification of it be binding upon the City until such written modification shall have
been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may
not be responsible for paying for changes or modifications that were not properly authorized.
26. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri
shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit
and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce
this contract, the City shall be entitled to recover its attorney’s fees and expenses incurred in such action.
27. Federal Funds.
The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit D
shall be fully considered in preparing responses and performing work under any resulting award.
28. Notices.
All notices required or permitted hereinunder and required to be in writing may be given by first class mail
addressed to the following addresses. The date and delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
If to the City: If to the Contractor:
City of Jefferson Crafton Tull
Department of Law Attn: Julie Luther Kelso, AICP, ASLA
320 East McCarty Street 10825 Financial Centre Parkway, Ste 300
Jefferson City, Missouri, 65101 Little Rock, AR 72211-3554
CITY OF JEFFERSON, MISSOURI CONTRACTOR
Carrie Tergin, Mayor
Date: '5 ZZ
Title:
Date:
ATTEST: ATTEST:
"el4letankitliod
CI Clerk Title:
APPROVED AS TO FORM:
CITY OF JEFFERSON, MISSOURI
C ity Administrator
Date: ----
ATTEST:
C ity C lerk
APPROVED AS TO FORM:
City Attorney
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CONTRACTOR
ATTEST:
__________________________________________________________________________________________
www.craftontull.com 1
Exhibit “A”
Scope of Basic Services For:
Project: CAMPO Active Transportation Plan
Client: Capital Area Metropolitan Planning Organization
Location of Project: City of Jefferson, MO
Discipline: Planning
Discipline Manager: Julie Luther Kelso
Project Manager: Julie Luther Kelso
Proposal Date: 04/18/22
Billing Type: Fixed Fee
Fee/Estimate: $125,000
Description of the Planning Project: Active Transportation Planning Services
TASK 1: PROJECT KICK-OFF, EXISTING FACILTIES, VISIONING, AND ONGOING COORDINATION
At the outset of the project, Crafton Tull (Consultant) will work with the Capital Area Metropolitan Planning
Organization (Client) to refine the overall project strategy and initiate coordination with past or ongoing studies
and projects in the study area.
Task 1.1 Virtual Kick-off Meeting and Project Management
The CTA Team will begin the project with a virtual kick-off meeting with the Client to confirm the objectives for
the project. As necessary, the kick-off meeting will address the following key project issues:
1. Provide a forum for meeting participants to identify opportunities and challenges that this project
will face, and to establish the objectives that must be accomplished through this work.
2. Discuss the project schedule, including the key milestones, deliverables and meetings.
3. Discuss the availability of GIS and/or other base data and plan documents that will be needed for
the project.
It is understood that CAMPO staff will subsequently meet with individual jurisdictions to present the project
process and timeline.
Task 1.2 Ongoing Project Coordination
Throughout the project, Crafton Tull will coordinate progress, decision points, and next steps with the client or
client team. Monthly project update meetings will be held to discuss these and any project issues as they arise.
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Task 1.3 Public Engagement Plan
Crafton Tull will outline a public engagement plan based on this scope of services that specifies workshop
agendas, focus groups, and outreach efforts that may be completed by the consultant team or client throughout
the planning process.
Task 1.4 Previous Plans Review and Assessment
The CTA Team will review all previous plans relevant to this study and assess major themes, identify areas of
consensus and areas of contradiction, and compile a summary document to be utilized during the visioning
process with the steering committee and the public to confirm which components have been achieved, which
ones carry forward with continued relevance, and which ones no longer apply. This assessment will determine
the framework of the consolidated Active Transportation Plan. The Crafton Tull Team will conduct a virtual
meeting with the client to review the assessment and key outcomes of existing plans.
Task 1.5 Collect Existing GIS Data and Develop Base Maps
To conduct the analyses described in this scope, the Consultant will need a wide variety of GIS and base data,
including street attribute data, built and natural environment components, planning and parcel data, and
analytical and planning outputs from previous planning efforts.
The following GIS data is requested to conduct the project:
• Roadway centerline files with road name, classification, posted speed limit, ADT, number of travel
lanes, lane widths and overall roadway width, direction (one-way vs. two way)
• Existing bicycle and pedestrian traffic counts
• Locations and descriptions of planned transportation infrastructure improvements
• Existing and planned trails and greenways, sidewalks, and on- and off-road bicycle facilities
• Right of way extents
• Bicycle and pedestrian crash data over the past 5 years
• Travel Demand Model and Scenario Planning Outputs
• Locations of signalized intersections, midblock crossings, rail crossings
• Analysis data previously completed for this project
• Transit routes and stops
• Contours
• Locations of physical barriers such as sidewalk disconnects, major highways, rail lines, rivers and
streams, steep terrain, and other barriers
• On-street parking restrictions
• Sidewalk deferrals
• Parcel layers indicating public or private land ownership
• Major employment and activity centers
• Locations of major bicycle and pedestrian destinations (including schools, colleges, libraries, parks
and open spaces, senior centers, social service sites, community centers, sporting venues, tourist
destinations, hospitals, and other activity centers)
• Locations of planned residential or commercial development
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• Land use (current and proposed)
• Zoning
• Population, employment, and travel data (by census block group and traffic analysis zone)
• Aerial photography of the study area
Under guidance of the Client, Crafton Tull will use data provided by Client and request additional data through
contact with planning, transportation, park and/or public data management.
Task 1.6 Existing Facilities and Existing Conditions Analysis
Using the base data obtained in Task 1.5, Crafton Tull will develop or revise a map of existing on- and off-road
bicycle (not including unpaved trails, other than the pedestrian bridge to Katy Trail connector) and pedestrian
facilities across the study area (to the extent data is available). The map will show locations and types of
facilities, and will include supplementary information such as locations of parks, schools, transit routes and
other key generators of bicycling and walking trips.
Road suitability analysis maps as well as trip generator analysis maps will also be produced, which assist in the
determination of future network recommendations.
Task 1.7 Sidewalk Inventory
CAMPO staff will provide an inventory of existing sidewalks within the study area, including locations of
continuous existing sidewalks in good or suitable condition, locations of deteriorating sidewalks or major
sidewalk gaps, and completeness of the sidewalk on one or both sides of the street as generalized on a per-block
basis.
Task 1.8 WORKSHOP 1: Envisioning the Future
The Crafton Tull Team will conduct a three-day workshop with the steering committee, stakeholders, and the
public to confirm previous public engagement outcomes as well as identify new goals and strategies that will be
carried forward through the CAMPO Active Transportation Plan. The Crafton Tull Team will be responsible for
developing meeting materials, handouts and presentations. The Client will be responsible for arranging the
meeting venue and logistics, as well as distributing meeting notifications.
• Client and Consultant Site Tour
The Crafton Tull Team will participate in a half day site tour with CAMPO staff to visit key locations
within the study area. These may include recent infrastructure projects, areas of concern, key
destinations within the community, major connectivity barriers, and/or areas of high pedestrian or
bicycle use. CAMPO staff will be responsible for organizing this overview.
• Steering Committee Meeting 1: Vision & Goals
The Crafton Tull Team will conduct a visioning session with the Project Steering Committee to define the
overall vision and goals for bicycling and walking in the CAMPO region, including existing and desired
routes for active transportation and important destinations within the community. During this
discussion, the Steering Committee will help the Consultant understand the City’s transportation policy,
land use policy, development patterns, existing programs and other factors that will contribute to a high
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quality bicycle and pedestrian environment in the community. Crafton Tull will develop the draft vision
and goals statement based on this discussion.
• Stakeholder Group Meetings
The Crafton Tull Team will conduct six stakeholder group meetings over a period of one morning and
one afternoon to discuss opportunities and barriers to walking and cycling, efforts to build a culture of
walking and bicycling, existing efforts underway that affect the active transportation network, and
desired outcomes of the project as well as the network. It is anticipated that these groups will include:
• Healthcare
• Education
• Public Safety
• Chamber/CVB and Business Owners
• Bicycle/Pedestrian Advocates and Transit Providers
• Elected Officials & Government Staff
• Public Meeting 1
The first Public Meeting will be used to gather insight from the general public and interested
stakeholders. The meeting will have the following objectives:
• Provide an overview to the benefits of providing a culture for active transportation
• Provide input into the vision/goals for walkability, bikeability, and trails in the community, including
those identified in previous planning efforts
• Solicit input on issues and concerns regarding pedestrian access, bicycle connectivity, and safety
throughout the City
• Offer an opportunity for participants to document bicycle and pedestrian issues they are aware of in
their community or routes they currently travel or would like to travel
• Discuss important current and future destinations in the community
Task 1 Deliverables:
• Kick-off meeting materials
• Draft Vision and Goals for the project
• Existing Facilities map(s)
• Public Meeting 1 maps, graphics, presentation, and outcomes
TASK 2: PRELIMINARY NETWORK, CONDITIONS ASSESSMENT, AND RECOMMENDATIONS
This task includes an assessment of existing infrastructure, as well as plan to establish a baseline for active
transportation across the study area considering both on-street facilities, sidewalks, and paved trails.
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Task 2.1 Develop Study Network
Crafton Tull will define a preliminary network for field assessment based upon the analysis and input received in
Task 1. The Consultant will identify critical gaps in the community bicycle and pedestrian network. This analysis
will include:
• locations where bike and pedestrian facilities end prior to key destinations, or do not sufficiently
connect to other facilities (such as trail entrances)
• relevant locations in the study area that are not currently served by the pedestrian and bicycle network,
• existing pedestrian and bicycle locations where a significant safety issue exists,
• major barriers to bicycle and pedestrian travel, such as wide arterial streets, rail lines, water bodies, etc.
Task 2.2 Assess Study Network
Crafton Tull will evaluate the route network to define barriers and opportunities as well as general connectivity
issues throughout the study area. The Consultant will assess connectivity in the proposed network through
detailed field assessments and documentation. Crafton Tull will develop specific recommendations to create an
active transportation network.
The Project Team will incorporate the findings from the field work into a project database. Maps will be
developed illustrating recommended facility types.
Task 2.3 Preliminary Active Transportation Network Development
Based on the information gathered in previous task, field work, and review of relevant local and regional plans,
Crafton Tull will develop recommendations for the active transportation network. These recommendations will
consist of the following:
• key linkages for bicycle and pedestrian connectivity,
• major bicycle and pedestrian facilities (including paved off road trails, greenways, etc.),
• any other facilities that have been determined to be of significance
• specific facility type recommendations for each proposed route
• general intersection treatments necessary to accommodate the active transportation network
Task 2.4 Client Review of Preliminary Network
The Crafton Tull Team will conduct a virtual meeting with the Client to review the preliminary network.
Task 2.5 Workshop 2: The Path Forward
The Crafton Tull Team will conduct a second workshop to present the preliminary active transportation network
and gather feedback, and conduct walk audits with the steering committee and stakeholders to evaluate
walkability in key areas of the CAMPO region.
The Crafton Tull Team will be responsible for developing meeting materials, handouts and presentations. The
Client will be responsible for arranging the meeting venue and logistics, as well as distributing meeting
notifications.
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• Steering Committee Meeting
The Steering Committee will meet to review Network Recommendations as well as Case Study
alternatives and provide input for developing prioritization criteria and action steps.
• Walk Audits
The Crafton Tull Team will conduct a series of three interactive walk audits (one in conjunction with the
steering committee, one with stakeholders, and one with elected officials) to develop placemaking
concepts and solutions for circulation (vehicular, pedestrian and bicycle), parking, universal access, low
impact development concepts, wayfinding, beautification, and community character improvement. A
brief summary of the walk audits will be prepared that includes a list of opportunities and constraints
identified at the event.
• Public Meeting 2
The second meeting will be used to share the preliminary active transportation network. The meeting
will have the following objectives:
• Discuss best practices in facility type selection, design, and application and how these practices are
applied within the CAMPO study area
• Educate local citizens and stakeholder groups about successful solutions to common pedestrian and
bicycle deficiencies
• Share information discovered during analysis and field assessments, and discuss bicycle and
pedestrian concepts for a communitywide network
• Present the draft active transportation network for public feedback
Task 2 Deliverables:
• Study network map
• Field assessment of critical connections in the study area
• Map(s) of draft network and associated databases
• Summary of the draft network
• Steering Committee meeting materials
• Walkshop summary
• Public Meeting 2 maps, graphics, and presentation
TASK 3: PRIORITIZATION AND IMPLEMENTATION PLAN
Crafton Tull will develop an implementation plan that identifies short-, medium- and long-term projects, as well
as a methodology for project prioritization, and general opinions of probable cost.
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Task 3.1 Preliminary Estimates of Probable Cost (Planning-level)
Crafton Tull will develop a spreadsheet-based cost estimate to determine planning level costs for various
improvements (i.e. cost per foot of sidewalk). Total project estimates will not be provided, as bike & pedestrian
components are often only one part of an overall infrastructure project (i.e. a roadway design project that
include bike lanes but costs for road design options may vary). This task is intended to provide a comparison of
order of magnitude costs for specific routes or route segments.
Task 3.2 Project Prioritization Methodology
Crafton Tull will create a list of prioritized projects based on need, cost, ease of implementation, completing
network gaps, and other community-specific goals, as prioritized by the steering committee. The Consultant will
work with Client to develop criteria that will be used to determine project priority. Factors that could be
considered for prioritizing projects may include:
• Project feasibility/ease of implementation
• Relative planning-level costs
• Safety
• Completing gaps within the active transportation network
• Potential to improve access in areas with high user volumes and other key activity locations
• Public support (improvements suggested by citizens in the public meetings, Client input, and Steering
Committee discussions)
• Opportunities to provide facilities as a part of previously planned or upcoming projects (repaving and
reconstruction projects)
• Other priorities as identified during the public input process
Task 3.3 Implementation Strategy
The pedestrian and bicycle recommendations from Task 2 will be scored and prioritized into short-,
intermediate-, and long-term projects based on the prioritization methodology established in Task 3.2. Projects
will be phased, and potential funding sources will be outlined. This approach provides guidance for sequenced
project rollout, while allowing flexibility to adapt as implementation opportunities arise. This strategy will
include the regional list as well as a map and project list for each community in the study area.
Task 3.4 Policy Development and Code Reform Recommendations
The Crafton Tull Team will provide recommendations on municipal policies and code regarding sidewalk,
greenway, and other active transportation modes, including development triggered construction requirements.
Policy and program recommendations will also be provided that encourage the use of walking, biking, and
transit as viable modes of transportation. These may include, but are not limited to, complete streets as well as
bicycle and pedestrian accommodation policies for last-mile connectivity.
Task 3.5 Virtual Client and Steering Committee Review (see Additional Services for a third in-person workshop)
The Crafton Tull Team will conduct virtual meetings with staff and the Steering Committee to review project
prioritization, implementation strategies, as well as code and policy recommendations.
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Task 3 Deliverables:
• Project cost estimating tool for unit prices
• Project prioritization
• Implementation strategies
• Steering Committee meeting materials
• Public Meeting 3 maps, graphics, and presentation
TASK 4: MASTER PLAN DOCUMENTATION
The Crafton Tull Team will prepare draft and final versions of the CAMPO Active Transportation report. The final
report for the project will pull together the findings and public input generated in Tasks 1 through 3.
Task 4.1 Draft Report Development
The Draft Active Transportation Plan document will include written sections as well as maps that show the
locations of proposed projects. It will outline outcomes and recommendations from each of the tasks listed
above, and will include data on safety, accessibility, and efforts to increase use. The report will be illustrated
with graphic maps, photographs, charts and drawings as needed to support the text. It is anticipated that a local
map and project list for each community will be provided as part of the document.
Task 4.2 Client Review
The Draft Report will be made available for Client and Steering Committee review. If desired, a virtual meeting
will be held to review the plan document.
Task 4.3 Public Comment
The CAMPO Active Transportation Plan will be available for public comment. CAMPO staff will review comments
and indicate what sentiments should be reflected in the final plan.
Task 4.4 Final Report Development
Upon approval of the draft by the Client and Steering Committee, including comments from the public as
directed by CAMPO staff, the Crafton Tull Team will revise the draft document per such comments and prepare
a Final Report.
Task 4.5 Virtual Presentation to the CAMPO Board of Directors (Adoption Hearing)
Once the final plan has been completed, the Crafton Tull Team will prepare and deliver a virtual presentation for
the CAMPO Board of Directors, City of Jefferson City Council, and Holt’s Summit City Council for plan adoption.
The presentation will incorporate major themes, key highlights and summarize plan recommendations.
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Task 4.6 Local Jurisdiction Adoption
CAMPO staff will complete the Active Transportation Plan process by presenting the document to local
jurisdictions for adoption.
Task 4 Deliverables:
• Draft plan report with network maps (digital copies)
• Final plan report and executive summary (digital copies and 10 printed copies)
• Adoption presentation materials
ADDITIONAL SERVICES
The following tasks can be provided as additional services for the fees indicated.
Task 3.5 Workshop 3: Building Success – IN PERSON (Additional $5,000)
The Crafton Tull Team will conduct the third and final workshop to review the active transportation plan
recommendations.
The Crafton Tull Team will be responsible for developing meeting materials, handouts and presentations. The
Client will be responsible for arranging the meeting venue and logistics, as well as distributing meeting
notifications.
• Steering Committee Meeting
The Steering Committee will meet to review project prioritization and implementation strategies.
• Public Meeting 3
This final public meeting will be used to garner feedback on the active transportation network and its
affiliated implementation strategies and phasing.
NOTE: No construction plans or details are included in this contract. Construction documents can be provided
as an Additional Service or as part of a separate contract. Boundary and topographic surveys may be
completed as an additional service if adequate information is unavailable.
Should there be additions to this scope of services, those services shall be compensated for additional fee.
Effective January 1, 2022
Hourly Hourly
Category Rate Category Rate
ARCHITECTURE LANDSCAPE ARCHITECTURE
VICE PRESIDENT OF ARCHITECTURE ……………..185$ SR. LANDSCAPE ARCHITECT ………………………………..145$
DIRECTOR OF ARCHITECTURE ……………………….175$ PROJECT LANDSCAPE ARCHITECT ……………………..110$
SR. PROJECT MANAGER ……………………………….160$ LANDSCAPE ARCHITECT INTERN II ……………………….85$
PROJECT MANAGER ………………………………………150$ LANDSCAPE ARCHITECT INTERN I ……………………….75$
SR. PROJECT ARCHITECT ……………………………….140$ LANDSCAPE ARCHITECTURE DESIGNER ………………………..80$
PROJECT ARCHITECT …………………………………130$ PLANNING
INTERN ARCHITECT III …………………………………..100$ PLANNING MANAGER …………………………………..170$
INTERN ARCHITECT II ………………………………………90$ SR. PLANNER ………………………………………………..155$
INTERN ARCHITECT I ………………………………………..80$ PROJECT PLANNER …………………………………….120$
SR. DESIGNER …………………………………………………….120$ PLANNER II …………………………………………………..100$
DESIGNER III …………………………………………………105$ PLANNER I ………...……………………………………………..85$
DESIGNER II ……………………………………………..85$ INSPECTION
DESIGNER I ……………………………………………….75$ SR. INSPECTOR …………………………………………..110$
BIM COORDINATOR III …………………………………..70$ INSPECTOR II …………………………………………………….95$
BIM COORDINATOR II ………………………………………55$ INSPECTOR I ………………………………………………….65$
BIM COORDINATOR I …………………………………….45$ SURVEYING
CIVIL ENGINEERING PROFESSIONAL SURVEYOR PRINCIPAL ……………………………190$
ENGINEERING PRINCIPAL ……………………………..210$ SR. PROFESSIONAL SURVEYOR ……………………………150$
SR. ENGINEERING MANAGER …………………………195$ PROFESSIONAL SURVEYOR ………………………….120$
ENGINEERING MANAGER ………………………………..175$ SURVEY PROJECT MANAGER ………………………..115$
SR. PROJECT ENGINEER ……………………………….155$ SURVEY COORDINATOR ……………………………………95$
PROJECT ENGINEER …………………………………….130$ SURVEYOR INTERN ………………………………………..85$
ENGINEER INTERN III ……………………………………..120$ SURVEY PARTY CHIEF II …………………………………………..85$
ENGINEER INTERN II ……………………………………..110$ SURVEY PARTY CHIEF I …………………………………………..75$
ENGINEER INTERN I ……………………………………….100$ SURVEY TECHNICIAN III …………………………………..65$
SR. ENGINEERING DESIGNER …………………………..140$ SURVEY TECHNICIAN II ……………………………………..55$
ENGINEERING DESIGNER III …………………………….110$ SURVEY TECHNICIAN I ……………………………………..45$
ENGINEERING DESIGNER II ……………………………..90$ GEOGRAPHIC INFORMATION SYSTEMS
ENGINEERING DESIGNER I ………………………………80$ GIS MANAGER ………………………………………………..110$
ENGINEERING CAD TECHNICIAN III ………………………..75$ GIS ANALYST …………………...……………………………..90$
ENGINEERING CAD TECHNICIAN II ……………………..65$ GIS TECHNICIAN II ………………………………………………65$
ENGINEERING CAD TECHNICIAN I ………………………50$ GIS TECHNICIAN I ……………………………………………50$
ENVIRONMENTAL REIMBURSABLE EXPENSES
ENVIRONMENTAL MANAGER ……………………….185$ GPS Equipment………...….....….………..…....$35/Hour
SR. ENVIRONMENTAL SCIENTIST ……………………….145$ Robotic Survey Equipment…….………........…$20/Hour
PROJECT ENVIRONMENTAL SCIENTIST …………120$ LiDAR Scanning Equipment ……………….…..$35/Hour
ENVIRONMENTAL SCIENTIST II ……………………….100$ UAV …………………………………….………$1000/Unit
ENVIRONMENTAL SCIENTIST I ……………………….80$ Job Related Mileage……….....................……$0.58/Mile
ADMINISTRATIVE Per Diem for Out of Town Crews…..Per GSA Allowable
ADMINISTRATIVE PRINCIPAL ……………………………….185$ Airfare and other travel related expenses……….At Cost
ADMINISTRATIVE MANAGER ………………………………..145$ Black and white 8.5"x11" Copies ….…....... $0.15/sheet
ADMINISTRATIVE IV ………………………………………..100$ Color 8.5"x11" Copies …….…….…...….…. $1.50/sheet
ADMINISTRATIVE III …………………………………………..80$ Photo Paper Color Plan Sheet Copies …... $0.75/sq. ft.
ADMINISTRATIVE II …………………………………………..55$ Reproducible Plan Copies (Vellum) …........ $1.50/sq. ft
ADMINISTRATIVE I …………………………………………….45$ Reproducible Plan Copies (Bond) …......…. $0.35/sq. ft.
All rates are subject to change without notice.
Exhibit "B"
Standard Hourly Rate Schedule
EXHIBIT C PROJECT SCHEDULE
CAMPO Active Transportation Plan
C-1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Task 1 Kickoff, Existing Facilities, Visioning, Coordination
1.1 Virtual Kickoff Meeting
1.2 Ongoing Coordination
1.3 Public Engagement Plan
1.4 Previous Plans Review & Assessment
1.5 Data Collection & Base Mapping
1.6 Existing Facilities & Existing Conditions Analysis
1.7 Sidewalk Inventory (by CAMPO)
1.8 Workshop 1:Site Tour, Steering Committee Meeting, (6)
Stakeholder Group Meetings, Public Meeting WS 1
Task 2 Preliminary Network, Assessment, Recommendations
2.1 Develop Study Network
2.2 Assess Study Network
2.3 Preliminary Network Development
2.4 Client Review
2.5 Workshop 2: Steering Committee, Walk Audits, Public Meeting 2 WS 2
Task 3 Prioritization & Implementation Plan
3.1 Preliminary Estimates of Probable Cost
3.2 Project Prioritization
3.3 Implementation Strategy
3.4 Policy Development & Code Reform Recommendations
3.5 Virtual Client & Steering Committee Review
Task 4 Master Plan Documentation
4.1 Draft Report Development
4.2 Client Review
4.3 Public Comment
4.4 Final Report Development
4.5 Virtual Adoption Hearings (CAMPO, City of Jefferson, City of
Holt's Summit
4.6 Other Local Jurisdiction Adoption (by CAMPO)
Months from Notice to Proceed
Exhibit D – Federal Terms and Conditions
No Government Obligation to Third Parties –
(1) The City and contractor acknowledge and agree that, notwithstanding any concurrence by the US
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the US Government, the US Government is not a party to this contract and shall not be subject to
any obligations or liabilities to the City, the contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
(2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with
FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor
who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts –
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply
to its actions pertaining to this project. Upon execution of the underlying contract, the contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be
made, pertaining to the underlying contract or FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the
US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986)
on the contractor to the extent the US Government deems appropriate.
(2) If the contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal,
or certification to the US Government under a contract connected with a project that is financed in whole or
in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to
impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on the contractor, to the extent the US
Government deems appropriate.
(3) The contractor shall include the above two clauses in each subcontract financed in whole or in part with
FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
Access to Records and Reports – The following access to records requirements apply to this contract:
1. Where the City is not a State but a local government and is an FTA recipient or a subgrantee of FTA
recipient in accordance with 49 CFR 18.36(i), the contractor shall provide the City, the FTA, the US
Comptroller General or their authorized representatives access to any books, documents, papers and
contractor records which are pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. The contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA
representatives, including any PMO contractor, access to the contractor's records and construction sites
pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the
programs described at 49 USC 5307, 5309 or 5311.
2. Where a City which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC
5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)(1)) through
other than competitive bidding, the contractor shall make available records related to the contract to the City,
the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of
them for the purposes of conducting an audit and inspection.
3. The contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
4. The contractor shall maintain all books, records, accounts and reports required under this contract for a
period of not less than three (3) years after the date of termination or expiration of this contract, except in the
event of litigation or settlement of claims arising from the performance of this contract, in which case
contractor agrees to maintain same until the City, FTA Administrator, US Comptroller General, or any of
their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Re: 49 CFR 18.39(i)(11).
Federal Changes – The contractor shall comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Master Agreement
between the City and FTA, as they may be amended or promulgated from time to time during the term of the
contract. The contractor's failure to comply shall constitute a material breach of the contract.
Civil Rights Requirement – Use this one. The one below is the wording from FTA and it is very long and
confusing to figure out what actually applies to a contractor.
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and federal transit law at 49 U.S.C. § 5332, the
contractor agrees that it will not discriminate against any employee or applicant for employment because of
race, color, creed, national origin, sex, age, or disability. In addition, the contractor agrees to comply with
applicable federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e, and federal transit laws at 49 U.S.C. § 5332, the contractor agrees to
comply with all applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 CFR Parts 60 et seq., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and
with any applicable federal statutes, executive orders, regulations, and federal policies that may in
the future affect construction activities undertaken in the course of the Project. The contractor agrees
to take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, national origin, sex, or age. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the contractor agrees
to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and federal transit law at 49 U.S.C. § 5332, the contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In addition,
the contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of
persons with disabilities. In addition, the contractor agrees to comply with any implementing
requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed in whole or in part
with federal assistance provided by FTA, modified only if necessary to identify the affected parties.
Termination –
a. Termination for Convenience (General Provision) the City may terminate this contract, in whole or in part,
at any time by written notice to contractor when it is in the City's best interest. The contractor shall be paid
its costs, including contract close-out costs, and profit on work performed up to the time of termination. The
contractor shall promptly submit its termination claim to the City. If the contractor is in possession of any of
the City’s property, the contractor shall account for same, and dispose of it as the City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the contractor does not deliver items in
accordance with the contract delivery schedule, or, if the contract is for services, and the contractor fails to
perform in the manner called for in the contract, or if the contractor fails to comply with any other provisions
of the contract, the City may terminate this contract for default. Termination shall be affected by serving a
notice of termination to the contractor setting forth the manner in which contractor is in default. The
contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed
in accordance with the manner of performance set forth in the contract.
If it is later determined by the City that contractor had an excusable reason for not performing, such as a
strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the City, after
setting up a new delivery or performance schedule, may allow the contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure (General Provision) the City in its sole discretion may, in the case of a termination for
breach or default, allow the contractor an appropriately short period of time in which to cure the defect. In
such case, the notice of termination shall state the time period in which cure is permitted and other
appropriate conditions.
If the contractor fails to remedy to the City's satisfaction, the breach or default or any of the terms, covenants,
or conditions of this contract within ten (10) days after receipt by the contractor or written notice from the
City setting forth the nature of said breach or default, the City shall have the right to terminate the contract
without any further obligation to the contractor. Any such termination for default shall not in any way
operate to preclude the City from also pursuing all available remedies against contractor and its sureties for
said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach
by contractor of any covenant, term or condition of this contract, such waiver by the City shall not limit its
remedies for any succeeding breach of that or of any other term, covenant, or condition of this contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice, may
terminate this contract, in whole or in part, when it is in the City’s interest. If the contract is terminated, the
City shall be liable only for payment under the payment provisions of this contract for services rendered
before the effective date of termination.
f. Termination for Default (Supplies and Service) If the contractor fails to deliver supplies or to perform the
services within the time specified in this contract or any extension or if the contractor fails to comply with
any other provisions of this contract, the City may terminate this contract for default. The City shall
terminate by delivering to contractor a notice of termination specifying the nature of default. The contractor
shall only be paid the contract price for supplies delivered and accepted, or services performed in accordance
with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the contractor was not in
default, the rights and obligations of the parties shall be the same as if termination had been issued for the
City’s convenience.
g. Termination for Default (Transportation Services) If the contractor fails to pick up the commodities or to
perform the services, including delivery services, within the time specified in this contract or any extension
or if the contractor fails to comply with any other provisions of this contract, the City may terminate this
contract for default. The City shall terminate by delivering to the contractor a notice of termination
specifying the nature of default. The contractor shall only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract.
If this contract is terminated while the contractor has possession of the City’s goods, the contractor shall, as
directed by the City, protect and preserve the goods until surrendered to the City or its agent. The contractor
and the City shall agree on payment for the preservation and protection of goods. Failure to agree on an
amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill contract
obligations, it is determined that the contractor was not in default, the rights and obligations of the parties
shall be the same as if termination had been issued for the City’s convenience.
h. Termination for Default (Construction) If the contractor refuses or fails to prosecute the work or any
separable part, with the diligence that will insure its completion within the time specified, or any extension,
or fails to complete the work within this time, or if the contractor fails to comply with any other provisions of
this contract, the City may terminate this contract for default. The City shall terminate by delivering to
contractor a notice of termination specifying the nature of default. In this event, the City may take over the
work and compete it by contract or otherwise, and may take possession of and use any materials, appliances,
and plant on the work site necessary for completing the work. The contractor and its sureties shall be liable
for any damage to the City resulting from the contractor's refusal or failure to complete the work within
specified time, whether or not the contractor's right to proceed with the work is terminated. This liability
includes any increased costs incurred by the City in completing the work.
The contractor's right to proceed shall not be terminated nor shall the contractor be charged with damages
under this clause if:
1. Delay in completing the work arises from unforeseeable causes beyond the control and without the
fault or negligence of the contractor. Examples of such causes include: acts of God, acts of the City,
acts of another contractor in the performance of a contract with the City, epidemics, quarantine
restrictions, strikes, freight embargoes; and
2. Contractor, within 10 days from the beginning of any delay, notifies the City in writing of the
causes of delay. If in the City’s judgment, delay is excusable, the time for completing the work shall
be extended. The City’s judgment shall be final and conclusive on the parties, but subject to appeal
under the Disputes clauses.
If, after termination of the contractor's right to proceed, it is determined that the contractor was not in default,
or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had
been issued for the City’s convenience.
i. Termination for Convenience or Default (Architect & Engineering) The City may terminate this contract in
whole or in part, for the City's convenience or because of the contractor’s failure to fulfill contract
obligations. The City shall terminate by delivering to the contractor a notice of termination specifying the
nature, extent, and effective date of termination. Upon receipt of the notice, the contractor shall (1)
immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City
all data, drawings, specifications, reports, estimates, summaries, and other information and materials
accumulated in performing this contract, whether completed or in process. If termination is for the City’s
convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services. If termination is for the contractor’s failure to fulfill contract obligations, the City
may complete the work by contact or otherwise and the contractor shall be liable for any additional cost
incurred by the City.
If, after termination for failure to fulfill contract obligations, it is determined that the contractor was not in
default, the rights and obligations of the parties shall be the same as if termination had been issued for the
City’s convenience.
j. Termination for Convenience or Default (Cost-Type Contracts) The City may terminate this contract, or
any portion of it, by serving a notice or termination on the contractor. The notice shall state whether
termination is for convenience of the City or for default of the contractor. If termination is for default, the
notice shall state the manner in which the contractor has failed to perform the requirements of the contract.
The contractor shall account for any property in its possession paid for from funds received from the City, or
property supplied to the contractor by the City. If termination is for default, the City may fix the fee, if the
contract provides for a fee, to be paid to the contractor in proportion to the value, if any, of work performed
up to the time of termination. The contractor shall promptly submit its termination claim to the City and the
parties shall negotiate the termination settlement to be paid to the contractor. If termination is for the City’s
convenience, contractor shall be paid its contract close-out costs, and a fee, if the contract provided for
payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the City determines that the contractor has an excusable
reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the
control of the contractor, the City, after setting up a new work schedule, may allow the contractor to continue
work, or treat the termination as a termination for convenience.
Disadvantaged Business Enterprise (DBE) –
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The
national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City’s overall goal
for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been
established for this procurement, it is listed elsewhere.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy as the municipal
corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).
c. Since no separate contract goal has been established, the contractor will be required to report its DBE
participation obtained through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor’s receipt of payment for that work from
the City. In addition, the contractor may not hold retainage from its subcontractors or must return any
retainage payments to those subcontractors within 30 days after the subcontractor's work related to this
contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor’s work by the City and contractor’s receipt of the
partial retainage payment related to the subcontractor’s work.
e. The contractor must promptly notify the City whenever a DBE subcontractor performing work related to
this contract is terminated or fails to complete its work, and must make good faith efforts to engage another
DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate without prior written
consent of the City.
Incorporation of Federal Transit Administration (FTA) Terms – All USDOT-required contractual
provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict
with other provisions contained in this contract. The contractor shall not perform any act, fail to perform any
act, or refuse to comply with any request that would cause the City to be in violation of FTA terms and
conditions.
Government-wide Debarment and Suspension (Nonprocurement) – The City agrees to comply with the
requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2
C.F.R. part 1200, which includes the following: (a) It will not enter into any arrangement to participate in the
development or implementation of contracts with any contractor that is debarred or suspended except as
authorized by: 1 U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, 2
U.S. OMB, “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2
C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689,
“Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA “System for Award
Management,” https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200.
The contractor also will comply with federal debarment and suspension requirements when hiring
subcontractors, and will review the “System for Award Management” at https://www.sam.gov, if necessary,
to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (2).
Energy Conservation – The contractor shall comply with mandatory standards and policies relating to
energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy &
Conservation Act.
Access Requirements for Persons with Disabilities – The contractor shall comply with 49 USC 5301(d),
stating federal policy that the elderly and persons with disabilities have the same rights as other persons to
use mass transportation services and facilities and that special efforts shall be made in planning and
designing those services and facilities to implement that policy. The contractor shall also comply with all
applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which
prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA),
as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to
persons with disabilities, including any subsequent amendments thereto.
Prompt Payment – The prime contractor agrees to pay each subcontractor under this prime contract for
satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime
contract receives from the City. The prime contractor agrees further to return retainage payments to each
subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good cause following
written approval of the City. This clause applies to both DBE and non-DBE subcontracts.
AFFIDAVIT
The State of Arkansas )
) S.S.
County of Benton )
I, Robert M. Crafton, President & CEO of Crafton, Tull & Associates, Inc. of Rogers, Arkansas,
MAKE OATH AND SAY THAT:
1 . Crafton, Tull & Associates, Inc. participates in E-Verify, the federal program for electronic
verification of employment eligibility.
2. Crafton, Tull & Associates, Inc. does not knowingly employ any person who IS an
unauthorized alien.
STATE OF ARKANSAS
COUNTY OF BENTON
SUBSCRIBED AND SWORN TO BEFORE ME, on
the 21 st day of April 2022.
Signature l1 vd{t~ W\D k.._ (Seal)
NOTARYPUBLIC I ~
My Commission expires: --"-!+-f ..... 3~!-IL~5_,0"--------7 I
CYNTHIA MURPHY
BENTON COUNlY
NOTARY PUBUC-ARKANSAS
My Commission Expires January 31, 2030
Commission No. 12374387