HomeMy WebLinkAbout234-25 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 234-25
File Number: 2025-1705
A RESOLUTION TO APPROVE TASK ORDER NO. 18 WITH MICHAEL BAKER INTERNATIONAL, INC.
IN THE AMOUNT OF $97,850.00 FOR EVALUATION OF ALTERNATIVES FOR IMPROVEMENTS TO
THE STEPHEN CARR MEMORIAL BOULEVARD/INTERSTATE 49 INTERCHANGE, AND TO
APPROVE A BUDGET ADJUSTMENT
WHEREAS, on December 4, 2024, City Council approved Resolution 291-24 authorizing an Agreement of
Understanding with the Arkansas Department of Transportation (ARDOT) to design and construct improvements to the
Stephen Carr Memorial Boulevard/Interstate 49 interchange, as well as improvements to the northbound on- and off-
ramps; and
WHEREAS, on May 22, 2024, the Northwest Arkansas Regional Planning Commission approved funding of the
design and environmental phases for $650,000.00 (80%) from federal STBGP-A funds, but the City must provide a
20% local match of $162,500.00 for a total of $812,500.00; and
WHEREAS, the Local Programs Division of ARDOT recently authorized the use of on-call consultants to streamline
the project development process and the City has requested a consultant to evaluate alternatives for these interchange
improvements which include a roundabout, signalization, and ramp widening; and
WHEREAS, ARDOT chose Michael Baker International, Inc. from its list of approved consultants and has created
Task Order No. 18 for approval by the City with a fee of $97,850 for the evaluation phase, 80% of which will be paid
with federal STBCP-A funds; and
WHEREAS, a budget adjustment is needed to recognize the federal STBGP-A funds and the city’s match, which will
be used for this evaluation phase and future design phases.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign Task
Order No. 18 with Michael Baker International, Inc. in the total amount of $97,850 for evaluation of alternatives for
improvements to the Stephen Carr Memorial Boulevard/Interstate 49 interchange and the northbound on- and off-ramps
for Interstate 49.
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, recognizing federal aid funding in the amount of $650,000.00 and the City’s 20%
match of $162,500.00.
Resolution: 234-25
File Number: 2025-1705
Page 2
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
PASSED and APPROVED on October 21, 2025
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1705
MEETING OF OCTOBER 21, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
FROM: Paul Libertini, Staff Engineer
SUBJECT: I-49/ Stephen Carr Memorial Blvd. Interchange Improvements
On-Call Services Documents for Approval
RECOMMENDATION:
Staff recommends that the City Council authorize the Mayor to sign the necessary documents provided by the
Arkansas Department of Transportation (ARDOT) to issue Task Order No. 018 to Michael Baker International,
Inc. for evaluation of alternatives for improvements to the intersection of Stephen Carr Memorial Boulevard and
the northbound on/off-ramps for Interstate 49 and approve a Budget Adjustment in the amount of $812,500 to
recognize 80% federal aid funding of $650,000 and the required 20% local match of $162,500.
BACKGROUND:
In 2012, the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) designated
the Fayetteville-Springdale-Rogers, AR-MO urbanized area as a Transportation Management Area (TMA).
This TMA designation provides Surface Transportation Block Grant Program – Attributable (STBGP-A) funds
to the Northwest Arkansas Regional Planning Commission (NWARPC) based on the 2010 Census Urbanized
Area population of 295,083. The Urban Area continues to grow significantly to a recorded 373,687 population
in the 2020 Census. In becoming a TMA, the Northwest Arkansas Regional Planning Commission, of which
Fayetteville is a member, will have STBGP-A discretionary funding available at approximately $12,000,000 per
year. Under current legislation, these STBGP-A funds can be utilized for all permitted transportation projects
at the discretion of the TMA Policy Committee.
An application for federal funding of the I-49/Stephen Carr Memorial Blvd. Interchange Improvements Project
was submitted to and selected by the Northwest Arkansas Regional Planning Commission (NWARPC). On
May 22, 2024, the NWARPC approved funding of the design and environmental phases for $650,000 (80%)
from STBGP-A funds, but the City must provide a 20% local match of $162,500 for a total of $812,500. Other
project phases such as right of way, utilities and construction will be submitted for future year's available
STBGP-A funding.
On December 4, 2024, City Council approved Resolution 291-24 authorizing the Mayor to sign the Agreement
Of Understanding (AOU) with ARDOT to design and construct this project. The AOU was fully executed on
January 29, 2025.
A Professional Services Selection Committee meeting was held by the Purchasing Division on September 25,
2025 (RFQ 25-01, Selection #16). Three consultants were considered for this project with Michael Baker
International, Inc. receiving the highest score. On September 30th, staff recommended Michael Baker
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
International, Inc. as our consultant of choice for this project to the Transportation Committee who concurred
with the recommendation.
DISCUSSION:
The Local Programs Division of ARDOT has recently established On-Call Consultants for use by Cities in order
to streamline the project development process. The City requested an On-Call Consultant to evaluate
alternatives for this interchange improvement which include a roundabout, signalization, and ramp widening.
ARDOT has selected Michael Baker International, Inc. from their list of approved consultants and has created
Task Order No. 018 for approval by the City. This Task Order is for the study/alternatives phase only with a fee
of $97,850. Once this phase is complete and an alternative has been selected by the City, then the project will
enter into the design phase which will be presented to the City Council at a future date for approval.
The budget adjustment attached in the amount of $812,500 recognizes the full federal grant amount of
$650,000 (80% of the total) and the required 20% local match of $162,500. Future design phases will be paid
from this budget.
BUDGET/STAFF IMPACT:
This project is based on an Agreement of Understanding with ARDOT in which Federal-aid money will pay
80% of the project amount and the City will pay the 20% match. Based on the Task Order fee of $97,850
for the study/alternatives phase, the Federal-aid portion will be $78,280 and the City’s match $19,570.
The Federal portion will be paid from the Surface Transportation Block Grant Program - Attributable
(STBGP-A) funds. City funds will be from the Bond Program Grant Matching fund.
Account # Project # Amount
4601.860.7218-5860.02 46020.7218.1040 $78,280.00
4702.860.7218-5860.02 46020.7218.1040 $19,570.00
TOTAL $97,850.00
ATTACHMENTS: 3. Staff Review Form, 4. Budget Adjustment, 5. NWARPC STBGP-A FFY2025 Fayetteville
Award Letter, 6. Res 291-24 Authorization to sign the Agreement of Understanding, 7. Email to Mayor from
ARDOT 8-20-25, 8. On-Call Task Order No. 018, 9. On-Call Master Agreement Addendum, 10. On-Call
Services Master Agreement, 11. Additional Information - AOU
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1705
A RESOLUTION TO APPROVE TASK ORDER NO. 18 WITH MICHAEL BAKER
INTERNATIONAL, INC. IN THE AMOUNT OF $97,850.00 FOR EVALUATION OF
ALTERNATIVES FOR IMPROVEMENTS TO THE STEPHEN CARR MEMORIAL
BOULEVARD/INTERSTATE 49 INTERCHANGE, AND TO APPROVE A BUDGET
ADJUSTMENT
WHEREAS, on December 4, 2024, City Council approved Resolution 291-24 authorizing an
Agreement of Understanding with the Arkansas Department of Transportation (ARDOT) to design and
construct improvements to the Stephen Carr Memorial Boulevard/Interstate 49 interchange, as well as
improvements to the northbound on- and off-ramps; and
WHEREAS, on May 22, 2024, the Northwest Arkansas Regional Planning Commission approved
funding of the design and environmental phases for $650,000.00 (80%) from federal STBGP-A funds,
but the City must provide a 20% local match of $162,500.00 for a total of $812,500.00; and
WHEREAS, the Local Programs Division of ARDOT recently authorized the use of on-call consultants
to streamline the project development process and the City has requested a consultant to evaluate
alternatives for these interchange improvements which include a roundabout, signalization, and ramp
widening; and
WHEREAS, ARDOT chose Michael Baker International, Inc. from its list of approved consultants and
has created Task Order No. 18 for approval by the City with a fee of $97,850 for the evaluation phase,
80% of which will be paid with federal STBCP-A funds; and
WHEREAS, a budget adjustment is needed to recognize the federal STBGP-A funds and the city’s
match, which will be used for this evaluation phase and future design phases.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to
sign Task Order No. 18 with Michael Baker International, Inc. in the total amount of $97,850 for
evaluation of alternatives for improvements to the Stephen Carr Memorial Boulevard/Interstate 49
interchange and the northbound on- and off-ramps for Interstate 49.
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, recognizing federal aid funding in the amount
of $650,000.00 and the City’s 20% match of $162,500.00.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #291-24
Approval Date:
Original Contract Number:
46020.7218.1040
Project Number
Budget Impact:
Streets Bond Projects - Midtown Corridor,
Midtown I49 Interchange
Fund
Bond Program Grant Matching
Street Projects Bonds
4601.860.7218-5860.02
4702.860.7218-5860.02
Account Number
Project Title
City of Fayetteville Staff Review Form
2025-1705
Item ID
10/21/2025
City Council Meeting Date - Agenda Item Only
Staff recommends that the City Council authorize the Mayor to sign the necessary documents provided by the
Arkansas Department of Transportation (ARDOT) to issue Task Order No. 018 to Michael Baker International, Inc. to
evaluate alternatives for the intersection of Stephen Carr Memorial Boulevard and the northbound on/off-ramps
for Interstate 49 and approve a Budget Adjustment in the amount of $812,500 to recognize federal funding of
$650,000 and the required 20% local match of $162,500.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Paul Libertini ENGINEERING (621)
Division / Department
9/23/2025
Submitted Date
Yes
973,585.83$
97,850.00$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
2,478,276.00$
1,504,690.17$
Yes
Yes 812,500.00$
1,688,235.83$
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division
/Org2 ENGINEERING (621)
Adjustment Number
2025 Requestor:Paul Libertini
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recognize $650,000 in FFY 2025 STBGP-A grant funds awarded by the Northwest Arkansas Regional Planning Commission
(NWARPC) and allocate $162,500 for the 20% City match.
COUNCIL DATE:10/7/2025
ITEM ID#:2025-1705
Holly Black
9/16/2025 12:46 PM
Budget Division Date
TYPE:D - (City Council)
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:/
v.2025826TOTAL650,000 650,000
Increase / (Decrease)Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X
4601.860.7218-4309.01 -650,000 46020 7218.1040 RE Federal Grants - Operational
4601.860.7218-5860.02 78,280 -46020 7218.1040 EX Capital Prof Svcs - Engineering/Architectural
4601.860.7218-5809.00 571,720 -46020 7218.1040 EX Improvements - Street
4702.860.7218-5860.02 19,570 -46020 7218.1040 EX Capital Prof Svcs - Engineering/Architectural
4702.860.7218-5809.00 142,930 -46020 7218.1040 EX Improvements - Street
4702.860.7999-5899.00 (162,500)-46020 7999 EX Unallocated - Budget
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1 of 1
NWA
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
Regional 1311 Clayton St., Springdale, Arkansas, 72762
Planning
Commission • (479) 751 7125 o Fax: (479) 7517150 • http://nwarpc.org
June 6, 2024
Mayor Lioneld Jordan
City of Fayetteville
113 W Mountain
Fayetteville, AR 72701
Re: Stephen Carr Memorial Dr / 1-49 Interchange Impvts. (Job No. TBD) — Design/Environmental
NWARPC FFY 2025 Surface Transportation Block Grant Program — Attributable (STBGP-A)
Total NWARPC Federal Funds Awarded to Project: $650,000
Dear Mayor Jordan:
I am pleased to inform you the Stephen Carr Memorial Dr / 1-49 Interchange Impvts. (Job No. TBD) was
selected by the Northwest Arkansas Regional Planning Commission on May 22, 2024, for Federal Fiscal
Year (FFY) 2025 NWARPC Surface Transportation Block Grant Program — Attributable (STBGP-A) funding.
The awarded FY2025 NWARPC STBGP-A funds and the required local match are shown below:
NWARPC STBGP-A $650,000 (80% Federal)
City Match $162,500 (20% Local Match)
Total $812,500
The NWARPC STBGP-A funding is subject to an obligation limitation and the total available funds may
change after final FFY 2025 funding is published by the Federal Highway Administration (FHWA).
These funds are required to be obligated by the end of the Federal Fiscal Year that ends on September 30,
2025. All required submittals to Arkansas Department of Transportation (ARDOT) and required approvals
for this project should be completed by August 15, 2025, to allow sufficient time to obligate the STBGP-A
funds for this project.
ARDOT administers the Local Public Agency (LPA) program, including oversight support for the federal -aid
project delivery and applicable provisions in Title 23, U.S.C., and processes reimbursement requests for
the NWARPC funding award. Please refer to the ARDOT Local Public Agency Project Manual for more
information. Required training for this program is being provided by ARDOT on Thursday, July 18, 2024,
from 9:00 am to 10:00 am at the NWARPC office. Please send the appropriate staff member(s).
Please let us know if you have any questions or need additional information regarding this program.
Sincerely,
Tim Conklin
Executive Director Cc: David Siskowski, ARDOT
Minghua Qiu Miller, ARDOT
Carlos Meredith, ARDOT
Ashley Smith, ARDOT
Sunny Farmahan, ARDOT
Anthony Hunter, ARDOT
Chris Brown, Fayetteville Public Works
Director/City Engineer
Paul Libertini, Fayetteville Staff Engineer
Matt Casey, Fayetteville Staff Engineer
File Number: 2024-748
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 291-24
I-49/STEPHEN CARR MEMORIAL BLVD (FEDERAL AID FUNDS):
A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAY ETTE VILLE TO UTILIZE
FEDERAL-AID SURFACE TRANSPORTATION BLOCK GRANT FUNDS IN THE AMOUNT OF $650,000.00
FOR THE DESIGN AND ENVIRONMENTAL PHASES OF THE I-49 /STEPHEN CARR MEMORIAL
BOU LEV ARD INTERCHANGE IMPROVEMENTS PROJECT, TO APPROVE A CITY MATCH IN THE
AMOUNT OF $162 ,500 .00 , AND TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT OF
UNDERSTANDING WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION AND THE
ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE PROJECT
WHEREAS, the City of Fayetteville understands Federal-aid Surface Transportation Block Grant Program-
Attributable funds are available at 80% federal participation and 20% local match to be used for the 1-49/Stephen Carr
Memorial Blvd. Interchange Improvements Project ; and
WHEREAS, the City of Fayetteville understands that Federal-Aid funds are available for this project on a
reimbursable basis , requiring work to be accomplished and proof of payment prior to actual monetary reimbursement ;
and
WHEREAS , this project, using federal funding , will be open and available for use by the general public and
maintained by the City of Fayetteville .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in
accordance with its designated responsibilities in this project, including maintenance of this project and providing local
matching funds in the amount of$ I 62 ,500.00 .
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all
appropriate applications , agreements, and contracts necessary to expedite the construction of the above stated project.
Section 3: That the City Council of the City of Fayetteville , Arkansas pledges its full support and hereby authorizes the
City of Fayetteville to cooperate with the Arkansas Department of Transportation to initiate action to implement this
project.
PASSED and APPROVED on December 4 , 2024
Page 1
Resolution: 291 -24
File Number: 2024-748
Approved: Attest:
Page2
Libertini, Paul
From:
Mayhan, Brandi A. <Brandi.Mayhan@ardot.gov>
Sent:
Wednesday, August 20, 2025 9:17 AM
To:
Mayor
Cc:
Libertini, Paul; Local Projects Administration; Davison, George W.; Meredith, Carlos A.;
Jackson, Jessica S.; Bledsoe, John R.; Moyer, Camille A.
Subject:
On -Call Local Federal Aid Projects (2025); Job No. 040966, Task Order No. 018 with the
City of Fayetteville & ARDOT
Attachments:
2025LP00-MBll.pdf; On-Call-LP-Addendum-MichaelBaker-City-of-Fayetteville.pdf;
040966-2025LP00-M BI I-T018.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
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.
Mayor Rawn,
ARDOT is prepared to move forward with the Task Order Agreement for the 1-49/Stephen Carr Memorial Blvd.
Interchange Improvements project as well as the Master Agreement Addendum between the City of Fayetteville and
Michael Baker International, Inc. For your review, I've attached the existing Master Agreement between ARDOT and
Michael Baker, the addendum incorporating the City of Fayetteville, and the task order agreement for 040966.
Contracts will be signed electronically through Doc Express. You should receive an invitation from InfoTech, the parent
company of Doc Express, to create your account. Please accept the invitation and complete your account setup. Once
registered, you'll have access to the City of Fayetteville's Doc Express drawer at the following link:
https://docexpress.com/drawers/226052.
After logging in, please click "Transition" on the right-hand side of the screen, select "Signed by Sponsor" from the drop -
down menu, check the confirmation box, and click "Save." Please note that both the addendum and task order
agreement will need to be signed. Doc Express will notify our office that the agreements have been electronically signed
and transitioned accordingly.
If you encounter any issues with accessing or using Doc Express, please don't hesitate to reach out.
Thank you,
Brandi Mayhan
Consultant Specialist - Consultant Contracts
Arkansas Department of Transportation
501.569.2104
rA "I
c7GT
PAGE 1 OF 2
ON-CALL SERVICES
LOCAL FEDERAL AID PROJECTS (2025-2028)
TASK ORDER NO. 018
JOB NO. 040966
I-49/STEPHEN CARR MEMORIAL BLVD. INTCHNG. IMPVTS. (FAYETTEVILLE) (S)
Date: (See DocExpress Document Signing History)
WHEREAS Michael Baker
International, Inc.
February 18, 2025; and
WHEREAS, the Master Agreement contemplates the issuance of Task Order Agreements involving the
WHEREAS, the Sponsor, City of Fayetteville, has agreed to the terms and conditions of the Master
Agreement through execution of the Addendum; and
WHEREAS, the services to be provided under this Task Order consist of Title I services, with additional
phases to be authorized by amendment as appropriate and as determined by mutual agreement;
NOW, THEREFORE, the parties agree as follows:
1.1.This Task Order shall be Cost-Plus-Fixed-Fee, in accordance with the terms of the Master
Agreement.
2.1.The Total Ceiling Price for this Task Order is $97,850.
2.2.The Title I Ceiling Price is $97,850.
2.3.The Fixed Fee is $10,216.
3.1.The most recently accepted indirect cost rate at the time of execution is for FY 2024.
3.2.The applicable indirect cost rate is 148.787%.
4.1.Attachment A Scope of Work
4.2.Attachment B Justification of Costs and Fees and Salary Schedule
4.3.Attachment C Project Schedule
ON-CALL LOCAL FEDERAL AID PROJECTS (2025-2028)
JOB 040966, TASK ORDER NO. 018
MICHAEL BAKER INTERNATIONAL, INC.
PAGE 2 OF 2
5.1.Deliverables shall be submitted no later than December 23, 2025.
5.2.The anticipated completion date for Title I Services is December 31, 2025.
6.1.The Sponsor, Local Programs Division, and Consultant Contracts Division shall be copied on
this task order and all related correspondence.
6.2.Paul Libertini.
6.3.Invoices shall be submitted to the following:
ARDOT: LPA@ardot.gov
Sponsor: via Paul Libertini at plibertini@fayetteville-ar.gov
IN WITNESS WHEREOF, the parties execute this Task Order, to be effective upon the Date Set Out in
DocExpress.
MICHAEL BAKER INTERNATIONAL, INC.
By: _______________________________
Mike Stengel
Vice President
ARKANSAS STATE HIGHWAY COMMISSION
By: _______________________________
Jared D. Wiley, P.E.
Director
CITY OF FAYETTEVILLE
By: _______________________________
Molly Rawn
Mayor
Disclaimer: This contract is signed in DocExpress. The Signing History with all dates and electronic signatures
applicable to the execution of this Task Order is located on the final page of the executed contract.
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Project Location
•
y I
Job 040966
N
1-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S) ARKANSASDEPARTMENT
OF TRANSPORTATION
1-49, Sec. 28
0 375 750 1,500
Washington County Feet
ATTACHMENT A - PAGE 1 OF 3
ON-CALL SERVICES
LOCAL FEDERAL AID PROJECTS (2025-2028)
TASK ORDER NO. 018
JOB NO. 040966, I-49/STEPHEN CARR MEMORIAL BLVD.
INTCHNG. IMPVTS. (FAYETTEVILLE) (S)
SCOPE OF WORK
DESCRIPTION OF THE PROJECT
The scope of work for engineering services will generally consist of evaluating alternatives for the intersection of
Stephen Carr Memorial Drive and the northbound on/off-ramps for Interstate 49. Alternatives to be evaluated will
include a roundabout, signalization, and ramp widening.
SERVICES PROVIDED BY THE SPONSOR:
1.1.Provide Available Parcel Surveys
2.1.Provide and coordinate the necessary public meetings
2.2.Publish and pay for public notices and legal notices
2.3.Provide appropriate translation services at public meetings as necessary
3.1.Provide Available Existing Construction Plans
3.2.Provide Project Goals
3.3.Review and Approve of All Design Alternates, Layouts, & Plans
4.1.Provide Available Existing Right-of-Way Plans
SERVICES PROVIDED BY ARDOT
5.1.Provide Environmental Constraints
6.1.Provide Design Criteria
6.2.Provide Available Existing Construction Plans
6.3.Review and Approve of All Design Alternatives, Layouts, & Plans
ON-CALL LP SERVICES (2025-2028)
JOB 040966, TASK ORDER NO. 018
MICHAEL BAKER INTERNATIONAL, INC.
SCOPE OF WORK
ATTACHMENT A - PAGE 2 OF 3
7.1.Provide Existing Right-of-Way Plans
TITLE I SERVICES TO BE FURNISHED BY THE CONSULTANT
8.1.Design Criteria to be considered for the project will be provided by ARDOT prior to the
beginning of work.
8.2.Consider environmental constraints and seek to avoid and/or minimize environmental impacts.
8.3.Perform traffic analysis to determine projected traffic for design year.
8.4.Evaluate Design alternatives that meet design year traffic projections.
a) Preliminary roadway grades, alignment, and required number of lanes for main lanes, crossing
roads and other roads as needed.
b) Estimate for limits of construction to establish a baseline for estimation of potential additional
right of way needs.
8.5.Estimate Costs for Right-of-Way Acquisition.
8.6.Estimate Costs for Utility Relocation.
8.7.The consultant shall provide a feasibility/preliminary construction cost estimate taking into
consideration construction methods and stage construction, current market conditions, and
reasonable contingency costs providing information for all assumptions, the basis of the
estimate, and sources listed in narrative form.
8.8.Make revisions necessary to respond to comments received during review.
9.1.Notify Sponsor and ARDOT of its schedule, in advance, for all activities.
9.2.When specified, seek Right of Entry (ROE) from public or private landowners to perform
services. ROE permission shall be written and signed by the landowner.
9.3.Provide monthly updates to the project schedule.
9.4.Recommend scope, schedule, and budget changes in advance with supporting documentation,
including efforts to minimize or mitigate the changes in accordance with procedures outlined
by ARDOT.
10.1.Consultant fee estimate must be agreed upon by all parties.
ON-CALL LP SERVICES (2025-2028)
JOB 040966, TASK ORDER NO. 018
MICHAEL BAKER INTERNATIONAL, INC.
SCOPE OF WORK
ATTACHMENT A - PAGE 3 OF 3
10.2.
ies,
current AREMA publications as appropriate and policies. Other appropriate AASHTO
publications and guide specifications shall also be utilized. Upon completion of the contract,
the Consultant shall furnish to the Sponsor all electronic files of the project design and plans,
Adobe Acrobat PDF file format & AutoCad/Civil 3D file format.
10.3.All plans and surveys shall be in U.S. Foot Units and based on Arkansas State Plane Grid,
TITLE I SERVICES HOURS SALARY FIXED FEE EXPENSES TOTAL
PROJECT MANAGEMENT 38 $6,543 $785 $0 $7,328
ROADWAY DESIGN & PLANS 397 $53,439 $6,413 $0 $59,852
TRAFFIC ANALYSIS 198 $25,152 $3,018 $2,500 $30,670
SUBTOTAL TITLE I 633 $85,134 $10,216 $2,500 $97,850
TOTAL TITLE I 633 $85,134 $10,216 $2,500 $97,850
TOTAL PROJECT 633 $85,134 $10,216 $2,500 $97,850
Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S)
Task Order No. 018
Attachment B - Justification of Costs and Fees
July 22, 2025
PROJECT SUMMARY
1 of 5
Description Number Months
Contract Duration 5
Coordination Meetings 3
Field Inspections 2
General Notes, etc.
On site surveys, environmental studies, and public meetings are not included in this scope of work.
Description Miles
Main Lanes ?
Side Roads ?
Ramps ?
Frontage Roads ?
Total ?
General Notes, etc.
Description
Main Lanes
Side Roads
Total
General Notes, etc.
0 0 0
? ? ?
? ? ?
Br. Widenings Br. Replacements MSE Ret. Walls
Roadway
Bridge
Project Management
Attachment B - Justification of Costs and Fees
July 22, 2025
Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S)
Task Order No. 018
PROJECT SUMMARY BASIS OF ESTIMATE
2 of 5
PROJECT MANAGEMENT
TASK Principal Project
Manager
Sr. Engineer/
Architect/ Planner
Engineer/
Architect/
Planner
Sr.
Designer Technician Sr. Admin TOTAL
Project Setup 2 2 2 6
Prepare Project Management Plan 2 2
General team coordination, team meetings 2 2 2 6
Kickoff meeting and general client coordination 2 2 2 2 8
Billing and project budget/schedule reviews 2 2
Roadway 0
ARDOT coordination meeting 2 2 4
Invoicing 2 6 8
Traffic 0
ARDOT coordination meetings (30%) 2 2
TOTAL MH - PROJECT MANAGEMENT 6 10 16 4 0 0 2 38
Category - Description Rate MH Amount
Principal $115.00 6 $690
Project Manager $70.00 10 $700
Sr. Engineer/ Architect/ Planner $60.00 16 $960
Engineer/ Architect/ Planner $50.00 4 $200
Sr. Designer $45.00 0 $0
Technician $28.00 0 $0
Sr. Admin $40.00 2 $80
Subtotal $2,630
Overhead 148.787% $3,913
Subtotal $6,543
Fixed Fee $785
FCCM 0.00% $0
Subtotal Labor Costs $7,328
ITEM Quantity Unit Rate Amount
Printing (8 1/2 x 11 B&W) each $0.00 $0.00
Printing (11 x 17 B&W) each $0.00 $0.00
Printing (8 1/2 x 11 color) each $0.00 $0.00
Printing (11 x 17 Color) each $0.00 $0.00
Mileage (provide a basis for the estimate) miles $0.700 $0.00
Lodging - statewide (x nights / x persons) night $132.00 $0.00
Meals - 1st day & last day travel Statewide Lunch/Dinner (# persons) day $51.00 $0.00
Meals - Statewide B/L/D (# days x # persons) day $68.00 $0.00
(Other direct expenses - detail here and the billing units) each $0.00 $0.00
Subtotal Expenses $0.00
Subtotal Expenses (rounded) $0
TOTAL COSTS - PROJECT MANAGEMENT $7,328
LABOR COSTS
EXPENSES
MANHOURS
Attachment B - Justification of Costs and Fees
July 22, 2025
Task Order No. 018
Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S)
3 of 5
ROADWAY DESIGN & PLANS
TASK Principal Project
Manager
Sr. Engineer/
Architect/ Planner
Engineer/ Architect/
Planner Sr. Designer Technician Sr. Admin TOTAL
Alternative Development/Quantities/Costs 2 2 4 4 12
Kickoff and coordination meetings 3 3 3 3 3 15
Alternative Displays, Duration/Cost Options 2 4 6
Feasibility Study 0
Site Visits as needed for Design 8 8 16
Layout roundabout & ramp widening 2 8 24 120 40 194
Displays 4 16 24 24 68
Report writing 2 8 16 26
QA/QC 2 4 16 24 46
Cost Estimates 2 4 4 4 14
0
0
0
0
0
0
TOTAL MH - ROADWAY DESIGN & PLANS 7 35 85 195 75 0 0 397
Category - Description Rate MH Amount
Principal $115.00 7 $805
Project Manager $70.00 35 $2,450
Sr. Engineer/ Architect/ Planner $60.00 85 $5,100
Engineer/ Architect/ Planner $50.00 195 $9,750
Sr. Designer $45.00 75 $3,375
Technician $28.00 0 $0
Sr. Admin $40.00 0 $0
Subtotal $21,480
Overhead 148.787% $31,959
Subtotal $53,439
Fixed Fee $6,413
FCCM 0.00% $0
Subtotal Labor Costs $59,852
ITEM Quantity Unit Rate Amount
Printing (8 1/2 x 11 B&W) each $0.00 $0.00
Printing (11 x 17 B&W) each $0.00 $0.00
Printing (8 1/2 x 11 color) each $0.00 $0.00
Printing (11 x 17 Color) each $0.00 $0.00
Mileage (provide a basis for the estimate) miles $0.700 $0.00
Lodging - statewide (x nights / x persons) night $132.00 $0.00
Meals - 1st day & last day travel Statewide Lunch/Dinner (# persons) day $51.00 $0.00
Meals - Statewide B/L/D (# days x # persons) day $68.00 $0.00
(Other direct expenses - detail here and the billing units) each $0.00 $0.00
Subtotal Expenses $0.00
Subtotal Expenses (rounded) $0
TOTAL COSTS - ROADWAY DESIGN & PLANS $59,852
EXPENSES
Attachment B - Justification of Costs and Fees
July 22, 2025
Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S)
Task Order No. 018
MANHOURS
LABOR COSTS
4 of 5
TRAFFIC ANALYSIS
TASK Principal Project
Manager
Sr. Engineer/
Architect/
Planner
Engineer/ Architect/
Planner
Sr.
Designer Technician Sr. Admin TOTAL
Note - all tasks include QA/QC and revisions
Data Collection 0
Traffic Counts Review- 4 6-hr TMCs, 3 48-hr Class (ODCS - 2K) 2 4 6
Field Visit - 2 staff 2 2 4
Traffic Forecasting 0
Growth Rate Development - using historical traffic data, historical and projected population data, no travel demand modeling 4 8 12
Traffic Volumes - 4 Intersections in 4 Scenarios (Design Year No Build + 3 Build Alternatives) 8 20 28
Traffic Analysis 0
Synchro Analysis (MOEs are Intersection Capacity, LOS) - 4 intersections in 4 scenarios 16 32 48
SimTraffic Analysis (MOEs are Intersection 95th %ile queues) - 4 intersections in 4 scenarios 8 12 20
HCS Analysis - for ramp tapers as needed and ramp merge, Northbound Interstate Only 16 8 24
Traffic Report 0
Traffic Forecasting Methodology and Diagrams 8 16 24
Traffic Analysis Methodology and Results 16 16 32
0
0
0 0 80 0 118 0 0 198
Category - Description Rate MH Amount
Principal $115.00 0 $0
Project Manager $70.00 0 $0
Sr. Engineer/ Architect/ Planner $60.00 80 $4,800
Engineer/ Architect/ Planner $50.00 0 $0
Sr. Designer $45.00 118 $5,310
Technician $28.00 0 $0
Sr. Admin $40.00 0 $0
Subtotal $10,110
Overhead 148.787% $15,042
Subtotal $25,152
Fixed Fee $3,018
FCCM 0.00% $0
Subtotal Labor Costs $28,170
ITEM Quantity Unit Rate Amount
Printing (8 1/2 x 11 B&W) each $0.00 $0.00
Printing (11 x 17 B&W) each $0.00 $0.00
Printing (8 1/2 x 11 color) each $0.00 $0.00
Printing (11 x 17 Color) each $0.00 $0.00
Mileage (provide a basis for the estimate) miles $0.700 $0.00
Lodging - statewide (x nights / x persons) night $132.00 $0.00
Meals - 1st day & last day travel Statewide Lunch/Dinner (# persons) day $51.00 $0.00
Meals - Statewide B/L/D (# days x # persons) day $68.00 $0.00
Traffic Counts 1 total $2,500.00 $2,500.00
Subtotal Expenses $2,500.00
Subtotal Expenses (rounded) $2,500
TOTAL COSTS - TRAFFIC ANALYSIS $30,670
EXPENSES
Attachment B - Justification of Costs and Fees
July 22, 2025
Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S)
Task Order No. 018
MANHOURS
LABOR COSTS
5 of 5
Job 040966, 1-49/Stephen Car Memorial Blvd. Intchng. Impvts. (Fayetteville) (S)
Attachment C
Project Schedule
'25I 1I1ep'11 ,. IOct1'25 IINov'11, N, 11
.. J.
NTP 0 days Mon 8/4/25
Alternative Evaluation 7 days lMon 8/4/25
Feasibility Study 60 days Wed 8/13/25
ARDOT Review 14 days Wed 11/5/25
Revisions 21 days Tue 11/25/25
ARDOT Review 7 days Wed 12/24/25
Mon 8/4/25
1
2
3
4
5
8/4
1 777
Tue 8/12/25
Tue 11/4/25
Mon 11/24/25
Tue 12/23/25
Ali
Thu 1/1/26
Task
Project Summary
Manual Task
Start -only
C
Deadline
Project: Design Schedule
Split �������������������������
Inactive Task
Duration -only I®
Finish -only
3
Progress
Date: Tue 7/22/25
Milestone ♦
Inactive Milestone O
Manual Summary Rollup
Fxternal Tasks
Manual Progress
Summary
Inactive Summary
Manual Summary r -----1
Fxternal Milestone
Page 1
Doc Express® Document Signing History
Contract: CC - On-Call Local Federal Aid Projects (2025-2028) - Michael
Baker International, Inc. Document: 040966-2025LP00-MBII-T018
Date Signed By
11/04/2025
Brandi Mayhan
Arkansas Department of Transportation
Electronic Signature
(Signed by Sponsor)
11/04/2025
Mike Stengel
Michael Baker International, Inc.
Electronic Signature
(Signed by Consultant)
11/04/2025
Jessica Jackson
Arkansas Department of Transportation
Electronic Signature
(Reviewed by Consultant Contracts Division Head)
11/04/2025
David Siskowski
Arkansas Department of Transportation
Electronic Signature
(Reviewed by Division)
11/04/2025
Keli Wylie
Arkansas Department of Transportation
Electronic Signature
(Signed by ACE)
Page 1 of 3
MASTER AGREEMENT ADDENDUM
ON-CALL SERVICES
LOCAL FEDERAL AID PROJECTS (2025-2028)
MICHAELBAKERINTERNATIONAL,INC.
INCORPORATION OF PROJECT SPONSOR
1.1.This Addendum is made and entered into as an addition to the Agreement dated February 18, 2025, between
the Arkansas Department of Transportation (ARDOT) and Michael Baker International, Inc.
(hereinafter referred to as the "Agreement"). The purpose of this Addendum is to incorporate the City of
Fayetteville as the Sponsor into the Agreement, ensuring all provisions, terms, and conditions of the
Agreement are binding and applicable to the local agency.
1.2.The Sponsor is hereby added as a party to the Agreement and shall have all the rights, obligations, and
responsibilities outlined in the original Agreement, as applicable. The Consultant agrees to provide services
to the Sponsor as outlined in the Agreement, subject to all terms and conditions.
2.1.ARDOTwill retain oversight and management authority to ensure compliance with applicable state and federal
regulations. The Sponsor assumes responsibility for approving deliverables and milestones specific to the
Sponsor's projects and coordinating directly with the Consultant for day-to-day project management and
decisions.
2.2.Sponsor shall be paid in accordance with the
terms outlined in the Agreement. Payments for Sponsor-specific projects shall be made from Sponsor funds,
subject to any ARDOT oversight or approval requirements as stipulated in the Agreement and reimbursed
upon proof of payment for service and demonstrated adherence to Federal Acquisitions Regulation (FAR)
Cost Principles.
2.3.The Sponsor shall be included alongside ARDOT in any provisions regarding indemnification, liability, or
insurance requirements as outlined in the Agreement.
2.4.The Consultant shall comply with all federal, state, and local laws, regulations, and policies applicable to
services performed for the Sponsor under this Agreement, as required for ARDOT administered agreements.
Page 2 of 3
2.5. The Consultant shall maintain records for Sponsor-
requirements for audit and financial review. ARDOT retains the authority to review and audit records for
Sponsor-administered projects to ensure compliance with applicable state and federal requirements.
2.6. This Addendum may be modified or terminated only by mutual written agreement of ARDOT, the Sponsor,
and the Consultant. Termination of the Agreement or this Addendum does not relieve the Consultant of
obligations related to prior services performed for the Sponsor.
2.7. All terms, conditions, and provisions of the original Agreement are hereby incorporated by reference into this
Addendum and made applicable to the Sponsor, unless expressly modified herein.
3.1. The Mayor of the City of Fayetteville certifies that neither the aforementioned consulting firm nor its
representative has not been required, either directly or indirectly, as a condition for obtaining or executing this
contract, to:
3.1.1. Employ or retain any firm or person, or agree to do so.
3.1.2. Pay or agree to pay any fees, contributions, donations, or any other form of consideration to any
firm, person, or organization.
3.1.3. Except as expressly stated herein (if applicable).
Page 3 of 3
Arkansas Department of Transportation
10324 Interstate 30
Post Office Box 2261
Little Rock, AR 72203
ConsultantContracts@ARDOT.gov
Michael Baker International, Inc.
Mike Stengel
3425 North Futrall Drive, Suite 101
Fayetteville, AR 72703
mhstengel@mbakerintl.com
City of Fayetteville
Molly Rawn, Mayor
113 W. Mountain St.
Fayetteville, AR 72701
mayor@fayetteville-ar.gov
IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out above.
MICHAEL BAKER INTERNATIONAL, INC. ARKANSAS STATE HIGHWAY COMMISSION
BY: _______________________________ BY: __________________________________
Mike Stengel
Vice President
Jared D. Wiley, P.E.
Director
CITY OF FAYETTEVILLE
BY: _______________________________
Molly Rawn
Mayor
Run Date:09/12/2025 U.S. DEPARTMENT OF TRANSPORTATION Report: FMISD05A
Run Time:07:58:44 FEDERAL HIGHWAY ADMINISTRATION Page 4 of 9
FEDERAL-AID PROJECT AGREEMENT
RECIPIENT:5-Arkansas FEDERAL PROJECT NO:9142060
UEI (SAM):U9GQWG2L9ZQ3 RECIPIENT PROJ. NO(S):040966
1. The State through its department of transportation, or other recipient, has complied, or hereby agrees to comply, with the applicable terms and conditions
set forth in (a) Title 23, U.S. Code, highways;(b) The regulations issued pursuant thereto, and the policies and procedures promulgated by the
Federal Highway Administration; and (c) All other applicable federal laws and regulations.2. The State, or other recipient, stipulates that as a
condition to payment of the Federal funds obligated, it accepts and will comply with the provisions set forth in 23 CFR 630.112. These provisions
incorporate by reference all other federal laws and regulations pertaining to the project or the activity for which the funds are obligated. Solely for the
purposes of emphasis, such applicable provisions include, but are not limited to, the requirements of Appendix A to 2 CFR Part 170—Award terms for
Reporting subaward and executive compensation information, and 2 CFR 200, including for those funds for which such amount will be subawarded to a
subrecipient, 2 CFR 200.331.3. Relative to the above designated project, the FHWA has authorized certain work to proceed as evidenced by the date entered
opposite the specific item of work. For such authorized work, the federal funds obligated or advance-construction authorized, are not to exceed the amount
shown herein. The balance of the estimated total project cost is an obligation of the State or other direct recipient.4. Such authorization of Federal funds
extends only to project costs incurred by the State, or other recipient, following Federal Highway Administration’s authorization to proceed with the project.
PROJECT TITLE:I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S)
PROJECT DESCRIPTION:Evaluation of alternatives for the intersection of Stephen Carr Memorial
Drive and the northbound on-ramp for Interstate 49. Alternatives to be evaluated will include a roundabout,
signalization and ramp widening. The selected alternative will move on into the environmental and full design phase.
DUNS#:
SUBRECIPIENT PROJECT:Yes
SUBRECIPIENT UEI (SAM):FKCQRMDULFH9
SUBRECIPIENT NAME:CITY OF FAYETTEVILLE
PROJECT END DATE:03/31/2027
CLASSIFICATION OF PHASE OF WORK
TO BE PUT UNDER AGREEMENT
EFFECTIVE DATE OF
AUTHORIZATION
HIGHWAY PLANNING & RESEARCH
PRELIMINARY ENGINEERING 09/09/2025
RIGHT-OF-WAY
CONSTRUCTION
OTHER
PROGRAM
CODE
FAIN URBAN/
WITH
TOTAL COST FEDERAL
SHARE
FEDERAL FUNDS
UNDER
AGREEMENT
ADVANCED
CONST. FUNDS
Y230 693JJ22530000Y230AR9142060 $812,500.00 80.00%$650,000.00 $0.00
TOTAL $812,500.00 $650,000.00 $0.00
ESTIMATED TOTAL COST:$812,500.00
TOTAL AUTHORIZED FOR PROJECT:$650,000.00
ARKANSAS DEPARTMENT OF TRANSPORTATION
AVAILABLE FUNDS CERTIFIED BY:Lindsay Atkinson DATE:09/09/2025
APPROVED AND REQUESTED BY:Douglas Meleney DATE:09/10/2025
AGRMT/MODIFY REQUESTED BY:Daniel Siskowski DATE:09/11/2025
FEDERAL HIGHWAY ADMINISTRATION
PROJECT INFORMATION REVIEWED BY:Jessica Gordon DATE:09/11/2025
APPROVAL RECOMMENDED BY:Jesse Ward DATE:09/11/2025
APPROVED AND AUTHORIZED BY:Jessica Gordon DATE:09/11/2025
RECIPIENT REMARKS:Based on TO 018 with Michael Baker, estimated state PE and to set up initial funding for upcoming design task
order.
This agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf
and http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf.
FHWA REMARKS:
FEDERAL-AID PROJECT AGREEMENT
PoDi/State Admin. PoDi/Locally Admin.
Assumed/State Admin. Assumed/Locally Admin. X
Program Code :Y230 Other
F.A.P. :STPU-9142(60) State Job :
Project Description :I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S)
County(ies) :Washington Est. Letting Date :
(Month / Year)
Inventory Rt. # :0000 000 000|00 Project Type : C "STIP" Item No. : NARTS36 Est. Constr. Date :
(Demo Projects Only)(Month / Year)
Beginning Milept. :0000.000 Ending Milept :
Demo. ID No. : NA
(Demo Projects Only)
Original Agreement : Description : Evaluation of alternatives for the intersection of Stephen Carr Memorial
Drive and the northbound on-ramp for Interstate 49. Alternatives to be
evaluated will include a roundabout, signalization and ramp widening.
The selected alternative will move on into the environmental and full design phase.
Project End Date:CFDA #
FOR FHWA Improvement Type : See below BRIDGES Feature Log Mile Str. # Type
USE ONLY Urbanized Area : NARTS
Rural or Urban : U
Functional System : F/C
Fed-Aid System : I/O
LPA : Y
FUNDING:F e d e r a l F u n d s
Previously Now Total Other Other Total F.F.
Improvement Type Authorized Requested Federal [CITY ][]Cost %
STPU - Y230
State PE - 15 0.00 4,000.00 4,000.00 1,000.00 5,000.00
Consult Title I - 15 0.00 100,000.00 100,000.00 25,000.00 125,000.00
Consult Title I - 15 0.00 396,000.00 396,000.00 99,000.00 495,000.00
Consult Title I - 15 0.00 150,000.00 150,000.00 37,500.00 187,500.00
TOTAL 0.00 650,000.00 650,000.00 162,500.00 0.00 812,500.00
FED Max: $650,000
Comments: Based on TO 018 with Michael Baker, estimated state PE and to set up initial funding for upcoming design task order.
FHWA will be billed 100% of 80% for consultant costs.
Sponsor: City of Fayetteville UEI: FKCQRMDULFH9
STPU funds awarded $650,000 FFY 2025
NARTS Coordinator:
The State agrees that as a condition to payment of Federal funds obligated, it accepts and will comply with the agreement Original Agreement X
provisions set forth in 23 CFR, Parts 630.106 and 630.112; and its signature constitutes the making of the certifications. Modified Agreement
Date:
Federal Programs Coordinator
Approved in FMIS by Electronic Signature:Date:
Section Head - Program Funding
Date:
Division Engineer - Program Management
Federal-Aid Project Agreement was approved and authorized by electronic signature on ___________________ by FHWA
Note a copy of Form FMISD06A has been printed and sent to the Master Files which shows the above date.
http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf.
Approved for Submission :
Agreement/ Modification Requested in FMIS
by Electronic Signature:
This agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and
80
80
80
80
The Arkansas Department of Transportation hereby requests authorization to proceed with the following project.
TBD
20.205
040966
0000.000
March 31, 2027
NA
9/9/2025
9/9/2025
For
9/10/2025
Davie Siskowski 9-11-25
MdGNNGoS
Doc Express® Document Signing History
Contract: CC - On-Call Local Federal Aid Projects (2025-2028) - Michael
Baker International, Inc. Document: ADM2 MA 2025LP00-MBII
Date Signed By
11/04/2025
Brandi Mayhan
Arkansas Department of Transportation
Electronic Signature
(Signed by Sponsor)
11/04/2025
Mike Stengel
Michael Baker International, Inc.
Electronic Signature
(Signed by Consultant)
11/04/2025
Jessica Jackson
Arkansas Department of Transportation
Electronic Signature
(Reviewed by Consultant Contracts Division Head)
11/04/2025
David Siskowski
Arkansas Department of Transportation
Electronic Signature
(Reviewed by Division)
11/04/2025
Keli Wylie
Arkansas Department of Transportation
Electronic Signature
(Signed by ACE)
M ASTER A GREEMENT
O N -C ALL S ERVICES
L OCAL F EDERAL A ID P ROJECTS (2025 -2028)
ON-CALL LP (2025-2028)
MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII PRELIMINARY MATTERS
ZEK5MQHFTPVK-2146535117-287 Page 2 of 40
CONTENTS
1. PRELIMINARY MATTERS ...................................................................................................................................................... 4
2. PARTIES TO THE AGREEMENT ........................................................................................................................................... 5
3. RESPONSIBILITY MATTERS ................................................................................................................................................. 6
4. CONTRACT AUTHORITY ....................................................................................................................................................... 7
5. PROJECT COORDINATION ................................................................................................................................................... 8
6. CONTRACT CEILINGS ........................................................................................................................................................... 9
7. TASK ORDERS ....................................................................................................................................................................... 9
8. ALLOWABLE COSTS ........................................................................................................................................................... 10
9. COSTS NOT ALLOWED ....................................................................................................................................................... 11
10. INVOICING ............................................................................................................................................................................ 11
11. TRAVEL REGULATIONS ...................................................................................................................................................... 13
12. WITHHOLDING PAYMENT................................................................................................................................................... 14
13. STOP WORK ORDERS ........................................................................................................................................................ 14
14. COMMENCEMENT, TERM, AND COMPLETION ................................................................................................................ 15
15. FUNDING LIMITATIONS....................................................................................................................................................... 15
16. TERMINATION ...................................................................................................................................................................... 16
17. CHANGES ............................................................................................................................................................................. 16
18. DISPUTES AND CLAIMS...................................................................................................................................................... 17
19. INTELLECTUAL PROPERTY ............................................................................................................................................... 19
20. RECORDS AND AUDITS ...................................................................................................................................................... 19
21. BANKRUPTCY ...................................................................................................................................................................... 21
22. EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES ............................................................................................. 21
23. SUCCESSORS AND ASSIGNS ............................................................................................................................................ 22
24. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY................................................................................... 22
25. INSURANCE REQUIREMENTS ........................................................................................................................................... 23
26. SUBCONTRACTING ............................................................................................................................................................. 24
27. STANDARD OF CARE .......................................................................................................................................................... 26
28. DEBARMENT AND SUSPENSION ....................................................................................................................................... 27
29. CERTIFICATION OF COMPLIANCE WITH APPLICABLE LAWS ........................................................................................ 27
30. CERTIFICATION OF COMPLIANCE WITH ARKANSAS LAW............................................................................................. 28
31. NONDISCRIMINATION STATEMENT .................................................................................................................................. 28
32. CONFLICTS OF INTEREST ................................................................................................................................................. 28
33. ATTESTATION ...................................................................................................................................................................... 29
34. CERTIFICATION DETAILS ................................................................................................................................................... 29
35. CERTIFICATION OF ARKANSAS STATE HIGHWAY COMMISSION ................................................................................. 30
36. EXECUTION ......................................................................................................................................................................... 30
GENERAL SCOPE OF WORK ...................................................................................................................................................... 32
1. ENGINEERING AND DESIGN SERVICES ........................................................................................................................... 33
2. RIGHT OF WAY SERVICES ................................................................................................................................................. 34
3. PLANNING SERVICES ......................................................................................................................................................... 34
4. NEPA SUPPORT SERVICES ............................................................................................................................................... 35
5. SURVEYING ......................................................................................................................................................................... 36
6. GEOTECHNICAL SERVICES ............................................................................................................................................... 37
7. CONSTRUCTION INSPECTION SERVICES ....................................................................................................................... 38
8. DELIVERABLES AND PROJECT-SPECIFIC SERVICES .................................................................................................... 39
ON-CALL LP (2025-2028)
MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII PRELIMINARY MATTERS
ZEK5MQHFTPVK-2146535117-287 Page 3 of 40
PREAMBLE
THIS AGREEMENT, entered into by and between the Arkansas State Highway Commission
(“Commission”), acting by and through its Director (“Director”), as authorized by Commission Action on June
19, 2024, and Michael Baker International, Inc. (“Consultant”), se ts forth the terms and conditions under
which the Consultant will provide services as needed to the Arkansas Department of Transportation (ARDOT)
and Local Public Agencies (Project Sponsors) for professional services as detailed herein.
WITNESSETH:
WHEREAS, on-call service contracts have been found to be an effective method of supplementing
existing staff; and
WHEREAS the procurement of an additional group of on -call consultants for local Federal-aid projects
will streamline the project delivery process and expedite the use of funding that is allocated to local public
agencies; and
WHEREAS, the purpose of this Agreement is to define the terms and conditions under which ARDOT,
operating under its authority pursuant to applicable State and Federal laws, will oversee professional services
provided by the Consultant in support of Project Sponsors. This oversight ensures the efficient, effective, and
compliant use of Federal funds for transportation improvements that serve the public interest ; and
WHEREAS, the Consultant’s staff is well qualified, capable, and has capacity to complete anticipated
projects on schedule.
NOW THEREFORE, it is considered to be in the best public interest for the Commission to obtain the
assistance of the Consultant’s organization to provide professional services associated with local public
agency projects.
ON-CALL LP (2025-2028)
MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII PRELIMINARY MATTERS
ZEK5MQHFTPVK-2146535117-287 Page 4 of 40
1. PRELIMINARY MATTERS
1.1. DOT: The United States Department of Transportation.
1.2. FHWA: The Federal Highway Administration.
1.3. FAR: Federal Acquisition Regulations, codified in Title 48 Code of Federal Regulations (CFR).
1.4. ARDOT OR DEPARTMENT: Collectively the Arkansas State Highway Commission and the
Arkansas Department of Transportation.
1.5. CHIEF ENGINEER: The Chief Engineer–Preconstruction of the Arkansas Department of
Transportation.
1.6. ASSISTANT CHIEF ENGINEER: Assistant Chief Engineer–Program Delivery of the Arkansas
Department of Transportation.
1.7. CONSULTANT’S REPRESENTATIVE: The individual designated to act as the primary point of
contact and authorized agent for all matters related to the execution, performance, and
administration of this Agreement. The Consultant's Representative shall have the authority to make
decisions, communicate on behalf of the Consultant, and ensure compliance with the terms and
conditions of the contract.
1.8. CONTRACT PRICE: The aggregate amount of allowable costs and fees to be paid to the Consultant
under this Agreement.
1.9. FEE: Whether fixed or otherwise, a dollar amount that includes profit paid to the Consultant for work
completed.
1.10. INDIRECT COST RATE OR ICR: A percentage used in contracts to allocate indirect costs to direct
costs or activities, determined by dividing the allowable indirect costs by an equitable allocation base,
in compliance with the cost principles outlined in FAR Part 31. The maximum allowable ICR shall be
approved by the Department for use by the Consultant.
1.11. MULTIPLIER: A calculated mark-up of direct hourly salary rates based on a Department -approved
indirect cost rate, which includes overhead and profit.
1.12. PROJECT SPONSOR: The Project Sponsor, which may include, but is not limited to, a city, county,
municipality, or other governmental entity responsible for initiating, managing, and implementing a
project funded in whole or in part through Federal or State assistance. The Project Sponsor is tasked
with ensuring compliance with all applicable laws, regulations, and funding requirements and serves
as the primary authority for project execution within its jurisdiction.
1.13. SPONSOR'S REPRESENTATIVE: The individual designated by the Sponsor to act as its authorized
agent for all matters related to the administration, execution, and oversight of this Agreement, and
to serve as the primary point of contact for the Consultant, Department, and other stakeholders,
ensuring the Sponsor's interests and responsibilities are effectively managed for the Agreement
duration.
1.14. TITLE I SERVICES: The FHWA designation of funding for preconstruction services provided before
the award of a construction contract.
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MICHAEL BAKER INTERNATIONAL, INC.
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1.15. TITLE II SERVICES: The FHWA designation of funding for services provided after the award of a
construction contract.
1.16. PROJECT OR TASK ORDER: Refers to individual assignments, tasks, or scopes of work issued
under this Agreement, each representing a distinct effort or deliverable to be performed by the
Consultant. Each Project is governed by a specific work authorization that details the objecti ves,
scope, schedule, contract value, and deliverables required for that assignment.
1.17. AGREEMENT OR CONTRACT: Legally binding documents including the Master Agreement and all
referenced or added by Addenda, Appendices, Task Orders, Supplemental Agreements,
Subcontracts, and Subconsultant Agreements.
1.18. ADDENDUM: A supplementary document executed as an amendment to this Agreement, formally
incorporating a specific Project Sponsor as a contract authority for this Agreement. The Addenda
shall define the Project Sponsor, its associated responsibilities, project-specific terms applicable to
the services provided under this Agreement and extend the terms of this Agreement to the Project
Sponsor, maintaining any and all contract terms and obligations.
1.19. DEFAULT: The material failure of the Consultant to perform any of the provisions of this Agreement.
Default includes, but is not limited to, material failure to complete phases of the work according to
schedule or material failure to make progress in the work so as to endanger timely performance of
this Agreement, failure to pay subcontractors in a timely manner, failure to comply with applicable
Federal and State laws enforced as of the effective date of this Agreement, and failure to comply
with certifications made in or pursuant to this Agreement.
1.20. SUBCONTRACT: A formal agreement between the Consultant and another entity to perform a
portion of the work or services required under this Agreement or an assigned Task Order.
Subcontracts must comply with FAR, the terms and conditions of this Agreement, and are subject to
the approval of the Department and Project Sponsor, as applicable.
1.21. SUBCONSULTANT: A subcontractor providing professional, technical, or other services directly
related to the scope of this Agreement or an assigned Task Order. A subcontract shall be deemed
defined and appended to the Agreement in the form of a Subconsultant Agreement when the services
are governed by FAR Subpart 36.6 - Architect-Engineer Services.
2. PARTIES TO THE AGREEMENT
2.1. The Consultant’s Representative may only be amended as authorized by Supplemental Agreement
and shall:
2.1.1. Serve as the primary point of contact and authorized agent for the Consultant under this
Agreement.
2.1.2. Be responsible for compliance with Agreement obligations.
2.1.3. Be responsible for timely completion of assigned tasks.
2.2. ARDOT’S REPRESENTATIVE FOR CONTRACT MATTERS is the Division Head of Consultant
Contracts, who will:
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2.2.1. Administer and resolve matters related to the overall Agreement .
2.2.2. Ensure compliance with contractual terms.
2.2.3. Oversee negotiation of costs and fees and coordinate execution of the Agreement.
Addenda, Task Orders, and Supplemental Agreements, as applicable.
2.2.4. Act as the primary liaison between ARDOT and the Consultant for Agreement matters.
2.3. ARDOT’S REPRESENTATIVE FOR COORDINATION AND TASK ORDER SERVICES is the
Division Head of Local Programs, who will:
2.3.1. Oversee Task Order assignments for the Agreement.
2.3.2. Approve scopes of work.
2.3.3. Monitor Task Order progress.
2.3.4. Address project-specific inquiries.
2.3.5. Ensure deliverables align with the objectives and timelines of Task Orders.
2.4. THE PROJECT SPONSOR AND PROJECT SPONSOR’S REPRESENTATIVE will be defined and
added to the Agreement by Addendum. The Project Sponsor’s Representative will:
2.4.1. Serve as the primary point of contact for the Project Sponsor.
2.4.2. Provide all necessary project information and approvals in a timely manner to avoid delays .
2.4.3. Maintain detailed recordkeeping and management of assigned projects.
2.4.4. Transmit information to project stakeholders.
2.4.5. Perform detailed reviews of the Consultant’s deliverables.
2.4.6. Transmit deliverables to ARDOT for review and approval as required.
2.4.7. Address project-specific issues and concerns.
2.4.8. Coordinate with ARDOT’s Representatives to resolve project-specific issues.
2.4.9. Ensure progress payments and invoice records are complete, accurate, and compliant
prior to submittal to ARDOT for reimbursement.
3. RESPONSIBILITY MATTERS
3.1. GENERAL PROVISIONS
3.1.1. Neither the employees of the Consultant nor those of its subconsultants, if applicable, shall
be considered employees of ARDOT or the Project Sponsor for any purposes under this
Agreement.
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3.1.2. The Consultant affirms that it has no interest, direct or indirect, that would conflict in any
way with its obligations under this Agreement. Furthermore, the Consultant shall not enter
into any other agreements during the term of this Agreement that would create a conflict
of interest with the services provided herein or that would adversely affect ARDOT or the
Project Sponsor in relation to this Agreement.
3.1.3. Notwithstanding any review, approval, acceptance, or payment by ARDOT or the Project
Sponsor, the Consultant shall remain responsible for the professional Standard of Care of
services furnished under this Agreement.
3.1.4. The Consultant shall demonstrate to ARDOT and/or the Project Sponsor’s representative
the implementation of quality assurance measures in its work. This includes identifying
individuals responsible for the completeness and technical accuracy of services provided,
as well as methods used to determine the completeness and accuracy of drawings,
specifications, and cost estimates..
3.1.5. When services are design related, the Consultant agrees to adhere to the requirements
outlined in ARDOT and FHWA design standards, which are incorporated into this
Agreement by reference.
3.1.6. ARDOT and/or the Project Sponsor retain the right, at their discretion, to submit any portion
of the Consultant’s work for review by independent consulting engineers engaged for that
purpose. The Consultant shall fully cooperate with such reviews.
3.1.7. The Consultant shall employ only qualified and competent personnel to perform the work
under this Agreement.
3.1.8. The rights and remedies provided to ARDOT and/or the Project Sponsor under this
Agreement are in addition to any other rights and remedies provided by law.
3.1.9. If the Consultant consists of more than one legal entity, all such entities shall be jointly and
severally liable under this Agreement.
3.1.10. General Provisions shall apply to subconsultants, if applicable, and shall be incorporated
into subcontract provisions.
4. CONTRACT AUTHORITY
4.1. ARDOT AND THE PROJECT SPONSOR SHALL:
4.1.1. Approve or disapprove actions related to the Agreement, including Task Order assignment
and cost negotiation with the Consultant.
4.1.2. Oversee the execution, modification, and renewal of the Agreement, Addenda, Task
Orders, and Supplemental Agreements.
4.1.3. Monitor costs and deliverables to ensure adherence to project scopes of work and
applicable Federal and State requirements.
4.2. ARDOT SHALL:
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4.2.1. Promptly review proposed Task Order costs, fees, scopes, and deliverables.
4.2.2. Provide guidance to all project stakeholders on Department policies and procedures .
4.2.3. Review and post eligible reimbursements to the Project Sponsor for invoiced services paid
to the Consultant.
4.2.4. Monitor project costs and budgets to ensure Federal funding compliance.
4.2.5. Reimburse the Project Sponsor for eligible Federal matching funds or other applicable
funding sources in accordance with Agreement terms.
4.2.6. Coordinate with the FHWA and provide guidance to Project Sponsors and Consultants as
needed.
4.3. THE PROJECT SPONSOR SHALL:
4.3.1. Promptly review proposed Task Order costs, fees, scopes, and deliverables.
4.3.2. Assume responsibility for local administration and management of assigned Task Orders,
including alignment with the scope of work.
4.3.3. Review and approve Consultant invoices.
4.3.4. Notify ARDOT of significant changes to project scope, schedule, or budget .
4.3.5. Adhere to applicable Federal, State, and local laws, regulations, and guidelines.
4.3.6. Maintain compliance with the National Environmental Policy Act (NEPA), the Uniform Act,
the Americans with Disabilities Act (ADA) requirements, and other Federal mandates.
4.3.7. Submit complete and accurate invoices for reimbursement to ARDOT, proof of payment
rendered to Consultant, and other supporting documentation, as applicable.
4.3.8. Monitor project ceilings and ensure proper allocation of costs in accordance with Task
Orders.
4.3.9. Retain project records for audit purposes.
4.3.10. Address project risks, delays, cost overruns, or compliance issues, and notify ARDOT
immediately if they may impact project timelines or funding.
4.3.11. Assist ARDOT in resolving disputes with the Consultant when required.
5. PROJECT COORDINATION
5.1. COORDINATION MEETINGS: The Consultant shall organize and participate in coordination
meetings as necessary with representatives of the Project Sponsor, ARDOT, and FHWA to ensure
effective communication and collaboration. These meetings will provide updates on project progress
and address any issues requiring input or direction from the Project Sponsor, ARDOT, or FHWA.
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5.2. WORK REVIEW LOCATION: The Consultant’s work and all files and documents produced under
this Agreement may be reviewed by representatives of the Project Sponsor, ARDOT, and FHWA at
the Consultant’s project office.
5.3. ENTRY UPON PRIVATE PROPERTY: The Project Sponsor shall notify private landowners of the
Consultant’s need for access to private property using a letter drafted by the Consultant. The
Consultant shall only enter private property with the landowner’s consent and notify the Project
Sponsor if access is denied.
5.4. INACTIVE FEDERAL FUNDS AND POSITIVE PROGRESS: The parties acknowledge the
importance of timely use of Federal funds to comply with FHWA’s guidance and avoid de-obligation
or loss of funding. The Consultant, Project Sponsor, and ARDOT shall ensure positive progress in
fulfilling their respective obligations under the Agreement to maintain funding eligibility and avoid
delays.
6. CONTRACT CEILINGS
6.1. The maximum amount payable for Title I Services under this Agreement is $4,000,000.
6.2. The maximum amount payable for Title II Services under this Agreement is $4,000,000.
6.3. The maximum amount payable for all services under this Agreement is $8,000,000.
6.4. TASK ORDER CEILING PRICE: Each Task Order will include a defined ceiling amount for Title I
Services, Title II Services, or both as applicable. For design services Task Orders where effort is
included as a placeholder for services to be performed during Construction, both Title I and Title II
Ceiling prices shall be defined.
6.5. The Consultant shall not incur costs exceeding any specified Contract Ceiling without prior approval
in the form of a Supplemental Agreement. Aggregate payments under this Agreement, including all
costs and fees, shall not exceed the Contract Ceiling Price. No adjustment of the Indirect Cost Rate,
other adjustment, claim or dispute shall affect the limits imposed by these ceiling prices. No payme nt
of costs or fees shall be made above these ceiling prices unless modified by Supplemental
Agreement.
7. TASK ORDERS
7.1. CONTRACT STRUCTURE: In exchange for services performed, the Consultant will be
compensated as outlined in Task Orders issued under this Agreement. Task Orders shall define the
scope, negotiation, and payment terms, and will follow one of the following structures:
7.1.1. COST PLUS-FIXED-FEE TASK ORDER: Payment will be made for all allowable and pre-
approved direct and indirect costs incurred during the performance of the work, plus a
predetermined Fixed Fee.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII ALLOWABLE COSTS
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7.1.2. LUMP SUM (FIRM FIXED FEE) TASK ORDER: Compensation will consist of a specified,
predefined fee that represents full payment for all costs associated with the performance
of the work, including labor, materials, overhead, and profit. Services shall be invoiced
monthly as a percentage of the total work completed or upon achieving milestones as
defined in the Task Order.
7.1.3. SPECIFIC RATE OF COMPENSATION TASK ORDER: Payment will be based on
approved labor and activity rates specified in the Task Order. Compensation for overhead
and profit will be calculated by applying an approved Multiplier to the applicable salary rate.
The Fee includes all costs to be incurred by the Consultant, and no additional
reimbursement will be made for costs exceeding those negotiated in the individual Task
Order. The Consultant assumes responsibility for all costs and risks associated with
fulfilling the obligations of the Task Order.
7.2. GENERAL TASK ORDER PROVISIONS: Regardless of the type of Task Order, the Consultant
shall not be reimbursed for any costs exceeding the Task Order Ceiling unless modified through a
Supplemental Agreement.
7.2.1. The Consultant is responsible for managing all costs and risks associated with fulfilling the
obligations under the Task Order.
7.2.2. Payment will only be made for work completed in accordance with the scope and
requirements outlined in the Task Order’s Scope of Work.
7.2.3. The Consultant will only be compensated for work actually performed.
8. ALLOWABLE COSTS
8.1. Allowable costs are subject to the limitations, regulations, and cost principles and procedures in FAR
and the State of Arkansas Travel Regulations as adopted by the Department ’s Accounting Manual,
which are expressly incorporated into this Agreement by reference. Those recorded costs that, at
the time of the request for reimbursement, the Consultant has paid by cash, check, or other form of
actual payment for items or services purchased directly for the Agreement.
8.2. COST ELIGIBILITY: Costs eligible for payment include only:
8.2.1. Materials issued from the Consultant’s inventory and placed in the production process for
use in its performance under this Agreement.
8.2.2. Direct labor.
8.2.3. Direct travel.
8.2.4. Other direct in-house costs as specified and allowed by the Task Order.
8.2.5. Properly allocable and allowable indirect costs, as shown in the records maintained by the
Consultant for purposes of obtaining reimbursement under government contracts.
8.2.6. Allowable payments made to the Consultant’s subconsultants under similar cost standards
and as provided for in the Task Order.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII COSTS NOT ALLOWED
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8.3. MAXIMUM DIRECT HOURLY RATES: All labor categories that the Consultant anticipates utilizing
for work assigned will be negotiated for the term of the Task Order. No salary above the rates agreed
upon in the Task Order nor any salary classifications not included in the Task Order will be allowed
for billing or fee negotiation purposes without written prior approval.
8.4. OVERTIME COSTS shall be reimbursed only when the overtime has been authorized in writing.
When authorized, overtime shall be reimbursed at the rate of time and one -half for all nonexempt
employees. Notwithstanding this provision, the Consultant must comply with all Federal and State
wage and hour laws and regulations, regardless of whether the overtime is considered reimbursable
under this Agreement.
8.5. NON-SALARY DIRECT RATES: If applicable, non-salary direct rates such as unit rates for specific
services shall be negotiated for each individual Task Order.
9. COSTS NOT ALLOWED
9.1. COST CONTROL AND FEE INTEGRITY: The Consultant is responsible for ensuring that the staff
assigned to perform services under a Task Order are substantially representative of those presented
during the negotiation of Task Order costs and fees. Billing for salary classifications not includ ed in
the Task Order or at rates exceeding the approved maximum hourly rates is prohibited unless prior
written authorization is obtained from the Project Sponsor and the Department. Notwithstanding any
other clause of this Agreement, ARDOT or the Project Sponsor may, at any time, issue to the
Consultant a written notice of intent to disallow specified costs incurred or planned for incurrence
under an assigned Task Order if such costs are determined not to be allowable under the terms of
the Agreement.
9.2. If the Consultant’s staff are compensated at rates higher than the allowable billing rates, the excess
amount shall be borne by the Consultant and not passed on to the Department or Project Sponsor.
9.3. If a subsequent audit determines that: (1) items not properly reimbursable have been reimbursed
as direct costs; or (2) the Indirect Cost Rate includes items not allowable under FAR, the following
actions shall apply: the Indirect Cost Rate will be retroactively amended to reflect only allowable
indirect costs incurred, and for both direct and indirect costs, the offset of overpayments will be made
on future payments, or the Consultant shall refund any overpayment.
9.4. Failure to issue a notice under this section shall not waive or otherwise limit the Project Sponsor’s or
ARDOT’s right to disallow payment for any incurred costs determined to be unallowable under the
terms of this Agreement. This right applies to both current payment requests and any payments later
determined to have been made in error.
10. INVOICING
10.1. The Consultant shall submit a detailed invoice no more than once monthly, and no more than thirty
days following the performance of work by either by the Consultant or any applicable subcontractors
supported by:
10.1.1. A statement of the claimed allowable costs submitted for performing the Task Order
services.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII INVOICING
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10.1.2. The estimated amount and value of assigned services that have been completed for the
Task Order to date.
10.1.3. Additional information requested by the Project Sponsor or ARDOT including invoice
calculations in native files format.
10.2. INVOICE REQUIREMENTS: Each invoice must be provided on a template approved of or provided
by ARDOT. The invoice shall include cost, and fees claimed for the specific Task Order since
submittal of the last invoice. Invoices shall include the following details:
10.2.1. Consultant’s name and address.
10.2.2. Federal Tax ID Number.
10.2.3. Job name and number.
10.2.4. Task Order number.
10.2.5. ARDOT-specific Invoice Number.
10.2.6. Invoice date and billing start/end dates.
10.2.7. Total earned for the period.
10.2.8. Total amount due for the period detailing deductions for previous overpayments, errors, or
credits applied.
10.2.9. Project-to-date billing totals.
10.2.10. Consultant’s signature and certifying statement.
10.3. INVOICE APPROVAL: Upon approval of the invoice, payment shall be made to the Consultant as
soon as practicable. Payment will include all allowable costs and the approved portion of the agreed -
upon fee less any previous payments. Notwithstanding any other provision of this A greement, only
costs and fees deemed allowable under Subpart 31.2 of the FAR, as in effect on the date of this
Agreement, and in accordance with the terms of this Agreement, shall be reimbursed or paid.
Invoices shall be submitted to the Project Sponsor for payment as directed in the Task Order.
10.4. FINAL INVOICE: The Consultant shall submit a final invoice, designated as such, promptly upon
completion of the work, but no later than forty-five (45) days after the date that work assigned by a
Task Order is complete. Upon approval of the final invoice, and upon the Consultant’s compliance
with all terms of this Agreement, the Project Sponsor shall promptly pay any balance of allowable
costs and estimated fee owed to the Consultant. After the final release, the Consultant shall continue
to provide services as needed through Supplemental Agreement(s) with respect to the contracted
services under this Agreement until project completion.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII TRAVEL REGULATIONS
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10.5. FINAL RELEASE: As a condition precedent to receiving final payment for services rendered for an
assigned Task Order, the Consultant shall execute and deliver to both the Project Sponsor and
ARDOT a release of all claims arising under or by virtue of the Task Order. This release shall include
all claims known or that reasonably could have been known to exist, except for any claims explicitly
stated and excepted by the Consultant in the release, with the amounts of such claims clearly
specified.
11. TRAVEL REGULATIONS
11.1. USE OF PUBLIC FUNDS FOR TRAVEL: Travel costs, including transportation, lodging, and meals,
shall be reasonable and necessary to achieve the objectives of the assigned work.The Consultant
shall incur expenses economically and in accordance with applicable Federal, State and ARDOT
regulations and policies governing the use of public funds.
11.2. TRAVEL REIMBURSEMENT: Reimbursement for approved travel expenses shall reflect actual
expenses for meals and lodging not exceeding the maximum allowable rates.Travel reimbursement
is not a per diem.
11.3. DISALLOWANCE OF NON-COMPLIANT TRAVEL COSTS: Travel costs may be disallowed and
deemed non-reimbursable if ARDOT or the Project Sponsor determines that:
11.3.1. The travel expenses exceed allowable costs as defined by Federal and State guidelines,
ARDOT policies, or the Agreement.
11.3.2. The travel was not required or necessary for the completion of the tasks associated with
the assigned work.
11.3.3. Appropriate documentation for travel expenses, as required under the terms of this
Agreement, is not submitted within the timeline set forth for the submission of invoices.
11.4. Failure to comply with these requirements will result in the Consultant bearing the costs of non -
compliant or undocumented travel expenses, with no entitlement to reimbursement.
11.5. TRAVEL DAY: Travel status typically begins after breakfast on the first day of travel and ends before
dinner on the final day of travel. Travelers are eligible for 75% of the standard meal allowance on
both the first and last days of travel. Meals will generally not be reimbursed without a lodging
reimbursement request. An exception may be granted if the Consultant is in overnight travel status
but does not claim lodging expenses when an alternative accommodation arrangement (for example,
a shared short-term rental) is detailed and demonstrates cost-savings compared to standard lodging.
11.6. TRAVEL REIMBURSEMENT FORM: The standard ARDOT form for the Consultant’s travel must be
attached to invoices when reimbursement for lodging and meals is claimed or requested.
11.7. MAXIMUM DAILY ALLOWANCE FOR MEALS AND LODGING: Compensations shall be made at
the mileage reimbursement and standard meal and lodging rates set forth in by the General Services
Administration’s (GSA) Federal Travel Directory. GSA at the time of travel.
11.8. FULL TRAVEL DAY REIMBURSEMENT: The Project Sponsor shall pay, and ARDOT shall
reimburse, no more than the maximum daily reimbursement for actual expenses incurred according
to ARDOT’S policy and procedures.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII WITHHOLDING PAYMENT
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11.9. PARTIAL TRAVEL DAYS: Partial travel days shall be reimbursed based on the traveler’s departure
and return time based on the Standard Rate.
12. WITHHOLDING PAYMENT
12.1. Withholding payment to the Consultant under this provision shall in no way relieve the Consultant of
its obligation to continue to perform services as assigned.
12.2. The Project Sponsor may withhold disputed payments to cover thefollowing:
12.2.1. Third party claim(s) against the Project Sponsor or ARDOT as covered by the
indemnification terms of this Agreement which are the result of the Consultant’s
negligence.
12.2.2. Fraud, over-billing, or overpayment.
12.2.3. Costs not defined in the Task Order including fees for unapproved subcontracts .
12.2.4. Failure to make prompt payments to subcontractors per Agreement and subcontract terms.
12.2.5. Failure to meet the Standard of Care defined in this Agreement.
12.3. By extension, ARDOT reserves the right to withhold reimbursement to the Project Sponsor for
payments made to the Consultant if any of the conditions under which the Project Sponsor may
withhold payment from the Consultant apply. Consequently, it is the responsibility of the Project
Sponsor to diligently uphold its obligation to ensure its payments to the Consultant comply with
funding requirements to avoid potential loss of anticipated reimbursement and future funding
opportunities.
13. STOP WORK ORDERS
13.1. At any time, ARDOT or the Project Sponsor, in coordination with ARDOT, may issue a written order
to the Consultant requiring a temporary suspension of all or part of the work assigned under this
Agreement. This suspension may last for a period of up to 90 days or longer if mutually agreed upon
by the parties. Upon receipt of such an order, the Consultant shall promptly comply and take all
reasonable steps to minimize costs associated with the suspended work during the suspension
period.
13.2. During the suspension period, ARDOT or the Project Sponsor, in coordination with ARDOT, will
determine whether to:
13.2.1. Cancel the stop work order and direct the Consultant to resume work; or
13.2.2. Terminate the work in accordance with the Agreement’s termination provisions.
13.3. If the stop work order is canceled or its period (including any agreed extensions) expires, the
Consultant shall promptly resume the work. If the suspension was not due to the Consultant’s default
under the Agreement, and it results in additional time or costs for the Consultant to perform its
obligations, ARDOT will make an equitable adjustment to the delivery schedule, fee, or both. Any
such adjustments will be formalized by Supplemental Agreement.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII COMMENCEMENT, TERM, AND COMPLETION
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13.4. The Consultant must comply with the Agreement's requirements for notifying ARDOT of potential
claims or disputes resulting from a stop work order.
14. COMMENCEMENT, TERM, AND COMPLETION
14.1. Notwithstanding the date of execution or signature, this Agreement shall not become effective until
formal Notice to Proceed is issued. The effective date of this Agreement shall be the date specified
in the Notice to Proceed.
14.2. This Agreement shall commence on the effective date set forth and remain in effect until the
completion of the Consultant’s services issued as Task Orders under this Agreement.
14.3. Task Orders may be issued under the terms of this Agreement beginning on the effective date set
forth. The termination date and final date for execution of Task Order s under this Agreement is
DECEMBER 31, 2028.
14.4. The Consultant shall commence work according to the schedule detailed in each Task Order
schedule within ten (10) business days after receiving written Notice to Proceed.
14.5. If services are specified to be performed in phases, each subsequent phase will begin upon written
approval of the preceding phase by ARDOT, the Project Sponsor, or both, as detailed in the Task
Order.
14.6. The Consultant shall not be entitled to compensation for services performed for any Task Order,
Supplemental Agreement, or phase without prior notice to proceed by the authority or authorities
detailed in this Agreement.
14.7. Time is of material consideration in the performance of Task Order services under this Agreement.
The Consultant shall adhere to the schedule and completion date detailed in the Task Order. ARDOT
and the Project Sponsor, as applicable, will provide necessary approvals in a timely manner.
15. FUNDING LIMITATIONS
15.1. The obligations of ARDOT and the Project Sponsor under this Agreement are contingent upon the
availability of appropriated funds from which payments can be made during the current and
subsequent fiscal years for the duration of this Agreement. This includes funds appropriated by the
State of Arkansas and those provided by the United States or other funding sources.
15.2. No legal liability on the part of ARDOT, the Project Sponsor, or any other participating entity shall
arise under this Agreement until sufficient funds are appropriated, allocated, and made available for
the performance of the services outlined herein. ARDOT and the Project Sponsor reserve the right
to modify, suspend, or terminate this Agreement or any associated Task Orders if sufficient funding
is not appropriated or becomes unavailable for any reason, including changes to Federal, State, or
local funding levels.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII TERMINATION
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16. TERMINATION
16.1. ARDOT may terminate this Agreement, or any individual Task Order, in whole or in part, for its
convenience or due to the Consultant's default. Termination will be initiated by written notice to the
Consultant.
16.2. The Project Sponsor in coordination with ARDOT may terminate an individual Task Order.
16.3. Upon receiving notice of termination, the Consultant shall:
16.3.1. Immediately discontinue all affected services, unless otherwise directed in the notice.
16.3.2. Deliver to ARDOT or the Project Sponsor, as applicable, all materials, information, and
documents related to the Agreement or Task Order, whether completed or in progress.
16.3.3. Terminate subcontracts to the extent they pertain to the terminated work.
16.3.4. If requested by ARDOT, assign all rights, title, and interest in terminated subcontracts to
ARDOT, allowing ARDOT to resolve any claims or disputes arising from those
subcontracts without waiving its own claims against the Consultant.
16.3.5. Settle any outstanding liabilities from terminated subcontracts, with ARDOT's approval or
ratification, provided the costs are allowable under the Agreement.
16.3.6. Continue performing any work not included in the termination.
16.3.7. Take necessary actions, or those directed by ARDOT, to protect and preserve property
related to the Agreement that is in the Consultant's possession and in which ARDOT has
or may acquire an interest.
16.4. If the termination is for ARDOT’s or the Project Sponsor's convenience, ARDOT shall pay the
Consultant for work performed through the effective termination date. ARDOT may also reimburse
the Consultant for reasonable expenses incurred because of the termination, such as demobilization
and personnel reassignment, as determined by ARDOT.This adjustment will not include anticipated
fees or profits for unperformed work.
16.5. If the termination is due to the Consultant’s default, ARDOT may complete the work through other
means, and the Consultant will be liable for any additional costs incurred by ARDOT due to the
default.
16.6. Disputes or claims resulting from a termination will be addressed in accordance the Disputes and
Claims section of this Agreement.
16.7. The rights and remedies provided to ARDOT and the Project Sponsor in this section are in addition
to any other rights or remedies available under the Agreement or by law and do not constitute a
waiver of any such rights or remedies.
17. CHANGES
17.1. ARDOT may, at any time and by written order, request changes within the general scope of this
Agreement or an assigned Task Order through a Supplemental Agreement.
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17.2. All changes to Task Order services directed by the Project Sponsor shall be coordinated with ARDOT
and are subject to mutual agreement among the parties. No change requested by the Project
Sponsor shall take effect until it has been approved in writing by ARDOT through a Supplemental
Agreement. The Consultant shall not proceed with any Project Sponsor-directed changes until Notice
to Proceed has been given.
17.3. If any such change causes an increase or decrease in the cost or time required for the performance
of any part of the work under this Agreement or an assigned Task Order, ARDOT or the Project
Sponsor shall make an equitable adjustment through a Supplemental Agreement to:
17.3.1. The estimated cost, delivery or completion schedule, or both.
17.3.2. The amount of any fee.
17.3.3. Other affected terms of the Agreement or Task Order.
17.4. All claims and disputes arising from such changes shall be governed by the Disputes and Claims
Section of this Agreement, which requires the Consultant to provide written notice of its intention to
make a claim for additional compensation before beginning any work related to the claim. Failure to
provide such notice constitutes a waiver of any claim for additional compensation.
17.5. Failure to reach agreement on any adjustment shall be considered a dispute under the Disputes and
Claims Section of this Agreement. However, nothing in this section or any other provision of this
Agreement shall excuse the Consultant from proceeding with t he Agreement or Task Order as
modified by the Supplemental Agreement.
18. DISPUTES AND CLAIMS
18.1. In coordination with ARDOT representatives, the Project Sponsor and Consultant shall make all
reasonable efforts to resolve disputes informally.
18.2. NOTICE OF POTENTIAL CLAIM: If a dispute cannot be resolved informally, the Consultant shall
submit formal written notice to ARDOT's Assistant Chief Engineer and the Project Sponsor's
Representative stating its intention to make a claim for additional compensation before beginning the
work that gives rise to the claim.
18.3. FORM AND CONTENT OF CLAIMS: All disputes and claims shall sufficiently detail the basis for
entitlement and the actual allowable costs incurred including:
18.3.1. A detailed factual statement of the claim, providing all necessary dates, locations, and
items of work affected by the claim.
18.3.2. The date the actions resulting in the claim occurred or the conditions resulting in the claim
became evident.
18.3.3. A copy of the “Notice of Potential Claim.”
18.3.4. The name, title, and activity of each ARDOT or Project Sponsor employee knowledgeable
about the facts that gave rise to the claim.
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18.3.5. The name, title, and activity of each Consultant, Subconsultant, or employee
knowledgeable about the facts that gave rise to the claim.
18.3.6. The specific provisions of the Agreement or Task Order that support the claim and a
statement explaining why those provisions support the claim.
18.3.7. The identification and substance of any relevant documents, items, or oral communications
related to the claim.
18.3.8. A statement specifying whether the claim is based on provisions of the Agreement or an
alleged breach of the Agreement.
18.3.9. If an extension of time is sought, the specific number of days requested and the basis for
the extension.
18.3.10. The amount of additional compensation sought, including a specific cost breakdown of the
amount claimed.
18.3.11. Any other relevant information or documents.
18.4. DECISION: ARDOT shall coordinate closely with the Project Sponsor’s Representative in reviewing
and resolving claims in consideration of the Project Sponsor’s interests as a party to the Agreement,
Federal requirements, and State regulations. ARDOT’s Assistant Chief Engineer shall issue a
decision on the claim after carefully considering the Project Sponsor’s position and consulting with
the Project Sponsor’s Representative.
18.5. APPEAL: If the Consultant receives an adverse decision from ARDOT's Assistant Chief Engineer,
the Consultant may submit the claim in writing to ARDOT's Chief Engineer within 60 calendar days
from the date of the Assistant Chief Engineer’s decision.
18.6. FINAL DECISION BY ARDOT: The decision of ARDOT's Chief Engineer shall be final and
conclusive unless the Consultant files an appeal with the Arkansas State Claims Commission within
60 calendar days of the Chief Engineer’s decision. The Consultant shall be afforded an opportunity
to be heard and present evidence before the Claims Commission, in accordance with the rules and
regulations of the Claims Commission, including Ark. Code Ann. § 19-10-302, which requires pursuit
and exhaustion of remedies against responsible third parties and insurance coverage .
18.7. CONTINUED PERFORMANCE: Pending the final resolution of a dispute or claim, unless ARDOT
has terminated this Agreement under the Termination section or issued a stop work order under the
Stop Work section, the Consultant shall proceed diligently with performance in accordance with
ARDOT’s decisions and any directives issued under the applicable Task Order.
18.8. NONEXCLUSIVE REMEDIES: The rights and remedies provided to ARDOT in this section are
supplemental to, and do not limit, any other rights or remedies provided by law or under this
Agreement. ARDOT may, at its sole discretion, receive and act upon a proposal, dispute, or claim
submitted at any time before final payment under this Agreement.
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19. INTELLECTUAL PROPERTY
19.1. OWNERSHIP OF DOCUMENTS AND DATA: Except for any pre-existing intellectual property, all
project documents and data, regardless of form and including but not limited to original drawings,
CADD files, cross-sections, estimates, calculations, reports, survey data, GIS files, inspection logs,
field notes, as-built records, and other technical, digital, administrative, or construction-related
materials produced under this Agreement, shall be transmitted to ARDOT or the Project Sponsor, as
applicable.
19.2. RECORDKEEPING: The Consultant may retain reproduced copies of all documents and data for
its records. If any patent rights or copyrights are created as part of this Agreement or any Task Order,
ARDOT and/or the Project Sponsor shall have a perpetual, irrevocable, royalty-free license to use
such documents, data compilations, or other work products for their intended purposes. Any use of
the Consultant’s work product by ARDOT or the Project Sponsor for purposes other than those
intended under this Agreement shall be at no risk to the Consultant.
19.3. INTELLECTUAL PROPERTY WARRANTY AND INDEMNIFICATION: The Consultant warrants
that any documents, data, models, software, or other work products provided under this Agreement
(collectively, "Deliverables") do not infringe upon any patent, copyright, trademark, trade secret, or
other intellectual property rights of third parties. The Consultant further warrants that all Deliverables
comply with applicable licensing agreements, open-source software requirements, and proprietary
software usage terms.
19.4. COPYRIGHT INFRINGEMENT: In the event of an actual or alleged infringement claim related to
the Deliverables, the Consultant shall, at its sole expense and in coordination with ARDOT or the
Project Sponsor, take one or more of the following actions as necessary to resolve the claim and
ensure continued, uninterrupted use of the Deliverables by ARDOT or the Project Sponsor:
19.4.1. Obtain for ARDOT or the Project Sponsor a license or other rights necessary to continue
using the affected Deliverables.
19.4.2. Replace or modify the affected Deliverables to eliminate the infringement while maintaining
equivalent functionality, quality, and compliance with project requirements.
19.4.3. Indemnify ARDOT or the Project Sponsor: Indemnify and hold harmless ARDOT or the
Project Sponsor against any costs, damages, settlements, or legal expenses incurred as
a result of such claims, to the extent permitted by applicable law.
20. RECORDS AND AUDITS
20.1. RECORDS: The Consultant shall maintain records sufficient to properly reflect all costs (direct and
indirect) claimed or anticipated in the performance of this Agreement. ARDOT, the Project Sponsor,
the FHWA, and their authorized representatives shall have the right to examine and audit these
records. This includes records related to the determination or certification of the Indirect Cost Rate,
including any independent CPA audit or certification relied upon to establish the rate, and records
relevant to the performance of this Agreement.
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20.2. INDIRECT COST RATE: The Consultant is required to submit CPA-audited Indirect Cost Rate
reports annually, corresponding to the Consultant’s fiscal year. Indirect Cost Rate approval for
specific Task Orders under this Agreement may be tied to the audit of the fiscal year applicable to
the performance period of the Task Order. ARDOT, the Project Sponsor, FHWA, or their
representatives may examine and audit records related to the applicable fiscal year audit to confirm
the accuracy and applicability of the approved Indirect Cost Rate for the associated Task Orders.
Current ARDOT Indirect Cost Rate Requirements can be found on the Department’s webpage.
20.3. EXAMINATION: These rights also include inspection of the Consultant’s offices and facilities
involved in performing the Agreement during reasonable business hours with advance notice of five
(5) business days. If the Consultant submits data in connection with any action under this
Agreement—such as negotiations, cost reimbursement requests, payment requests, adjustments,
or claims—ARDOT, the Project Sponsor, FHWA, and their representatives shall have the right to
examine and audit all related records. This includes, but is not limited to:
20.3.1. Determination or certification of the Indirect Cost Rate, including the CPA audit for the
applicable fiscal year.
20.3.2. Proposals for the Agreement, subcontracts, or modifications.
20.3.3. Negotiations and discussions on proposals.
20.3.4. Fees or allowable costs.
20.3.5. Performance under the Agreement or any subcontract.
20.3.6. The basis and amounts of any claims or disputes.
20.4. REPORTS: If the Consultant is required to furnish cost, funding, or performance reports, ARDOT,
the Project Sponsor, FHWA, or their representatives may audit supporting records to evaluate the
effectiveness of the Consultant’s policies and the accuracy of reported data.
20.5. RECORD RETENTION: The Consultant shall retain all records, materials, and other evidence
described herein for a minimum of five (5) years after the final payment under this Agreement, or
longer if required by statute or other Agreement provisions. Additionally:
20.5.1. If the Agreement is fully or partially terminated, records related to the terminated work shall
be retained for five (5) years following termination.
20.5.2. Records pertaining to claims, disputes, litigation, or settlement of claims shall be retained
until all such matters, including appeals, are resolved.
20.6. AVAILABILITY: These records shall be made available at the Consultant’s offices for examination,
audit, or reproduction during normal business hours, with at least five (5) business days' prior notice,
as required by ARDOT, the Project Sponsor, FHWA, or their authorized representative.
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21. BANKRUPTCY
21.1. In the event the Consultant enters bankruptcy proceedings, whether voluntary or involuntary, the
Consultant shall furnish written notice of the bankruptcy to ARDOT by certified mail. This notice must
be provided within five (5) calendar days of the initiation of such proceedings. The notice shall
include:
21.1.1. The date on which the bankruptcy petition was filed.
21.1.2. The identity of the court in which the bankruptcy petition was filed.
21.1.3. A listing of all ARDOT job numbers, Federal-Aid Project (FAP) numbers, and Task Orders
under this Agreement for which final payment has not been made.
21.2. This obligation remains in effect until all obligations under this Agreement, including those associated
with Task Orders, have been satisfied, and final payment has been issued.
21.3. In the event of bankruptcy, ARDOT reserves the right to take any action permitted under applicable
Federal and State laws, including but not limited to the suspension or termination of this Agreement
or any Task Order associated with it, to protect the interests of ARDOT and ensure compliance with
funding requirements.
22. EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES
22.1. The Consultant shall not employ or make an offer of employment, for regular or part -time work related
to any ARDOT or Project Sponsor projects under this Agreement, to any individual who:
22.1.1. Is a current ARDOT or Project Sponsor Employee.
22.1.2. Is a former employee of ARDOT or the Project Sponsor who, at any time during their
employment, participated personally and substantially in any matter related to this
Agreement through decision, approval, disapproval, recommendation, rendering of advice,
investigation, or otherwise.
22.1.3. Is a former employee of ARDOT or the Project Sponsor within 12 months of their
separation from employment and will knowingly act as a principal or agent on matters that
were within their official responsibilities during their ARDOT or Project Sponsor
employment.
22.1.4. Is a former employee of ARDOT or the Project Sponsor within 12 months of separation,
who engages in selling or attempting to sell commodities, technical services, or
professional consultant services to ARDOT or the Project Sponsor under this Agreement,
unless the individual’s last annual salary at ARDOT or the Project Sponsor did not exceed
ten thousand five hundred dollars ($10,500).
22.1.5. Is a former employee of ARDOT or the Project Sponsor who was terminated for cause or
allowed to resign/retire in lieu of termination for cause.
22.1.6. Is acting as a principal or agent on behalf of any person disqualified under this section.
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22.2. AVOIDING CONFLICTS OF INTEREST: This section is not intended to preclude former ARDOT or
Project Sponsor employees from accepting employment with the Consultant solely because the
Consultant has entered into this Agreement.
22.2.1. The Consultant is responsible for ensuring that no former employee of ARDOT or the
Project Sponsor engages in activities that would violate the public trust.
22.2.2. The Consultant shall proactively identify, disclose, and mitigate potential conflicts of
interest to ensure compliance with this section, prioritizing the best interests of the public
and maintaining the integrity of the services provided under this Agreem ent.
23. SUCCESSORS AND ASSIGNS
23.1. This Agreement shall be binding upon ARDOT, the Project Sponsor, the Consultant, and their
respective successors, assigns, and legal representatives. Except as otherwise provided in this
Agreement, no party may assign, delegate, or transfer any rights, obligations, or benefits under this
Agreement without the prior written consent of the other parties, which consent shall not be
unreasonably withheld. Any unauthorized assignment or transfer shall be null and void.
23.1.1. Nothing in this section shall be construed to:
• Waive any immunity, defense, or protection afforded to ARDOT, the Project Sponsor,
or any other governmental entity that is a party to this Agreement under applicable
laws; or
• Create or impose personal liability on any officer, agent, or employee of ARDOT, the
Project Sponsor, or any other governmental entity involved in the Agreement, beyond
the scope of their official duties.
23.2. Any permitted assignment or delegation of this Agreement shall not relieve the assigning or
delegating party of its obligations under this Agreement unless expressly agreed in writing by the
other parties.
24. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY
24.1. The parties mutually recognize that Arkansas is a sovereign State subject to the provisions of the
Arkansas Constitution and State law. Nothing in this contract shall be interpreted or construed to
waive any legal defense which may be available to a party or any exemption, limitation or exception
which may be provided by the respective laws. Any claims brought against ArDOT are under the
exclusive jurisdiction of the Arkansas State Claims Commission.
24.2. The Consultant shall hold harmless and indemnify ARDOT, its officers, employees, agents, and any
other governmental agencies with an interest in the project, from all claims and liabilities arising out
of any negligent acts, errors, or omissions in the services performed under this Agreement by the
Consultant, its subcontractors, their agents, or employees.
24.3. No director, officer, manager, employee, agent, assign, or representative of ARDOT shall be
personally liable to the Consultant under this Agreement for any breach, act, or omission related to
its execution or performance.
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MICHAEL BAKER INTERNATIONAL, INC.
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24.4. The parties agree that the Consultant shall operate as an independent consultant of ARDOT. The
Consultant shall be solely responsible for any acts or omissions by its agents, employees, or
subcontractors in connection with this Agreement. No action or direction by ARDOT shall be
construed as exercising supervision or control over the Consultant’s performance.
25. INSURANCE REQUIREMENTS
25.1. PROFESSIONAL LIABILITY INSURANCE COVERAGE: The Consultant shall maintain, at all times
during the performance of services under this Agreement, professional liability insurance covering
negligent errors, omissions, and negligent acts caused by the performance of professional services
under this Agreement. Coverage shall not be less than five (5) times the original Contract Ceiling
Price or $2,000,000 per claim and aggregate, whichever is less.
25.2. SUBCONSULTANT COVERAGE: This insurance shall extend to Subconsultants to the extent
detailed in the Subcontracting section including provisions for the transfer of liability for
Subconsultant negligence, errors, and omissions to the Subconsultant.
25.3. DEDUCTIBLE: The Consultant may maintain a professional liability insurance policy with a
deductible clause, provided the deductible amount is approved by ARDOT, and the Consultant
demonstrates sufficient financial resources to cover potential liability equal to the deductible amount.
Failure to maintain adequate financial resources or comply with deductible obligations may result in
Default under this Agreement.
25.4. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE: The Consultant shall
maintain, at all times during the term of this Agreement, Workers’ Compensation and Employer’s
Liability Insurance as required under Arkansas law. Subconsultants shall also maintain this coverage
as detailed in the Subcontracting section.
25.5. AUTOMOBILE AND GENERAL LIABILITY INSURANCE: The Consultant shall maintain
commercial general liability and automobile liability insurance with minimum coverage limits of
$1,000,000 per occurrence and $2,000,000 in aggregate. This insurance shall extend to
Subconsultants as outlined in the Subcontracting section.
25.6. VALUABLE PAPERS INSURANCE AND ELECTRONIC DATA PROCESSING INSURANCE: The
Consultant shall maintain insurance coverage for both Valuable Papers and Electronic Data
Processing (EDP) to cover costs associated with repairing, restoring, or replacing physical or
electronic documents required by ARDOT, including data stored on cloud platforms. This coverage
shall also extend to Subconsultants as required under the provisions for Subcontracting section of
this Agreement.
25.7. CERTIFICATES OF INSURANCE: The Consultant shall provide ARDOT with certificates of
insurance evidencing all required policies before the execution of this Agreement and upon renewal
of any policy.
25.8. PRIMARY COVERAGE: All insurance maintained by the Consultant shall be primary to and non -
contributory with any coverage maintained by ARDOT or the Project Sponsor.
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25.9. DURATION OF INSURANCE OBLIGATIONS: The Consultant shall maintain professional liability
insurance coverage required under this Agreement in force for a period of no less than five (5) years
following the final acceptance of the project or the completion of the Consultant's services under this
Agreement, whichever occurs later. Commercial General Liability Insurance and Valuable Papers
Insurance coverage shall remain in effect until the later of final acceptance of the project or
completion of the Consultant’s services. All other insurance shall be maintained until the earlier of
final acceptance or the completion of the Consultant's services under this Agreement.
25.10. ADDITIONAL INSURANCE REQUIREMENTS: All insurance maintained by the Consultant
pursuant to this section shall be issued by insurance companies authorized to do business in
Arkansas, in a form and substance satisfactory to ARDOT. Policies shall provide that the insurance
will not be subject to cancellation, termination, or reduction in coverage limits except upon thirty (30)
days prior written notice to ARDOT. If such notice cannot be provided and the insurance is canceled,
terminated, or altered during its term, the Consultant shall ensure continual coverage by securing
replacement insurance effective immediately upon the expiration of the existing policy. In the
absence of immediate replacement coverage, the Consultant shall assume full financial responsibility
for any claims arising during the gap in coverage.
25.11. ADDITIONAL INSURED: All required liability insurance policies, except for professional liability,
workers' compensation, and valuable papers insurance maintained by the Consultant, shall include
ARDOT, its officers, directors, managers, employees, agents, assigns, and representatives as
additional insureds. Additionally, all property damage insurance policies maintained under this
Agreement shall include a waiver of subrogation in favor of ARDOT.
26. SUBCONTRACTING
26.1. APPROVAL OF SUBCONSULTANTS: The Consultant may not subcontract any services under this
Agreement without prior written approval from ARDOT. All Subconsultants must be addedthrough
an approved and executed subcontract. Subconsultants shall be bound by the terms of this
Agreement and all applicable Federal and State laws.
26.2. Unless otherwise specified in the written consent or approval, ARDOT’s consent to any subcontract
or approval of the Consultant’s purchasing system does not constitute a determination of the
acceptability of subcontract terms or conditions, the acceptability of any subcontract price or
payments, or a waiver of the Consultant’s responsibilities or obligations under this Agreement.
26.3. No subcontract under this Agreement shall provide for payment on a cost -plus-a-percentage-of-cost
basis. Any fee payable under cost-reimbursement subcontracts must not exceed the fee limitations
outlined in FAR.
26.4. Reimbursement or payment for any markup of subcontract costs will not be considered without the
express written agreement of ARDOT.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII SUBCONTRACTING
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26.5. PROMPT PAYMENT: The Consultant must pay subconsultants for satisfactory performance of their
subcontracts within 30 days of receiving payment from ARDOT or the Project Sponsor. Retainage
payments held by the Consultant must be returned to the subconsultant within 30 days after the
subconsultant’s work is completed. Failure to comply with this provision constitutes a Default by the
Consultant. If the Consultant fails to make timely payments to subconsultants, ARDOT or the Project
Sponsor may, at its sole discretion:
26.5.1. Make payments directly to the subconsultant and offset those payments, including
administrative costs, against amounts otherwise due to the Consultant.
26.5.2. Notify any sureties.
26.5.3. Withhold payments due to the Consultant until satisfactory arrangements for prompt
payment to subconsultants are made.
26.6. SUBCONSULTANT INSURANCE AND LIABILITY REQUIREMENTS: Subconsultants shall
maintain insurance coverage consistent with the following minimum requirements:
26.6.1. Professional Liability Insurance: Not less than $1,000,000 per claim and aggregate, or as
otherwise specified in the subcontract.
26.6.2. Commercial General Liability and Automobile Liability Insurance : Limits not less than
$1,000,000 per occurrence.
26.6.3. Workers’ Compensation and Employer’s Liability Insurance: As required by Arkansas law.
26.6.4. Subconsultants shall assume primary responsibility for all claims, damages, or losses
caused by their negligence, errors, or omissions. This includes indemnifying ARDOT, the
Project Sponsor, and the Consultant as required under the subcontract.
26.6.5. The Consultant shall verify that Subconsultants maintain the required insurance coverage
and shall provide evidence of such verification to ARDOT upon request.
26.7. PAYMENT AND AUDIT REQUIREMENTS: The Consultant shall pay Subconsultants for satisfactory
performance within 30 days of receiving payment from ARDOT. Any retainage must be paid within
30 days of the Subconsultant completing its work.
26.8. All Subconsultants shall comply with contractual and legal restrictions concerning payment and
determination of allowable costs and shall be subject to disclosure and audit provisions under this
Agreement and applicable laws.
26.9. INDEMNIFICATION BY SUBCONSULTANTS: Subconsultants shall indemnify and hold harmless
ARDOT, the Project Sponsor, and the Consultant for any claims, damages, or losses arising out of
their own negligence, errors, or omissions, to the extent covered by the required insurance.
26.10. INCORPORATION OF AGREEMENT TERMS: The Consultant shall include a clause in all
subcontracts incorporating the provisions of this section, including but not limited to:
26.10.1. Insurance requirements.
26.10.2. Prompt payment provisions.
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26.10.3. Indemnification obligations.
26.10.4. Audit and payment restrictions.
26.11. Failure to enforce these provisions with Subconsultants may result in Default under this Agreement,
and ARDOT may withhold payments to the Consultant or pursue other remedies as necessary
deliverables.
27. STANDARD OF CARE
27.1. ACCEPTANCE: The act by which an authorized representative approves specific services as partial
or complete performance under this Agreement.
27.2. CORRECTION: The elimination of a defect.
27.3. The Consultant warrants that all services performed and work products delivered under this
Agreement will, at the time of acceptance, conform to the requirements of this Agreement, meet the
reasonable satisfaction of ARDOT or the Project Sponsor, and adhere to prevailing industry
standards, including standards of conduct, care, format, and content.
27.4. If the Consultant is required to correct or re-perform any services due to failure to abide by the
Standard of Care, it shall do so at no additional cost to ARDOT or the Project Sponsor beyond the
Contract Price. Services that are corrected or re -performed by the Consultant are subject to this
warranty to the same extent as the original work. Should the Consultant fail or refuse to correct or
re-perform the services, ARDOT or the Project Sponsor may, by contract or other means, correct or
replace the services with similar work and charge the Consultant for the resulting costs, or make an
equitable adjustment to the Contract Price.
27.5. If ARDOT or the Project Sponsor elects not to require correction or re-performance, ARDOT or the
Project Sponsor may make an equitable adjustment to the Contract Price instead.
27.6. Nothing in this section constitutes a waiver or exclusion of any other rights or remedies available to
ARDOT or the Project Sponsor under this Agreement or by law.
27.7. FORCE MAJEURE CLAUSE:Neither party to this Agreement shall be liable for any delay direct or
indirect in performance caused by an unforeseen event such as acts of God, acts of governmental
authorities, extraordinary weather conditions or other natural catastrophes, or any othe r cause
beyond the reasonable control or contemplation of either party beyond such party’s reasonable
control. Each party will take reasonable steps to mitigate the impact of any force majeure.
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MICHAEL BAKER INTERNATIONAL, INC.
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CERTIFICATIONS
28. DEBARMENT AND SUSPENSION
28.1. Certification is provided per 48 CFR § 9.4 that:
28.1.1. The Consultant and its principals are not presently debarred, suspended, proposed for
debarment, or declared ineligible for Federal or State contracts.
28.1.2. The Consultant and its principals have not been convicted or had a civil judgment rendered
for fraud, antitrust violations, or related criminal offenses in connection with public contracts
in the past three (3) years.
28.1.3. The Consultant and its principals have not had any contracts terminated for Default by a
Federal or State agency.
29. CERTIFICATION OF COMPLIANCE WITH APPLICABLE LAWS
29.1. The Consultant certifies its compliance with all Federal, State, and local laws, regulations, codes,
and ordinances applicable to work performed under contracts with ARDOT, including but not limited
to:
29.1.1. The Americans with Disabilities Act (ADA).
29.1.2. The Occupational Safety and Health Act (OSHA).
29.1.3. Section 504 of the Rehabilitation Act.
29.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform
Act).
29.1.5. This Agreement shall be governed by the laws of the State of Arkansas without
consideration of its choice of law provisions.
29.1.6. In the event of conflicting provisions of law, the interpretation shall be governed by the
following in this order, from most controlling to least: Federal law and regulations, Arkansas
law and regulations, Department and FHWA Design Standards, and this Agreement.
29.2. All compliance requirements will be extended to all subcontractors through inclusion of these terms
in subcontracts.
29.3. No financial or ownership interest, nor agreements or fees outside of allowable Federal Acquisition
Regulation (FAR) standards, have been or will be entered into in connection with this contract.
29.4. All known material changes affecting the firm's ownership, organization, or indirect cost rates have
been disclosed except as here expressly stated (if any).
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII Certification of Compliance with Arkansas Law
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30. CERTIFICATION OF COMPLIANCE WITH ARKANSAS LAW
30.1. Pursuant to Arkansas law, the consultant certifies current and ongoing compliance in all contracts
with ARDOT.
30.1.1. The Consultant does not and will not boycott Israel (Arkansas Code § 25-1-503).
30.1.2. The Consultant does not and will not contract with illegal immigrants (Arkansas Code § 19-
11-105).
30.1.3. The Consultant does not and will not boycott Energy, Fossil Fuel, Firearms, or Ammunition
Industries (Arkansas Code § 25-1-1102).
30.1.4. The Consultant is not, nor will employ as a subcontractor, a Scrutinized Company owned
in whole or majority by the People’s Republic of China (Arkansas Code 1203).
31. NONDISCRIMINATION STATEMENT
31.1. The Consultant certifies compliance with all Federal civil rights provisions, ensuring no discrimination
based on race, sex, color, age, national origin, or disability in its programs, activities, hiring, or
employment practices.
31.1.1. The Consultant will include a Notice of Nondiscrimination Statement in all solicitations and
procurements.
31.1.2. The Consultant will provide all required reports and grant ARDOT access to demonstrate
compliance.
31.1.3. Complaints of discrimination or inquiries about policies may be directed to the Civil Rights
Office Contact listed in this certification.
32. CONFLICTS OF INTEREST
32.1. The Consultant certifies that:
32.1.1. Neither the Consultant nor its principals have financial or ownership interests in the work
associated with the contract.
32.1.2. The Consultant and its principals hold no financial interest in agency decisions related to
the contract.
32.1.3. The Consultant will disclose any conflicts of interest, fraud, waste, or abuse that may arise
during the Agreement term.
32.1.4. The Consultant will not enter into agreements or guarantees for work beyond this contract,
except as expressly defined within the Agreement.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII ATTESTATION
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33. ATTESTATION
33.1. The Consultant’s Representative, on behalf of the Consultant and to the best of their knowledge and
ability, certifies that all commitments made under this Agreement comply with the obligations and
requirements set forth in the Agreement.
33.2. The Consultant will shall provide immediate written notice to ARDOT if assurance provided by
certification is found to have been erroneous when submitted or becomes erroneous due to changed
circumstances.
33.3. The Consultant certifications provided herein are a material representation of fact relied upon during
the contract award process. If the Consultant knowingly submitted an erroneous certification, ARDOT
reserves the right to terminate the contract and pursue any remedies available.No Federal funds
have been or will be paid to influence any Federal agency officer, Member of Congress, or
Congressional employee.
33.4. If non-Federal funds have been used for such purposes, Standard Form-LLL, “Disclosure Form to
Report Lobbying,” will be submitted.
34. CERTIFICATION DETAILS
AUTHORIZED REPRESENTATIVE:
Mike Stengel
Vice President
CORPORATE HEADQUARTERS:
500 Grant Street, Suite 5400
Pittsburgh, Pennsylvania 15219
EEO CONTACT:
Laurel Demattia
laurel.demattia@mbakerintl.com
813-466-6006
ARKANSAS BUSINESS ENTITY FILING NO
100108327
ON-CALL LP (2025-2028)
MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII CERTIFICATION OF ARKANSAS STATE HIGHWAY COMMISSION
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35. CERTIFICATION OF ARKANSAS STATE HIGHWAY COMMISSION
35.1. The Director of the Arkansas Department of Transportation certifies that neither the aforementioned
consulting firm nor its representative has not been required, either directly or indirectly, as a condition
for obtaining or executing this contract, to:
35.1.1. Employ or retain any firm or person, or agree to do so.
35.1.2. Pay or agree to pay any fees, contributions, donations, or any other form of consideration
to any firm, person, or organization.
35.1.3. Except as expressly stated herein (if applicable).
36. EXECUTION
All notices, approvals, requests, consents, or other communications required or permitted under this
Agreement shall be addressed to either ARDOT’s Assistant Chief Engineer–Program Delivery or the
Consultant’s Representative, and mailed or hand-delivered to:
MICHAEL BAKER INTERNATIONAL, INC. ARKANSAS DEPARTMENT OF
TRANSPORTATION
Mike Stengel, Vice President 10324 Interstate 30
3425 North Futrall Drive, Suite 101 Post Office Box 2261
Fayetteville, Arkansas 72703 Little Rock, AR 72203
mhstengel@mbakerintl.com consultantcontracts@ardot.gov
IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out
herein.
MICHAEL BAKER INTERNATIONAL, INC. ARKANSAS DEPARTMENT OF
TRANSPORTATION
By:________________________________
Mike Stengel
Vice President
By:________________________________
Jared Wiley, P.E.
Director
Disclaimer: This contract is being electronically signed.The DocExpress Document Signing History will be located on
the final page of the executed contract.This document will have all dates and electronic signatures applicable to the
execution of this contract.
ON-CALL LP (2025-2028)
MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII EXECUTION
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NOTICE OF NONDISCRIMINATION
ARDOT complies with all civil rights provisions of Federal statutes and related authorities that prohibit discrimination in
programs and activities receiving Federal financial assistance. Therefore, ARDOT does not discriminate on the basis of race, sex,
color, age, national origin, religion (not applicable as a protected group under the FMCSA Title VI Program), disability, Lim ited
English Proficiency (LEP), or low-income status in the admission, access to and treatment in ARDOT’s programs and activities, as
well as ARDOT’s hiring or employment practices. Complaints of alleged discrimination and inquiries regarding ARDOT’s
nondiscrimination policies may be directed to Civil Rights Officer Joanna P. McFadden (ADA/504/Title VI Coordinator), P. O. B ox
2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: Joanna.McFadden@ARDOT.gov.
Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the
ADA/504/Title VI Coordinator in large print, on audiotape, and in Braille.
ON-CALL LP (2025-2028)
MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII GENERAL SCOPE OF WORK
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GENERAL SCOPE OF WORK
The services outlined in this scope of work are designed to support ARDOT and its local partners in
delivering transportation-related projects funded through a variety of competitive grant and funding programs.
These programs include, but are not limited to:
• Intersection Improvement Program (IIP)
• Local Bridge Program
• National Electric Vehicle Infrastructure (NEVI) Program
• Public Transportation Federal Programs
• Recreational Trails Program (RTP)
• Transportation Alternatives Program (TAP)
• Safety Improvement Programs
Additional programs and initiatives may be incorporated as needed to address evolving statewide and
local transportation priorities. The Agreement is intended to engage Consultants in a flexible and modular
framework, enabling ARDOT and its local partners to deliver projects tailored to the specific requirements of
various programs. This approach ensures compliance with all applicable Federal, State, and local standards
while maintaining the adaptability necessary to meet diverse project needs. Consultants are expected to
deliver innovative and customized solutions that address the unique challenges of local, regional, and
statewide transportation projects.
There is no expectation that a single consultant will have the capacity or capability to perform all services
outlined in this scope. Task Orders will be assigned to selected consultants based on compliance with the
Federal Acquisition Regulation (FAR), the capacity of the consultant to meet the project’s needs, their
geographic proximity to the project location, and their ability to provide specialized services. While some firms
may possess the resources to perform all or most services, this agreement is d esigned to allow certain
services to be issued as Task Orders when ARDOT or the Project Sponsor can perform other portions of the
required work in-house.Services included in Task Orders will be based on project-specific needs.
Consultants are expected to provide innovative, adaptable solutions that address the unique challenges of
transportation needs at the local, regional, and statewide levels.
SUBCONSULTANT PARTICIPATION: Consultants may propose the use of subconsultants included
in the response to this solicitation or as needs arise during the performance of the Agreement. Subconsultants
must be approved by ARDOT, and subcontracted work must be included in Task Orders with a Subconsultant
Agreement. Subconsultants may be incorporated in the Master Agreement if their services are anticipated
for multiple Task Orders, or in specific Task Orders as applicable for projects requiring additional experience..
SUBCONSULTANT COMPLIANCE: Subconsultants are expected to adhere to all terms and conditions
of the Master Agreement, including compliance with Federal, State, and local regulations. It is the
responsibility of the primary consultant to ensure that subconsultants comply with these terms and that their
participation aligns with the regulations governing the Agreement.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII ENGINEERING AND DESIGN SERVICES
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TASK ORDER ASSIGNMENT: Individual Task Orders will define the detailed scope of work for each
project and may include additional requests for qualifications among consultants selected under this
Agreement. This process ensures that services are matched to the most qualified firm for the specific
requirements of each Task Order, maintaining transparency and alignment with procurement regulations.
Examples of potential Scopes of Work are available upon request from the Consultant Contracts Division.
1. ENGINEERING AND DESIGN SERVICES
1.1. FEASIBILITY STUDIES: Conduct site analyses, viability assessments, cost-benefit analyses, and
risk assessments with mitigation strategies. These studies evaluate the practicality and potential
success of proposed projects while identifying risks and opportunities.
1.2. ROADWAY DESIGN: Prepare preliminary and final plans, including geometric alignments and
pavement designs. Deliver design packages that adhere to ARDOT and/or local design standards
for on- and off-system facilities.
1.3. BRIDGE DESIGN: Perform structural analysis, hydrology, and hydraulics assessments. Provide
detailed construction drawings, stamped engineering plans, and load rating reports. Ensure designs
comply with ARDOT and Project Sponsor-specified standards.
1.4. RIGHT OF WAY PLAN PREPARATION: Develop right of way plans and detailed legal property
descriptions to support appraisals and acquisitions. These plans ensure smooth project progression
for highway and local infrastructure initiatives.
1.5. TRAFFIC ENGINEERING: Deliver services including traffic signalization, flow analysis, and
transportation management planning. Prepare deliverables such as signal warrants, conceptual
layouts, and final signalization plans in compliance with ARDOT or Project Sponsor standards.
1.6. ENVIRONMENTAL STUDIES: Prepare documentation for compliance with environmental
regulations, including erosion control plans and permit applications. Ensure all work aligns with NEPA
requirements and other environmental guidelines.
1.7. SURVEYING AND MAPPING: Conduct field data collection, boundary surveys, and create digital
terrain models. Provide deliverables in formats compatible with ARDOT systems or tailored to Project
Sponsor requirements for off-system facilities.
1.8. INTELLIGENT TRANSPORTATION SYSTEMS: Design and integrate advanced traffic control
systems and roadway lighting. Ensure deliverables address ARDOT standards and, where
applicable, local Intelligent Transportation Systems (ITS) requirements.
1.9. CONSTRUCTION SUPPORT: Provide construction-phase assistance, including shop drawing
reviews, construction activity inspections, and implementation of design modifications. Consultants
are expected to supply stamped recommendations and comments as needed.
1.10. REGULATORY COMPLIANCE SUPPORT: Offer advisory services to ensure compliance with
applicable laws, regulations, and standards. This includes preparing risk assessments, regulatory
guidance memos, and contract reviews to enhance project design and documentation.
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1.11. DESIGN REVIEW AND QUALITY ASSURANCE: Perform independent reviews of plans and
deliverables to confirm alignment with program goals, technical standards, and regulatory
requirements. For off-system facilities, ensure compliance with local specifications and ARDOT
oversight as applicable.
2. RIGHT OF WAY SERVICES
The Consultant shall provide professional services to support ARDOT and Project Sponsors in the
acquisition, management, and coordination of right of way (ROW) activities for transportation-related projects.
These services shall be performed in compliance with all applicable Federal, State, and local regulations,
ensuring the efficient and lawful execution of ROW tasks required for project delivery.
2.1. ADMINISTRATIVE SERVICES: Provide oversight and coordination of all right of way acquisition
activities. Ensure adherence to applicable Federal, State, and local requirements, including
compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act.
2.2. TITLE AND CLOSING SERVICES: Conduct title research, secure clear titles, and facilitate the
closing process for property acquisitions. Prepare and maintain documentation necessary to
establish property ownership and conveyance.
2.3. APPRAISAL SERVICES: Perform initial property appraisals and prepare appraisal updates as
required to support project development. Ensure appraisals meet relevant standards and
methodologies.
2.4. APPRAISAL REVIEW SERVICES: Review initial appraisals and subsequent updates to ensure
technical accuracy, adherence to Federal and State appraisal standards, and compliance with
applicable guidelines.
2.5. NEGOTIATIONS AND VALUATION SERVICES: Conduct property acquisition negotiations,
including preparing and reviewing waiver valuations. Provide technically accurate documentation of
negotiations and valuations for compliance and reporting purposes.
2.6. RELOCATION ASSISTANCE SERVICES: Aid displaced property owners and tenants in
accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act.
Prepare relocation plans, calculate benefits, and coordinate necessary services.
2.7. PROPERTY MANAGEMENT SERVICES: Manage properties acquired for highway or local
infrastructure projects. Services include property rental, maintenance, and the disposal of surplus
properties in compliance with State and Federal requirements.
2.8. UTILITY COORDINATION SERVICES: Facilitate the coordination of utility relocation efforts.
Conduct conflict assessments, prepare utility relocation plans and schedules, communicate with
utility providers, and deliver final utility coordination reports to ARDOT or the Project Sponsor.
3. PLANNING SERVICES
The Consultant shall provide professional planning services to support ARDOT and Project Sponsors
in the development, assessment, and implementation of transportation -related plans and programs. These
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2025LP00-MBII NEPA SUPPORT SERVICES
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services aim to address local, regional, and statewide transportation needs while ensuring alignment with
applicable Federal, State, and local standards.
3.1. LOCAL OR REGIONAL PLANNING: Develop strategic, high-level transportation plans that address
system-wide goals, objectives, and implementation strategies. Examples of services include the
creation of master street plans, active transportation plans, and metropolitan transportation pla ns.
These services emphasize long-term visioning and coordination to meet regional mobility and
connectivity goals.
3.2. TRANSIT STUDIES AND PLAN DEVELOPMENT: Conduct studies to support public transportation
programs, ensuring compliance with Federal Transit Administration (FTA) requirements.
Deliverables may include transit feasibility studies, service optimization plans, and multimodal
integration strategies tailored to meet Federal standards and local needs.
3.3. CORRIDOR PLANNING STUDIES: Perform corridor evaluations ranging from broad assessments
to detailed improvement studies. Services include traffic operations analysis, conceptual design
layouts, and recommendations to enhance corridor safety, capacity, and functionality. These studies
identify viable solutions to support efficient transportation system development.
3.4. GRANT PREPARATION ASSISTANCE: Provide comprehensive support for securing
transportation funding by preparing grant application packages, conducting funding analyses and
feasibility reports, compiling required supporting documentation, and coordinating with funding
agencies. Services focus on maximizing funding opportunities and ensuring alignment with
requirements for competitive grant programs.
4. NEPA SUPPORT SERVICES
The Consultant shall provide professional services to support ARDOT and its local partners in achieving
environmental compliance and securing necessary clearances for transportation projects to meet the
requirements of the National Environmental Policy Act (NEPA) and other Federal, State, and local
environmental regulations. Coordination with agencies, public involvement efforts, and preparation of
associated reports, maps, and environmental documents.
4.1. ENVIRONMENTAL SURVEYS AND DATA COLLECTION: Conduct surveys and collect data
related to air and noise quality, water resources, ecological communities, cultural resources, and
other impact areas. This includes assessments of wetlands, endangered species habitats,
community impacts, and secondary and cumulative effects.
4.2. ENVIRONMENTAL CONSTRAINTS MAPPING: Develop detailed environmental constraints maps
using geodatabase formats compatible with ARDOT systems to identify and document potential
impacts within project areas.
4.3. NEPA DOCUMENTATION: Prepare required NEPA documents, including Categorical Exclusions
(CEs), Environmental Assessments (EAs), and Environmental Impact Statements (EISs). This
includes supporting documentation such as purpose and need statements, cultural resource surveys,
wetlands delineations, noise studies, and Section 4(f)/6(f) evaluations.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII SURVEYING
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4.4. PUBLIC INVOLVEMENT: Develop and implement public involvement strategies, including hosting
public meetings and hearings, preparing outreach materials, managing public comments, and
ensuring compliance with Title VI and Environmental Justice requirements.
4.5. AGENCY COORDINATION: Assist in coordinating with Federal, State, and local agencies, including
FHWA, U.S. Fish and Wildlife Service (USFWS), State Historic Preservation Office (SHPO), and
tribal governments, to address regulatory requirements such as Section 7 consultations, Section 106
reviews, and Clean Water Act permits.
4.6. ALTERNATIVES ANALYSIS: Analyze and evaluate location and design alternatives for
environmental impacts to support the selection of preferred alternatives.
4.7. PERMIT APPLICATIONS AND MITIGATION PLANNING: Prepare and submit necessary permits,
including Section 401/404 permits, and develop mitigation plans to address unavoidable project
impacts.
4.8. FONSI/ROD DOCUMENTATION: If required, prepare and submit Finding of No Significant Impact
(FONSI) or Record of Decision (ROD) documentation based on public input and consultation with
ARDOT and FHWA.
5. SURVEYING
The Consultant shall provide professional surveying and mapping services to support ARDOT and its
local partners in delivering transportation projects. These services include the collection, processing, and
delivery of accurate spatial data and documentation essential to project development. All work must adhere
to ARDOT standards and applicable Federal, State, and local guidelines.
5.1. CONTROL SURVEYS: Establish and process control networks to support project design and
construction. This includes tasks such as primary and secondary baseline control, vertical control,
and remote sensing control to ensure accuracy and consistency in spatial data.
5.2. DESIGN SURVEYS: Provide detailed data collection and processing for design purposes, including
aerial image acquisition, photogrammetric mapping, LiDAR data acquisition and quality assurance,
and subsurface utility engineering (SUE). Deliverables include topographic and terrain data, utility
field surveys, and digital terrain models for use in project design.
5.3. LAND SURVEYS: Conduct property and boundary surveys, right-of-way staking and monumenting,
and preparation of final plats. These surveys support property acquisition, legal documentation, and
construction layout.
5.4. TOPOGRAPHIC SURVEYS: Perform detailed topographic surveys for roadway and site design,
including the collection of elevation and feature data necessary for accurate design and construction
planning.
5.5. GEODETIC CONTROL SURVEYS: Establish geodetic control networks tied to state and national
coordinate systems to provide a reliable framework for project mapping and construction.
5.6. BOUNDARY AND PROPERTY SURVEYS: Prepare parcel surveys, conduct title searches, and
provide documentation for property boundaries and easements to support right -of-way acquisition
and land use planning.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII GEOTECHNICAL SERVICES
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5.7. DATA PROCESSING AND MAPPING: Compile and process field data into deliverables such as
digital survey maps, CAD files, ortho-rectified images, and other project-specific mapping products.
5.8. DELIVERABLES: Provide complete and technically accurate survey data and documentation,
including 100% of requested surveys by the agreed submittal date. Deliverables may include digital
terrain models, survey maps, CAD files, geodatabase files, soil testing results, and lab reports, as
applicable to the project.
6. GEOTECHNICAL SERVICES
Geotechnical services encompass a range of investigations, analyses, designs, and recommendations
tailored to the specific requirements of ARDOT and Project Sponsors. These services ensure compliance
with applicable regulations, governing specifications, local needs, and industry standards. Geotechnical
services may be assigned under individual Task Orders or as part of broader Engineering and Design
Services Task Orders. Consultants are expected to allocate adequate resources to complete all assigned
tasks and deliver high-quality reports and recommendations within specified timelines.
6.1. SUBSURFACE INVESTIGATIONS: Conduct detailed field investigations to assess soil and rock
conditions. These tasks include standard penetration testing (SPT), cone penetration testing (CPT),
and comprehensive soil surveys, performed in adherence to ARDOT guidelines.
6.2. GEOTECHNICAL SITE INVESTIGATION REPORTS: Prepare comprehensive reports summarizing
findings from field and laboratory investigations. Reports may include boring logs, seismic
classifications, response spectra, liquefaction potential assessments, laboratory test results, and
recommendations for foundations, embankments, and slope stability.
6.3. GEOTECHNICAL DESIGN AND RECOMMENDATIONS: Provide engineering analyses and
recommendations for infrastructure projects, including:
6.3.1. Foundations for bridges, retaining walls, and mechanically stabilized earth (MSE) walls.
6.3.2. Slope stabilization and landslide mitigation strategies, including remediation for slopes
impacted by natural disasters.
6.3.3. Erosion control structures and embankments tailored for roadway and recreational
infrastructure.
6.4. GEOPHYSICAL STUDIES: Conduct advanced geophysical investigations to evaluate subsurface
conditions, identify geotechnical risks, and address challenges like poor drainage or erosion -prone
areas.
6.5. MONITORING AND INSTRUMENTATION: Install and monitor geotechnical devices to evaluate soil
and structural behavior during construction or as part of long -term performance assessments.
6.6. LABORATORY TESTING: Perform detailed laboratory analyses of disturbed and undisturbed soil
and rock samples to support design and construction efforts. Include specialized testing for projects
such as trails or structures with unique geotechnical requirements.
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MICHAEL BAKER INTERNATIONAL, INC.
2025LP00-MBII CONSTRUCTION INSPECTION SERVICES
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6.7. FORENSIC INVESTIGATIONS AND REMEDIATION: Analyze geotechnical failures, such as
landslides, erosion, or settlement, and develop remediation strategies. This includes assessments
of damage to trail or recreational infrastructure caused by environmental factors.
6.8. FOUNDATION AND RETAINING WALL DESIGN: Provide detailed designs for foundations
supporting trail bridges, elevated paths, and other trail-related structures. Designs may include pile
foundations, gabion walls, and reinforced concrete solutions.
6.9. SPECIALIZED TRAIL DESIGN SERVICES: Address geotechnical challenges specific to trail
projects, including evaluations of alignment through wetlands, erosion -prone zones, and steep
slopes. Deliverables include surface stability recommendations, drainage solutions, and designs for
low-impact foundations.
6.10. SLOPE STABILIZATION AND REPAIR: Develop and implement strategies to stabilize roadway
and trail slopes using techniques such as soil nails, geosynthetics, drainage systems, and vegetation
management.
6.11. EMERGENCY GEOTECHNICAL SERVICES: Provide rapid response for assessments following
natural disasters or unforeseen events. Deliver recommendations for both temporary and permanent
remediation solutions.
6.12. CLEARING AND SURVEYING FOR BORING ACCESS: Perform clearing and surveying as required
to facilitate access to boring locations for geotechnical investigations.
6.13. COORDINATION AND MEETINGS: Attend coordination meetings with ARDOT Materials Division
or Project Sponsors before site visits and the initiation of field operations to align expectations and
project requirements.
6.14. GEOTECHNICAL SERVICES FOR RECREATIONAL TRAILS: Offer tailored geotechnical
evaluations for trails, addressing issues such as landslide mitigation, wetland crossings, and erosion-
resistant trail surfaces. Provide recommendations for low-maintenance designs that minimize
environmental impacts.
7. CONSTRUCTION INSPECTION SERVICES
The Consultant shall provide comprehensive construction engineering and inspection (CEI) services to
support ARDOT and its local partners in ensuring that transportation projects are constructed in substantial
conformance with plans, specifications, and applicable standards. These services encompass all aspects of
construction management, oversight, and quality assura nce, and may be assigned under individual Task
Orders tailored to project-specific needs.
7.1. CONSTRUCTION MANAGEMENT AND OVERSIGHT: Coordinate with ARDOT, Project Sponsors,
and contractors to ensure project requirements, budgets, and schedules are met. Act as an extension
of ARDOT or the Project Sponsor for construction-related tasks.
7.2. SURVEY CONTROL: Verify and establish control points and baselines. Conduct quantity
computations and quality control under the supervision of a licensed surveyor.
7.3. INSPECTION AND TESTING: Perform on-site inspections and testing of materials to ensure
compliance. Provide certified personnel and timely test results.
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7.4. MEASUREMENT AND VERIFICATION OF QUANTITIES: Measure, document, and verify job
quantities for pay items to ensure accuracy.
7.5. PREPARATION AND REVIEW OF PAY APPLICATIONS: Assist in preparing and reviewing pay
estimates using specialized software, such as AASHTOWare, or other Project Sponsor-specified
programs.
7.6. ENGINEERING SUPPORT: Provide design-related solutions, review contract changes, and resolve
construction issues.
8. DELIVERABLES AND PROJECT -SPECIFIC SERVICES
8.1. DELIVERABLES STANDARD OF CARE: Deliverables for all services performed under this
Agreement shall be tailored to meet the unique requirements of each Task Order issued. The
Consultants are responsible for ensuring that all deliverables are complete, technically accurate, and
fully compliant with applicable Federal, State, and local standards. The following general guidelines
apply to the preparation and submission of deliverables under this Agreement:
8.1.1. All deliverables must be submitted in the format specified within the relevant Task Order
or as required by ARDOT or the Local Public Agency (Project Sponsor).
8.1.2. Consultants must adhere to applicable guidelines, including ARDOT, FHWA, and other
Federal or state agency standards, for technical documents, engineering plans,
environmental assessments, and other required outputs.
8.1.3. Unless otherwise directed, digital deliverables shall be provided in editable formats such
as CAD, GIS-compatible files, and standard office software formats, ensuring compatibility
with ARDOT and Project Sponsor systems.
8.2. TIMELINESS AND QUALITY ASSURANCE: Deliverables must be completed within the timelines
established in individual Task Orders. Delays must be communicated promptly and accompanied by
a revised schedule for approval. Consultants must implement quality control measures to ensure all
submissions meet or exceed the expectations defined in each Task Order.
8.3. COORDINATION AND COMMUNICATION: Consultants shall maintain open communication with
ARDOT and/or Project Sponsor representatives throughout the duration of assigned projects.
Regular updates and coordination meetings may be required to ensure project alignment and
progress. Task Order-specific requirements, such as coordination with third parties (e.g., utility
companies, regulatory agencies, or local stakeholders), shall be fully documented and managed to
avoid disruptions to project schedules.
8.4. SUBCONSULTANT CONTRIBUTIONS: Deliverables produced by subconsultants must meet the
same standards of quality and compliance as those prepared by the primary consultant. It is the
responsibility of the primary consultant to oversee subconsultant work and ensure its integration into
the overall project deliverables.
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8.5. PROJECT-SPECIFIC NEEDS AND ADJUSTMENTS: Each Task Order may include project-specific
requirements that expand upon or deviate from the general scopes of work outlined in this
Agreement.In the event of any discrepancy, the Task Order Scope of Work shall take precedence.
Consultants must review Task Order details thoroughly and adjust methodologies and deliverables
accordingly. Additional scopes, unforeseen challenges, or new initiatives may be incorporated into
Task Orders at ARDOT’s discretion. Consultants should anticipate flexibility and adaptability in
addressing such needs.
8.6. FINAL DELIVERABLE REVIEW AND ACCEPTANCE: All final deliverables shall undergo a formal
review process by ARDOT and/or the Project Sponsor. Consultants are expected to address
comments or requested revisions promptly to achieve final acceptance. Consultants may be required
to provide ongoing support to ARDOT or the Project Sponsor after final submission, including
clarification of methodologies, provision of additional documentation, or adjustments to deliverables
to ensure project success.
Doc Express® Document Signing Histor y
Contract: CC - On-Call Local Federal Aid Projects (2025-2028) - Michael Baker
International, Inc. Document: 2025LP00-MBII
Date Signed By
02/10/2025
Mike Stengel
Michael Baker International, Inc.
Electronic Signature
(Signed by Consultant)
02/10/2025
Jessica Jackson
Arkansas Department of Transportation
Electronic Signature
(Reviewed by Consultant Contracts Division Head)
02/10/2025
David Siskowski
Arkansas Department of Transportation
Electronic Signature
(Reviewed by Division)
02/12/2025
Keli Wylie
Arkansas Department of Transportation
Electronic Signature
(Reviewed by ACE)
02/13/2025
Jessie Jones
Arkansas Department of Transportation
Electronic Signature
(Reviewed by Chief Engineer)
02/18/2025
Jared Wiley
Arkansas Department of Transportation
Electronic Signature
(Signed by Director)
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO
Implementation of Job 040966, I-49/Stephen Carr Memorial Blvd. Intchng. Impvts.
(Fayetteville) (S) (hereinafter called the "Project") as a Federal -aid Surface Transportation
Block Grant Program — Attributable (STBGP>200K) project.
WHEREAS, funding in Infrastructure Investment and Jobs Act (IIJA) includes the following
Federal -aid funds for certain local projects:
Maximum
Minimum
Federal %
Sponsor %
Preliminary Engineering by Consultant
80
20
Right of Way/Utilities
80
20
Construction
80
20
Construction Engineering by Consultant
80
20
Department Administrative Costs
80
20
WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire
to use Federal -aid funds for the eligible Project and to provide necessary matching cash share for
such funds; and
WHEREAS, the Sponsor has transmitted to the Arkansas Department of Transportation
(hereinafter called the "Department") Resolution No. 67-24 from the Sponsor's governing body
authorizing the Sponsor's Chief Executive Officer (CEO) to execute agreements and contracts
with the Department for the Project; and
WHEREAS, the Northwest Arkansas Regional Planning Commission (hereinafter called the
"Commission") awarded the Sponsor Federal -aid STBGP>200K funds; and
WHEREAS, funding participation will be subject to a limit of $650,000 maximum Federal -aid
STBGP>200K funds for the design and environmental phases of the Project and obligation
limitation approved; and
WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
WHEREAS, it is understood that the Sponsor and the Department will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business
Enterprises (DBEs) (Form LPA-001) and that, as part of these requirements, the Department may
set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and
related to the potential availability of DBEs in desired areas of expertise; and
WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual
(available at ARDOT.gov) which outlines procedures and requirements which must be followed
during development and construction of the Project; and
WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this
agreement are not intended to create or confer a third party benefit or right in any person or
entity, not a party to this agreement.
IT IS HEREBY AGREED that the Sponsor, Commission, and the Department, in cooperation
with the Federal Highway Administration (FHWA), will participate in a cooperative program for
implementation and will accept the responsibilities and assigned duties as described hereinafter.
THE SPONSOR WILL:
1. Notify the Department in writing who the Sponsor designates as its full-time employee to be
in responsible charge of the day to day oversight of the Project (Form LPA-005). If the
designated full-time employee changes, the Sponsor must notify the Department by
resubmitting Form LPA-005. The duties and functions of this person are:
• Oversee project activities, including those dealing with cost, time, adherence to contract
requirements, construction quality and scope of Federal -aid projects;
• Maintain familiarity of day to day project operations, including project safety issues;
• Make or participate in decisions about changed conditions or scope changes that require
change orders and/or supplemental agreements;
• During construction, visit and review the project on a daily basis;
• Review financial processes, transactions, and documentation to ensure that safeguards are
in place to minimize fraud, waste, and abuse;
• Direct project staff, Sponsor or consultant, to carry out project administration and
contract oversight, including proper documentation;
• Be aware of the qualifications, assignments and on-the-job performance of the Sponsor
and consultant staff at all stages of the project.
2. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid
funds for Department administrative costs associated with state preliminary engineering,
which include but are not limited to, on site meetings, environmental review, and plan and
specification review. The Sponsor's final cost for this phase will be determined by actual
Department charges to preliminary engineering.
3. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local
Agency Consultant Selection Procedures (Form LPA-002) to provide engineering services
which include environmental documentation, preliminary engineering, and construction
engineering for the Project. NOTE: FHWA authorization and Department approval
must be given prior to issuing a work order to the consultant for federal funds to be
allowed in this phase.
-2-
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
4. Prepare plans, specifications, and a cost estimate for construction. A registered professional
engineer must sign the plans and specifications for the Project. (See Form LPA-003 for
items to be included in the bid proposal.)
5. Make periodic payments to the consultant for preliminary engineering for the Project and
request reimbursement from the Department. Reimbursement requests should be submitted,
at minimum, every three (3) months and not more than once per month.
6. Request reimbursement from the Department for eligible expenditures related to the
preconstruction phases of the Project.
7. Understand that expenditures for preliminary or construction engineering performed by
the Sponsor's forces are not eligible for reimbursement with federal funds.
8. Prepare the necessary environmental documentation as required by FHWA and conduct any
required public involvement meetings and public hearings.
9. Ensure that the plans and specifications are developed using the Department's standard
drawings and Standard Specifications for Highway Construction (latest edition).
10. Ensure that the plans and specifications comply with, the Americans with, Disabilities Act
(ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations, including
airport clearance, when necessary, for the type of work involved.
11. Before acquiring property or relocating utilities, contact the Department's Right of Way
Division to obtain the procedures for acquiring right of way and adjusting utilities in
compliance with federal regulations. NOTE: Failure to notify the Department prior to
initiating these phases of work may result in all project expenditures being declared
non -participating in federal funds.
12. Acquire property in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act").
13. Ensure the preparation of utility adjustment and right of way plans are in accordance with
Arkansas State Highway Commission Policy.
14. Be responsible for all non -reimbursable costs associated with the Sponsor owned utilities as
defined in the Department's Utility Accommodation Policy.
15. Be responsible for the matching share for all reimbursable costs associated with the Sponsor
owned utilities as defined in the Department's Utility Accommodation Policy.
16. Provide a copy of the registered deed'or other approved documentation and an appropriate
certification stating the Sponsor's clear and unencumbered title to any right of way to be used
for the Project (Form LPA-007). If property has been acquired for the Project, use
Form LPA-006 for certification of the right of way. NOTE: Any property that is to
become Department right of way must be acquired in the Department's name.
17. Submit plans at 30%, 60%, and 90% completion stages for Department review.
-3-
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
18. Submit a certification letter (Form LPA-008), including all items noted, to the Department
when requesting authority to advertise the Project for construction bids.
19. Advertise for bids in accordance with federal procedures as shown in Form LPA-010.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
20. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
21. After'bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in
Award (Form LPA-013), including all items noted, to the Department.
22. Prior to awarding the construction contract, submit a check for $1,000 (20%) to be matched
by $4,000 (80%) Federal -aid funds for Department administrative costs on the Project during
construction. The Sponsor's final share of cost for this phase will be determined by actual
Department charges to construction engineering.
23. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a
pre -construction meeting with the Contractor and must invite the Department's Resident
Engineer assigned to the Project.
24. Ensure that all work, material testing and acceptance, and inspection are conducted in
accordance with the Department's Standard Specifications for Highway Construction (latest
edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual
and with the plans, specifications, and all other applicable FHWA and Department
procedures for the Project.
25. Make periodic payments to the consultant for construction engineering for the Project and
request reimbursement from the Department. Reimbursement requests should be submitted,
at minimum, every three (3) months and not more than once per month.
26. Make payments to the contractor for work accomplished in accordance with the plans and
specifications and then request reimbursement from the Department on the Construction
Certification and Reimbursement Request (CCRR) form (Form LPA-014). Reimbursement
requests should be submitted, at minimum, every three (3) months and not more than once
per month.
27. Attach LPA Report of Daily Work Performed (Form LPA-015) for all days that correspond
with each CCRR submittal.
28. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the
Department's Resident Engineer assigned to the Project for review and approval for program
eligibility.
29. Upon completion of the Project, hold a final acceptance meeting for the Project and submit
the LPA .Final Acceptance Report form certifying that the Project was accomplished in
accordance with the plans and specifications (Form LPA-016). This form must be signed by
the engineer performing construction inspection on the Project, the Department's Resident
Engineer assigned to the Project, the Sponsor's full-time employee in responsible charge, and
the Sponsor's CEO.
IQ
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
30. Maintain accounting records to adequately support reimbursement with Federal -aid funds
and be responsible for the inspection, measurement and documentation of pay items, and
certification of all work in accordance with the plans and specifications for the Project and
for monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
31. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof.
32. Agree that any and all claims for damages to property or injury to persons caused by any act
or omission, negligence, or misconduct from the performance of work by the Sponsor's
contractor on the Project shall be the sole responsibility of the Sponsor's contractor and in
this regard the Sponsor shall require the contractor on the Project to procure and maintain a
General Public Liability Insurance Policy during the duration of the Project which shall be
endorsed to include broad form general liability and complete operations coverage on the
Project. The contractor shall furnish the Sponsor with documentation of proof of liability
insurance coverage with submission of the signed contract.
33. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising
from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or
contractors in the performance of the Project and this Agreement must be presented to the
Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and
the Arkansas State Highway Commission, as the pass -through entity, have no duty or
responsibility for the design, construction, maintenance or operation of the Project that is the
subject of this grant, and, therefore shall have no liability related to the design, construction,
maintenance or operation of the Project. The Sponsor also agrees to assume all risks
associated with the work to be performed by its agents, employees, and contractors under this
grant and Agreement and the Department and the Arkansas State Highway Commission, as
the pass -through entity, shall not be responsible or liable for any damages whatsoever from
the actions of the Sponsor, its employees, agents and contractors.
34. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
35. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 2 CFR Part 200 — Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017).
36. Grant the right of access to the Sponsor's records pertinent to the Project and the right to
audit by the Department and FHWA officials.
-5-
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
37. Be responsible for 100% of all project costs incurred:
• should the Project not be completed as specified;
• should the Project be declared non -participating in federal funds, including any such
award by the State Claims Commission; or
• not provided by the FHWA.
38. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Form LPA-018), which is necessary for Project participation.
39. Repay to the Department the federal share of the cost of any portion of the Project if, for any
reason, federal participation is removed due to actions or inactions of the Sponsor, its agents,
its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such
actions or inactions shall include, but are not limited to, federal non -participation arising
from problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures.
40. Retain total, direct control over the Project throughout the life of all project improvements
outside of the Department's right of way and not, without prior approval from the
Department:
• sell, transfer, or otherwise abandon any portion of the Project;
• change the intended use of the Project;
• make significant alterations to any improvements constructed with Federal -aid funds;
or
• cease maintenance or operation of a project due to the Project's obsolescence.
41. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations and ordinances as necessary to ensure this. Failure to adequately
maintain and operate the Project in accordance with Federal -aid requirements may result in
the Sponsor's repayment of federal funds and may result in withholding all future Federal -
aid.
42. Submit to the Department a Single Audit in accordance with the Office of Management and
Budget (OMB) Circular A-133 each fiscal year that the Sponsor expends more than $750,000
of Federal -aid from any federal source including, but not limited to, the U.S. Department of
Transportation. The fiscal year used for the reporting is based on the Sponsor's fiscal year.
The $750,000 threshold is subject to change after OMB periodic reviews.
43. Promptly notify the Department if the Project improvements outside of the Department's
right of way are rendered unfit for continued use by natural disaster or other cause.
44. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Form LPA-019).
45. After each quarter of the calendar year, complete and transmit to the Department the LPA
Project Quarterly Report Form (Form LPA-020) until the Project is complete.
rol
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
THE COMMISSION WILL:
1. Provide up to $650,000 in Federal -aid STBGP>200K funds for the design and environmental
phases of the Project as funds become available.
THE DEPARTMENT WILL:
1. Maintain an administrative file for the Project and be responsible for administering
Federal -aid funds.
2. Review plans and specifications submitted by the Sponsor.
3. Reimburse the Sponsor 80% (Federal -aid share) for all eligible costs related to
preconstruction phases of the Project.
4. Notify the Sponsor when right of way and/or utility plans are approved, and the Sponsor may
proceed with right of way acquisition and/or utility adjustments.
5. Upon receipt of the Sponsor's certification of right of way (property) ownership, provide the
appropriate documentation to the file.
6. Ensure substantial compliance with federal contracting requirements through review of the
bidding proposal for inclusion of required federal forms, review of the administration of the
DBE program provisions, and general compliance with 23 CFR 635.
7. Advise the Sponsor when to proceed with advertisement of the Project for construction bids.
8. Review bid tabulations and concur in award of the construction contract for the Project.
9. Ensure that the Sponsor and the Sponsor's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the Sponsor's
representatives and their consultant to verify that the work being performed by the Sponsor's
contractor, and documented and certified by the Sponsor, meets the requirements of the
Project plans, specifications, and all applicable FHWA and Department procedures. The
Department intends to perform these inspections, at a minimum, when the construction work
is approximately 10% and 50% completed. The Department will also participate in the final
inspection of the Project.
10. Review and approve any necessary change orders for project/program eligibility.
11. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in
the CCRR form (Form LPA-014). This reimbursement will be limited to the maximum
Federal -aid amount and to the federal amount available at the time payment is requested. If
the payment requested exceeds the Federal -aid available at the time, the difference will be
reimbursed as additional Federal -aid for the Project becomes available.
12. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the
remaining amount due upon completion of the Project and submittal of the certified LPA
Final Acceptance Report form (Form LPA-016).
13. Provide all form updates via email to the contact as shown on Form LPA-005
14. Be reimbursed for costs involved in performing all the services listed above.
-7-
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
IT IS FURTHER AGREED that the Department reserves the right to cancel the Project without
liability against the Department for any reason including, but not limited to, unreasonable delay
or lack of progress, the Sponsor is unable to provide an audit -worthy reason for the substantial
delay in the project development or completion process, or the Sponsor is unresponsive to the
Department's requests.
IT IS FURTHER AGREED that should the
assigned duties as related in this Agreement,
receiving future Federal -aid highway funds.
Sponsor fail to fulfill its responsibilities and
such failure may disqualify the Sponsor from
IT IS FURTHER AGREED that should the Sponsor fail to pay to the Department any required
funds due for project implementation or fail to complete the Project as specified in this
Agreement, or fail to adequately maintain or operate the Project, the Department may cause such
funds as may be required to be withheld from the Sponsor's Motor Fuel Tax allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this 29th
day of January 2024
-8-
Agreemem ofUndemtardnsg Betwam the City ofraymevdle. the Northwest Arkansas Regional Planning Commissar.
and the Arkansas Departmem of `F n portaoon
Agreement of Understanding between:
The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas
Department of Transportation relative to:
Implementation of the 149 & Stephen Carr Memorial Boulevard Interchange Improvements
Project.
Kit Williams
Attorney
Signatories
CITY OF FAYETTEVILLE
la
12/04/2024
Date
12/04/2024
Date
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
Agreement of Understanding between:
The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas
Department of Transportation relative to:
Implementation of the I-49 & Stephen Carr Memorial Boulevard Interchange Improvements
Project.
Signatory
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
Tim Conklin Date
Executive Director
Io
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
Agreement of Understanding between:
The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas
Department of Transportation relative to:
Implementation of the I-49 & Stephen Carr Memorial Boulevard Interchange Improvements
Project.
Signatory
ARKANSAS DEPARTMENT OF TRANSPORTATION
Date
Ali Forms referenced in this Agreement are available in digital format on the
Department's webpage www.ardot.eov/LPA.
ARKANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkar" Department of Transportation (ARDOT) complies with all civil rights provisions of federal statutes and related authorities that
prohibit discrimination in programs and activities receiving federal financial assistance. Therefore. ARDOT does not discriminate on the basis of
race, sex, color, age, manorial origin, religion (not applicable 0 a protected group under the Federal Motor Carrier Safety Administration Title VI
Program), disability, Limited English Protimenry (LEP), or low-income status in the admission, access to and treatment in ARDOT's programs
and activities, as well as ARDOT's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding ARDOT's
nondiscrimination policies may be directed to Civil Rights Officer Joanna P. McFadden (ADA/504/Tide VI Coordinator), P. O. Box 2261. Little
Rock, AR 72203, (501) 569-2298, (VoicefrTY 711), or the following email address: j,,Ama mcfgddc_ r o �m .
Free language assistance for Limited English Proftciem individuals is available upon request -
This notice is available from the ADA/50VTitle VI Coordinator in large print, on audiotape and in Braille.