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HomeMy WebLinkAbout189-26 RESOLUTION Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 189-26 File Number: 2026-2743 A RESOLUTION TO APPROVE TASK ORDER NO. 98 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $409,992.00 FOR CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES ASSOCIATED WITH THE MILLSAP ROAD & COLLEGE AVENUE INTERSECTION AND HEMLOCK AVENUE IMPROVEMENT PROJECT WHEREAS, on July 20, 2021, the City entered into an agreement with Burns & McDonnell Engineering Company, Inc. to design improvements to Millsap Road near the intersection with College Avenue; and WHEREAS, on June 10, 2026, a bid opening for the construction of this project was held and, on July 7th, 2026, the City Council authorized a construction contract with APAC-Central; and WHEREAS, as the design engineer of record for this project, Burns & McDonnell has full knowledge of the project and is best suited to provide construction administration and observation services. 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. 98 with Burns & McDonnell Company, Inc. in the amount of $409,992.00 for construction administration and observation services associated with the Millsap Road & College Avenue Intersection and Hemlock Avenue Improvement project. PASSED and APPROVED on September 1, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-2743 MEETING OF SEPTEMBER 1, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief Information Officer Chris Brown, Public Works Director Justin Bland, City Engineer FROM: Paul Libertini, Staff Engineer SUBJECT: Millsap Rd & College Ave Intersection Improvements – Construction Management Contract with Burns & McDonnell Engineering Company, Inc. RECOMMENDATION: A Resolution to approve Task Order No. 98 with Burns & McDonnell Engineering Company in the amount of $409,992.00 for construction administration & observation services associated with the Millsap Rd & College Ave Intersection and Hemlock Ave Improvement project. BACKGROUND: The bid opening was held on June 10, 2026. A total of one bid was received from APAC-Central, Inc. in the amount of $3,568,811.20. On July 7th, City Council authorized a construction contract with APAC-Central. DISCUSSION: Burns & McDonnell, Inc. is the design engineer of record for this project and currently still under contract with the City. Since they have full knowledge of the road design project, it is fitting for them to provide construction management services to oversee the construction. BUDGET/STAFF IMPACT: The professional services will be paid from the Bond Program Grant Matching fund and the Street Projects 2024 Bonds fund. ACCOUNT PROJECT AMOUNT 4601.860.7227-5860.02 46020.7227 $316,615.00 4802.860.7227-5860.02 46020.7227 $93,377.00 ATTACHMENTS: 3. Staff Review Form, 4. Task Order #98 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-2743 A RESOLUTION TO APPROVE TASK ORDER NO. 98 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $409,992.00 FOR CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES ASSOCIATED WITH THE MILLSAP ROAD & COLLEGE AVENUE INTERSECTION AND HEMLOCK AVENUE IMPROVEMENT PROJECT WHEREAS, on July 20, 2021, the City entered into an agreement with Burns & McDonnell Engineering Company, Inc. to design improvements to Millsap Road near the intersection with College Avenue; and WHEREAS, on June 10, 2026, a bid opening for the construction of this project was held and, on July 7th, 2026, the City Council authorized a construction contract with APAC-Central; and WHEREAS, as the design engineer of record for this project, Burns & McDonnell has full knowledge of the project and is best suited to provide construction administration and observation services. 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. 98 with Burns & McDonnell Company, Inc. in the amount of $409,992.00 for construction administration and observation services associated with the Millsap Road & College Avenue Intersection and Hemlock Avenue Improvement project. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Comments: 2021-00000682Purchase Order Number: Change Order Number:3 Previous Ordinance or Resolution #189-21 Approval Date: Original Contract Number:2021-00000044 46020.7227 Project Number Budget Impact: Millsap/College Intersection Improvements Fund Street Projects 2024 Bonds Bond Program Grant Matching 4802.860.7227-5860.02 4601.860.7227-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2026-2743 Item ID 9/1/2026 City Council Meeting Date - Agenda Item Only A Resolution to approve Task Order No. 98 with Burns & McDonnell Engineering Company in the amount of $409,992.00 for construction administration & observation services associated with the Millsap Rd & College Ave Intersection and Hemlock Ave Improvement project. N/A for Non-Agenda Item Action Recommendation: Submitted By Paul Libertini ENGINEERING (621) Division / Department 8/10/2026 Submitted Date Yes 757,567.00$ 409,992.00$ 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 4,674,878.00$ 3,917,311.00$ Yes No 347,575.00$ 9/01/2026 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 PAGE 1 OF 2 ON-CALL SERVICES LOCAL FEDERAL AID PROJECTS (2025-2028) TASK ORDER NO. 098 JOB NO. 040943 MILLSAP RD./COLLEGE AVE. INTERS. IMPVTS. & N. HEMLOCK AVE. IMPVTS. (FAYETTEVILLE) (S) Date: (See DocExpress Document Signing History) WHEREAS, the Arkansas State Highway Commission (“Commission”) and Burns & McDonnell Engineering Company, Inc. (“Consultant”) entered into a Master Agreement for Engineering Services dated March 6, 2025; and WHEREAS, the Master Agreement contemplates the issuance of Task Order Agreements involving the Commission, the Consultant, and a project sponsor (“Sponsor”); and 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 II 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.CONTRACT TYPE 1.1. This Task Order shall be a Specific Rate of Compensation Agreement, in accordance with the terms of the Master Agreement. 2.CEILING PRICES 2.1. The Total Ceiling Price for this Task Order is $409,992. 2.2. The Title I Ceiling Price is Not Applicable. 2.3. The Title II Ceiling Price is $409,992. 2.4. The Fixed Fee is Not Applicable. 3.INDIRECT COST RATES 3.1. The most recently accepted indirect cost rate at the time of execution is for FY 2024. 3.2. The applicable multiplier is 3.860. 4.ATTACHMENTS 4.1. Attachment A – Scope of Work 4.2. Attachment B – Justification of Costs and Fees 4.3. Attachment C – Master Rates 4.4. Attachment D – Project Schedule Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 ON-CALL LP (2025-2028) JOB 040943, TASK ORDER NO. 098 BURNS & MCDONNELL ENGINEERING CO., INC. PAGE 2 OF 2 5.COMPLETION DATE 5.1. The anticipated completion date for Title II Services is September 1, 2027, or 14 months from Notice to Proceed. 6.CORRESPONDENCE 6.1. The Sponsor, Local Programs Division, and Consultant Contracts Division shall be copied on this task order and all related correspondence. 6.2. The Sponsor’s designated representative for this Task Order is Paul Libertini. 6.3. Invoices shall be submitted to the following: ARDOT: LPA@ardot.gov Sponsor: via Paul Libertini at plibertini@fayetteville-ar.gov 7.EXECUTION IN WITNESS WHEREOF, the parties execute this Task Order, to be effective upon the Date Set Out in DocExpress. BURNS & MCDONNELL ENGINEERING COMPANY, INC. By: _______________________________ Steven Beam Director 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. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 !> IJH71 !(17B L.M. 3.712 L.M. 0.000 L.M. 0.143 IJH71 !(17B FAYETTEVILLE 0 Millsap Rd./College Ave. Inters. Impvts. & N. Hemlock Ave. Impvts. (Fayetteville) (S) MIllsap Rd., College Ave, N. Hemlock AveWashington County Job 040943 PM: PD: jj41577: 3/3/2023 Document Path: \\san1\gis\ProgramsContracts\Sketches\040943\040943.mxd ! N E Sain St Millsap Rd Millsap Rd N F r o n t S t Roadway !>N C o l l e g e A v e N F r o n t S t N C o l l e g e A v e N C o l l e g e A v e Bank of Arkansas UPTOWN CAMPUSWEST (U of A) U of AOFFICE OF THEREGISTRAR SLIMCHICKENSOFFICES CHRISTIANLIFECATHEDRAL E Sain St Job Type Intersection Impvts. N H e m l o c k A v e Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 PAGE 1 OF 7 ON-CALL SERVICES LOCAL FEDERAL AID PROJECTS (2025-2028) TASK ORDER NO. 098 JOB NO. 040943 MILLSAP RD./COLLEGE AVE. INTERS. IMPVTS. (S) & N. HEMLOCK AVE. IMPVTS. (FAYETTVILLE) (S) ATTACHMENT A SCOPE OF WORK DESCRIPTION OF THE PROJECT: This work consists of providing construction administration and observation services to assist the CITY OF FAYETTEVILLE during construction of the project. The ENGINEER’s services do not constitute full-time on- site services and cannot make any guarantees regarding the Contractor’s performance or adherence to the Project requirements. Therefore, it is understood that the CITY OF FAYETTEVILLE’s staff should perform its own inspections. The ENGINEER is not responsible for the accuracy or validity of information provided by the CITY OF FAYETTEVILLE and may rely upon the same without independent verification. ENGINEER does not guarantee the performance of or warrant the work, work product, or deliverables of any of CITY OF FAYETTEVILLE’s separate contractors or designers or subcontractor, or the performance or actions of any third parties impacting, exercising control over, or that have legal, regulatory, permitting, or other jurisdiction involving the project or its participants. ENGINEER’s execution of this scope of work shall not cause ENGINEER to assume any liability for any contractor’s’ failure to perform its work in accordance with its contract documents. In no event shall ENGINEER be responsible for the CITY OF FAYETTEVILLE’s contractor(s)’ failure to comply with any applicable regulatory or state or federal funding requirements (including, but not limited to, compliance with Davis-Bacon Act or prevailing wage requirements), or for such contractor(s)’ defects in the work, which remain the sole responsibility of the CITY OF FAYETTEVILLE’s contractor(s). ENGINEER is not responsible for the direction or supervision of the Contractor. The Contractor is fully responsible for the means and methods of jobsite safety for construction personnel. It is the Construction Contractor’s obligation to enforce adherence to the Federal, State and local laws, rules and regulations concerning construction and jobsite safety. CITY OF FAYETTEVILLE agrees to look solely to its other contractors to assure that they comply with the specifications and performance standards imposed upon those other contractors. CITY OF FAYETTEVILLE will look solely to its other contractors for quality control and quality assurance with respect to those contractors’ scopes of work, specifications and performance standards. Notwithstanding anything herein the contrary, CITY OF FAYETTEVILLE agrees that ENGINEER’s services do not require, obligate, or create the duty of ENGINEER to discover all defects, deficiencies, or problems that may exist in any work that is viewed. CITY OF FAYETTEVILLE agrees that ENGINEER is not being engaged to serve as construction contractor or to provide quality control or assurance in connection with Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 ON-CALL LP SERVICES (2025-2028) JOB 040943, TASK ORDER NO. 098 BURNS & MCDONNELL ENGINEERING CO., INC. SCOPE OF WORK ATTACHMENT A - PAGE 2 OF 7 construction. ENGINEER’s review and observation is limited in scope and duration and neither Party intends ENGINEER to assume any liability to CITY OF FAYETTEVILLE or others for the proper, fabrication, assembly, preparation, or installation of the work. ENGINEER’s observations are limited to readily observable areas of the work. ENGINEER has no obligation to access areas that are inaccessible, enclosed in permanent improvements or equipment, buried, or otherwise obscured. ENGINEER will maintain a safety program solely for its employees and ENGINEER’s subconsultant’s employees. ENGINEER specifically disclaims any authority or responsibility for general jobsite safety and for the safety of persons who are not the employees of ENGINEER or ENGINEER’s subconsultant(s). It is understood and agreed that the ENGINEER will not be responsible for the job safety or site safety of the project and shall not be responsible for compliance with safety programs and related OSHA regulations required to be followed by the Contractor or its employees, Subcontractors, and agents. Jobsite safety shall be the sole responsibility of CITY OF FAYETTEVILLE or its Contractor. ENGINEER is not being retained as an expert witness, and such services are not provided in the absence of a separate agreement written agreement. ENGINEER is not responsible for traffic control implementation (including signage, barricades, flagging operations, lane closures, detours, alternative routing, traffic queue lengths management, travel time analysis, etc.), inspection, maintenance, or compliance with any applicable laws, permits, or regulations. Contractor shall be responsible for all such traffic control activities and related safety measures. ENGINEER’s observations, reviews, assessments, reports, or findings provided hereunder are based solely upon information made available to ENGINEER and conditions observed as of the date and time the services were performed. Construction observation reports, field notes, photographs, and related documentation describe conditions observed by ENGINEER during discrete site visits and are not intended to document all work activities occurring on the Project. Reported observations reflect only those conditions visible and reasonably observable during the time ENGINEER was present on site. Such services constitute a limited snapshot of conditions existing at that particular point in time and are not intended to represent continuous monitoring or ongoing verification of compliance. The sole and exclusive remedy for any unsatisfactory or incomplete performance of Construction Administration and Observation services shall be termination of the services and a refund of fees for services deemed unsatisfactory or incomplete. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 ON-CALL LP SERVICES (2025-2028) JOB 040943, TASK ORDER NO. 098 BURNS & MCDONNELL ENGINEERING CO., INC. SCOPE OF WORK ATTACHMENT A - PAGE 3 OF 7 TITLE II SERVICES TO BE FURNISHED BY THE CONSULTANT 1. PROJECT MANAGEMENT AND CONSTRUCTION ADMINISTRATION 1.1. Assist CITY OF FAYETTEVILLE with review and coordination of construction contract documents, agreement, bonds and certificate of insurance. Distribute copies to CITY OF FAYETTEVILLE, ENGINEER, and contractor. Maintain copies of documents in the project file. CITY OF FAYETTEVILLE shall include in such construction contracts certain applicable terms and conditions to define the respective roles of ENGINEER, CITY OF FAYETTEVILLE, and the construction contractors or otherwise provide certain protections to ENGINEER and CITY OF FAYETTEVILLE. 1.2. Schedule and conduct a pre-construction conference for the Project. Keep meeting notes to generally summarize discussion during the meeting and maintain an attendance log for the meeting. Following the meeting, distribute the meeting notes to all on the attendance log. 1.3. Track, review and maintain a log of up to forty (40) materials submittals and/or shop drawings from the contractor, only for work where the ENGINEER was the Designer of Record. This review is for general conformance to the requirements of the plans and specifications. 1.4. Assist CITY OF FAYETTEVILLE with preparation of the contractor’s Notice to Proceed. 1.5. Assist CITY OF FAYETTEVILLE with evaluation of up to sixty (60) requests received from the Contractor for time extensions, contract changes, requests for information, extra work, and proposals. 1.6. Process Supplemental Agreements pursuant to the construction contracts for potential changes to the CITY OF FAYETTEVILLE for final decision. 1.7. Schedule and manage subconsultant responsible for Construction Materials Testing as provided in Section Four of this Scope of Work. 1.8. Identify and monitor project permit requirements and notify the Contractor and the CITY OF FAYETTEVILLE of identified potential violations. 1.9. The ENGINEER will conduct bi-weekly construction meetings on the project with the contractor and their subcontractors, the CITY OF FAYETTEVILLE’s project representative and other interested parties to review the work schedule, plan changes, construction problems or other matters. The notes from these meetings will be distributed to all parties in attendance after completion of the meeting. 1.10. The ENGINEER will assist the CITY OF FAYETTEVILLE by performing the following tasks related to monitoring and reporting the Contractor's and subcontractor(s) for general compliance with the provisions of FHWA-1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements. Such services by ENGINEER are administrative in nature and shall not result in ENGINEER having any responsibility for compliance by CITY OF FAYETTEVILLE’s Contractors or Subcontractors. 1.10.1.Perform a site visit to observe and report on the status of the Contractor’s Bulletin Board of Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 ON-CALL LP SERVICES (2025-2028) JOB 040943, TASK ORDER NO. 098 BURNS & MCDONNELL ENGINEERING CO., INC. SCOPE OF WORK ATTACHMENT A - PAGE 4 OF 7 required notices by completing the Bulletin Board Checklist form provided by ARDOT. If deficiencies are identified, ENGINEER will perform up to two (2) follow-up site visits and complete the Bulletin Board Checklist for each visit. 1.10.2.Perform an Initial On-Site Observation for each contractor/subcontractor/DBE within thirty (30) days of their work start date. Results of observation will be documented utilizing the template form provided by ARDOT. 1.10.3.Daily observation reports prepared in accordance with Section 2 of this Scope of Work will be compiled and transmitted to the CITY OF FAYETTEVILLE for inclusion in their quarterly project reports to ARDOT LPA. 1.10.4.At time of each pay application: 1.10.4.1. Review contractors certified payroll reports for general conformance of wage rates equal to or greater than the wage rate determination for the project. Findings will be reported to CITY OF FAYETTEVILLE. Such review shall be solely for administrative tracking purposes and shall not constitute an audit, investigation, verification, certification, or determination of Contractor or subcontractor compliance with the Davis-Bacon Act or other applicable labor standards requirements. 1.10.4.2. Verify that the Contractor has attached a DBE Payment Log which certifies payment has been made to each DBE subcontractor. 1.10.4.3. Prepare a Draft Construction Certification and Reimbursement Request (CCRR) using template provided by ARDOT, and transmit to CITY OF FAYETTEVILLE for final review, signature, and submission to ARDOT. 1.10.5.Conduct Labor Interviews using ARDOT’s Labor Interview questionnaire and complete the corresponding Labor Interview Report provided by ARDOT. Labor interviews will be conducted with three (3) employees of each contractor and subcontractor working on the project at the time of interview. These interviews will be performed once every six (6) months. ENGINEER is only responsible for reporting responses received, and not for verifying the accuracy of any information provided by others. 2.CONSTRUCTION OBSERVATION 2.1.The ENGINEER will conduct daily site visits to observe weather conditions, document what work is being performed, and which contractors/subcontractors are present/working as well as documenting discussions that take place in the field between ENGINEER and Contractor. The observer’s site attendance shall be at the ENGINEER’s discretion, or at the CITY OF FAYETTEVILLE’s request based on nature and needs of the construction work being executed on a day-to-day basis. As such, the observer’s work hours shall not reflect the Contractor’s work hours. Construction observation is anticipated to average 15 hours per week for the duration of the project and will not be “full-time”. CITY OF FAYETTEVILLE understands that ENGINEER’s observations will by their nature not be exhaustive and not intended to function as quality control or quality assurance of construction contractor’s work. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 ON-CALL LP SERVICES (2025-2028) JOB 040943, TASK ORDER NO. 098 BURNS & MCDONNELL ENGINEERING CO., INC. SCOPE OF WORK ATTACHMENT A - PAGE 5 OF 7 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. When feasible, the ENGINEER will be present for construction materials testing as described in Section Four below. The ENGINEER will observe installation of water and sewer utilities and will be present to observe water and sewer testing as described in the City of Fayetteville Water and Sewer Specifications. Testing will be the responsibility of the contractor. The ENGINEER will prepare daily observation reports in accordance with Section 2.1, 2.2, and 2.3 of this Scope of Work. The ENGINEER will review pay applications prepared by the Contractor on a monthly basis, including verification of quantities, work completed, materials stored, and additional documentation outlined in Section 1.10.4 of this Scope of Work. ENGINEER’s review of pay applications shall not include review of contractor’s compliance with other contract requirements, including, but not limited to, any regulatory or funding requirements from the CITY OF FAYETTEVILLE, the State of Arkansas, the Federal Highway Administration, or any other similar provider of public funding. The ENGINEER will observe traffic control devices, lane closures, traffic queue lengths, travel time through project and other impacts on traffic in accordance with the Traffic Control Plans submitted by the Contractor and approved by the CITY OF FAYETTEVILLE during each site visit. ENGINEER will notify CITY OF FAYETTEVILLE when changes in traffic patterns are planned, so they may notify the public. Maintenance of traffic control shall be the responsibility of CITY OF FAYETTEVILLE’S Contractor(s). On a bi-Weekly basis, ENGINEER will observe the Contractor’s implementation of the Stormwater Pollution Prevention Plan included in the project specifications and confirm that its on-site records are up to date in accordance with the National Pollutant Discharge Elimination System (NPDES) permit issued by the Arkansas Department of Environmental Quality. The findings of these observations will be documented on the daily observation reports when they are performed. Observations performed by ENGINEER are not intended to guarantee contractors compliance with NPDES permit requirements or identify all deficiencies in contractor performance. 3.CONSTRUCTION CLOSEOUT 3.1.Upon notification from the CITY OF FAYETTEVILLE that the project is nearing substantial completion, the ENGINEER will perform the following services to close the project out: 3.1.1. Upon the CITY OF FAYETTEVILLE’s request, the ENGINEER will perform one (1) pre-final walk through with the CITY OF FAYETTEVILLE and contractor to observe and document any testing to be completed, and/or construction scope items remaining to be completed. Upon completion of the pre-final walk-through, the ENGINEER will prepare a report and a general list of tasks remaining to complete the scope of work for the project and will send this to CITY OF FAYETTEVILLE. This list will not be inclusive of all items to be completed for the project but will generally identify areas of the project where scope of work remains to be completed. 3.1.2. Upon the CITY OF FAYETTEVILLE’s request, the ENGINEER will perform one (1) Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 ON-CALL LP SERVICES (2025-2028) JOB 040943, TASK ORDER NO. 098 BURNS & MCDONNELL ENGINEERING CO., INC. SCOPE OF WORK ATTACHMENT A - PAGE 6 OF 7 Substantial Completion Walk Through with the CITY OF FAYETTEVILLE and Contractor. The ENGINEER will document punch list items and will include pictures where feasible. The punch list and pictures will be provided to the CITY OF FAYETTEVILLE and Contractor after completion of the walk through. The CITY OF FAYETTEVILLE shall be responsible for determination of whether the project qualifies as Substantially Complete. 3.1.3. Once the CITY OF FAYETTEVILLE has determined that the project construction is Substantially Complete, the ENGINEER will assist the CITY OF FAYETTEVILLE in preparing a Certificate of Substantial Completion. 3.1.4. Following the issuance of the Certificate of Substantial Completion, the ENGINEER will observe the progress of completion of punch list items and communicate progress with the CITY OF FAYETTEVILLE. 3.1.5. Upon the CITY OF FAYETTEVILLE’s request, the ENGINEER will perform one (1) Final Walk Through with the CITY OF FAYETTEVILLE and Contractor. The ENGINEER will document punch list items and will include pictures where feasible. The punch list and pictures will be provided to the CITY OF FAYETTEVILLE and Contractor after completion of the walk through. The CITY OF FAYETTEVILLE shall be responsible for determination of whether the project qualifies for Final Completion. 3.1.6. Once the CITY OF FAYETTEVILLE has determined that the project construction is Complete, the ENGINEER will assist the CITY OF FAYETTEVILLE preparation of a Certificate of Final Completion. 3.1.7. Upon issuance of the Certificate of Final Completion, the ENGINEER will prepare and provide Record Drawings based on ENGINEER’s and Contractor’s field redlines and an as- built survey of water and sewer features visible at the surface. ENGINEER’s record drawings shall be for information only, and any re-use or alteration, either in whole or in part for any other purpose by CITY OF FAYETTEVILLE or any other party is at CITY OF FAYETTEVILLE’s sole risk and without liability to ENGINEER and ENGINEER shall be held harmless from the same. The ENGINEER will assist the CITY OF FAYETTEVILLE in preparation of a final reconciliation change order (if necessary) for the project and will review the Contractor’s final pay application prior to the CITY OF FAYETTEVILLE’s final payment to the Contractor. 4. CONSTRUCTION MATERIALS TESTING 4.1. The ENGINEER will perform intermittent construction materials testing of component materials and completed work items to observe and document if the construction, as and where tested, is in general conformance with the plans, specifications and contract provisions. It is expected that services for construction materials testing will include the following tests, each listed with the anticipated number of trips required for this project: 4.1.1. Proof roll and subgrade testing (5 Trips, 1 hour each trip, Geotechnical Engineer or Rep.), 4.1.2. Field density testing (13 trips, 4 tests per trip, Certified Tech), 4.1.3. Cast-in-place concrete testing, (25 Trips, 1 hour each trip, Certified Tech), Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 ON-CALL LP SERVICES (2025-2028) JOB 040943, TASK ORDER NO. 098 BURNS & MCDONNELL ENGINEERING CO., INC. SCOPE OF WORK ATTACHMENT A - PAGE 7 OF 7 4.1.4. Asphalt Field Coring (2 Trips, 11 Cores total, Certified Tech), 4.1.5. Asphalt Testing (2 Trips - Coring and Testing - Certified Tech, 8 hours lab work). 4.2. Testing is not intended to be exhaustive or comprehensive of the entire work. The ENGINEER will provide the services of a Testing Laboratory to perform materials testing of the construction materials incorporated in the work. The Testing Laboratory shall perform material tests in accordance with the ARDOT’s “Manual of Field Sampling and Testing Procedures” unless the Project Manual specifies differently. The Testing Laboratory shall be certified by the Center for Training of Transportation Professionals (CTTP). 4.3. Results from tests performed and materials sampled will be provided to the CITY OF FAYETTEVILLE and Contractor in a timely manner. The ENGINEER will maintain a record of these results and document testing activities on daily observation reports. In the event of a test that does not comply with the project plans or specifications, the ENGINEER will provide options to the CITY OF FAYETTEVILLE regarding acceptance, replacement, or other remedies. The acceptance or rejection of such work, whether as-is, replaced, or remedied in some way, is solely up to the CITY OF FAYETTEVILLE, and ENGINEER assumes no liability for the work performed by the Contractor. 4.4. CITY OF FAYETTEVILLE understands and agrees that testing is not exhaustive and does not guarantee that all work and materials incorporated into the project by the construction contractor will be conforming, or that nonconforming materials or work will be revealed beyond the quantity of work observed and tested. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Construction Admin. and Observation TASK PM FR STE AST TOTAL Project Management & Admin Project Reports & Invoicing (14 Months)(4hrs PM & 4hrs ADM per month)56 56 112 Project Management & Admin IFC Contract Documents, NTP, Insurance, Bonding, etc.4 6 4 14 Pre-Construction Conference 4 8 4 16 Submittal Review 10 80 20 110 Construction Observation Daily Observation (avg. 15 hrs/wk x 52 wks)26 754 780 Observation Reports, Progress Reports and Scheduling (avg. 5 hrs/wk x 52 wks)260 260 Pay Applications and Verification of Quanitities (1 per month = 12)6 36 42 Bi-Weekly Progress Meetings (Agenda, Meeting, and Minutes) (26 meetings)26 52 26 104 RFI's, Work Orders and Field Change Directive 10 80 20 110 Monitoring and Reporting Related to FHWA-1273 fo Federal-aid construction contracts 6 24 12 42 Construction Closeout Final Inspection (Anticipate 3 inspections, prefinal, S.C. & F.C.)6 12 6 24 Punch List and Pictures (8 hours per inspection)24 24 Final Reconcilliation Change Order 10 10 10 30 Record Drawings 4 40 40 84 TOTAL MH - Construction Admin. and Observation 168 1,386 142 56 1,752 Category - Description Rate MH Amount PM - Project Manager $80.00 168 $13,440 FR - Field Representative $55.00 1,386 $76,230 STE - Staff Engineer $50.00 142 $7,100 AST - Project Assistant $44.00 56 $2,464 Subtotal Labor Costs $99,234 Title II Multiplier (FY24)3.86 $383,043 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11)(Project Manual 706 Sheets - 1 set for contractor, 1 set for engineer, 1 set for city)2,118 each $0.08 $169 Printing (11 x 17) (92 Sheets - 1 set for contractor, 1 set for engineer, 1 set for city)276 each $0.35 $97 Printing (22 x 34) (92 Sheets - 1 set for contractor, 1 set for engineer, 1 set for city)276 each $1.35 $373 Mileage (3 trips per week, 16 miles round trip to site)2,496 mile $0.725 $1,810 Construction Materials Testing (Estimated Hourly)$13,500 As Built - Record Drawing Survey (Estimated Hourly)$11,000 Subtotal Expenses $26,949 $409,992 Description The basis of these services is what is anticipated to be necessary to provide comprehensive construction observation and administration. This is based on a construction duration of 12 months and 2 months of project closeout. Changes to the project scope, or changes in the duration of the construction contract from what are stated herein may warrant revisions to these services. Job No. 040943: Millsap Rd. / College Ave. Inters. Impvts. & N. Hemlock Ave. Impvts. (Fayetteville) (S) June 11, 2026 Attachment B - Justification of Costs and Fees EXPENSES BASIS OF ESTIMATE Task Order No. 098 MANHOURS LABOR COSTS Invoice based on actual costs Invoice based on actual costs TOTAL COSTS (LABOR & EXPENSES) Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Burns McDonnell Engineering Company, Inc. Master Rates Attachment C Classification 2025 Max. Hourly Rate Principal $ 131.00 Project Director $ 111.00 Project Manager $ 99.00 Construction Manager $ 110.00 Field Representative $ 80.00 Project Assistant $ 44.00 Senior Detailer $ 61.00 Junior Detailer $ 48.00 Senior Designer $ 68.00 Junior Designer $ 51.00 Senior Public Involvement Specialist $ 78.00 Junior Public Involvement Specialist $ 39.00 Senior Planner $ 83.00 Junior Planner $ 39.00 Associate Civil Engineer $ 87.00 Senior Civil Engineer $ 64.00 Staff Civil Engineer $ 50.00 Assistant Civil Engineer $ 46.00 Associate Structural Engineer $ 75.00 Senior Structural Engineer $ 62.00 Staff Structural Engineer $ 49.00 Assistant Structural Engineer $ 40.00 Associate Environmental Scientist $ 85.00 Senior Environmental Scientist $ 74.00 Staff Environmental Scientist $ 42.00 Assistant Environmental Scientist $ 36.00 Associate Environmental Engineer $ 79.00 Senior Environmental Engineer $ 62.00 Staff Environmental Engineer $ 50.00 Assistant Environmental Engineer $ 41.00 Senior Estimator $ 110.00 Junior Estimator $ 52.00 Senior GIS Specialist $ 76.00 Junior GIS Specialist $ 45.00 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Attachment D - PROJECT SCHEDULE Millsap Rd. / College Avenue Intersection Improvements Construction 01 08 15 22 29 06 13 20 27 03 10 17 24 31 07 14 21 28 05 12 19 26 02 09 16 23 30 07 14 21 28 04 11 18 25 01 08 15 22 01 08 15 22 29 05 12 19 26 03 10 17 24 31 07 14 21 28 05 12 19 26 02 09 16 23 30 06 13 20 27 04 11 18 25 NTP July 1, 2026 Hemlock SC Oct. 16, 2026 Hemlock FC Nov. 13, 2026 Millsap - Stage 1 Complete Jan 15, 2027 Millsap - Stage 2 Complete March 19, 2027 Millsap - Stage 3 Complete April 30, 2027 FC Pkg 1 and Pkg 2 - June 25, 2027 Sept. 1, 2027 1. This schedule is based on a Notice to Proceed date of July 1, 2026. Depending on the actual date of Notice to Proceed, the scheuld will adjust accordingly. 2. Overall Project Closeout includes 2 Months after Final Completion for record drawings, final pay apps, certifications and project closeout. COMMENTS: 2027 Project Task Fe n r u a r y De c e m b e r Ja n u a r y 2026 Package 1 - Hemlock Construction No v e m b e r Ma r c h Ju l y Au g u s t Se p t e m b e r Oc t o b e r Ju n e Ma y Notice to Proceed Package 1 - Construction Closeout Package 2 - Millsap - Stage 1 Construction Package 2 - Millsap - Stage 2 Construction Package 2 - Millsap - Stage 3 Construction Ap r i l Overall Project Closout Package 2 - Millsap - Construction Closeout Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r ATTACHMENT D Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Doc Express® Document Signing History Contract: CC - On-Call Local Federal Aid Projects (2025-2028) - Burns & McDonnell Engineering Co., Inc. Document: 040943 2025LP00-BMEC-T098 Date Signed By 07/20/2026 Molly Rawn City of Fayetteville Electronic Signature (Signed by Sponsor) 07/26/2026 Steven Beam Burns & McDonnell Engineering Company, Inc. Electronic Signature (Signed by Consultant) 07/28/2026 Jessica Jackson Arkansas Department of Transportation Electronic Signature (Reviewed by Consultant Contracts Division Head) 07/28/2026 David Siskowski Arkansas Department of Transportation Electronic Signature (Reviewed by Division) 07/31/2026 Erica Adams Arkansas Department of Transportation Electronic Signature (Signed by ACE) Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978