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Home My WebLink About43-13 RESOLUTIONRESOLUTION NO.43-13 A RESOLUTION APPROVING A PROFESSIONAL ENGINEERING DESIGN SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS IN THE AMOUNT OF $279,045.55 FOR THE REHABILITATION OF THE HISTORIC MAPLE STREET AND LAFAYETTE STREET BRIDGES, AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING FEDERAL GRANT REVENUE IN THE AMOUNT OF $223,257.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering design services agreement with McClelland Consulting Engineers in the amount of $279,045.55 for the rehabilitation of the historic Maple Street and Lafayette Street bridges. 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 as Exhibit "A", recognizing federal grant revenue in the amount of $223,257.00. PASSED and APPROVED this 5t' day of March, 2013. APPROVED: FE ATTEST: SONDRA E. SMITH, City Clerk/Treasurer ``,%11111rflrllI, w ;FAYETTEVILLE;_ 14,VG TON NSPOJe��`� City of Fayetteville, Arkansas Budget Adjustment Form V12.0724 Budget Year Division: Engineering Request Date Adjustment Number 2013 Department: Development Services 2/4/2013 BUDGET ADJUSTMENT DESCRIPTION ! JUSTIFICATION This budget adjustment is to recognize the federal grant revenue of $223,257.00 due from AHTD for the design phase of the Historic Lafayette and Maple Bridges. There is also transfer from the Crossover project to the Historic Bridges project which represents the City portion of the project expense ($56,000.00). uivision rreaa Date ) e46� B dget Director Date Depa me hector Date 2.- 57.ac3 F' nce Direct r Date ief f-taff Da e Mayor 3 ate Prepared By: Peggy Bell kspringer Reference: Budget & Research Use Only Type: A g C � E p General Ledger Date Posted to General Ledger Checked / Verified Initial Date Initial Date V TOTAL BUDGET ADJUSTMENT 223257 223,257 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue < Number Federal Grants -Capital 4470.0947.4309.00 Ri - 223,257 06035 1111 01 Professional services 44:70.9470.531400 t 223,257 06035 . 1101. Street improvements 4520.9540`.5809.00 (56,000) 060135.. 2000 Professional services 4520.9540.5314.00 56,000 06035 . 1101 J:\EXCEL\Historic Bridges\BA Historic Bridges 02042013 1of1 W Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/19/2013 City Council Meeting Date Agenda Items Only Engineering Development Services Division Department Amon mequirea: A resolution approving an Agreement with McClelland Consulting Engineers for professional services for the rehabilitation of the historic Maple Street Bridge and Lafayette Street Bridge in the amount of $279,69'I"9�. This also recognizes federal grant revenue in the amount of $223,257.00 C)Y.5, 0 CS 223,257.00 Federal grant revenue 223,257.00 Professional Services 56,000 2009 Trasportation Bonds Cost of this request 4470.0947.4309.00 4470.9470.5314.00 4520.9540.5314.00 Account Number 06035.1101 Project Number Budgeted Item $ 289,623.00 Historic Lafayette & Maple Bridges Category / Project Budget Program Category / Project Name $ - Street Improvements Funds Used to Date Program / Project Category Name $ 289,623.00 )9 Transportation Bonds & Federal Gr Remaining Balance Fund Name Budget Adjustment Attached '�,,,qQ 5.1W Previous Ordinance or Resolution # Date Original Contract Date: 2 Original Contract Number: Date Finance and Internal Services Director Date Date 13r ate Received in`Ctty ' — 1 : 1 1 ? i Clerk's Office o . Received in Mayor's Office Revised January 15, 2009 t L• aye0 eVle ARKAI CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Chris Brown, City Engineer Date: February 4, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of February 19, 2013 Subject: A Resolution approving an Agreement with McClelland Consulting Engineers, Inc. for professional services for the rehabilitation of the historic Maple Street Bridge and Lafayette Street Bridge in the amount of $279,045.55 and approve a Budget Adjustment. BACKGROUND: This project is located in downtown Fayetteville near the University campus on Maple Street and on Lafayette Street over a single track of the Arkansas & Missouri Railroad. The concrete bridges were built in 1936 & 1938 with approximate lengths of 83' & 120', are listed on the National Register of Historic Places and will require special rehabilitation work to retain this designation. It is the intent of the City to preserve and enhance the historic attributes and life of both bridges in a cost effective way. The historic integrity of the bridges must be maintained throughout the rehabilitation construction process. On February 16, 2011 in response to a letter from the City requesting federal funding for the Maple and Lafayette Street historic bridges, the City received a letter from the Arkansas State Highway and Transportation Department advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. In subsequent correspondence, the AHTD also confirmed that the two bridges may be combined into a single project for purposes of the program. The total estimate for rehabilitation of the two bridges (including deck replacement of the Maple Street bridge) is approximately $1.4 million. A request for Letters Of Interest was advertised on April 20, 2012 and the City received two valid responses on May 16th. On May 25th, a Selection Committee containing City Staff and one City Council Member convened and voted to request proposals from both firms. RFQ's were sent to both firms on July 3rd with a due date of July 27th. On July 30, 2012, a selection committee consisting of City staff and Alderman Bobby Ferrell selected McClelland Consulting Engineers (MCE) of Fayetteville to provide these services, along with their bridge subconsultants Horner and Shifrin of St. Louis. Since that time, the City has been working with the AHTD and MCE to develop a contract acceptable to all parties. THE CITY OF FAYETTEVILLE, ARKANSA2 PROPOSAL: MCE has provided a proposed scope and fee in the amount of $279,045.55. This contract will be paid based on hourly rates for work completed, up to the total contract amount. This contract has been reviewed and approved by the AHTD, and is ready for review and approval by the City Council. This design project will provide for the rehabilitation of two historic bridges including repairing/replacing the retaining wall near the Lafayette Bridge only, repair/replace bridge railings, period lighting, deck surfacing, expansion joints, abutment bearings, deck drains, concrete fascia beams, concrete abutment backwalls, concrete sidewalk, and approach pavement. Storm drainage systems, relocated utility facilities, maintenance of traffic and other incidental systems and facilities will be designed and constructed as necessary. This design agreement has allotted 9 (nine) months for completion, however, this time frame may be extended depending upon the review workload of the Arkansas State Highway and Transportation Department (AHTD). The consultant will prepare and submit final plans and specifications to the City which will be used by AHTD to advertise a separate construction project which will be administered solely by the AHTD. RECOMMENDATION: Staff recommends City Council approval of the contract with McClelland Consulting Engineers, Inc. for providing the professional design services for the rehabilitation of the historic Maple Street Bridge and Lafayette Street Bridge. BUDGET IMPACT: This project is based on an Agreement Of Understanding with AHTD in which Federal Aid money will pay 80% of the contract amount and the City will pay 20%. These services will be funded either through the Transportation Bond Program or the CIP Program in an existing project set up for bridge cost sharing. The cost of these services will not exceed $279,045.55, with the City's share being 20% or $55,809.11. RESOLUTION NO. A RESOLUTION APPROVING A PROFESSIONAL ENGINEERING DESIGN SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS IN THE AMOUNT OF $279,045.55 FOR THE REHABILITATION OF THE HISTORIC MAPLE STREET AND LAFAYETTE STREET BRIDGES, AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING FEDERAL GRANT REVENUE IN THE AMOUNT OF $223,257.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering design services agreement with McClelland Consulting Engineers in the amount of $279,045.55 for the rehabilitation of the historic Maple Street and Lafayette Street bridges. 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 as Exhibit "A", recognizing federal grant revenue in the amount of $223,257.00. PASSED and APPROVED this 19'h day of February, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: go SONDRA E. SMITH, City Clerk/Treasurer Project Request Form Project Number Project Title Sub Project Request: Sub Project Number Sub Project Title Sub Project Status Sub Project Manager Grant (Y/N) Request for Additional Subprojects 06035 Transportation Bond Street Improvements 1101 Lafayette & Maple Bridges Active Chris Brown Yes GL Accounts Assigned: 4470.0947.4309.00 Federal Grants - Capital 4470.9470.5314.00 Professional Services 4520.9540.5314.00 Professional Services Sub Project Request: Sub Project Number Sub Project Title Sub Project Status Sub Project Manager Grant (Y/N) GL Accounts Assigned: Sub Project Request: Sub Project Number Sub Project Title Sub Project Status Sub Project Manager Grant (Y/N) GL Accounts Assigned: J:\EXCEL\Historic Bridges\[Historic Bridges add accounts.xls]Additional Subprojects Peggy Bell 2/4/2013 Requested By Entered By AGREEMENT FOR ENGINEERING SERVICES (LOCAL VERSION — COST PLUS FEE) JOB NO. 040618 FEDERAL AID PROJECT ("FAP") NO. BRN-9142(29) Maple St. & Lafayette St. Bridge Rehab. (Fayetteville)(S) Washington County PREAMBLE THIS AGREEMENT, entered into this day of , 2013, by and between The City of Fayetteville, Arkansas("Owne r"), and McClelland Consulting Engineers, Inc. ("Consultant"), a corporation existing under the laws of the State of Arkansas, with principal offices at 1810 North College Avenue, Fayetteville, Arkansas 72703 and 900 West Markham, Little Rock, Arkansas 72203. WITNESSETH: WHEREAS, the City of Fayetteville is planning to rehabilitate the historic Maple Street Bridge (Bridge Number 01940) and Lafayette Street Bridge (Bridge Number 01941), including related approach work in Fayetteville, Arkansas, and requires the professional services from McClelland Consulting Engineers, Inc. to perform a geotechnical evaluation, topographic survey, design, construction administration, and construction observation, and, WHEREAS, the City of Fayetteville's forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and, WHEREAS, McClelland Consulting Engineers, Inc.'s staff is adequate and well qualified, and it has been determined that its current workload will permit completion of the project on schedule. NOW THEREFORE, it is considered to be in the best public interest for the City of Fayetteville to obtain the assistance of McClelland Consulting Engineers, Inc.'s organization in connection with engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: 1. PRELIMINARY MATTERS 1.1. "McClelland Consulting Engineers, Inc.'s Representative" shall be Daniel Barnes, P.E., until written notice is provided to the City of Fayetteville designating a new representative. 1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $279,045.55 1.3. . The Contract Ceiling Price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement. In no event, unless modified in writing, shall total payments by the City of Fayetteville under this Agreement exceed the Contract Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling Price. McClelland Consulting Engineers, Inc. additionally agrees that half cell potential tests, bridge deck replacement design, and analysis of existing structures for bridge deck replacement will not be performed unless authorized by the City of Fayetteville. 1.4. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the City of Fayetteville under this Agreement. 1.5. "Default" means the failure of McClelland Consulting Engineers, Inc. to perform any of the provisions of this Agreement. Default includes, but is not limited to, failure to complete phases of the work according to schedule or 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 federal and state laws, and failure to comply with certifications made in or pursuant to this Agreement. 1.6. "Department" or "AHTD" means the Arkansas State Highway and Transportation Department. 1.7. "DOT" means the United States Department of Transportation. 1.8. "FAR" means the Federal Acquisition Regulations, codified in 48 C.F.R. 1.9. "Fee" whether fixed or otherwise is a dollar amount that includes McClelland Consulting Engineers, Inc.'s profit on the job. 1.10. "FHWA' means the Federal Highway Administration. 1.11. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 C.F.R. Part 31, and is also subject to any limitations contained herein. The Indirect Cost Rate for McClelland Consulting Engineers, Inc. under this Agreement shall be 184.34 percent. If applicable, the Indirect Cost Rate for each subcontractor shall be listed in Appendix B. 1.12. "Title I Services" are those services provided by McClelland Consulting Engineers, Inc. before the award of the contract for the construction of the Project, consisting primarily of engineering services for the planning or design of the Project. 1.13. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is $250,044.26. The Title I Services Ceiling price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement for fees and costs related to Title I Services. In no event, unless modified in writing, shall total payments by the City of Fayetteville related to Title I Services exceed the Title I Services Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title I Services exceeding the Title I Services Ceiling Price. 1,14. "Title II Multiplier" (if applicable) is the mark-up by which the fee and indirect costs associated with Title 11 services are calculated. The Title II Multiplier, which accounts for the fee and indirect costs, is multiplied by the salary rate, as shown on the Schedule of Salary Ranges, of the particular individual(s) performing the Title 11 services. The Title II Multiplier for the term of this Agreement is 3.18. 1.15. "Title II Services" are those services provided by McClelland Consulting Engineers, Inc. after the award of the contract for the construction of the Project, consisting primarily of engineering services during the construction of the Project. 1.16. "Title II Services Ceiling Price". The Title II Services Ceiling Price for this Agreement is $29,001.29. The Title II Services Ceiling price is the maximum aggregate amount of 2 all payments that the City of Fayetteville may become obligated to make under this Agreement for fees and costs related to Title II Services. In no event, unless modified in writing, shall total payments by the City of Fayetteville related to Title II Services exceed the Title II Services Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title II Services exceeding the Title II Services Ceiling Price. 2. TYPE OF AGREEMENT 2.1. This Agreement is a cost -plus -fixed -fee contract. McClelland Consulting Engineers, Inc. is being hired to perform professional engineering services in connection with the Project as set forth herein. In consideration for Title I services performed, the City of Fayetteville will reimburse McClelland Consulting Engineers, Inc. for allowable direct and indirect costs, as defined herein, and pay McClelland Consulting Engineers, Inc. a fixed fee. If Title II services are to be performed, the City of Fayetteville will reimburse McClelland Consulting Engineers, Inc. for allowable direct costs and also pay McClelland Consulting Engineers, Inc. an amount determined by multiplying the salary rate of the individual(s) performing the Title II services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. 2.2. The Project to be performed under this Agreement is a federally -assisted project and federal funds will be used, in part, to pay McClelland Consulting Engineers, Inc.. Therefore, notwithstanding any provision of this Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of 48 C.F.R. Part 31, and McClelland Consulting Engineers, Inc. shall certify the accuracy of all invoices and requests for payment, along with supporting documentation and any information provided in determining the Indirect Cost Rates. 3. COSTS, FEES, AND PAYMENT 3.1. Allowable costs, 3.1.1.Allowable costs are subject to the limitations, regulations, and cost principles and procedures in 48 C.F.R. Part 31, which are expressly incorporated into this Agreement by reference. For the purpose of reimbursing allowable costs (except as provided in subparagraph 2 below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only- 3.1.1.1. Those recorded costs that, at the time of the request for reimbursement, McClelland Consulting Engineers, Inc. has paid by cash, check, or other form of actual payment for items or services purchased directly for the Agreement; 3.1.1.2. When McClelland Consulting Engineers, Inc. is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for — Materials issued from McClelland Consulting Engineers, Inc.'s inventory and placed in the production process for use in its performance under this Agreement; • Direct labor; 3 • Direct travel; • Other direct in-house costs; and • Properly allocable and allowable indirect costs, as shown in the records maintained by McClelland Consulting Engineers, Inc. for purposes of obtaining reimbursement under government contracts; and • The amount of progress payments that have been paid to McClelland Consulting Engineers, Inc.'s subcontractors under similar cost standards. 3.1.2.McClelland Consulting Engineers, Inc.'s contributions to any pension or other post - retirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes; provided, that McClelland Consulting Engineers, Inc. pays the contribution to the fund within 30 days after the close of the period covered. Payments made 30 days or more after the close of a period shall not be included until McClelland Consulting Engineers, Inc. actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until McClelland Consulting Engineers, Inc. actually makes the payment. 3.1.3.Notwithstanding the audit and adjustment of invoices or vouchers, allowable indirect costs under this Agreement shall be obtained by applying Indirect Cost Rates established in accordance with Subsection 3.3 below. 3.1.4.Any statements in specifications or other documents incorporated in this Agreement by reference designating performance of services or furnishing of materials at McClelland Consulting Engineers, Inc.'s expense or at no cost to the City of Fayetteville shall be disregarded for purposes of cost -reimbursement. 3.2. Salaries. The following schedule covers the classification of personnel and the salary ranges for all personnel anticipated to be assigned to this project by McClelland Consulting Engineers, Inc.: 3.2.1.1. SCHEDULE OF SALARY RANGES Labor Classification Labor Rate Range Principal Engineer $41.27 - $50.50 Project Engineer $25.84 - $41.40 Engineering Technician $16.50 - $30.00 Construction Observer $15.00 - $31.25 Chief Draftsman $22.00 - $25.00 Draftsman $15.38 - $19.00 Survey Technician $17.00 - $27.00 Registered Land Surveyor $21.50 - $32.00 Field Survey (1-man or Rodman) $16.50 - $24.00 Survey (2- man or Robotic) Crew $17.00 - $27.00 Geotech Engineer $26.66 - $41.40 Soils Lab Supervisor $16.25 - $21.50 Soils Lab Technician $12.90 - $15.25 Office Administration $14.50 - $19.50 Clerical $10.50 - $20.00 4 3.2.1.2. The City of Fayetteville shall reimburse McClelland Consulting Engineers, Inc. for overtime costs only when the overtime has been authorized in writing by the City of Fayetteville. When authorized, overtime shall be reimbursed at the rate of time and one-half for all nonexempt employees. Notwithstanding this provision, McClelland Consulting Engineers, Inc. must comply with all federal and state wage and hour laws and regulations, regardless whether the overtime is considered reimbursable under this Agreement. 3.3. Indirect Cost Rates. 3.3.1.Allowable indirect costs incurred by McClelland Consulting Engineers, Inc. shall also be reimbursed by the City of Fayetteville at the Indirect Cost Rate. The Indirect Cost Rate of McClelland Consulting Engineers, Inc. for this Agreement shall be the rate as set forth in subsection 1.11. If applicable, the Indirect Cost Rate for subcontractors shall be determined in the same manner and subject to the same limitations as McClelland Consulting Engineers, Inc., and shall be listed for each subcontractor identified in Appendix B. The Indirect Cost Rate, or any adjustment thereto, shall not change any monetary ceiling, contract obligation, or specific cost allowance, or disallowance provided for in this Agreement except as provided for in sections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect costs pursuant to 48 C.F.R. Part 31 ("FAR"). 3.3.2.In establishing the Indirect Cost Rate or proposing any adjustment thereto, McClelland Consulting Engineers, Inc. shall, upon request, submit to the City of Fayetteville, FHWA, or their representatives an audited indirect cost rate and supporting cost data in accordance with the requirements set forth in the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. 3.3.3.During the term of this Agreement, if an audit of a subsequent accounting period of McClelland Consulting Engineers, Inc. demonstrates that McClelland Consulting Engineers, Inc. has incurred allowable indirect costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be adjusted. Any adjustment is subject to the audit and documentation requirements of the FAR and the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. Except in the case of a provisional Indirect Cost Rate, as provided in the following subparagraphs, or the disallowance of cost following a subsequent audit, any adjustment to the Indirect Cost Rate shall be effective only prospectively from the date that the adjustment is accepted. 3.3.4.In order to expedite some projects, when an audited indirect cost rate has not yet been submitted and approved, the City of Fayetteville may extend a temporary waiver and accept a provisional indirect cost rate. This provisional rate must be reviewed by, and receive a positive recommendation from the Arkansas Highway and Transportation Department's Chief Auditor. The provisional cost proposal must be accompanied by written assurance from an independent CPA that he/she has been engaged to audit the costs in accordance with the above requirements. The anticipated audit must be based on costs incurred in the most recently completed fiscal year for which the cost data is available, with the audit scheduled to begin within a reasonable time frame. If the date of the initial cost proposal is within the last quarter of the current fiscal year, the audit may be delayed until the current fiscal year is closed and the final cost data is available. The written assurance from the CPA that he or she has been engaged to perform the audit at an appropriate time is still required. 3.3.5.Once an audited indirect cost rate is approved, the ceiling prices provided for in the initial agreement using the provisional indirect cost rate will be adjusted with a supplemental agreement to implement the resulting increase or decrease from revising the indirect cost rate, and all amounts paid McClelland Consulting Engineers, Inc. prior to receipt and acceptance of an audited indirect cost rate will be retroactively adjusted for changes in the indirect cost rate. However, no changes in hours, fixed fees, or other costs will be allowed as a result of applying the audited indirect cost rate. 3.4. Fees. The justification for the fees and costs is contained in Appendix A. In addition to reimbursement of the allowable costs as set forth above, the City of Fayetteville shall pay to McClelland Consulting Engineers, Inc. a fixed fee of $7,844.18. for Title I Services. For Title II Services, if applicable, the City of Fayetteville shall reimburse McClelland Consulting Engineers, Inc. for allowable direct costs and also pay to McClelland Consulting Engineers, Inc. an amount determined by multiplying the salary rate of the individual(s) performing the Title II Services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. The Title II Multiplier shall account for all fees and indirect costs associated with Title II services. 3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and payment of the fees shall be made as follows, unless modified by the written agreement of both parties: 3.5.1.Not more often than once per month, McClelland Consulting Engineers, Inc. shall submit to the City of Fayetteville, in such form and detail as the City of Fayetteville may require, an invoice or voucher supported by a statement of the claimed allowable costs for performing this Agreement, and estimates of the amount and value of the work accomplished under this Agreement. The invoices for costs and estimates for fees shall be supported by any data requested by the City of Fayetteville. 3.5.2.In making estimates for fee purposes, such estimates shall include only the amount and value of the work accomplished and performed by McClelland Consulting Engineers, Inc. under this Agreement which meets the standards of quality established under this Agreement. McClelland Consulting Engineers, Inc. shall submit with the estimates any supporting data required by the City of Fayetteville. At a minimum, the supporting data shall include a progress report in the form and number required by the City of Fayetteville. 3.5.3.Upon approval of the estimate by the City of Fayetteville, payment upon properly executed vouchers shall be made to McClelland Consulting Engineers, Inc., as soon as practicable, of 100 percent of the allowed costs, and of 90 percent of the approved amount of the estimated fee, less all previous payments. Notwithstanding any other provision of this Agreement, only costs and fees determined to be allowable by the City of Fayetteville in accordance with subpart 31.2 of the Federal Acquisition Regulations (FAR) in effect on the date of this Agreement and under the terms of this Agreement shall be reimbursed or paid. 3.5.4.Before final payment under the Agreement, and as a condition precedent thereto, McClelland Consulting Engineers, Inc. shall execute and deliver to the City of Fayetteville a release of all claims which are known or reasonably could have been known to exist against the City of Fayetteville arising under or by virtue of this Agreement, other than any claims that are specifically excepted by McClelland 2 Consulting Engineers, Inc. from the operation of the release in amounts stated in the release. 3.6. Title I Services, Title 11 Services, and Contract Ceiling Prices. The parties agree that aggregate payments under this Agreement, including all costs and fees, shall not exceed the Contract Ceiling Price. The parties further agree that aggregate payments for Title I services under this Agreement, including all costs and fees, shall not exceed the Title I Services Ceiling Price; and that aggregate payments for Title II services under this Agreement, including all costs and fees, shall not exceed the Title II Services Ceiling Price. No adjustment of the Indirect Cost Rate or the Title II Multiplier, claim, or dispute shall affect the limits imposed by these ceiling prices. No payment of costs or fees shall be made above these ceiling prices unless the Agreement is modified in writing. 3.7. Final payment 3.7.1.McClelland Consulting Engineers, Inc. shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but no later than forty- five (45) days (or longer, as the City of Fayetteville may approve in writing) after the completion date. Upon approval of the completion invoice or voucher, and upon McClelland Consulting Engineers, Inc.'s compliance with all terms of this Agreement, the City of Fayetteville shall promptly pay any balance of allowable costs and any retainage owed to McClelland Consulting Engineers, Inc.. After the release of said retainage McClelland Consulting Engineers, Inc. agrees that it will continue to provide consultation services to the City of Fayetteville as needed through supplemental agreement(s) with respect to the contracted services under this Agreement until all work is completed under both Title I and Title II. 3.7.2.McClelland Consulting Engineers, Inc. shall pay to the City of Fayetteville any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by McClelland Consulting Engineers, Inc. or any assignee under this Agreement, to the extent that those amounts are properly allocable to costs for which McClelland Consulting Engineers, Inc. has been reimbursed by the City of Fayetteville. Reasonable expenses incurred by McClelland Consulting Engineers, Inc. for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the City of Fayetteville. Before final payment under this Agreement, McClelland Consulting Engineers, Inc. and each assignee whose assignment is in effect at the time of final payment shall execute and deliver— • An assignment to the City of Fayetteville, in form and substance satisfactory to the City of Fayetteville, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which McClelland Consulting Engineers, Inc. has been reimbursed by the City of Fayetteville under this Agreement; and, • A release discharging the City of Fayetteville, its officers, agents, and employees from all liabilities, obligations, and claims which were known or could reasonably have been known to exist arising out of or under this Agreement. 3.8. City of Fayetteville's Right to Withhold Payment. The City of Fayetteville may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of the services of McClelland Consulting Engineers, Inc. and made against the City of Fayetteville; (2) evidence of fraud, over -billing, or overpayment; (3) inclusion of non -allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) McClelland Consulting Engineers, Inc.'s default or unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve McClelland Consulting Engineers, Inc. of its obligation to continue to perform its services under this Agreement. 4. DISALLOWANCE OF COSTS 4.1. Notwithstanding any other clause of this Agreement, the City of Fayetteville may at any time issue to McClelland Consulting Engineers, Inc. a written notice of intent to disallow specified costs incurred or planned for incurrence under this Agreement that have been determined not to be allowable under the contract terms. 4.2, Failure to issue a notice under this Section shall not affect the City of Fayetteville's rights to take exception to incurred costs. 4.3. If a subsequent audit reveals that: (1) items not properly reimbursable have, in fact, been reimbursed as direct costs; or (2) that the Indirect Cost Rate contains items not properly reimbursable under the FAR; then, in the case of indirect costs, the Indirect Cost Rate shall be amended retroactively to reflect the actual allowable indirect costs incurred, and, in the case of both direct and indirect costs, the City of Fayetteville may offset, or McClelland Consulting Engineers, Inc. shall repay to City of Fayetteville, any overpayment. 5. RECORDS & AUDITS 5.1. Records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. 5.2. Examination. McClelland Consulting Engineers, Inc. shall maintain, and the City of Fayetteville, AHTD, FHWA, and their authorized representatives shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have been incurred or anticipated to be incurred in performance of this Agreement. This right of examination shall also include examination and audit of any records considered, relied upon, or relating to the determination of the Indirect Cost Rate or any certification thereof, including any CPA audit relied upon to establish the rate. This right of examination shall also include inspection at all reasonable times of McClelland Consulting Engineers, Inc.'s offices and facilities, or parts of them, engaged in performing the Agreement. 5.3. Supporting Data. If McClelland Consulting Engineers, Inc. has been required to submit data in connection with any action relating to this Agreement, including the negotiation of or pre -negotiation audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost reimbursement, request for payment, request for an adjustment, or assertion of a claim, the City of Fayetteville, AHTD, FHWA, or their authorized representatives, in order to evaluate the accuracy, completeness, and accuracy of the data, shall have the right to examine and audit all of McClelland Consulting Engineers, Inc.'s records, including computations and projections, related to— • The determination or certification of the Indirect Cost Rate, including any independent CPA audit or certification thereof; • Any proposal for the Agreement, subcontract, or modification; • Discussions conducted on the proposal(s), including those related to negotiating; E-1 Fees or allowable costs under the Agreement, subcontract, or modification; • Performance of the Agreement, subcontract or modification; or, • The amount and basis of any claim or dispute. 5.4, Audit. The City of Fayetteville, AHTD, FHWA, or their authorized representatives, shall have access to and the right to examine any of McClelland Consulting Engineers, Inc.'s records involving transactions related to this Agreement or a subcontract hereunder. 5.5. Reports. If McClelland Consulting Engineers, Inc. is required to furnish cost, funding, or performance reports, the City of Fayetteville, AHTD, FHWA, or their authorized representatives shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of McClelland Consulting Engineers, Inc.'s policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported. 5.6. Availability. McClelland Consulting Engineers, Inc. shall retain and make available at its office at all reasonable times the records, materials, and other evidence described in this Section and Section 28, Disputes and Claims, for examination, audit, or reproduction, until five years after final payment under this Agreement, or for any longer period required by statute or by other clauses of this Agreement. In addition— 5.6.1.If this Agreement is completely or partially terminated, the records relating to the work terminated shall be retained and made available for five years after the termination; and, 5.6.2.Records relating to any claim or dispute, or to litigation or the settlement of claims arising under or relating to this Agreement shall be retained and made available until after any such claims or litigation, including appeals, are finally resolved. 5.7. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 5.8. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, McClelland Consulting Engineers, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et.seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 6. DESCRIPTION OF THE PROJECT 6.1. The City of Fayetteville is planning to rehabilitate the historic Maple Street Bridge and Lafayette Street Bridge, including related approach work, and requires the professional services from McClelland Consulting Engineers, Inc. to perform a geotechnical evaluation, survey, environmental documentation, design, and engineering management services during construction. N 7. INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY MCCLELLAND CONSULTING ENGINEERS, INC. 7.1. Survey • Complete a detailed topographic, property, and utility survey as needed for design of the improvements as listed in Paragraph 6.1. Elevation control will be established using AHTD elevation procedures. 7.2. Geotechnical Investigation . • Drill two borings adjacent to the rotated retaining wall located in the eastern approach of the Lafayette Street Bridge. • Obtain samples of the soil strata. • Obtain core samples of the underlying rock strata. • Perform laboratory tests for moisture content, classifications, unit weights, unconfined compression tests. • Interpret and evaluate geotechnical data for retaining wall design/rehabilitation and the pavement structure. • Perform two pavement cores on each bridge approach (8 total cores) to determine existing pavement section. • Take six concrete samples (cores) from each bridge deck and perform 30 chloride tests. • Perform chain drag testing on each bridge deck. The City of Fayetteville will be responsible for the removal of the asphalt on the bridge decks. • Complete Half -Cell Potential Test (2 Each if chloride content warrants). 7.3. Environmental Documentation • Environmental Data Collection - Preliminary environmental data associated with the proposed project area will be collected and assessed for the social, economic, and environmental impacts area, including: 1. Air Quality 2. Noise Quality 3. Hazardous Materials 4. Wetlands and Stream Impacts 5. Water Quality, including Public Drinking Supplies 6. Farmland 7. Land Use and Land Cover 8. Terrestrial and Aquatic Communities 9. Endangered Species 10. Economic 11. Community 12. Relocations of Homes and Businesses 13. Environmental Justice and Title VI 14. Recreational Areas 15. Archeological and Historic Sites 16. Visual 17. Section 4(f) 18. Secondary and Cumulative Impacts Coordinate with relevant regulatory agencies as required (FEMA, USACOE, SHPO, ADEQ, USFWS and others) to resolve environmental issues and obtain permits. Environmental Constraints Map - All environmental data collected will be transferred to appropriately scaled aerial photographs to produce a map that indicates all known environmentally sensitive areas. 10 • Prepare environmental document, including cultural resources clearance from the State Historic Preservation Office. A Tier 3 Categorical Exclusion is likely the required documentation. Include location studies and Section 4(f) evaluations if necessary. • Submit draft environmental document in electronic format for review by the City of Fayetteville and AHTD. • Perform alterations necessary to respond to comments made in the City of Fayetteville's and AHTD's reviews. • Submit final draft to the City of Fayetteville and AHTD for FHWA approval. • Prepare designated number of copies of environmental document after FHWA approval and distribute as directed. An electronic copy of the approved environmental document in pdf form will be provided to the AHTD. 7.4. Design • Prepare project design criteria and submit to AHTD for review before preliminary design work. AHTD Standard Specifications for Highway Construction will be used. • Complete site visit for visual verification of previous bridge inspection. • Develop an engineering design for the, roadway approach improvements and associated utility relocations, as needed. Submit design plans for review by the City of Fayetteville and AHTD at the 30%, 60%, and 90% stages. Submit an updated cost estimate with each design review, include costs for utilities, railroad permits, railroad personnel & equipment, etc at applicable. o Maple Street Bridge Design Scope ■ Complete approach design ■ Coordinate non city owned utility relocations • Design city owned utility relocations/extensions. o Lafayette Street Bridge Design Scope ■ Complete approach design ■ Coordinate non city owned utility relocations ■ Design city owned utility relocations/extensions • Replace or repair leaning wall at SW corner of approach using original plans to replicate existing wall — Take design from Horner and Shifrin, Inc and develop construction drawings, • Prepare necessary exhibits, and attend all necessary public involvement meetings and public hearings (5 total). • Coordinate design and construction with franchise utility companies' relocations to assure adequate space for all facilities and timely relocations. • Coordinate with Railroad to obtain any permits necessary for the Contractor to perform the work. • Prepare final construction plans and specifications for the roadway approach improvements. Plans will be completed in both Microstation and AutoCAD formats. • Provide right of way acquisition documents and engineering services required for acquisition of rights of way and easements if needed. • Provide a final set of signed and sealed roadway approach improvement drawings to AHTD Bridge Division for record purposes. • When requested, clarify and technical issues that may arise from contractors preparing a bid, and provide written documentation to assist in issuing addenda, as needed. 11 8. INFORMATION TO BE PROVIDED BY THE CITY OF FAYETTEVILLE 8.1. The City of Fayetteville shall make available to McClelland Consulting Engineers, Inc. all technical data in the City of Fayetteville's possession, including laboratory tests, maps, surveys, borings, and other information required by McClelland Consulting Engineers, Inc. and relating to McClelland Consulting Engineers, Inc.'s work. 9. TITLE 11 SERVICES TO BE PROVIDED BY MCCLELLAND CONSULTING ENGINEERS INC. 9.1. Survey Control McClelland Consulting Engineers, Inc. shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the Contractor and McClelland Consulting Engineers, Inc. in performing verification surveys of construction layout. McClelland Consulting Engineers, Inc. shall (1) make and record such measurements as are necessary to calculate and document quantities for pay items; and (2) perform incidental engineering surveys as may be necessary to carry out the services covered by this agreement and to verify and confirm the accuracy of the Contractor's survey layout work. All survey work shall be performed under the supervision of a Surveyor registered in the State of Arkansas. 9.2. Engineering Management Services • Review of shop drawings and submittals, as requested. • Provide design related solutions to construction problems and issues that may arise during construction. • Assist the City of Fayetteville in preparing for any litigation or other action that may arise as a result of the Project. • McClelland Consulting Engineers, Inc. does not make any representation as to the legal sufficiency of contracts it helps to coordinate and the City of Fayetteville if solely responsible for determining that all contracts meet its legal requirements. • Prepare the SWPPP documents and plans, and insure that all requirements of ADEQ and the City of Fayetteville are met. 10. COORDINATION WITH CITY OF FAYETTEVILLE 10.1. Throughout the Project, McClelland Consulting Engineers, Inc. shall hold monthly conferences, if needed, in Fayetteville, Arkansas, or such other location as designated by the City of Fayetteville, with representatives of the City of Fayetteville, the AHTD, and the FHWA so that as the Project progresses, McClelland Consulting Engineers, Inc. shall have full benefit of the City of Fayetteville's knowledge of existing needs and facilities and be consistent with the City of Fayetteville's current policies and practices. The extent and character of the work to be done by McClelland Consulting Engineers, Inc. shall be subject to the general oversight and approval of the City of Fayetteville. 11. OFFICE LOCATION FOR REVIEW OF WORK 11.1. Review of the work as it progresses and all files and documents produced under this Agreement may be made by representatives of the City of Fayetteville, the AHTD, and the FHWA at the project office of McClelland Consulting Engineers, Inc. located in 12 Fayetteville or Little Rock, Arkansas or at the regional offices of McClelland Consulting Engineers, Inc. located in N/A or McClelland Consulting Engineers, Inc.'s Arkansas office located at N/A. 12. ACCESS TO PROPERTY 12.1. McClelland Consulting Engineers, Inc.'s services to the City of Fayetteville may require entry upon private property. The City of Fayetteville will present or mail to private landowners a letter of introduction and explanation, describing the work, which shall be drafted by McClelland Consulting Engineers, Inc.. McClelland Consulting Engineers, Inc. will make reasonable attempts to notify resident landowners who are obvious and present when McClelland Consulting Engineers, Inc. is in the field. McClelland Consulting Engineers, Inc. is not expected to provide detailed contact with individual landowners. McClelland Consulting Engineers, Inc. is not expected to obtain entry by means other than the consent of the landowner. If McClelland Consulting Engineers, Inc. is denied entry to private property by the landowner, McClelland Consulting Engineers, Inc. will not enter the property. If denied entry to the property, McClelland Consulting Engineers, Inc. shall notify the City of Fayetteville and advise the City of Fayetteville of an alternate evaluation method if one is feasible. The City of Fayetteville shall decide on the course of action to obtain access to the property. 13. DELIVERABLES 13.1. Meeting minutes, correspondence, bi-weekly project estimates, materials testing reports, environmental documents, design submittals and survey data files for the project. At the close of the project, the records will be assembled in accordance with current City of Fayetteville and AHTD policies and submitted to the City of Fayetteville and AHTD for review and approval. 14. SUBCONTRACTING 14.1. Unless expressly disclosed in Appendix B, McClelland Consulting Engineers, Inc. may not subcontract any of the services to be provided herein without the express written approval of the City of Fayetteville. All subcontractors, including those listed in Appendix B, shall be bound by the terms of this Agreement. All subcontractors shall be subject to all contractual and legal restrictions concerning payment and determination of allowable costs, and subject to all disclosure and audit provisions contained herein and in any applicable federal or state law. 14.2. Unless the consent or approval specifically provides otherwise, neither consent by the City of Fayetteville to any subcontract nor approval of McClelland Consulting Engineers, Inc.'s purchasing system shall constitute a determination (1) of the acceptability of any subcontract terms or conditions, (2) of the acceptability of any subcontract price or of any amount paid under any subcontract, or (3) to relieve McClelland Consulting Engineers, Inc. of any responsibility, obligation, or duty under this Agreement. 14.3. No subcontract placed under this Agreement shall provide for payment on a cost- plus -a -percentage -of -cost basis, and any fee payable under cost -reimbursement subcontracts shall not exceed the fee limitations of the FAR. 14.4, Furthermore, notwithstanding any other provision within this Agreement, no reimbursement or payment for any markup of the cost of any subcontract shall be 13 considered by the City of Fayetteville without the express written agreement of the City of Fayetteville. 14.5. Prompt Payment. McClelland Consulting Engineers, Inc. shall pay subcontractors for satisfactory performance of their subcontracts within 30 days of receipt of each payment by the City of Fayetteville to McClelland Consulting Engineers, Inc.. Any retainage payments held by McClelland Consulting Engineers, Inc. must be returned to the subcontractor within 30 days after the subcontractor's work is completed. Failure to comply with this provision shall be considered a Default by McClelland Consulting Engineers, Inc.. If McClelland Consulting Engineers, Inc. fails to comply with this provision, in addition to any other rights or remedies provided under this Agreement, the City of Fayetteville, at its sole option and discretion, may: • make payments directly to the subcontractor and offset such payments, along with any administrative costs incurred by the City of Fayetteville, against reimbursements or payments otherwise due McClelland Consulting Engineers, Inc.; • notify any sureties; and/or, • withhold any or all reimbursements or payments otherwise due to McClelland Consulting Engineers, Inc. until McClelland Consulting Engineers, Inc. ensures that the subcontractors have been and will be promptly paid for work performed. 14.6. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 15. RESPONSIBILITY OF MCCLELLAND CONSULTING ENGINEERS, INC. 15.1. Notwithstanding any review, approval, acceptance, or payment by the City of Fayetteville, McClelland Consulting Engineers, Inc. shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by McClelland Consulting Engineers, Inc. under this Agreement. McClelland Consulting Engineers, Inc. shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. 15.2. McClelland Consulting Engineers, Inc. shall demonstrate to the City of Fayetteville the presence and implementation of quality assurance in the performance of McClelland Consulting Engineers, Inc.'s work. McClelland Consulting Engineers, Inc. shall identify individual(s) responsible, as well as methods used to determine the completeness and accuracy of drawings, specifications, and cost estimates. 15.3. McClelland Consulting Engineers, Inc. further agrees that in its performance of work under this Agreement, it shall adhere to the requirements in the Design Standards of the AHTD and FHWA, which shall be incorporated herein by reference. 15.4. The City of Fayetteville shall have the right at any time and in its sole discretion to submit for review all or any portion of McClelland Consulting Engineers, Inc.'s work to consulting engineers engaged by the City of Fayetteville for that purpose. McClelland Consulting Engineers, Inc. shall fully cooperate with any such review. 15.5. McClelland Consulting Engineers, Inc. and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. 15.6. Neither the City of Fayetteville's review, approval, or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of 14 any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. McClelland Consulting Engineers, Inc. shall be and remain liable to the City of Fayetteville for all damages to the City of Fayetteville caused by McClelland Consulting Engineers, Inc.'s negligent performance of any of the services furnished under this Agreement. 15.7. The rights and remedies of the City of Fayetteville provided under this Agreement are in addition to any other rights and remedies provided by law. 15.8. If McClelland Consulting Engineers, Inc. is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 16. WARRANTY OF SERVICES 16.1. Definitions. Acceptance, as used in this Agreement, means the act of an authorized representative of the City of Fayetteville by which the City of Fayetteville approves specific services, as partial or complete performance of the Agreement. Correction, as used in this Agreement, means the elimination of a defect. 16.2. Notwithstanding inspection and acceptance by the City of Fayetteville or any provision concerning the conclusiveness thereof, McClelland Consulting Engineers, Inc. warrants that all services performed and work product under this Agreement will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this Agreement. 16.3. If McClelland Consulting Engineers, Inc. is required to correct or re -perform, it shall be at no cost to the City of Fayetteville, and any services corrected or re -performed by McClelland Consulting Engineers, Inc. shall be subject to this Section to the same extent as work initially performed. If McClelland Consulting Engineers, Inc. fails or refuses to correct or re -perform, the City of Fayetteville may, by contract or otherwise, correct or replace with similar services and charge to McClelland Consulting Engineers, Inc. the cost occasioned to the City of Fayetteville thereby, or make an equitable adjustment in the Contract Price. 16.4. If the City of Fayetteville does not require correction or re -performance, the City of Fayetteville shall make an equitable adjustment in the Contract Price. 16.5. Nothing within this Section shall constitute a waiver or exclusion of any other right or remedy that the City of Fayetteville may possess at law or under this Agreement. 17. TERM, COMMENCEMENT, AND COMPLETION 17.1. This Agreement shall commence on the effective date set forth above and remain in effect until the completion of McClelland Consulting Engineers, Inc.'s Scope of Services, as defined herein, to be completed within a period of nine (9) months, unless extended or terminated by the City of Fayetteville in accordance with this Agreement. 17.2. McClelland Consulting Engineers, Inc. shall begin work under the terms of this Agreement within ten (10) days of receiving written notice to proceed. [If services are to be performed in subsequent phases, then each phase shall be commenced upon the City of Fayetteville's approval of the previous phase. McClelland Consulting Engineers, Inc. shall not be entitled to any compensation or reimbursement for services performed in a phase unless and until it has received approval from the City of Fayetteville to proceed with such services.] 15 17.3. It is further agreed that time is of the essence in performance of this Agreement. McClelland Consulting Engineers, Inc. shall complete the work, or each phase, as scheduled, and the City of Fayetteville shall provide any required approval of the work or phase meeting the requirements contained herein in a reasonable and timely manner. The Project shall be completed as follows: Topographic Survey Environmental Documentation Geotech nical Investigation Submit 30% Design for Review/Comment Submit 60% Design for Review/Comment Submit 90% Design for Review/Comment Submit 100% Design for Review/Approval 18. TERMINATION 6 weeks from notice to proceed 16 weeks from notice to proceed 6 weeks from notice to proceed 13 weeks from notice to proceed 4 weeks from 30% approval 11 weeks from 60% approval 7 weeks from 90% approval 18.1. The City of Fayetteville may terminate this Agreement in whole or, from time to time, in part, for the City of Fayetteville's convenience or because of the Default of McClelland Consulting Engineers, Inc.. 18.2, The City of Fayetteville shall terminate this Agreement by delivering to McClelland Consulting Engineers, Inc. written notice of the termination. 18.3. Upon receipt of the notice, McClelland Consulting Engineers, Inc. shall: Immediately discontinue all services affected (unless the notice directs otherwise). • Deliver to the City of Fayetteville all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Agreement, whether completed or in process. • Terminate all subcontracts to the extent they relate to the work terminated. • In the sole discretion and option of the City of Fayetteville, and if and only if requested to do so, assign to the City of Fayetteville all right, title, and interest of McClelland Consulting Engineers, Inc. under the subcontracts terminated, in which case the City of Fayetteville shall have the right to settle any claim or dispute arising out of those subcontracts without waiver of any right or claim the City of Fayetteville may possess against McClelland Consulting Engineers, Inc.. • With approval or ratification by the City of Fayetteville, settle all outstanding liabilities arising from the termination of subcontracts, the cost of which would be allowable in whole or in part, under this Agreement. • Complete performance of any work not terminated. Take any action that may be necessary, or that the City of Fayetteville may direct, for the protection and preservation of the property related to this Agreement which is in the possession of McClelland Consulting Engineers, Inc. and in which the City of Fayetteville has or may acquire an interest. 18.4. If the termination is for the convenience of the City of Fayetteville, the City of Fayetteville shall make an equitable adjustment in the Contract Price, subject to the 16 Ceiling Prices and Funding Limitations provisions, but shall allow no anticipated fee or profit on unperformed services. 18.5. If the termination is for McClelland Consulting Engineers, Inc.'s Default, the City of Fayetteville may complete the work by contract or otherwise and McClelland Consulting Engineers, Inc. shall be liable for any reasonable and necessary additional cost incurred by the City of Fayetteville to the extent caused by McClelland Consulting Engineers, Inc.'s default. 18.6. Disputes and claims arising from termination of this Agreement shall be governed by Section 28, Claims and Disputes (48 CFR 31.205-42(e) (2)). 18.7. The rights and remedies of the City of Fayetteville provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. 19. STOP WORK ORDERS 19.1. The City of Fayetteville may, at any time, by written order to McClelland Consulting Engineers, Inc., require McClelland Consulting Engineers, Inc. to stop all, or any part, of the work called for by this Agreement for a period of up to 90 days after the order is delivered to McClelland Consulting Engineers, Inc., and for any further period to which the parties may agree. Upon receipt of the order, McClelland Consulting Engineers, Inc. shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop work order is delivered to McClelland Consulting Engineers, Inc., or within any extension of that period to which the parties shall have agreed, the City of Fayetteville shall either- 19.1.1. Cancel the stop work order; or 19.1.2. Terminate the work pursuant to Section 18, Termination. 19.2. If a stop work order issued under this Section is canceled or the period of the order or any extension thereof expires, McClelland Consulting Engineers, Inc. shall resume work. The City of Fayetteville shall make an equitable adjustment in the delivery schedule or Contract Price, or both, and the Agreement shall be modified in writing accordingly, if — The stop work order was not issued because of McClelland Consulting Engineers, Inc.'s Default in its performance of its obligations under any part of this Agreement; and, • The stop work order results in an increase in the time required for, or in McClelland Consulting Engineers, Inc.'s cost properly allocable to, the performance of any part of this Agreement; and, • McClelland Consulting Engineers, Inc_ provides Notice of Potential Claim pursuant to Section 28, Disputes and Claims. 20. CHANGES 20.1. The City of Fayetteville may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this Agreement, including but not limited to: (1) drawings, designs, or specifications; (2) time of performance (i.e., 17 hours of the day, days of the week, etc.); and (3) places of inspection, delivery, or acceptance. 20.2. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this Agreement, whether or not changed by the order, the City of Fayetteville shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both; (2) amount of any fee; and (3) other affected terms. 20.3. All claims and disputes shall be governed by the Section 28, Claims and Disputes. As provided in Section 28, McClelland Consulting Engineers, Inc. must provide written notice of its intention to make a claim for additional compensation before beginning the work on which the claim is based. If such notice is not given, McClelland Consulting Engineers, Inc. hereby agrees to waive any claim for such additional compensation. 20.4. Failure to agree to any adjustment shall be a dispute under Section 28, Disputes and Claims. However, nothing in this Section or any other provision of this Agreement shall excuse McClelland Consulting Engineers, Inc. from proceeding with the Agreement as changed. 21. OWNERSHIP OF DOCUMENTS & DATA 21.1. All project documents and data, regardless of form and including but not limited to original drawings, disks of CADD drawings, cross -sections, estimates, files, field notes, and data, shall be the property of the City of Fayetteville. McClelland Consulting Engineers, Inc. shall further provide all documents and data to the City of Fayetteville upon the City of Fayetteville's request. McClelland Consulting Engineers, Inc. may retain reproduced copies of drawings and other documents. In the event that any patent rights or copyrights are created in any of the documents, data compilations, or any other work product, the City of Fayetteville shall have an irrevocable license to use such documents, or data compilations, or work product. 22. PATENT AND COPYRIGHT INFRINGEMENT 22.1. McClelland Consulting Engineers, Inc. shall report to the City of Fayetteville, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this Agreement of which McClelland Consulting Engineers, Inc. has knowledge. 22.2. In the event of any claim or suit against the City of Fayetteville on account of any alleged patent or copyright infringement arising out of the performance .of this Agreement or out of the use of any supplies furnished or work or services performed under this Agreement, McClelland Consulting Engineers, Inc. shall furnish to the City of Fayetteville, when requested by the City of Fayetteville, all evidence and information in possession of McClelland Consulting Engineers, Inc. pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of McClelland Consulting Engineers, Inc.. 22.3. McClelland Consulting Engineers, Inc. agrees to include, and require inclusion of, the provisions of this Section in all subcontracts at any tier for supplies or services. 22.4. McClelland Consulting Engineers, Inc. shall indemnify the City of Fayetteville and its officers, agents, and employees against liability, including costs and attorneys' fees, for infringement of any United States patent or copyright arising from the manufacture or 18 delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Agreement, or out of the use or disposal by or for the account of the City of Fayetteville of such supplies or construction work. 22.5. This indemnity shall not apply unless McClelland Consulting Engineers, Inc. shall have been informed within ten (10) business days following the City of Fayetteville's receipt of legal notice of any suit alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to (1) an infringement resulting from compliance with specific written instructions of the City of Fayetteville directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the Agreement not normally used by McClelland Consulting Engineers, Inc., (2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or (3) a claimed infringement that is unreasonably settled without the consent of McClelland Consulting Engineers, Inc., unless required by final decree of a court of competent jurisdiction. 23. BANKRUPTCY 23.1. In the event McClelland Consulting Engineers, Inc. enters into proceedings relating to bankruptcy, whether voluntary or involuntary, McClelland Consulting Engineers, Inc. agrees to furnish, by certified mail, written notice of the bankruptcy to the City of Fayetteville. This notice shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notice shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of AHTD job numbers and FAP numbers for all contracts with City of Fayetteville against which final payment has not been made. This obligation remains in effect until final payment under this Agreement. 24. FUNDING LIMITATIONS 24.1. The City of Fayetteville's obligations under this Agreement are contingent upon the availability of appropriated funds from which payments under the terms of this Agreement can be made in this and each subsequent fiscal year for the duration of the Agreement. No legal liability on the part of the City of Fayetteville of any kind whatsoever under this Agreement shall arise until funds are made available to the City of Fayetteville for performance of this Agreement, including those to be appropriated and provided by the State of Arkansas and those to be provided by the United States. 25. SUCCESSORS AND ASSIGNS 25.1. This Agreement shall be binding upon the parties and their successors and assigns, and except as expressly set forth herein, neither the City of Fayetteville nor McClelland Consulting Engineers, Inc. may assign, delegate, or transfer any benefit or obligation under this Agreement without the express written consent of the other party. Nothing herein shall be construed as a waiver of any immunity or as creating any personal liability on the part of any officer or agent of the City of Fayetteville or any other governmental entity either made a party to, or having any interest in, this Agreement. 19 26. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY 26.1. Indemnity. McClelland Consulting Engineers, Inc. shall hold harmless and indemnify the City of Fayetteville and the AHTD, their officers, employees, and agents, from and for all claims and liabilities stemming from any wrongful (whether negligent, reckless, or intentional) acts or omissions on the part of McClelland Consulting Engineers, Inc. and its subcontractors, and their agents and employees. 26.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or representative of the City of Fayetteville or the AHTD shall be liable to McClelland Consulting Engineers, Inc. in a personal or individual capacity under any term of this Agreement, because of any breach thereof, or for any act or omission in its execution or performance. 26.3. Independent Contractor Relationship. The parties intend that McClelland Consulting Engineers, Inc. shall be an independent contractor of the City of Fayetteville and that McClelland Consulting Engineers, Inc. shall be liable for any act or omission of McClelland Consulting Engineers, Inc. or its agents, employees, or subcontractors arising under or occurring during the performance of this Agreement. No act or direction of the City of Fayetteville shall be deemed to be an exercise of supervision or control of McClelland Consulting Engineers, Inc.'s performance. 27. INSURANCE 27.1. Professional Liability Insurance Coverage. McClelland Consulting Engineers, Inc. shall maintain at all times during the performance of services under this Agreement professional liability insurance coverage for errors, omissions, and negligent acts arising out of the performance of this Agreement in an amount per claim of not less than five (5) times the original Contract Ceiling Price or $1,000,000, whichever is less. Such insurance shall extend to McClelland Consulting Engineers, Inc. and to its legal representatives in the event of death, dissolution, or bankruptcy, and shall cover the errors, omissions, or negligent acts of McClelland Consulting Engineers, Inc.'s subcontractors, agents, and employees. Such insurance shall extend to any errors, omissions, and negligent acts in the performance of services under this Agreement committed by McClelland Consulting Engineers, Inc. or alleged to have been committed by McClelland Consulting Engineers, Inc. or any person for whom McClelland Consulting Engineers, Inc. is legally responsible. 27.2. Deductible. McClelland Consulting Engineers, Inc. may maintain a professional liability insurance policy with a deductible clause in an amount approved by the City of Fayetteville if, in the judgment and opinion of the City of Fayetteville, McClelland Consulting Engineers, Inc.'s financial resources are sufficient to adequately cover possible liability in the amount of the deductible. McClelland Consulting Engineers, Inc. shall submit promptly to the City of Fayetteville, upon request as often as quarterly, detailed financial statements and any other information requested by the City of Fayetteville to reasonably determine whether or not McClelland Consulting Engineers, Inc.'s financial resources are sufficient to adequately cover possible liability in the amount of the deductible. 27.3. Worker's Compensation Insurance. McClelland Consulting Engineers, Inc. shall at all times during the Term of this Agreement maintain Worker's Compensation and Employers Liability Insurance as required under Arkansas law. 27.4. General Liability Insurance. McClelland Consulting Engineers, Inc. shall at all times during the term of this Agreement maintain comprehensive general liability insurance 20 coverage for bodily injury and property damage in the combined single limit of $1,000,000, and comprehensive automobile liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000, which shall cover all owned, hired, and non -owned vehicles. McClelland Consulting Engineers, Inc.'s insurance coverage shall also cover restoration of plans, drawings, field notes, and other documents in the event of their loss or destruction while in the custody of McClelland Consulting Engineers, Inc.. 27.5. Insurance Policies and Certificates. McClelland Consulting Engineers, Inc. shall provide the City of Fayetteville upon request copies of its insurance policies and evidence satisfactory to the City of Fayetteville concerning the effectiveness and the specific terms of the insurance. Prior to the execution of this Agreement, McClelland Consulting Engineers, Inc. shall furnish to the City of Fayetteville certificates of insurance reflecting policies in force, and it shall also provide certificates evidencing all renewals of any expiring insurance policy required hereunder within thirty (30) days of the expiration thereof. McClelland Consulting Engineers, Inc.'s failure to provide and continue in force and effect any insurance required under this Article shall be deemed a Default for which City of Fayetteville, in its sole discretion, may terminate this Agreement immediately or on such other terms as it sees fit. 27.6. Additional Insurance Requirements. All insurance maintained by McClelland Consulting Engineers, Inc. pursuant to this Section shall be written by insurance companies licensed to do business in Arkansas, in form and substance satisfactory to the City of Fayetteville, and shall provide that the insurance will not be subject to cancellation, termination, or change during its term except upon thirty (30) days prior written notice to the City of Fayetteville. 27.7. Duration of Insurance Obligations. McClelland Consulting Engineers, Inc. shall maintain its professional insurance coverage required under this Agreement in force and effect for a period not less than five years after the final acceptance of the project or the completion of McClelland Consulting Engineers, Inc.'s services under this Agreement, whichever comes later. Comprehensive General Liability Insurance Coverage required under this Agreement shall be in full force and effect until the final acceptance or the completion of McClelland Consulting Engineers, Inc.'s services, whichever comes later. All other insurance shall be maintained in full force and effect until final acceptance of the project or completion of McClelland Consulting Engineers, Inc.'s services, whichever comes first. 27.8. McClelland Consulting Engineers, Inc.'s Insurance Primary. All insurance policies maintained by McClelland Consulting Engineers, Inc. pursuant to this Agreement shall provide that McClelland Consulting Engineers, Inc.'s insurance shall be primary and the City of Fayetteville's own insurance shall be non-contributing. 27.9. Additional Insured. All liability insurance policies, except the professional liability policy, maintained by McClelland Consulting Engineers, Inc. pursuant to this Agreement shall be endorsed to include the City of Fayetteville, its officers, directors, managers, employees, agents, assigns and representatives, individually and collectively, as additional insured, and all property damage insurance shall be endorsed with a waiver of subrogation by the insurer as to the City of Fayetteville. 28. DISPUTES AND CLAIMS 28.1. Notice of Potential Claim. Whenever a McClelland Consulting Engineers, Inc. deems that any additional compensation is due, McClelland Consulting Engineers, Inc. shall notify the City of Fayetteville in writing of its intention to make a claim for additional 21 compensation ("Notice of Potential Claim") before beginning the work that gives rise to the claim. 28.2. Time & Manner for Submitting Claim. All disputes and claims shall first be submitted in writing to the City of Fayetteville within 45 calendar days after the completion or termination date. McClelland Consulting Engineers, Inc. hereby agrees that the failure to submit the dispute or claim to the City of Fayetteville prior to 45 calendar days after the completion or termination date shall constitute a waiver of the dispute or claim. 28.3. Form. All disputes and claims must be submitted in writing and in sufficient detail to permit the City of Fayetteville to determine the basis for entitlement and the actual allowable costs incurred. Each claim must contain: • A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected by the claim; • The date the actions resulting in the claim occurred or conditions resulting in the claim became evident; • A copy of the "Notice of Potential Claim"; • The name, title, and activity of each City of Fayetteville's employee knowledgeable about facts that gave rise to such claim; • The name, title, and activity of each McClelland Consulting Engineers, Inc., Subcontractor, or employee knowledgeable about the facts that gave rise to the claim; • The specific provisions of the Agreement that support the claim and a statement why such provisions support the claim; • The identification and substance of any relevant documents, things, or oral communications related to the claim; • A statement whether the claim is based on provisions of the Agreement or an alleged breach of the Agreement; • If an extension of time is sought, the specific number of days sought and the basis for the extension; • The amount of additional compensation sought and a specific cost breakdown of the amount claimed; and, • Any other information or documents that are relevant to the claim. 28.4. Decision and Appeal. The decision of the City of Fayetteville shall be final and conclusive. 28.5. Continued Performance. Pending final resolution of a dispute or claim, unless the City of Fayetteville has terminated this Agreement pursuant to Section 18 or issued a stop work order pursuant to Section 19, McClelland Consulting Engineers, Inc. shall proceed diligently with the performance of this Agreement in accordance with the City of Fayetteville's decisions. 22 28.6. The rights and remedies of the City of Fayetteville provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. If the City of Fayetteville decides the facts justify the action, the City of Fayetteville may, at its sole option and discretion, receive and act upon a proposal, dispute, or claim submitted at any time before final payment under this Agreement. 29. COVENANT AGAINST CONTINGENCY FEES 29.1. McClelland Consulting Engineers, Inc. warrants that no person or agency has been employed or retained to solicit or obtain this Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the City of Fayetteville shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration, or otherwise recover, the full amount of the contingent fee. 29.2. Bona fide agency, as used in this Section, means an established commercial or selling agency, maintained by McClelland Consulting Engineers, Inc. for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence. 29.3. Bona fide employee, as used in this Section, means a person, employed by McClelland Consulting Engineers, Inc. and subject to McClelland Consulting Engineers, Inc.'s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence. 29.4. Contingent fee, as used in this Section, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. 29.5. Improper influence, as used in this Section, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter. 30. TITLE VI ASSURANCES (NONDISCRIMINATION) During the performance of this Agreement, McClelland Consulting Engineers, Inc., for itself, successors, and assigns, certifies and agrees as follows: 30.1. Compliance with Regulations. McClelland Consulting Engineers, Inc. shall comply with the Regulations relative to Title VI (Nondiscrimination in Federally -assisted programs of the Department of Transportation and its operating elements, especially Title 49, Code of Federal Regulations, Part 21 and 23 Code of Federal Regulations, as amended, and hereinafter referred to as the Regulations). These regulations are herein incorporated by reference and made a part of this Agreement. Title VI provides that the recipients of Federal financial assistance will maintain and implement a policy of nondiscrimination in which no person shall, on the basis of race, color, national origin, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by recipients of Federal financial assistance or their assignees and successors in interest. 23 30.2. Nondiscrimination. McClelland Consulting Engineers, Inc., with regard to the work performed by it during the term of this Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. McClelland Consulting Engineers, Inc. shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the USDOT Regulations. 30.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all solicitations, either by competitive bidding or negotiation, made by McClelland Consulting Engineers, Inc. for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by McClelland Consulting Engineers, Inc. of McClelland Consulting Engineers, Inc.'s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, or disability. 30.4. Information and Reports. McClelland Consulting Engineers, Inc. shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities by the City of Fayetteville, the AHTD, or the USDOT and its Affiliated Modes to be pertinent to ascertain compliance with such regulations or directives. Where any information required of McClelland Consulting Engineers, Inc. is in the exclusive possession of another who fails or refuses to furnish this information, McClelland Consulting Engineers, Inc. shall so certify to the City of Fayetteville, the AHTD or the FHWA, as appropriate, and shall set forth what efforts it has made by McClelland Consulting Engineers, Inc. to obtain the information. 30.5. Sanctions for Noncompliance. In the event of McClelland Consulting Engineers, Inc.'s noncompliance with the nondiscrimination provisions of this Agreement, the City of Fayetteville shall impose such contract sanctions as it, the AHTD, or the USDOT and its Affiliated Modes may determine to be appropriate, including but not limited to, withholding of payments to McClelland Consulting Engineers, Inc. under the Agreement until McClelland Consulting Engineers, Inc. complies with the provisions and cancellation, termination, or suspension of the Agreement, in whole or in part. 30.6. Incorporation of Provisions. McClelland Consulting Engineers, Inc. shall include the terms and conditions of this section in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. McClelland Consulting Engineers, Inc. shall take such action with respect to any subcontract or procurement as the City of Fayetteville, the AHTD, or USDOT and its Affiliated Modes may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, however that, in the event McClelland Consulting Engineers, Inc. becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, McClelland Consulting Engineers, Inc. may request the City of Fayetteville to enter into the litigation to protect the interests of the State and litigation to protect the interest of the United States. 31. DBE CLAUSE 31.1. McClelland Consulting Engineers, Inc. or subcontractor shall not discriminate on the basis of race, color, national origin, sex, age, religion, or disability in the performance of this Agreement. McClelland Consulting Engineers, Inc. shall comply with the applicable 24 requirements of 49 C.F.R. Part 26 and perform any actions necessary to maintain compliance in the award and administration of DOT -assisted contracts. Failure by McClelland Consulting Engineers, Inc. to comply with or perform these requirements is a material breach of this Agreement, which may result in the cancellation, termination, or suspension of this Agreement in whole or in part, or such other remedy that the City of Fayetteville may determine appropriate. 31.2. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 32. TITLE II OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION) 32.1 McClelland Consulting Engineers, Inc. will comply with the provisions of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. 32.2 McClelland Consulting Engineers, Inc., during the term of this Agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion or disability, in admission or access to and treatment in programs and activities associated with this Agreement, or in the selection and retention of subcontractors, including procurement of material and leases of equipment. McClelland Consulting Engineers, Inc. shall not participate either directly or indirectly in any discrimination prohibited by the Regulations, including employment practices. 32.3In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the City of Fayetteville's Notice of Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets, brochures, and any other publications associated with this Agreement that are made available to the public, program participants, applicants or employees. 33. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS 33.1. McClelland Consulting Engineers, Inc. certifies, to the best of its knowledge and belief, that- 33.1.1. McClelland Consulting Engineers, Inc. and any of its Principals- 33.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal or state agency; 33.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 33.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in Subsection 33.1.1.2; and, 25 33.1.1.4. McClelland Consulting Engineers, Inc. has not within a 3-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency. 33.2. Principals, for the purposes of this certification, means officers; directors; City of Fayettevilles; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18, United States Code, as well as any other applicable federal and state laws. 33.3. McClelland Consulting Engineers, Inc. shall provide immediate written notice to the City of Fayetteville if, at any time prior to contract award, McClelland Consulting Engineers, Inc. learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The certification in Subsection 33.1 is a material representation of fact upon which reliance was placed when making award. If it is later determined that McClelland Consulting Engineers, Inc. knowingly rendered an erroneous certification, the City of Fayetteville may terminate the contract resulting from this solicitation for default in addition to any other remedies available to the City of Fayetteville. 34. MISCELLANEOUS 34.1. General Compliance with Laws. McClelland Consulting Engineers, Inc. shall comply with all Federal, State, and local laws, regulations, and ordinances applicable to the work, including but not limited to, the Americans with Disabilities Act and Occupational Safety and Health Act as amended. 34.2. Registered Professional Engineer's Endorsement. All plans, specifications, estimates, and engineering data provided by McClelland Consulting Engineers, Inc. shall be endorsed and recommended by an authorized representative of McClelland Consulting Engineers, Inc., who shall be a registered Professional Engineer licensed in the State of Arkansas. 34.3. Choice of Law. This Agreement shall be governed by the laws of the State of Arkansas without consideration of its choice of law provisions. 34.4. Choice of Forum. McClelland Consulting Engineers, Inc. agrees that any cause of action stemming from or related to this Agreement, including but not limited to disputes or claims arising under this Agreement, for acts or omissions in the performance, suspension, or termination of this Agreement, whether sounding in contract or tort, equity or law, may only be brought in the appropriate forum within State of Arkansas. 34.5. No Waiver of Immunity. The City of Fayetteville expressly does not waive any defense of immunity that it may possess under either federal or state law, and no provision in this Agreement shall be construed to constitute such a waiver in whole or in part. 34.6. Conflicts Between Laws, Regulations, and Provisions. 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, State law and regulations, Department and FHWA Design Standards, and this Agreement. 26 34.7. Severability. If any term or condition of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, all remaining terms of this Agreement shall remain valid and enforceable unless one or both of the parties would be materially prejudiced. 34.8. No -Waiver. The failure of the City of Fayetteville to strictly enforce any term of this Agreement shall not be construed as a waiver of the City of Fayetteville's right to require McClelland Consulting Engineers, Inc.'s subsequent performance of the same or similar obligation or duty. 34.9. Modification and Merger. This written Agreement and any provisions incorporated by reference reflect the entire agreement of the parties and may be modified only by the express written agreement of both parties. 35. CERTIFICATION OF AUTHORIZED REPRESENTATIVES 35.1. This Agreement and the certifications contained herein or attached hereto constitute the whole Agreement of the parties, and each party certifies that this Agreement and any attached certification have been executed by their duly authorized representatives. 27 36. NOTICE 36.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be addressed to either the City of Fayetteville's Representative or McClelland Consulting Engineers, Inc.'s Representative, and mailed or hand -delivered to: 36.1.1. To the City of Fayetteville's Representative: City of Fayetteville 113 West Mountain Fayetteville, AR 72701 36.1.2. To McClelland Consulting Engineers, Inc.: McClelland Consulting Engineers, Inc. 1810 North College Avenue P.O. Box 1229 Fayetteville, AR 72703/72702-1229 IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out above. McClelland Consulting Engineers, Inc. City of Fayetteville, Arkansas BY: �lca----- BY: Name Name ' Title Title APPENDICES 28 APPENDIX A JUSTIFICATION OF FEES AND COSTS APPENDIX B SUBCONTRACTS — Horner & Shifrin, Inc. APPENDIX C STANDARD CERTIFICATIONS APPENDIX D GENERAL AND DETAILED SCOPE OF WORK FOR CONTROL SURVEYS, DESIGN SURVEYS, AND LAND SURVEYS — 29 APPENDIX C State Job No. 040618 C-1 Federal Aid Project No. BRN-9142(29) CERTIFICATION OF MCCLELLAND CONSULTING ENGINEERS, INC. I hereby certify that 1, Daniel Barnes, am the President, Fayetteville, Office and duly authorized representative of the firm of McClelland Consulting Engineers, Inc. whose headquarters address is 900 West Markham, Little Rock, AR 72201 and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me) any fee contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; (d) included any costs which are not expressly allowable under the cost principles of the FAR of 48 CFR 31, whether direct or indirect. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas State Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. Furthermore, as a recipient of Federal Aid Highway Funds, I certify and hereby agree to the conditions of Title VI Assurances as outlined in Section 31 of this Agreement and shall insert the Notice of Nondiscrimination Statement as shown below in all solicitation of work or procurement of materials or equipment. NOTICE OF NONDISCRIMINATION STATEMENT The Firm of McClelland Consulting Engineers, Inc. ("Consultant"), complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, McClelland Consulting Engineers, Inc. does not discriminate on the basis of race, sex, color, age, national origin, or disability, in the admission, access to and treatment in McClelland Consulting Engineers, Inc.'s programs and activities, as well as McClelland Consulting Engineers, Inc.'s hiring or employment practices. Complaints of alleged discrimination and inquiries regarding McClelland Consulting Engineers, Inc.'s nondiscrimination policies may be directed to Andrea McGhee(ADA/504/Title VI Coordinator), P.O. Box 34087 Little Rock, AR 72203, 501-376-4522. (Voice/TTY 711), or, the following email address: amcghee@mcclelland-engrs.com. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. Authorized Firm Representative 30 Date APPENDIX C State Job No. 040618 C-3 Federal Aid Project No. BRN-9142(29) CERTIFICATION OF CITY OF FAYETTEVILLE ARKANSAS I hereby certify that I am the Mayor of the City of Fayetteville, Arkansas and that the aforementioned consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee contributions donation, or consideration of any kind: except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. Mayor, City of Fayetteville, Arkansas 31 Date Oud'A -AL, - - P.O. Box 7229 McCLELLAND , u fflrE,ONSULTING Fayetteville, AR 72702 ENGINEERS, INC. P. (479) 443-2377 5ainHANNIVERSARY F. (479) 443-9241 tegrity. Community. Excellence. www.mccleltand-engrs.com February, 14, 2013 Mr, Chris Brown, P.E. City of Fayetteville 125 West Mountain Street Fayetteville, AR 72701 RE: Maple Street and Lafayette Street Bridge Rehabilitation/Restoration Dear Mr. Brown: Thank you for allowing the McClelland Consulting Engineers/Horner & Shifrin Design Team to assist with the above referenced project! We have submitted our proposal to you for review and approval and look forward to attending the City Council Meeting next week. Based on multiple meetings with you and your staff, we are aware of the historical significance these structures have to both the City of Fayetteville and to the citizens as they have been listed on the National Register of Historic Places since 1995. We have included in the scope of our contract a significant environmental review that consists of coordination with multiple state/federal regulatory agencies. More specifically, we will be coordinating with the State Historic Preservation Office. Generally, the scope of this project consists of an evaluation of each structure so we can make a determination of what improvements will be needed. More specifically, we will be concentrating on wearing surfaces and guardrails as to maintain ultimate safety to the end user. We are fortunate to have the original design plans available to assist with this project so the original design intent can be modeled. Public meetings are additionally included in the scope to discuss the findings and our recommendations for rehabilitation/restoration to both of the structures prior to completing a detailed design. Both McClelland Consulting Engineers and Horner & Shifrin have experience will projects of historical significance including the Route 76 Bridge in Branson, MO., one of the country's oldest open spandrel arch designs. The Maple Street Bridge is also an open spandrel arch design. Not only will we comply with any requirements to maintain the historical integrity of this structure, we will work with the City and community to ensure that these structures maintain their important relationship to the surrounding historical neighborhoods. Thanks again for this opportunity and allowing us to be of servicel Sincerely, McClelland Consulting Engineers, Inc. Daniel Barnes, P.E. President, Fayetteville McClelland Consulting Engineers, Inc. —"Best Engineering Firm" Arkansas Business 2009, 2010 & 2012 Award Winner 20. EXAMPLE PROJECT KEY F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S NUMBER QUALIFICATIONS FOR THIS CONTRACT (Present as many projects as requested by the agency, or 10 projects, if not specified. 4 Complete one Section F for each project.) 22. YEAR COMPLETED LE AND LOCATION (City and State) PROFESSIONAL SERVICES CONNST UCTION (Inapplicable) IIi 2008 Junction Bridge Pulaski County, Arkansas 23. PROJECT OWNER'S INFORMATION b. POI�OFNTACT NAME c. POINT OF CONTACTTELEPHONE NUMBERRpJECTOWNER man Smith{501) 340-6800�laski CountyGRIEFDESCRIPTION OF PROJECT AND RELEVANCE TO TRACT (include scope. size, and cost) MOE was responsible for the design, survey and construction administration for the conversion ofJunctionBulatory approvge located in als from ar ousdowntown little Rock and North Little Rock from its railroad use to a pedestrian bridge. MCE coordinated re ldderal, state and local Ver zon Arena (NLR and on the south end near t Guard. The C1the River Market (LR) dge provides a andan lhas providedtpurpose for both Gated on the north and near destination and enjoyment. Junction Bridge is the only pedestrian bridge in the US with a lift span. The renovation of the 1,800 linear foot bridge, which was opened in 2008, was funded through grants from the Federal Transportation budget through the Arkansas Highway and Transportation Department (80%) and matching funds were 4 provided by the Cities of Little Rock and North Little Rock as well as Pulaski County (20%), Construction cost was approximately $6 million. 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT and McClelland Consulting Engineers, Inc. Little Rock, Arkansas Civic Engineer ABER 3ER F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAMS 20. EXAMPLE PROJECT KEY QUALIFICATIONS FOR THIS CONTRACT NUMBER (Present as many projects as requested by the agency, or 10 projects, if not specified. 5 Complete one Section F for each project.) pTLE AND LOCATION (City and State) 1 22. YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION (ifappiicabie) Clinton Presidential Park/Rock Island Bridge Little Rock, Arkansas 12010 2011 I tROJECT OWNER City of Little Rock 23. PROJECT OWNER'S INFORMATION b. POINT OF CONTACT NAME Jon Honeywell, P.E. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (include scope, size, and cost) OF GUN I AG I 1 ELhFHUNE N (501) 371-4811 MCE provided engineering services for the design of the bridge approaches for the conversion of the existing Rock Island Railroad Bridge from its rail use into a major pedestrian crossing on Arkansas River Trail. In addition to design services, MCE provided surveying services and coordinated regulatory approvals from various federal, state and local agencies. Design was completed in 2009, and the pedestrian bridge opened to the public in October 2011. The 2,600 linear foot converted bridge completes the 24 mile loop from Downtown Little Rock to Murray Lock and Dam. Construction cost was approximately $10 million. 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT McClelland Consulting Engineers, Inc. f Little Rock, Arkansas I Civil Engineer F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20• EXAMPLE PKDJEGI n y NUMf QUALIFICATIONS FOR THIS CONTRACT (Present as many projects as requested by the agency, or 10 projects, if not specified, g Complete one Section F for each project.) 21. TITLE AND LOCATION (City and State) ROUTE 76 OVER WHITE RIVER ) LAKE TANEYCOMO Branson, MO 22. YEAR COMPLETED PROFESSIONAL SERVICES I CONSTRUCTION (lf applicable) November 2009 November 2011 23. PROJECT OWNER'S INFORMATION a. PROJECT OWNER c. POINT OF CONTACT NAME c. POINT OF CONTACT TELEPHONE NUMBER Missouri Department of Transportation, Dennis Heckman, P.E. 573-751-0265 Bridge Division State Bridge Engineer__ 24, BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (include scope, size, and cost.) H The preservation of this historically significant bridge, constructed in 1931 over Lake Taneycomo in Branson, was the subject of great public interest. The bridge is eligible for the National Register of Historic Places and has been described as one of Missouri's most outstanding concrete highway bridges. There are photos of the rehabilitated bridge in hotel rooms and there is even a local magazine named after the bridge, "Both Sides of the Bridge" Homer & Shifrin engineers analyzed the existing structure and determined the deck joints at each pier had led to severe deterioration of the spandrel beams. In addition, the existing drainage system had failed and contributed to the corrosion. The 1087-foot long open spandrel arch bridge had a severely deteriorated deck beyond repair and required replacement. The bridge carries over 18,000 vehicles per day and therefore required accelerated construction to minimize impact to the traveling public. Horner & Shifrin evaluated several options to find the best solution. Precast concrete members were selected to minimize project time and cost. Precast spandrel beams were connected to existing spandrel column steel using a grouted connection. Specially designed precast deck panels were used as stay -in -place formwork for the cast -in -place portion of the slab. Because of the complexity of the structure, a finite element model including temperature, wind and construction loads was used to ensure the stability in the remaining arch rings and spandrel columns during all stages of construction. Concrete strength testing was completed so the material strength could be accurately represented in the model. The difficulty of obtaining information about a historic spandrel arch style of the bridge presented unique challenges that took careful consideration and research to understand how to execute the bridge rehabilitation. An open -style concrete barrier was selected to reflect the architectural history of the existing structure. During deck removal operations on the bridge, barges were placed underneath the demolition activities to prevent any debris from entering Lake Taneycomo. Most of the sidewalk, rail, deck and spandrel beams were removed in large pieces, which reduced the amount of small debris that fell to the barges. The team coordinated installation and maintenance of several best management practices along the shoreline to prevent the introduction of sediment into Lake Taneycomo from the project. Homer & Shifrin worked closely with MoDOT, Taney County and the cities of Branson and Hollister to design a rehabilitation solution that preserved the look of the bridge, yet met the tight project budget. 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION (City and State) (3) ROLE a. Horner & Shifrin, Inc. St. Louis, Missouri I Prime D11 The Red Covered Bridge: The Red Covered Bridge is a wooden covered bridge that runs over Big Bureau Creek, north of Princeton, Illinois. It was originally built in 1863, at a cost of $3,148.57. The 149- foot (45 m) span is one of five remaining covered bridges in Illinois, and it is still open to traffic. It was once part of the Peoria -Galena Trail. The bridge was added to the U.S. National Register of Historic Places on April 23, 19. The scope of work performed by Horner & Shifrin, Inc. was to add a fires suppression system to the bridge while not affecting the historic significance and while keeping the system hidden. Sugar Creek Covered Bridge: The first bridge across Sugar Creek in this area was built about 1827 by Thomas Black and his neighbors who wanted something better than a ford. That bridge was not a covered bridge and spanned the creek in neighboring Auburn township close to the border with Ball township. In 1880 Thomas Black built this covered bridge. This bridge is known as the Hedley (or Headley) bridge, or the Glenarm Bridge, or the Sugar Creek Covered bridge. It was rehabilitated in 1965, but I'm not finding any information on what work that entailed. A local commented that this bridge was still carrying traffic in the late 1970s. According to the NBI, in 1983 a prestressed concrete beam bridge was built just to the south. An article in the State Journal Register says the bridge was in use until 1984 - but it also claims it was built in 1827 which my research indicate is incorrect, so I'm not sure I trust it's dates. Based on an old photo, the bridge is currently higher above the water than it used to be. According to this N I U website, the bridge was extensively renovated in 1994. Maybe this was when the bridge was raised, and steel beams were added to carry the load, and the poured concrete abutments that have surface texture to look liked coursed stone were added. In 2002, the state added a fire -suppression sprinkler system and a video camera surveillance system. The bridge is handicap accessible. The paved old road alignment runs between the parking lot and the bridge, and the approach spans are wide, sturdy, and gently sloped. The scope of work performed by Horner & Shifrin, Inc. was to add a fires suppression system to the bridge while not affecting the historic significance and while keeping the system hidden. Shelby County: Three miles east of Cowden in Shelby County, Thompson Mill Covered Bridge crosses the Kaskaskia River. Completed in 1868 at the then- whopping cost of $2,500, this wonderfully restored piece of Illinois history is located on a once important route between Effingham and Springfield. It's named for the owner of a mill that was located near the bridge. It is the narrowest of all the covered bridges in Illinois, with a width of 10 feet 7 inches. This 105 foot -long Howe truss span is one of only five 19th century covered bridges remaining in Illinois. Covered bridges were constructed with a roof and sidewalls to protect the roadway from weather (not to keep horses from being spooked as many believe). This treasure of rural Illinois transportation history is on the National Register of Historic places and, though closed to automobiles, is open to pedestrian traffic. The scope of work performed by Horner & Shifrin, Inc. was to add a fires suppression system to the bridge while not affecting the historic significance and while keeping the system hidden. Abraham Lincoln Tomb Water Infiltration Repairs, Springfield. Horner & Shifrin, Inc. performed as structural and forensic consultants to assist the Architect in determining the cause and origin of water infiltration within the tomb. Current work includes removal of re -installation of all parapet rails, balustrades and paving stones, removal and replacement of the lead copper flashing and water proof membrane. Renovation of Lincoln's Home, Springfield, Illinois. Horner & Shifrin, Inc. assisted in the design and construction observation of the renovation of the historic timber two story residence. Specialties included the design enhancements to convert residential design load capacities to a museum load standards without visible evidence that would affect the cosmetic appearance of the home. Work was performed under the Nation Park Service standards and direction. Macoupin County Courthouse, Carlinville, IL. Horner & Shifrin, Inc. investigated the floor loading capacity of the attic level of the courthouse. Work was performed in the late 1980's for the County Engineer. Shelby County Courthouse, Shelbyville, IL. Horner & Shifrin, Inc. provided a feasibility study for ADA access for the 1882 courthouse. The study included an internal elevator, new entrances, ramps along with the structural assessment. Phase I design included the re -pointing portions of the stone foundations, enhancement of the bell tower stairways and walkways along with a new accessible entrance. Shepard Strawbridge House, University of Illinois — Springfield. Horner & Shifrin, Inc. provided a study of the investigation into the restoration of the historic house located on the campus of the University of Illinois at Springfield. The historic structure was being assessed for adaptation for the use of the foundation offices for the Springfield campus. Roof and Shingle Assessment, Incredibility Delicious - Springfield, IL. Horner & Shifrin, Inc. provided assessment, re -framing design and replacement of timber framing and singles for this structure listed on the National Historic Registry. 14 � O THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO Council Meeting of February 19, 2013 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Chris Brown, City Engineer Date: February 27, 2013 Subject: A Resolution approving an Agreement with McClelland Consulting Engineers, Inc. for professional services for the rehabilitation of the historic Maple Street Bridge and Lafayette Street Bridge in the amount of $27%045.55 and approve a Budget Adjustment. BACKGROUND: This project is located in central Fayetteville on the east side of the University of Arkansas campus on Maple Street and Lafayette Street over a single track of the Arkansas & Missouri Railroad. It is the intention of the City of Fayetteville to restore both historic bridges to their original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States. The following background is taken from the National Register of Historic Places Registration form for each bridge: Maple Street Overpass Significance "Constructed in 1936, The Maple Street Overpass is associated with the Arkansas Highway and Transportation Era historic context and is of the open masonry substructure type. Constructed under the authority of the St. Louis -San Francisco Railroad, the Arkansas State Highway Commission and the United States Bureau of Public Roads, it was designed by Frederick Lutt Johann, the well-known bridge designer who did an assortment of other work in Arkansas. Given its intact condition it retains sufficient integrity to remain associated with its historic period and with the Lutt Johann Bridge Company that constructed it." Description "Located on Maple Street at the point where it crosses the (former) Frisco Railroad line, the Maple Street Overpass is of reinforced concrete construction and consists of a single deck span supported by an arched substructure that transfers the load to the approach abutments. It is approximately 60 feet in length and 25 feet in width at its widest point. Its abutment and pier material is reinforced concrete, and its deck material is THE CITY OF FAYETTEVILLE, ARKANSAi asphalt laid over reinforced concrete. A decorative Art Deco -style balustrade with original inset lighting fixtures borders the pedestrian sidewalk on either side of the deck." Listed individually on the National Register of Historic Places on 5/26/95, #WA0795. Lafayette Street Overpass Significance "Constructed in 1938 by the contractor Ed. B. Mooney, Inc., the Lafayette Street Overpass is associated with the Arkansas Highway and Transportation Era historic context and is of the open masonry substructure type. Constructed under the authority of the St. Louis -San Francisco Railroad, the Arkansas State Highway Commission and the United States Bureau of Public Roads, its designer is not known. Given its intact condition it retains sufficient integrity to remain associated with its historic period, and stands as the best example of an Art Deco -influenced concrete bridge in Fayetteville." Description "Located on Lafayette Street at the point where it crosses the (former) Frisco Railroad line, the Lafayette Street Overpass is of reinforced concrete construction and consists of a three -span deck resting upon by two reinforced concrete supports (or three connected piers each) placed to either side of the railroad tracks and solid concrete abutments beneath the approaches. It is approximately 120 feet in length and 30 feet in width at its widest point. Its abutment and pier material is reinforced concrete, and its deck material is asphalt laid over reinforced concrete. A decorative metal balustrade connects substantial concrete posts that feature original inset lighting fixtures, and the balustrade borders the pedestrian sidewalk on either side of the deck." Listed individually on the National Register of Historic Places on 5/26/95, #WA0239. On February 16, 2011 in response to a letter from the City requesting federal funding for the Maple and Lafayette Street historic bridges, the City received a letter from the Arkansas State Highway and Transportation Department advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. In subsequent correspondence, the AHTD also confirmed that the two bridges may be combined into a single project for purposes of the program. The total estimate for rehabilitation of the two bridges (including deck replacement of the Maple Street bridge) is approximately $1.4 million. A request for Letters Of Interest was advertised on April 20, 2012 and the City received two valid responses on May 16th. On May 25th, a Selection Committee containing City Staff and one City Council Member convened and voted to request proposals from both firms. RFQ's were sent to both firms on July 3`d with a due date of July 27th. On July 30, 2012, a selection committee consisting of City staff and Alderman Bobby Ferrell selected McClelland Consulting Engineers (MCE) of Fayetteville to provide these services, along with their bridge subconsultants Horner and Shifrin of St. Louis. Since that time, the City has been working with the AHTD and MCE to develop a contract acceptable to all parties. THE CITY OF FAYETTEVILLE, ARKANSA� PROPOSAL: MCE has provided a proposed scope and fee in the amount of $279,045.55. This contract will be paid based on hourly rates for work completed, up to the total contract amount. Members of City staff met with the citizen that expressed concern with the contract at the February 19t" Council meeting, and changes to the contract resulting from that meeting have been made and are attached. These changes have been sent to the AHTD; as of the date of this memo, AHTD has not indicated whether or not the changes are acceptable. This design project will provide for the rehabilitation of two historic bridges including repairing/replacing the retaining wall near the Lafayette Bridge only, repair/replace bridge railings, period lighting, deck surfacing, expansion joints, abutment bearings, deck drains, concrete fascia beams, concrete abutment backwalls, concrete sidewalk, and approach pavement. Storm drainage systems, relocated utility facilities, maintenance of traffic and other incidental systems and facilities will be designed and constructed as necessary. This design agreement has allotted 9 (nine) months for completion, however, this time frame may be extended depending upon the review workload of the Arkansas State Highway and Transportation Department (AHTD). The consultant will prepare and submit final plans and specifications to the City which will be used by AHTD to advertise a separate construction project which will be administered solely by the AHTD. All consultants, contractors and subcontractors on the project must comply with the National Park Service Secretary of the Interior Standards for Restoration and will be additionally under the direction, review and approval of the Arkansas Historic Preservation Program (AHPP), the State Historic Preservation Office (SHPO) and the National Historic Preservation Act of 1966 (NHPA) Section 106 review, to ensure that work performed on the two historic bridges is appropriate and will maintain the individual qualifying status of each property as it is listed on the National Register of Historic Places. RECOMMENDATION: Staff recommends City Council approval of the contract with McClelland Consulting Engineers, Inc. for providing the professional design services for the rehabilitation of the historic Maple Street Bridge and Lafayette Street Bridge, contingent upon AHTD approval. BUDGETIMPACT: This project is based on an Agreement Of Understanding with AHTD in which Federal Aid money will pay 80% of the contract amount and the City will pay 20%. These services will be funded either through the Transportation Bond Program or the CIP Program in an existing project set up for bridge cost sharing. The cost of these services will not exceed $279,045.55, with the City's share being 20% or $55,809.11. AGREEMENT FOR ENGINEERING SERVICES (LOCAL VERSION — COST PLUS FEE) JOB NO. 040618 FEDERAL AID PROJECT ("FAR-) NO. BRN-9142(29) Maple St. & Lafayette St. Bridgegestoration _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: Rehab. (Fayetteville)(S) Washington County PREAMBLE THIS AGREEMENT, entered into this _ day of , 2013, by and between The City of Fayetteville, Arkansas("Owner ),and McClelland Consulting Engineers, Inc ("Consultant"), a corporation existing under the laws of the State of Arkansas, with principal offices at 1810 North College Avenue, Fayetteville, Arkansas 72703 and 900 West Markham, Little Rock, Arkansas 72203. WITNESSETH: WHEREAS, the City of Fayetteville is planning to restore the historic Maple Street Bridge_ _ _ - Deleted: rehabilitate (Bridge Number 01940) and Lafayette Street Bridge (Bridge Number 01941), including related approach work in Fayetteville, Arkansas, and requires the professional services from McClelland Consulting Engineers, Inc. to perform a geotechnical evaluation, topographic survey, design, construction administration, and construction observation, and, WHEREAS, the City of Fayetteville's forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and, WHEREAS, McClelland Consulting Engineers, Inc.'s staff is adequate and well qualified, and it has been determined that its current workload will permit completion of the project on schedule. NOW THEREFORE, it is considered to be in the best public interest for the City of Fayetteville to obtain the assistance of McClelland Consulting Engineers, Inc.'s organization in connection with engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: 1. PRELIMINARY MATTERS 1.1. "McClelland Consulting Engineers, Inc.'s Representative" shall be Daniel Barnes, P.E., until written notice is provided to the City of Fayetteville designating a new representative. 1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $279,045.55 1.3. . The Contract Ceiling Price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement. In no event, unless modified in writing, shall total payments by the City of Fayetteville under this Agreement exceed the Contract Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling Price. McClelland Consulting Engineers, Inc. additionally agrees that half cell potential tests, bridge deck replacement design, and analysis of existing structures for bridge deck replacement will not be performed unless authorized by the City of Fayetteville. 1.4. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the City of Fayetteville under this Agreement. 1.5. "Default" means the failure of McClelland Consulting Engineers, Inc. to perform any of the provisions of this Agreement. Default includes, but is not limited to, failure to complete phases of the work according to schedule or 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 federal and state laws, and failure to comply with certifications made in or pursuant to this Agreement. 1.6. "Department" or "AHTD" means the Arkansas State Highway and Transportation Department. 1.7. "DOT" means the United States Department of Transportation. 1.8. "FAR" means the Federal Acquisition Regulations, codified in 48 C.F.R. 1.9. "Fee" whether fixed or otherwise is a dollar amount that includes McClelland Consulting Engineers, Inc.'s profit on the job. 1.10. "FHWA" means the Federal Highway Administration. 1.11. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 C.F.R. Part 31, and is also subject to any limitations contained herein. The Indirect Cost Rate for McClelland Consulting Engineers, Inc. under this Agreement shall be 184.34 percent. If applicable, the Indirect Cost Rate for each subcontractor shall be listed in Appendix B. 1.12. "Title I Services" are those services provided by McClelland Consulting Engineers, Inc. before the award of the contract for the construction of the Project, consisting primarily of engineering services for the planning or design of the Project. 1.13. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is $250,044.26. The Title I Services Ceiling price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement for fees and costs related to Title I Services. In no event, unless modified in writing, shall total payments by the City of Fayetteville related to Title I Services exceed the Title I Services Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title I Services exceeding the Title I Services Ceiling Price. 1.14. "Title II Multiplier' (if applicable) is the mark-up by which the fee and indirect costs associated with Title II services are calculated. The Title II Multiplier, which accounts for the fee and indirect costs, is multiplied by the salary rate, as shown on the Schedule of Salary Ranges, of the particular individual(s) performing the Title II services. The Title II Multiplier for the term of this Agreement is 3.18. 1.15. "Title II Services' are those services provided by McClelland Consulting Engineers, Inc. after the award of the contract for the construction of the Project, consisting primarily of engineering services during the construction of the Project. 1.16. "Title II Services Ceiling Price". The Title II Services Ceiling Price for this Agreement is $29,001.29. The Title 11 Services Ceiling price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement for fees and costs related to Title II Services. In no event, unless modified in writing, shall total payments by the City of Fayetteville related to Title II Services exceed the Title II Services Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title II Services exceeding the Title II Services Ceiling Price. 2. TYPE OF AGREEMENT 2.1. This Agreement is a cost -plus -fixed -fee contract. McClelland Consulting Engineers, Inc. is being hired to perform professional engineering services in connection with the Project as set forth herein. In consideration for Title I services performed, the City of Fayetteville will reimburse McClelland Consulting Engineers, Inc. for allowable direct and indirect costs, as defined herein, and pay McClelland Consulting Engineers, Inc. a fixed fee. If Title II services are to be performed, the City of Fayetteville will reimburse McClelland Consulting Engineers, Inc. for allowable direct costs and also pay McClelland Consulting Engineers, Inc. an amount determined by multiplying the salary rate of the individual(s) performing the Title II services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. 2.2. The Project to be performed under this Agreement is a federally -assisted project and federal funds will be used, in part, to pay McClelland Consulting Engineers, Inc.. Therefore, notwithstanding any provision of this Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of 48 C.F.R. Part 31, and McClelland Consulting Engineers, Inc. shall certify the accuracy of all invoices and requests for payment, along with supporting documentation and any information provided in determining the Indirect Cost Rates. 3. COSTS, FEES, AND PAYMENT 3.1. Allowable costs. 3.1.1. Allowable costs are subject to the limitations, regulations, and cost principles and procedures in 48 C.F.R. Part 31, which are expressly incorporated into this Agreement by reference. For the purpose of reimbursing allowable costs (except as provided in subparagraph 2 below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only- 3.1.1.1. Those recorded costs that, at the time of the request for reimbursement, McClelland Consulting Engineers, Inc. has paid by cash, check, or other form of actual payment for items or services purchased directly for the Agreement; 3.1.1.2. When McClelland Consulting Engineers, Inc. is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for— • Materials issued from McClelland Consulting Engineers, Inc.'s inventory and placed in the production process for use in its performance under this Agreement; • Direct labor; • Direct travel; • Other direct in-house costs; and • Properly allocable and allowable indirect costs, as shown in the records maintained by McClelland Consulting Engineers, Inc. for purposes of obtaining reimbursement under government contracts; and • The amount of progress payments that have been paid to McClelland Consulting Engineers, Inc.'s subcontractors under similar cost standards. 3.1.2. McClelland Consulting Engineers, Inc.'s contributions to any pension or other post -retirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes; provided, that McClelland Consulting Engineers, Inc. pays the contribution to the fund within 30 days after the close of the period covered. Payments made 30 days or more after the close of a period shall not be included until McClelland Consulting Engineers, Inc. actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until McClelland Consulting Engineers, Inc. actually makes the payment. 3.1.3. Notwithstanding the audit and adjustment of invoices or vouchers, allowable indirect costs under this Agreement shall be obtained by applying Indirect Cost Rates established in accordance with Subsection 3.3 below. 3.1.4. Any statements in specifications or other documents incorporated in this Agreement by reference designating performance of services or furnishing of materials at McClelland Consulting Engineers, Inc.'s expense or at no cost to the City of Fayetteville shall be disregarded for purposes of cost -reimbursement. 3.2. Salaries. The following schedule covers the classification of personnel and the salary ranges for all personnel anticipated to be assigned to this project by McClelland Consulting Engineers, Inc.: 3.2.1.1. SCHEDULE OF SALARY RANGES Labor Classification Labor Rate Range Principal Engineer $41.27 - $50.50 Project Engineer $25.84 - $41.40 Engineering Technician $16.50 - $30.00 Construction Observer $15.00 - $31.25 Chief Draftsman $22.00 - $25.00 Draftsman $15.38 - $1.9.00 Survey Technician $17.00 - $27.00 Registered Land Surveyor $21.50 - $32.00 Field Survey (1-man or Rodman) $16.50 - $24.00 Survey (2- man or Robotic) Crew $17.00 - $27.00 Geotech Engineer $26.66 - $41.40 Soils Lab Supervisor $16.25 - $21.50 Soils Lab Technician $12.90 - $15.25 Office Administration $14.50 - $1.9.50 Clerical $10.50 - $20.00 4 3.2.1.2. The City of Fayetteville shall reimburse McClelland Consulting Engineers, Inc. for overtime costs only when the overtime has been authorized in writing by the City of Fayetteville. When authorized, overtime shall be reimbursed at the rate of time and one-half for all nonexempt employees. Notwithstanding this provision, McClelland Consulting Engineers, Inc. must comply with all federal and state wage and hour laws and regulations, regardless whether the overtime is considered reimbursable under this Agreement. 3.3. Indirect Cost Rates. 3.3.1. Allowable indirect costs incurred by McClelland Consulting Engineers, Inc. shall also be reimbursed by the City of Fayetteville at the Indirect Cost Rate. The Indirect Cost Rate of McClelland Consulting Engineers, Inc. for this Agreement shall be the rate as set forth in subsection 1.11. If applicable, the Indirect Cost Rate for subcontractors shall be determined in the same manner and subject to the same limitations as McClelland Consulting Engineers, Inc., and shall be listed for each subcontractor identified in Appendix B. The Indirect Cost Rate, or any adjustment thereto, shall not change any monetary ceiling, contract obligation, or specific cost allowance, or disallowance provided for in this Agreement except as provided for in sections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect costs pursuant to 48 C.F.R. Part 31 ("FAR"). 3.3.2. In establishing the Indirect Cost Rate or proposing any adjustment thereto, McClelland Consulting Engineers, Inc. shall, upon request, submit to the City of Fayetteville, FHWA, or their representatives an audited indirect cost rate and supporting cost data in accordance with the requirements set forth in the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. 3.3.3. During the term of this Agreement, if an audit of a subsequent accounting period of McClelland Consulting Engineers, Inc. demonstrates that McClelland Consulting Engineers, Inc. has incurred allowable indirect costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be adjusted. Any adjustment is subject to the audit and documentation requirements of the FAR and the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. Except in the case of a provisional Indirect Cost Rate, as provided in the following subparagraphs, or the disallowance of cost following a subsequent audit, any adjustment to the Indirect Cost Rate shall be effective only prospectively from the date that the adjustment is accepted. 3.3.4. In order to expedite some projects, when an audited indirect cost rate has not yet been submitted and approved, the City of Fayetteville may extend a temporary waiver and accept a provisional indirect cost rate. This provisional rate must be reviewed by, and receive a positive recommendation from the Arkansas Highway and Transportation Department's Chief Auditor. The provisional cost proposal must be accompanied by written assurance from an independent CPA that he/she has been engaged to audit the costs in accordance with the above requirements. The anticipated audit must be based on costs incurred in the most recently completed fiscal year for which the cost data is available, with the audit scheduled to begin within a reasonable time frame. If the date of the initial cost proposal is within the last quarter of the current fiscal year, the audit may be delayed until the current fiscal year is closed and the final cost data is available. The written assurance from the CPA that he or she has been engaged to perform the audit at an appropriate time is still required. 3.3.5. Once an audited indirect cost rate is approved, the ceiling prices provided for in the initial agreement using the provisional indirect cost rate will be adjusted with a supplemental agreement to implement the resulting increase or decrease from revising the indirect cost rate, and all amounts paid McClelland Consulting Engineers, Inc. prior to receipt and acceptance of an audited indirect cost rate will be retroactively adjusted for changes in the indirect cost rate. However, no changes in hours, fixed fees, or other costs will be allowed as a result of applying the audited indirect cost rate. 3.4. Fees. The justification for the fees and costs is contained in Appendix A. In addition to reimbursement of the allowable costs as set forth above, the City of Fayetteville shall pay to McClelland Consulting Engineers, Inc. a fixed fee of $7,844.18. for Title I Services. For Title II Services, if applicable, the City of Fayetteville shall reimburse McClelland Consulting Engineers, Inc. for allowable direct costs and also pay to McClelland Consulting Engineers, Inc. an amount determined by multiplying the salary rate of the individual(s) performing the Title II Services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. The Title II Multiplier shall account for all fees and indirect costs associated with Title II services. 3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and payment of the fees shall be made as follows, unless modified by the written agreement of both parties: 3.5.1. Not more often than once per month, McClelland Consulting Engineers, Inc. shall submit to the City of Fayetteville, in such form and detail as the City of Fayetteville may require, an invoice or voucher supported by a statement of the claimed allowable costs for performing this Agreement, and estimates of the amount and value of the work accomplished under this Agreement. The invoices for costs and estimates for fees shall be supported by any data requested by the City of Fayetteville. 3.5.2. In making estimates for fee purposes, such estimates shall include only the amount and value of the work accomplished and performed by McClelland Consulting Engineers, Inc. under this Agreement which meets the standards of quality established under this Agreement. McClelland Consulting Engineers, Inc. shall submit with the estimates any supporting data required by the City of Fayetteville. At a minimum, the supporting data shall include a progress report in the form and number required by the City of Fayetteville. 3.5.3. Upon approval of the estimate by the City of Fayetteville, payment upon properly executed vouchers shall be made to McClelland Consulting Engineers, Inc., as soon as practicable, of 100 percent of the allowed costs, and of 90 percent of the approved amount of the estimated fee, less all previous payments. Notwithstanding any other provision of this Agreement, only costs and fees determined to be allowable by the City of Fayetteville in accordance with subpart 31.2 of the Federal Acquisition Regulations (FAR) in effect on the date of this Agreement and under the terms of this Agreement shall be reimbursed or paid. 3.5.4. Before final payment under the Agreement, and as a condition precedent thereto, McClelland Consulting Engineers, Inc. shall execute and deliver to the City of Fayetteville a release of all claims which are known or reasonably could have been known to exist against the City of Fayetteville arising under or by virtue of this Agreement, other than any claims that are specifically excepted by McClelland Consulting Engineers, Inc. from the operation of the release in amounts stated in the release. 3.6. Title 1 Services, Title 11 Services, and Contract Ceiling Prices. The parties agree that aggregate payments under this Agreement, including all costs and fees, shall not exceed the Contract Ceiling Price. The parties further agree that aggregate payments for Title I services under this Agreement, including all costs and fees, shall not exceed the Title I Services Ceiling Price; and that aggregate payments for Title 11 services under this Agreement, including all costs and fees, shall not exceed the Title II Services Ceiling Price. No adjustment of the Indirect Cost Rate or the Title 11 Multiplier, claim, or dispute shall affect the limits imposed by these ceiling prices. No payment of costs or fees shall be made above these ceiling prices unless the Agreement is modified in writing. 3.7. Final payment 3.7.1. McClelland Consulting Engineers, Inc. shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but no later than forty-five (45) days (or longer, as the City of Fayetteville may approve in writing) after the completion date. Upon approval of the completion invoice or voucher, and upon McClelland Consulting Engineers, Inc.'s compliance with all terms of this Agreement, the City of Fayetteville shall promptly pay any balance of allowable costs and any retainage owed to McClelland Consulting Engineers, Inc.. After the release of said retainage McClelland Consulting Engineers, Inc. agrees that it will continue to provide consultation services to the City of Fayetteville as needed through supplemental agreement(s) with respect to the contracted services under this Agreement until all work is completed under both Title I and Title 11. 3.7.2. McClelland Consulting Engineers, Inc. shall pay to the City of Fayetteville any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by McClelland Consulting Engineers, Inc. or any assignee under this Agreement, to the extent that those amounts are properly allocable to costs for which McClelland Consulting Engineers, Inc. has been reimbursed by the City of Fayetteville. Reasonable expenses incurred by McClelland Consulting Engineers, Inc. for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the City of Fayetteville. Before final payment under this Agreement, McClelland Consulting Engineers, Inc. and each assignee whose assignment is in effect at the time of final payment shall execute and deliver— • An assignment to the City of Fayetteville, in form and substance satisfactory to the City of Fayetteville, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which McClelland Consulting Engineers, Inc. has been reimbursed by the City of Fayetteville under this Agreement; and, • A release discharging the City of Fayetteville, its officers, agents, and employees from all liabilities, obligations, and claims which were known or could reasonably have been known to exist arising out of or under this Agreement. 3.8. City of Fayetteville's Right to Withhold Payment. The City of Fayetteville may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of the services of McClelland Consulting Engineers, Inc. and made against the City of Fayetteville; (2) evidence of fraud, over -billing, or overpayment; (3) inclusion of non -allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) McClelland Consulting Engineers, Inc.'s default or unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve McClelland Consulting Engineers, Inc. of its obligation to continue to perform its services under this Agreement. 4. DISALLOWANCE OF COSTS 4.1. Notwithstanding any other clause of this Agreement, the City of Fayetteville may at any time issue to McClelland Consulting Engineers, Inc. a written notice of intent to disallow specified costs incurred or planned for incurrence under this Agreement that have been determined not to be allowable under the contract terms. 4.2. Failure to issue a notice under this Section shall not affect the City of Fayetteville's rights to take exception to incurred costs. 4.3. If a subsequent audit reveals that: (1) items not properly reimbursable have, in fact, been reimbursed as direct costs; or (2) that the Indirect Cost Rate contains items not properly reimbursable under the FAR; then, in the case of indirect costs, the Indirect Cost Rate shall be amended retroactively to reflect the actual allowable indirect costs incurred, and, in the case of both direct and indirect costs, the City of Fayetteville may offset, or McClelland Consulting Engineers, Inc. shall repay to City of Fayetteville, any overpayment. 5. RECORDS & AUDITS 5.1. Records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. 5.2. Examination. McClelland Consulting Engineers, Inc. shall maintain, and the City of Fayetteville, AHTD, FHWA, and their authorized representatives shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have been incurred or anticipated to be incurred in performance of this Agreement. This right of examination shall also include examination and audit of any records considered, relied upon, or relating to the determination of the Indirect Cost Rate or any certification thereof, including any CPA audit relied upon to establish the rate. This right of examination shall also include inspection at all reasonable times of McClelland Consulting Engineers, Inc.'s offices and facilities, or parts of them, engaged in performing the Agreement. 5.3. Supporting Data. If McClelland Consulting Engineers, Inc. has been required to submit data in connection with any action relating to this Agreement, including the negotiation of or pre -negotiation audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost reimbursement, request for payment, request for an adjustment, or assertion of a claim, the City of Fayetteville, AHTD, FHWA, or their authorized representatives, in order to evaluate the accuracy, completeness, and accuracy of the data, shall have the right to examine and audit all of McClelland Consulting Engineers, Inc.'s records, including computations and projections, related to— • The determination or certification of the Indirect Cost Rate, including any independent CPA audit or certification thereof; • Any proposal for the Agreement, subcontract, or modification; • Discussions conducted on the proposal(s), including those related to negotiating; • Fees or allowable costs under the Agreement, subcontract, or modification; • Performance of the Agreement, subcontract or modification; or, • The amount and basis of any claim or dispute. 5.4. Audit. The City of Fayetteville, AHTD, FHWA, or their authorized representatives, shall have access to and the right to examine any of McClelland Consulting Engineers, Inc.'s records involving transactions related to this Agreement or a subcontract hereunder. 5.5. Reports. If McClelland Consulting Engineers, Inc. is required to furnish cost, funding, or performance reports, the City of Fayetteville, AHTD, FHWA, or their authorized representatives shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of McClelland Consulting Engineers, Inc.'s policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported. 5.6. Availability. McClelland Consulting Engineers, Inc. shall retain and make available at its office at all reasonable times the records, materials; and other evidence described in this Section and Section 28, Disputes and Claims, for examination, audit, or reproduction, until five years after final payment under this Agreement, or for any longer period required by statute or by other clauses of this Agreement. In addition- 5.6.1. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be retained and made available for five years after the termination; and, 5.6.2. Records relating to any claim or dispute, or to litigation or the settlement of claims arising under or relating to this Agreement shall be retained and made available until after any such claims or litigation, including appeals, are finally resolved. 5.7. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 5.8. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, McClelland Consulting Engineers, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et.seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 6. DESCRIPTION OF THE PROJECT 6.1. The City of Fayetteville is planning to esr tore the historic Maple Street Bridge_and_ _ _ _ _ . - Deleted: rehabilitate Lafayette Street Bridge, including related approach work, and requires the professional services from McClelland Consulting Engineers, Inc. to perform a geotechnical evaluation, survey, environmental documentation, design, and engineering management services during construction, _ _ _ _ _ ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,_ _ _ _ ._ _ _ _ _ _ _ _ ._ ._ _ _ _ _ _ Formatted: Font: Bold 6.2. It is the intention of the City of Fayetteville to restore both historic bridges to their Y Formatted: Indent: Left: 0.55", No bullets or numbering original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States ------------------ Formatted: Font: Bold _ - - I Formatted: Indent: Left: 0.5", First McClelland Consulting Engineers Inc.. and Horner & Shifrin Inc. must comply with line: 0.25", No bullets or numbering the National Park Service Secretary of the Interior Standards for Restorations and will be additionally under the direction review and approval of the Arkansas Historic Preservation Program (AHPP) the State Historic Preservation Office (SHPO) and the National Historic Preservation Act of 1966 (NHPA) Section 106 review, to ensure that work performed on the two historic bridges is appropriate and will maintain the individual qualifying status of each property as it is listed on the National Register of Historic Places.. ----------------------------------- Formatted: Font: Not Bold Deleted: ¶ % 7. INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY MCCLELLAND CONSULTING ENGINEERS, INC. 7.1. Survey • Complete a detailed topographic, property, and utility survey as needed for design of the improvements as listed in Paragraph 6.1. Elevation control will be established using AHTD elevation procedures. 7.2. Geotechnical Investigation • Drill two borings adjacent to the rotated retaining wall located in the eastern approach of the Lafayette Street Bridge. • Obtain samples of the soil strata. • Obtain core samples of the underlying rock strata. • Perform laboratory tests for moisture content, classifications, unit weights, unconfined compression tests. • Interpret and evaluate geotechnical data for retaining wall design/rehabilitation and the pavement structure. • Perform two pavement cores on each bridge approach (8 total cores) to determine existing pavement section. • Take six concrete samples (cores) from each bridge deck and perform 30 chloride tests. • Perform chain drag testing on each bridge deck. The City of Fayetteville will be responsible for the removal of the asphalt on the bridge decks. • Complete Half -Cell Potential Test (2 Each if chloride content warrants). 7.3. Environmental Documentation • Environmental Data Collection - Preliminary environmental data associated with the proposed project area will be collected and assessed for the social, economic, and environmental impacts area, including: 1. Air Quality 2. Noise Quality 3. Hazardous Materials 4. Wetlands and Stream Impacts 5. Water Quality, including Public Drinking Supplies 6. Farmland 7. Land Use and Land Cover 8. Terrestrial and Aquatic Communities 9. Endangered Species 10. Economic 11. Community 12. Relocations of Homes and Businesses 13. Environmental Justice and Title VI 14. Recreational Areas 10 15. Archeological and Historic Sites 16. Visual 17. Section 4(f) 18. Secondary and Cumulative Impacts ■ Coordinate with relevant regulatory agencies as required (FEMA, USACOE, SHPO, ADEQ, USFWS and others) to resolve environmental issues and obtain permits. • Environmental Constraints Map - All environmental data collected will be transferred to appropriately scaled aerial photographs to produce a map that indicates all known environmentally sensitive areas. • Prepare environmental document, including cultural resources clearance (Section 106 review) from the State Historic Preservation Office. A Tier 3 Categorical Exclusion is likely the required documentation. Include location studies and Section 4(f) evaluations if necessary. • Submit draft environmental document in electronic format for review by the City of Fayetteville and AHTD. • Perform alterations necessary to respond to comments made in the City of Fayetteville's and AHTD's reviews. • Submit final draft to the City of Fayetteville and AHTD for FHWA approval. • Prepare designated number of copies of environmental document after FHWA approval and distribute as directed. An electronic copy of the approved environmental document in pdf form will be provided to the AHTD. 7.4. Design • Prepare project design criteria�and submit to AHTD for review before preliminary_ _ design work to obtain design exemptions where necessary to retain the original elements and design. Design exemptions will be based on coordination with the - ,State Historic Preservation Office SHPO). AHTD Standard -Specifications for Highway Construction will be used. • Complete site visit for visual verification of previous bridge inspection. • Develop an engineering design for the, roadway approach improvements and associated utility relocations, as needed. Submit design plans for review by the City of Fayetteville and AHTD at the 30%, 60%, and 90% stages. Submit an updated cost estimate with each design review, include costs for utilities, railroad permits, railroad personnel & equipment, etc at applicable. o Maple Street Bridge Design Scope ■ Complete approach design ■ Coordinate non city owned utility relocations ■ Design city owned utility relocations/extensions. o Lafayette Street Bridge Design Scope ■ Complete approach design ■ Coordinate non city owned utility relocations ■ Design city owned utility relocations/extensions ■ Replace or repair leaning wall at SW corner of approach using original plans to replicate existing wall — Take design from Horner and Shifrin, Inc and develop construction drawings, • Prepare necessary exhibits, and attend all necessary public involvement meetings and public hearings (5 total). • Coordinate design and construction with franchise utility companies' relocations to assure adequate space for all facilities and timely relocations. • Coordinate with Railroad to obtain any permits necessary for the Contractor to perform the work. 11 Deleted: Formatted: Font: (Default) Arial, 10 Pt Formatted: Font: (Default) Arial, 10 pt • Prepare final construction plans and specifications for the roadway approach improvements. Plans will be completed in both Microstation and AutoCAD formats. • Provide right of way acquisition documents and engineering services required for acquisition of rights of way and easements if needed. • Provide a final set of signed and sealed roadway approach improvement drawings to AHTD Bridge Division for record purposes. • When requested, clarify and technical issues that may arise from contractors preparing a bid, and provide written documentation to assist in issuing addenda, as needed. 8. INFORMATION TO BE PROVIDED BY THE CITY OF FAYETTEVILLE _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: ¶ 4 8.1. The City of Fayetteville shall make available to McClelland Consulting Engineers, Inc. all technical data in the City of Fayetteville's possession, including laboratory tests, maps, surveys, borings, and other information required by McClelland Consulting Engineers, Inc. and relating to McClelland Consulting Engineers, Inc.'s work. 9. TITLE II SERVICES TO BE PROVIDED BY MCCLELLAND CONSULTING ENGINEERS INC. 9.1. Survey Control McClelland Consulting Engineers, Inc. shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the Contractor and McClelland Consulting Engineers, Inc. in performing verification surveys of construction layout. McClelland Consulting Engineers, Inc. shall (1) make and record such measurements as are necessary to calculate and document quantities for pay items; and (2) perform incidental engineering surveys as may be necessary to carry out the services covered by this agreement and to verify and confirm the accuracy of the Contractor's survey layout work. All survey work shall be performed under the supervision of a Surveyor registered in the State of Arkansas. 9.2. Engineering Management Services • Review of shop drawings and submittals, as requested. • Provide design related solutions to construction problems and issues that may arise during construction. • Assist the City of Fayetteville in preparing for any litigation or other action that may arise as a result of the Project. • McClelland Consulting Engineers, Inc. does not make any representation as to the legal sufficiency of contracts it helps to coordinate and the City of Fayetteville if solely responsible for determining that all contracts meet its legal requirements. • Prepare the SWPPP documents and plans, and insure that all requirements of ADEQ and the City of Fayetteville are met. 10. COORDINATION WITH CITY OF FAYETTEVILLE 10.1. Throughout the Project, McClelland Consulting Engineers, Inc. shall hold monthly conferences, if needed, in Fayetteville, Arkansas, or such other location as designated by the City of Fayetteville, with representatives of the City of Fayetteville, the AHTD, and 12 the FHWA so that as the Project progresses, McClelland Consulting Engineers, Inc. shall have full benefit of the City of Fayetteville's knowledge of existing needs and facilities and be consistent with the City of Fayetteville's current policies and practices. The extent and character of the work to be done by McClelland Consulting Engineers, Inc. shall be subject to the general oversight and approval of the City of Fayetteville. 11. OFFICE LOCATION FOR REVIEW OF WORK 11.1. Review of the work as it progresses and all files and documents produced under this Agreement may be made by representatives of the City of Fayetteville, the AHTD, and the FHWA at the project office of McClelland Consulting Engineers, Inc. located in Fayetteville or Little Rock, Arkansas or at the regional offices of McClelland Consulting Engineers, Inc. located in N/A or McClelland Consulting Engineers, Inc.'s Arkansas office located at N/A. 12. ACCESS TO PROPERTY 12.1. McClelland Consulting Engineers, Inc.'s services to the City of Fayetteville may require entry upon private property. The City of Fayetteville will present or mail to private landowners a letter of introduction and explanation, describing the work, which shall be drafted by McClelland Consulting Engineers, Inc.. McClelland Consulting Engineers, Inc. will make reasonable attempts to notify resident landowners who are obvious and present when McClelland Consulting Engineers, Inc. is in the field. McClelland Consulting Engineers, Inc. is not expected to provide detailed contact with individual landowners. McClelland Consulting Engineers, Inc. is not expected to obtain entry by means other than the consent of the landowner. If McClelland Consulting Engineers, Inc. is denied entry to private property by the landowner, McClelland Consulting Engineers, Inc. will not enter the property. If denied entry to the property, McClelland Consulting Engineers, Inc. shall notify the City of Fayetteville and advise the City of Fayetteville of an alternate evaluation method if one is feasible. The City of Fayetteville shall decide on the course of action to obtain access to the property. 13. DELIVERABLES 13.1. Meeting minutes, correspondence, bi-weekly project estimates, materials testing reports, environmental documents, design submittals and survey data files for the project. At the close of the project, the records will be assembled in accordance with current City of Fayetteville and AHTD policies and submitted to the City of Fayetteville and AHTD for review and approval. 14. SUBCONTRACTING 14.1. Unless expressly disclosed in Appendix B, McClelland Consulting Engineers, Inc. may not subcontract any of the services to be provided herein without the express written approval of the City of Fayetteville. All subcontractors, including those listed in Appendix B, shall be bound by the terms of this Agreement. All subcontractors shall be subject to all contractual and legal restrictions concerning payment and determination of allowable costs, and subject to all disclosure and audit provisions contained herein and in any applicable federal or state law. 14.2. Unless the consent or approval specifically provides otherwise, neither consent by the City of Fayetteville to any subcontract nor approval of McClelland Consulting 13 Engineers, Inc.'s purchasing system shall constitute a determination (1) of the acceptability of any subcontract terms or conditions, (2) of the acceptability of any subcontract price or of any amount paid under any subcontract, or (3) to relieve McClelland Consulting Engineers, Inc. of any responsibility, obligation, or duty under this Agreement. 14.3. No subcontract placed under this Agreement shall provide for payment on a cost- plus -a -percentage -of -cost basis, and any fee payable under cost -reimbursement subcontracts shall not exceed the fee limitations of the FAR. 14.4. Furthermore, notwithstanding any other provision within this Agreement, no reimbursement or payment for any markup of the cost of any subcontract shall be considered by the City of Fayetteville without the express written agreement of the City of Fayetteville. 14.5. Prompt Payment. McClelland Consulting Engineers, Inc. shall pay subcontractors for satisfactory performance of their subcontracts within 30 days of receipt of each payment by the City of Fayetteville to McClelland Consulting Engineers, Inc.. Any retainage payments held by McClelland Consulting Engineers, Inc. must be returned to the subcontractor within 30 days after the subcontractor's work is completed. Failure to comply with this provision shall be considered a Default by McClelland Consulting Engineers, Inc.. If McClelland Consulting Engineers, Inc. fails to comply with this provision, in addition to any other rights or remedies provided under this Agreement, the City of Fayetteville, at its sole option and discretion, may: • make payments directly to the subcontractor and offset such payments, along with any administrative costs incurred by the City of Fayetteville, against reimbursements or payments otherwise due McClelland Consulting Engineers, Inc.; • notify any sureties; and/or, • withhold any or all reimbursements or payments otherwise due to McClelland Consulting Engineers, Inc. until McClelland Consulting Engineers, Inc. ensures that the subcontractors have been and will be promptly paid for work performed. 14.6. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 15. RESPONSIBILITY OF MCCLELLAND CONSULTING ENGINEERS, INC. 15.1. Notwithstanding any review, approval, acceptance, or payment by the City of Fayetteville, McClelland Consulting Engineers, Inc. shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by McClelland Consulting Engineers, Inc. under this Agreement. McClelland Consulting Engineers, Inc. shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. 15.2. McClelland Consulting Engineers, Inc. shall demonstrate to the City of Fayetteville the presence and implementation of quality assurance in the performance of McClelland Consulting Engineers, Inc.'s work. McClelland Consulting Engineers, Inc. shall identify individual(s) responsible, as well as methods used to determine the completeness and accuracy of drawings, specifications, and cost estimates. 14 15.3. McClelland Consulting Engineers, Inc. further agrees that in its performance of work under this Agreement, it shall adhere to the requirements in the Design Standards of the AHTD and FHWA, which shall be incorporated herein by reference. 15.4. The City of Fayetteville shall have the right at any time and in its sole discretion to submit for review all or any portion of McClelland Consulting Engineers, Inc.'s work to consulting engineers engaged by the City of Fayetteville for that purpose. McClelland Consulting Engineers, Inc. shall fully cooperate with any such review. 15.5. McClelland Consulting Engineers, Inc. and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. 15.6. Neither the City of Fayetteville's review, approval, or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. McClelland Consulting Engineers, Inc. shall be and remain liable to the City of Fayetteville for all damages to the City of Fayetteville caused by McClelland Consulting Engineers, Inc.'s negligent performance of any of the services furnished under this Agreement. 15.7. The rights and remedies of the City of Fayetteville provided under this Agreement are in addition to any other rights and remedies provided by law. 15.8. If McClelland Consulting Engineers, Inc. is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 16. WARRANTY OF SERVICES 16.1. Definitions. Acceptance, as used in this Agreement, means the act of an authorized representative of the City of Fayetteville by which the City of Fayetteville approves specific services, as partial or complete performance of the Agreement. Correction, as used in this Agreement, means the elimination of a defect. 16.2. Notwithstanding inspection and acceptance by the City of Fayetteville or any provision concerning the conclusiveness thereof, McClelland Consulting Engineers, Inc. warrants that all services performed and work product under this Agreement will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this Agreement. 16.3. If McClelland Consulting Engineers, Inc. is required to correct or re -perform, it shall be at no cost to the City of Fayetteville, and any services corrected or re -performed by McClelland Consulting Engineers, Inc. shall be subject to this Section to the same extent as work initially performed. If McClelland Consulting Engineers, Inc. fails or refuses to correct or re -perform, the City of Fayetteville may, by contract or otherwise, correct or replace with similar services and charge to McClelland Consulting Engineers, Inc. the cost occasioned to the City of Fayetteville thereby, or make an equitable adjustment in the Contract Price. 16.4. If the City of Fayetteville does not require correction or re -performance, the City of Fayetteville shall make an equitable adjustment in the Contract Price. 16.5. Nothing within this Section shall constitute a waiver or exclusion of any other right or remedy that the City of Fayetteville may possess at law or under this Agreement. 15 17. TERM, COMMENCEMENT, AND COMPLETION 17.1. This Agreement shall commence on the effective date set forth above and remain in effect until the completion of McClelland Consulting Engineers, Inc.'s Scope of Services, as defined herein, to be completed within a period of nine (9) months, unless extended or terminated by the City of Fayetteville in accordance with this Agreement. 17.2. McClelland Consulting Engineers, Inc. shall begin work under the terms of this Agreement within ten (10) days of receiving written notice to proceed. [If services are to be performed in subsequent phases, then each phase shall be commenced upon the City of Fayetteville's approval of the previous phase. McClelland Consulting Engineers, Inc. shall not be entitled to any compensation or reimbursement for services performed in a phase unless and until it has received approval from the City of Fayetteville to proceed with such services.] 17.3. It is further agreed that time is of the essence in performance of this Agreement. McClelland Consulting Engineers, Inc. shall complete the work, or each phase, as scheduled, and the City of Fayetteville shall provide any required approval of the work or phase meeting the requirements contained herein in a reasonable and timely manner. The Project shall be completed as follows: Topographic Survey 6 weeks from notice to proceed Environmental Documentation 16 weeks from notice to proceed Geotechnical Investigation 6 weeks from notice to proceed Submit 30% Design for Review/Comment 13 weeks from notice to proceed Submit 60% Design for Review/Comment 4 weeks from 30% approval Submit 90% Design for Review/Comment 11 weeks from 60% approval Submit 100% Design for Review/Approval 7 weeks from 90% approval 18. TERMINATION 18.1. The City of Fayetteville may terminate this Agreement in whole or, from time to time, in part, for the City of Fayetteville's convenience or because of the Default of McClelland Consulting Engineers, Inc.. 18.2. The City of Fayetteville shall terminate this Agreement by delivering to McClelland Consulting Engineers, Inc. written notice of the termination. 18.3. Upon receipt of the notice, McClelland Consulting Engineers, Inc. shall: • Immediately discontinue all services affected (unless the notice directs otherwise). • Deliver to the City of Fayetteville all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Agreement, whether completed or in process. • Terminate all subcontracts to the extent they relate to the work terminated. • In the sole discretion and option of the City of Fayetteville, and if and only if requested to do so, assign to the City of Fayetteville all right, title, and interest of McClelland Consulting Engineers, Inc. under the subcontracts terminated, in which case the City of Fayetteville shall have the right to settle any claim or dispute arising out of those subcontracts without waiver of any right or claim the City of Fayetteville may possess against McClelland Consulting Engineers, Inc.. 16 • With approval or ratification by the City of Fayetteville, settle all outstanding liabilities arising from the termination of subcontracts, the cost of which would be allowable in whole or in part, under this Agreement. • Complete performance of any work not terminated • Take any action that may be necessary, or that the City of Fayetteville may direct, for the protection and preservation of the property related to this Agreement which is in the possession of McClelland Consulting Engineers, Inc. and in which the City of Fayetteville has or may acquire an interest. 18.4. If the termination is for the convenience of the City of Fayetteville, the City of Fayetteville shall make an equitable adjustment in the Contract Price, subject to the Ceiling Prices and Funding Limitations provisions, but shall allow no anticipated fee or profit on unperformed services. 18.5. If the termination is for McClelland Consulting Engineers, Inc.'s Default, the City of Fayetteville may complete the work by contract or otherwise and McClelland Consulting Engineers, Inc. shall be liable for any reasonable and necessary additional cost incurred by the City of Fayetteville to the extent caused by McClelland Consulting Engineers, Inc.'s default. 18.6. Disputes and claims arising from termination of this Agreement shall be governed by Section 28, Claims and Disputes (48 CFR 31.205-42(e) (2)). 18.7. The rights and remedies of the City of Fayetteville provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. 19. STOP WORK ORDERS 19.1. The City of Fayetteville may, at any time, by written order to McClelland Consulting Engineers, Inc., require McClelland Consulting Engineers, Inc. to stop all, or any part, of the work called for by this Agreement for a period of up to 90 days after the order is delivered to McClelland Consulting Engineers, Inc., and for any further period to which the parties may agree. Upon receipt of the order, McClelland Consulting Engineers, Inc. shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop work order is delivered to McClelland Consulting Engineers, Inc., or within any extension of that period to which the parties shall have agreed, the City of Fayetteville shall either- 19.1.1. Cancel the stop work order; or 19.1.2. Terminate the work pursuant to Section 18, Termination 19.2. If a stop work order issued under this Section is canceled or the.period of the order or any extension thereof expires, McClelland Consulting Engineers, Inc. shall resume work. The City of Fayetteville shall make an equitable adjustment in the delivery schedule or Contract Price, or both, and the Agreement shall be modified in writing accordingly, if — The stop work order was not issued because of McClelland Consulting Engineers, Inc.'s Default in its performance of its obligations under any part of this Agreement; and, 17 • The stop work order results in an increase in the time required for, or in McClelland Consulting Engineers, Inc.'s cost properly allocable to, the performance of any part of this Agreement; and, • McClelland Consulting Engineers, Inc. provides Notice of Potential Claim pursuant to Section 28, Disputes and Claims. 20. CHANGES 20.1. The City of Fayetteville may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this Agreement, including but not limited to: (1) drawings, designs, or specifications; (2) time of performance (i.e., hours of the day, days of the week, etc.); and (3) places of inspection, delivery, or acceptance. 20.2. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this Agreement, whether or not changed by the order, the City of Fayetteville shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both; (2) amount of any fee; and (3) other affected terms. 20.3. All claims and disputes shall be governed by the Section 28, Claims and Disputes. As provided in Section 28, McClelland Consulting Engineers, Inc. must provide written notice of its intention to make a claim for additional compensation before beginning the work on which the claim is based. If such notice is not given, McClelland Consulting Engineers, Inc. hereby agrees to waive any claim for such additional compensation. 20.4. Failure to agree to any adjustment shall be a dispute under Section 28, Disputes and Claims. However, nothing in this Section or any other provision of this Agreement shall excuse McClelland Consulting Engineers, Inc. from proceeding with the Agreement as changed. 21. OWNERSHIP OF DOCUMENTS & DATA 21.1. All project documents and data, regardless of form and including but not limited to original drawings, disks of CADD drawings, cross -sections, estimates, files, field notes, and data, shall be the property of the City of Fayetteville. McClelland Consulting Engineers, Inc. shall further provide all documents and data to the City of Fayetteville upon the City of Fayetteville's request. McClelland Consulting Engineers, Inc. may retain reproduced copies of drawings and other documents. In the event that any patent rights or copyrights are created in any of the documents, data compilations, or any other work product, the City of Fayetteville shall have an irrevocable license to use such documents, or data compilations, or work product. 22. PATENT AND COPYRIGHT INFRINGEMENT 22.1. McClelland Consulting Engineers, Inc. shall report to the City of Fayetteville, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this Agreement of which McClelland Consulting Engineers, Inc. has knowledge. 22.2. In the event of any claim or suit against the City of Fayetteville on account of any alleged patent or copyright infringement arising out of the performance of this 18 Agreement or out of the use of any supplies furnished or work or services performed under this Agreement, McClelland Consulting Engineers, Inc. shall furnish to the City of Fayetteville, when requested by the City of Fayetteville, all evidence and information in possession of McClelland Consulting Engineers, Inc. pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of McClelland Consulting Engineers, Inc.. 22.3. McClelland Consulting Engineers, Inc. agrees to include, and require inclusion of, the provisions of this Section in all subcontracts at any tier for supplies or services. 22.4. McClelland Consulting Engineers, Inc. shall indemnify the City of Fayetteville and its officers, agents, and employees against liability, including costs and attorneys' fees, for infringement of any United States patent or copyright arising from the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Agreement, or out of the use or disposal by or for the account of the City of Fayetteville of such supplies or construction work. 22.5. This indemnity shall not apply unless McClelland Consulting Engineers, Inc. shall have been informed within ten (10) business days following the City of Fayetteville's receipt of legal notice of any suit alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to (1) an infringement resulting from compliance with specific written instructions of the City of Fayetteville directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the Agreement not normally used by McClelland Consulting Engineers, Inc., (2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or (3) a claimed infringement that is unreasonably settled without the consent of McClelland Consulting Engineers, Inc., unless required by final decree of a court of competent jurisdiction. 23. BANKRUPTCY 23.1. In the event McClelland Consulting Engineers, Inc. enters into proceedings relating to bankruptcy, whether voluntary or involuntary, McClelland Consulting Engineers, Inc. agrees to furnish, by certified mail, written notice of the bankruptcy to the City of Fayetteville. This notice shall be furnished within five days of" the initiation of the proceedings relating to bankruptcy filing. This notice shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of AHTD job numbers and FAP numbers for all contracts with City of Fayetteville against which final payment has not been made. This obligation remains in effect until final payment under this Agreement. 24. FUNDING LIMITATIONS 24.1. The City of Fayetteville's obligations under this Agreement are contingent upon the availability of appropriated funds from which payments under the terms of this Agreement can be made in this and each subsequent fiscal year for the duration of the Agreement. No legal liability on the part of the City of Fayetteville of any kind whatsoever under this Agreement shall arise until funds are made available to the City of Fayetteville for performance of this Agreement, including those to be appropriated and provided by the State of Arkansas and those to be provided by the United States. 19 25. SUCCESSORS AND ASSIGNS 25.1. This Agreement shall be binding upon the parties and their successors and assigns, and except as expressly set forth herein, neither the City of Fayetteville nor McClelland Consulting Engineers, Inc. may assign, delegate, or transfer any benefit or obligation under this Agreement without the express written consent of the other party. Nothing herein shall be construed as a waiver of any immunity or as creating any personal liability on the part of any officer or agent of the City of Fayetteville or any other governmental entity either made a party to, or having any interest in, this Agreement. 26. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY 26.1. Indemnity. McClelland Consulting Engineers, Inc. shall hold harmless and indemnify the City of Fayetteville and the AHTD, their officers, employees, and agents, from and for all claims and liabilities stemming from any wrongful (whether negligent, reckless, or intentional) acts or omissions on the part of McClelland Consulting Engineers, Inc. and its subcontractors, and their agents and employees. 26.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or representative of the City of Fayetteville or the AHTD shall be liable to McClelland Consulting Engineers, Inc. in a personal or individual capacity under any term of this Agreement, because of any breach thereof, or for any act or omission in its execution or performance. 26.3. Independent Contractor Relationship. The parties intend that McClelland Consulting Engineers, Inc. shall be an independent contractor of the City of Fayetteville and that McClelland Consulting Engineers, Inc. shall be liable for any act or omission of McClelland Consulting Engineers, Inc. or its agents, employees, or subcontractors arising under or occurring during the performance of this Agreement. No act or direction of the City of Fayetteville shall be deemed to be an exercise of supervision or control of McClelland Consulting Engineers, Inc.'s performance. 27. INSURANCE 27.1. Professional Liability Insurance Coverage. McClelland Consulting Engineers, Inc. shall maintain at all times during the performance of services under this Agreement professional liability insurance coverage for errors, omissions, and negligent acts arising out of the performance of this Agreement in an amount per claim of not less than five (5) times the original Contract Ceiling Price or $1,000,000, whichever is less. Such insurance shall extend to McClelland Consulting Engineers, Inc. and to its legal representatives in the event of death, dissolution, or bankruptcy, and shall cover the errors, omissions, or negligent acts of McClelland Consulting Engineers, Inc.'s subcontractors, agents, and employees. Such insurance shall extend to any errors, omissions, and negligent acts in the performance of services under this Agreement committed by McClelland Consulting Engineers, Inc. or alleged to have been committed by McClelland Consulting Engineers, Inc. or any person for whom McClelland Consulting Engineers, Inc. is legally responsible. 27.2. Deductible. McClelland Consulting Engineers, Inc. may maintain a professional liability insurance policy with a deductible clause in an amount approved by the City of Fayetteville if, in the judgment and opinion of the City of Fayetteville, McClelland Consulting Engineers, Inc.'s financial resources are sufficient to adequately cover 20 possible liability in the amount of the deductible. McClelland Consulting Engineers, Inc. shall submit promptly to the City of Fayetteville, upon request as often as quarterly, detailed financial statements and any other information requested by the City of Fayetteville to reasonably determine whether or not McClelland Consulting Engineers, Inc.'s financial resources are sufficient to adequately cover possible liability in the amount of the deductible. 27.3. Worker's Compensation Insurance. McClelland Consulting Engineers, Inc. shall at all times during the Term of this Agreement maintain Worker's Compensation and Employers Liability Insurance as required under Arkansas law. 27.4. General Liability Insurance. McClelland Consulting Engineers, Inc. shall at all times during the term of this Agreement maintain comprehensive general liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000, and comprehensive automobile liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000, which shall cover all owned, hired, and non -owned vehicles. McClelland Consulting Engineers, Inc.'s insurance coverage shall also cover restoration of plans, drawings, field notes, and other documents in the event of their loss or destruction while in the custody of McClelland Consulting Engineers, Inc.. 27.5. Insurance Policies and Certificates. McClelland Consulting Engineers, Inc. shall provide the City of Fayetteville upon request copies of its insurance policies and evidence satisfactory to the City of Fayetteville concerning the effectiveness and the specific terms of the insurance. Prior to the execution of this Agreement, McClelland Consulting Engineers, Inc. shall furnish to the City of Fayetteville certificates of insurance reflecting policies in force, and it shall also provide certificates evidencing all renewals of any expiring insurance policy required hereunder within thirty (30) days of the expiration thereof. McClelland Consulting Engineers, Inc.'s failure to provide and continue in force and effect any insurance required under this Article shall be deemed a Default for which City of Fayetteville, in its sole discretion, may terminate this Agreement immediately or on such other terms as it sees fit. 27.6. Additional Insurance Requirements. All insurance maintained by McClelland Consulting Engineers, Inc. pursuant to this Section shall be written by insurance companies licensed to do business in Arkansas, in form and substance satisfactory to the City of Fayetteville, and shall provide that the insurance will not be subject to cancellation, termination, or change during its term except upon thirty (30) days prior written notice to the City of Fayetteville. 27.7. Duration of Insurance Obligations. McClelland Consulting Engineers, Inc. shall maintain its professional insurance coverage required under this Agreement in force and effect for a period not less than five years after the final acceptance of the project or the completion of McClelland Consulting Engineers, Inc.'s services under this Agreement, whichever comes later. Comprehensive General Liability Insurance Coverage required under this Agreement shall be in full force and effect until the final acceptance or the completion of McClelland Consulting Engineers, Inc.'s services, whichever comes later. All other insurance shall be maintained in full force and effect until final acceptance of the project or completion of McClelland Consulting Engineers, Inc.'s services, whichever comes first. 27.8. McClelland Consulting Engineers, Inc.'s Insurance Primary. All insurance policies maintained by McClelland Consulting Engineers, Inc. pursuant to. this Agreement shall provide that McClelland Consulting Engineers, Inc.'s insurance shall be primary and the City of Fayetteville's own insurance shall be non-contributing. 21 27.9. Additional Insured. All liability insurance policies, except the professional liability policy, maintained by McClelland Consulting Engineers, Inc. pursuant to this Agreement shall be endorsed to include the City of Fayetteville, its officers, directors, managers, employees, agents, assigns and representatives, individually and collectively, as additional insured, and all property damage insurance shall be endorsed with a waiver of subrogation by the insurer as to the City of Fayetteville. 28. DISPUTES AND CLAIMS 28.1. Notice of Potential Claim. Whenever a McClelland Consulting Engineers, Inc. deems that any additional compensation is due, McClelland Consulting Engineers, Inc. shall notify the City of Fayetteville in writing of its intention to make a claim for additional compensation ("Notice of Potential Claim") before beginning the work that gives rise to the claim. 28.2. Time & Manner for Submitting Claim. All disputes and claims shall first be submitted in writing to the City of Fayetteville within 45 calendar days after the completion or termination date. McClelland Consulting Engineers, Inc. hereby agrees that the failure to submit the dispute or claim to the City of Fayetteville prior to 45 calendar days after the completion or termination date shall constitute a waiver of the dispute or' claim. 28.3. Form. All disputes and claims must be submitted in writing and in sufficient detail to permit the City of Fayetteville to determine the basis for entitlement and the actual allowable costs incurred. Each claim must contain: • A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected by the claim; • The date the actions resulting in the claim occurred or conditions resulting in the claim became evident; • A copy of the "Notice of Potential Claim'; • The name, title, and activity of each City of Fayetteville's employee knowledgeable about facts that gave rise to such claim; • The name, title, and activity of each McClelland Consulting Engineers, Inc., Subcontractor, or employee knowledgeable about the facts that gave rise to the claim; • The specific provisions of the Agreement that support the claim and a statement why such provisions support the claim; • The identification and substance of any relevant documents, things, or oral communications related to the claim; • A statement whether the claim is based on provisions of the Agreement or an alleged breach of the Agreement; • If an extension of time is sought, the specific number of days sought and the basis for the extension; 22 • The amount of additional compensation sought and a specific cost breakdown of the amount claimed; and, • Any other information or documents that are relevant to the claim. 28.4. Decision and Appeal. The decision of the City of Fayetteville shall be final and conclusive. 28.5. Continued Performance. Pending final resolution of a dispute or claim, unless the City of Fayetteville has terminated this Agreement pursuant to Section 18 or issued a stop work order pursuant to Section 19, McClelland Consulting Engineers, Inc. shall proceed diligently with the performance of this Agreement in accordance with the City of Fayetteville's decisions. 28.6. The rights and remedies of the City of Fayetteville provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. If the City of Fayetteville decides the facts justify the action, the City of Fayetteville may, at its sole option and discretion, receive and act upon a proposal, dispute, or claim submitted at any time before final payment under this Agreement. 29. COVENANT AGAINST CONTINGENCY FEES 29.1. McClelland Consulting Engineers, Inc. warrants that no person or agency has been employed or retained to solicit or obtain this Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the City of Fayetteville shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration, or otherwise recover, the full amount of the contingent fee. 29.2. Bona fide agency, as used in this Section, means an established commercial or selling agency, maintained by McClelland Consulting Engineers, Inc. for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence. 29.3. Bona fide employee, as used in this Section, means a person, employed by McClelland Consulting Engineers, Inc. and subject to McClelland Consulting Engineers, Inc.'s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence. 29.4. Contingent fee, as used in this Section, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. 29.5. Improper influence, as used in this Section, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter. 30. TITLE VI ASSURANCES (NONDISCRIMINATION) 23 During the performance of this Agreement, McClelland Consulting Engineers, Inc., for itself, successors, and assigns, certifies and agrees as follows: 30.1. Compliance with Regulations. McClelland Consulting Engineers, Inc. shall comply with the Regulations relative to Title VI (Nondiscrimination in Federally -assisted programs of the Department of Transportation and its operating elements, especially Title 49, Code of Federal Regulations, Part 21 and 23 Code of Federal Regulations, as amended, and hereinafter referred to as the Regulations). These regulations are herein incorporated by reference and made a part of this Agreement. Title VI provides that the recipients of Federal financial assistance will maintain and implement a policy of nondiscrimination in which no person shall, on the basis of race, color, national origin, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by recipients of Federal financial assistance or their assignees and successors in interest. 30.2. Nondiscrimination. McClelland Consulting Engineers, Inc., with regard to the work performed by it during the term of this Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. McClelland Consulting Engineers, Inc. shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the USDOT Regulations. 30.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all solicitations, either by competitive bidding or negotiation, made by McClelland Consulting Engineers, Inc. for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by McClelland Consulting Engineers, Inc. of McClelland Consulting Engineers, Inc.'s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, or disability. 30.4. Information and Reports. McClelland Consulting Engineers, Inc. shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities by the City of Fayetteville, the AHTD, or the USDOT and its Affiliated Modes to be pertinent to ascertain compliance with such regulations or directives. Where any information required of McClelland Consulting Engineers, Inc. is in the exclusive possession of another who fails or refuses to furnish this information, McClelland Consulting Engineers, Inc. shall so certify to the City of Fayetteville, the AHTD or the FHWA, as appropriate, and shall set forth what efforts it has made by McClelland Consulting Engineers, Inc. to obtain the information. 30.5. Sanctions for Noncompliance. In the event of McClelland Consulting Engineers, Inc.'s noncompliance with the nondiscrimination provisions of this Agreement, the City of Fayetteville shall impose such contract sanctions as it, the AHTD, or the USDOT and its Affiliated Modes may determine to be appropriate, including but not limited to, withholding of payments to McClelland Consulting Engineers, Inc. under the Agreement until McClelland Consulting Engineers, Inc. complies with the provisions and cancellation, termination, or suspension of the Agreement, in whole or in part. 30.6. Incorporation of Provisions. McClelland Consulting Engineers, Inc. shall include the terms and conditions of this section in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. McClelland Consulting Engineers, Inc. shall take such action 24 with respect to any subcontract or procurement as the City bf Fayetteville, the AHTD, or USDOT and its Affiliated Modes may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, however that, in the event McClelland Consulting Engineers, Inc. becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, McClelland Consulting Engineers, Inc. may request the City of Fayetteville to enter into the litigation to protect the interests of the State and litigation to protect the interest of the United States. 31. DBE CLAUSE 31.1. McClelland Consulting Engineers, Inc. or subcontractor shall not discriminate on the basis of race, color, national origin, sex, age, religion, or disability in the performance of this Agreement. McClelland Consulting Engineers, Inc. shall comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions necessary to maintain compliance in the award and administration of DOT -assisted contracts. Failure by McClelland Consulting Engineers, Inc. to comply with or perform these requirements is a material breach of this Agreement, which may result in the cancellation, termination, or suspension of this Agreement in whole or in part, or such other remedy that the City of Fayetteville may determine appropriate. 31.2. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 32. TITLE 11 OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION) 32.1 McClelland Consulting Engineers, Inc. will comply with the provisions of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. 32.2 McClelland Consulting Engineers, Inc., during the term of this Agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion or disability, in admission or access to and treatment in programs and activities associated with this Agreement, or in the selection and retention of subcontractors, including procurement of material and leases of equipment. McClelland Consulting Engineers, Inc. shall not participate either directly or indirectly in any discrimination prohibited by the Regulations, including employment practices. 32.3 In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the City of Fayetteville's Notice of Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets, brochures, and any other publications associated with this Agreement that are made available to the public, program participants, applicants or employees. 33. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS 33.1. McClelland Consulting Engineers, Inc. certifies, to the best of its knowledge and belief, that- 33.1.1. McClelland Consulting Engineers, Inc. and any of its Principals- 25 33.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal or state agency; 33.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 33.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in Subsection 33.1.1.2; and, 33.1.1.4. McClelland Consulting Engineers, Inc. has not within a 3-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency. 33.2. Principals, for the purposes of this certification, means officers; directors; City of Fayettevilles; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18, United States Code, as well as any other applicable federal and state laws. 33.3. McClelland Consulting Engineers, Inc. shall provide immediate written notice to the City of Fayetteville if, at any time prior to contract award, McClelland Consulting Engineers, Inc. learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The certification in Subsection 33.1 is a material representation of fact upon which reliance was placed when making award. If it is later determined that McClelland Consulting Engineers, Inc. knowingly rendered an erroneous certification, the City of Fayetteville may terminate the contract resulting from this solicitation for default in addition to any other remedies available to the City of Fayetteville. 34. MISCELLANEOUS 34.1. General Compliance with Laws. McClelland Consulting Engineers, Inc. shall comply with all Federal, State, and local laws, regulations, and ordinances applicable to the work, including but not limited to, the Americans with Disabilities Act and Occupational Safety and Health Act as amended. 34.2. Registered Professional Engineer's Endorsement. All plans, specifications, estimates, and engineering data provided by McClelland Consulting Engineers, Inc. shall be endorsed and recommended by an authorized representative of McClelland Consulting Engineers, Inc., who shall be a registered Professional Engineer licensed in the State of Arkansas. 34.3. Choice of Law. This Agreement shall be governed by the laws of the State of Arkansas without consideration of its choice of law provisions. 26 34.4. Choice of Forum. McClelland Consulting Engineers, Inc. agrees that any cause of action stemming from or related to this Agreement, including but not limited to disputes or claims arising under this Agreement, for acts or omissions in the performance, suspension, or termination of this Agreement, whether sounding in contract or tort, equity or law, may only be brought in the appropriate forum within State of Arkansas. 34.5. No Waiver of Immunity. The City of Fayetteville expressly does not waive any defense of immunity that it may possess under either federal or state law, and no provision in this Agreement shall be construed to constitute such a waiver in whole or in part. 34.6. Conflicts Between Laws, Regulations, and Provisions. 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, State law and regulations, Department and FHWA Design Standards, and this Agreement. 34.7. Severability. If any term or condition of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, all remaining terms of this Agreement shall remain valid and enforceable unless one or both of the parties would be materially prejudiced. 34.8. No -Waiver. The failure of the City of Fayetteville to strictly enforce any term of this Agreement shall not be construed as a waiver of the City of Fayetteville's right to require McClelland Consulting Engineers, Inc.'s subsequent performance of the same or similar obligation or duty. 34.9. Modification and Merger. This written Agreement and any provisions incorporated by reference reflect the entire agreement of the parties and may be modified only by the express written agreement of both parties. 35. CERTIFICATION OF AUTHORIZED REPRESENTATIVES 35.1. This Agreement and the certifications contained herein or attached hereto constitute the whole Agreement of the parties, and each party certifies that this Agreement and any attached certification have been executed by their duly authorized representatives. 27 36. NOTICE 36.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be addressed to either the City of Fayetteville's Representative or McClelland Consulting Engineers, Inc.'s Representative, and mailed or hand -delivered to: 36.1.1. To the City of Fayetteville's Representative: City of Fayetteville 113 West Mountain Fayetteville, AR 72701 36.1.2. To McClelland Consulting Engineers, Inc.: McClelland Consulting Engineers, Inc. 1810 North College Avenue P.O. Box 1229 Fayetteville, AR 72703/72702-1229 IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out above. McClelland Consulting Engineers, Inc. City of Fayetteville, Arkansas BY: Name Title 28 BY: Name Title APPENDICES APPENDIX A JUSTIFICATION OF FEES AND COSTS APPENDIX B SUBCONTRACTS — Horner & Shifrin, Inc. APPENDIX C STANDARD CERTIFICATIONS APPENDIX D GENERAL AND DETAILED SCOPE OF WORK FOR CONTROL SURVEYS, DESIGN SURVEYS, AND LAND SURVEYS — 29 APPENDIX C State Job No. 040618 C-1 Federal Aid Project No. BRN-9142(29) CERTIFICATION OF MCCLELLAND CONSULTING ENGINEERS INC. I hereby certify that I, Daniel Barnes, am the President, Fayetteville, Office and duly authorized representative of the firm of McClelland Consulting Engineers, Inc. whose headquarters address is 900 West Markham, Little Rock, AR 72201 and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me) any fee contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; (d) included any costs which are not expressly allowable under the cost principles of the FAR of 48 CFR 31, whether direct or indirect. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas State Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. Furthermore, as a recipient of Federal Aid Highway Funds, I certify and hereby agree to the conditions of Title VI Assurances as outlined in Section 31 of this Agreement and shall insert the Notice of Nondiscrimination Statement as shown below in all solicitation of work or procurement of materials or equipment. NOTICE OF NONDISCRIMINATION STATEMENT The Firm of McClelland Consulting Engineers, Inc. ("Consultant'), complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, McClelland Consulting Engineers, Inc. does not discriminate on the basis of race, sex, color, age, national origin, or disability, in the admission, access to and treatment in McClelland Consulting Engineers, Inc.'s programs and activities, as well as McClelland Consulting Engineers, Inc.'s hiring or employment practices. Complaints of alleged discrimination and inquiries regarding McClelland Consulting Engineers, Inc.'s nondiscrimination policies may be directed to Andrea McGhee(ADA/504/Title VI Coordinator), P.O. Box 34087 Little Rock, AR 72203, 501-376-4522. (Voice/TTY 711), or, the following email address: amcghee@mcclelland-engrs.com. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. Authorized Firm Representative 30 Date APPENDIX C State Job No. 040618 C-3 Federal Aid Project No. BRN-9142(29) CERTIFICATION OF CITY OF FAYETTEVILLE, ARKANSAS I hereby certify that I am the Mayor of the City of Fayetteville, Arkansas and that the aforementioned consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee contributions donation, or consideration of any kind: except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. Mayor, City of Fayetteville, Arkansas 31 Date SUBCONSULTANT AGREEMENT JOB NO. 040618 Maple St. & Lafayette St. Bridge Bestoration _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ - - Deleted: Rehab FEDERAL AID PROJECT ("FAP") NO. BRN-9142(29) 1. SUBCONSULTANT AGREEMENT 1.1. The services to be performed under this Subconsultant Agreement will be performed in connection with the Agreement for Engineering Services ("Prime Agreement") between McClelland Consulting Engineers, Inc. and the City of Fayetteville, Arkansas ("Owner") for Job No. 040618, dated McClelland Consulting Engineers, Inc. ("Consultant") and Horner & Shifrin, Inc. ("Subconsultant") hereby agree that Horner & Shifrin, Inc. shall perform the professional and related services as described herein. In consideration for the performance of the professional services McClelland Consulting Engineers, Inc. agrees to compensate (and reimburse, if applicable) Horner & Shifrin, Inc. in the manner and at the rate(s) provided herein. 1.2. The definitions of the Prime Agreement, and its provisions relating to the obligations, duties, and rights of subcontractors, or which are otherwise required to be inserted into any subcontracting agreements, are deemed to be part of, and are hereby incorporated by reference into, this Subconsultant Agreement and made binding upon Horner & Shifrin, Inc. 2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED Title 1 Services: 2.1 Design • Prepare project design criteria and submit to AHTD for review before preliminary design workto obtain design exemptions where necessary to retain the original _ - Deleted:. elements and design. Design exemptions will be based on coordination with the State Historic Preservation Office (SHPO). AHTD Standard Specifications for Highway Construction will be used. • Complete site visit for visual verification of previous bridge inspection. • Comply with any requirements to maintain historical integrity of the structures. • Develop an engineering design for the bridgejestoration, Submit design plans for_ - Deleted: rehabilitation review by the City of Fayetteville and AHTD at the 30%, 60%, and 90% stages. Submit an updated cost estimate with each design review. . o Maple Street Bridge Design Scope ■ Replace overlay ■ Replace deck drains ■ Repair superstructure and substructure concrete ■ Replace sidewalk ■ Replace only damaged_sections_of bridge rail using original plans_ _ _ - Deleted: <#>, provide 24' roadway to replicate rp iginal sections. _ _ _ _ _ _ _ _ l with 6 n sidewalks on each side¶ ■ If testing indicates and the City of Fayetteville authorizes, provide Deleted: new plans for replacement of the slab, including an analysis of Deleted: (do not match concrete construction loads color) ■ Replace light fixtures at rail end posts using original plans to replicate ri final fixtures _ _ _ _ _ _ . - - Deleted: new ■ Complete load rating analysis for new slab (if applicable and authorized by the City of Fayetteville) and additional load of sidewalk/railing/overlay Lafayette Street Bridge Design Scope ■ Replace overlay ■ Replace expansion joints ■ Replace abutment bearings ■ Repair superstructure and substructure concrete ■ Replace sidewalk ■ Replace only damaged sections of bridge rail using original plans to replicate ri inal sections, _ _ - Deleted: new ■ Replace light fixtures at rail end posts using original plans to Deleted: (do not match concrete replicate rp ipinal fixtures If testing indicates, provide plans for . color) replacement of the superstructure, including an analysis of Deleted: new construction loads ■ Complete load rating analysis for new slab (if applicable and the City of Fayetteville Authorizes) and additional load of sidewalk/railing/overlay ■ Replace or repair leaning wall at SW corner of approach using original plans to replicate existing wall — design completed by Horner and Shifrin, Inc. and construction drawings to be completed by McClelland Consulting Engineers, Inc. ■ If testing indicates and the City of Fayetteville authorizes, provide plans for replacement of the slab, including an analysis of construction loads. Title 2 Services: 2.2 Engineering Management Services • Review of shop drawings and submittals, as requested. • Provide design related solutions to construction problems and issues that may arise during construction. 3. COSTS, FEES, PAYMENTS AND RATE SCHEDULES 3.1 Schedule of Salary Ranges Labor Classification Labor Rate Ranae Professional 1 $70.00 — 77.00 Professional II $62.02 — 68.22 Professional III $46.85 — 57.71 Professional IV $38.91 — 49.18 Professional V $33.48 — 37.71 Professional VI $27.45 — 35.26 Professional VII $21.92 — 28.96 Technician 1 $33.65 — 37.02 Technician II $26.83 — 33.21 Technician III $21.13 — 23.24 Technician IV $15.43 —16.97 Word Processor II $19.64 — 21.60 Clerical II $29.13 — 32.04 4. COMPENSATION SUBJECT TO LIMITATIONS OF FEDERAL AND STATE LAW 4.1. The Project (as defined in the Prime Agreement), part of which is to be performed under this Subconsultant Agreement, is a federally -assisted project and federal funds will be used, in part, to pay McClelland Consulting Engineers, Inc. and Subconsultant. Therefore, notwithstanding any provision of this Subconsultant Agreement or the Prime Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of 48 C.F.R. Part 31, including those relating to determination of indirect cost rates, if applicable. Horner & Shifrin, Inc. shall certify the accuracy of all invoices, requests for payment, and cost rates (if applicable), along with supporting documentation and any supporting information or records provided prior to, during, or after the term of this Subconsultant Agreement. S. COMMISSION AHTD AND FHWA AS THIRD PARTY BENEFICIARIES 5.1. This Subconsultant Agreement is between and binding upon only McClelland Consulting Engineers, Inc. and Horner & Shifrin, Inc.. The Commission, AHTD, and FHWA are not parties to this Subconsultant Agreement, but are expressly made third - party beneficiaries of this Subconsultant Agreement and shall be entitled to enforce any obligation of Horner & Shifrin, Inc. owed to McClelland Consulting Engineers, Inc.. No provision of this Subconsultant Agreement or the Prime Agreement, nor the exercise of any right thereunder, shall be construed as creating any obligation or any liability on the part of, or operating as a waiver of any immunity of, the Commission, the AHTD, the FHWA, or any of their employees, officers, or agents. 5.2. Horner & Shifrin, Inc.'s sole recourse, if any, for any injury arising under or related to this Subconsultant Agreement, the performance of services hereunder, or compensation or claims hereunder, shall be against McClelland Consulting Engineers, Inc.. 5.3. The Disputes and Claims provisions of the Prime Agreement shall not apply to this Subconsultant Agreement. 6. COVENANT AGAINST CONTINGENCY FEES 6.1. Horner & Shifrin, Inc. warrants that no person or agency has been employed or retained to solicit or obtain this Subconsultant Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the AHTD and McClelland Consulting Engineers, Inc. shall have the right to annul this Subconsultant Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration, or otherwise recover, the full amount of the contingent fee. 6.2. Bona fide agency, as used in this section, means an established commercial or selling agency, maintained by Horner & Shifrin, Inc. for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence. 6.3. Bona fide employee, as used in this section, means a person, employed by Horner & Shifrin, Inc. and subject to Horner & Shifrin, Inc.'s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence. 6.4. Contingent fee, as used in this section, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. 6.5. Improper influence, as used in this section, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter. 7. TITLE VI ASSURANCES (NONDISCRIMINATION) During the performance of this Subconsultant Agreement, the Horner & Shifrin, Inc., for itself, successors, and assigns, certifies and agrees as follows: 7.1. Compliance with Regulations. Horner & Shifrin, Inc. shall comply with the Regulations relative to Title VI (Nondiscrimination in Federally -assisted programs of the Department of Transportation and its operating elements, especially Title 49, Code of Federal Regulations, Part 21 and 23 Code of Federal Regulations, as amended, and hereinafter referred to as the Regulations). These regulations are herein incorporated by reference and made a part of this Subconsultant Agreement. Title VI provides that the recipients of Federal financial assistance will maintain and implement a policy of nondiscrimination in which no person shall, on the basis of race, color, national origin, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by recipients of Federal financial assistance or their assignees and successors in interest. 7.2. Nondiscrimination. Horner & Shifrin, Inc., with regard to the work performed by it during the term of this Subconsultant Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Horner & Shifrin, Inc. shall not participate either directly or indirectly in any discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the USDOT Regulations. 7.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all solicitations, either by competitive bidding or negotiation, made by Horner & Shifrin, Inc. for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Horner & Shifrin, Inc. of Horner & Shifrin, Inc.'s obligations under this Subconsultant Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, or disability. 7.4. Information and Reports. Horner & Shifrin, Inc. shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Fayetteville, the AHTD or the USDOT and its Affiliated Modes to be pertinent to ascertain compliance with such regulations and directives. Where any information required of McClelland Consulting Engineers, Inc. is in the exclusive possession of another who fails or refuses to furnish this information, Horner & Shifrin, Inc. shall so certify to the City of Fayetteville, the AHTD, or the USDOT and its Affiliated Modes, as appropriate, and shall set forth what efforts it has made by Horner & Shifrin, Inc. to obtain the information. 7.6. Sanctions for Noncompliance. In the event of Horner & Shifrin, Inc.'s noncompliance with the nondiscrimination provisions of this Subconsultant Agreement, the City of Fayetteville shall impose such contract sanctions as it, the AHTD, or the USDOT and its 4 Affiliated Modes may determine to be appropriate, including but not limited to, withholding of payments to McClelland Consulting Engineers, Inc. or Horner & Shifrin, Inc. under the Agreement until Horner & Shifrin, Inc. complies with the provisions and/or cancellation, termination, or suspension of Horner & Shifrin, Inc. Agreement, in whole or in part. Incorporation of Provisions. Horner & Shifrin, Inc. shall include the terms and conditions of this section in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Horner & Shifrin, Inc. shall take such action with respect to any subcontract or procurement as the City of Fayetteville, the AHTD, or USDOT and its Affiliated Modes may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however that, in the event Horner & Shifrin, Inc. becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, Horner & Shifrin, Inc. may request the City of Fayetteville, or the AHTD, to enter into the litigation to protect the interests of the State and litigation to protect the interest of the United States. 8. DBE CLAUSE 8.1. Horner & Shifrin, Inc. shall not discriminate on the basis of race, color, national origin, sex, age, religion, or disability in the performance of this Subconsultant Agreement. Horner & Shifrin, Inc. shall comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions necessary to maintain compliance in the award and administration of DOT -assisted contracts. Failure by Horner & Shifrin, Inc. to comply with or perform these requirements is a material breach of this Subconsultant Agreement, which may result in the cancellation, termination, or suspension of this Subconsultant Agreement in whole or in part, or such other remedy that the AHTD may determine appropriate. 8.2.Prompt Payment. Horner & Shifrin, Inc. shall pay its subcontractors, if any, for satisfactory performance of their subcontracts within 30 days of receipt of each payment by the AHTD to Horner & Shifrin, Inc.. Any retainage payments held by Horner & Shifrin, Inc. must be returned to the subcontractor within 30 days after the subcontractor's work is completed. Failure to comply with this provision shall be considered a Default by Horner & Shifrin, Inc.. If Horner & Shifrin, Inc. fails to comply with this provision, in addition to any other rights or remedies provided under this Subconsultant Agreement, the AHTD, at its sole option and discretion, may: • make payments directly to the subcontractor and offset such payments, along with any administrative costs incurred by the AHTD, against reimbursements or payments otherwise due Horner & Shifrin, Inc.; • notify any sureties; and/or, • withhold any or all reimbursements or payments otherwise due to Horner & Shifrin, Inc. until Horner & Shifrin, Inc. ensures that the subcontractors have been and will be promptly paid for work performed. 8.3. Horner & Shifrin, Inc. shall insert a clause containing all the terms of this section in all subcontracts under this Subconsultant Agreement. 9. TITLE II OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION) 9.1 Horner & Shifrin, Inc. will comply with the provisions of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. 9.2 Horner & Shifrin, Inc., during the term of this Agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion or disability, in admission or access to and treatment in programs and activities associated with this Agreement, or in the selection and retention of subcontractors, including procurement of material and leases of equipment. McClelland Consulting Engineers, Inc. shall not participate either directly or indirectly in any discrimination prohibited by the Regulations, including employment practices. 9.3 In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the City of Fayetteville's Notice of Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets, brochures, and any other publications associated with this Agreement that are made available to the public, program participants, applicants or employees. 10. CERTIFICATION REGARDING DEBARMENT SUSPENSION PROPOSED DEBARMENT AND OTHER RESPONSIBILITY MATTERS 10.1. Horner & Shifrin, Inc. certifies, to the best of its knowledge and belief, that- 10.1.1. Horner & Shifrin, Inc. and any of its Principals 10.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal or state agency; 10.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 10.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subsection 10.1.1.2; and, 10.1.1.4. Horner & Shifrin, Inc. has not within a 3-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency. 10.2. Principals, for the purposes of this certification, means officers; directors; City of Fayettevilles; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code, as well as any other applicable federal and state laws. 10.3. Horner & Shifrin, Inc. shall provide immediate written notice to the AHTD if, at any time prior to contract award, Horner & Shifrin, Inc. learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 10.4. The certification in subsection 10.1 is a material representation of fact upon which reliance was placed when making award. If it is later determined that Horner & Shifrin, Inc. knowingly rendered an erroneous certification, the AHTD may terminate the contract resulting from this solicitation for default in addition to any other remedies available to the AHTD. 11. NOTICE 11.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be mailed or hand -delivered to: 11.1.1. To Horner & Shifrin, Inc.: Horner & Shifrin, Inc. 5200 Oakland Avenue St. Louis, MO 63110-1490 11.1.2. To McClelland Consulting Engineers, Inc.: McClelland Consulting Engineers, Inc. 1810 North College Avenue P.O. Box 1229 Fayetteville, AR 72703/72702-1229 IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be effective McClelland Consulting Engineers, Inc. Horner & Shifrin, Inc. BY: Name Title 7 BY: Name Title APPENDIX C C-1 hereby certify that I, _ representative of the firm of above firm I here represent has: State Job No. 040618 Federal Aid Project No. BRN-9142(29) CERTIFICATION OF CONSULTANT am the whose and duly authorized headquarters address is . and that neither I nor the (a) employed or retained for a commission, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me) any fee contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; (d) included any costs which are not expressly allowable under the cost principles of the FAR of 48 CFR 31, whether direct or indirect. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas State Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. Furthermore, as a recipient of Federal Aid Highway Funds, I certify and hereby agree to the conditions of Title VI Assurances as outlined in Section 31 of this Agreement and shall insert the Notice of Nondiscrimination Statement as shown below in all solicitation of work or procurement of materials or equipment. NOTICE OF NONDISCRIMINATION STATEMENT [Provided by Consultant/Subconsultant. A sample is shown below.] The ("Consultant"), complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, the Consultant does not discriminate on the basis of race, sex, color, age, national origin, or disability, in the admission, access to and treatment in Consultant's programs and activities, as well as the Consultant's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Consultant's nondiscrimination policies may be directed to _[Insert Contact's namel (ADA/504lfitle VI Coordinator), _[Insert Contact's address and telephone numberl , (Voice/TTY 711), or, the following email address: This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. Authorized Firm Representative Date APPENDIX B SUBCONSULTANT AGREEMENT JOB NO. 040618 Maple St. & Lafayette St. Bridge Restoration FEDERAL AID PROJECT ("FAP") NO. BRN-9142(29) 1. SUBCONSULTANT AGREEMENT 1.1. The services to be performed under this Subconsultant Agreement will be performed in connection with the Agreement for Engineering Services ("Prime Agreement") between McClelland Consulting Engineers, Inc. and the City of Fayetteville, Arkansas ("Owner") for Job No. 040618, dated . McClelland Consulting Engineers, Inc. ("Consultant") and Horner & Shifrin, Inc. ("Subconsultant') hereby agree that Horner & Shifrin, Inc. shall perform the professional and related services as described herein. In consideration for the performance of the professional services McClelland Consulting Engineers, Inc. agrees to compensate (and reimburse, if applicable) Horner & Shifrin, Inc. in the manner and at the rate(s) provided herein. 1.2. The definitions of the Prime Agreement, and its provisions relating to the obligations, duties, and rights of subcontractors, or which are otherwise required to be inserted into any subcontracting agreements, are deemed to be part of, and are hereby incorporated by reference into, this Subconsultant Agreement and made binding upon Horner & Shifrin, Inc. 2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED Title 1 Services: 2.1 Design • Prepare project design criteria and submit to AHTD for review before preliminary design work to obtain design exemptions where necessary to retain the original elements and design. Design exemptions will be based on coordination with the State Historic Preservation Office (SHPO). AHTD Standard Specifications for Highway Construction will be used. • Complete site visit for visual verification of previous bridge inspection. • Comply with any requirements to maintain historical integrity of the structures. • Develop an engineering design for the bridge restoration, Submit design plans for review by the City of Fayetteville and AHTD at the 30%, 60%, and 90% stages. Submit an updated cost estimate with each design review. o Maple Street Bridge Design Scope ■ Replace overlay ■ Replace deck drains ■ Repair superstructure and substructure concrete ■ Replace sidewalk ■ Replace only damaged sections of bridge rail using original plans to replicate original sections,goncrete color should not_ match - _ _ -f Deleted: (do not match concrete per SHPO (color) ■ If testing indicates and the City of Fayetteville authorizes, provide plans for replacement of the slab, including an analysis of construction loads ■ Replace light fixtures at rail end posts using original plans to replicate original fixtures ■ Complete load rating analysis for new slab (if applicable and authorized by the City of Fayetteville) and additional load of sidewalk/railing/overlay Lafayette Street Bridge Design Scope ■ Replace overlay • Replace expansion joints ■ Replace abutment bearings • Repair superstructure and substructure concrete • Replace sidewalk • Replace only damaged sections of bridge rail using original plans to replicate original sections Concrete color should not match — per SHP______________________________________ Deleted:(donotmatchconcrete ■ Replace light fixtures at rail end posts using original plans to color) replicate original fixtures If testing indicates, provide plans for replacement of the superstructure, including an analysis of construction loads • Complete load rating analysis for new slab (if applicable and the City of Fayetteville Authorizes) and additional load of sidewalk/railing/overlay ■ Replace or repair leaning wall at SW corner of approach using original plans to replicate existing wall — design completed by Horner and Shifrin, Inc. and construction drawings to be completed by McClelland Consulting Engineers, Inc. ■ If testing indicates and the City of Fayetteville authorizes, provide plans for replacement of the slab, including an analysis of construction loads. Title 2 Services: 2.2 Engineering Management Services • Review of shop drawings and submittals, as requested. • Provide design related solutions to construction problems and issues that may arise during construction. 3. COSTS FEES PAYMENTS AND RATE SCHEDULES 3.1 Schedule of Salary Ranges Labor Classification Labor Rate Range Professional 1 $70.00 — 77.00 Professional II $62.02 — 68.22 Professional III $46.85 — 57.71 Professional IV $38.91 — 49.18 Professional V $33.48 — 37.71 Professional VI $27.45 — 35.26 Professional VII $21.92 — 28.96 Technician 1 $33.65 — 37.02 Technician II $26.83 — 33.21 Technician III $21.13 — 23.24 Technician IV $15.43 — 16.97 Word Processor II $19.64 — 21.60 Clerical 11 $29.13 — 32.04 4. COMPENSATION SUBJECT TO LIMITATIONS OF FEDERAL AND STATE LAW AGREEMENT FOR ENGINEERING SERVICES (LOCAL VERSION — COST PLUS FEE) JOB NO. 040618 FEDERAL AID PROJECT ("FAP") NO. BRN-9142(29) Maple St. & Lafayette St. Bridge Restoration (Fayetteville)(S) Washington County PREAMBLETHIS AGREEMENT, entered into this � day of ► u(/(,�Y� , 2013, by and between The City of Fayetteville, Arkansas("Owner"),and McClelland Consulting Engineers, Inc. ("Consultant"), a corporation existing under the laws of the State of Arkansas, with principal offices at 1810 North College Avenue, Fayetteville, Arkansas 72703 and 900 West Markham, Little Rock, Arkansas 72203. WITNESSETH: WHEREAS, the City of Fayetteville is planning to restore the historic Maple Street Bridge (Bridge Number 01940) and Lafayette Street Bridge (Bridge Number 01941), including related approach work in Fayetteville, Arkansas, and requires the professional services from McClelland Consulting Engineers, Inc. to perform a geotechnical evaluation, topographic survey, design, construction administration, and construction observation, and, WHEREAS, the City of Fayetteville's forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and, WHEREAS, McClelland Consulting Engineers, Inc.'s staff is adequate and well qualified, and it has been determined that its current workload will permit completion of the project on schedule. NOW THEREFORE, it is considered to be in the best public interest for the City of Fayetteville to obtain the assistance of McClelland Consulting Engineers, Inc.'s organization in connection with engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: 1. PRELIMINARY MATTERS 1.1. "McClelland Consulting Engineers, Inc.'s Representative" shall be Daniel Barnes, P.E., until written notice is provided to the City of Fayetteville designating a new representative. 1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $279,045.55 1.3. . The Contract Ceiling Price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement. In no event, unless modified in writing, shall total payments by the City of Fayetteville under this Agreement exceed the Contract Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling Price. McClelland Consulting Engineers, Inc. additionally agrees that half cell potential tests, bridge deck replacement design, and analysis of existing structures for bridge deck replacement will not be performed unless authorized by the City of Fayetteville. 1.4. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the City of Fayetteville under this Agreement. 1.5. "Default" means the failure of McClelland Consulting Engineers, Inc. to perform any of the provisions of this Agreement. Default includes, but is not limited to, failure to complete phases of the work according to schedule or 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 federal and state laws, and failure to comply with certifications made in or pursuant to this Agreement. 1.6. "Department" or "AHTD" means the Arkansas State Highway and Transportation Department. 1.7. "DOT" means the United States Department of Transportation. 1.8. "FAR" means the Federal Acquisition Regulations, codified in 48 C.F.R. 1.9. "Fee" whether fixed or otherwise is a dollar amount that includes McClelland Consulting Engineers, Inc.'s profit on the job. 1.10. "FHWA" means the Federal Highway Administration. 1.11. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 C.F.R. Part 31, and is also subject to any limitations contained herein. The Indirect Cost Rate for McClelland Consulting Engineers, Inc. under this Agreement shall be 184.34 percent. If applicable, the Indirect Cost Rate for each subcontractor shall be listed in Appendix B. 1.12. "Title I Services" are those services provided by McClelland Consulting Engineers, Inc. before the award of the contract for the construction of the Project, consisting primarily of engineering services for the planning or design of the Project. 1.13. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is $250,044.26. The Title I Services Ceiling price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement for fees and costs related to Title I Services. In no event, unless modified in writing, shall total payments by the City of Fayetteville related to Title I Services exceed the Title I Services Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title I Services exceeding the Title I Services Ceiling Price. 14. "Title II Multiplier" (if applicable) is the mark-up by which the fee and indirect costs associated with Title II services are calculated. The Title II Multiplier, which accounts for the fee and indirect costs, is multiplied by the salary rate, as shown on the Schedule of Salary Ranges, of the particular individual(s) performing the Title II services. The Title II Multiplier for the term of this Agreement is 3.18. 15. "Title II Services" are those services provided by McClelland Consulting Engineers, Inc. after the award of the contract for the construction of the Project, consisting primarily of engineering services during the construction of the Project. 16. "Title II Services Ceiling Price". The Title II Services Ceiling Price for this Agreement is $29,001.29. The Title II Services Ceiling price is the maximum aggregate amount of 2 all payments that the City of Fayetteville may become obligated to make under this Agreement for fees and costs related to Title II Services. In no event, unless modified in writing, shall total payments by the City of Fayetteville related to Title II Services exceed the Title II Services Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title II Services exceeding the Title II Services Ceiling Price. 2. TYPE OF AGREEMENT 2.1. This Agreement is a cost -plus -fixed -fee contract. McClelland Consulting Engineers, Inc. is being hired to perform professional engineering services in connection with the Project as set forth herein. In consideration for Title I services performed, the City of Fayetteville will reimburse McClelland Consulting Engineers, Inc. for allowable direct and indirect costs, as defined herein, and pay McClelland Consulting Engineers, Inc. a fixed fee. If Title II services are to be performed, the City of Fayetteville will reimburse McClelland Consulting Engineers, Inc. for allowable direct costs and also pay McClelland Consulting Engineers, Inc. an amount determined by multiplying the salary rate of the individual(s) performing the Title II services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. 2.2. The Project to be performed under this Agreement is a federally -assisted project and federal funds will be used, in part, to pay McClelland Consulting Engineers, Inc.. Therefore, notwithstanding any provision of this Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of 48 C.F.R. Part 31, and McClelland Consulting Engineers, Inc. shall certify the accuracy of all invoices and requests for payment, along with supporting documentation and any information provided in determining the Indirect Cost Rates. 3. COSTS, FEES, AND PAYMENT 3.1. Allowable costs. 3.1.1. Allowable costs are subject to the limitations, regulations, and cost principles and procedures in 48 C.F.R. Part 31, which are expressly incorporated into this Agreement by reference. For the purpose of reimbursing allowable costs (except as provided in subparagraph 2 below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only- 3.1.1.1. Those recorded costs that, at the time of the request for reimbursement, McClelland Consulting Engineers, Inc. has paid by cash, check, or other form of actual payment for items or services purchased directly for the Agreement; 3.1.1.2. When McClelland Consulting Engineers, Inc. is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for — Materials issued from McClelland Consulting Engineers, Inc.'s inventory and placed in the production process for use in its performance under this Agreement; • Direct labor; M • Direct travel; • Other direct in-house costs; and • Properly allocable and allowable indirect costs, as shown in the records maintained by McClelland Consulting Engineers, Inc. for purposes of obtaining reimbursement under government contracts; and • The amount of progress payments that have been paid to McClelland Consulting Engineers, Inc.'s subcontractors under similar cost standards. 3.1.2. McClelland Consulting Engineers, Inc.'s contributions to any pension or other post -retirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes; provided, that McClelland Consulting Engineers, Inc. pays the contribution to the fund within 30 days after the close of the period covered. Payments made 30 days or more after the close of a period shall not be included until McClelland Consulting Engineers, Inc. actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until McClelland Consulting Engineers, Inc. actually makes the payment. 3.1.3. Notwithstanding the audit and adjustment of invoices or vouchers, allowable indirect costs under this Agreement shall be obtained by applying Indirect Cost Rates established in accordance with Subsection 3.3 below. 3.1.4. Any statements in specifications or other documents incorporated in this Agreement by reference designating performance of services or furnishing of materials at McClelland Consulting Engineers, Inc.'s expense or at no cost to the City of Fayetteville shall be disregarded for purposes of cost -reimbursement. 3.2. Salaries. The following schedule covers the classification of personnel and the salary ranges for all personnel anticipated to be assigned to this project by McClelland Consulting Engineers, Inc.: 3.2.1.1. SCHEDULE OF SALARY RANGES Labor Classification Labor Rate Range Principal Engineer $41.27 - $50.50 Project Engineer $25.84 - $41.40 Engineering Technician $16.50 - $30.00 Construction Observer $15.00 - $31.25 Chief Draftsman $22.00 - $25.00 Draftsman $15.38 - $19.00 Survey Technician $17.00 - $27.00 Registered Land Surveyor $21.50 - $32.00 Field Survey (1-man or Rodman) $16.50 - $24.00 Survey (2- man or Robotic) Crew $17.00 - $27.00 Geotech Engineer $26.66 - $41.40 Soils Lab Supervisor $16.25 - $21.50 Soils Lab Technician $12.90 - $15.25 Office Administration $14.50 - $19.50 Clerical $10.50 - $20.00 4 3.2.1.2. The City of Fayetteville shall reimburse McClelland Consulting Engineers, Inc. for overtime costs only when the overtime has been authorized in writing by the City of Fayetteville. When authorized, overtime shall be reimbursed at the rate of time and one-half for all nonexempt employees. Notwithstanding this provision, McClelland Consulting Engineers, Inc. must comply with all federal and state wage and hour laws and regulations, regardless whether the overtime is considered reimbursable under this Agreement. 3.3. Indirect Cost Rates. 3.3.1. Allowable indirect costs incurred by McClelland Consulting Engineers, Inc. shall also be reimbursed by the City of Fayetteville at the Indirect Cost Rate. The Indirect Cost Rate of McClelland Consulting Engineers, Inc. for this Agreement shall be the rate as set forth in subsection 1.11. If applicable, the Indirect Cost Rate for subcontractors shall be determined in the same manner and subject to the same limitations as McClelland Consulting Engineers, Inc., and shall be listed for each subcontractor identified in Appendix B. The Indirect Cost Rate, or any adjustment thereto, shall not change any monetary ceiling, contract obligation, or specific cost allowance, or disallowance provided for in this Agreement except as provided for in sections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect costs pursuant to 48 C.F.R. Part 31 ("FAR"). 3.3.2. In establishing the Indirect Cost Rate or proposing any adjustment thereto, McClelland Consulting Engineers, Inc. shall, upon request, submit to the City of Fayetteville, FHWA, or their representatives an audited indirect cost rate and supporting cost data in accordance with the requirements set forth in the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. 3.3.3. During the term of this Agreement, if an audit of a subsequent accounting period of McClelland Consulting Engineers, Inc. demonstrates that McClelland Consulting Engineers, Inc. has incurred allowable indirect costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be adjusted. Any adjustment is subject to the audit and documentation requirements of the FAR and the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. Except in the case of a provisional Indirect Cost Rate, as provided in the following subparagraphs, or the disallowance of cost following a subsequent audit, any adjustment to the Indirect Cost Rate shall be effective only prospectively from the date that the adjustment is accepted. 3.3.4. In order to expedite some projects, when an audited indirect cost rate has not yet been submitted and approved, the City of Fayetteville may extend a temporary waiver and accept a provisional indirect cost rate. This provisional rate must be reviewed by, and receive a positive recommendation from the Arkansas Highway and Transportation Department's Chief Auditor. The provisional cost proposal must be accompanied by written assurance from an independent CPA that he/she has been engaged to audit the costs in accordance with the above requirements. The anticipated audit must be based on costs incurred in the most recently completed fiscal year for which the cost data is available, with the audit scheduled to begin within a reasonable time frame. If the date of the initial cost proposal is within the last quarter of the current fiscal year, the audit may be delayed until the current M fiscal year is closed and the final cost data is available. The written assurance from the CPA that he or she has been engaged to perform the audit at an appropriate time is still required. 3.3.5. Once an audited indirect cost rate is approved, the ceiling prices provided for in the initial agreement using the provisional indirect cost rate will be adjusted with a supplemental agreement to implement the resulting increase or decrease from revising the indirect cost rate, and all amounts paid McClelland Consulting Engineers, Inc. prior to receipt and acceptance of an audited indirect cost rate will be retroactively adjusted for changes in the indirect cost rate. However, no changes in hours, fixed fees, or other costs will be allowed as a result of applying the audited indirect cost rate. 3.4. Fees. The justification for the fees and costs is contained in Appendix A. In addition to reimbursement of the allowable costs as set forth above, the City of Fayetteville shall pay to McClelland Consulting Engineers, Inc. a fixed fee of $7,844.18. for Title I Services. For Title 11 Services, if applicable, the City of Fayetteville shall reimburse McClelland Consulting Engineers, Inc. for allowable direct costs and also pay to McClelland Consulting Engineers, Inc. an amount determined by multiplying the salary rate of the individual(s) performing the Title II Services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. The Title II Multiplier shall account for all fees and indirect costs associated with Title II services. 3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and payment of the fees shall be made as follows, unless modified by the written agreement of both parties: 3.5.1. Not more often than once per month, McClelland Consulting Engineers, Inc. shall submit to the City of Fayetteville, in such form and detail as the City of Fayetteville may require, an invoice or voucher supported by a statement of the claimed allowable costs for performing this Agreement, and estimates of the amount and value of the work accomplished under this Agreement. The invoices for costs and estimates for fees shall be supported by any data requested by the City of Fayetteville. 3.5.2. In making estimates for fee purposes, such estimates shall include only the amount and value of the work accomplished and performed by McClelland Consulting Engineers, Inc. under this Agreement which meets the standards of quality established under this Agreement. McClelland Consulting Engineers, Inc. shall submit with the estimates any supporting data required by the City of Fayetteville. At a minimum, the supporting data shall include a progress report in the form and number required by the City of Fayetteville. 3.5.3. Upon approval of the estimate by the City of Fayetteville, payment upon properly executed vouchers shall be made to McClelland Consulting Engineers, Inc., as soon as practicable, of 100 percent of the allowed costs, and of 90 percent of the approved amount of the estimated fee, less all previous payments. Notwithstanding any other provision of this Agreement, only costs and fees determined to be allowable by the City of Fayetteville in accordance with subpart 31.2 of the Federal Acquisition Regulations (FAR) in effect on the date of this Agreement and under the terms of this Agreement shall be reimbursed or paid. 3.5.4. Before final payment under the Agreement, and as a condition precedent thereto, McClelland Consulting Engineers, Inc. shall execute and deliver to the City of Fayetteville a release of all claims which are known or reasonably could have been known to exist against the City of Fayetteville arising under or by virtue of this Agreement, other than any claims that are specifically excepted by McClelland N. Consulting Engineers, Inc. from the operation of the release in amounts stated in the release. 3.6. Title l Services, Title 11 Services, and Contract Ceiling Prices. The parties agree that aggregate payments under this Agreement, including all costs and fees, shall not exceed the Contract Ceiling Price. The parties further agree that aggregate payments for Title I services under this Agreement, including all costs and fees, shall not exceed the Title I Services Ceiling Price; and that aggregate payments for Title II services under this Agreement, including all costs and fees, shall not exceed the Title II Services Ceiling Price. No adjustment of the Indirect Cost Rate or the Title II Multiplier, claim, or dispute shall affect the limits imposed by these ceiling prices. No payment of costs or fees shall be made above these ceiling prices unless the Agreement is modified in writing. 3.7. Final payment. 3.7.1. McClelland Consulting Engineers, Inc. shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but no later than forty-five (45) days (or longer, as the City of Fayetteville may approve in writing) after the completion date. Upon approval of the completion invoice or voucher, and upon McClelland Consulting Engineers, Inc.'s compliance with all terms of this Agreement, the City of Fayetteville shall promptly pay any balance of allowable costs and any retainage owed to McClelland Consulting Engineers, Inc.. After the release of said retainage McClelland Consulting Engineers, Inc. agrees that it will continue to provide consultation services to the City of Fayetteville as needed through supplemental agreement(s) with respect to the contracted services under this Agreement until all work is completed under both Title I and Title II. 3.7.2. McClelland Consulting Engineers, Inc. shall pay to the City of Fayetteville any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by McClelland Consulting Engineers, Inc. or any assignee under this Agreement, to the extent that those amounts are properly allocable to costs for which McClelland Consulting Engineers, Inc. has been reimbursed by the City of Fayetteville. Reasonable expenses incurred by McClelland Consulting Engineers, Inc. for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the City of Fayetteville. Before final payment under this Agreement, McClelland Consulting Engineers, Inc. and each assignee whose assignment is in effect at the time of final payment shall execute and deliver — An assignment to the City of Fayetteville, in form and substance satisfactory to the City of Fayetteville, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which McClelland Consulting Engineers, Inc. has been reimbursed by the City of Fayetteville under this Agreement; and, • A release discharging the City of Fayetteville, its officers, agents, and employees from all liabilities, obligations, and claims which were known or could reasonably have been known to exist arising out of or under this Agreement. 3.8. City of Fayetteville's Right to Withhold Payment. The City of Fayetteville may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of the services of McClelland Consulting Engineers, Inc. and made against the City of Fayetteville; (2) evidence of fraud, over -billing, or overpayment; (3) inclusion of non -allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) McClelland Consulting Engineers, Inc.'s default or unsatisfactory performance of services. The withholding of payment under i7 this provision shall in no way relieve McClelland Consulting Engineers, Inc. of its obligation to continue to perform its services under this Agreement. 4. DISALLOWANCE OF COSTS 4.1. Notwithstanding any other clause of this Agreement, the City of Fayetteville may at any time issue to McClelland Consulting Engineers, Inc. a written notice of intent to disallow specified costs incurred or planned for incurrence under this Agreement that have been determined not to be allowable under the contract terms. 4.2. Failure to issue a notice under this Section shall not affect the City of Fayetteville's rights to take exception to incurred costs. 4.3. If a subsequent audit reveals that: (1) items not properly reimbursable have, in fact, been reimbursed as direct costs; or (2) that the Indirect Cost Rate contains items' not properly reimbursable under the FAR; then, in the case of indirect costs, the Indirect Cost Rate shall be amended retroactively to reflect the actual allowable indirect costs incurred, and, in the case of both direct and indirect costs, the City of Fayetteville may offset, or McClelland Consulting Engineers, Inc. shall repay to City of Fayetteville, any overpayment. 5. RECORDS & AUDITS 5.1. Records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. 5.2. Examination. McClelland Consulting Engineers, Inc. shall maintain, and the City of Fayetteville, AHTD, FHWA, and their authorized representatives shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have been incurred or anticipated to be incurred in performance of this Agreement. This right of examination shall also include examination and audit of any records considered, relied upon, or relating to the determination of the Indirect Cost Rate or any certification thereof, including any CPA audit relied upon to establish the rate. This right of examination shall also include inspection at all reasonable times of McClelland Consulting Engineers, Inc.'s offices and facilities, or parts of them, engaged in performing the Agreement. 5.3. Supporting Data. If McClelland Consulting Engineers, Inc. has been required to submit data in connection with any action relating to this Agreement, including the negotiation of or pre -negotiation audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost reimbursement, request for payment, request for an adjustment, or assertion of a claim, the City of Fayetteville, AHTD, FHWA, or their authorized representatives, in order to evaluate the accuracy, completeness, and accuracy of the data, shall have the right to examine and audit all of McClelland Consulting Engineers, Inc.'s records, including computations and projections, related to — The determination or certification of the Indirect Cost Rate, including any independent CPA audit or certification thereof; • Any proposal for the Agreement, subcontract, or modification; • Discussions conducted on the proposal(s), including those related to negotiating; 1. • Fees or allowable costs under the Agreement, subcontract, or modification; • Performance of the Agreement, subcontract or modification; or, • The amount and basis of any claim or dispute. 5.4. Audit. The City of Fayetteville, AHTD, FHWA, or their authorized representatives, shall have access to and the right to examine any of McClelland Consulting Engineers, Inc.'s records involving transactions related to this Agreement or a subcontract hereunder. 5.5. Reports. If McClelland Consulting Engineers, Inc. is required to furnish cost, funding, or performance reports, the City of Fayetteville, AHTD, FHWA, or their authorized representatives shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of McClelland Consulting Engineers, Inc.'s policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported. 5.6. Availability. McClelland Consulting Engineers, Inc. shall retain and make available at its office at all reasonable times the records, materials, and other evidence described in this Section and Section 28, Disputes and Claims, for examination, audit, or reproduction, until five years after final payment under this Agreement, or for any longer period required by statute or by other clauses of this Agreement. In addition- 5.6.1. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be retained and made available for five years after the termination; and, 5.6.2. Records relating to any claim or dispute, or to litigation or the settlement of claims arising under or relating to this Agreement shall be retained and made available until after any such claims or litigation, including appeals, are finally resolved. 5.7. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 5.8. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, McClelland Consulting Engineers, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et.seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 6. DESCRIPTION OF THE PROJECT 6.1. The City of Fayetteville is planning to restore the historic Maple Street Bridge and Lafayette Street Bridge, including related approach work, and requires the professional services from McClelland Consulting Engineers, Inc. to perform a geotechnical evaluation, survey, environmental documentation, design, and engineering management services during construction. 6.2. It is the intention of the City of Fayetteville to restore both historic bridges to their original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States. 0 McClelland Consulting Engineers, Inc., and Horner & Shifrin, Inc. must comply with the National Park Service Secretary of the Interior Standards for Restorations and will be additionally under the direction, review and approval of the Arkansas Historic Preservation Program (AHPP), the State Historic Preservation Office (SHPO) and the National Historic Preservation Act of 1966 (NHPA) Section 106 review, to ensure that work performed on the two historic bridges is appropriate and will maintain the individual qualifying status of each property as it is listed on the National Register of Historic Places. 7. INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY MCCLELLAND CONSULTING ENGINEERS, INC. 7.1. Survey • Complete a detailed topographic, property, and utility survey as needed for design of the improvements as listed in Paragraph 6.1. Elevation control will be established using AHTD elevation procedures. 7.2. Geotechnical Investigation • Drill two borings adjacent to the rotated retaining wall located in the eastern approach of the Lafayette Street Bridge. • Obtain samples of the soil strata. • Obtain core samples of the underlying rock strata. • Perform laboratory tests for moisture content, classifications, unit weights, unconfined compression tests. • Interpret and evaluate geotechnical data for retaining wall design/rehabilitation and the pavement structure. • Perform two pavement cores on each bridge approach (8 total cores) to determine existing pavement section. • Take six concrete samples (cores) from each bridge deck and perform 30 chloride tests. • Perform chain drag testing on each bridge deck. The City of Fayetteville will be responsible for the removal of the asphalt on the bridge decks. • Complete Half -Cell Potential Test (2 Each if chloride content warrants). 7.3. Environmental Documentation • Environmental Data Collection - Preliminary environmental data associated with the proposed project area will be collected and assessed for the social, economic, and environmental impacts area, including: 1. Air Quality 2. Noise Quality 3. Hazardous Materials 4. Wetlands and Stream Impacts 5. Water Quality, including Public Drinking Supplies 6. Farmland 7. Land Use and Land Cover 8. Terrestrial and Aquatic Communities 9. Endangered Species 10. Economic 11. Community 12. Relocations of Homes and Businesses 13. Environmental Justice and Title VI 14. Recreational Areas 15. Archeological and Historic Sites 16. Visual 10 17. Section 4(f) 18. Secondary and Cumulative Impacts ■ Coordinate with relevant regulatory agencies as required (FEMA, USACOE, SHPO, ADEQ, USFWS and others) to resolve environmental issues and obtain perm its. • Environmental Constraints Map - All environmental data collected will be transferred to appropriately scaled aerial photographs to produce a map that indicates all known environmentally sensitive areas. • Prepare environmental document, including cultural resources clearance (Section 106 review) from the State Historic Preservation Office. A Tier 3 Categorical Exclusion is likely the required documentation. Include location studies and Section 4(f) evaluations if necessary. • Submit draft environmental document in electronic format for review by the City of Fayetteville and AHTD. • Perform alterations necessary to respond to comments made in the City of Fayetteville's and AHTD's reviews. • Submit final draft to the City of Fayetteville and AHTD for FHWA approval. • Prepare designated number of copies of environmental document after FHWA approval and distribute as directed. An electronic copy of the approved environmental document in pdf form will be provided to the AHTD. 7.4. Design • Prepare project design criteria and submit to AHTD for review before preliminary design work to obtain design exemptions where necessary to retain the original elements and design. Design exemptions will be based on coordination with the State Historic Preservation Office (SHPO). AHTD Standard Specifications for Highway Construction will be used. • Complete site visit for visual verification of previous bridge inspection. • Develop an engineering design for the, roadway approach improvements and associated utility relocations, as needed. Submit design plans for review by the City of Fayetteville and AHTD at the 30%, 60%, and 90% stages. Submit an updated cost estimate with each design review, include costs for utilities, railroad permits, railroad personnel & equipment, etc at applicable. o Maple Street Bridge Design Scope ■ Complete approach design ■ Coordinate non city owned utility relocations ■ Design city owned utility relocations/extensions. o Lafayette Street Bridge Design Scope ■ Complete approach design ■ Coordinate non city owned utility relocations ■ Design city owned utility relocations/extensions ■ Replace or repair leaning wall at SW corner of approach using original plans to replicate existing wall — Take design from Horner and Shifrin, Inc and develop construction drawings, • Prepare necessary exhibits, and attend all necessary public involvement meetings and public hearings (5 total). • Coordinate design and construction with franchise utility companies' relocations to assure adequate space for all facilities and timely relocations. • Coordinate with Railroad to obtain any permits necessary for the Contractor to perform the work. • Prepare final construction plans and specifications for the roadway approach improvements. Plans will be completed in both Microstation and AutoCAD formats. 11 Provide right of way acquisition documents and engineering services required for acquisition of rights of way and easements if needed. Provide a final set of signed and sealed roadway approach improvement drawings to AHTD Bridge Division for record purposes. When requested, clarify and technical issues that may arise from contractors preparing a bid, and provide written documentation to assist in issuing addenda, as needed. 8. INFORMATION TO BE PROVIDED BY THE CITY OF FAYETTEVILLE 8.1. The City of Fayetteville shall make available to McClelland Consulting Engineers, Inc. all technical data in the City of Fayetteville's possession, including laboratory tests, maps, surveys, borings, and other information required by McClelland Consulting Engineers, Inc. and relating to McClelland Consulting Engineers, Inc.'s work. 9. TITLE II SERVICES TO BE PROVIDED BY MCCLELLAND CONSULTING ENGINEERS INC. 9.1. Survey Control McClelland Consulting Engineers, Inc. shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the Contractor and McClelland Consulting Engineers, Inc. in performing verification surveys of construction layout. McClelland Consulting Engineers, Inc. shall (1) make and record such measurements as are necessary to calculate and document quantities for pay items; and (2) perform incidental engineering surveys as may be necessary to carry out the services covered by this agreement and to verify and confirm the accuracy of the Contractor's survey layout work. All survey work shall be performed under the supervision of a Surveyor registered in the State of Arkansas. 9.2. Engineering Management Services • Review of shop drawings and submittals, as requested. • Provide design related solutions to construction problems and issues that may arise during construction. • Assist the City of Fayetteville in preparing for any litigation or other action that may arise as a result of the Project. • McClelland Consulting Engineers, Inc. does not make any representation as to the legal sufficiency of contracts it helps to coordinate and the City of Fayetteville if solely responsible for determining that all contracts meet its legal requirements. • Prepare the SWPPP documents and plans, and insure that all requirements of ADEQ and the City of Fayetteville are met. 10. COORDINATION WITH CITY OF FAYETTEVILLE 10.1. Throughout the Project, McClelland Consulting Engineers, Inc. shall hold monthly conferences, if needed, in Fayetteville, Arkansas, or such other location as designated by the City of Fayetteville, with representatives of the City of Fayetteville, the AHTD, and the FHWA so that as the Project progresses, McClelland Consulting Engineers, Inc. shall have full benefit of the City of Fayetteville's knowledge of existing needs and facilities and be consistent with the City of Fayetteville's current policies and practices. iE The extent and character of the work to be done by McClelland Consulting Engineers, Inc. shall be subject to the general oversight and approval of the City of Fayetteville. 11. OFFICE LOCATION FOR REVIEW OF WORK 11.1. Review of the work as it progresses and all files and documents produced under this Agreement may be made by representatives of the City of Fayetteville, the AHTD, and the FHWA at the project office of McClelland Consulting Engineers, Inc. located in Fayetteville or Little Rock, Arkansas or at the regional offices of McClelland Consulting Engineers, Inc. located in N/A or McClelland Consulting Engineers, Inc.'s Arkansas office located at N/A. 12. ACCESS TO PROPERTY 12.1. McClelland Consulting Engineers, Inc.'s services to the City of Fayetteville may require entry upon private property. The City of Fayetteville will present or mail to private landowners a letter of introduction and explanation, describing the work, which shall be drafted by McClelland Consulting Engineers, Inc.. McClelland Consulting Engineers, Inc. will make reasonable attempts to notify resident landowners who are obvious and present when McClelland Consulting Engineers, Inc. is in the field. McClelland Consulting Engineers, Inc. is not expected to provide detailed contact with individual landowners. McClelland Consulting Engineers, Inc. is not expected to obtain entry by means other than the consent of the landowner. If McClelland Consulting Engineers, Inc. is denied entry to private property by the landowner, McClelland Consulting Engineers, Inc. will not enter the property. If denied entry to the property, McClelland Consulting Engineers, Inc. shall notify the City of Fayetteville and advise the City of Fayetteville of an alternate evaluation method if one is feasible. The City of Fayetteville shall decide on the course of action to obtain access to the property. 13. DELIVERABLES 13.1. Meeting minutes, correspondence, bi-weekly project estimates, materials testing reports, environmental documents, design submittals and survey data files for the project. At the close of the project, the records will be assembled in accordance with current City of Fayetteville and AHTD policies and submitted to the City of Fayetteville and AHTD for review and approval. 14. SUBCONTRACTING 14.1. Unless expressly disclosed in Appendix B, McClelland Consulting Engineers, Inc. may not subcontract any of the services to be provided herein without the express written approval of the City of Fayetteville. All subcontractors, including those listed in Appendix B, shall be bound by the terms of this Agreement. All subcontractors shall be subject to all contractual and legal restrictions concerning payment and determination of allowable costs, and subject to all disclosure and audit provisions contained herein and in any applicable federal or state law. 14.2. Unless the consent or approval specifically provides otherwise, neither consent by the City of Fayetteville to any subcontract nor approval of McClelland Consulting Engineers, Inc.'s purchasing system shall constitute a determination (1) of the acceptability of any subcontract terms or conditions, (2) of the acceptability of any subcontract price or of any amount paid under any subcontract, or (3) to relieve 13 McClelland Consulting Engineers, Inc. of any responsibility, obligation, or duty under this Agreement. 14.3. No subcontract placed under this Agreement shall provide for payment on a cost- plus -a -percentage -of -cost basis, and any fee payable under cost -reimbursement subcontracts shall not exceed the fee limitations of the FAR. 14.4. Furthermore, notwithstanding any other provision within this Agreement, no reimbursement or payment for any markup of the cost of any subcontract shall be considered by the City of Fayetteville without the express written agreement of the City of Fayetteville. 14.5. Prompt Payment. McClelland Consulting Engineers, Inc. shall pay subcontractors for satisfactory performance of their subcontracts within 30 days of receipt of each payment by the City of Fayetteville to McClelland Consulting Engineers, Inc.. Any retainage payments held by McClelland Consulting Engineers, Inc. must be returned to the subcontractor within 30 days after the subcontractor's work is completed. Failure to comply with this provision shall be considered a Default by McClelland Consulting Engineers, Inc.. If McClelland Consulting Engineers, Inc. fails to comply with this provision, in addition to any other rights or remedies provided under this Agreement, the City of Fayetteville, at its sole option and discretion, may: • make payments directly to the subcontractor and offset such payments, along with any administrative costs incurred by the City of Fayetteville, against reimbursements or payments otherwise due McClelland Consulting Engineers, Inc.; • notify any sureties; and/or, • withhold any or all reimbursements or payments otherwise due to McClelland Consulting Engineers, Inc. until McClelland Consulting Engineers, Inc. ensures that the subcontractors have been and will be promptly paid for work performed. 14.6. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 15. RESPONSIBILITY OF MCCLELLAND CONSULTING ENGINEERS INC. 15.1. Notwithstanding any review, approval, acceptance, or payment by the City of Fayetteville, McClelland Consulting Engineers, Inc. shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by McClelland Consulting Engineers, Inc. under this Agreement. McClelland Consulting Engineers, Inc. shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. 15.2. McClelland Consulting Engineers, Inc. shall demonstrate to the City of Fayetteville the presence and implementation of quality assurance in the performance of McClelland Consulting Engineers, Inc.'s work. McClelland Consulting Engineers, Inc. shall identify individual(s) responsible, as well as methods used to determine the completeness and accuracy of drawings, specifications, and cost estimates. 15.3. McClelland Consulting Engineers, Inc. further agrees that in its performance of work under this Agreement, it shall adhere to the requirements in the Design Standards of the AHTD and FHWA, which shall be incorporated herein by reference. 14 15.4. The City of Fayetteville shall have the right at any time and in its sole discretion to submit for review all or any portion of McClelland Consulting Engineers, Inc.'s work to consulting engineers engaged by the City of Fayetteville for that purpose. McClelland Consulting Engineers, Inc. shall fully cooperate with any such review. 15.5. McClelland Consulting Engineers, Inc. and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. 15.6. Neither the City of Fayetteville's review, approval, or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. McClelland Consulting Engineers, Inc. shall be and remain liable to the City of Fayetteville for all damages to the City of Fayetteville caused by McClelland Consulting Engineers, Inc.'s negligent performance of any of the services furnished under this Agreement. 15.7. The rights and remedies of the City of Fayetteville provided under this Agreement are in addition to any other rights and remedies provided by law. 15.8. If McClelland Consulting Engineers, Inc. is comprised of more than one legal entity, each such entity shalt be jointly and severally liable hereunder. 16. WARRANTY OF SERVICES 16.1. Definitions. Acceptance, as used in this Agreement, means the act of an authorized representative of the City of Fayetteville by which the City of Fayetteville approves specific services, as partial or complete performance of the Agreement. Correction, as used in this Agreement, means the elimination of a defect. 16.2. Notwithstanding inspection and acceptance by the City of Fayetteville or any provision concerning the conclusiveness thereof, McClelland Consulting Engineers, Inc. warrants that all services performed and work product under this Agreement will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this Agreement. 16.3. If McClelland Consulting Engineers, Inc. is required to correct or re -perform, it shall be at no cost to the City of Fayetteville, and any services corrected or re -performed by McClelland Consulting Engineers, Inc. shall be subject to this Section to the same extent as work initially performed. If McClelland Consulting Engineers, Inc. fails or refuses to correct or re -perform, the City of Fayetteville may, by contract or otherwise, correct or replace with similar services and charge to McClelland Consulting Engineers, Inc. the cost occasioned to the City of Fayetteville thereby, or make an equitable adjustment in the Contract Price. 16.4. If the City of Fayetteville does not require correction or re -performance, the City of Fayetteville shall make an equitable adjustment in the Contract Price. 16.5. Nothing within this Section shall constitute a waiver or exclusion of any other right or remedy that the City of Fayetteville may possess at law or under this Agreement. 17. TERM COMMENCEMENT AND COMPLETION 17.1. This Agreement shall commence on the effective date set forth above and remain in effect until the completion of McClelland Consulting Engineers, Inc.'s Scope of Services, 15 as defined herein, to be completed within a period of nine (9) months, unless extended or terminated by the City of Fayetteville in accordance with this Agreement. 17.2. McClelland Consulting Engineers, Inc. shall begin work under the terms of this Agreement within ten (10) days of receiving written notice to proceed. [If services are to be performed in subsequent phases, then each phase shall be commenced upon the City of Fayetteville's approval of the previous phase. McClelland Consulting Engineers, Inc. shall not be entitled to any compensation or reimbursement for services performed in a phase unless and until it has received approval from the City of Fayetteville to proceed with such services.] 17.3. It is further agreed that time is of the essence in performance of this Agreement. McClelland Consulting Engineers, Inc. shall complete the work, or each phase, as scheduled, and the City of Fayetteville shall provide any required approval of the work or phase meeting the requirements contained herein in a reasonable and timely manner. The Project shall be completed as follows: Topographic Survey Environmental Documentation Geotech n ical Investigation Submit 30% Design for Review/Comment Submit 60% Design for Review/Comment Submit 90% Design for Review/Comment Submit 100% Design for Review/Approval 18. TERMINATION 6 weeks from notice to proceed 16 weeks from notice to proceed 6 weeks from notice to proceed 13 weeks from notice to proceed 4 weeks from 30% approval 11 weeks from 60% approval 7 weeks from 90% approval 18.1. The City of Fayetteville may terminate this Agreement in whole or, from time to time, in part, for the City of Fayetteville's convenience or because of the Default of McClelland Consulting Engineers, Inc.. 18.2. The City of Fayetteville shall terminate this Agreement by delivering to McClelland Consulting Engineers, Inc. written notice of the termination. 18.3. Upon receipt of the notice, McClelland Consulting Engineers, Inc. shall: • Immediately discontinue all services affected (unless the notice directs otherwise). • Deliver to the City of Fayetteville all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Agreement, whether completed or in process. • Terminate all subcontracts to the extent they relate to the work terminated. • In the sole discretion and option of the City of Fayetteville, and if and only if requested to do so, assign to the City of Fayetteville all right, title, and interest of McClelland Consulting Engineers, Inc. under the subcontracts terminated, in which case the City of Fayetteville shall have the right to settle any claim or dispute arising out of those subcontracts without waiver of any right or claim the City of Fayetteville may possess against McClelland Consulting Engineers, Inc.. • With approval or ratification by the City of Fayetteville, settle all outstanding liabilities arising from the termination of subcontracts, the cost of which would be allowable in whole or in part, under this Agreement. 16 • Complete performance of any work not terminated. • Take any action that may be necessary, or that the City of Fayetteville may direct, for the protection and preservation of the property related to this Agreement which is in the possession of McClelland Consulting Engineers, Inc. and in which the City of Fayetteville has or may acquire an interest. 18.4. If the termination is for the convenience of the City of Fayetteville, the City of Fayetteville shall make an equitable adjustment in the Contract Price, subject to the Ceiling Prices and Funding Limitations provisions, but shall allow no anticipated fee or profit on unperformed services. 18.5. If the termination is for McClelland Consulting Engineers, Inc.'s Default, the City of Fayetteville may complete the work by contract or otherwise and McClelland Consulting Engineers, Inc. shall be liable for any reasonable and necessary additional cost incurred by the City of Fayetteville to the extent caused by McClelland Consulting Engineers, Inc.'s default. 18.6. Disputes and claims arising from termination of this Agreement shall be governed by Section 28, Claims and Disputes (48 CFR 31.205-42(e) (2)). 18.7. The rights and remedies of the City of Fayetteville provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. 19. STOP WORK ORDERS 19.1. The City of Fayetteville may, at any time, by written order to McClelland Consulting Engineers, Inc., require McClelland Consulting Engineers, Inc. to stop all, or any part, of the work called for by this Agreement for a period of up to 90 days after the order is delivered to McClelland Consulting Engineers, Inc., and for any further period to which the parties may agree. Upon receipt of the order, McClelland Consulting Engineers, Inc. shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop work order is delivered to McClelland Consulting Engineers, Inc., or within any extension of that period to which the parties shall have agreed, the City of Fayetteville shall either- 19.1.1. Cancel the stop work order; or 19.1.2. Terminate the work pursuant to Section 18, Termination. 19.2. If a stop work order issued under this Section is canceled or the period of the order or any extension thereof expires, McClelland Consulting Engineers, Inc. shall resume work. The City of Fayetteville shall make an equitable adjustment in the delivery schedule or Contract Price, or both, and the Agreement shall be modified in writing accordingly, if — The stop work order was not issued because of McClelland Consulting Engineers, Inc.'s Default in its performance of its obligations under any part of this Agreement; and, • The stop work order results in an increase in the time required for, or in McClelland Consulting Engineers, Inc.'s cost properly allocable to, the performance of any part of this Agreement; and, 17 • McClelland Consulting Engineers, Inc. provides Notice of Potential Claim pursuant to Section 28, Disputes and Claims. 20. CHANGES 20.1. The City of Fayetteville may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this Agreement, including but not limited to: (1) drawings, designs, or specifications; (2) time of performance (i.e., hours of the day, days of the week, etc.); and (3) places of inspection, delivery, or acceptance. 20.2. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this Agreement, whether or not changed by the order, the City of Fayetteville shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both; (2) amount of any fee; and (3) other affected terms. 20.3. All claims and disputes shall be governed by the Section 28, Claims and Disputes. As provided in Section 28, McClelland Consulting Engineers, Inc. must provide written notice of its intention to make a claim for additional compensation before beginning the work on which the claim is based. If such notice is not given, McClelland Consulting Engineers, Inc. hereby agrees to waive any claim for such additional compensation. 20.4. Failure to agree to any adjustment shall be a dispute under Section 28, Disputes and Claims. However, nothing in this Section or any other provision of this Agreement shall excuse McClelland Consulting Engineers, Inc. from proceeding with the Agreement as changed. 21. OWNERSHIP OF DOCUMENTS & DATA 21.1. All project documents and data, regardless of form and including but not limited to original drawings, disks of CADD drawings, cross -sections, estimates, files, field notes, and data, shall be the property of the City of Fayetteville. McClelland Consulting Engineers, Inc. shall further provide all documents and data to the City of Fayetteville upon the City of Fayetteville's request. McClelland Consulting Engineers, Inc. may retain reproduced copies of drawings and other documents. In the event that any patent rights or copyrights are created in any of the documents, data compilations, or any other work product, the City of Fayetteville shall have an irrevocable license to use such documents, or data compilations, or work product. 22. PATENT AND COPYRIGHT INFRINGEMENT 22.1. McClelland Consulting Engineers, Inc. shall report to the City of Fayetteville, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this Agreement of which McClelland Consulting Engineers, Inc. has knowledge. 22.2. In the event of any claim or suit against the City of Fayetteville on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any supplies furnished or work or services performed under this Agreement, McClelland Consulting Engineers, Inc. shall furnish to the City of Fayetteville, when requested by the City of Fayetteville, all evidence and information in possession of McClelland Consulting Engineers, Inc. pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of McClelland Consulting Engineers, Inc.. 22.3. McClelland Consulting Engineers, Inc. agrees to include, and require inclusion of, the provisions of this Section in all subcontracts at any tier for supplies or services. 22.4. McClelland Consulting Engineers, Inc. shall indemnify the City of Fayetteville and its officers, agents; and employees against liability, including costs and attorneys' fees, for infringement of any United States patent or copyright arising from the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Agreement, or out of the use or disposal by or for the account of the City of Fayetteville of such supplies or construction work. 22.5. This indemnity shall not apply unless McClelland Consulting Engineers, Inc. shall have been informed within ten (10) business days following the City of Fayetteville's receipt of legal notice of any suit alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to (1) an infringement resulting from compliance with specific written instructions of the City of Fayetteville directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the Agreement not normally used by McClelland Consulting Engineers, Inc., (2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or (3) a claimed infringement that is unreasonably settled without the consent of McClelland Consulting Engineers, Inc., unless required by final decree of a court of competent jurisdiction. 23. BANKRUPTCY 23.1. In the event McClelland Consulting Engineers, Inc. enters into proceedings relating to bankruptcy, whether voluntary or involuntary, McClelland Consulting Engineers, Inc. agrees to furnish, by certified mail, written notice of the bankruptcy to the City of Fayetteville. This notice shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notice shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of AHTD job numbers and FAP numbers for all contracts with City of Fayetteville against which final payment has not been made. This obligation remains in effect until final payment under this Agreement. 24. FUNDING LIMITATIONS 24.1. The City of Fayetteville's obligations under this Agreement are contingent upon the availability of appropriated funds from which payments under the terms of this Agreement can be made in this and each subsequent fiscal year for the duration of the Agreement. No legal liability on the part of the City of Fayetteville of any kind whatsoever under this Agreement shall arise until funds are made available to the City of Fayetteville for performance of this Agreement, including those to be appropriated and provided by the State of Arkansas and those to be provided by the United States. 19 25. SUCCESSORS AND ASSIGNS 25.1. This Agreement shall be binding upon the parties and their successors and assigns, and except as expressly set forth herein, neither the City of Fayetteville nor McClelland Consulting Engineers, Inc. may assign, delegate, or transfer any benefit or obligation under this Agreement without the express written consent of the other party. Nothing herein shall be construed as a waiver of any immunity or as creating any personal liability on the part of any officer or agent of the City of Fayetteville or any other governmental entity either made a party to, or having any interest in, this Agreement. 26. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY 26.1. Indemnity. McClelland Consulting Engineers, Inc. shall hold harmless and indemnify the City of Fayetteville and the AHTD, their officers, employees, and agents, from and for all claims and liabilities stemming from any wrongful (whether negligent, reckless, or intentional) acts or omissions on the part of McClelland Consulting Engineers, Inc. and its subcontractors, and their agents and employees. 26.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or representative of the City of Fayetteville or the AHTD shall be liable to McClelland Consulting Engineers, Inc. in a personal or individual capacity under any term of this Agreement, because of any breach thereof, or for any act or omission in its execution or performance. 26.3. Independent Contractor Relationship. The parties intend that McClelland Consulting Engineers, Inc. shall be an independent contractor of the City of Fayetteville and that McClelland Consulting Engineers, Inc. shall be liable for any act or omission of McClelland Consulting Engineers, Inc. or its agents, employees, or subcontractors arising under or occurring during the performance of this Agreement. No act or direction of the City of Fayetteville shall be deemed to be an exercise of supervision or control of McClelland Consulting Engineers, Inc.'s performance. 27. INSURANCE 27.1. Professional Liability Insurance Coverage. McClelland Consulting Engineers, Inc. shall maintain at all times during the performance of services under this Agreement professional liability insurance coverage for errors, omissions, and negligent acts arising out of the performance of this Agreement in an amount per claim of not less than five (5) times the original Contract Ceiling Price or $1,000,000, whichever is less. Such insurance shall extend to McClelland Consulting Engineers, Inc. and to its legal representatives in the event of death, dissolution, or bankruptcy, and shall cover the errors, omissions, or negligent acts of McClelland Consulting Engineers, Inc.'s subcontractors, agents, and employees. Such insurance shall extend to any errors, omissions, and negligent acts in the performance of services under this Agreement committed by McClelland Consulting Engineers, Inc. or alleged to have been committed by McClelland Consulting Engineers, Inc. or any person for whom McClelland Consulting Engineers, Inc. is legally responsible. 27.2. Deductible. McClelland Consulting Engineers, Inc. may maintain a professional liability insurance policy with a deductible clause in an amount approved by the City of Fayetteville if, in the judgment and opinion of the City of Fayetteville, McClelland Consulting Engineers, Inc.'s financial resources are sufficient to adequately cover possible liability in the amount of the deductible. McClelland Consulting Engineers, Inc. shall submit promptly to the City of Fayetteville, upon request as often as quarterly, 20 detailed financial statements and any other information requested by the City of Fayetteville to reasonably determine whether or not McClelland Consulting Engineers, Inc.'s financial resources are sufficient to adequately cover possible liability in the amount of the deductible. 27.3. Worker's Compensation Insurance. McClelland Consulting Engineers, Inc. shall at all times during the Term of this Agreement maintain Worker's Compensation and Employers Liability Insurance as required under Arkansas law. 27.4. General Liability Insurance. McClelland Consulting Engineers, Inc. shall at all times during the term of this Agreement maintain comprehensive general liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000, and comprehensive automobile liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000, which shall cover all owned, hired, and non -owned vehicles. McClelland Consulting Engineers, Inc.'s insurance coverage shall also cover restoration of plans, drawings, field notes, and other documents in the event of their loss or destruction while in the custody of McClelland Consulting Engineers, Inc.. 27.5. Insurance Policies and Certificates. McClelland Consulting Engineers, Inc. shall provide the City of Fayetteville upon request copies of its insurance policies and evidence satisfactory to the City of Fayetteville concerning the effectiveness and the specific terms of the insurance. Prior to the execution of this Agreement, McClelland Consulting Engineers, Inc. shall furnish to the City of Fayetteville certificates of insurance reflecting policies in force, and it shall also provide certificates evidencing all renewals of any expiring insurance policy required hereunder within thirty (30) days of the expiration thereof. McClelland Consulting Engineers, Inc.'s failure to provide and continue in force and effect any insurance required under this Article shall be deemed a Default for which City of Fayetteville, in its sole discretion, may terminate this Agreement immediately or on such other terms as it sees fit. 27.6. Additional Insurance Requirements. All insurance maintained by McClelland Consulting Engineers, Inc. pursuant to this Section shall be written by insurance companies licensed to do business in Arkansas, in form and substance satisfactory to the City of Fayetteville, and shall provide that the insurance will not be subject to cancellation, termination, or change during its term except upon thirty (30) days prior written notice to the City of Fayetteville. 27.7. Duration of Insurance Obligations. McClelland Consulting Engineers, Inc. shall maintain its professional insurance coverage required under this Agreement in force and effect for a period not less than five years after the final acceptance of the project or the completion of McClelland Consulting Engineers, Inc.'s services under this Agreement, whichever comes later. Comprehensive General Liability Insurance Coverage required under this Agreement shall be in full force and effect until the final acceptance or the completion of McClelland Consulting Engineers, Inc.'s services, whichever comes later. All other insurance shall be maintained in full force and effect until final acceptance of the project or completion of McClelland Consulting Engineers, Inc.'s services, whichever comes first. 27.8. McClelland Consulting Engineers, Inc.'s Insurance Primary. All insurance policies maintained by McClelland Consulting Engineers, Inc. pursuant to this Agreement shall provide that McClelland Consulting Engineers, Inc.'s insurance shall be primary and the City of Fayetteville's own insurance shall be non-contributing. 27.9. Additional Insured. All liability insurance policies, except the professional liability policy, maintained by McClelland Consulting Engineers, Inc. pursuant to this Agreement 21 shall be endorsed to include the City of Fayetteville, its officers, directors, managers, employees, agents, assigns and representatives, individually and collectively, as additional insured, and all property damage insurance shall be endorsed with a waiver of subrogation by the insurer as to the City of Fayetteville. 28. DISPUTES AND CLAIMS 28.1. Notice of Potential Claim. Whenever a McClelland Consulting Engineers, Inc. deems that any additional compensation is due, McClelland Consulting Engineers, Inc. shall notify the City of Fayetteville in writing of its intention to make a claim for additional compensation ("Notice of Potential Claim") before beginning the work that gives rise to the claim. 28.2. Time & Manner for Submitting Claim. All disputes and claims shall first be submitted in writing to the City of Fayetteville within 45 calendar days after the completion or termination date. McClelland Consulting Engineers, Inc. hereby agrees that the failure to submit the dispute or claim to the City of Fayetteville prior to 45 calendar days after the completion or termination date shall constitute a waiver of the dispute or claim. 28.3. Form. All disputes and claims must be submitted in writing and in sufficient detail to permit the City of Fayetteville to determine the basis for entitlement and the actual allowable costs incurred. Each claim must contain: • A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected by the claim; • The date the actions resulting in the claim occurred or conditions resulting in the claim became evident; • A copy of the "Notice of Potential Claim'; • The name, title, and activity of each City of Fayetteville's employee knowledgeable about facts that gave rise to such claim; • The name, title, and activity of each McClelland Consulting Engineers, Inc., Subcontractor, or employee knowledgeable about the facts that gave rise to the claim; • The specific provisions of the Agreement that support the claim and a statement why such provisions support the claim; • The identification and substance of any relevant documents, things, or oral communications related to the claim; • A statement whether the claim is based on provisions of the Agreement or an alleged breach of the Agreement; • If an extension of time is sought, the specific number of days sought and the basis for the extension; • The amount of additional compensation sought and a specific cost breakdown of the amount claimed; and, 22 • Any other information or documents that are relevant to the claim. 28.4. Decision and Appeal. The decision of the City of Fayetteville shall be final and conclusive. 28.5. Continued Performance. Pending final resolution of a dispute or claim, unless the City of Fayetteville has terminated this Agreement pursuant to Section 18 or issued a stop work order pursuant to Section 19, McClelland Consulting Engineers, Inc. shall proceed diligently with the performance of this Agreement in accordance with the City of Fayetteville's decisions. 28.6. The rights and remedies of the City of Fayetteville provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. If the City of Fayetteville decides the facts justify the action, the City of Fayetteville may, at its sole option and discretion, receive and act upon a proposal, dispute, or claim submitted at any time before final payment under this Agreement. 29. COVENANT AGAINST CONTINGENCY FEES 29.1. McClelland Consulting Engineers, Inc. warrants that no person or agency has been employed or retained to solicit or obtain this Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the City of Fayetteville shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration, or otherwise recover, the full amount of the contingent fee. 29.2. Bona fide agency, as used in this Section, means an established commercial or selling agency, maintained by McClelland Consulting Engineers, Inc. for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence. 29.3. Bona fide employee, as used in this Section, means a person, employed by McClelland Consulting Engineers, Inc. and subject to McClelland Consulting Engineers, Inc.'s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence. 29.4. Contingent fee, as used in this Section, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. 29.5. Improper influence, as used in this Section, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter. 30. TITLE VI ASSURANCES (NONDISCRIMINATION) During the performance of this Agreement, McClelland Consulting Engineers, Inc., for itself, successors, and assigns, certifies and agrees as follows: 23 30.1. Compliance with Regulations. McClelland Consulting Engineers, Inc. shall comply with the Regulations relative to Title VI (Nondiscrimination in Federally -assisted programs of the Department of Transportation and its operating elements, especially Title 49, Code of Federal Regulations, Part 21 and 23 Code of Federal Regulations, as amended, and hereinafter referred to as the Regulations). These regulations are herein incorporated by reference and made a part of this Agreement. Title VI provides that the recipients of Federal financial assistance will maintain and implement a policy of nondiscrimination in which no person shall, on the basis of race, color, national origin, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by recipients of Federal financial assistance or their assignees and successors in interest. 30.2. Nondiscrimination. McClelland Consulting Engineers, Inc., with regard to the work performed by it during the term of this Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. McClelland Consulting Engineers, Inc. shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the USDOT Regulations. 30.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all solicitations, either by competitive bidding or negotiation, made by McClelland Consulting Engineers, Inc. for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by McClelland Consulting Engineers, Inc. of McClelland Consulting Engineers, Inc.'s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, or disability. 30.4. Information and Reports. McClelland Consulting Engineers, Inc. shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities by the City of Fayetteville, the AHTD, or the USDOT and its Affiliated Modes to be pertinent to ascertain compliance with such regulations or directives. Where any information required of McClelland Consulting Engineers, Inc. is in the exclusive possession of another who fails or refuses to furnish this information, McClelland Consulting Engineers, Inc. shall so certify to the City of Fayetteville, the AHTD or the FHWA, as appropriate, and shall set forth what efforts it has made by McClelland Consulting Engineers, Inc. to obtain the information. 30.5. Sanctions for Noncompliance. In the event of McClelland Consulting Engineers, Inc.'s noncompliance with the nondiscrimination provisions of this Agreement, the City of Fayetteville shall impose such contract sanctions as it, the AHTD, or the USDOT and its Affiliated Modes may determine to be appropriate, including but not limited to, withholding of payments to McClelland Consulting Engineers, Inc. under the Agreement until McClelland Consulting Engineers, Inc. complies with the provisions and cancellation, termination, or suspension of the Agreement, in whole or in part. 30.6. Incorporation of Provisions. McClelland Consulting Engineers, Inc. shall include the terms and conditions of this section in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. McClelland Consulting Engineers, Inc. shall take such action with respect to any subcontract or procurement as the City of Fayetteville, the AHTD, or USDOT and its Affiliated Modes may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, however that, in the event 24 McClelland Consulting Engineers, Inc. becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, McClelland Consulting Engineers, Inc. may request the City of Fayetteville to enter into the litigation to protect the interests of the State and litigation to protect the interest of the United States. 31. DBE CLAUSE 31.1. McClelland Consulting Engineers, Inc. or subcontractor shall not discriminate on the basis of race, color, national origin, sex, age, religion, or disability in the performance of this Agreement. McClelland Consulting Engineers, Inc. shall comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions necessary to maintain compliance in the award and administration of DOT -assisted contracts. Failure by McClelland Consulting Engineers, Inc. to comply with or perform these requirements is a material breach of this Agreement, which may result in the cancellation, termination, or suspension of this Agreement in whole or in part, or such other remedy that the City of Fayetteville may determine appropriate. 31.2. McClelland Consulting Engineers, Inc. shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 32. TITLE II OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION) 32.1 McClelland Consulting Engineers, Inc. will comply with the provisions of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. 32.2 McClelland Consulting Engineers, Inc., during the term of this Agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion or disability, in admission or access to and treatment in programs and activities associated with this Agreement, or in the selection and retention of subcontractors, including procurement of material and leases of equipment. McClelland Consulting Engineers, Inc. shall not participate either directly or indirectly in any discrimination prohibited by the Regulations, including employment practices. 32.3 In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the City of Fayetteville's Notice of Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets, brochures, and any other publications associated with this Agreement that are made available to the public, program participants, applicants or employees. 33. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS 33.1. McClelland Consulting Engineers, Inc. certifies, to the best of its knowledge and belief, that- 33.1.1. McClelland Consulting Engineers, Inc. and any of its Principals- 33.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal or state agency; 25 33.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 33.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in Subsection 33.1.1.2; and, 33.1.1.4. McClelland Consulting Engineers, Inc. has not within a 3-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency. 33.2. Principals, for the purposes of this certification, means officers; directors; City of Fayettevilles; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18, United States Code, as well as any other applicable federal and state laws. 33.3. McClelland Consulting Engineers, Inc. shall provide immediate written notice to the City of Fayetteville if, at any time prior to contract award, McClelland Consulting Engineers, Inc. learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The certification in Subsection 33.1 is a material representation of fact upon which reliance was placed when making award. If it is later determined that McClelland Consulting Engineers, Inc. knowingly rendered an erroneous certification, the City of Fayetteville may terminate the contract resulting from this solicitation for default in addition to any other remedies available to the City of Fayetteville. 34. MISCELLANEOUS 34.1. General Compliance with Laws. McClelland Consulting Engineers, Inc. shall comply with all Federal, State, and local laws, regulations, and ordinances applicable to the work, including but not limited to, the Americans with Disabilities Act and Occupational Safety and Health Act as amended. 34.2. Registered Professional Engineer's Endorsement. All plans, specifications, estimates, and engineering data provided by McClelland Consulting Engineers, Inc. shall be endorsed and recommended by an authorized representative of McClelland Consulting Engineers, Inc., who shall be a registered Professional Engineer licensed in the State of Arkansas. 34.3. Choice of Law. This Agreement shall be governed by the laws of the State of Arkansas without consideration of its choice of law provisions. 34.4. Choice of Forum. McClelland Consulting Engineers, Inc. agrees that any cause of action stemming from or related to this Agreement, including but not limited to disputes or claims arising under this Agreement, for acts or omissions in the performance, 26 suspension, or termination of this Agreement, whether sounding in contract or tort, equity or law, may only be brought in the appropriate forum within State of Arkansas. 34.5. No Waiver of Immunity. The City of Fayetteville expressly does not waive any defense of immunity that it may possess under either federal or state law, and no provision in this Agreement shall be construed to constitute such a waiver in whole or in part. 34.6. Conflicts Between Laws, Regulations, and Provisions. 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, State law and regulations, Department and FHWA Design Standards, and this Agreement. 34.7. Severability. If any term or condition of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, all remaining terms of this Agreement shall remain valid and enforceable unless one or both of the parties would be materially prejudiced. 34.8. No -Waiver. The failure of the City of Fayetteville to strictly enforce any term of this Agreement shall not be construed as a waiver of the City of Fayetteville's right to require McClelland Consulting Engineers, Inc.'s subsequent performance of the same or similar obligation or duty. 34.9. Modification and Merger. This written Agreement and any provisions incorporated by reference reflect the entire agreement of the parties and may be modified only by the express written agreement of both parties. 35. CERTIFICATION OF AUTHORIZED REPRESENTATIVES 35.1. This Agreement and the certifications contained herein or attached hereto constitute the whole Agreement of the parties, and each party certifies that this Agreement and any attached certification have been executed by their duly authorized representatives. 27 36. NOTICE 36.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be addressed to either the City of Fayetteville's Representative or McClelland Consulting Engineers, Inc.'s Representative, and mailed or hand -delivered to: 36.1.1. To the City of Fayetteville's Representative: City of Fayetteville 113 West Mountain Fayetteville, AR 72701 36.1.2. To McClelland Consulting Engineers, Inc.: McClelland Consulting Engineers, Inc. 1810 North College Avenue P.O. Box 1229 Fayetteville, AR 72703/72702-1229 IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out above. McClelland Consulting Engineers, Inc. BY: Name Title City of Fay ttevill kansas BY: ..�.� am tle 28 APPENDICES APPENDIX A JUSTIFICATION OF FEES AND COSTS APPENDIX B SUBCONTRACTS — Horner & Shifrin, Inc. APPENDIX C STANDARD CERTIFICATIONS APPENDIX D GENERAL AND DETAILED SCOPE OF WORK FOR CONTROL SURVEYS, DESIGN SURVEYS, AND LAND SURVEYS — ce Appendix A - Manhour Estimate Summary Sheet Maple Street Bridge 01940 Bridge Replacement Lafayette Street Bridge 01941 Bridge Replacement Maple Street Tale 1 Professional Services Direct Labor Costs Topographic Survey $ 8,171.70 Boundary Survey and Easement Preparation $ 6,674.94 Geotechnicallnvestigation $ 4,342.85 Environmental Services $ 2,427.63 Design Services $ 12,035.27 Bid Services $ 585.33 Sub Total Labor Costs $ 34,237.72 Other Direct Costs Drilling and Lab Testing $ 6,760.00 Environmental Consultant $ 5,000.00 Design Consultant - Horner & Shifrin, Inc. - Rehab Option $ 53,330.41 Design Consultant - Horner & Shifrin, Inc. - Slab Replacement & Analysis $ 20,548.49 Sub Total Direct Costs $ 85,638.90 Total Maple Street Title I Professional Services $ 119,876.62 Lafaye'„tte Street Title4-Pr OWServices , Direct Labor Costs Topographic Survey $ 8,171.70 Boundary Survey and Easement Preparation $ 6,674.94 Geotechnicallnvestigation $ 4,363.55 Environmental Services $ 2,427.63 Design Services $ 16,751.68 Bid Services $ 585.33 Sub Total Labor Costs $ 38,974.83 Other Direct Costs Drilling and Lab Testing $ 9,655.00 Environmental Consultant $ 5,000.00 Design Consultant - Horner & Shifrin, Inc. - Rehab Option $ 62,367.31 Design Consultant - Horner & Shifrin, Inc. - Slab Replacement & Analysis $ 14,170.50 Sub Total Direct Costs $ 91,192.81 Total Lafayette Street Title I Professional Services $ 130,167.64 Lafayet#e Street and Maple Street Title 11 Professlonal Services u Direct Labor Costs Survey Control $ 7,682.88 Engineering Management Services $ 7,480.95 Sub Total Labor Costs $ 15,163.83 Other Direct Costs GPS Survey Equipment $ 400.00 Mileage $ 25.50 Design Consultant - Horner & Shifrin, Inc. $ 13,411.96 Sub Total Direct Costs $ 13,837.46 Total Lafayette Street and Maple Street Title II Professional Services $ 29,001.29 Page 1 of 15 Appendix A - Title I Services - Consultant Topographic Survey Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Topographic Survey Direct Labor Costs -Estimated U axlmum, M_ Job Classification Hours Labor Rate, , Registered Land Surveyor 20 $ 32.00 $ 640.00 Field Survey (1 Man or Robotic) 24 $ 24.00 $ 576.00 Survey Technican 50 $ 27.00 $ 1,350.00 Clerical 0 $ 20.00 $ - $ Total Labor Hours 94 Subtotal Raw Labor $ 2,566.00 Forward Pricing 0.00% $ - Total Direct Salary $ 2,566.00 Overhead Rate - 184.34% $ 4,730.16 Subtotal Labor Plus Overhead $ 7,296.16 Professional Fee $ 875.54 Total Labor Costs $ 8,171.70 Detailed Other Direct Costs Number of, r Units Postage/Courier Postage oz. $ 0.44 $ Courier FedEX ea. $ 21.00 $ Communications - Long Distance & Conference Calls $ $ Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - CADD Time 0 hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees 0 ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment hrs. 1 $ 50.00 $ - Total Other Direct Costs $ - TOTAL COST $ 8,171.70 age z o Appendix A - Title I Services - Consultant Topographic Survey Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Topographic Survey Direct Labor Costs Estimated Maximum Joli Classification `Hours., Latior Rate ... „ Registered Land Surveyor 20 $ 32.00 $ 640.00 Field Survey (1 Man or Robotic) 24 $ 24.00 $ 576.00 Survey Technican 50 $ 27.00 $ 1,350.00 Clerical 0 $ 20.00 $ - $ Total Labor Hours 94 Subtotal Raw Labor $ 2,566.00 Forward Pricing 0,00% $ - Total Direct Salary $ 2,566.00 Overhead Rate - 184.34% $ 4,730.16 Subtotal Labor Plus Overhead $ 7,296.16 Professional Fee $ 875.54 Total Labor Costs $ 8,171.70 Detailed Other Direct Costs Number of . :. Units Postage/Courier Postage oz. $ 0.44 $ Courier FedEX ea. $ 21.00 $ Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ Mileage mi. $ 0.51 $ Lodging day $ 76.00 $ Food day $ 39.00 $ Incidentals day $ 5.00 $ Printing/Reproduction $ 8.5x11 Black & White ea. $ 0.05 $ 8.5x11 Color ea. $ 0.25 $ 11x17 Black & White ea. $ 0.10 $ 11x17 Color ea. $ 1.00 $ Black & White Card Stock ea. $ 0.25 $ Color Card Stock ea. $ 0.85 $ Black & White Printing s.f. $ 0.09 $ Color Printing s.f. $ 1.00 $ Black & White Scanning s.f. $ 0.35 $ Color Scanning s.f. $ 5.00 $ Mounting Boards (3/16") s.f. $ 3.00 $ Laminating (Large Scale) s.f. $ 1.50 $ Binding ea. $ 2.00 $ Other Direct Costs $ CADD Time hrs. $ 17.00 $ AHTD Permit Review Fees Lump Sum $ SWPPP (City & State) Lump Sum $ Railroad Permit(s) Lump Sum $ County Filing Fees ea. $ 20.00 $ Robotic Total Station hrs. $ 50.00 $ GPS Survey Equipment hrs. 1 $ 50.00 1 $ Total Other Direct Costs $ - TOTAL COST $ 8,171.70 age s o Appendix A - Title I Services - Consultant Boundary Survey & Easement Preparation Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Boundary Survey and Easement Preparation Direct Labor Costs Estimated Maximum %s Job Glassificatibn Hours „Lator Rate Registered Land Surveyor 40 $ 32.00 $ 1,280.00 Field Survey (1 Man or Robotic) 16 $ 24.00 $ 384.00 Survey Technican 16 $ 27.00 $ 432.00 Clerical 0 $ 20.00 $ - $ Total Labor Hours 72 Subtotal Raw Labor $ 2,096.00 Forward Pricing 0.00% $ - Total Direct Salary $ 2,096.00 Overhead Rate - 184.34% $ 3,863.77 Subtotal Labor Plus Overhead $ 5,959.77 Professional Fee $ 715.17 Total Labor Costs $ 6,674.94 Detailed Other Direct Costs Number of Units Postage/Courier Postage oz. $ 0.44 $ - Courier Fed EX ea. $ 21.00 $ - Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - CADD Time hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment hrs. 1 $ 50.00 1 $ - Total Other Direct Costs $ - TOTAL COST $ 6,674.94 age 40 Appendix A - Title I Services - Consultant Boundary Survey & Easement Preparation Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Boundary Survey and Easement Preparation Direct Labor Costs f Esfimated Maomum Job ClassificationHours , L'ator Rate , Registered Land Surveyor 40 $ 32.00 $ 1,280.00 Field Survey (1 Man or Robotic) 16 $ 24.00 $ 384.00 Survey Technican 16 $ 27.00 $ 432.00 Clerical 0 $ 20.00 $ - $ Total Labor Hours 72 Subtotal Raw Labor $ 2,096.00 Forward Pricing 0.00% $ - Total Direct Salary $ 2,096.00 Overhead Rate - 184.34% $ 3,863.77 Subtotal Labor Plus Overhead $ 5,959.77 Professional Fee $ 715.17 Total Labor Costs $ 6,674.94 Detailed Other Direct Costs Number of Postage/Courier Postage oz. $ 0.44 $ Courier Fed EX ea. $ 21.00 $ Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - CADD Time hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees 2 ea. $ 20.00 $ 40.00 Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment I hrs. 1 $ 50.00 $ - Total Other Direct Costs $ 40.00 TOTAL COST $ 6,714.94 age o o Appendix A - Title I Services - Consultant Geotechnical Investigation Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Geotechnical Investigation Direct Labor Costs ;. Estimated v Maximum Job,Classification Hours, .- LatorRate ', , , Principal Engineer 4 $ 50.50 $ 202.00 Geotech Engineer 8 $ 41.40 $ 331.20 Soils Lab Supervisor 5 $ 21.50 $ 107.50 Clerical 1 $ 20.00 $ 20.00 Draftsman 2 $ 19.00 $ 38.00 Soils Lab Technician 20 $ 15.25 $ 305.00 Engineering Technician 12 $ 30.00 $ 360.00 $ - Total Labor Hours 52 Subtotal Raw Labor $ 1,363.70 Forward Pricing 0.00% $ - Total Direct Salary $ 1,363.70 Overhead Rate - 184.34% $ 2,513.84 Subtotal Labor Plus Overhead $ 3,877.54 Professional Fee $ 465.31 Total Labor Costs $ 4,342.85 Detailed Other Direct Costs : Number of .," Units Postage/Courier Postage oz. $ 0.44 $ Courier Fed EX ea. $ - Communications - Long Distance & Conference Calls $ $ Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ - Food day $ - Incidentals day $ - Drilling and Lab Testing $ - Boring Setup ea. $ 50.00 $ - Soil Drilling If $ 10.00 $ - Rock Drilling If $ 15.00 $ - Core Drilling If $ 35.00 $ - Moisture Content ea. $ 15.00 $ - Classification ea. $ 120.00 $ - Unconfined Compression ea. $ 45.00 $ - Chloride Tests 15 ea. $ 200.00 $ 3,000.00 Half Cell Potential Test 2 ea. $ 1,700.00 $ 3,400.00 Unit Weight ea. $ 15.00 $ - Core Machine - Bridge Deck 6 ea. $ 40.00 $ 240.00 Core Machine - Roadway - 2" 4 ea. $ 30.00 $ 120.00 ea. $ - Other Direct Costs $ - CADD Time hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment I hrs. 1 $ 50.00 $ - Total Other Direct Costs $ 6,760.00 TOTAL COST $ 11,102.85 age to o Appendix A - Title I Services - Consultant Geotechnical Investigation Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Geotechnical Investigation Direct Labor Costs Estimated ` Maximum ; Classricaton HrsJob LaborRate- Principal Engineer 2 $ 50.50 $ 101.00 Geotech Engineer 8 $ 41.40 $ 331.20 Soils Lab Supervisor 10 $ 21.50 $ 215.00 Clerical 1 $ 20.00 $ 20.00 Draftsman 2 $ 19.00 $ 38.00 Soils Lab Technician 20 $ 15.25 $ 305.00 Engineering Technician 12 $ 30.00 $ 360.00 Total Labor Hours 55 Subtotal Raw Labor $ 1,370.20 Forward Pricing 0.00% $ - Total Direct Salary $ 1,370.20 Overhead Rate - 184.34% $ 2,525.83 Subtotal Labor Plus Overhead $ 3,896.03 Professional Fee $ 467.52 Total Labor Costs $ 4,363.55 Detailed Other Direct Costs =Number of 0t Postage/Courier Postage oz. $ 0.44 $ Courier FedEX ea. $ Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ Mileage mi. $ 0.51 $ Lodging day $ Food day $ Incidentals day $ Drilling and Lab Testing $ - Boring Setup 2 ea. $ 50.00 $ 100.00 Soil Drilling 25 If $ 10.00 $ 250.00 Rock Drilling 5 If $ 15.00 $ 75.00 Core Drilling 20 If $ 35.00 $ 700.00 Moisture Content 20 ea. $ 15.00 $ 300.00 Classification 8 ea. $ 120.00 $ 960.00 Unconfined Compression 8 ea. $ 45.00 $ 360.00 Chloride Tests 15 ea. $ 200.00 $ 3,000.00 Half Cell Potential Test 2 ea. $ 1,700.00 $ 3,400.00 Unit Weight 10 ea. $ 15.00 $ 150.00 Core Machine - Bridge Deck 6 ea. $ 40.00 $ 240.00 Core Machine - Roadway - 2" 4 ea. $ 30.00 $ 120.00 ea. $ - Other Direct Costs $ CADD Time hrs. $ 17.00 $ AHTD Permit Review Fees Lump Sum $ SWPPP (City & State) Lump Sum $ Railroad Permit(s) Lump Sum $ County Filing Fees ea. $ 20.00 $ Robotic Total Station hrs. $ 50.00 $ GPS Surrey Equipment I hrs. 1 $ 50.00 $ - Total Other Direct Costs $ 9,655.00 TOTAL COST $ 14,018.55 rage / OT 10 Appendix A - Title I Services - Consultant Environmental Documentation Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Environmental Services Direct Labor Costs Estimated . Ma�nmum Job Classification Hours Labor Rate Principal Engineer 3 $ 50,50 $ 151.50 Project Engineer 12 $ 41.40 $ 496.80 Chief Draftsman 3 $ 25.00 $ 75.00 Draftsman 1 $ 19.00 $ 19.00 Clerical 1 $ 20.00 $ 20.00 $ - Total Labor Hours 20 Subtotal Raw Labor $ 762.30 Forward Pricing 0.00% $ - Total Direct Salary $ 762.30 Overhead Rate- 184.34% $ 1,405.22 Subtotal Labor Plus Overhead $ 2,167.52 Professional Fee $ 260.10 Total Labor Costs $ 2,427.63 Detailed Other Direct Costs Number of ,� , Unrts Postage/Courier Postage oz. $ 0.44 $ Courier FedEX ea. $ 21.00 $ Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ Mileage mi. $ 0.51 $ Lodging day $ 76.00 $ Food day $ 39.00 $ Incidentals day $ 5.00 $ Printing/Reproduction $ 8.5x11 Black & White ea. $ 0.05 $ 8.5x11 Color ea. $ 0.25 $ 11 x1 7 Black & White ea. $ 0.10 $ 11 x1 7 Color ea. $ 1.00 $ Black & White Card Stock ea. $ 0.25 $ Color Card Stock ea. $ 0.85 $ Black & White Printing s.f. $ 0.09 $ Color Printing s.f. $ 1.00 $ Black & White Scanning s.f. $ 0.35 $ Color Scanning s.f. $ 5.00 $ Mounting Boards (3/16") s.f. $ 3.00 $ Laminating (Large Scale) s.f. $ 1.50 $ Binding ea. $ 2.00 $ - Other Direct Costs $ - Environmental Consultant Lump Sum $ 5,000.00 $ 5,000.00 CADD Time hrs. $ 17.00 $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment I hrs. 1 $ 50.00 $ - Total Other Direct Costs $ 5,000.00 TOTAL COST $ 7,427.63 rage oaf 10 Appendix A - Title I Services - Consultant Environmental Documentation Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Environmental Services Direct Labor Costs Estimated Maximum Job Classification Hours Labor Rate Principal Engineer 3 $ 50.50 $ 151.50 Project Engineer 12 $ 41.40 $ 496.80 Chief Draftsman 3 $ 25.00 $ 75.00 Draftsman 1 $ 19.00 $ 19.00 Clerical 1 $ 20.00 $ 20.00 $ - Total Labor Hours 20 Subtotal Raw Labor $ 762.30 Forward Pricing 0.00% $ - Total Direct Salary $ 762.30 Overhead Rate - 184.34% $ 1,405.22 Subtotal Labor Plus Overhead $ 2,167.52 Professional Fee $ 260.10 Total Labor Costs $ 2,427.63 Detailed Other Direct Costs Number of gum :Units Postage/Courier Postage oz. $ 0.44 $ Courier FedEX ea. $ 21.00 $ Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - Environmental Consultant Lump Sum $ 5,000.00 $ 5,000.00 CADD Time hrs. $ 17.00 $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment I hrs. 1 $ 50.00 1 $ - Total Other Direct Costs $ 5,000.00 TOTAL COST $ 7,427.63 age ao Appendix A - Title 1 Services - Consultant Design Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Design Services Direct Labor Costs Estimated Maximum Job Classification Hours Labor Rate Principal Engineer 28 $ 50.50 $ 1,414.00 Project Engineer 43 $ 41.40 $ 1,780.20 Chief Draftsman 5 $ 25.00 $ 125.00 Draftsman 20 $ 19.00 $ 380.00 Clerical 4 $ 20.00 $ 80.00 $ - Total Labor Hours 100 Subtotal Raw Labor $ 3,779.20 Forward Pricing 0.00% $ - Total Direct Salary $ 3,779.20 Overhead Rate - 184.34% $ 6,966.58 Subtotal Labor Plus Overhead $ 10,745.78 Professional Fee $ 1,289.49 Total Labor Costs $ 12,035.27 Detailed Other Direct Costs ;Nurl berof Units . Postage/Courier Postage oz. $ 0.44 $ - Courier FedEX ea. $ 21.00 $ - Communications - Long Distance & Conference Calls $ $ Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - Cadd Time 0 hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment I hrs. 1 $ 50.00 1 $ - Total Other Direct Costs $ - TOTAL COST $ 12,035.27 age i u o Appendix A - Title I Services - Consultant Design Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Bid Services Direct Labor Costs R Estimated Mazrmum job,G(a"s"sifcatiop Principal Engineer 2 $ 50.50 $ 101.00 Project Engineer 2 $ 41.40 $ 82.80 Chief Draftsman $ 25.00 $ - Draftsman $ 19.00 $ Clerical $ 20.00 $ $ Total Labor Hours 4 Subtotal Raw Labor $ 183.80 Forward Pricing 0.00% $ - Total Direct Salary $ 183.80 Overhead Rate - 184.34% $ 338.82 Subtotal Labor Plus Overhead $ 522.62 Professional Fee $ 62.71 Total Labor Costs $ 585.33 Detailed Other Direct Costs ;Number of Units Postage/Courier Postage oz. $ 0.44 $ - Courier FedEX ea. $ 21.00 $ - Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - Cadd Time hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment I hrs. 1 $ 50.00 $ - Total Other Direct Costs $ - TOTAL COST $ 585.33 age i i o Appendix A - Title I Services - Consultant Design Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Design Services Direct Labor Costs Estimated Maximum Job Gassification Hours . ,- :Labor Rate.,; ; Principal Engineer 38 $ 50.50 $ 1,919.00 Project Engineer 58 $ 41.40 $ 2,401.20 Chief Draftsman 10 $ 25.00 $ 250.00 Draftsman 30 $ 19.00 $ 570.00 Clerical 6 $ 20.00 $ 1210.00 $ Total Labor Hours 142 Subtotal Raw Labor $ 5,260.20 Forward Pricing 0.00% $ - Total Direct Salary $ 5,260.20 Overhead Rate - 184.34% $ 9,696.65 Subtotal Labor Plus Overhead $ 14,956.85 Professional Fee $ 1,794.82 Total Labor Costs $ 16,751.68 Detailed Other Direct Costs Number of Units Postage/Courier Postage oz. $ 0.44 $ Courier Fed EX ea. $ 21.00 $ Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - CADD Time 0 hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment I hrs. 1 $ 50.00 1 $ - Total Other Direct Costs $ - TOTAL COST $ 16,751.68 age iz o Appendix A - Title 1 Services - Consultant Design Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Bid Services Direct Labor Costs Estimated';° Maximum Job Classification Hours .. ;Labor Rate ': Principal Engineer 2 $ 50.50 $ 101.00 Project Engineer 2 $ 41.40 $ 82.80 Chief Draftsman $ 25.00 $ - Draftsman $ 19.00 $ - Clerical $ 20.00 $ - $ - Total Labor Hours 4 Subtotal Raw Labor $ 183.80 Forward Pricing 0.00% $ - Total Direct Salary $ 183.80 Overhead Rate - 184.34% $ 338.82 Subtotal Labor Plus Overhead $ 522.62 Professional Fee $ 62.71 Total Labor Costs $ 585.33 Detailed Other Direct Costs Number of , Units Postage/Courier Postage oz. $ 0.44 $ - Courier FedEX ea. $ 21.00 $ - Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning S.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - CADD Time hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment I hrs. 1 $ 50.00 $ - Total Other Direct Costs $ - TOTAL COST $ 585.33 age i s o Appendix A - Title II Services - Consultant Survey Control Maple St. 01940 and Lafayette St. 01941 Bridge 01941 Replacement Manhower Estimate: Survey Control Direct Labor Costs Estimated Maximum Job'Classifcation ," Hours ". Labor Rate'" Registered Land Surveyor 20 $ 32.00 $ 640.00 Field Survey (1 man or Robotic) 56 $ 24.00 $ 1,344.00 Survey Technican 16 $ 27.00 $ 432.00 Clerical 0 $ 20.00 $ - $ - Total Labor Hours 92 Subtotal Raw Labor $ 2,416.00 Forward Pricing 0.00% $ - Total Direct Salary $ 2,416.00 Title II Multipler 3.18 $ 7,682.88 Total Labor Costs $ 7,682.88 Detailed Other Direct Costs Number of . Units Postage/Courier Postage oz. $ 0.44 $ - Courier FedEX ea. $ 21.00 $ - Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ - Mileage mi. $ 0.51 $ - Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11 x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - CADD Time 0 hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment 8 hrs. 1 $ 50.00 $ 400.00 Total Other Direct Costs $ 400.00 TOTAL COST $ 8,082.88 Appendix A - Title II Services - Consultant Engineering Management Services Maple St. 01940 and Lafayette St. 01941 Bridge 01941 Replacement Manhower Estimate: Engineering Management Services Direct Labor Costs Estimated , M,aximurrf' �`' Job Classification `. Hours _ Labor Rate Principal Engineer 10 $ 50.50 $ 505.00 Project Engineer 25 $ 41.40 $ 1,035.00 Construction Observer 10 $ 31.25 $ 312.50 Clerical 25 $ 20.00 $ 500.00 $ - Total Labor Hours 70 Subtotal Raw Labor $ 2,352.50 Forward Pricing 0.00% $ - Total Direct Salary $ 2,352.50 Tiltle II Multiplier 3.18 $ 7,480.95 Total Labor Costs $ 7,480.95 Detailed Other Direct Costs s - '-:Number of Units Postage/Courier Postage oz. $ 0.44 $ - Courier Fed EX ea. $ 21.00 $ - Communications - Long Distance & $ $ Conference Calls Travel - Meetings $ - Mileage 50 mi. $ 0.51 $ 25.50 Lodging day $ 76.00 $ - Food day $ 39.00 $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.05 $ - 8.5x11 Color ea. $ 0.25 $ - 11x17 Black & White ea. $ 0.10 $ - 11x17 Color ea. $ 1.00 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.09 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment hrs. $ 50.00 $ - Total Other Direct Costs $ 25.50 TOTAL COST $ 7,506.45 Appendix A - Title I Services - Sub Consultant Design Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Design Services - Rehab Option Direct Labor Costs MMti EstimatedJlaxim+ ; Professional II 6 $ 6822 $ 409.32 Professional III 79 $ 57.71 $ 4,559.09 Professional IV 133 - $ 49:18= $ 6,540.94 Professional VI 77 $ 36.26 ` $ 2,715.02 Technician II 104 $ 3321 $ 3,453.84 Clericalll 6 $ 32.04-' $ 192.24 $ - Total Labor Hours 405 Subtotal Raw Labor $ 17,870.45 Forward Pricing 0.00% $ - Total Direct Salary $ 17,870.45 Overhead Rate - 154.87% $ 27,675.97 Subtotal Labor Plus Overhead $ 45,546.42 Professional Fee $ 5,465.57 Total Labor Costs $ 51,011.99 Detailed Other Direct Costs S Nutntler, of�r � y3 Postage/Courier Postage oz. $ 0.44 $ - Courier FedEX ea. $ 21•.00' $ - Communications - Long Distance & Conference Calls $ $ Travel - Meetings $ Mileage 1796 mi. $ 0.555 $ 996.78 Lodging 5 day $ 90.00 $ 450.00 Food 5 day $ 46.00 $ 230.00 Incidentals 5 day $ 5.00 $ 25.00 Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.08. $ - 8.5x11 Color ea. $ 0.49 < $ - 11x17 Black & White 40 ea. $ 0.16` $ 6.40 11 x17 Color ea. $ 0`.75 ; $ - Black & White Card Stock ea. $ 0.25` $ - Color Card Stock ea. $ 0.85; $ - Black & White Printing s.f. $ 0.25 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35' $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 300 $ - Laminating (Large Scale) s.f. $ 1..50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - Small Inspection Tools $ 100.00 $ - CADD Time hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 ` $ - Robotic Total Station hrs. $ 5000 $ - GPS Survey Equipment hrs. 1 $ 50.00 $ - Total Other Direct Costs $ 1,708.18 TOTAL COST $ 52,720.17 Page 1 of 7 Appendix A - Title I Services - Sub Consultant Design Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Design Services - Additional Hours for Replace Slab Direct Labor Costs afeda7laxpsa v%yy"'�,.ry �� %�� 2' "u✓v Professionalll 0 $ 6822 $ - Professional III 0 $ 57.71 ` $ Professional IV 54 $ 49.18 $ 2,655.72 Professional VI 110 $ 35.26'< $ 3,878.60 Technician II 20 $ 33.21' $ 664.20 Clerical II 0 - $ 32.04 $ - Is - Total Labor Hours 184 Subtotal Raw Labor $ 7,198.52 Forward Pricing 0.00% $ - Total Direct Salary $ 7,198.52 Overhead Rate- 154.87% $ 11,148.35 Subtotal Labor Plus Overhead $ 18,346.87 Professional Fee $ 2,201.62 Total Labor Costs $ 20,548.49 Detailed Other Direct Costs 1 g 5N Postage/Courier Postage oz. $ 0.44 $ - Courier FedEX ea. $ 21.00' $ - Communications - Long Distance & Conference Calls $ - $ - Travel - Meetings $ - Mileage mi. $ 0.555 $ - Lodging day $ 90.00 $ - Food day $ 46.00' $ - Incidentals day $ 5.00 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 008 $ - 8.5x11 Color ea. $ 0.49' $ - 11x17 Black & White ea. $ 0.16 $ - 11x17 Color ea. $ 0.75' $ - Black & White Card Stock ea. $ 0.25 ` $ - Color Card Stock ea. $ 085` $ - Black & White Printing s.f. $ 025 $ - Color Printing s.f. $ 100 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00" $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00; $ - Other Direct Costs $ - Small Inspection Tools $ 100.00 $ - CADD Time hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment hrs. $ 50.00 $ - Total Other Direct Costs $ - TOTAL COST $ 20,548.49 Page 2 of 7 Appendix A - Title I Services - Sub Consultant Design Maple Street Bridge 01940 Bridge Replacement Manhower Estimate: Bid Services Direct Labor Costs r r� �� x Estmate%�� iak�rrriMR. ; my JoClafaion m. , µ s _` Hours x aaW?ate� w rl t Professionalll $ 6822 $ - Professionallll 2 $ 57.71. $ 115.42 Professional IV 2 $ 49.18 $ 98.36 Professional VI $ 35.26 ` $ - Technician II $ 33.21> $ - Clerical $ 32.04` $ - $ - Total Labor Hours 4 Subtotal Raw Labor $ 213.78 Forward Pricing 0.00% $ - Total Direct Salary $ 213.78 Overhead Rate - 154.87% $ 331.08 Subtotal Labor Plus Overhead $ 544.86 Professional Fee $ 65.38 Total Labor Costs $ 610.24 Detailed Other Direct Costs Number of rr c$ r r Postage/Courier Postage oz. $ 044; $ - Courier FedEX ea. $ 21.00' $ - Communications - Long Distance & Conference Calls $ - $ - Travel - Meetings $ - Mileage mi. $ 0.555 $ - Lodging day $ 90.00 $ - Food day $ 46.00- $ - Incidentals day $ 500; $ Printing/Reproduction $ - 8.5x11 Black & White ea. $ 008 $ - 8.5x11 Color ea. $ 0.49 i $ - 11x17 Black & White ea. $ 0.16 $ - 11 x17 Color ea. $ 0.75 $ - Black & White Card Stock ea. $ 0.25 . $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.25 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00- $ - Laminating (Large Scale) s.f. $ 150; $ - Binding ea. $ 200; $ - Other Direct Costs $ - Small Inspection Tools $ 100.00 $ - CADD Time 0 hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 2000.` $ - Robotic Total Station hrs. $ 50.00 ` $ - GPS Survey Equipment hrs. 1 $ 50.00 1 $ - Total Other Direct Costs $ - TOTAL COST $ 610.24 Page 3 of 7 Appendix A - Title I Services - Sub Consultant Design Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Design Services - Rehab Option Direct Labor Costs sk ', E fiffi" WE y3 1 �,axq W11 i 06 al, Professional 11 7 $ 68.22 $ 477.54 Professional 111 82 $ 57.71 $ 4,732.22 Professional IV 159 $ 49.18 $ 7,819.62 Professional VI 109' $ 35.26 $ 3,843.34 Technician 11 120 $, 33.21 $ 3,985.20 Clerical 6 $ 32.04 $ 192.24 Total Labor Hours 483 Subtotal Raw Labor $ 21,050.16 Forward Pricing 0.00% $ - Total Direct Salary $ 21,050.16 Overhead Rate - 154.87% $ 32,600.38 Subtotal Labor Plus Overhead $ 53,650.54 Professional Fee $ 6,438.07 Total Labor Costs $ 60,088.61 Detailed Other Direct Costs g, g of p� Number d am" 7, g ---p, 'g"g-g-, IS Postage/Courier Postage oz. $ 0.44 $ Courier (FedEX) ea. $ 21.00 $ Communications - Long Distance & Conference Calls $ - $ - Travel - Meetings $ - Mileage 1796 mi. $ 0.555 $ 996.78 Lodging 4 day $ 90.00 $ 360.00 Food 4 day $ 46.00 $ 184.00 Incidentals 4 day $ 5.00 $ 20.00 Printing/Reproduction $ - 8.5xl 1 Black& White ea. $ 0.08 $ 8.5x11 Color ea. $ 0.49 $ - 11 x1 7 Black & White 48 ea. $ 0.16 $ 7.68 11 x1 7 Color ea. $ 0.75 $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing S.f. $ 0.25 $ - Color Printing S.f. $ 1.00 $ - Black & White Scanning S.f. $ 0.35 $ - Color Scanning S.f. $ 5.00 $ - Mounting Boards (3/16") S.f. $ 3.00 $ - Laminating (Large Scale) S.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - Small Inspection Tools 1 Is $ 100.00 $ 100.00 CADD Time 0 hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 $ - GPS Survey Equipment hrs. 1$ 50.00 1 $ - Total Other Direct Costs $ 1,668.46 TOTAL COST $ 61,757.07 Page 4 of 7 Appendix A - Title 1 Services - Sub Consultant Design Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Design Services - Additional Hours for Replace Slab Direct Labor Costs a f� r� Es#irnated��Nlximur t� n 19 Job�CJasia�n Professional II 0 " $ 68.22 $ - Professional III 0 $ 5771 $ Professional IV 34 $ 49.18 $ 1,672.12 Professional VI 66 $ 35.26 $ 2,327.16 Technician II 28 ; $ 33:21" $ 929.88 Clerical 0 $ 32.04 $ - $ - Total Labor Hours 128 Subtotal Raw Labor $ 4,929.16 Forward Pricing 0.00% $ - Total Direct Salary $ 4,929.16 Overhead Rate - 154.87% $ 7,633.79 Subtotal Labor Plus Overhead $ 12,562.95 Professional Fee $ 1,507.55 Total Labor Costs $ 14,070.50 Detailed Other Direct Costs Nurber:of f z ,. a z - „r_a°<z_ k.4 a �,i':.:�?,:„xs,.. Ul11tS . r'`:.,�.'�ie•. ✓r x..,: F .�.. a...z.,N✓......,-..: Postage/Courier Postage oz. $ 0.44 $ - Courier FedEX ea. $ 21`00, $ - Communications - Long Distance & Conference Calls $ - $ Travel - Meetings $ - Mileage mi. $ 0.555 $ - Lodging day $ 90.00 $ - Food day $ 46.00, $ - Incidentals day $ 5.00 ( $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.68' $ - 8.5x11 Color ea. $ 0.49 $ - 11x17 Black & White ea. $ 0.16 $ - 11x17 Color ea. $ 0.75 $ - Black & White Card Stock ea. $ 0.25`' $ - Color Card Stock ea. $ 0.85 $ - Black & White Printing s.f. $ 0.25 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50 $ - Binding ea. $ 2.00 $ - Other Direct Costs $ - Small Inspection Tools 1 Is $ 100.00 $ 100.00 CADD Time 0 hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00 ` $ - GPS Survey Equipment hrs. $ 50.00 $ - Total Other Direct Costs $ 100.00 TOTAL COST $ 14,170.50 Page 5 of 7 Appendix A - Title I Services - Sub Consultant Design Lafayette Street Bridge 01941 Bridge Replacement Manhower Estimate: Bid Services Direct Labor Costs 0 -►a�xim , M 0 you-'°�„,':� 0� � � ti� '� h _ '",� ✓r loassapn_ours...� u_ Labor ,1e� Professionalll $ 6822 $ - Professional III 2 $ 57.71 s $ 115.42 Professional IV 2 $ 49.18 $ 98.36 Professional VI $ 3526 $ - Technician II $ 33.21 $ - Clerical $ 3204 $ - $ - Total Labor Hours 4 Subtotal Raw Labor $ 213.78 Forward Pricing 0.00% $ - Total Direct Salary $ 213.78 Overhead Rate - 154.87% $ 331.08 Subtotal Labor Plus Overhead $ 544.86 Professional Fee $ 65.38 Total Labor Costs $ 610.24 Detailed Other Direct Costs MR z.,!"=:S'£w.. af".rL lc',o2',u.L.ow fx �'_J.em.e�� £,`w':'s ,mt-✓_.emu ..»> N'"S»...m s=ti^� F..,��..v' ,r�.z.>--e Postage/Courier Postage oz. $ 0.44,' $ - Courier FedEX ea. $ 21.00; $ - Communications - Long Distance & Conference Calls $ - $ - Travel - Meetings $ - Mileage mi. $ 0.555 $ - Lodging day $ 90.00; $ - Food day $ 46.00 $ - Incidentals day $ 500 $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.08 $ - 8.5x11 Color ea. $ 0.49 $ - 11x17 Black & White ea. $ 0:16- $ - 11x17 Color ea. $ 075` $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 085 $ - Black & White Printing s.f. $ 0.25 $ - Color Printing s.f. $ 1.00 $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 $ - Laminating (Large Scale) s.f. $ 1.50; $ - Binding ea. $ 2.00; $ - Other Direct Costs $ - Small Inspection Tools day $ 100.00 $ - CADD Time 0 hrs. $ 17.00 $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00`, $ - GPS Survey Equipment hrs. $ 50.00,' $ - Total Other Direct Costs $ - TOTAL COST $ 610.24 Page 6 of 7 Appendix A - Title 11 Services - Sub Consultant Engineering Management Services Maple St. 01940 and Lafayette St. 01941 Bridge 01941 Replacement Manhower Estimate: Engineering Management Services Direct Labor Costs 0 $ 68.22 $ - Professionala11 Professionallll 38 $ 57.71 $ 2,192.98 Professional IV 34 $ 49.16 $ 1,672.12 Professional VI 20 $ 35.26 $ 705.20 Technician II 0 $ 33.21 $ - Clericalll 4 $ 32.04' $ 128.16 $ - Total Labor Hours 96 Subtotal Raw Labor $ 4,698.46 Forward Pricing 0.00% $ - Total Direct Salary $ 4,698.46 Title II Multiplier - 2.85 $ 13,411.96 Total Labor Costs $ 13,411.96 Detailed Other Direct Costs lNOmber of Y" ir'rt Yi'f n irgJ h Postage/Courier Postage oz. $ 0.44 $ - Courier Fed EX ea. $ 21.00' $ - Communications - Long Distance & Conference Calls $ - $ Travel - Meetings $ - Mileage mi. $ 0.555 $ - Lodging day $ 90.00' $ - Food day $ 46.00 $ - Incidentals day $ 5.00;; $ - Printing/Reproduction $ - 8.5x11 Black & White ea. $ 0.08 ` $ - 8.5x11 Color ea. $ 0.49 $ - 11x17 Black & White ea. $ 0.16; $ - 11 x17 Color ea. $ 0.75" $ - Black & White Card Stock ea. $ 0.25 $ - Color Card Stock ea. $ 0.85; $ - Black & White Printing s.f. $ -0.25` $ - Color Printing s.f. $ 1.00> $ - Black & White Scanning s.f. $ 0.35 $ - Color Scanning s.f. $ 5.00 $ - Mounting Boards (3/16") s.f. $ 3.00 , $ - Laminating (Large Scale) s.f. $ 1.50' $ - Binding ea. $ 2.00' $ - Other Direct Costs $ - AHTD Permit Review Fees Lump Sum $ - SWPPP (City & State) Lump Sum $ - Railroad Permit(s) Lump Sum $ - County Filing Fees ea. $ 20.00 $ - Robotic Total Station hrs. $ 50.00' $ - GPS Survey Equipment hrs. $ 50.00 , $ - Total Other Direct Costs $ - TOTAL COST $ 13,411.96 Page 7 of 7 ME X J SUBCONSULTANT AGREEMENT JOB NO. 040618 Maple St. & Lafayette St. Bridge Restoration FEDERAL AID PROJECT ("FAP") NO. BRN-9142(29) 1. SUBCONSULTANT AGREEMENT 1.1. The services to be performed under this Subconsultant Agreement will be performed in connection with the Agreement for Engineering Services ("Prime Agreement") between McClelland Consulting Engineers, Inc. and the City of Fayetteville, Arkansas ("Owner") for Job No. 040618, dated tY\0X()A, 6, ?W3. McClelland Consulting Engineers, Inc. ("Consultant') and Horner & Shifrin, Inc. ("Subconsultant") hereby agree that Horner & Shifrin, Inc. shall perform the professional and related services as described herein. In consideration for the performance of the professional services McClelland Consulting Engineers, Inc. agrees to compensate (and reimburse, if applicable) Horner & Shifrin, Inc. in the manner and at the rate(s) provided herein. 1.2. The definitions of the Prime Agreement, and its provisions relating to the obligations, duties, and rights of subcontractors, or which are otherwise required to be inserted into any subcontracting agreements, are deemed to be part of, and are hereby incorporated by reference into, this Subconsultant Agreement and made binding upon Horner & Shifrin, Inc. 2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED Title 1 Services: 2.1 Design • Prepare project design criteria and submit to AHTD for review before preliminary design work to obtain design exemptions where necessary to retain the original elements and design. Design exemptions will be based on coordination with the State Historic Preservation Office (SHPO). AHTD Standard Specifications for Highway Construction will be used. • Complete site visit for visual verification of previous bridge inspection. • Comply with any requirements to maintain historical integrity of the structures. • Develop an engineering design for the bridge restoration, Submit design plans for review by the City of Fayetteville and AHTD at the 3.0%, 60%, and 90% stages. Submit an updated cost estimate with each design review. o Maple Street Bridge Design Scope ■ Replace overlay ■ Replace deck drains ■ Repair superstructure and substructure concrete ■ Replace sidewalk ■ Replace only damaged sections of bridge rail using original plans to replicate original sections. Concrete color should not match — per SHPO ■ If testing indicates and the City of Fayetteville authorizes, provide plans for replacement of the slab, including an analysis of construction loads ■ Replace light fixtures at rail end posts using original plans to replicate original fixtures ■ Complete load rating analysis for new slab (if applicable and authorized by the City of Fayetteville) and additional load of sidewalk/railing/overlay o Lafayette Street Bridge Design Scope ■ Replace overlay ■ Replace expansion joints ■ Replace abutment bearings ■ Repair superstructure and substructure concrete ■ Replace sidewalk ■ Replace only damaged sections of bridge rail using original plans to replicate original sections. Concrete color should not match — per SHPO ■ Replace light fixtures at rail end posts using original plans to replicate original fixtures If testing indicates, provide plans for replacement of the superstructure, including an analysis of construction loads ■ Complete load rating analysis for new slab (if applicable and the City of Fayetteville Authorizes) and additional load of sidewalk/railing/overlay ■ Replace or repair leaning wall at SW corner of approach using original plans to replicate existing wall — design completed by Horner and Shifrin, Inc. and construction drawings to be completed by McClelland Consulting Engineers, Inc. ■ If testing indicates and the City of Fayetteville authorizes, provide plans for replacement of the slab, including an analysis of construction loads. Title 2 Services: 2.2 Engineering Management Services • Review of shop drawings and submittals, as requested. • Provide design related solutions to construction problems and issues that may arise during construction. 3. COSTS, FEES, PAYMENTS AND RATE SCHEDULES 3.1 Schedule of Salary Ranges Labor Classification Labor Rate Range Professional 1 $70.00 — 77.00 Professional II $62.02 — 68.22 Professional III $46.85 — 57.71 Professional IV $38.91 — 49.18 Professional V $33.48 — 37.71 Professional VI $27.45 — 35.26 Professional VII $21.92 — 28.96 Technician 1 $33.65 — 37.02 Technician II $26.83 — 33.21 Technician 111 $21.13 — 23.24 Technician IV $15.43 —16.97 Word Processor 11 $19.64 — 21.60 Clerical 11 $29.13 — 32.04 4. COMPENSATION SUBJECT TO LIMITATIONS OF FEDERAL AND STATE LAW 4.1. The Project (as defined in the Prime Agreement), part of which is to be performed under this Subconsultant Agreement, is a federally -assisted project and federal funds will be used, in part, to pay McClelland Consulting Engineers, Inc. and Subconsultant. Therefore, notwithstanding any provision of this Subconsultant Agreement or the Prime 2 Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of 48 C.F.R. Part 31, including those relating to determination of indirect cost rates, if applicable. Horner & Shifrin, Inc. shall certify the accuracy of all invoices, requests for payment, and cost rates (if applicable), along with supporting documentation and any supporting information or records provided prior to, during, or after the term of this Subconsultant Agreement. 5. COMMISSION AHTD AND FHWA AS THIRD PARTY BENEFICIARIES 5.1. This Subconsultant Agreement is between and binding upon only McClelland Consulting Engineers, Inc. and Horner & Shifrin, Inc.. The Commission, AHTD, and FHWA are not parties to this Subconsultant Agreement, but are expressly made third - party beneficiaries of this Subconsultant Agreement and shall be entitled to enforce any obligation of Horner & Shifrin, Inc. owed to McClelland Consulting Engineers, Inc.. No provision of this Subconsultant Agreement or the Prime Agreement, nor the exercise of any right thereunder, shall be construed as creating any obligation or any liability on the part of, or operating as a waiver of any immunity of, the Commission, the AHTD, the FHWA, or any of their employees, officers, or agents. 5.2. Horner & Shifrin, Inc.'s sole recourse, if any, for any injury arising under or related to this Subconsultant Agreement, the performance of services hereunder, or compensation or claims hereunder, shall be against McClelland Consulting Engineers, Inc.. 5.3. The Disputes and Claims provisions of the Prime Agreement shall not apply to this Subconsultant Agreement. 6. COVENANT AGAINST CONTINGENCY FEES 6.1. Horner & Shifrin, Inc. warrants that no person or agency has been employed or retained to solicit or obtain this Subconsultant Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the AHTD and McClelland Consulting Engineers, Inc. shall have the right to annul this Subconsultant Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration, or otherwise recover, the full amount of the contingent fee. 6.2. Bona fide agency, as used in this section, means an established commercial or selling agency, maintained by Horner & Shifrin, Inc. for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence. 6.3. Bona fide employee, as used in this section, means a person, employed by Horner & Shifrin, Inc. and subject to Horner & Shifrin, Inc.'s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence. 6.4. Contingent fee, as used in this section, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. 3 6.5. Improper influence, as used in this section, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter. 7. TITLE VI ASSURANCES (NONDISCRIMINATION) During the performance of this Subconsultant Agreement, the Horner & Shifrin, Inc., for itself, successors, and assigns, certifies and agrees as follows: 7.1. Compliance with Regulations. Horner & Shifrin, Inc. shall comply with the Regulations relative to Title VI (Nondiscrimination in Federally -assisted programs of the Department of Transportation and its operating elements, especially Title 49, Code of Federal Regulations, Part 21 and 23 Code of Federal Regulations, as amended, and hereinafter referred to as the Regulations). These regulations are herein incorporated by reference and made a part of this Subconsultant Agreement. Title VI provides that the recipients of Federal financial assistance will maintain and implement a policy of nondiscrimination in which no person shall, on the basis of race, color, national origin, sex, age, or disability, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by recipients of Federal financial assistance or their assignees and successors in interest. 7.2. Nondiscrimination. Horner & Shifrin, Inc., with regard to the work performed by it during the term of this Subconsultant Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Horner & Shifrin, Inc. shall not participate either directly or indirectly in any discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the USDOT Regulations. 7.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all solicitations, either by competitive bidding or negotiation, made by Horner & Shifrin, Inc. for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Horner & Shifrin, Inc. of Horner & Shifrin, Inc.'s obligations under this Subconsultant Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, or disability. 7.4. Information and Reports. Horner & Shifrin, Inc. shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Fayetteville, the AHTD or the USDOT and its Affiliated Modes to be pertinent to ascertain compliance with such regulations and directives. Where any information required of McClelland Consulting Engineers, Inc. is in the exclusive possession of another who fails or refuses to furnish this information, Horner & Shifrin, Inc. shall so certify to the City of Fayetteville, the AHTD, or the USDOT and its Affiliated Modes, as appropriate, and shall set forth what efforts it has made by Horner & Shifrin, Inc. to obtain the information. 7.6. Sanctions for Noncompliance. In the event of Horner & Shifrin, Inc.'s noncompliance with the nondiscrimination provisions of this Subconsultant Agreement, the City of Fayetteville shall impose such contract sanctions as it, the AHTD, or the USDOT and its Affiliated Modes may determine to be appropriate, including but not limited to, withholding of payments to McClelland Consulting Engineers, Inc. or Horner & Shifrin, Inc. under the Agreement until Horner & Shifrin, Inc. complies with the provisions and/or cancellation, termination, or suspension of Horner & Shifrin, Inc. Agreement, in whole or 4 in part. Incorporation of Provisions. Horner & Shifrin, Inc. shall include the terms and conditions of this section in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Horner & Shifrin, Inc. shall take such action with respect to any subcontract or procurement as the City of Fayetteville, the AHTD, or USDOT and its Affiliated -Modes may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however that, in the event Horner & Shifrin, Inc. becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, Horner & Shifrin, Inc. may request the City of Fayetteville, or the AHTD, to enter into the litigation to protect the interests of the State and litigation to protect the interest of the United States. 8. DBE CLAUSE 8.1. Horner & Shifrin, Inc. shall not discriminate on the basis of race, color, national origin, sex, age, religion, or disability in the performance of this Subconsultant Agreement. Horner & Shifrin, Inc. shall comply with the applicable requirements of 49 C.F.R. Part 26 and perform any actions necessary to maintain compliance in the award and administration of DOT -assisted contracts. Failure by Horner & Shifrin, Inc. to comply with or perform these requirements is a material breach of this Subconsultant Agreement, which may result in the cancellation, termination, or suspension of this Subconsultant Agreement in whole or in part, or such other remedy that the AHTD may determine appropriate. 8.2. Prompt Payment. Horner & Shifrin, Inc. shall pay its subcontractors, if any, for satisfactory performance of their subcontracts within 30 days of receipt of each payment by the AHTD to Horner & Shifrin, Inc. Any retainage payments held by Horner & Shifrin, Inc. must be returned to the subcontractor within 30 days after the subcontractor's work is completed. Failure to comply with this provision shall be considered a Default by Horner & Shifrin, Inc.. If Horner & Shifrin, Inc. fails to comply with this provision, in addition to any other rights or remedies provided under this Subconsultant Agreement, the AHTD, at its sole option and discretion, may: • make payments directly to the subcontractor and offset such payments, along with any administrative costs incurred by the AHTD, against reimbursements or payments otherwise due Horner & Shifrin, Inc.; • notify any sureties; and/or, • withhold any or all reimbursements or payments otherwise due to Horner & Shifrin, Inc. until Horner & Shifrin, Inc. ensures that the subcontractors have been and will be promptly paid for work performed. 8.3. Horner & Shifrin, Inc. shall insert a clause containing all the terms of this section in all subcontracts under this Subconsultant Agreement. 9. TITLE II OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION) 9.1 Horner & Shifrin, Inc. will comply with the provisions of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. 5 9.2 Horner & Shifrin, Inc., during the term of this Agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion or disability, in admission or access to and treatment in programs and activities associated with this Agreement, or in the selection and retention of subcontractors, including procurement of material and leases of equipment. McClelland Consulting Engineers, Inc. shall not participate either directly or indirectly in any discrimination prohibited by the Regulations; including employment practices. 9.3 In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the City of Fayetteville's Notice of Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets, brochures, and any other publications associated with this Agreement that are made available to the public, program participants, applicants or employees. 10. CERTIFICATION REGARDING DEBARMENT SUSPENSION PROPOSED DEBARMENT AND OTHER RESPONSIBILITY MATTERS 10.1. Horner & Shifrin, Inc. certifies, to the best of its knowledge and belief, that- 10.1.1. Horner & Shifrin, Inc. and any of its Principals- 10.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal or state agency; 10.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 10.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subsection 10.1.1.2; and, 10.1.1.4. Horner & Shifrin, Inc. has not within a 3-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency. 10.2. Principals, for the purposes of this certification, means officers; directors; City of Fayettevilles; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code, as well as any other applicable federal and state laws. 10.3. Horner & Shifrin, Inc. shall provide immediate written notice to the AHTD if, at any time prior to contract award, Horner & Shifrin, Inc. learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 1*1 10.4. The certification in subsection 10.1 is a material representation of fact upon which reliance was placed when making award. If it is later determined that Horner & Shifrin, Inc. knowingly rendered an erroneous certification, the AHTD may terminate the contract resulting from this solicitation for default in addition to any other remedies available to the AHTD. 11. NOTICE 11.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be mailed or hand -delivered to: 11.1.1. To Horner & Shifrin, Inc.: Horner & Shifrin, Inc. 5200 Oakland Avenue St. Louis, MO 63110-1490 11.1.2. To McClelland Consulting Engineers, Inc.: McClelland Consulting Engineers, Inc. 1810 North College Avenue P.O. Box 1229 Fayetteville, AR 72703/72702-1229 IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be effective m Q/yF,4. 5 , 2 b 13 McClelland Consulting Engineers, Inc. BY: Name �O/�Es��✓T, �yF77s✓a��.. Title Horn wI Ho �. ame Title APPENDIX C State Job No. 040618 C-1 Federal Aid Project No. BRN-9142(29) CERTIFICATION OF MCCLELLAND CONSULTING ENGINEERS INC. I hereby certify that I, Daniel Barnes, am the President, Fayetteville, Office and duly authorized representative of the firm of McClelland Consulting Engineers, Inc. whose headquarters address is 900 West Markham, Little Rock, AR 72201 and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me) any fee contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; (d) included any costs which are not expressly allowable under the cost principles of the FAR of 48 CFR 31, whether direct or indirect. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas State Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. Furthermore, as a recipient of Federal Aid Highway Funds, I certify and hereby agree to the conditions of Title VI Assurances as outlined in Section 31 of this Agreement and shall insert the Notice of Nondiscrimination Statement as shown below in all solicitation of work or procurement of materials or equipment. NOTICE OF NONDISCRIMINATION STATEMENT The Firm of McClelland Consulting Engineers, Inc. ("Consultant"), complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, McClelland Consulting Engineers, Inc. does not discriminate on the basis of race, sex, color, age, national origin, or disability, in the admission, access to and treatment in McClelland Consulting Engineers, Inc.'s programs and activities, as well as McClelland Consulting Engineers, Inc.'s hiring or employment practices. Complaints of alleged discrimination and inquiries regarding McClelland Consulting Engineers, Inc.'s nondiscrimination policies may be directed to Andrea McGhee(ADA/504/Title VI Coordinator), P.O. Box 34087 Little Rock, AR 72203, 501-3764522. (Voice/TTY 711), or, the following email address: amcghee@mcclelland-engrs.com. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. Authorized Firm Representative Date all APPENDIX C State Job No. 040618 C-1 Federal Aid Project No. BRN-9142(29) CERTIFICATION OF CONSULTANT hereby certify that I, Duane Siegfried, am the President and duly authorized representative of the firm of Horner & Shifrin, Inc.whose headquarters address is 5200 Oakland Ave., St. Louis, MO 63110-1490, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me) any fee contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; (d) included any costs which are not expressly allowable under the cost principles of the FAR of 48 CFR 31, whether direct or indirect. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas State Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. Furthermore, as a recipient of Federal Aid Highway Funds, I certify and hereby agree to the conditions of Title VI Assurances as outlined in Section 31 of this Agreement and shall insert the Notice of Nondiscrimination Statement as shown below in all solicitation of work or procurement of materials or equipment. NOTICE OF NONDISCRIMINATION STATEMENT [Provided by Consultant(Subconsultant. A sample is shown below.] Horner & Shifrin, Inc. ("Consultant"), complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, the Consultant does not discriminate on the basis of race, sex, color, age, national origin, or disability, in the admission, access to and treatment in Consultant's programs and activities, as well as the Consultant's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Consultant's nondiscrimination policies may be directed to Duane Siegfried (ADA/504/Title VI Coordinator), 5200 Oakland Ave., St. Louis, MO 63110-1490, (Voice/TTY 711), or, the following email address: dsiegfried@horn rshifrin.com. 8t�e� U)13 Authon2ETrI-ir r eta ' Date APPENDIX C State Job No. 040618 C-3 Federal Aid Project No. BRN-9142(29) CERTIFICATION OF CITY OF FAYETTEVILLE, ARKANSAS I hereby certify that I am the Mayor of the City of Fayetteville, Arkansas and that the aforementioned consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee contributions donation, or consideration of any kind: except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Arkansas Highway and Transportation Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. 33 7,,�3 _ Date ayor, City of F ttev e, Arkan as 31 Arkansas Highway and Transportation Department APPENDIX D General and Detailed Scope of Work For CONTROL SURVEYS, DESIGN SURVEYS, AND LAND SURVEYS The sections that follow will apply to a specific project based on the type of services specified in theprojectoverview. -- - -- The required procedures for all surveying tasks are documented in Requirements and Procedures for Control Surveys, Design Surveys and Land Surveys, prepared by the Surveys Division, will be called the Surveys Manual throughout the remainder of this general scope of work. The most current Surveys Manual is to be used regardless of the start date of a survey project. A copy of the most current version of the Surveys Manual is available on the AHTD's internet file transfer (ftp) site at: ftp://www.arkansashi,,Ihways.coinlouLv_oinglsurvevslsurveys manuals.html or http://www.arkansashigliways.com/manuals/manuals.aspx General Information • Accuracy of measurements —All measurement data shall be consistent with the standards specified for the control survey task in the Surveys Manual or as specified by Surveys Division. Distances are to be measured and displayed on drawings to two (2) decimal places for projects in U.S. Foot. Bearings shall be displayed to the second. Horizontal and vertical angles shall be measured with an instrument capable of reading angles with a minimum accuracy of five seconds (5") and recorded to one second (1"). Coordinates shall be displayed and copied to disk to the fourth decimal place as a minimum to avoid bearing and distance round off when inversing between data points. • The work shall be done in a professional and workmanlike manner satisfactory to the Owner, and except in the matter of advising the Consultant/Surveyor (Surveyor) what work is to be done and the results that are expected to be obtained, the Owner shall have no supervision over the Surveyor or any of his employees. The Surveyor shall direct the work himself, using the methods prescribed by the Owner to accomplish it and shall represent the will of the Owner as to the results of his work. • The Surveyor shall be a Professional Surveyor (PS) in the State of Arkansas and certified to perform the requested task/s. All services performed by the surveyor shall be in compliance with Arkansas laws and regulations governing the practice Page 1 of 24 of Appendix D of Professional Surveyors and with all Federal, State and Local laws, regulations and ordinances applicable to the work. • All surveys are to be performed using Grid Coordinates based on the Arkansas State Plane Coordinate System Zone in which the project is located. Note: Current procedure requires all grid coordinates be projected to ground coordinates, based on the combination adjustment factor assigned by or approved by the AHTD, for project design. This shall be a specific task if it is part of a contract for work to be performed. • When entering or crossing private property, which is the case on many of the surveys, the Surveyor shall contact the property owner. If personal contact cannot be made, a copy of the notification form shall be left in an "easy to be seen" location on the property. This form is found in the Surveys Manual. • The information on the control flag shall be marked as specified in the Surveys Manual. • The Surveyor shall inform the Owner when fieldwork has started on the project. During the course of the project a progress report shall be sent to the Owner each Thursday, indicating the percentage of the work completed. The report can be faxed to the Surveys Division at (501) 569-2344 or e-mailed to the Surveys Division Staff Person specified in the Task Order. • All data collection and processing shall be done using the AASHTOWare SDMS° Collector and AASHTOWare ° SDMS a Processor, respectively. The software will be furnished to Surveyor currently certified to perform surveys for the AHTD under the site license held by the AHTD from AASHTO to use said software. The Surveyor shall comply with all legal requirements of AASHTO while using the software. • All field AASHTOWare° SDMS° data files (PRJ & EDI) for the field work completed each day shall be submitted to the Surveys Division Office via email on a daily basis. These files are to be sent to: • surveysuppor-tgarkansashighwa sy com. • Processed data files shall be archived and submitted to the Surveys Division Office via email on a weekly basis. The archive shall include all files imported into, edited in, and developed by SDMS Processor. These files are to be sent to mailto:surveysupportagarkansashi hwa sue. • All raw and calculated data shall be submitted electronically in the required formats on compact disk (CD) or emailed to the Surveys Division Staff Person specified in the Task Order upon completion of the project. • Accounting Procedures — See Appendix D-1 Page 2 of 24 of Appendix D Section I - Control Surveys The project consists of performing Control Surveys for the Arkansas State Highway Commission acting by and through its Director of Highways and Transportation, hereinafter called the Owner, for the tasks (individual job numbers) listed in Table I, Control Surveys (Task Projects) for GPS Collection; Table II, Control Surveys (Task Projects) for Photogrammetry Mapping Control; Table III, Control Surveys (Task Projects) for Vertical Control; and Table IV, Control Surveys (Task Projects) for Horizontal Control. Work on these tasks is intended to commence on the date specified in the Task Order. Work is to be completed and submitted no later than the date listed for each task order. Ample time shall be scheduled and adequate resources dedicated to the project to complete the Control Surveys by the submittal date. Completion includes submittal of 100% of Control Surveys. 1. General Information The following information shall apply to all phases of Control Surveys. 1.1 For all parts of the project and all sections that follow, more details and requirements can be found in the Surveys Manual. 1.2 All surveys shall be reported in U. S. Foot unless specified otherwise. 1.3 Survey control used and established shall comply with AHTD requirements for the type of work being performed. Note: Hubs and tacks shall not be used for any purpose on this project. 1.4 Survey operations shall be conducted with due regard to the safety of personnel and equipment. Contact with the airport traffic control tower is mandatory during surveys at any controlled airports. 1.5 The Surveys Manual includes the following: • File Naming Procedures • Software Requirements • Point Numbering • Feature Codes • Survey Procedures for Control Surveys • AASHTOWareo SDMS° Configuration • AASHTOWare a SDMS° Sequences 1.6 Checklist - A hard copy and/or electronic copy (.doc or .docx) of the checklists and inventory sheets in Appendix F of the Surveys Manual shall be submitted. 1.7 The following information will be furnished by the AHTD: • One (1) copy of a location sketch, showing task project location; • One (1) copy of an aerial photo covering the task project location; Page 3 of 24 of Appendix D • One (1) copy of NGS Vertical Sheets for area around each task project location; • One (1) copy of GPS Control Data Forms for each task project location; and, 1.8 Any horizontal or vertical control work that requires using techniques other than GPS shall be collected and processed using AASHTOWare° SDMS° Collector and AASHTOWare0 SDMS° Processor, respectively, and using procedures required by the AHTD. Current procedures required can be reviewed in the Surveys Manual____ 1.9 Data shall be furnished to the AHTD as specified in the Surveys Manual as follows: • Collection data shall be in AASHTOWare R SDMS° .PRJ format. • Edited data shall be in AASHTOWare" SDMS° .EDI format. • Processed SDMS formatted data shall be in the AASHTOWare° SDMS° .PAC format • Control Point data shall be in AASHTOWare'i SDMS° .CTL format • Static GPS data shall be in RINEX Q.10 format. • RTK GPS data shall be in TRA413LE® .DC format. • Calculated RTK GPS data shall be in AASHTOWare° SDMS° .CAL format. 1.10 Proposals submitted shall include the following: • The estimated level of effort in man-hours • Hourly rate by classification • Overhead costs • Expenses • Total cost 1.10.1 Additional information to be included with proposals includes: • A list of the make and model of levels and level rods to be used for this project, if applicable. • A list of the make and model of total stations to be used for this project, if applicable. • A list of the make and model of GPS equipment to be used for this project, if applicable. 2. Static GPS 2.1 This part of the project consists of obtaining and submitting GPS Collection for Control Surveys, as detailed in the Surveys Manual as follows: 2.1.1 This survey shall observe the GPS Control stations along the task projects as listed in Table I, Control Surveys (Task Projects) for GPS Collection. 2.1.2 Static GPS techniques, approved by the AHTD, shall be used for this purpose. Page 4 of 24 of Appendix D 2.1.3 The Owner, prior to the start of the task project, shall set all GPS Control points in Arkansas. The Surveyor shall set all GPS Control points outside of the State Boundary. 2.1.3.1 All GPS control points shall consist of pairs of inter -visible points. One point shall be designated the station monument and one as an azimuth mark. 2.1.3.2 All GPS control points set shall consist of a 5/8" rebar with a 2 %2" aluminum cap. These caps will be furnished by the Department. Sufficient length of rebar shall be used to provide stability for the soil conditions encountered for ---- -- each point set with a minimum length of 48". Each point shall be stamped ------- according to the AHTD marking and numbering system. 2.1.4 Global Positioning System (GPS) shall be used to establish survey control on the task project. It shall be established from first order (1:100,000) NGS Geodetic Survey control points, Arkansas High Accuracy Regional Network points, and Continuous Operating Reference Stations (CORS) in the area based on NAD 83 (1997). First order (1:100,000) accuracy shall be maintained on all baselines. Procedures for GPS shall comply with those set out in Geometric Geodetic Standard and Specifications for using Relative Positioning Techniques, by the Federal Geodetic Control Committee, version 5.0 (Reprinted 8/l/1989), or later. 2.1.5 Data from the AHTD and other NGS National CORS in the region shall be used in the processing. 2.1.6 All data processing shall be done by AHTD or as specified in the task order. 2.1.7 The observing scheme shall be arranged so that for each station, the start time of one of the observing sessions shall be at least four (4) hours different from the other two. The observing scheme shall be arranged to ensure that adjacent stations are directly connected in at least one observing session, and at least half of all base lines are repeated. Three (3) sessions of two (2) hours each shall be observed on each control point. In order to provide a check, the equipment shall be broken down and reset with a minimum of 30 minutes between the three sessions. 2.1.8 A typical schedule for static GPS data collection can be found in the Surveys Manual. 2.1.9 Each station shall be occupied at least three times - twice at one observing window and once at the other. Adjacent stations shall be directly connected in at least one observing session, and at least one-half of all base lines shall be repeated. The CORS base lines shall be repeated. CORS data shall be used throughout the task project. NOTE: The observation schedule shall be provided to the Owner at the beginning of each task project and whenever the Surveyor revises the observation schedule. The GPS receivers and antennae shall be of geodetic quality collecting full - wavelength Ll/L2 Dual Frequency data and they shall be set to track satellites Page 5 of 24 of Appendix D down to a 15-degree elevation angle or lower. Data collection shall be accomplished as specified in the field utilizing a dual -frequency receiver in the compressed mode at a minimum of 15-second epoch collection interval. The model of the antenna used for observations shall be on the list of calibrated/modeled antenna by the National Geodetic Survey which can be found at: htt2://www.ngs.noaa.gov/ANTCAL/index.shtml. • The GPS system used shall produce Receiver Independent Exchange (Rinex) Version 2.10 data format which can be found at: htlp://www.n,gs.noaa.gov/CORS/rinex2lO.txt. The Surveyor shall provide the raw GPS data in the manufacturer's native format and in the RINEX v2.10 format. • The receivers used for network surveys shall record the full wave- length carrier phase and signal strength of both the Ll and L2 frequencies, and track at least eight satellites simultaneously on parallel channels. Dual frequency instruments are required for all baselines. Receivers should have sufficient memory and battery power to record six (6) hours of data at 15-second epochs. 2.1.10 Special Requirements - Antenna set-up is critical to the success of this task. Fixed -height tripods are preferred for all receivers. The plumbing bubbles on the antenna pole of the fixed -height tripod shall be shaded when plumbing is performed. They shall be shaded for three (3) minutes before checking and/or re -plumbing. Also, the perpendicularity of the poles shall be checked at the beginning of the project and any other time there is suspicion of a problem. When a fixed -height tripod is not used, the height of the antenna shall be carefully measured to prevent station set-up blunders from occurring. Tribrachs used for these set-ups shall be checked and adjusted when necessary. Totally independent measurements of the antenna height above the monument in both metric and English units shall be made before and after each session. Some GPS antennas have detachable ground planes and radomes. In order to help identify what exactly was used at a particular site, it would be useful to have a snapshot of the setup and, if possible, a close-up of the antenna as viewed from the side. The GPS antennas shall have stable phase centers and choke rings or large (> 16 cm) ground planes to minimize multipath interference. 2.1.11 A rubbing of the stamping of the mark shall be made at each visit to a station. If it is impossible to make a rubbing of the mark, a plan sketch or digital picture of the mark shall be substituted, to accurately recording all markings. 2.1.12 For each station visited, a visibility obstruction diagram shall be prepared and the TO -REACH description carefully checked for errors or omissions. 2.1.13 The following shall be recorded at each occupation of a station: • receiver manufacturer; • antenna manufacturer; Page 6 of 24 of Appendix D • receiver model number (part number); • antenna model number (part number); • the complete serial number of the receiver, and; • the complete serial number of the antenna; • antenna heights. 2.1.14 Success of this task requires that the highest quality GPS data be collected. Therefore, during each station occupation, the operators shall carefully monitor the operation of the receivers. Any irregularities in the data due to equipment malfunction, DOD adjustment of the satellite -orbit, obstructions, - - -- -- etc., shall be reported to the Surveys Division Staff Person as specified in the Task Order. 2.2 The following additional information is attached: One (1) copy each of GPS Control Observation Log Form, GPS Recovery Form, GPS Visibility Form, and GPS Pencil Rubbing Form. 2.3 In lieu of submitting the checklists and inventory sheets in Appendix F of the Surveys Manual, the GPS Forms listed above shall be submitted for each session and for each station. 2.4 The Surveyor shall submit a proposal by the date specified, for performing GPS Collection Surveys on each project. 3. Photogrammetry Mapping Targets 3.1 This part of the project consists of obtaining and submitting Photogrammetry Mapping Targets Collection for Control Surveys, as detailed in the Surveys Manual as follows: 3.1.1 This survey shall be data collection on the Photogrammetry Mapping Targets for the task projects as listed in Table II, Control Surveys (Task Projects) for Photogrammetry Mapping Control. 3.1.2 The Owner's Photogrammetry Section, prior to the start of the task project, shall determine whether the task project is a Photo Identifiable Point (pick) or a target project. 3.1.3 If determine to be a "TARGET" project, then the following shall apply: 3.1.3.1 Target Material shall be supplied by the owner. 3.1.3.2 Targets shall be placed in an open area within 100 feet of the location shown on the photograph provided. 3.1.3.3 The target shall be placed on the ground in a plus "+" shape with three (3) foot legs. The orientation of the legs does not matter except that each leg shall be 90 degrees from the previous leg. The length from one leg end to an opposite end shall be six (6) foot. NOTE: If the task project is designated as High Altitude, then twelve -foot (12') targets shall be utilized with six (6) foot legs. Page 7 of 24 of Appendix D 3.1.3.4 At the center of this target shall be placed a 5/8" x 24" rebar with a 2" aluminum cap as designated in the Surveys Manual. The owner, if requested by the Surveyor, shall supply these materials. 3.1.3.5 If the target can be placed such that it is painted on asphalt then a concrete nail can be placed at the center in lieu of the cap and rebar. 3.1.3.6 The following information shall be placed on the target: • Job Number (as listed in Table II) • Point Number (as listed on the photo) • AHTD Surveys Division (501) 569-2341 3.1.3.7 If requested by the property owner, the Surveyor shall return to the job site and remove the target material after the task project has been flown and all targets have been located on the photograph. 3.1.3.8 As soon as all targets have been placed on the project, the Surveyor shall contact the Section Head of Photogrammetry at (501) 569-2410 and the Surveys Division Staff member who is responsible for this project as specified in the current Surveys Manual. 3.1.4 If determined to be a "PICK" project then the following shall apply: 3.1.4.1 If the pick location is within the AHTD right-of-way and will be used for primary control, place a 5/8" x 24" rebar with a 2" aluminum cap, stamped as designated in the Surveys Manual, at the location designated on the photograph. The owner, if requested by the Surveyor, shall supply these materials. 3.1.4.2 If the pick location is within the AHTD right-of-way and the surface is asphalt, then a concrete nail can be used to designate the spot. 3.1.4.3 If the pick location is within the AHTD right-of-way but not suitable for permanent marking, as described above, then a suitable temporary mark shall be made so that all required information can be collected. 3.1.4.4 If the pick location is not within the AHTD right-of-way then a suitable temporary mark (point) shall be identified and all the required information collected at that mark. 3.1.5 When collecting information of the "pick" target or placing a target on private property, which is the case on many of the targets, the Surveyor shall contact the property owner. The property owner shall be made aware that the target is for aerial flight control only and not necessarily the center of the highway improvements. 3.1.6 If personal contact cannot be made, a copy of the notification form shall be left at the in an "easy to be seen" location on the property. This form is found in the Surveys Manual. 3.1.7 If the Horizontal Panel Targets (HPT) is to be part of the primary control network, then they shall have elevations run to them using AASHTOWare SDMS° and three (3) wire level techniques. Page 8 of 24 of Appendix D 3.1.8 All Vertical Panel Targets (VPT) are to have elevation loops run to them using AASHTOWareo SDMS" and three (3) wire level techniques. Certain GPS techniques, if approved by the AHTD in advance, may be used for this purpose. If approved in advance, RTK GPS or Rapid Static GPS may be done in lieu of running elevations to Vertical Panel Targets. 3.1.9 All Horizontal Panel Targets (HPT) are to be traversed in using an EDM. This traverse shall be a closed loop from either the GPS Control points or the primary control. Certain GPS techniques, if approved by the AHTD in advance, may be used for this purpose. If approved in advance, RTK GPS or Rapid Static GPS may be done in lieu of running traverse to Horizontal Panel Targets. 3.2 The Surveyor shall submit a proposal by the date specified, for performing Photogrammetry Mapping Control Surveys for each project. 4. Vertical Control Surveys — Elevation 4.1 This part of the project consists of obtaining and submitting Vertical Data Collection for Control Surveys, as detailed in the Surveys Manual as follows: 4.1.1 This survey shall be vertical data collection to and through the task projects as listed in Table III, Control Surveys (Task Projects) for Vertical Control. 4.1.2 Vertical control shall be established from a minimum of two (2) NGS First or Second Order vertical control monuments and shall be based on NAVD 88 Datum. Three -wire leveling shall be used to establish vertical control to and within the task project limits for benches and control points as detailed in Surveys Manual. An approved automatic level and a high quality wood Philadelphia type rod with readings made to the thousandth (##.###) or approved digital level and approved bar code rod shall be used on all projects. 4.1.3 The Surveyor shall establish vertical control points on this task project. Each control point shall have an elevation established using three (3) wire level techniques. 4.1.4 As detailed in the Surveys Manual, vertical control points are to be set as follows: 4.1.4.1 Every 1/Z mile to the task project location and every 1/ mile within the task project location. 4.1.4.2 On every major culvert and bridge to and within the task project location. 4.1.4.3 All primary control points and random traverse points. 4.2 The following additional information is attached: 4.2.1 One (1) copy of AHTD existing job control points designated as to which need elevations. Page 9 of 24 of Appendix D 4.3 An elevation control plan shall be prepared and accompany the estimate. The plan shall include a narrative and a layout on an at least 1 "=2000' aerial photograph or USGS Quadrangle sheet. The plan shall include: • The NGS Bench Marks found and to be used. • The elevation control route proposed. • The types and proposed locations of the marks to be established along the elevation control route. 4.4 The Surveyor shall submit a proposal by the date specified, for performing Vertical Control Surveys on the project. _ 4.5 If the government datum is more than two (2) miles from task project site, then the Surveyor shall provide the estimated cost and length of 3-wire level runs required to tie the task project to the government datum as detailed in the Surveys Manual. The Surveyor shall submit a proposal by (Date), for performing Vertical Control Surveys to the actual task project location. 5. Horizontal Control Surveys — Traverse 5.1 This part of the project consists of obtaining and submitting Horizontal Data Collection for Control Surveys, as detailed in the Surveys Manual as follows: 5.1.1 This survey shall be horizontal data collection on the control points for the task projects as listed in Table IV, Control Surveys (Task Projects) for Horizontal Control. 5.1.2 All horizontal traverse work shall be performed with an approved total station utilizing AASHTOWare R SDMS° Collector shall be used for all traverses. The traverse shall be a closed loop from either the GPS Control points or the primary control with adequate redundant ties between control points to perform a least squares analysis of the data. Certain GPS techniques, if approved by the AHTD in advance, may be used for this purpose. If approved in advance, RTK GPS or Rapid Static GPS may be done in lieu of running a conventional traverse. 5.1.3 The Surveyor shall establish control points on this task project. Field generated control includes adequate control points on the ground to correctly geo-reference any alternatives, if part of the task project. Control points shall be inter -visible at distances no less than 400 feet and no greater than 800 feet apart. Any variations less than or more than the stated distances shall be justified and approved by Surveys Division. 5.1.3.1 Each control point set shall have an elevation established using three (3) wire level techniques. 5.1.3.2 Control points shall consist of a 5/8" x 24" rebar with a 2" aluminum cap as designated in the Surveys Manual. The owner, if requested by the Surveyor, shall supply these materials. 5.2 The following additional information is attached: Page 10 of 24 of Appendix D 5.2.1 One (1) copy of AHTD existing job control points designated as to which need horizontal coordinates. 5.3 The Surveyor shall submit a proposal by the date specified, for performing Control Surveys - Horizontal for this project. Section II - DESIGN SURVEYS Section II A - Topography and Terrain Data Projects consisting of performing Topographic & Digital Terrain Model Surveys shall be completed and submitted no later than the date specified in the Task Order. Ample time shall be scheduled and adequate resources dedicated to the project to complete the Topographic and Digital Terrain Model surveys by the submittal date. Completion includes submittal of 100% of Topographic and Digital Terrain Model surveys. This includes all additional field work and data editing required to complete this project task specified. This part of the project consists of obtaining and submitting Topographic, and Digital Terrain Model Surveys, as detailed in the Surveys Manual as follows: 1.1 Obtain all pertinent topographic data. (Refer to Digital Terrain Modeling section of Surveys Manual. 1.2 Set control references (Resection References) for the project. The reference monuments shall be set following procedures as described in the Surveys Manual. 1.5. All design surveys will be U.S. Foot unless specified otherwise. 1.6. Land Ties as described in the surveys manual. Note: Land Ties (are) (are not) required for this project 1.7. Utility surveys to locate all above ground and below ground utilities. Procedures as described in the Surveys Manual shall be followed. All surveys shall comply with AHTD requirements and shall be performed under the responsible charge of the Surveyor certified for the design survey task. I.S. Subsurface Utility Engineering (SUE) - A qualified SUE contractor shall be used for this type work. On -call survey consultants may team with a SUE contractor to provide this service. The requirements for SUE contractors follow. The Consultant/Team shall provide accuracy and economy in project -driven utility inventories, conflict assessment, and utility relocation management, through the application of Subsurface Utility Engineering technologies. The scope will include providing drawings of the utilities in accordance with Cl/ASCE Standard 38-02. Quality Level D, record drawings will be obtained on all utilities within the possible ROW. Quality Level B information will be obtained on all utilities which potentially may remain in the possible ROW. Quality Level A, Test Holes, will be obtained on potential conflict points. Page 11 of 24 of Appendix D At least one Principal or a Responsible Member of the Subsurface Utility Engineering firm must be a Professional Civil Engineer registered in the State of Arkansas. The principal or responsible member shall have at least 5 years experience managing Subsurface Utility Engineering services in support of roadway design on transportation projects and corresponding support staff. All surveys shall comply with AHTD requirements and shall be performed under the responsible charge of the Surveyor certified for the design survey task. 1.9 Field surveys for all drainage structures, includingL bridges. Procedures as described in the Surveys Manual shall be followed. Note: Valley Sections are not required for this project. 1.10 Mobile LiDAR Services — Survey Grade — A qualified mobile LiDAR contractor that uses the Terrapoint Titan Sensor System or Optech Lynx Mobile Mapper system, or equal, that provides survey grade mobile LiDAR services for pavements and other topographic features may be used when requested. The mobile LiDAR system shall meet all accuracy requirements for providing this service. 1.11 Provide a hard copy of the checklists and inventory sheets in Appendix F of the Surveys Manual. 2. The following information is attached: 2.1 One (1) copy of a location sketch, showing project location. 2.2 One (1) copy of an uncontrolled aerial photo, at a scale of 1 in.=200ft (approximate), covering the project location, and outlining the minimum limits for the Topographic and Digital Terrain Model Survey. 2.3 Horizontal and vertical control data — any GPS Control Data Forms; other horizontal control data; and, vertical control data that shall be used for this project. 2.4 The Surveys Manual will include the following: • File Naming Procedures • Software Requirements • Point Numbering • Feature Codes • Survey Procedures for Topographic Surveys • Land Ties • SDMS Configuration • SDMS Sequences • Checklist 3. The Surveyor shall submit a proposal by the date specified, for performing Topographic and Digital Terrain Model Surveys on this project. The proposal shall include the following: • The estimated level of effort in man-hours • Hourly rate by classification Page 12 of 24 of Appendix D • Overhead costs • Expenses • Total cost The Surveyor shall also provide the estimated cost and length of 3-wire level runs or digital level runs required to tie the project to government datum as detailed in the Surveys Manual. This estimate shall be entered separately and shall also be included in the total estimate price. Section II B Photogrammetry Aerial Photogrammetry and Digital Terrain Model (DTM) and Mapping (Design Level). Obtain new low altitude aerial photography flown at an altitude of 1800 feet above mean terrain level (1:3600 Photo Scale Reciprocal). Perform ground support GPS control, airborne GPS, analytical aerotriangulation, DTM, topographic mapping, and prepare digital orthophotos for the design alignment with a map scale of one inch equals fifty feet (1" = 50'). The mapping corridor shall be a minimum of 1000 feet wide on each side of the preferred alternative alignment location. Photogrammetry is to be performed using Grid Coordinates based on the Arkansas State Plane Coordinate System Zone in which the project is located. Photogrammetry shall be furnished to the AHTD in Intergraph ISPM format. Section III - LAND SURVEYS Section IIIA - Title Services 1. This part of the project consists of furnishing the Arkansas Highway and Transportation Department, Surveys Division, with current ownership data, including: certificates, deeds, surveys, subdivision plats, and strip map for properties that are or may be involved. The individual(s) performing this task shall have a current license as an Abstractor in the State of Arkansas. 1.1 The work required to be performed and furnished to the Surveys Division by the abstractor is as follows: a. Certificates of Title: A Certificate of Title shall be furnished for each parcel of land fronting or touching each side of the highway along the length of the project. A copy of the record legal description of any contiguous lands owned by the person or persons listed in the certificates of title shall also be furnished. Each certificate will be for the current ownership as of the date of the certificate of title is prepared for this project and shall contain the following data: • AHTD Job Number; • AHTD Job Name, Review Date; • County, Page 13 of 24 of Appendix D • Grantee(s) Name and Address; • Parcel (tax) ID; • The Section/Township/Range, with correct cardinal direction (N,S/E,W), • Land Value; • Improvements Value; • Area (acres); • Type of Instrument; • Date of Instrument; • Date Filed; • Record Book and Page and/or Instrument Number; • Grantor(s) name(s) • The Record Description per the deed. • A Certificate Number shall be assigned and shall be displayed in the lower right hand corner of each certificate. Certificate numbers shall be grouped together for all parcels within each land section and within each subdivision involved. The certificates with corresponding deeds are to be numbered and indexed by number and the owner's name. The certificates are to be furnished in booklet form with the index at the front of each booklet. The name, address and telephone number of the abstracting firm is to be on the index as well as on each certificate. Certificates are to be prepared on forms similar to the attached sample form. b. Deeds: An actual legible copy of each deed, (either photo copied or scanned), including acknowledgments, stamps, and recording data is to be furnished for each parcel and contiguous lands. c. Survey Plats: Where deeds refer to surveys by a surveyor, a complete and legible copy (border to border) of the surveyor's plat is to be furnished. All other related surveys that come to light during the course of research are also to be furnished. d. Subdivision Plats: Where parcels are deeded per subdivision plats of record or where deeds make reference to subdivision or survey plats, either recorded or unrecorded, complete and legible copies (border to border) of said subdivision or survey plats are to be furnished, along with any accompanying bills of assurance. All other related subdivision plats that come to light during the course of research are also to be furnished. e. Strip Map: A strip map shall be made and furnished similar to the attached example. The strip map is to show the approximate location of the highway project, as well as all intersecting streets, roads and highways, including their names and/or numbers. The relative location of the parcels with their certificate numbers is to be shown. A geo-referenced Microstation DGN file is preferred (may be required in the future). Where the parcels are described by metes and bounds, their relationship is to be shown within sixteenth sections, section, township and range. Where the Page 14 of 24 of Appendix D parcels are described within subdivisions, either recorded or unrecorded, their relationship within the subdivision is to be shown. This includes certificate numbers, lot and block numbers, street names, and subdivision names. The approximate boundaries of subdivisions are to be delineated on the strip map. The strip map is to be plotted at a scale large enough to show deed calls. The Section/Township/Range, with cardinal direction (N,S/E,W), shall be shown on each sheet of the strip map. 1.2 Title services must be completed and delivered on or before (Date). Submittals - - - are to include one copy of each certificate booklet and strip map, along -with- one copy of each survey plat, subdivision plat, and bill of assurance. Submittals are to be sent to the Engineer of Surveys Division. The address to use depends on method of delivery as follows: Standard Mail Kit Carson, PE, PS Engineer of Surveys Division Arkansas Highway and Transportation Department P.O. Box 2261 Little Rock, AR 72203 Shipped — (UPS, Federal Express, etc.) Kit Carson, PE, PS Engineer of Surveys Division Arkansas Highway and Transportation Department 10324 Interstate 30 Little Rock, AR 72209 2. Invoices for work completed on this project shall include: • Job name and number • Designated as Title Services • Federal Tax ID Number • Billing period dates • Total earned for the period • Total amount due for the period A sample invoice may be furnished by the Surveys Division. NOTE: It is not necessary to follow the format shown on the attached sample invoice. However, it is necessary the items listed above be included on your invoices. 3. A completed Microsoft° Excel spreadsheet for each billing period shall accompany each invoice. The actual Excel file, furnished by the Department, will be based on the Surveyor's approved estimate. This file will be furnished to the Surveyor once a contract has been signed by the AHTD. The Excel spreadsheet will be sent by E- mail. A sample Microsoft° Excel spreadsheet is attached. Page 15 of 24 of Appendix D Section 11113 - Land Surveys (Parcel Surveys) for Right of Way Acquisition 1 This portion of the project consists of performing Land Surveys within the limits of the project. The work performed and plats prepared and furnished shall meet the current Arkansas Minimum Standards for Property Boundary Surveys and Plats as well as AHTD requirements. The Surveyor performing the work shall be on the current list of those certified to perform land surveys for the AHTD. 1.1 The Surveyor shall coordinate the work and allocate sufficient time to complete and submit the Land Surveys at the 100% level no later than the date specified in the Task Order. 1.2 Any revisions or corrections required by the Owner in the submitted data shall be made by the Consultant and resubmitted to the Owner within two weeks of notification of such revisions. 2. The work required to be performed by the Surveyor will be as follows: 2.1 Establish field survey ties to pertinent land monuments, property corners and existing right of way monuments using the feature IP and as described in the Surveys Manual. 2.2 Prepare all drawings, maps and plats using the Bentley Systems, Inc., Microstation Inroads, Version 8.9/SP2 and Microstation Version 8.5 or higher. The cell library, seed files, feature table, and preference tables furnished by the Department shall be used. This data shall be archived and emailed on the Thursday of each week. These files are to be sent to: mailto:surveysupportCc�arkansashighwa sy com. The design files (.DGN) graphics and geometry database (.ALG) shall be in the format prescribed, based on using Bentley Inroads, Version 8.9/SP2 or higher, as specified in the information that follows: Bentley Inroads Land Survey coordinate geometry (cogo) and worksheets shall be developed using Bentley Inroads are as follows: • Point Number Range based on the feature code shall be as described in the Surveys Manual. • Feature Codes shall be used as specified in the Manual or in the Project Scope. • Complete point descriptions and all pertinent and required attributes shall be stored and displayed for each tied or calculated point necessary to define that specific point or geometry chain. • Coordinate geometry (cogo) commands shall be utilized to compute geometry points and elements. • Graphic intersection commands shall not be used to create geometry points. • All alignment points shall be stored as coordinate geometry points. Page 16 of 24 of Appendix D • All parcel tracts shall be stored as closed polygon alignment chains. • All computed points not used are to be deleted from the data base. • Surveyor's notes, text notes, and any legal descriptions displayed on the worksheet and/or plat shall be part of the Microstation DGN file. Specific requirements are defined elsewhere in this document. • All pertinent graphical data shall be within the particular DGN file being submitted, to include project data, text, and sheet borders. Topographic survey data may be in a referenced DGN file. • The Design History shall be turned -on for all Microstation design (.DGN) files. • The COGO Audit Trail lock shall be utilized to record coordinate geometry commands. This command is available for Bentley InRoads Version 8.11.07 and higher. Data Files to be furnished • Complete database of points, survey chains, alignment chains, and text elements in ALG format (See Note above in this section). • Finished graphics of points, survey chains, alignment chains, and text elements actually used saved as a DGN and the text files as specified in the Surveys Manual. See Appendix J of the Surveys Manual for details. • Points with all pertinent and required attributes — SDMS PAC format and Inroads ALG format. See Appendix J of the Surveys Manual for details. • Survey Chains o SDMS PAC format o Inroads ALG format. • Alignment Chains (figures based on coordinate geometry and used as boundary lines with bearing and distance) and chain descriptions o Inroads ALG format • Individual sheets shall be saved in DGN format. • Text file (.atf) of Coordinate Geometry commands (Audit Trail) used to create points and alignments. Surveyor's and Other Text Notes All of the Surveyor's notes and other pertinent text notes and any legal descriptions written shall be displayed on the worksheets and/or plats. 2.3 Reproducible sheets in 11"xl7" size shall be provided as a hard copy and electronic form on compact disk in the Microstation DGN format prescribed above. The CADD and hard copy drawings shall include the following: 2.6.1 Section lines, quarter and quarter -quarter section land lines and established land corners found and computed. Corners shall be described as shown in Chapter IV of the Manual of Surveying Instructions, 2009 Edition, U.S. Department of Interior BLM; the Handbook for Arkansas Land Surveys, 2"d Edition, 19 8 1: and, as described in the Surveys Manual. Page 17 of 24 of Appendix D 2.6.2 Ties to corners, monuments, corner accessories and other relevant witness information which control the location of said 1/16 section lines and corners; the surveyor's basis of acceptance and/or computations thereof, and the originating source of found monument. A digital photograph shall be taken and submitted for all monuments with PLSS designated markings, or other pertinent markings. Identifiable marks include, but are not limited to: caps on rebars, pipes, etc.; stones whether scribed or not. It is not necessary to submit photographs of monuments that have only a PS number designation. 2.6.3 Complete descriptions for said 1/16 corners, whether found or computed, using PLSS designations, as shown in the Surveys Manual. 2.6.4 1/16 Sections named and bearing and distance shown an all sides. 2.6.5 The existing right of way centerline and right of way lines noted, annotated and described. 2.6.6 The construction centerline if furnished by the Owner. 2.6.7 Property lines, with bearings and distances, and platted additions or subdivisions with lot and block numbers. 2.6.8 All pertinent topography located during Design Surveys and Land Surveys. 2.6.9 Description of land corners and property corners tied and other physical evidence of land lines; the basis of acceptance and/or computations thereof; and, the originating source of any found monument. 2.6.10 Easements of record shall be shown on the plat. 2.6.11 All gaps and overlaps found shall be clearly identified. An explanation for the gaps and overlaps shall be included in the surveyor's notes 2.6.12 Point number assigned to each point tied or computed. Computed points shall use the LC feature code for graphics and the point number range as described in the Surveys Manual. 2.6.13 Existing Right of Way for a roadway, if applicable, that has been established using existing monumentation and/or by computation. The geometry chain (figure) delineating the existing right of way, as established, shall use the line feature code of RE. 2.6.14 Basis of bearings and coordinates, based on the designation described in the Surveys Manual. 2.6.15 Surveyor's Report (Sample copies of the format required is available). 2.7 Sheet Scales — The CADD graphics and hard copy sheets shall be set up and submitted as 11" x 17" size sheets. The text shall be of a sufficient font (size) that it is legible on an 8.5" x 11" sheet when reduced on a copier. All sheets scales shall be standard Engineering scales. All sheets shall have the required information as follows: 2.7.1 Section subdivision (section breakdown) sheets shall be submitted separate from the parcel sheets. Section subdivision shall be by 1/16 Section. Each Page 18 of 24 of Appendix D sheet shall contain all information specified earlier in this section, and shall also include the location of the proposed construction centerline, if applicable. The scale used is determined by the amount of information required to justify and explain the methods and results being submitted. 2.7.2 Parcel sheets - Complete data is to be submitted to the Owner, consisting of a closed polygon for each parcel of property from which the Owner can prepare plans and property descriptions for the purchase of highway right of way. Each sheet may display as many ownership certificates as practical based on the scale used. The scale used is determined by the amount of information required to justify and explain the methods and results being submitted. Enlarged detailed sketches should be included on sheets with congested areas. 2.8 Parcel work sheets and preliminary parcel sheets shall be submitted for review and approval at the following phases of development: • Phase I Preliminary Subdivision of Sections (Sectional Breakdown), including pertinent surveyor's notes. • Phase II Determination of any existing Rights of Way, including pertinent surveyor's notes. • Phase III Any conflicts in ownership encountered (Gaps, overlaps, etc.). • Phase IV Preliminary parcel sheets. 2.9 The data shall be submitted in the formats specified to the Engineer of Surveys Division. The raw field data files (PRJ) and edited files (EDI) shall be emailed daily to the Surveys Division Office. CADD files shall be archived and emailed weekly to the Surveys Division Office. This data shall be sent as previously specified in this document. Hard copies of plats for review, as well as the final submittal of all data in the formats specified for the project shall be sent for delivery as follows: Standard Mail Kit Carson, Engineer of Surveys Division Arkansas Highway and Transportation Department P.O. Box 2261 Little Rock, AR 72203 Shinned — (UPS. Federal Express. etc.) Kit Carson, Engineer of Surveys Division Arkansas Highway and Transportation Department 10324 Interstate 30 Little Rock, AR 72209 Discussions necessary to resolve issues may be handled via teleconference. Complex issues may require "face to face" conferences to resolve. 3. Static, Rapid Static, or RTK GPS may be approved for establishing control on a case -by -case basis. All GPS procedures and techniques shall be submitted to the AHTD for review and approval prior to performing any of this type work. The Page 19 of 24 of Appendix D AHTD will not pay for any time or materials for any GPS type work done without prior approval. Minimum requirements for GPS require that all receivers used be capable of collecting data from the L1 and L2 carrier signals. GPS data shall be furnished to the AHTD as follows: • GPS collection data for control applications shall be in Trimble DAT (raw observations) and Trimble DC (point name and attributes) file formats. • GPS Computed data shall be in SDMS points and chain (PAC) format. _Current requirements prohibit using RTK for land monument positioning. The Surveyor shall be certified for GPS control surveys to be considered for Land Survey applications. 6. The following information is attached or has been previously submitted: • One (1) copy of existing Roadway or Right of Way plans showing existing right-of-way. • Sample copy of parcel survey drawings and/or right of way maps. • One (1) copy of property descriptions located along and adjacent to the highway and within the job limits. • One (1) copy of preliminary highway construction plans and/or mapping if available. • One (1) copy of General Land Office (GLO) plats of the area. • One (1) copy of aerial photographs, at a ratio of 1:9600, to cover the project area. • Sample copy of weekly progress report. • Sample invoice. • Sample Microsoft° Excel spreadsheet. Section IIIC - Right of Way Staking The Right of Way shall be staked for acquisition on each tract requested by Right of Way Division as specified in the Survey Manual. AHTD vinyl flags with the proper designations shall be used for this task. Section IIID - Right of Way Monumenting and Final Plats 1.1 The Right of Way shall be monumented after property is acquired and with the approval of the AHTD to proceed. Monuments shall be set at all Right of Way breaks, and at all property lines and "40 Acre" lines crossed by the Right of Way line. Land corners, such as Section Corners, Quarter Corners, and 1/16t' Corners used as the basis of legal descriptions shall also be set, if required by the AHTD. Each point shall be set using the monument assembly and stampings prescribed and according to AHTD procedures described in Surveys Manual. A monument assembly consists of - Page 20 of 24 of Appendix D • Monument Shaft - 5/8" diameter rebar of sufficient length for the monument to be set firmly in the ground. Minimum length shall be 24 inches, unless grouted in solid rock or set in concrete. The length used shall be approved by the AHTD. • Monument cap — 2" aluminum flat cap, stamped as directed by the AHTD. • Witness post and sign. Exceptions will be approved on a case -by -case basis and in locations specified by the Surveys Division of AHTD. _- Standard monument -materials will be furnished by the AHTD. This includes rebar, 2" caps, witness post, and sign. Monument caps with specific stampings will be used. Most of the information is pre -stamped on the cap. The Surveyor shall notify the Surveys Division of the number of monument caps for each required designation necessary for this project. The PS Number of the Surveyor may be added if the number of caps required justifies. Materials may have to be special ordered for this project. Therefore, the Surveys Division shall be notified a minimum of 45 days prior to the date field monumenting is expected to commence with the quantities of material and cap designations needed to allow adequate time to acquire the materials to complete this task. 1.2 Coordination with Resident Engineer The Surveyor shall maintain correspondence with the Resident Engineer that is responsible for this project. The Surveyor shall send a representative to the pre -construction meeting held with the Resident Engineer. This meeting may be used to coordinate scheduling for final right of way monumentation. 1.3 Final Plat A final plat shall be prepared using the requirements that apply described in the section for parcel work sheets. The plat shall show all pertinent topography, both roadway and structures, and all monuments set including the markings placed on each cap. The Surveyor performing the work shall be on the current list of those certified to perform land surveys for the AHTD. The plat shall meet the current Arkansas Minimum Standards for Property Boundary Surveys and Plats as well as AHTD requirements. Therefore, it may be necessary to incorporate information contained on the parcel worksheets and the right of way plans to complete the final plat. The boundary lines shown on this plat shall not have the word "Proposed" as used on the plans for right of way acquisition. The plat shall be sealed (stamped) by the Surveyor who has oversight over the project as well as the Professional Surveyor responsible for establishing the monuments if not the same. Page 21 of 24 of Appendix D The final plat shall be recorded in the State Land Surveyor's Office. Each plat sheet shall have an instrument number assigned by the State Land Surveyor's Office and the date affixed by an official in the State Land Surveyor's Office. Original versions of the recorded plat(s), as well as the electronic files for those plat(s), shall be furnished to the Surveys Division of the AHTD. Copies of the recorded plat(s) shall be furnished to the Right of Way Division of the AHTD, and, the Circuit Clerk's Office of the county or counties involved if the Circuit Clerk requests the plats. Page 22 of 24 of Appendix D Appendix D-I Accounting Procedures Travel Expense Procedures — State Travel Regulations issued by the AHTD: 1.1 Travel Day — For the Purpose of these regulations, the "calendar day" for travel shall commence at 6:00 A.M., and shall include (1) breakfast, (2) lunch, (3) dinner, and (4) one night's lodging; and the travel "day" shall end at 6:00 A.M. the following morning. It should be remembered that the travel "day" as defined here applies to the traveler who is already in the field, in full travel status. Normally, at the beginning of the travel period, the traveler will commence his field trip "after" breakfast, and at the end of the trip he will normally return "before" dinner. 1.2 Maximum Daily Limits on Meals and Lodging (Not Per Diem): The maximum daily allowance for meals and lodging are those rates which are established and set forth in the General Services Administration's Federal Travel Directory, except for the reduced rate for Arkansas which was determined by the Department of Finance and Administration. For each calendar day in full travel status, when all four items of breakfast, lunch, dinner, and lodging are included, the maximum daily allowance will be the actual expenses incurred, limited to the standard rate set by the Fiscal Services Division of the AHTD. Partial days shall be charged based on the statewide rates (plus state and local taxes) or specified rates set by the Fiscal Services Division of the AHTD. A copy will be furnished upon request. Note: Travel reimbursement IS NOT a per diem, and is to be claimed for actual expenses for meals and lodging not to exceed the maximum allowable rates. The maximum must not be claimed unless the actual expenditures for such purposes equal or exceed the maximum allowable rate. Reimbursement for meals without overnight travel is not allowed. 1.3 Vehicle Allowance: The rate of reimbursement for vehicles used on State projects will be as specified by the Fiscal Services Division of the AHTD. Each ' invoice shall be for the services rendered within this agreement since the last invoice submitted. A ten percent (10%) retainage shall be shown on each invoice. Each invoice shall be accompanied by a spreadsheet showing the charges and retainage for each billing period in addition to the total charges and retainage to date. The retainage will be held for approximately one month after completed data is submitted. A final invoice can then be submitted for the retainage. Pending further review that requires revisions and corrections, the final invoice will be approved for payment. Invoices for work completed on this project shall include: • Job name and number • Designated as design survey Page 23 of 24 of Appendix D • Federal Tax ID Number • Billing period dates • Total earned for the period • Total amount due for the period A sample invoice is attached. Note: It is not necessary to follow the format shown on the attached sample invoice. However, it is necessary the items listed above be included on your invoices. A completed Microsoft° Excel -spreadsheet for each billing period shall accompany each invoice. The actual Excel file, furnished by the Department, will be based on the Consultant's approved estimate. This file will be furnished provided to the Consultant once a contract has been signed by the AHTD. The Excel spreadsheet will be sent by E- mail. A sample Microsoft° Excel spreadsheet is attached. Appendix D-II ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT NOTICE OF NONDISCRIMINATION The Arkansas State Highway and Transportation (Department) complies with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 and other federal equal opportunity laws and therefore does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in admission or access to and treatment in Department programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to James B. Moore, Jr., Section Head - EEO/DBE (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569- 2298, (Voice/TTY 711), or the following email address: lames.mooregarkansashi�Ways. com. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. APPENDIX D General Scope of Work for CSUR DSUR and PSUR 02162011 Page 24 of 24 of Appendix D