HomeMy WebLinkAbout64-16 RESOLUTION113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Resolution: 64-16
File Number: 2016-0095
RFQ #15-04 BURNS & MCDONNELL ENGINEERING COMPANY, INC.:
A RESOLUTION TO AWARD RFQ #15-04 AND AUTHORIZE A CONTRACT WITH BURNS &
MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $557,695.00
FOR ENGINEERING SERVICES ASSOCIATED WITH THE SAM STREET EXTENSION FROM
NORTH FRONT STREET TO VANTAGE BOULEVARD, AND TO APPROVE A BUDGET
ADJUSTMENT
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 awards RFQ #15-04 and
authorizes a contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed
$557,695.00 for engineering services associated with the Sain Street extension from North Front Street to
Vantage Boulevard.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment,
a copy of which is attached to this Resolution.
PASSED and APPROVED on 3/15/2016 ��` ; •.G\j Y �OF'�s%�
-U• FAYETTEVILLE•° =
Appro �ci: Attest: �
Lioneld lords or Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on
3/16116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0095
Agenda Date: 3/15/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 9
RFQ #15-04 BURNS & MCDONNELL ENGINEERING COMPANY, INC.:
A RESOLUTION TO AWARD RFQ #15-04 AND AUTHORIZE A CONTRACT WITH BURNS &
MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED
$557,695.00 FOR ENGINEERING SERVICES ASSOCIATED WITH THE SAIN STREET
EXTENSION FROM NORTH FRONT STREET TO VANTAGE BOULEVARD, AND TO
APPROVE A BUDGET ADJUSTMENT
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 awards RFQ #15-04 and
authorizes a contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed
$557,695.00 for engineering services associated with the Sain Street extension from North Front Street
to Vantage Boulevard.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 3/1612016
City of Fayetteville Staff Review Form
2016-0095
Legistar File ID
3/15/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Paul Libertini 2/26/2016 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
A Resolution to approve an Agreement with Burns & McDonnell Engineering Company, Inc. in the amount of
$557,695.00 for professional services associated with the design of Sain Street Extension from N. Front Street to
Vantage Boulevard, and to approve a Budget Adjustment.
Budget Impact:
4520.9555.5314.00
Account Number
06035.3400
Transportation Bonds
Fund
Sain Street Construction
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? Yes Item Cost $ 557,695.00
Budget Adjustment Attached? Yes Budget Adjustment $ 557,695.00
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
Tay s
,01 T le
ARKANSAS
MEETING OF MARCH 15, 2016
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Engineer-��
DATE: February 26, 2016
SUBJECT: A Resolution to approve an agreement with Burns & McDonnell
Engineering Company, Inc. in the amount of $557,695.00 for engineering
services associated with the Sain Street Extension from N. Front Street to
Vantage Blvd., and to approve a Budget Adjustment.
RECOMMENDATION:
Staff recommends City Council approval of an agreement with Burns & McDonnell Engineering
Company, Inc. (Burns & McDonnell) in the amount of $557,695.00 to provide professional
services to design the extension of Sain Street to connect to Vantage Drive and the
authorization for the Mayor to execute said agreement, and approval of the attached Budget
Adjustment. The executed agreement will then be sent back to AHTD for approval by FHWA
and obligation of federal funds.
BACKGROUND:
Federal -aid Surface Transportation Program -Attributable (STP -A) funds are now available to
Northwest Arkansas after the Census Bureau determined the urbanized population to be over
200,000 and the FHWA designated Northwest Arkansas as a Transportation Management Area
(TMA). In becoming a TMA, the Northwest Arkansas Regional Planning Commission, of which
Fayetteville is a member, will have STP -A discretionary funding available at approximately $7M
per year. Under current legislation, these STP -A funds can be utilized for all permitted
transportation projects at the discretion of the TMA Policy Committee.
An application for federal funding of the Sain Street Extension between N. Front Street and
Vantage Boulevard was submitted to and selected by the Northwest Arkansas Regional
Planning Commission (NWARPC). On September 24, 2014, the NWARPC approved funding of
the design phase for $320,000 (80%) from STP -A funds, but the City must provide a minimum
20% local match of $80,000 for a total of $400,000. Other project phases such as right-of-way,
utilities and road construction will be submitted for future year's available STP -A funding.
In October 2015, the AHTD sent a letter to the FHWA requesting that the remaining
unexpended High Priority Projects funds for the Fayetteville Expressway Economic
Mailing Address:
113 W. Mountain Street www.fayetteville-argov
Fayetteville, AR 72701
Development Corridor (FEEDC) be transferred to the Sain Street Extension as it is included in
the original study prepared for the FEEDC. If approved, staff expects to receive approximately
$100,000. This would bring the total of available Federal -aid funds to approximately $420,000.
DISCUSSION:
Letters Of Interest for this project were received from 7 (seven) engineering firms of which 3
(three) were "short listed" by the Selection Committee to submit proposals. Burns & McDonnell
Engineering Company, Garver Engineers and Jacobs Engineering Group submitted proposals to
the City on July 31,2015. After reviewing the proposals, the Selection Committee met on August
13th to compile the evaluation forms and make a final consultant selection which was Burns &
McDonnell Engineering Company.
Burns & McDonnell has provided a proposed scope and fee in the amount of $557,695.00. This
contract will be paid based on hourly rates for work completed, up to the total contract amount for
professional engineering services for the Sain Street Extension from N. Front Street to Vantage
Blvd., including a bridge over Mud Creek. The proposed improvements will begin at N. Front
Street and proceed easterly approximately 2,400 linear feet to tie into the existing signalized
intersection of Vantage Drive & Joyce Blvd.
The consultant will provide environmental documentation, surveys, geotechnical studies,
hydraulic studies, roadway & bridge design and plans, right of way plans, and bidding services.
Storm drainage systems, relocated utility facilities, maintenance of traffic and other incidental
systems and facilities will be designed and constructed as necessary. All work and contract
requirements shall conform to requirements of the Federal Highway Administration (FHWA),
AHTD and the City.
This design agreement has allotted 18 (eighteen) 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 and will assist the City in throughout the bidding process.
Once the construction contract is awarded, the City will have the opportunity to amend this
agreement with Burns & McDonnell to add construction administration services, if needed,
depending upon City staff availability. If this option is chosen, a supplemental agreement would
be prepared and brought before City Council for approval.
BUDGET/STAFF IMPACT:
This project is based on an Agreement Of Understanding with AHTD in which Federal -aid money
will pay 80% of the contract amount, with a maximum federal aid amount of approximately
$420,000. The City will be responsible for the 20% match plus all additional funds above the
Federal -aid amount available. City funds will be from the Transportation Bond Program fund.
The cost of these services will not exceed $557,695.00, with the City's portion estimated at
$137,695.
Attachments:
Agreement for Engineering Services
Purchase Order
AGREEMENT
FOR
ENGINEERING SERVICES
(LOCAL VERSION - COST PLUS FEE)
JOB NO. 040688
FEDERAL AID PROJECT ("FAP") NO. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
Washington County
PREAMBLE
THIS AGREEMENT, entered into this day of , by and between
the City of Fayetteville, in Washington County, Arkansas ("Owner"), and Burns & McDonnell Engineering
Company, Inc., ("Consultant"), a corporation existing under the laws of the State of Missouri, with principal
offices at 9400 Ward Parkway, Kansas City, Missouri 64114.
WITNESSETH:
WHEREAS, the City of Fayetteville is planning to construct an extension of Sain Street to connect
to Vantage Drive including a bridge over Mud Creek along with performing various traffic engineering
studies; 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, Burns & McDonnell'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 Burns & McDonnell 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. "Consultant's Representative" shall be Steven Beam, PE, until written notice is provided to the
Owner designating a new representative.
1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $557,695. The
Contract Ceiling Price is the maximum aggregate amount of all payments that the Owner may
become obligated to make under this Agreement. In no event, unless modified in writing, shall
total payments by the Owner under this Agreement exceed the Contract Ceiling Price. The
Consultant shall not be entitled to receive adjustment, reimbursement, or payment, nor shall the
Owner, its officers, agents, employees, or representatives, incur any liability for, any fee or cost,
exceeding the Contract Ceiling Price.
1.3. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the Owner
under this Agreement.
1.4. "Default" means the failure of the Consultant 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.
1.5. "Department" or "AHTD" means the Arkansas State Highway and Transportation Department.
1.6. "DOT" means the United States Department of Transportation.
1.7. "FAR" means the Federal Acquisition Regulations, codified in 48 C.F.R.
1.8. "Fee" whether fixed or otherwise is a dollar amount that includes the Consultant's profit on the
job.
1.9. "FHWA" means the Federal Highway Administration.
1.10. "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 the Consultant
under this Agreement shall be 200.61 percent or less. If applicable, the Indirect Cost Rate for
each subcontractor shall be listed in Appendix B.
1.11. "Title I Services" are those services provided by the Consultant 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.
1.12. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is $557,155.
The Title I Services Ceiling price is the maximum aggregate amount of all payments that the Owner
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 Owner related to Title I Services
exceed the Title I Services Ceiling Price. The Consultant shall not be entitled to receive
adjustment, reimbursement, or payment for, nor shall the Owner, 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.
1.13. "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 3.367 or less.
1.14. "Title II Services" are those services provided by the Consultant after the award of the contract
for the construction of the Project, consisting primarily of engineering services during the
construction of the Project.
1.15. "Title II Services Ceiling Price". The Title II Services Ceiling Price for this Agreement will be
added by supplemental agreement at a later date. The Title II Services Ceiling price is the
maximum aggregate amount of all payments that the Owner 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 Owner related to Title II Services exceed the Title II Services
Ceiling Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or
payment for, nor shall the Owner, 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. The Consultant 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 Owner will reimburse the Consultant for allowable
direct and indirect costs, as defined herein, and pay the Consultant a fixed fee. If Title II services
are to be performed, the Owner will reimburse the Consultant for allowable direct costs and also
pay the Consultant 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 the Consultant. 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 the Consultant 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, the Consultant
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 the Consultant 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 the Consultant'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 the Consultant for purposes of obtaining reimbursement under government
contracts; and
• The amount of progress payments that have been paid to the Consultant's
Subconsultants under similar cost standards.
3.1.2.Consultant'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 the Consultant 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 the Consultant 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 the Consultant 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 the Consultant's
expense or at no cost to the Owner 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 the Consultant:
3.2.1.SCHEDULE OF SALARY RANGES
Staff Classification
Low Rate
per Hour
High Rate
per Hour
Firm Principal
$80.00
$120.00
Project Director
$50.00
$72.00
Project Manager! Associate
$35.00
$66.00
Senior Engineer
$35.00
$60.00
Staff Engineer
$25.00
$42.00
Structural Engineer
$35.00
$54.00
GIS I CADD Technician
$17.00
$42.00
Geotechnical Engineer
$35.00
$66.00
Lead Environmental Scientist
$50.00
$72.00
Senior Environmental Scientist
$35.00
$60.00
Staff Environmental Scientist
$18.00
$42.00
Public / Government Affairs
$30.00
$66.00
Creative I Graphic Design
$13.00
$36.00
Administrative Assistant
$15.00
$26.00
3.2.2.The Owner shall reimburse the Consultant for overtime costs only when the overtime has
been authorized in writing by the Owner. When authorized, overtime shall be reimbursed at
the rate of time and one-half for all nonexempt employees. Notwithstanding this provision,
the Consultant must comply with all federal and state wage and hour laws and regulations,
regardless whether the overtime is considered reimbursable under this Agreement.
3.3. Indirect Cost Rates.
3.3.1. Allowable indirect costs incurred by the Consultant shall also be reimbursed by the Owner at
the Indirect Cost Rate. The Indirect Cost Rate of the Consultant for this Agreement shall be
the rate as set forth in subsection 1.10. If applicable, the Indirect Cost Rate for subcontractors
shall be determined in the same manner and subject to the same limitations as the
Consultant, 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, the Consultant
shall, upon request, submit to the Owner, FHWA, or their representatives an audited indirect
cost rate and supporting cost data in accordance with the requirements set forth in the current
Arkansas State Highway & Transportation Department Indirect Cost Rate Audit
Requirements.
4
3.3.3.During the term of this Agreement, if an audit of a subsequent accounting period of the
Consultant demonstrates that the Consultant 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 State 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 Owner 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 State 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 the consultant 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 Owner shall pay to the Consultant a
fixed fee of $35,192 for Title I Services. For Title II Services, if applicable, the Owner shall
reimburse the Consultant for allowable direct costs and also pay to the Consultant 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 It 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, the Consultant shall submit to the Owner, in such form
and detail as the Owner 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 Owner.
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 the Consultant under this Agreement which
meets the standards of quality established under this Agreement. The Consultant shall
submit with the estimates any supporting data required by the Owner. At a minimum, the
supporting data shall include a progress report in the form and number required by the Owner.
3.5.3.Upon approval of the estimate by the Owner, payment upon properly executed vouchers shall
be made to the Consultant, 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 Owner 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, the
Consultant shall execute and deliver to the Owner a release of all claims which are known or
reasonably could have been known to exist against the Owner arising under or by virtue of
this Agreement, other than any claims that are specifically excepted by the Consultant from
the operation of the release in amounts stated in the release.
3.6. Title I Services, Title II 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.The Consultant 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 Owner
may approve in writing) after the completion date. Upon approval of the completion invoice
or voucher, and upon the Consultant's compliance with all terms of this Agreement, the Owner
shall promptly pay any balance of allowable costs and any retainage owed to the Consultant.
After the release of said retainage Consultant agrees that it will continue to provide
consultation services to the Owner 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.The Consultant shall pay to the Owner any refunds, rebates, credits, or other amounts
(including interest, if any) accruing to or received by the Consultant or any assignee under
this Agreement, to the extent that those amounts are properly allocable to costs for which the
Consultant has been reimbursed by the Owner. Reasonable expenses incurred by the
Consultant for securing refunds, rebates, credits, or other amounts shall be allowable costs
if approved by the Owner. Before final payment under this Agreement, the Consultant and
each assignee whose assignment is in effect at the time of final payment shall execute and
deliver—
• An assignment to the Owner, in form and substance satisfactory to the Owner, of refunds,
rebates, credits, or other amounts (including interest, if any) properly allocable to costs for
which the Consultant has been reimbursed by the Owner under this Agreement; and,
• A release discharging the Owner, 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. Owner's Right to Withhold Payment. The Owner may withhold payment to such extent as it
deems necessary as a result of: (1) third party claims arising out of the services of the Consultant
and made against the Owner; (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) the Consultant's default or unsatisfactory performance of services. The withholding of
payment under this provision shall in no way relieve the Consultant 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 Owner may at any time issue to the
Consultant 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 Owner'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 Owner may offset, or the Consultant shall repay to Owner, 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. The Consultant shall maintain, and the Owner, 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 the Consultant's offices and facilities, or parts of them, engaged in performing the
Agreement.
5.3. Supporting Data. If the Consultant 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 Owner, 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 the Consultant'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 Owner, AHTD, FHWA, or their authorized representatives, shall have access to and
the right to examine any of the Consultant's records involving transactions related to this
Agreement or a subcontract hereunder.
5.5. Reports. If the Consultant is required to furnish cost, funding, or performance reports, the
Owner, 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 the
Consultant's policies and procedures to produce data compatible with the objectives of these
reports and (2) the data reported.
5.6. Availability. The Consultant 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. The Consultant shall insert a clause containing all the terms of this Section in all subcontracts
under this Agreement.
6. DESCRIPTION OF THE PROJECT
6.1. The City of Fayetteville ("the Owner") is to engage a design firm or a team of design firms to
provide professional engineering services for the extension of Sain Street for approximately 2,000
linear feet from N. Front Street to Vantage Drive including a new bridge over Mud Creek in
Fayetteville, Arkansas. Preliminary engineering plans showing the future connection to the
Fulbright Expressway and the new flyover bridge shall also be required.
6.2. The proposed project will provide environmental documentation, surveys, geotechnical studies,
hydraulic studies, roadway & bridge design and plans, right of way plans, and bidding services.
Title II services are not a part of this project at this time but may be added through a Supplemental
Agreement. Storm drainage systems, relocated utility facilities, maintenance of traffic and other
incidental systems and facilities will be designed and constructed as necessary. Traffic
signalization plans and/or modifications may be needed at the intersection of N. Front Street &
College Avenue (Hwy 71 B). The Work Zone Policy impact is considered non -significant.
6.3. This project includes federal funds along with review and approval of the work by the Arkansas
State Highway and Transportation Department (AHTD). All work and contract requirements shall
conform to requirements of the Federal Highway Administration (FHWA), AHTD and the Owner.
6.4. The plans will not be required to be prepared in standard AHTD format.
7. INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY THE CONSULTANT
7.1. ENVIRONMENTAL CLEARANCE DOCUMENTATION
7.1.1.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, but not
restricted to:
• Air Quality
• Noise Quality
• Hazardous Materials
• Wetlands and Stream Impacts
• Water Quality, including Public Drinking Supplies
• Farmland
• Land Use and Land Cover
• Migratory Birds
• Terrestrial and Aquatic Communities
• Endangered and Threatened Species
• Economic
• Community
• Relocations, including Homes, Businesses, Non-profit Organizations, and Tenants of
all types. If there will be more than five relocatees, a Conceptual Stage Relocation
Study that complies with the Uniform Relocation Assistance Act (49 CFR24.205) will
be required in the environmental document.
• Environmental Justice and Title VI
• Recreational Areas
• Archeological and Historic Sites
• Visual
• Section 4(f) and 6(f)
• Secondary and Cumulative Impacts
7.1.2.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 and provided to
the Design Consultants for avoidance and minimization of impacts. Environmentally sensitive
areas should be provided to the Roadway and Bridge Design Consultants for notation on the
plans as a restraining condition on the Contractor, in accordance with Section 107.10 of the
Standard Specifications for Highway Construction. Contract Special Provisions should be
developed as necessary to provide protection for environmental sensitive areas or features
and to provide guidance to the Contractor.
7.1.3. TIER THREE CATEGORICAL EXCLUSION
The Consultant will perform social, economic, and environmental studies for inclusion in the
environmental documentation. Improvements of the road along the existing alignment and
one alternative alignment will be analyzed. The goal is to provide the documentation
necessary to obtain FHWA approval of a categorical exclusion (CE) document. The work to
be performed shall consist of preparing a CE document based on National Environmental
Policy Act (N EPA) processes for the proposed project in accordance with AHTD and FHWA
policies and procedures. It is anticipated that minimal additional right-of-way is required.
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The objectives of this task are: (1) to describe the existing social, economic and physical
conditions within the corridor; (2) to identify and evaluate the short-term and long-term
impacts of the proposed improvements; and (3) to identify and recommend mitigation
measures to be incorporated in the design and/or operation plan for the project. The services
described herein are based on NEPA processes.
7.1.4. CULTURAL RESOURCES AND HISTORIC PROPERTIES
Perform a cultural resources impact evaluation based on state records research and an on -
site inspection. Develop a cultural resources report documenting existing impacts or other
conditions which may preclude the presence of intact archeological deposits and historic
structures within the project area for a proposed project. The purpose of an impact evaluation
is to determine whether conditions in the project area are suitable for preservation of
archeological deposits with sufficient integrity to be eligible for inclusion in the National
Register of Historic Places (NRHP) or for designation as state landmarks.
Coordinate with FHWA through AHTD for tribal consultation and correspondence. The
Consultant will prepare tribal letters per the AHTD letter template for submittal to FHWA
through AHTD.
The surveys will provide sufficient information (i.e., a Phase I survey and report) to allow the
State Historical Preservation Office (SHPO) to make a determination of effect regarding the
project. It is anticipated for budgeting purposes that a cultural resources report will be
required. All work under this task shall be completed in accordance with customary AHTD
guidelines and format.
7.1.5.BIOLOGICAL INVESTIGATIONS
The Consultant will conduct wetland surveys and delineations to determine the limits of all
jurisdictional waters of the United States and potential jurisdictional wetlands within the
project limits. The area of project impact to jurisdictional waters, including wetlands and
streams, will be determined to permit the project under Section 404 of the Clean Water Act.
Wetlands will be delineated using the U.S. Army Corps of Engineers (USACE) Wetland
Delineation Manual of 1987 and applicable supplemental guidance published by the USACE
for the project location.
The Consultant will contact the U.S. Fish and Wildlife Service (USFWS) to ensure all state
and federally listed threatened and endangered species of concern are identified, as well as
their habitat areas, to avoid/minimize impacts. This coordination will assist in providing
guidelines from these agencies on existence, habitat and mitigation. If suitable habitat for
any listed threatened or endangered species is encountered within potential location
alternatives, it may be necessary to survey for the species. Presence and absence surveys
for any listed threatened or endangered species are not included as a part of this scope.
7.1 .6 .HAZARDOUS/REGULA TED MATERIALS
The Consultant shall conduct a literature and database review and a visual survey to identify
potential hazardous/regulated material sites in the vicinity of the proposed project. The
results of this effort shall be documented in the CE. The work shall include:
Overview and Summary of Hazardous Materials Sites within Study Area- This initial
screening will include a review and evaluation of applicable state and federal regulatory
agency databases.
Identification of Sites of Concern - A review and evaluation of the following list will be
performed for the reasonable and feasible alternatives:
o Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA)
o National Priorities List (NPL)
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o Resource Conservation and Recovery Act (RCRA)
o Regulated Storage Tanks (RST)
o State Superfund
o Solid Waste Landfills.
• Visual survey of study area.
7.1.7. OTHER ENVIRONMENTAL STUDIES, ANALYSES AND INVESTIGATIONS
The Consultant shall work with both the Roadway and Bridge Designers to ensure all
environmental commitments and regulatory requirements are incorporated into project plans
and contracts by use of plan sheet notes, general notes and special provisions.
The Consultant shall conduct all other environmental studies, analyses and investigations in
accordance with FHWA/ AHTD requirements for a CE for a transportation improvement
project. The other environmental studies, analyses, and investigations will include the
following: air quality, noise quality, hazardous materials, wetlands and stream impacts, water
quality, including public drinking supplies, farmland impacts, land use and land cover,
terrestrial and aquatic communities, endangered and threatened species, economic,
community, environmental justice and Title VI, recreational areas, archeological and historic
sites, visual, and Section 4(f) and 6(f) properties.
7.1.8. PUBLIC INVOLVEMENT MEETING
The Consultant will plan, coordinate, participate in, and assist the Owner in conducting one
Public Involvement Meeting near the project area. The Consultant will identify the logistics
involved in selecting the meeting site with the Owner. The Owner will subsequently
secure/reserve and pay any rental costs for such site and any necessary equipment.
The Consultant will prepare and submit notice of public involvement meeting to the Owner
and AHTD for review and approval, and will place the approved notice in a local newspaper
in accordance with AHTD polices and requirements. The Owner will be responsible for
payment of the publication of legal notices and ads.
The Consultant will prepare public involvement displays, sign -in sheets, comment sheets,
and other materials for the Public Involvement Meeting as necessary. The Consultant will
provide adequate numbers of handouts and displays for the public involvement meeting and
will provide four (4) personnel to support the Public Involvement Meeting by being prepared
to answer questions and explain all concepts of the proposed project.
As directed by the Owner, the Consultant will obtain Project Mailing List database from the
Owner and update as necessary. The Consultant will develop and maintain the Project
Mailing List database of names/addresses to be utilized in distributing the Public Meeting
notice. Persons attending the Public Meeting will be added to the database when requested.
The Consultant will compile and document the comments received at the Public Meeting in
the form of a synopsis that will include comments forms, letters, attendance sheets, summary
of input, response to public comments, etc. This will include photographs or copies of
informational displays, handouts, etc.
7.1.9.PREPARE CATEGORICAL EXCLUSION DOCUMENT
A draft CE will be prepared and submitted electronically to the Owner, AHTD and FHWA for
review and comment. Any necessary revisions to the draft CE will be incorporated. Submit
final draft to the Owner and AHTD for FHWA approval. All work on the project shall conform
to the applicable requirements of the AHTD/FHWA as defined at the time of the notice to
proceed. Consultant will provide designated number of copies of environmental document
after FHWA approval and distribute as directed. The Consultant will provide the pdf version
of the CE document to the appropriate entities.
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This Scope of Services does not include the preparation of an individual or programmatic
Section 4(f) Evaluation (required for impacts to parkland, recreation land, historic sites),
conducting or attending a public hearing, right -of -entries, formal or informal Section 7
consultation with the USFWS biological assessment/biological evaluation (associated with
endangered species/habitat impacts), USACE Section 10 permit, USACE Section 404
Individual Permit, USACE field verification, adjustment of staked boundaries subsequent of a
USACE field verification visit, Arkansas Department of Environmental Quality (ADEQ)
Section 401 Tier II permitting, any mitigation designs or plans associated with Section 404
permitting. If any of these services are necessary, a supplemental agreement establishing
the scope and fee for services will be developed.
7.2. FIELD SURVEYS AND MAPPING
7.2.1.The Consultant shall be responsible for obtaining all required aerial photography and
topographic mapping. The consultant shall also be responsible for all field surveys including
topographic surveys, hydraulic surveys, property surveys, and utility surveys, as needed, to
identify all existing features along the project including soil borings and establishing project
control. Surveying procedures and requirements as established by AHTD Survey Procedures
Manual do not apply to this project.
7.2.2.AII services performed shall be consistent with Arkansas minimum standards and in
compliance with Arkansas laws and regulations governing the practice of Land Surveyors
and with all Federal, State and Local laws, regulations and ordinances applicable to the work.
7.3. FHWA ENGINEERING & OPERATIONAL ACCEPTABILITY REVIEW
7.3.1.In November 2010, the Owner received FHWA & AHTD approval of the Technical
Memorandum for the Sain Street Connection. This is a supplemental document to the
approved Engineering and Operational Acceptability Report for the Fulbright Expressway/
U.S. 71B Interchange that was approved in March 2009. This approval was only valid for a
3 (three) year period. The Owner desires to keep this approval active.
7.3.2.The Consultant shall be required to update the Technical Memorandum utilizing forecasted
traffic volumes for the year 2035 and recognizing that the Flyover is now open to traffic and
confirm that the proposal is still sufficient. If not, then additional analysis may be required to
"maintain" the Owner's approval for this connection. This additional analysis will require a
Supplemental Agreement for these services. The revised & update addendum shall be
submitted to AHTD & FHWA for their approval (2 copies for AHTD & 2 copies for the Owner,
plus one electronic pdf).
7.4. ROADWAY DESIGN AND PLANS
Submit an updated cost estimate with each design review, include costs for utilities, etc. as
applicable.
7.4.1 CONCEPTUAL ALIGNMENTS/ALTERNATIVES (15% Submittal)
Due to the possibility of encountering items of archeological significance along Mud Creek at
the proposed bridge location, the Owner would like the Consultant to prepare a feasibility
study addressing transportation alternatives to accomplish the same goal of improving
transportation efficiency by utilizing different alignment alternatives, different existing
roadways, improving existing intersections, etc. to alleviate traffic congestion with or without
the proposed Sain Street Connection.
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7.4.2.CONCEPTUAL ROADWAY DESIGN (30% Submittal)
Submit design criteria to be used in the design of the project for approval by the Owner prior
to beginning preliminary design work.
Provide application for a Conditional Letter of Map Revision (CLOMR) for the proposed bridge
crossing to the Owner for review and approval by the City Floodplain Administrator. The
existing flood insurance study hydraulic model for Mud Creek is available in HEC-RAS format
which will be updated by the Consultant to include the proposed bridge and roadway.
Submit 30% plans for review by the Owner to include at a minimum: the proposed alignment
with horizontal curve data, grades with vertical curve data, outline of proposed bridge showing
length & width, limits of construction, existing property lines and right/s of way, floodway and
floodplain limits, and existing aerial photography and/or topographic survey.
Analyze the Joyce Boulevard & Vantage Drive intersection to provide an adequate left turn
storage lane along with minor realignment of the southern leg of Vantage Drive to meet the
design standards for a collector street. Also analyze the need for a short left turn lane for E.
Rainforest Road so that traffic will not back up into Joyce Boulevard. The scope of
improvements contemplated in this Scope of Work does not include improvements to Joyce
Boulevard nor improvements to Vantage Drive north of Joyce Boulevard.
Based on the required clear span length of the proposed bridge, and considering cost & long
term maintenance of this structure, the Consultant shall compare at least two different bridge
design alternatives and make recommendation to the Owner.
Additionally, the 30% plans require submittal of proposed alignments and profiles for
westbound (WB) Sain Street Extension tying into the flyover bridge; eastbound (EB) Sain
Street Extension exiting the Fulbright Expressway going under both the flyover bridge &
northbound (NB) College Avenue and connecting to the intersection of Front Street; and NB
College Avenue raised with a new bridge spanning over the EB Sain Street Extension. All
vertical clearances to bridge members shall meet Federal guidelines. The Consultant shall
also submit plans showing the safe future operation of the Sain Street & Front Street
intersection in relation to both the on ramp and off ramp of the future Sain Street connections
to the Fulbright Expressway. Only 30% plans will be required for these future connections.
Provide four (4) paper copies half size sheets (11x17), one electronic pdf, and AutoCad/Civil
3D files for plan review.
7.4.3. PRELIMINARY ROADWAY DESIGN (50% Submittal)
Obtain soil borings for pavement design.
Provide pavement design alternatives according to the requirements of the Roadway Design
Plan Development Guidelines using AASHTO design procedures, and submit
recommendation to Owner and AHTD for approval.
Provide the roadway plan sheets. A field inspection for each project may be performed at the
50% and 90% review level. Preliminary plans shall be submitted at the 50% level for AHTD
approval of the geometric design, title sheet, and typical sections as defined in Attachment A
of the Roadway Design Plan Development Guidelines.
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The Consultant shall prepare all design related displays to be used at the public meeting
when needed. This includes, but is not limited to plans of the proposed route illustrating the
proposed horizontal and vertical alignments complete with all bridge structure and all
proposed and existing right of way requirements, including easements. The Consultant shall
assist the Owner at the meeting by answering and explaining all concepts of the proposed
design. The Consultant shall also be responsible for developing a written transcript of the
public comments and provide written responses to each comment. This written transcript
shall be furnished to the Owner for the completion of the project certification.
The preliminary roadway plans (50% submittal) shall show, as a minimum:
• The title sheet shall generally conform to the AHTD standard title sheet.
• The typical sections will include notes pertaining to slopes, tolerances, leveling, and other
items. The typical sections will contain information depicting the width of the subgrade,
all lanes, shoulders, and clear zones. The side slopes (run/rise) and finished grade cross
slopes (ft./ft.) will also be shown. The point of profile will be defined and the location of
pipe underdrains if needed will be illustrated. The location and shape for all ditches will
be also be depicted.
• Based on traffic data and geotechnical investigations, pavement design
recommendations will be delivered to the Owner and AHTD for their review and approval.
Pertinent data and design calculations will be provided as well as the actual pavement
section recommendations. The approved pavement designs will be incorporated into the
typical sections.
• Project specific details required to properly construct elements of the job that are not
covered in the standard drawings or other plan drawings will be developed as needed.
• Control detail sheets of the survey baseline and design centerline with control point data
in accordance with the standard used by the Roadway Design Division of AHTD (required
only if survey is necessary).
• Roadway Plan & Profile Sheets
o The plan and profile sheets will contain information including the following in the
plan view: proposed centerline and travel lanes, existing topography, existing
utilities, horizontal geometry (curve data, PI's, bearings), north arrow, lane and
shoulder dimensions, taper dimensions, proposed driveways and side streets,
proposed cross drains and related construction notes, bridge beginning and
ending stations, sketch of bridge layouts, guardrail locations, turning radii, limits
of existing and proposed right-of-way and control of access (including fence),
permanent and temporary construction easements, construction limits, location
of right-of-way points and benchmarks, floodplain limits, and other data as
required.
o The plan and profile sheets will contain information including the following in the
profile view: proposed vertical geometry (including VPI's, grades, and ditch
grades), superelevation station limits, benchmarks, existing ground profile, and
drainage information.
• Maintenance of Traffic Plans (50%)
o The maintenance of traffic signing details will suggest a sequence of construction
to complete major phases of the project. It will clearly identify barricades to be
placed, striping to be removed, striping to be placed prior to diversion of traffic,
and possible detour routes and the stages required to maintain traffic during
construction. These details will supplement AHTD standard drawings TC-1, TC-
2, TC-3, TC-4, and TC-5.
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• Signing & Pavement Marking Plans (50%)
• Erosion control plans
• Water & Sewer Facilities
As directed by the Owner and based on findings from the 30% design phase, the Consultant
will produce plans related to the relocation of existing water and sewer facilities which are
directly affected by the project.
Provide four (4) paper copies (half size 11x17), one electronic pdf, and AutoCad/Civil 3D files
of plans for right of way review, and 50% plan review.
Attend preliminary field inspection, if required.
Make revisions necessary to respond to comments made at the 30% review as well as
comments made at the preliminary field inspection.
Provide design information necessary for environmental documentation and environmental
permits to be obtained by the Consultant.
Provide an interim construction cost estimate.
7.4.4.FINAL ROADWAY DESIGN (90% Submittal & 100% Submittal)
The objective of this phase is to complete roadway, bridge, and right-of-way plans for the
project. In the final design phase, comments from the 50% submittal will be addressed, all
quantities will be calculated, right-of-way plans developed, and a construction cost estimate
calculated. The final plans review will be performed and comments will be incorporated into
the final plans. Comments from the 90% submittal will be incorporated and final design of
the roadway and bridge will proceed with the written approval by the Owner or the AHTD.
Comments from the review of 50% plans will be incorporated in 90% plans and all sheets will
be updated with appropriate quantity callouts once quantities are tabulated.
The permanent pavement marking details illustrate pavement markings and traffic sign
placement. All signing, striping and delineation will be in accordance with the latest edition
of the Manual of Uniform Traffic Control Devices and shall conform to AHTD and federal
regulations, laws and policies. These details will supplement AHTD standard drawings PM -
1 and PM -2.
Survey control sheets will show the horizontal and vertical control points and horizontal
alignment data in plan view at the appropriate scale. The following information will be
provided: Traverse Point Table -Point number, northing, easting, and elevation (if applicable).
Horizontal alignment data -Curve number, point type (PC/PI/PT), station, northing, and
easting. The appropriate notes will also be included.
Erosion control plans will be developed and will include temporary measures that will be put
in place at the start of construction. The information for temporary measures include the
location of silt fences (station/offset at PI's), rock berms, sediment basins, as well as other
strategies to prevent pollution of streams by stormwater runoff from the project site.
Permanent erosion control measures that will be left in place after construction is complete
will also be noted.
Cross sections for all roadways will be shown at a 1:1 scale and include the items required in
the "Roadway Design Plan Development Guidelines". In addition, any matchlines will be
labeled and sections will be provided at bridge beginning and ending stations, begin/end
15
tapers, nose points, begin/end auxiliary lanes, and any pipes/culverts perpendicular to
centerline construction. Inlet and outlet sections will be shown for pipes/culverts on skews.
The Consultant will produce plan and profile sheets related to the relocation of existing water
and sewer facilities which are directly affected by the project.
Quantities will be calculated and tabulated using the 2014 Standard Specifications for
Highway Construction and the appropriate supplemental and job specific special provisions
and AHTD's Roadway Design Plan Development Guidelines and Roadway Design Training
Guide. The quantity sheets will display the tabulated quantities in typical AHTD format. A
summary of quantities sheet will be provided that tabulates all quantity items by pay item
number, description, unit, and quantity. The quantity sheets and summary of quantities will
be inserted into the plans between the permanent pavement marking details and the survey
control sheets
Provide special provisions.
Provide transportation management plan.
Provide construction cost estimate.
Provide four (4) paper copies (half size 11 x17), one electronic pdf, and AutoCad/Civil 3D files
of plans for right of way review, and 90% plan review.
Attend final field inspections, if required.
Make plan changes resulting from the 90% review, subsequent reviews, and final field
inspection.
Perform all other work required to advertise and receive bids.
Provide hydraulic certification (if necessary).
Provide six (6) paper copies (half size 11x17) & one electronic pdf of the signed and sealed
plans along with the final AutoCad/Civil 3D files.
7.5. BRIDGE DESIGN AND PLANS
7.5.1 CONCEPTUAL BRIDGE DESIGN (30% Submittal)
Submit design criteria to be used in the design of the project for approval by Owner & AHTD
prior to beginning preliminary design work.
Based on the required clear span length of the proposed bridge, and considering cost & long
term maintenance of this structure, Consultant shall compare at least two different bridge
design alternatives and make recommendation to the Owner.
Provide four (4) paper copies (half size 11x17), one electronic pdf, and AutoCad/Civil 3D files
for plan review.
7.5.2.PRELIMINARY BRIDGE DESIGN (50% Submittal)
Obtain subsurface borings, field testing, laboratory testing and material properties for bridge
foundation, embankment design and retaining walls.
Field surveying to determine location of soil borings.
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The foundation type will be determined based on geotechnical information. Footing depths
will be set and pile sizes and lengths estimated.
Provide recommendations for embankment height and material requirements for bridge
approaches.
Determination of overtopping floods and the effects of future roadway embankments will also
be required. A scour assessment shall also be performed.
Provide two (2) half-size (11 x 17) copies of the preliminary bridge layout for review and
approval.
The bridge layouts shall show, as a minimum:
• Topography
• Hydraulic data. At stream crossings shown in table form. The effects of the 100 (design)
and 500 year floods, and overtopping floods shall be included. When the overtopping
flood is less than the design flood, the effects of future roadway embankments will be
determined and included in the table. Scour countermeasures shall be shown when
applicable.
• Bridge length, width, and span lengths and types
• Design, construction, and material specifications
• Bridge foundation type, including, as applicable, estimated number and size of columns,
pile sizes and lengths, etc.
• Schematic cross-section sketches of superstructure, showing deck thickness, girder type,
size, and spacing, stage construction sequencing, etc.
Prepare conceptual construction work roads drawings for FEMA and Section 404 permits, as
applicable.
Provide four (4) paper copies (half size 11 x17), one electronic pdf, and AutoCad/Civil 3D files
for plan review.
Preliminary bridge layouts shall not be submitted for review until after the 30% roadway plans
have been reviewed and approved. Written approval of the bridge layout by AHTD will be
required before detail bridge design and plans are begun.
7.5.3.FINAL BRIDGE DESIGN (90% & 100% Submittal)
Perform bridge design calculations based on the approved layout with any staged
construction sequence. This consists of:
• Seismic analysis, if necessary
• Foundations and pile lengths
• Substructure
• Superstructure
• Elastomeric bearings
• Bridge expansion joints
• Provide complete bridge detail drawings to include end bents, intermediate bents, piles,
bearings, superstructure, expansion joints, parapets, retaining walls, approach slabs,
approach gutters, and bridge quantity sheets. Each detail drawing should be fully
checked and signed by a checking engineer. When different detail checking engineers
are used for the same bridge or for different bridges, compatibility of details between
bridge components and consistency between different bridges shall be carefully checked
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and confirmed by the Consultant prior to submittal. Two (2) half-size copies of the detail
drawings shall be submitted for Bridge Division review prior to submittal for the final field
inspection. The copies submitted for the final field inspection shall include the alterations
necessary to respond to comments from the Bridge Division review.
Provide quantities: Bridge quantities will be calculated and grouped by bridge
component, and item number. The quantities will be calculated in accordance with the
2014 Edition of the AHTD "Standard Specifications for Highway Construction" and
reported to the accuracy indicated on the January 19, 1997 memorandum entitled "Limits
to Show on Bridge Quantity Sheets"
Provide special provisions
Submit two (2) paper copies (half-size 11 x 17) copies of detail drawings for AHTD Bridge
Division review prior to the final field inspection.
Revise and resubmit detail drawings as required to address comments from all reviews and
field inspections.
Provide construction cost estimate.
Provide hydraulic certification.
Provide four (4) paper copies (half size 11 x17), one electronic pdf for the 90% plan review.
Provide six (6) paper copies (half size 11 x 17) & one electronic pdf of the signed and sealed
plans.
7.6. Storm Water Pollution Prevention Plan (SWPPP) SUBMITTAL
7.6.1.The Consultant shall prepare a SWPPP containing all the necessary data needed to obtain a
SWPPP permit for the project, including the AHTD, ADEQ and Owner data and details.
7.6.2.The Consultant shall prepare a Short Term Activity Authorization (STAA) to be submitted to
ADEQ.
7.7. RIGHT-OF-WAY PLANS
7.7.1. PRELIMINARY AND FINAL DESIGN
Provide Right -of -Way Plans. (See Attachment B "Stage Submittal of Right of Way Plans")
8. SERVICES TO BE PROVIDED BY THE OWNER AND AHTD
8.1. THE OWNER:
8.1.1.Coordinate review of environmental documentation, construction plans and specifications
with AHTD.
8.1.2.Conduct the necessary public involvement meeting and public hearings.
8.1.3.Advertise and pay for advertisements for public meetings and construction bidding.
8.1.4. Provide services for acquisition of rights of way and easements.
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8.2. THE AHTD:
8.2.1.Provide sample environmental clearance documents.
8.2.2.Review draft Categorical Exclusion (CE) document.
8.2.3.Coordinate with FHWA for tribal correspondence and document approvals.
8.2.4.Review final environmental documentation prepared by the Owner's consultant.
8.2.5.Review plans and specifications.
9. TITLE II SERVICES TO BE PROVIDED BY THE CONSULTANT
Title II Services will be added by supplemental agreement at a later date. At a minimum, the following
services will be provided:
9.1. Provide review and approval of shop drawings and any other supplementary plans or similar
data submitted by the Contractor and requiring approval.
9.2. When requested, provide design related solutions to construction problems and issues that
may arise.
10. COORDINATION WITH OWNER
10.1. Coordination meetings will be conducted on an as needed basis. These meetings shall include
the Consultant, the Owner, AHTD and others, as appropriate. The Consultant shall schedule
these meetings with the Owner and AHTD concurrence, and compile and distribute meeting
minutes, as required.
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 Owner, the AHTD, and the FHWA at the project
office of the Consultant located at 6815 Isaacs Orchard Road, Suite B3, Springdale, Arkansas.
12. ACCESS TO PROPERTY
12.1. The Consultant's services to the Owner may require entry upon private property. The Owner
will present or mail to private landowners a letter of introduction and explanation, describing the
work, which shall be drafted by the Consultant. The Consultant will make reasonable attempts to
notify resident landowners who are obvious and present when the Consultant is in the field. The
Consultant is not expected to provide detailed contact with individual landowners. The Consultant
is not expected to obtain entry by means other than the consent of the landowner. If the Consultant
is denied entry to private property by the landowner, the Consultant will not enter the property. If
denied entry to the property, the Consultant shall notify the Owner and advise the Owner of an
alternate evaluation method if one is feasible. The Owner shall decide on the course of action to
obtain access to the property.
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13. DELIVERABLES
13.1. ENVIRONMENTAL
• SHPO approved Cultural Resources Report prior to CE (4 copies)
• Newspaper advertisements and/or Legal Notices (English and Spanish).
• Public Meeting announcement.
• Project Mailing List database, updated as necessary, Microsoft Excel
• Technical handouts for the Public Meeting (up to 100 hard copies).
• Comment forms for the Public Meeting (up to 100 hard copies).
• Sign -in Sheets for the Public Meeting (up to 10 hard copies).
• Exhibits/displays for the Public Meeting (up to 10 exclusive displays).
• Synopsis of Public Meeting (2 copies).
• Draft CE submittal to Owner (up to 10 copies) in MS Word format (for text) and pdf (for figures
and attachments).
• Draft CE submittal to the AHTD (By Owner).
• Draft CE submittal to the FHWA (by AHTD).
• Final CE submittal to Owner, the AHTD and the FHWA
13.2. FEASIBILITY/ALIGNMENT DESIGN PHASE (15%)
• Feasibility Report
13.3. CONCEPTUAL DESIGN PHASE (30%)
• Roadway and Bridge Design Criteria
• Geotechnical Report for Bridges (Preliminary Version)
• 30% Complete Roadway Plans
• Conceptual Bridge Layout
• Plan & Profile sheets showing layout of future connections on and off of the Fulbright
Expressway clearly showing the vertical clearances
• Pavement marking plans showing the safe operation of the Front Street & Sain Street
intersection both with the completion of this project and with the future completion of the project
which will make the final connections to the Fulbright Expressway.
13.4. PRELIMINARY DESIGN PHASE (50%)
• Geotechnical Report for Pavement Design
• Geotechnical Report for Bridges (Final Version)
• Hydraulic and Scour Analysis Report & CLOMR
• Preliminary Bridge Layout Drawings— Preliminary bridge layouts shall not be submitted for
review until after the 30% roadway plans have been reviewed and approved.
• 50% Complete Roadway Plans
• 60% Right of Way Strip Map
• 90% Right of Way Plans
• Warranty deed descriptions
• Final Right of Way Plans
• Meeting Minutes from Coordination Meetings
• Interim Construction Cost Estimate
13.5. FINAL DESIGN PHASE (90% & 100%)
• 90% Complete Roadway Design Plans
• 90% Complete Bridge Design Drawings
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• Final half-size Roadway Design Plans signed and sealed by an Arkansas Registered
Professional Engineer.
• Final half-size Bridge Design Drawings signed and sealed by an Arkansas Registered
Professional Engineer.
• Final full-size Bridge Design Drawings printed in black ink on quality bond paper and signed
and sealed by an Arkansas Registered Professional Engineer.
• Provide Special Provisions and complete Project Manual for bidding.
• Provide transportation management plan, if required.
• Provide construction cost estimate
• One Copy of Bridge Design and Quantity Computations
• Meeting Minutes from Coordination Meetings
• Electronic files of the project design and plans on a compact disc in AutoCad/Civil 3D format
that is fully indexed (all reference files attached and set to load automatically.) This includes
the electronic copies of Roadway and Bridge submittals. Electronic files of the Project Manual,
Special Provisions, design calculations, drainage report, geotechnical report, cost estimates,
etc. on a compact disc in Adobe Acrobat PDF format and in Word and Excel format, as
applicable.
14. SUBCONTRACTING
14.1. Unless expressly disclosed in Appendix B, the Consultant may not subcontract any of the
services to be provided herein without the express written approval of the Owner. All
Subconsultants, including those listed in Appendix B, shall be bound by the terms of this
Agreement. All Subconsultants 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 Owner
to any subcontract nor approval of the Consultant'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 the
Consultant 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 Owner without
the express written agreement of the Owner.
14.5. Prompt Payment. The Consultant shall pay Subconsultants for satisfactory performance of
their subcontracts within 30 days of receipt of each payment by the Owner to the Consultant. Any
retainage payments held by the Consultant must be returned to the Subconsultant within 30 days
after the Subconsultant's work is completed. Failure to comply with this provision shall be
considered a Default by the Consultant. If the Consultant fails to comply with this provision, in
addition to any other rights or remedies provided under this Agreement, the Owner, 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 Owner, against reimbursements or payments otherwise
due the Consultant;
• notify any sureties; and/or,
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• withhold any or all reimbursements or payments otherwise due to the Consultant until the
Consultant ensures that the subcontractors have been and will be promptly paid for work
performed.
14.6. The Consultant shall insert a clause containing all the terms of this Section in all subcontracts
under this Agreement.
15. RESPONSIBILITY OF THE CONSULTANT
15.1. Notwithstanding any review, approval, acceptance, or payment by the Owner, the Consultant
shall be responsible for the professional quality, technical accuracy, and the coordination of all
designs, drawings, specifications, and other services furnished by the Consultant under this
Agreement. The Consultant shall, without additional compensation, correct or revise any errors
or deficiencies in its designs, drawings, specifications, and other services.
15.2. The Consultant shall demonstrate to the Owner the presence and implementation of quality
assurance in the performance of the Consultant's work. The Consultant shall identify individual(s)
responsible, as well as methods used to determine the completeness and accuracy of drawings,
specifications, and cost estimates.
15.3. The Consultant 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 Owner shall have the right at any time and in its sole discretion to submit for review all or
any portion of the Consultant's work to consulting engineers engaged by the Owner for that
purpose. The Consultant shall fully cooperate with any such review.
15.5. The Consultant and any Subconsultant shall employ qualified and competent personnel to
perform the work under this Agreement.
15.6. Neither the Owner'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. The Consultant shall
be and remain liable to the Owner for all damages to the Owner caused by the Consultant's
negligent performance of any of the services furnished under this Agreement.
15.7. The rights and remedies of the Owner provided under this Agreement are in addition to any
other rights and remedies provided by law.
15.8. If the Consultant 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 Owner by which the Owner 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 Owner or any provision concerning the
conclusiveness thereof, the Consultant warrants that all services performed and work product
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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 the Consultant is required to correct or re -perform, it shall be at no cost to the Owner, and
any services corrected or re -performed by the Consultant shall be subject to this Section to the
same extent as work initially performed. If the Consultant fails or refuses to correct or re -perform,
the Owner may, by contract or otherwise, correct or replace with similar services and charge to
the Consultant the cost occasioned to the Owner thereby, or make an equitable adjustment in the
Contract Price.
16.4. If the Owner does not require correction or re -performance, the Owner 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 Owner 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 the Consultant's Scope of Services, as defined herein, to be completed within
a period of 18 months not including bidding, unless agency review times exceed the projected
time periods or unless the time is extended or terminated by the Owner in accordance with this
Agreement.
17.2. The Consultant 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 Owner's approval of the previous phase. The
Consultant shall not be entitled to any compensation or reimbursement for services performed in
a phase unless and until it has received approval from the Owner to proceed with such services.]
17.3. It is further agreed that time is of the essence in performance of this Agreement. The
Consultant shall complete the work, or each phase, as scheduled, and the Owner shall provide
any required approval of the work or phase meeting the requirements contained herein in a
reasonable and timely manner. The project schedule for this project has been included in
Appendix D.
18. TERMINATION
18.1. The Owner may terminate this Agreement in whole or, from time to time, in part, for the Owner's
convenience or because of the Default of the Consultant.
18.2. The Owner shall terminate this Agreement by delivering to the Consultant written notice of the
termination.
18.3. Upon receipt of the notice, the Consultant shall:
• Immediately discontinue all services affected (unless the notice directs otherwise).
• Deliver to the Owner 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.
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• In the sole discretion and option of the Owner, and if and only if requested to do so, assign to
the Owner all right, title, and interest of the Consultant under the subcontracts terminated, in
which case the Owner shall have the right to settle any claim or dispute arising out of those
subcontracts without waiver of any right or claim the Owner may possess against the
Consultant.
• With approval or ratification by the Owner, 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 Owner may direct, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Consultant and in which the Owner has or may acquire an interest.
18.4. If the termination is for the convenience of the Owner, the Owner 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 the Consultant's Default, the Owner may complete the work by contract
or otherwise and the Consultant shall be liable for any reasonable and necessary additional cost
incurred by the Owner to the extent caused by Consultant's default.
18.6. Disputes and claims arising from termination of this Agreement shall be governed by Section
28, Disputes and Claims (48 CFR 31.205-42(e)(2)).
18.7. The rights and remedies of the Owner 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 Owner may, at any time, by written order to the Consultant, require the Consultant 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 the Consultant, and for any further period to which the parties may agree.
Upon receipt of the order, the Consultant 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 the Consultant, or within any extension of that period to which the parties shall have agreed, the
Owner 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, the Consultant shall resume work. The Owner 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 Consultant's Default in its performance of its
obligations under any part of this Agreement; and,
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• The stop work order results in an increase in the time required for, or in the Consultant's cost
properly allocable to, the performance of any part of this Agreement; and,
The Consultant provides Notice of Potential Claim pursuant to Section 28, Disputes and
Claims.
20. CHANGES
20.1. The Owner 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 Owner 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, the Consultant 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, the Consultant 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 the
Consultant 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 Owner. The Consultant shall further provide all documents and data to the
Owner upon the Owner's request. The Consultant 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 Owner shall have an irrevocable
license to use such documents, or data compilations, or work product.
22. PATENT AND COPYRIGHT INFRINGEMENT
22.1. The Consultant shall report to the Owner, promptly and in reasonable written detail, each notice
or claim of patent or copyright infringement based on the performance of this Agreement of which
the Consultant has knowledge.
22.2. In the event of any claim or suit against the Owner 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, the Consultant shall furnish to the
Owner, when requested by the Owner, all evidence and information in possession of the
Consultant pertaining to such suit or claim. Such evidence and information shall be furnished at
the expense of the Consultant.
22.3. The Consultant agrees to include, and require inclusion of, the provisions of this Section in all
subcontracts at any tier for supplies or services.
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22.4. The Consultant shall indemnify the Owner 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 Owner of such supplies or construction work.
22.5. This indemnity shall not apply unless the Consultant shall have been informed within ten (10)
business days following the Owner'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 Owner 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 the Consultant, (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 the Consultant, unless required by final decree of a court of competent
jurisdiction.
23. BANKRUPTCY
23.1. In the event the Consultant enters into proceedings relating to bankruptcy, whether voluntary
or involuntary, the Consultant agrees to furnish, by certified mail, written notice of the bankruptcy
to the Owner. 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 Owner 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 Owner'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 Owner of any kind whatsoever under this Agreement shall arise until funds are made
available to the Owner 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 Owner nor the Consultant 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 Owner 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. The Consultant shall hold harmless and indemnify the Owner 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 the Consultant and its
subcontractors, and their agents and employees.
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26.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or representative
of the Owner or the AHTD shall be liable to the Consultant 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 the Consultant shall be an
independent contractor of the Owner and that the Consultant shall be liable for any act or omission
of the Consultant or its agents, employees, or subcontractors arising under or occurring during the
performance of this Agreement. No act or direction of the Owner shall be deemed to be an
exercise of supervision or control of the Consultant's performance.
27. INSURANCE
27.1. Professional Liability Insurance Coverage. The Consultant 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 the Consultant and to its legal representatives
in the event of death, dissolution, or bankruptcy, and shall cover the errors, omissions, or negligent
acts of the Consultant's Subconsultants, agents, and employees. Such insurance shall extend to
any errors, omissions, and negligent acts in the performance of services under this Agreement
committed by the Consultant or alleged to have been committed by the Consultant or any person
for whom the Consultant is legally responsible.
27.2. Deductible. The Consultant may maintain a professional liability insurance policy with a
deductible clause in an amount approved by the Owner if, in the judgment and opinion of the
Owner, the Consultant's financial resources are sufficient to adequately cover possible liability in
the amount of the deductible. The Consultant shall submit promptly to the Owner, upon request
as often as quarterly, detailed financial statements and any other information requested by the
Owner to reasonably determine whether or not the Consultant's financial resources are sufficient
to adequately cover possible liability in the amount of the deductible.
27.3. Worker's Compensation Insurance. The Consultant 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. The Consultant 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. The Consultant'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 the Consultant.
27.5. Insurance Policies and Certificates. The Consultant shall provide the Owner upon request
copies of its insurance policies and evidence satisfactory to the Owner concerning the
effectiveness and the specific terms of the insurance. Prior to the execution of this Agreement,
the Consultant shall furnish to the Owner 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. The Consultant's failure to provide and
continue in force and effect any insurance required under this Article shall be deemed a Default
for which Owner, in its sole discretion, may terminate this Agreement immediately or on such other
terms as it sees fit.
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27.6. Additional Insurance Requirements. All insurance maintained by the Consultant pursuant to
this Section shall be written by insurance companies licensed to do business in Arkansas, in form
and substance satisfactory to the Owner, 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 Owner.
27.7. Duration of Insurance Obligations. The Consultant 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 the Consultant'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 the Consultant'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 the
Consultant's services, whichever comes first.
27.8. Consultant's Insurance Primary. All insurance policies maintained by the Consultant pursuant
to this Agreement shall provide that the Consultant's insurance shall be primary and the Owner's
own insurance shall be non-contributing.
27.9. Additional Insured. All liability insurance policies, except the professional liability policy,
maintained by the Consultant pursuant to this Agreement shall be endorsed to include the Owner,
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 Owner.
28. DISPUTES AND CLAIMS
28.1. Notice of Potential Claim. Whenever a Consultant deems that any additional compensation is
due, the Consultant shall notify the Owner 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 Owner within 45 calendar days after the completion or termination date. The Consultant
hereby agrees that the failure to submit the dispute or claim to the Owner 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
Owner 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 Owner's employee knowledgeable about facts that gave
rise to such claim;
• The name, title, and activity of each Consultant, Subconsultant, or employee knowledgeable
about the facts that gave rise to the claim;
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• 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 Owner shall be final and conclusive.
28.5. Continued Performance. Pending final resolution of a dispute or claim, unless the Owner has
terminated this Agreement pursuant to Section 18 or issued a stop work order pursuant to Section
19, the Consultant shall proceed diligently with the performance of this Agreement in accordance
with the Owner's decisions.
28.6. The rights and remedies of the Owner 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 Owner decides the facts justify the action, the Owner 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. The Consultant 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 Owner 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 the Consultant 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 the Consultant and
subject to the Consultant'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.
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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, the Consultant, for itself, its successors, and its assigns,
certifies and agrees as follows:
30.1. Compliance with Regulations. The Consultant 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. The Consultant, 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. The Consultant 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 the Consultant or 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 the Consultant of the Consultant'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. The Consultant 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 Owner, 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 the Consultant is in the exclusive possession of
another who fails or refuses to furnish this information, the Consultant shall so certify to the Owner,
the AHTD or the USDOT and its Affiliated Modes, as appropriate, and shall set forth what efforts
it has made to obtain the information.
30.5. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the
nondiscrimination provisions of this Agreement, the Owner 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 the Consultant under the Agreement until the
Consultant complies with the provisions and/or cancellation, termination, or suspension of the
Agreement, in whole or in part.
30.6. Incorporation of Provisions. The Consultant 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. The Consultant shall take such
action with respect to any subcontract or procurement as the Owner, the AHTD, or USDOT and
its Affiliated Modes may direct as a means of enforcing these terms and conditions, including
30
sanctions for noncompliance; provided, however that, in the event the Consultant becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any
direction, the Consultant may request the Owner or the AHTD to enter into such litigation to protect
the interests of the State, and, liticiation to protect the interest of the United States.
31. DBE CLAUSE
31.1. The Consultant or Subconsultant shall not discriminate on the basis of race, color, national
origin, sex, age, religion, or disability in the performance of this Agreement. The Consultant 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 the
Consultant 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 Owner may determine appropriate.
31.2. The Consultant 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. The Consultant 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. The Consultant, 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. The Consultant 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 Owner'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. The Consultant certifies, to the best of its knowledge and belief, that -
33.1.1. The Consultant 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;
31
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. The Consultant 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; owners; 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. The Consultant shall provide immediate written notice to the Owner if, at any time prior to
contract award, the Consultant 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 the Consultant knowingly rendered an
erroneous certification, the Owner may terminate the contract resulting from this solicitation for
default in addition to any other remedies available to the Owner.
34. MISCELLANEOUS
34.1. General Compliance with Laws. The Consultant 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 the Consultant shall be endorsed and recommended by an
authorized representative of the Consultant, 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. The Consultant 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 Owner 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.
32
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 Owner to strictly enforce any term of this Agreement shall not be
construed as a waiver of the Owner's right to require the Consultant'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.
36. NOTICE
36.1. All notices, approvals, requests, consents, or other communications required or permitted
under this Agreement shall be addressed to either the Owner's Representative or the Consultant's
Representative, and mailed or hand -delivered to:
36.1.1. To the Owner's Representative:
Chris Brown, PE
City of Fayetteville
113W. Mountain Street
Fayetteville, AR 72701
36.1.2. To the Consultant:
Steven Beam, PE
Burns & McDonnell Engineering Company, Inc.
6815 Isaacs Orchard Road, Suite B3
Springdale, AR 72764
IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out
above.
Burns & McDonnell Engineering Company, City of Fay ille
Inc.
BY: BY: ►s.. �_'
Benjamin J. Biller, P.E. a or Li9i1,drdan
Vice President
'3 S I LQ
2/26/16
Date
33
Date
APPENDICES
APPENDIX A JUSTIFICATION OF FEES AND COSTS
APPENDIX B SUBCONTRACTS
B-1 Harbor Environmental, Inc.
B-2 McClelland Consulting Engineers, Inc.
APPENDIX C STANDARD CERTIFICATIONS
C-1 Burns & McDonnell Engineering Company, Inc.
C-2 Harbor Environmental, Inc.
C-3 McClelland Consulting Engineers, Inc.
C-4 City of Fayetteville
APPENDIX D PROJECT SCHEDULE
2
APPENDIX A
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
TOTAL PROJECT SUMMARY
TITLE I SERVICES
HOURS
SALARY
FEE
EXPENSES
TOTAL
PROJECT MANAGEMENT
143
$22,395
$2,687
$0
$25,082
ENVIRONMENTAL CLEARANCE DOCUMENTATION
240
$31,143
$3,737
$3,268
$38,148
INTERCHANGE JUSTIFICATION REPORT
148
$18,728
$2,247
$6,300
$27,275
TRAFFIC DESIGN & PLANS
186
$23,478
$2,817
$8,909
$35,204
ROADWAY DESIGN & PLANS
360
$46,174
$5,541
$340
$52,055
BRIDGE DESIGN & PLANS
1,188
$151,357
$18,163
$264
$169,784
ROW DESIGN & PLANS
5uboonsuttant performed servMces
FIELD SURVEYS AND MAPPING
ubomq rt etprrfarrrtdasrvites :.
GEOTECHNICAL
'�utrr�NtantIorme#Ber�ias
FLOODPLAIN MODELINGIMAPPING
t Subtparfnmr�cfe
SUBTOTAL TITLE I
2,265
$293,275
$35,192
$19,081
$347,548
SUBCONSULTANTS TITLE I
McClelland Consulting Engineers, Inc.
2,054
$169,046
$20,282
$8,709
$198,037
Harbor Environmental, Inc.
123
$9,958
$1,195
$957
$12,110
SUBTOTAL SUBCONSULTANTS TITLE I
2,177
$179,004
$21,477
$9,666
$210,147
TOTAL TITLE I
4,442
$472,279
$56,669
$28,747
$557,695
TOTAL PROJECT
4,442
$472,279
$56,669
$28,747
$557,695
Page 1 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
PROJECT MANAGEMENT
MANHOURS
TASK PD
PM
TECH
ADMIN
TOTAL
General
Project Kick-off Meeting
6
2
8
Monthly Progress Reports and Invoicing
15
30
45
Project Team Coordination & Management
72
72
Quarterly Client Update Meetings
12
6
18
TOTAL L MH - PROJECT MANAGEMENT
0
105
8
0
0
0
30
143
LABOR COSTS
ategory- Desctiption
Rate
MI -I
Amount
PD - Project Director
$70.00
0
$0
PM - Project Manager
$60.00
105
$6,300
SE - Senior Engineer
$50.00
8
$400
STRE - Structural Engineer
$50.00
0
$0
STFE - Staff Engineer
$40.00
0
$0
TECH - Technician
$35.00
0
$0
ADMIN - Administrative Assistant
$25.00
30
$750
Subtotal
$7,450
Overhead 200.61%
$14,945
Subtotal
$22,395
Fee
$2,687
FCCM 0.00%
$0
Subtotal Labor Costs
$25,082
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 1/2 x 11)
each
$0.08
$0
Printing (11 x 17)
each
$0.35
$0
Plotting (22 x 34)
each
$1.35
$0
Mileage (2 trips at 850 miles, 2 trips at 400 miles)
mile
$0.540
$0
Lodging
each
$88.00
$0
Meals (per day)
each
$25.00
$0
Subtotal Expenses
$0
TOTAL COSTS - PROJECT MANAGEMENT
$25,082
BASIS OF ESTIMATE
escripllon
Number
Months
Contract Duration
18
Coordination Meetings
Quarterly
Field Inspections
2
Description
Page 2 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
ENVIRONMENTAL CLEARANCE DOCUMENTATION
IVIANHOURS
TASK
PD--
PM
SE
LES
SES
STES
TECH
ADMIN--
TOTAL
Data Collection
4
12
16
Constraints Map
4
16
20
Hazardous/Regulated Materials
Site Investigation & Desktop Research
10
10
Summary of Findings
10
10
Other Investigations
Socioeconomics
8
8
Other Investigations not listed
8
8
Cultural/Historical Resources
6
40
32
78
Categorical Exlucsion Document
.: ..........
Prepare CE Document
4
16
20
Public Involvement Meeting
Prepare meeting materials
2
20
22
Meetings attendance and debriefings
8
8
8
24
Public comment review and summary
2
2
20
24
TOTAL MH - ENV. CLEAR. DOC.
0
12
0
10
58
120
0
40
240
t-ABOR COSTS
tegory - Description
Rate -
MH
Amount
FID - Project Director
$70.00
0
$0
PM - Project Manager
$60.00
12
$720
I..ES - Lead Environmental Scientist
$65.00
10
$650
SE - Senior Engineer
$50.00
0
$0
SES - Senior Environmental Scientist
$55.00
58
$3,190
STES - Staff Environmental Scientist
$40.00
120
$4,800
TECH - Technician
$35.00
0
$0
ADMIN - Administrative Assistant
$25.00
40
$1,000
Subtotal
$10,360
Overhead
200.61%
$20,783
Subtotal
$31,143
Fee
$3,737
FCCM
0.00%
$0
Subtotal Labor Costs
$34,880
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 1/2 x 11 B&W)
200
each
$0.08
$16
Printing (11 x 17)
30
each
$0.35
$11
i3PS Equipment
1
wk
$450.00
$450
EDR database search
1
each
$175.00
$175
Mileage (6 trips @ 500 miles per trip)
3,000
mile
$0-540
$1,620
Lodging
7
each
$88.00
$616
Meals (per day)
7
each
$25.00
$175
Public Meeting Materials
100
each
$2.05
$205
Subtotal Expenses
$3,268
TOTAL COSTS - ENVIRONMENTAL CLEARANCE DOCUMENTATION
$38,148
Page 3 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
ENVIRONMENTAL CLEARANCE DOCUMENTATION
BASIS OF ESTIMATE
Description
Number
Public Meetings
1
Itematives Evaluations
0
Description
The Cultural Resources effort described above Is based on the tollo twiny activities that will be undertaken:
A Bums & McDonnell archaeologist will review soils data, geological data, historic maps, and other pertinent available information on-line for the project area
A Bums & McDonnell archaeologist will conduct a records search at the State Historic Preservation Office In Little Rock and at the Arkansas Archaeological Survey
in Fayetteville to gather information on recorded historic resources and archaeological sites in the vicinity of the project area
Photographs will be taken of buildings 45 years old or older within or adjacent to the project area
Conduct a cultural resources impact evaluation of the project area, including an examination of any visible cut banks and excavation with a shovel or hand augur to
determine if the floodplain deposits are conducive to the preservation of archaeological sites
Produce a tribal consultation letter that FHWA can utilize for the project
• Produce an agency consultation letter with figures and photographs that will summarize the results of the records search, the impact evaluation, an assessment of
the geoarchaeological potential of the soils in the project area, and recommendations for project clearance for cultural resources or further Investigations as
apprOprlale
Page 4 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
INTERCHANGE JUSTIFICATION REPORT
MANHOURS
TASK
PD
PM
SE
STRE
STFE
TECH
ADMIN
TOTAL
(Engineering & Operational Acceptability
Data Gathering
2
2
4
Operational Analysis Update
16
32
4
52
Crash Analysis Update
8
4
4
16
Technical Memorandum Update
4
16
16
24
8
68
Meetings and Coordination
4
4
8
TOTAL MH - INTCHNG. JUST. REPORT
0
8
44
0
54
34
8
148
LABOR COSTS
Category - Description
Rate
MH
Amount
PD - Project Director
$70.00
0
$0
PM - Project Manager
$60.00
8
$480
SE - Senior Engineer
$50.00
44
$2,200
STRE - Structural Engineer
$50.00
0
$0
STFE - Staff Engineer
$40.00
54
$2,160
TECH - Technician
$35.00
34
$1,190
ADMIN - Administrative Assistant
$25.00
8
$200
Subtotal
$6,230
Overhead 200.61%
$12,498
Subtotal
$18,728
Fee
$2,247
FCCM 0.00%
$0
Subtotal Labor Costs
$20,975
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 1/2 x 11)
190
each
$0.08
$15
Printing (11 x 17)
10
each
$0.35
$4
Plotting (22 x 34)
0
each
$1.35
$0
Mileage (1 trips at 250 miles one-way)
500
mile
$0.540
$270
Lodging and Meals ($88 Lodging, $25 Meals)
1
each
$113.00
$113
24 -Hour Turning Movement Counts
5
each
$1,080.00
$5,400
18 -Hour Continuous Traffic Counts
9
Lane
$700.00
$6,300
Subtotal Expenses
$12,102
TOTAL COSTS - INTERCHANGE JUSTIFICATION REPORT
$27,275
Page 5 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
INTERCHANGE JUSTIFICATION REPORT
BASIS OF ESTIMATE
Description
Number
Evaluation of the currently proposed Fulbright Expressway & Hwy 71 B Interchange (2015 AM/PM Existing Configuration)
1
Evaluation of the currently proposed Fulbright Expressway & Hwy 71 B Interchange (2035 AM/PM Proposed Concept)
1
Report Printing (50 Pages Estimated, 2 Copies to AHTD, 2 Copies to City of Fayettevile)
4
Turning Movement Counts
Masonic Drive & Highway 71 B (24 Hours)
1
Millsap Road & Highway 71 B (24 Hours)
1
Millsap Road & Front Street (24 Hours)
Highway 71B & Front Street (24 Hours)
1
Sain Street & Front Street (24 Hours)
•1
Continuous Traffic Counts
Flyover Ramp (2 -Lanes)
1
Flyover Ramp Connector to Westbound Fullbright Expressway (1 -Lane)
1
Highway 71B Southbound to Westbound Fullbright Expressway (2 -Lanes)
1
Eastbound Fullbright Expressway Ramp to Southbound Highway 71 B (1 -Lane)
1
Eastbound Fullbright Expressway Ramp to Northbound Highway 71B (1 -Lane)
1
Southbound Highway 71B to Southbound Highway 71 B (2 -Lanes)
1
Description
Interchange Justification Report will be updated using Synchro v8 and HCS2010.
A saturation flow rate of 1,750 vehicles per hour per lane will be utilized.
The Fulbright Expressway & Highway 71 B Merge, Diverge, and Weave points will be evaluated using HCS2010 Software.
At Grade Intersections will be evaluated using Synchro v8 Software.
Forecasted traffic volumes will be updated using historical traffic volumes and growth rates to Design Year 2035.
It is assumed that the LOS in Design Year 2035 will be acceptable as currently designed and no additional analysis will be required.
The preparation of Exhibits showing the proposed improvements is included in the Roadway effort.
Page 6 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
TRAFFIC DESIGN & PLANS
MANHOURS
TASK
PD
j PM
SE
SIRE
STFE
TECH
ADMIN
TOTAL
Non -Interchange Alternatives
Data Gathering
2
2
4
Schematic Design & Operational Analysis - Alt. 1
8
16
16
40
Schematic Design & Operational Analysis - Alt. 2
4
4
16
24
Schematic Design & Operational Analysis - Alt. 3
8
8
16
32
Joyce Blvd & Hwy 71 B Analysis
16
16
32
Alternatives Analysis Report & Recommendations
2
16
24
4
46
Meetings & Coordination
4
4
8
TOTAL MH - TRAFFIC DESIGN & PLANS
0
6
56
0
70
50
4
186
LABOR COSTS
Category - Description
Rate
Mil
Amount
PD - Project Director
$70.00
0
$0
PM - Project Manager
$60.00
6
$360
SE - Senior Engineer
$50.00
56
$2,800
STRE - Structural Engineer
$50.00
0
$0
STFE - Staff Engineer
$40.00
70
$2,800
TECH - Technician
$35.00
50
$1,750
+\DMIN - Administrative Assistant
$25.00
4
$100
Subtotal
$7,810
Overhead
200.61%
$15,668
Subtotal
$23,478
Fee
$2,817
FCCM
0.00%
$0
Subtotal Labor Costs
$26,295
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 1/2 x 11)
30
each
$0.08
$2
Printing (11 x 17)
10
each
$0.35
$4
Plotting (22 x 34)
0
each
$1.35
$0
Mileage (1 trips at 250 miles one-way)
500
mile
$0.540
$270
Lodging and Meals ($88 Lodging, $25 Meals)
1
each
$113.00
$113
24 -Hour Turning Movement Counts
4
each
$1,080.00
$4,320
l8 -Hour Continuous Traffic Counts
6
Lane
$700.00
$4,200
Subtotal Expenses
$8,909
TOTAL COSTS - TRAFFIC DESIGN & PLANS
$35,204
Page 7 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
TRAFFIC DESIGN & PLANS
BASIS OF ESTIMATE
Descrlpfiort
Number
klternative 1 Is defined as a north/south connection from Masonic Drive to Sain Street.
1
Alternative 2 is defined as investigation of the Millsap Road & Hwy. 71 B Intersection, including Interim conditions
1
klternative 3 is defined as the relocation of the northbound off ramp at Joyce Blvd to a point south along Front Street.
1
Conference Calls
4
Report Printing (20 Pages Estimated, 2 Copies to City of Fayettevile)
2
fuming Movement Counts
Joyce Boulevard with Highway 71 B (24 Hours)
1
Joyce Boulevard with Northbound Off Ramp (24 Hours)
1
Joyce Boulevard with Front Street (24 Hours)
1
Shephert Lane with Highway 71 B (24 Hours) _
1
Continuous Traffic Counts (Joyce West of 71 B, Northbound Off Ramp to Joyce)
Joyce Boulevard West of Highway 71 B (5 -Lane Section)
1 _
Nortbound Off Ramp to Joyce Boulevard (1 -Lane)
1
Deacr(ption
Analysis will be completed using Synchro v8 and HCS2010.
A saturation flow rate of 1,750 vehicles per hour per lane will be utilized.
Forecasted traffic volumes will be updating using historical traffic volumes and growth rates.
Analysis will include existing year (2015) analysis, opening year (TBD) analysis, and design year (2035) analysis.
Analysis will Include both build and no build conditions.
Page 8 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
ROADWAY DESIGN & PLANS
MANHOURS
TASK
PD
PM
SE
SIRE
STFE
TECH
ADMIN
TOTAL
Design Criteria
4
4
Conceptual Design (30%) - Intchng Modifications
Design & Plan Production
20
60
120
80
280
Conceptual Design (30%) - Sain Street
Plan Review
4
8
12
Preliminary Design (50%) - Sain Street
Plan Review
4
16
20
Field Inspection/ Plan Review Meeting
2
2
4
Final Design (90%) - Sain Street
Plan & Specifications Review
8
16
24
Field Inspection/ Plan Review Meeting
2
2
4
Final Design (100%) - Sain Street
Plan Review
4
8
12
TOTAL MH - ROADWAY DESIGN & PLANS
0
24
88
0
168
80
0
360
LABOR COSTS
ategory.- Description
Rite
MH
Arhourtt
PD - Project Director
$70.00
0
$0
PM - Project Manager
$60.00
24
$1,440
!SE - Senior Engineer
$50.00
88
$4,400
13TRE - Structural Engineer
$50.00
0
$0
:STFE - Staff Engineer
$40.00
168
$6,720
TECH - Technician _
$35.00
80
$2,800
ADMIN - Administrative Assistant
$25.00
0
$0
Subtotal
$15,360
Overhead 200.61%
$30,814
Subtotal
$46,174
Fee
$5,541
FCCM 0.00%
$0
Subtotal Labor Costs
$51,715
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (11 x 17)
200
each
$0.35
$70
Plotting (22 x 34)
200
each
$1.35
$270
Subtotal Expenses
$340
TOTAL COSTS -ROADWAY DESIGN & PLANS
$52,055
Page 9 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
ROADWAY DESIGN & PLANS
BASIS OF ESTIMATE
Description
. Miles
Sain Street
0.5
lnterchange
1.0
Ramps
0.2
Description
Conceptual (30%) Roadway Design for the Interchange Modifications will support the preparation of the IJR and serve to refine the planning level
budget for the interchange improvements.
he complete design for the extension of Sain Street will be performed by McClelland Consulting Engineers under the oversight of Burns &
McDonnell. See the Subconsultant information for the justification of the cost for the design of Sain Street.
Page 10 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
BRIDGE DESIGN & PLANS
MANHOURS
TASK
PD
PM
STRE
STFE
TECH
ADMIN
TOTAL
Design Criteria
8
8
Conceptual Design (30%) - College Ave.
Design & Plan Production
20
60
20
40
140
Conceptual Design (30%) - Sain St. over Mud Cr.
Geotechnical Coordination
1
4
4
2
11
Hydraulic Coordination
2
4
8
14
Design & Plan Production
1
16
16
8
32
73
Preliminary Design (50%) - Sain St. over Mud Cr.
Design & Plan Production for Layout Approval
4
60
80
60
204
Conceptual Work Road Design & Drawings
2
8
16
12
38
Final Design (90%) - Sain St. over Mud Creek
90% Bridge Plans including QA/QC
6
32
160
180
200
578
Develop Project Specifications
4
8
12
Develop Final Quantities and Estimate
8
16
24
Field Inspection/ Plan Review Meeting
8
8
Final Design (100%) - Sain St. over Mud Creek
Address 90% Review Comments
2
16
24
24
66
Provide Signed & Sealed Bid Documents
4
8
12
TOTAL MH - BRIDGE DESIGN & PLANS
0
18
72
364
356
378
0
1.188
LABOR COSTS
Category - Description
Rate
MH
Amount
PD - Project Director
$70.00
0
$0
PM - Project Manager
$60.00
18
$1,080
SE - Senior Engineer
$50.00
72
$3,600
STRE - Structural Engineer
$50.00
364
$18,200
STFE - Staff Engineer
$40.00
356
$14,240
TECH - Technician
$35.00
378
$13,230
ADMIN - Administrative Assistant
$25.00
0
$0
Subtotal
$50,350
Overhead 200.61%
$101,007
Subtotal
$151,357
Fee
$18,163
FCCM 0.00%
$0
Subtotal Labor Costsl $169,520
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 1/2 x 11)
300
each
$0.08
$24.
Printing (11 x 17)
300
each
$0.35
$105
Plotting (22 x 34)
100
each
$1.35
$135
Subtotal Expenses
$264
TOTAL COSTS - BRIDGE DESIGN & PLANS
$169,784
Page 11 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
BRIDGE DESIGN & PLANS
BASIS OF ESTIMATE
Description
The scope of work is based on providing design and detaIing for a new bridge to carry Sain Street over Mud Creek. The manhours for the
proposed structure are based on:
1. Bridge cross section to carry 4 lanes of traffic, median, sidewalks each side, standard concrete parapet rail and type h metal bridge rail.
2. 3 span steel w -beam bridge, expansion end bents on steel piles with turn back wings and multiple column intermediate bents on steel piles.
3. Transitional approach rails off each wing.
4. Ashlar stone form liner on exterior of parapet rail and wings (excludes aesthetic enhancement of piers).
5. Slab drains and lighting are excluded.
The scope for interchange related structures (EB Sain, WB Sain, & College) only includes support necessary for 30% Roadway Plans,
The scope of work includes providing preliminary span arrangements and structure depths for use in preparing 30% proposed alignments
and profiles. Verifying vertical clearances to bridge members to satisfy Federal guidelines.
Page 12 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
SUBCONSULTANT SUMMARY
TITLE I SERVICES
HOURS
SALARY
FEE
EXPENSES
TOTAL
ENVIRONMENTAL CLEARANCE
123
$9,958
$1,195
$957
$12,110
FIELD SURVEYS AND MAPPING
371
$25,415
$3,049
$52
$28,516
ROADWAY DESIGN & PLANS
1,228
$104,681
$12,559
$419
$117,659
ROW DESIGN & PLANS
174
$13,727
$1,647
$19
$15,393
GEOTECHNICAL
129
$9,734
$1,168
$8,190
$19,092
FLOODPLAIN MODELING
152
$15,489
$1,859
$29
$17,377
SUBCONSULTANT TOTAL TITLE I
2,177
$179,004
$21,477
$9,666
$210,147
SUBCONSULTANT TOTAL PROJECT
2,177
179,004
21,477
9,666
$210,147
Page 13 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
ENVIRONMENTAL CLEARANCE DOCUMENTATION
HARBOR ENVIRONMENTAL, INC.
MANHOURS
TASK
10
TM
SE
LES
SES
STES
TECH
ADMIN
TOTAL.
Biological Investigations
Weiland Surveys & Delineations
2
24
24
50
Weiland Report
2
8
16
2
26
U.S. Army Corps of Engineers Coordination
1
2
4
7
Threatened & Endangered Species Investigation
1
2
4
2
9
USFWS Coordination
1
2
4
7
NPDES Permitting
SWPPP & STAA Preparation
4
16
2
22
TOTAL MH - ENV. GLEAl2. DOC,
7
38
4
0
66
U
0
6
123
LABOR COSTS
tegaly Description
Rate
MH
Amount
0 -Task Director
$48.08
7
$337
Task Manager
$35.00
38
$1,330
LES - Lead Environmental Scientist
$29.64
0
$0
SE - Senior Engineer
$40.89
- 4
$164
SES - Senior Environmental Scientist
$35.00
68
$2.380
STES - Staff Environmental Scientist
$16,83
0
$0
ECH - Technician
$16.83
0
$0
ADMIN -Administrative Assistant
$16.83
6
$101
Subtotal
$4,312
Overhead 13094%
$5,846
Subtotal
$9,958
Fee
$1,195
FCCM 0.00%
$0
Subtotal Labor Costs
$11,153
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 112 x 11 I3&W)
200
each
$0.08
$16
Printing (11 x 17)
20
each
$0.35
$7
Plotting (22x34)
each
$1-36
$0
Mileage (2 trips @ 400 miles per trip)
800
mile
$0-540
$432
4
each
$88.00
$352
Lodging
Meats (per day)
8
each
$25.00
$150
Subtotal Expenses
$957
TOTAL COSTS - ENVIRONMENTAL CLEARANCE DOCUMENTATION
$12,110
BASIS OF ESTIMATE
'-'on
Harborwill provide a wetland delineation report and appropriate application Information for submittal and approval by USACE. Harbor anticipates
seven (7) days on -site for full delineation activities (2 people). Harbor will coordinate with USFWS regarding potential T&E species at this location.
No site specific studies are included in this estimate.
Harbor will prepare a construction stormwater plan for the extension. No time or materials have been provided for Inspection of erosion control
measures or inspections required under the permit.
Page 14 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
FIELD SURVEYS & MAPPING MCCLELLAND CONSULTING ENGINEERS, INC.
MANHOURS
TASK
PRE
TM
PLS
PC
CREW
TECH
CLR
TOTAL
Control Survey (CSUR)
Field Work
24
24
48
Office Computation & Mapping
1
12
24
37.0
Design Survey (DSUR)
Field Work
40
40
80
Office Computation & Mapping
1
14
24
2
41.0
Parcel Survey (PSUR)
Field Work
30
30
60
Office Computation & Mapping
1
80
24
105
TOTAL MH - FIELD SURVEYS & MAPPING
3
106
94
94
72
2
371
LABOR COSTS
Category - Description
Rate
MH
Amount
P Engineer - Principal En ineer
$55.25
3
$166
rM - Task Manager
$34.00
C
$0
PLS - Registered Land Surveyor
$32.00
106
$3,392
PC - Survey Party Chief
$28.00
94
$2,632
CREW - Survey Field Crewman
$15.00
94
$1,410
TECH - Technician
$24.00
72
$1,728
CLR - Clerical
$21.00
2
$42
Subtotal
$9,370
Overhead 171.17%
$16,039
Subtotal
$25,409
Fee
$3,049
FCCM 0.06%
$6
Subtotal Labor Costs
$28,464
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Mileage (16 trips @6 miles)
96
mile
$0.540
$52
$0
Subtotal Expenses
$52
TOTAL COSTS - FIELD SURVEYS & MAPPING
$28,516
BASIS OF ESTIMATE
Descnption
- Job area is 2,515'x120', 6.9 acres, plus 3 public & 1 private side streets. Includes 2 wooded ditches and 1 perennial stream. Approx. 1/3 of area
is developed for commercial.
- Job site is 6 miles r/t from McClelland offices.
No field surveys being performed for interchange areas
Page 15 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
onenWA V nPSIr;N R P1 AN S MCCLELLAND CONSULTING ENGINEERS, INC.
MANHOURS
TASK
PRE
TM PE
TECH
CD
DRAFT
CLR
IOTA
Conceptual Design (30%)
Environmental Coordination for Avoidance
1
'12
13
30% Roadway Plans including QA/QC
20
48
85
70
50
8
281
30% Construction Estimate
1
7
16
24
Preliminary Design (50%)
Pavement Design
8
5
13
Environmental Coordination for permitting
2
12
14
50% Roadway Plans including QA/QC
40
100
170
140
120
16
586
Develop Project Specifications
4
32
36
50% Construction Estimate
1
8
16
25
Field Inspection/ Plan Review Meeting
4
4
8
Final Design (90%)
90% Roadway Plans including QA/QC
10
10
46
20
20
8
114
Develop Final Quantities and Estimate
20
60
80
Field Inspection/ Plan Review Meeting
2
2
4
Final Design (100%)
Address 90% Review Comments
4
10
8
22
Provide Signed & Sealed Bid Documents
8
8
TOTAL MH - ROADWAY DESIGN & PLANS
97
0 273
406
230
190
32
1,228
LABOR COSTS
Category - Description
Rate
MH
Amount
i'RE - Principal Engineer
$55.25
97
$5,359
TM - Task Manager
$46.00
C
$0
PE - Project Engineer
$38.00
273
$10,374
TECH - Technician
$30.00
406
$12,180
CD - Chief Draftsman
$27.00
230
$6,210
DRAFT - Draftsman
$20.00
190
$3,800
CLR - Clerical
$21.00
32
$672
Subtotal
$38,595
Overhead 171.17%
$66,063
Subtotal
$104,658
Fee
$12,559
FCCM 0.06%
$23
Subtotal Labor Costs
$117,240
Page 16 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
ROADWAY DESIGN & PLANS MCCLELLAND CONSULTING ENGINEERS, INC.
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 1/2 x 11)
1,500
each
$0.05
$75
Printing (11 x 17)
270
each
$0.10
$27
Plotting (22 x 34)
280
each
$0.35
$98
Mileage (6 trips at 6 miles)
36
mile
$0.540
$19
Lodging
each
$0
Meals (per day)
each
$0
Roll Plot
40
If
$5.00
$200
Subtotal Expenses
$419
TOTAL COSTS - ROADWAY DESIGN & PLANS
$117,659
BASIS OF ESTIMATE
Description.
Milos
pprox 2,400 LF 2 -lane street with median crossing flooplain and floodway. Connecting to N. Front St and Joyce Blvd.
0.46
No intersection or signal modifications at Joyce Boulevard are included in this scope of work.
Rainforest Drive Connection
0.06
Total
0.52
Page 17 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
ROW DESIGN & PLANS MCCLELLAND CONSULTING ENGINEERS, INC.
MANHOURS
TASK
PRE
TM
PLS
PC
CREW
TECH
CLR
TOTAL.
Stage 1 - 60% Strip Map
1
16
32
49
Stage 2
0.5
45
9
55
Stage 3
8
2
10
Stage 4-90% Plans
0.5
32
6
14
53
Stage 5 - Final Plans
7
1
8
TOTAL MH - ROW DESIGN & PLANS 2 0 108 0 0 50 14 174
LABOR COSTS
ategory - Description
Rate
MH
Amount
PRE - Principal Engineer
$55.25
2
$111
TM - Task Manager
$34.00'
0
$0
PLS - Registered Land Surveyor
$32.00
108
$3,456
PC - Survey Party Chief
$28.00
0
$0
CREW - Survey Field Crewman
$15.00
0
$0
TECH - Technician
$24.00
50
$1,200
CLR - Clerical $21.00 14
$294
Subtotal
$5,061
Overhead 171.17%
$8,663
Subtotal
$13,724
Fee
$1,647
FCCM 0.06%
$3.
Subtotal Labor Costs
$15,374
EXPENSES
ITEM Quantity Unit Rate Amount
Printing (8 1/2 x 11) each $0
Printing (11 x 17)
each
$0
Plotting (22 x 34)
each
$0
Mileage (6 trips at 6 miles)
36
mile
$0.540
$19
Roll Plot
If
$0
$0
Subtotal Expenses
$19
TOTAL COSTS - ROW DESIGN & PLANS
$15,393
BASIS OF ESTIMATE
Description # Parcels /1 Miles
Route passes 14 tracts, in 3 subdivisions & sectionalized property. 14
Total
Page 18 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
GEOTECHNICAL MCCLELLAND CONSULTING ENGINEERS, INC.
MANHOURS
TASK
PE
TM
ST
LT
GE
FT
ADN11N
TOTAL
Sain Street Geotech (71 B to Joyce)
6
5
8
25
20
60
5
129
TOTAL MH - GEOTECHNICAL
6
5
8
25
20
60
5
129
LABOR COSTS
Category - Description
Rate
MH
Amounl
PE - Principal Engineer
$55.25
6
$332
TM - Task Manager
$46.00
6
$276
ST - Survey Technician
$27.5O
8
$220
LT - Lab/Engineering Technician
$30.50
25
$763
GE - Geotechnical Engineer
$41.40
20
$828
FT - Field Technician
$17.00
60
$1,020
ADMIN - Administrative Assistant
$25.00
6
$150
Subtotal
$3,589
Overhead 171.17%
$6,143
Subtotal
$9,732
Fee
$1,168
FCCM 0.06%
$2
Subtotal Labor Costs
$10,902
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Postage
160
oz.
$0.47
$75
Courier (FedEx)
12
each
$15.00
$180
Mobil¢ation/Demobilization
1
LS
$150.00
$150
Boring Setup
10
each
$35.00
$350
Layout and One -Call
10
hours
$60.00
$600
Soil Drilling in Roadway Area (6 borings - 8' max)
48
LF
$10.00
$480
Soil Drilling in Bridge Area (4 borings - 15' max)
60
LF
$10.00
$600
Rock Drilling in Bridge Area (4 borings - 5' max)
20
LF
$15.00
$300
Rock Coring in Bridge Area (4 borings - 10' max)
40
LF
$35.00
$1.400
ASTM D-2216 Moisture Content Determination
60
each
$10.00
$600
ASTM D-4318 Liquid and Plastic Limit of Soils
12
each
$50.00
$600
ASTM D-422 Gradation Analysis of Soils (6 sieves)
12
each
$50.00
$600
ASTM D-2166 Unconfined Compressive Strength
15
each
$35.00
$525
ASTM D-2166 Dry Unit Weight of Specimens
20
each
$12.00
$240
ASTM D-1888 California Bearing Ratio
1
each
$200.00
$200
ASTM D-698 Standard Proctor (w/ Classification)
1
each
$150.00
$150
Traffic Control
8
hours
$80.00
$640
E3ackhoe Rental (1/2 day min)
1
LS
$500.00
$500
Subtotal Expenses
$8,190
TOTAL COSTS - GEOTECHNICAL
$19.092
Page 19 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
GEOTECHNICAL MCCLELLAND CONSULTING ENGINEERS, INC.
BASIS OF ESTIMATE
Description
Miles
;f Borings
Roadway - Planned Saln Street
N/A
6
Existing Pavement (71 B to Joyce)
N/A
3
New Roadway (71 B to Joyce)
NIA
3
Description # Bridges # Bents Length Ret. Walls
#/ Borings
Bridge across Mud Creek 1 4 NIA
4
Description
Geotechnical Investigation will be conducted for the purpose of obtaining subgrade soil, rock, and existing pavement data to prepare a
Geotechnical Report which will include recommendations for new pavement sections, overlay sections (if planned), road subgrade materials,
planned grading, bridge abutment foundations, and retaining walls for the portion of the project from Highway 71 B to Joyce Boulevard. The above
cost estimate is relative to the planned Sain Street dimensions from Highway 71 B to Joyce Boulevard. If changes occur to the project
Geotechnical scope, such as the addition of side streets or the addition of roads and/or bridges west of Highway 71 B, the project Geotechnical fee
will adjust accordingly.
Geotechnical investigalion of the interchange area is not included in this scope of work.
Page 20 of 21
Appendix A - Justification of Costs and Fees
February 19, 2016
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
FLOODPLAIN MODELING MCCLELLAND CONSULTING ENGINEERS, INC.
MANHOURS
TASK
PRE
TM
PE
TECH
CD
DRAFT
CLR
TOTAL
H&H Study/ CLOMR
Modeling & Design
8
80
88
CLOMR Application & Report & FEMA Coord.
4
40
20
64
TOTAL MH - FLOODPLAIN MODELING
0
12
120
20
0
0
0
152
LABOR COSTS
Category - Description
Rate
MH
Amount
PRE - Principal Engineer
$55.25
0
$0
TM - Task Manager
$46.00
12
$552
PE - Project Engineer
$38.00
120
$4,560
TECH - Technician
$30.00
20
$600
CD - Chief Draftsman
$27.00
0
$0
DRAFT - Draftsman
$20.00
0
$0
CLR - Clerical
$21.00
0
$0
Subtotal
$5,712
Overhead 171.17%
$9,777
Subtotal
$15,489
Fee
$1,859
FCCM 0.06%
$3
Subtotal Labor Costs
$17,351
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 1/2 x 11)
500
each
$0.05
$25
Plotting x
(22 34)
10
each
$0.35
$4
Subtotal Expenses
$29
TOTAL COSTS - FLOODPLAIN MODELING
$17,380
BASIS OF ESTIMATE
Description
Each
Mites
Length of Riverine Analysis
0.5
Number of proposed structures
Description
This effort will involve the hydraulic analysis in HEC-RAS and the mapping of floodplain modifications caused by the proposed bridge over Mud Creek.
Upon completion of the design and analysis of the structure, a Conditional Letter of Map Revision will be prepared and submitted for FEMA Review.
FEMA Fees to support this effort will be paid directly by the City of Fayetteville and are not included in these costs.
The Letter of Map Revision required post -construction is not included in this scope of work or fee.
Page 21 of 21
APPENDIX B
B-1
SUBCONSULTANT AGREEMENT
JOB NO. 040688
FEDERAL AID PROJECT ("FAP") NO. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
Washington County
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
the Consultant and the City of Fayetteville ("Owner") for Job No. 040688, dated
Burns & McDonnell Engineering Company, Inc. ("Consultant")
and Harbor Environmental. Inc. ("Subconsultant") hereby agree that the Subconsultant
shall perform the professional and related services as described herein. In consideration
for the performance of the professional services the Consultant agrees to compensate
(and reimburse, if applicable) the Subconsultant 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 the
Subconsultant.
2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED
Subconsultant shall perform the following scope in support of the project:
Title I Services:
2.1. ENVIRONMENTAL CLEARANCE DOCUMENTATION
2.1.1. 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, but not restricted to:
• Wetlands and Stream Impacts
• Water Quality, including Public Drinking Supplies
• Terrestrial and Aquatic Communities
• Endangered and Threatened Species
ENVIRONMENTAL CONSTRAINTS MAP All environmental data collected will be
transferred to digital sources to produce a map that indicates all known environmentally
sensitive areas related to the above items and provided to the Consultant for avoidance
and minimization of impacts.
2.1.2.BIOLOGICAL INVESTIGATIONS
2.1.2.1. The Subconsultant will conduct wetland surveys and delineations to determine
the limits of all jurisdictional waters of the United States and potential
jurisdictional wetlands within the project limits. The area of project impact to
jurisdictional waters, including wetlands and streams, will be determined to
permit the project under Section 404 of the Clean Water Act. Wetlands will be
delineated using the U.S. Army Corps of Engineers (USACE) Wetland
Delineation Manual of 1987 and applicable supplemental guidance published
by the USACE for the project location.
2.1.2.2. The Subconsultant will contact the U.S. Fish and Wildlife Service (USFWS) to
ensure all state and federally listed threatened and endangered species of
concern are identified, as well as their habitat areas, to avoid/minimize impacts.
This coordination will assist in providing guidelines from these agencies on
existence, habitat and mitigation. If suitable habitat for any listed threatened or
endangered species is encountered within potential location alternatives, it may
be necessary to survey for the species. Presence and absence surveys for any
listed threatened or endangered species are not included as a part of this
scope.
2.1.3.STORM WATER POLLUTION PREVENTION PLAN (SWPPP) SUBMITTAL The
Subconsultant shall prepare a SWPPP containing all the necessary data needed to
obtain a SWPPP permit for the project, including the AHTD, ADEQ and Owner data
and details.
2.1.4.The Subconsultant shall prepare a Short Term Activity Authorization (STAA) to be
submitted to ADEQ for work within Mud Creek.
Title II Services:
Title II Services are not included this Agreement.
3. COSTS. FEES, PAYMENTS AND RATE SCHEDULES
3.1 This Agreement is a cost -plus -fixed -fee contract. The Subconsultant is being hired to
perform professional services in connection with the Project as set forth herein. In
consideration for Title I services performed, the Owner will reimburse the Consultant for
allowable direct and indirect costs, as defined herein, and pay the Subconsultant a fixed
fee.
3.2 "Contract Ceiling Price". The Contract Ceiling Price for this Agreement is $12,110. The
Contract Ceiling Price is the maximum aggregate amount of all payments that the
Consultant may become obligated to make under this Agreement. In no event, unless
modified in writing, shall total payments by the Consultant related to Title I Services exceed
the Contract Ceiling Price. The Subconsultant shall not be entitled to receive adjustment,
reimbursement, or payment for, nor shall the Consultant, its officers, agents, employees,
or representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling
Price.
3.3 "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 the
Subconsultant under this Agreement is a provisional 130.94 percent.
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 Consultant shall pay to the
Subconsultant a fixed fee of $1,195 for Title I Services.
3.5 Salaries. The following schedule covers the classification of personnel and the salary
ranges for all personnel anticipated to be assigned to this project by the Subconsultant:
3.5.1 SCHEDULE OF SALARY RANGES
Staff Classification
Low Rate
per Hour
High Rate
per Hour
Task Director
$35.23
$52.32
Task Manager
35.23
38.40
Lead Environmental Scientist
25.65
39.01
Senior Engineer
25.64
29.36
_
Senior Environmental Scientist
21.61
25.65
Staff Environmental Scientist
14.63
20.05
Technician
14.63
20.05
Administrative Assistant
14.63
19.90
3.5.2 The Consultant shall reimburse the Subconsultant for overtime costs only when
the overtime has been authorized in writing by the Consultant and Owner. When
authorized, overtime shall be reimbursed at the rate of time and one-half for all
nonexempt employees. Notwithstanding this provision, the Subconsultant must
comply with all federal and state wage and hour laws and regulations, regardless
whether the overtime is considered reimbursable under this Agreement.
3.6 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:
3.6.1 Not more often than once per month, the Subconsultant shall submit to the
Consultant, in such form and detail as the Consultant or Owner 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 Consultant or Owner.
3.6.2 In making estimates for fee purposes, such estimates shall include only the amount
and value of the work accomplished and performed by the Subconsultant under
this Agreement which meets the standards of quality established under this
Agreement. The Subconsultant shall submit with the estimates any supporting
data required by the Consultant or Owner. At a minimum, the supporting data shall
include a progress report in the form and number required by the Owner.
3.6.3 Upon approval of the estimate by the Consultant, payment upon properly executed
vouchers shall be made to the Subconsultant, upon receipt of payment to the
Consultant from Owner, of 100 percent of the allowed costs, and 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
Owner 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.
3.6.4 Before final payment under the Agreement, and as a condition precedent thereto,
the Subconsultant shall execute and deliver to the Consultant a release of all
claims which are known or reasonably could have been known to exist against the
Consultant or Owner arising under or by virtue of this Agreement, other than any
claims that are specifically excepted by the Subconsultant from the operation of
the release in amounts stated in the release.
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3.7 Title I Services, Title II 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.
3.8 Final payment: The Subconsultant 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 Consultant may approve in writing) after the completion date.
Upon approval of the completion invoice or voucher, and upon the Subconsultant's
compliance with all terms of this Agreement, the Consultant shall promptly pay any
balance of allowable costs and any retainage owed to the Subconsultant once payment
for those services has been received from the Owner. After the release of said retainage
Subconsultant agrees that it will continue to provide consultation services to the Owner
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.
The Subconsultant shall pay to the Consultant any refunds, rebates, credits, or other
amounts (including interest, if any) accruing to or received by the Subconsultant or any
assignee under this Agreement, to the extent that those amounts are properly allocable to
costs for which the Subconsultant has been reimbursed by the Consultant. Reasonable
expenses incurred by the Subconsultant for securing refunds, rebates, credits, or other
amounts shall be allowable costs if approved by the Consultant and Owner. Before final
payment under this Agreement, the Subconsultant and each assignee whose assignment
is in effect at the time of final payment shall execute and deliver—
• An assignment to the Consultant, in form and substance satisfactory to the Owner,
of refunds, rebates, credits, or other amounts (including interest, if any) properly
allocable to costs for which the Subconsultant has been reimbursed by the
Consultant under this Agreement; and,
A release discharging the Consultant and Owner, 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.
3.9 Owner's Right to Withhold Payment. The Consultant may withhold payment to such extent
as it deems necessary as a result of: (1) third party claims arising out of the services of
the Subconsultant and made against the Consultant or Owner; (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) the Subconsultant's
default or unsatisfactory performance of services. The withholding of payment under this
provision shall in no way relieve the Consultant of its obligation to continue to perform its
services under this Agreement.
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 the Consultant and Subconsultant. Therefore, notwithstanding
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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. The
Subconsultant 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 the Consultant and
Subconsultant. 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 the Subconsultant owed to
the Consultant. 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. The Subconsultant'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 the Consultant.
5.3. The Disputes and Claims provisions of the Prime Agreement shall not apply to this
Subconsultant Agreement.
6. RECORDS & AUDITS
6.1. 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.
6.2. Examination. The Subconsultant shall maintain, and the Owner, 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 the Subconsultant's offices and facilities,
or parts of them, engaged in performing the Agreement.
6.3. Supporting Data. If the Subconsultant 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 Owner, 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
the Subconsultant'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;
5
• 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.
6.4. Audit. The Owner, AHTD, FHWA, or their authorized representatives, shall have
access to and the right to examine any of the Subconsultant's records involving
transactions related to this Agreement or a subcontract hereunder.
6.5. Reports. If the Consultant is required to furnish cost, funding, or performance reports,
the Owner, 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 the Consultant's policies and procedures to produce data compatible
with the objectives of these reports and (2) the data reported.
6.6. Availability. The Consultant 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—
6.6.1.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,
6.6.2.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.
7. SUBCONTRACTING
7.1. Unless expressly disclosed in Appendix B, the Subconsultant may not subcontract any
of the services to be provided herein without the express written approval of the Owner.
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.
7.2. Unless the consent or approval specifically provides otherwise, neither consent by the
Owner to any subcontract nor approval of the Subconsultant'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 the Subconsultant of any responsibility, obligation, or duty
under this Agreement.
7.3. 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.
7.4. 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 Owner without the express written agreement of the Owner.
6
7.5. Prompt Payment. The Subconsultant shall pay subcontractors for satisfactory
performance of their subcontracts within 30 days of receipt of each payment by the
Consultant to the Subconsultant. Any retainage payments held by the Subconsultant 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 the
Subconsultant. If the Subconsultant fails to comply with this provision, in addition to any
other rights or remedies provided under this Agreement, the Owner, 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 Owner, against reimbursements or payments
otherwise due the Subconsultant;
notify any sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the Subconsultant
until the Subconsultant ensures that the subcontractors have been and will be
promptly paid for work performed.
8. COVENANT AGAINST CONTINGENCY FEES
8.1. The Subconsultant 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 Consultant 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.
8.2. Bona fide agency, as used in this section, means an established commercial or selling
agency, maintained by the Subconsultant 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.
8.3. Bona fide employee, as used in this section, means a person, employed by the
Subconsultant and subject to the Subconsultant'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.
8.4. 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.
8.5. 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.
9. TITLE VI ASSURANCES (NONDISCRIMINATION)
During the performance of this Subconsultant Agreement, the Subconsultant, for itself,
successors, and assigns, certifies and agrees as follows:
9.1. Compliance with Regulations. The Subconsultant 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.
9.2. Nondiscrimination. The Subconsultant, 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 procurement of materials and leases of equipment. The Subconsultant shall not
participate either directly or indirectly in any discrimination prohibited by Section 21.5 of
the Regulations, including employment practices.
9.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all
solicitations, either by competitive bidding or negotiation, made by the Subconsultant 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 the
Subconsultant of the Subconsultant's obligations under this Subconsultant Agreement
and the Regulations relative to nondiscrimination on the grounds of race, color, national
origin, sex, age, or disability.
9.4. Information and Reports. The Subconsultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit access
to its books, records, and accounts, other sources of information, and its facilities as may
be determined by the Owner, the AHTD, or the FHWA to be pertinent to ascertain
compliance with such regulations and directives. Where any information required of the
Subconsultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Subconsultant shall so certify to the Owner, the AHTD or the FHWA, as
appropriate, and shall set forth the efforts made by the Subconsultant to obtain the records
or information.
9.5. Sanctions for Noncompliance. In the event of the Subconsultant's noncompliance with
the nondiscrimination provisions of this Subconsultant Agreement, the Owner shall
impose such contract sanctions as it, the AHTD, or the FHWA may determine to be
appropriate, including but not limited to, withholding of payments to the Consultant or
Subconsultant under the Agreement until the Subconsultant complies with the provisions
and/or cancellation, termination, or suspension of the Subconsultant Agreement, in whole
or in part.
9.6. Incorporation of Provisions. The Subconsultant 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. The
Subconsultant shall take such action with respect to any subcontract or procurement as
the Owner, the AHTD, or FHWA may direct as a means of enforcing these terms and
conditions, including sanctions for noncompliance; provided, however that, in the event
the Subconsultant becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction, the Subconsultant may request the
Owner, the AHTD, or the United States to enter into the litigation to protect the interests
of the State and the United States, respectively.
8
10. DBE CLAUSE
10.1. The Subconsultant shall not discriminate on the basis of race, color, national origin,
sex, age, religion, or disability in the performance of this Subconsultant Agreement. The
Subconsultant 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 the Subconsultant 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.
11. TITLE II OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION)
11.1. The Subconsultant 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.
11.2. The Subconsultant, 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. The Consultant shall not participate either directly or indirectly in any
discrimination prohibited by the Regulations, including employment practices.
11.3. In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the Owner'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.
12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT
AND OTHER RESPONSIBILITY MATTERS
12.1. The Subconsultant certifies, to the best of its knowledge and belief, that -
12.1.1. The Subconsultant and any of its Principals -
12.1.1.1. Are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any federal or state agency;
12.1.1.2. 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;
12.x.1.3. Are-nof presently indicted for, or otherwise criminally or civilly charged by
a governmental entity with, commission of any of the offenses enumerated in
subsection 12.1.1.2; and,
12.1.1.4. The Subconsultant has not within a 3 -year period preceding this offer, had
one or more contracts terminated for default by any federal or state agency.
12.2. Principals, for the purposes of this certification, means officers; directors; owners;
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.
12.3. The Subconsultant shall provide immediate written notice to the AHTD if, at any time
prior to contract award, the Subconsultant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
12.4. The certification in subsection 12.1 is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Subconsultant
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.
13. NOTICE
13.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be mailed or hand -delivered to:
13.1.1. To the Subconsultant:
Leslie Davis
Harbor Environmental, Inc. d/b/a Harbor Environmental and Safety
8114 Cantrell Road, Suite 350
Little Rock, AR 72227
13.1.2. To the Consultant:
Steven Beam, PE
Burns & McDonnell Engineering Company, Inc.
6815 Isaacs Orchard Road, Suite B3
Springdale, AR 72764
IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be
effective " - 5 - t
& MCDONNELL ENGINERING HARBOR E ONMENT INC.
Y, INC.
r Y.
e9hiin J ler, P.E. she Davis
i Prese t rincipal
10
APPENDIX B
B-2
SUBCONSULTANT AGREEMENT
JOB NO. 040688
FEDERAL AID PROJECT ("FAP") NO. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
Washington County
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
the Consultant and the City of Fayetteville ("Owner") for Job No. 040688, dated
Burns & McDonnell Engineering Company, Inc. ("Consultant") and
McClelland Consulting Engineers, Inc. ("Subconsultant") hereby agree that the
Subconsultant shall perform the professional and related services as described herein. In
consideration for the performance of the professional services the Consultant agrees to
compensate (and reimburse, if applicable) the Subconsultant 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 the
Subconsultant.
2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED
Subconsultant shall perform the following scope in support of the project:
2.1. Title I Services:
2.1.1.FIELD SURVEYS AND MAPPING
2.1.1.1. The Subconsultant shall be responsible for obtaining all required aerial
photography and topographic mapping. The Subconsultant shall also be
responsible for all field surveys including topographic surveys, hydraulic
surveys, property surveys, and utility surveys, as needed, to identify all
existing features along the project including soil borings and establishing
project control. Surveying procedures and requirements as established by
AHTD Survey Procedures Manual do not apply to this project. All services
performed shall be consistent with Arkansas minimum standards and in
compliance with Arkansas laws and regulations governing the practice of
Land Surveyors and with all Federal, State and Local laws, regulations and
ordinances applicable to the work.
2.1.2.ROADWAY DESIGN AND PLANS
2.1.2.1. Submit an updated cost estimate with each design review, include costs
for utilities, etc. as applicable.
2.1.2.2. CONCEPTUAL ROADWAY DESIGN (30% Submittal) Submit design
criteria to be used in the design of the project for approval by the Owner prior
to beginning preliminary design work.
2.1.2.2.1. Provide application for a Conditional Letter of Map Revision for
the proposed bridge crossing to the Owner for review and approval by the
City Floodplain Administrator. An existing flood insurance rate study
hydraulic model is available in HEC-RAS format which will be updated by
the Consultant to include the proposed bridge and roadway.
2.1.2.2.2. Submit 30% plans for review by the Owner to include at a
minimum: the proposed alignment with horizontal curve data, grades with
vertical curve data, outline of proposed bridge showing length & width,
limits of construction, existing property lines and r/w, floodway and
floodplain limits, and existing aerial photography and/or topographic
survey.
2.1.2.2.3. Analyze the existing northbound leg of the Joyce Boulevard &
Vantage Drive intersection to provide an adequate left turn storage lane
along with minor realignment of Vantage Drive to better meet the design
standards for a collector street. Also analyze the need for a short left turn
lane for E. Rainforest Road so that traffic will not back up into Joyce
Boulevard.
2.1.2.2.4. Deliverables: Provide four (4) paper copies (half size I 1x17), one
electronic pdf, and AutoCad/Civil 3D files for plan review.
2.1.2.3. PRELIMINARY ROADWAY DESIGN (50% Submittal)
2.1.2.3.1. Obtain soil borings for pavement design.
2.1.2.3.2. Provide pavement design alternatives according to the
requirements of the Roadway Design Plan Development Guidelines using
AASHTO design procedures, and submit recommendation to Owner and
AHTD for approval.
2.1.2.3.3. Provide the roadway plan sheets. A field inspection for each
project may be performed at the 50% and 90% review level. Preliminary
plans shall be submitted at the 50% level for AHTD approval of the
geometric design, title sheet, and typical sections as defined in
Attachment A - Roadway Design Plan Development Guidelines.
2.1.2.3.4. The Subconsultant shall prepare all design related displays to be
used at the public meeting when needed. This would include, but not be
limited to plans of the proposed route illustrating the proposed horizontal
and vertical alignments complete with all bridge structure. All proposed
and existing right of way requirements, including easements, shall be
included on this display.
2.1.2.3.5. The preliminary roadway plans (50% submittal) shall show, as a
minimum:
• The title sheet shall generally conform to the AHTD standard title
sheet.
2
• The typical sections will include notes pertaining to slopes,
tolerances, leveling, and other items. The typical sections will
contain information depicting the width of the subgrade, all lanes,
shoulders, and clear zones. The side slopes (run/rise) and
finished grade cross slopes (ft./ft.) will also be shown. The point
of profile will be defined and the location of pipe underdrains if
needed will be illustrated. The location and shape for all ditches
will be also be depicted.
• Based on traffic data and geotechnical investigations, pavement
design recommendations will be delivered to the Owner and
AHTD for their review and approval. Pertinent data and design
calculations will be provided as well as the actual pavement
section recommendations. The approved pavement designs will
be incorporated into the typical sections.
• Project specific details required to properly construct elements of
the job that are not covered in the standard drawings or other plan
drawings will be developed as needed.
a Control detail sheets of the survey baseline and design centerline
with control point data in accordance with the standard used by
the Roadway Design Division of AHTD (required only if survey is
necessary).
• Roadway Plan & Profile Sheets
• The plan and profile sheets will contain information including the
following in the plan view: proposed centerline and travel lanes,
existing topography, existing utilities, horizontal geometry (curve
data, PI's, bearings), north arrow, lane and shoulder dimensions,
taper dimensions, proposed driveways and side streets, proposed
cross drains and related construction notes, bridge end stationing,
sketch of bridge layouts, guardrail locations, turning radii, limits of
existing and proposed right-of-way and control of access
(including fence), permanent and temporary construction
easements, construction limits, location of right-of-way points and
benchmarks, floodplain limits, and other data as required.
• The plan and profile sheets will contain information including the
following in the profile view: proposed vertical geometry (including
VPI's, grades, and ditch grades), superelevation station limits,
benchmarks, existing ground profile, and drainage information.
• Maintenance of Traffic Plans (50%)
• The maintenance of traffic signing details will suggest a sequence
of construction to complete major phases of the project. It will
clearly identify barricades to be placed, striping to be removed,
striping to be placed prior to diversion of traffic, and possible
detour routes and the stages required to maintain traffic during
construction. These details will supplement AHTD standard
drawings TC-1, TC-2, TC-3, TC-4, and TC-5.
• Signing & Pavement Marking Plans (50%)
• Erosion control plans
• Water & Sewer Facilities
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2.1.2.3.6. As directed by the Owner and based on findings from the 30%
design phase, the Subconsultant will produce plans related to the
relocation of existing water and sewer facilities which are directly affected
by the project.
2.1.2.3.7. Provide four (4) paper copies (half size 11x17), one electronic pdf,
and AutoCad/Civil 3D files of plans for right of way review, and 50% plan
review.
2.1.2.3.8. Attend preliminary field inspection, if required.
2.1.2.3.9. Make revisions necessary to respond to comments made at the
30% review as well as comments made at the preliminary field inspection.
2.1.2.3.10. Provide design information necessary for environmental
documentation and environmental permits to be obtained by the
Consultant.
2.1.2.3.11. Provide an interim construction cost estimate.
2.1.2.4. FINAL ROADWAY DESIGN (90% & 100% Submittal)
2.1.2.4.1. The objective of this phase is to complete roadway, bridge, and
right-of-way plans for the project. In the final design phase, comments
from the 50% submittal will be addressed, all quantities will be calculated,
right-of-way plans developed, and a construction cost estimate
calculated. The final plans review will be performed and comments will
be incorporated into the final plans. Comments from the 90% submittal
will be incorporated and final design of the roadway and bridge will
proceed with the written approval by the Owner or the AHTD.
2.1.2.4.2. Comments from the review of 50% plans will be incorporated in
90% plans and all sheets will be updated with appropriate quantity
callouts once quantities are tabulated.
2.1.2.4.3. The permanent pavement marking details illustrate pavement
markings and traffic sign placement. All signing, striping and delineation
will be in accordance with the latest edition of the Manual of Uniform
Traffic Control Devices and shall conform to AHTD and federal
regulations, laws and policies. These details will supplement AHTD
standard drawings PM -1 and PM -2.
2.1.2.4.4. Survey control sheets will show the horizontal and vertical control
points and horizontal alignment data in plan view at the appropriate scale.
The following information will be provided: Traverse Point Table -Point
number, northing, easting, and elevation (if applicable). Horizontal
alignment data -Curve number, point type (PC/PI/PT), station, northing,
and easting. The appropriate notes will also be included.
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2.1.2.4.5. Erosion control plans will be developed and will include temporary
measures that will be put in place at the start of construction. The
information for temporary measures include the location of silt fences
(station/offset at PI's), rock berms, sediment basins, as well as other
strategies to prevent pollution of streams by stormwater runoff from the
project site. Permanent erosion control measures that will be left in place
after construction is complete will also be noted.
2.1.2.4.6. Cross sections for all roadways will be shown at a 1:1 scale and
include the items required in the "Roadway Design Plan Development
Guidelines". In addition, any matchlines will be labeled and sections will
be provided at bridge ends, begin/end tapers, nose points, begin/end
auxiliary lanes, and any pipes/culverts perpendicular to centerline
construction. Inlet and outlet sections will be shown for pipes/culverts on
skews.
2.1.2.4.7. The Subconsultant will produce plan and profile sheets related to
the relocation of existing water and sewer facilities which are directly
affected by the project.
2.1.2.4.8. Quantities will be calculated and tabulated using the 2014
Standard Specifications for Highway Construction and the appropriate
supplemental and job specific special provisions and AHTD's Roadway
Design Plan Development Guidelines and Roadway Design Training
Guide. The quantity sheets will display the tabulated quantities in typical
AHTD format. A summary of quantities sheet will be provided that
tabulates all quantity items by pay item number, description, unit, and
quantity. The quantity sheets and summary of quantities will be inserted
into the plans between the permanent pavement marking details and the
survey control sheets
2.1.2.4.9. Provide special provisions.
2.1.2.4.10. Provide transportation management plan.
2.1.2.4.11. Provide construction cost estimate.
2.1.2.4.12. Provide four (4) paper copies (half size 11x17), one electronic pdf,
and AutoCad/Civil 3D files of plans for right of way review, and 90% plan
review.
2.1.2.4.13. Attend final field inspections, if required.
2.1.2.4.14. Make plan changes resulting from the 90% review, subsequent
reviews, and final field inspection.
2.1.2.4.15. Perform all other work required to advertise and receive bids.
2.1.2.4.16. Provide hydraulic certification (if necessary).
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2.1.2.4.17. Provide six (6) paper copies & one electronic pdf of half size
signed and sealed plans along with the final AutoCad/Civil 3D files.
2.1.3.RIGHT-OF-WAY PLANS
2.1.3.1. PRELIMINARY AND FINAL DESIGN
2.1.3.1.1. Provide Right -of -Way Plans. (See Attachment B "Stage Submittal
of Right of Way Plans")
2.1.4.FLOODPLAIN MAPPING & MODELING
2.1.4.1. CONDITIONAL LETTER OF MAP REVISION
2.1.4.1.1. The Subconsultant shall perform necessary Hydrologic &
Hydraulic studies as required to prepare necessary HEC-RAS models to
support the bridge and roadway design within the Mud Creek floodplain
and to prepare and submit to FEMA a Conditional Letter of Map Revision
(CLOMR) for the project.
2.1.4.1.2. The Subconsultant shall make necessary revisions to the CLOMR
and its supporting documents during the review of the CLOMR by FEMA.
3. COSTS, FEES, PAYMENTS AND RATE SCHEDULES
3.1 This Agreement is a cost -plus -fixed -fee contract.
3.2 "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $198,037. The
Contract Ceiling price is the maximum aggregate amount of all payments that the
Consultant may become obligated to make under this Agreement. In no event, unless
modified in writing, shall total payments by the Consultant related to Title I Services exceed
the Contract Ceiling Price. The Subconsultant shall not be entitled to receive adjustment,
reimbursement, or payment for, nor shall the Consultant, its officers, agents, employees,
or representatives, incur any liability for, any fee or cost related to, Title I Services
exceeding the Contract Ceiling Price.
3.3 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 the Subconsultant under
this Agreement shall be 171.17 percent with a FCCM of 0.06 percent.
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 Consultant shall pay to the
Subconsultant a fixed fee of $20,282 for Title I Services.
3.5 Salaries. The following schedule covers the classification of personnel and the salary
ranges for all personnel anticipated to be assigned to this project by the Subconsultant:
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3.5.1 SCHEDULE OF SALARY RANGES
Staff Classification
Low Rate
per Hour
High Rate
per Hour
Principal Engineer
$45.30
$66.50
Task Manager
33.50
63.45
Registered Land Surveyor
30.75
42.00
Survey Party Chief
22.65
33.00
Survey Field Crewman
13.60
25.70
Project Engineer
25.65
60.45
Geotechnical Engineer
25.35
47.75
Chief Draftsman
22.65
31.00
Draftsman
18.10
24.00
Technician
16.60
34.50
Survey Technician
22.65
31.65
Lab/Engineering Technician
16.25
35.00
Field Technician
12.65
19.60
Clerical
13.60
24.50
Administrative Assistant
18.10
32.90
3.5.2 The Consultant shall reimburse the Subconsultant for overtime costs only when
the overtime has been authorized in writing by the Consultant and Owner. When
authorized, overtime shall be reimbursed at the rate of time and one-half for all
nonexempt employees. Notwithstanding this provision, the Subconsultant must
comply with all federal and state wage and hour laws and regulations, regardless
whether the overtime is considered reimbursable under this Agreement.
3.6 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:
3.6.1 Not more often than once per month, the Subconsultant shall submit to the
Consultant, in such form and detail as the Consultant or Owner 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 Consultant or Owner.
3.6.2 In making estimates for fee purposes, such estimates shall include only the amount
and value of the work accomplished and performed by the Subconsultant under
this Agreement which meets the standards of quality established under this
Agreement. The Subconsultant shall submit with the estimates any supporting
data required by the Consultant or Owner. At a minimum, the supporting data shall
include a progress report in the form and number required by the Owner.
3.6.3 Upon approval of the estimate by the Consultant, payment upon properly executed
vouchers shall be made to the Subconsultant, upon receipt of payment to the
Consultant from Owner, of 100 percent of the allowed costs, and 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
Owner 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.
3.6.4 Before final payment under the Agreement, and as a condition precedent thereto,
the Subconsultant shall execute and deliver to the Consultant a release of all
claims which are known or reasonably could have been known to exist against the
Consultant or Owner arising under or by virtue of this Agreement, other than any
claims that are specifically excepted by the Subconsultant from the operation of
the release in amounts stated in the release.
3.7 Final payment. The Subconsultant 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 Consultant may approve in writing) after the completion date.
Upon approval of the completion invoice or voucher, and upon the Subconsultant's
compliance with all terms of this Agreement, the Consultant shall promptly pay any
balance of allowable costs and any retainage owed to the Subconsultant once payment
for those services has been received from the Owner. After the release of said retainage
Subconsultant agrees that it will continue to provide consultation services to the Owner
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.
The Subconsultant shall pay to the Consultant any refunds, rebates, credits, or other
amounts (including interest, if any) accruing to or received by the Subconsultant or any
assignee under this Agreement, to the extent that those amounts are properly allocable to
costs for which the Subconsultant has been reimbursed by the Consultant. Reasonable
expenses incurred by the Subconsultant for securing refunds, rebates, credits, or other
amounts shall be allowable costs if approved by the Consultant and Owner. Before final
payment under this Agreement, the Subconsultant and each assignee whose assignment
is in effect at the time of final payment shall execute and deliver—
• An assignment to the Consultant, in form and substance satisfactory to the Owner,
of refunds, rebates, credits, or other amounts (including interest, if any) properly
allocable to costs for which the Subconsultant has been reimbursed by the
Consultant under this Agreement; and,
A release discharging the Consultant and Owner, 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 Owner's Right to Withhold Payment. The Consultant may withhold payment to such extent
as it deems necessary as a result of: (1) third party claims arising out of the services of
the Subconsultant and made against the Consultant or Owner; (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) the Subconsultant's
default or unsatisfactory performance of services. The withholding of payment under this
provision shall in no way relieve the Consultant of its obligation to continue to perform its
services under this Agreement.
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 the Consultant 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. The
Subconsultant 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. COMMISSIONS AHTD, AND FHWA AS THIRD PARTY BENEFICIARIES
5.1. This Subconsultant Agreement is between and binding upon only the Consultant and
Subconsultant. 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 the Subconsultant owed to
the Consultant. 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. The Subconsultant'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 the Consultant.
5.3. The Disputes and Claims provisions of the Prime Agreement shall not apply to this
Subconsultant Agreement.
6. RECORDS & AUDITS
6.1. 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.
6.2. Examination. The Subconsultant shall maintain, and the Owner, 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 the Subconsultant's offices and facilities,
or parts of them, engaged in performing the Agreement.
6.3. Supporting Data. If the Subconsultant 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 Owner, 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
the Subconsultant'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;
9
• 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.
6.4. Audit. The Owner, AHTD, FHWA, or their authorized representatives, shall have
access to and the right to examine any of the Subconsultant's records involving
transactions related to this Agreement or a subcontract hereunder.
6.5. Reports. If the Consultant is required to furnish cost, funding, or performance reports,
the Owner, 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 the Consultant's policies and procedures to produce data compatible
with the objectives of these reports and (2) the data reported.
6.6. Availability. The Consultant 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 -
6.6.1 . 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,
6.6.2.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.
7. SUBCONTRACTING
7.1. Unless expressly disclosed in Appendix B, the Subconsultant may not subcontract any
of the services to be provided herein without the express written approval of the Owner.
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.
7.2. Unless the consent or approval specifically provides otherwise, neither consent by the
Owner to any subcontract nor approval of the Subconsultant'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 the Subconsultant of any responsibility, obligation, or duty
under this Agreement.
7.3. 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.
7.4. 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 Owner without the express written agreement of the Owner.
10
7.5. Prompt Payment. The Subconsultant shall pay subcontractors for satisfactory
performance of their subcontracts within 30 days of receipt of each payment by the
Consultant to the Subconsultant. Any retainage payments held by the Subconsultant 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 the
Subconsultant. If the Subconsultant fails to comply with this provision, in addition to any
other rights or remedies provided under this Agreement, the Owner, 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 Owner, against reimbursements or payments
otherwise due the Subconsultant;
• notify any sureties; and/or,
• withhold any or all reimbursements or payments otherwise due to the Subconsultant
until the Subconsultant ensures that the subcontractors have been and will be
promptly paid for work performed.
8. COVENANT AGAINST CONTINGENCY FEES
8.1. The Subconsultant 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 Consultant 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.
8.2. Bona fide agency, as used in this section, means an established commercial or selling
agency, maintained by the Subconsultant 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.
8.3. Bona tide employee, as used in this section, means a person, employed by the
Subconsultant and subject to the Subconsultant'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.
8.4. 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.
8.5. 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.
9. TITLE VI ASSURANCES (NONDISCRIMINATION)
During the performance of this Subconsultant Agreement, the Subconsultant, for itself,
successors, and assigns, certifies and agrees as follows:
11
9.1. Compliance with Regulations. The Subconsultant 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.
9.2. Nondiscrimination. The Subconsultant, 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 procurement of materials and leases of equipment. The Subconsultant shall not
participate either directly or indirectly in any discrimination prohibited by Section 21.5 of
the Regulations, including employment practices.
9.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all
solicitations, either by competitive bidding or negotiation, made by the Subconsultant 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 the
Subconsultant of the Subconsultant's obligations under this Subconsultant Agreement
and the Regulations relative to nondiscrimination on the grounds of race, color, national
origin, sex, age, or disability.
9.4. Information and Reports. The Subconsultant shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit access
to its books, records, and accounts, other sources of information, and its facilities as may
be determined by the Owner, the AHTD, or the FHWA to be pertinent to ascertain
compliance with such regulations and directives. Where any information required of the
Subconsultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Subconsultant shall so certify to the Owner, the AHTD or the FHWA, as
appropriate, and shall set forth the efforts made by the Subconsultant to obtain the records
or information.
9.5. Sanctions for Noncompliance. In the event of the Subconsultant's noncompliance with
the nondiscrimination provisions of this Subconsultant Agreement, the Owner shall
impose such contract sanctions as it, the AHTD, or the FHWA may determine to be
appropriate, including but not limited to, withholding of payments to the Consultant or
Subconsultant under the Agreement until the Subconsultant complies with the provisions
and/or cancellation, termination, or suspension of the Subconsultant Agreement, in whole
or in part.
9.6. Incorporation of Provisions. The Subconsultant 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. The
Subconsultant shall take such action with respect to any subcontract or procurement as
the Owner, the AHTD, or FHWA may direct as a means of enforcing these terms and
conditions, including sanctions for noncompliance; provided, however that, in the event
the Subconsultant becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction, the Subconsultant may request the
Owner, the AHTD, or the United States to enter into the litigation to protect the interests
of the State and the United States, respectively.
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10. DBE CLAUSE
10.1. The Subconsultant shall not discriminate on the basis of race, color, national origin,
sex, age, religion, or disability in the performance of this Subconsultant Agreement. The
Subconsultant 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 the Subconsultant 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.
11. TITLE II OF THE AMERICANS WITH DISABILITIES ACT (NONDISCRIMINATION)
11.1. The Subconsultant 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.
11.2. The Subconsultant, 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. The Consultant shall not participate either directly or indirectly in any
discrimination prohibited by the Regulations, including employment practices.
11.3. In accordance with Section 504 regulations 49 C.F.R. Part 27.15, the Owner'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.
12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS
12.1. The Subconsultant certifies, to the best of its knowledge and belief, that -
12.1.1. The Subconsultant and any of its Principals -
12.1.1.1. Are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any federal or state agency;
12.1.1.2. 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;
12.1.1.3. 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 12.1.1.2; and,
13
12.1.1.4. The Subconsultant has not within a 3 -year period preceding this offer, had
one or more contracts terminated for default by any federal of state agency.
12.2. Principals, for the purposes of this certification, means office "' directors; owners;
partners; and, persons having primary management or superviso responsibilities within
a business entity (e.g., general manager; plant manager; head o subsidiary, division, or
business segment, and similar positions). This certification c cerns a matter within the
jurisdiction of an agency of the United States and the m ng of a false, fictitious, or
fraudulent certification may render the maker subject to p ecction under section 1001,
title 18, United States Code, as well as any other applicaffite federal and state laws.
12.3. The Subconsultant shall provide immediate writt (notice to the AHTD if, at any time
prior to contract award, the Subconsultant learns th its certification was erroneous when
submitted or has become erroneous by reason of.ianged circumstances.
12.4. The certification in subsection 12.1 is a nterial representation of fact upon which
reliance was placed when making award. If ' is later determined that the Subconsultant
knowingly rendered an erroneous certific4on, the AHTD may terminate the contract
suiting from this solicitation for default inj ddition to any other remedies available to the
13. NOTICE
13.1. All notice approvals, requ ts, consents, or other communications required or
permitted ands his Agreemen hall be mailed or hand -delivered to:
13.1.1. To the Sub nsultant
Mr. Ke eaumont, C.Eng.
McClella Consulting Engineers, Inc.
1810 Njto1Ige Ave.
FavettviIle. 72703
13.1.2. To the
even Beam, PE \
urns & McDonnell Eng�eering Company, Inc.
6815 Isaacs Orchard Road, Suite B3
Springdale, AR 72764
IN WIT4'ESS WHEREOF, the parties execute is Subconsultant Agreement, to be
effective
BURNS MCDONNELL ENGINEERING MCCLELLAN CONSULTING
COMPA ; INC. ENGINEERS, I
BY: BY:
Benjamin J. Biller, P.E. Daniel Barnes,
Vice President President-Favettev le
14
12.1.1.4. The Subconsultant has not within a 3 -year period preceding this offer, had
one or more contracts terminated for default by any federal or state agency.
12.2. Principals, for the purposes of this certification, means officers; directors; owners;
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.
12.3. The Subconsultant shall provide immediate written notice to the AHTD if, at any time
prior to contract award, the Subconsultant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
12.4. The certification in subsection 12.1 is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Subconsultant
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.
13. NOTICE
13.1. All notices, approvals, requests, consents, or other communications required or
permitted under this Agreement shall be mailed or hand -delivered to:
13.1.1. To the Subconsultant:
Mr. Kevin Beaumont, C.Eng.
McClelland Consulting Engineers, Inc.
1810 N. College Ave.
Fayetteville, AR 72703
13.1.2. To the Consultant:
Steven Beam, PE
Burns & McDonnell Engineering Company, Inc.
6815 Isaacs Orchard Road, Suite B3
Springdale, AR 72764
IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be
effective...' -1
BURNS & MCDONNELL ENGINEERING
COMPANY, INC.
j
BY:
B 'amin J. B)$r, P.E.
'lt a Presid
MCCLELLAND CONSULTING
ENGINEERS, INC.
BY:
Daniel Barnes, P.E.
President -Fayetteville
14
APPENDIX C State Job No. 040688
C-1 Federal Aid Project No. STPU-9142(39)
CERTIFICATION OF CONSULTANT
I hereby certify that I, Benjamin J. Biller, P.E., am the Vice -President and duly authorized representative of the
firm of Burns & McDonnell Engineering Company, Inc. whose headquarters address is 9400 Ward Parkway, Kansas
City, MO 64114, 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 Burns & McDonnell Engineering Company. 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
Melissa Wood (ADA/504/Title VI Coordinator 816-822-3129 (Voice/TTY 711), or the following email
address: mwood(d burnsmcd.com.
ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
Date
15
APPENDIX C State Job No. 040688
C-2 Federal Aid Project No. STPU-9142(39)
CERTIFICATION OF SUBCONSULTANT
I hereby certify that I, Leslie Davis, am the Principal and duly authorized representative of the firm of Harbor
Environmental, Inc. whose headquarters address is 8114 Cantrell Road, Suite 350, Little Rock, AR 72227, 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 9 of this Subconsultant 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 Harbor Environmental, Inc. ("Subconsultant"), 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 Subconsultant does not discriminate on the basis of race, sex, color, age,
national origin, or disability, in the admission, access to and treatment in Subconsultant's programs and
activities, as well as the Subconsultant's hiring or employment practices. Complaints of alleged
discrimination and inquiries regarding the Subconsultant's nondiscrimination policies may be directed to
Robin Gee (ADA/504/Title VI Coordinator), 501-663-8800, (Voice/TTY 711), or the following email address:
rgeeCctharborenv.com.
This no'c Is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
uth rized Firm RepresePfatve Date
16
APPENDIX C State Job No. 040688
C-3 Federal Aid Project No. STPU-9142(39)
CERTIFICATION OF SUBCONSULTANT
I hereby certify that I, Daniel Barnes, P.E., am the President -Fayetteville and duly authorized representative of
the firm of McClelland Consulting Engineers, Inc. whose headquarters address is 900 W. 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 9 of this Subconsultant 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 McClelland Consulting Engineers, Inc. ("Subconsultant"), 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 Subconsultant does not discriminate on the basis of race, sex,
color, age, national origin, or disability, in the admission, access to and treatment in Subconsultant's
programs and activities, as well as the Subconsultant's hiring or employment practices. Complaints of
alleged discrimination and inquiries regarding the Subconsultant's nondiscrimination policies may be
directed to Blake Downing (ADA/504/Title VI Coordinator), (501) 376-4522 (Voice/TTY 711), or the
following email address:bdowning(a.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
3-'--' :
Date
17
APPENDIX C
C-3
State Job No. 040688
Federal Aid Project No. STPU-9142(39)
CERTIFICATION OF SUBCONSULTANT
I hereby certify that I, Daniel Barnes, P.E., am the President -Fayetteville and duly authorized represe tive of
the firm of M Clelland Consulting Engineers, Inc. whose headquarters address is 900 W. Markham. LittI,Rock, AR
72201, and th neither I nor the above firm I here represent has:
(a) employed o etained for a commission, brokerage, contingent fee, or other considerate , any firm or
person (other tha a bona fide employee working solely for me) to solicit or secure this c tract,
(b) agreed, as an ex%innnection
or implied condition for obtaining this contract, to eniplo,>1Sr retain the services
of any firm or person with carrying out the contract, or
(c) paid or agreed to pay,' any firm, organization or person (other than a "bona fide employee working
solely for me) any fee contrib '\inect
or consideration of any kind f'or in connection with, procuring
or carrying out the contract;
(d) included any costs which are\tssly allowable under tl;ecost principles of the FAR of 48 CFR
31, whether direct or indirect.aterial transactions pt events that have occurred affecting the
firm's ownership, organizationcost rates have bash disclosed.
except as here expressly state
I acknowledge that this certificate is to furniR'ed to the Arkansas State Highway and Transportation
Department and the Federal Highway Administrat n, .S. Department of Transportation, in connection with this
contract involving participation of Federal Aid Highw Funds, and is subject to applicable State and Federal laws,
both criminal and civil.
Furthermore, as a recipient of Federal id Highw Funds, I certify and hereby agree to the conditions of
Title VI Assurances as outlined in Section of this Sub nsultant Agreement and shall insert the Notice of
Nondiscrimination Statement as shown bel in all solicitatio of work or procurement of materials or equipment.
NONDISCRIMINATION STATEMENT
The McClelland Consulting E ineers Inc. ("Subconsultant"), �np
federal statutes and related uthorities that prohibited discrimin n
federal financial assistanc . Therefore, the Subconsultant does not
color, age, national on , or disability, in the admission, access
programs and activiti , as well as the Subconsultant's hiring or en
alleged discriminaf and inquiries regarding the Subconsultant's
directed to Blak ownin (ADA/504/Title VI Coordinator), ,{541
following email dress:bdowning[aDmcclelland-encirs.com.
lies with all civil rights provisions of
in programs and activities receiving
iscriminate on the basis of race, sex,
and treatment in Subconsultant's
l yment practices. Complaints of
n&idiscrimination policies may be
37I522 (Voice/TTY 711), or the
This noticeL available from the ADA/504/Title VI Coordinator in large print, on
Authorized Firm Representative
17
Date
)tape and in Braille.
APPENDIX C State Job No. 040688
C-4 Federal Aid Project No. STPU-9142(39)
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 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.
.H-15-ILe
Date
18
APPENDIX D
PROJECT SCHEDULE
Sam Street E rkBURNS �MSDONNELL.
Fayetteville. Arkanansasas
• AclMly led by Burns & McDonnell ■ Activity led by City of Fayetteville
• Activity led by McClelland Consulting Engineers O Activity led by Agency other than Clly of Fayetteville
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
1311 Clayton St., Springdale, Arkansas, 72762
a (479) 751 7125 • Fax: (479) 751 7150 • http://nwarpc.org
November 4, 2014
Mayor Lioneld Jordan
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Re: Sain Street Connection (Phase 1 —Joyce Blvd. to Front Street) Design and Environmental
FFY 2015 Surface Transportation Program - Attributable (STP-A)
Dear MayorJordan:
I am pleased to inform you the Sain Street Project was selected by the Northwest Arkansas Regional
Planning Commission on September 24, 2014 for FFY 2015 STP-A funding. The total project cost and STP-
A funds awarded are shown below:
STP-A $320,000
City $80000
Total $400,000
The STP-A funding is subject to an obligation limitation and the total available funds may change after
final FFY 2015 funding is published.
These funds are required to be obligated by the end of the Federal Fiscal Year which ends on September
30, 2015. All required AHTD submittals and required approvals for this project should be completed by
August 15, 2015 in order to allow sufficient time to obligate the STP-A funds for this project.
Please note that STP-A projects "...must comply with applicable provisions in Title 23, such as project
agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis -Bacon),
competitive bidding, and other contracting requirements, regardless of whether the projects are located
within the right-of-way of a Federal -aid highway."
Please let us know if you have any questions or need additional information regarding this program.
Sincerely,
Jeff Hawkins
Director
Cc: Mr. Paul Simms, AHTD
O
U.S, Depar₹meat
of Transportation
Federal Highway
Administration
Mr. Scott Bennett
Arkansas Division
December 7, 2015
Director
Arkansas State Highway and Transportation Department
10324 Interstate 30
Little Rock, AR 72203-2261
Dear Mr. Bennett:
700 W. Capitol Ave
Room 3130
Little Rock, AR 72201-3298
(501) 324-5625
(501) 324-6423(Fax)
angel.correa@dot.gov
In Reply Refer To:
HDA-AR
In his letter dated October 5, 2015, Mr. Kevin Thornton of your staff recommends approval to use the
remaining funds earmarked for the Fayetteville Expressway Economic Development Corridor
(FEEDC) for the design and construction of Job 040688, Sain Street Extension. AHTD's
recommendation is based on the project's location and purpose matching the earmark's project
description.
Based on the project's location and functionality, the Sain Street Extension is considered to be a
continuation of the FEEDC and therefore is eligible for HPP earmarked funding.
If you have any questions or concerns, please contact Cordell Lyons of my staff at 501-324-6434.
Sincerely,
LJJ
�Angel L. Correa
Division Administrator
City of Fayetteville - Purchase Order Request (PO)
Requisition o.:
Date:
zlz6rzal6
(blot a Purchase Ordert
P.O Number:
All PO Requests shall be scanned to the Purchasing e-mail: Purchasing@fayetteville-ar.gov.
Purchase shall not be made until an actual PO has been issued.
Vendor
Vendor
Mail
Legistar#:
#: 8609
Name: Burns & McDonnell Eng Inc
[}r.s ILL
2016-0095
FOB Point:
Taxable
Address: 9400 Ward Parkway
QS a
Expected Delivery Date:
Code:
Ship to code:
Quotes Attached
City: Kansas City
State: MO
( ao
64114
64114
Requester's Employee #:
Extension:
Requester: Chris Brown
2695
8207
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Number
Protect.Sub#
Inventory #
Fixed Asset #
1
Professional Services
1
137,695.00
$137,695.00
4520.9555.5314.00
06035.3400
2
Professional Services
1
42.0,000.00
$420,000.00
4470.9470.5314.00
06035.3400
3
$0.00
4
$0.00
5
$0.00
6
$0.00
7
$0.00
8
$0.00
9
$0.00
10
$0.00
ShippinglHandling
Lot
$0.00
Special Instructions_
Subtotal: $557,695.00
Tax: $0.00
Total: $557,695.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Chief Financial Officer. Budget Director: IT Director:
Dispatch Manager: Utilities Manager: Other:
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Engineering Adjustment Number
2016 Dept.: Development Services
Requestor: Kristin Cavette
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Burns & McDonnell Engineering Company, Inc. and the City have negoiated a contract for the design of Sain Street
Extension (N. Front Street to Vantage Blvd). The cost of the contract is $557,695.00. This project is a grant using
Federal -aid funds administered by AHTD. The City's portion is $137,695 which will be paid with 2013 Street Bond funds.
The grant portion to be reimbursed by AHTD is $420,000.
COUNCIL DATE: 3/15/201 6
LEGISTAR FILE ID#: 2016-0095
t,"b-c wa' Fe.&L
2/26/2016 3:27 PM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
RESOLUTION/ORDINANCE POSTED:
TOTAL 420,000 420,000 v.20160125
Increase / (Decrease) Proiect.Sub#
Account Number
Expense
Revenue Project
Sub
AT
Account Name
4470.0947.4309.00
-
420,000 06035
3400
RE
Federal Grants - Capital
4470.9470.5314.00
420,000
- 06035
3400
EX
Professional Services
4520.9555.5314.00
137,695
- 06035
3400
EX
Professional Services
4520.9555.5809.00
(137,695)
06035
2700
EX
Street Improvements
C:\Users\Ismith\AppData\Roaming\L5\Temp\704f3426-ccf7-4fa8-853d-743f01 dl 5f3b 1 of 1
Paul Libertini
Submitted By
Burns & McDonnell Engineering
Company, Inc. Supplemental Agreement
City of Fayetteville Staff Review Form #4
2023-0473
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/17/2023 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
For the Mayor's Signature - Supplemental Agreement #4 to the Contract with Burns & McDonnell Engineering
Company, Inc. in an amount not to exceed $49,846.00 for Professional Services associated with the construction of
the Sain Street Extension Project.
Budget Impact:
4470.800.8835-5809.00
4602.800.7213-5809.00
Sales Tax Capital Improvement
Streets Project 2019 Bonds
Account Number Fund
06035.7213 Sain Street Ext Const (2019 Bond Project)
46020.7213 Sain St. Extension (2019 Bonds)
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 273,812.00
$ 64,105.00
$ 209,707.00
$ 49,846.00
159,86:
V20221130
Purchase Order Number: 2019-00000449 Previous Ordinance or Resolution # 64-16, 114-19, 305-20
Change Order Number: 4
Original Contract Number: 2408
Comments:
Approval Date:
04/19/2023
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Paul Libertini, Staff Engineer
DATE: April 17, 2023
STAFF MEMO
SUBJECT: Mayor's Signature — Supplemental Agreement #4 — Burns & McDonnell Eng.
Sain Street Extension Construction Project
RECOMMENDATION:
Staff recommends that the Mayor sign Supplemental Agreement #4 which will increase the
contract amount by +$49,846.
BACKGROUND:
On December 1, 2020, Burns & McDonnell Engineering Company was hired by the City to provide
construction management services for the construction of the Sain Street Extension project. Like
many other projects, Sain Street has been plagued with material shortages, labor shortages, utility
relocation delays, archeological monitoring delays, design modifications/revisions of the
roundabout and Hemlock Avenue as well as delays incurred with working with the adjacent
Lindsey development. The Certificate of Substantial Completion was issued on November 16,
2022. The Ribbon Cutting Ceremony was held the next day after which the roadway was open to
traffic. The project is now essentially complete, and this Supplemental Agreement is part of the
final documents.
DISCUSSION:
This Supplement Agreement will cover costs associated with additional construction inspection,
construction management and design services related to delays for the above -mentioned items.
This also covers the design of a mid -block refuge island for a Mud Creek Trail crossing, revisions
to the stormwater system affected by the Lindsey apartment complex, and alignment modifications
to Hemlock Avenue, bus stops and driveways to be in compliance with the standards for the
University of Arkansas for its Uptown Campus.
BUDGET/STAFF IMPACT:
This change order will be paid from the contingency funds set aside for this project. However, 80%
of this amount or $39,876.80 will be reimbursed by ARDOT using federal -aid funding. The City's
match of 20% will be $9,969.20
Attachments:
Supplemental Agreement #4
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Supplemental Agreement No. 4
Job No. 040688
FAP. No. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
Date: 04/19/2023
WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering
Company, Inc. entered into an Agreement for Engineering Services on March 15, 2016;
and,
WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in
addition to that defined in the Agreement.
NOW THEREFORE, the following modifications will be made to the Agreement to
include the additional work requested:
MODIFICATIONS
1) The "Contract Ceiling Price" (Section 1.2) is increased from $970,968 to
$1,020,814.
2) The "Title I Services Ceiling Price" (Section 1.12) remains unchanged at
$608,134.
3) The "Title II Services Ceiling Price" (Section 1.15) is increased from $362,834 to
$412,680.
4) The fixed fee (Section 3.4) remains unchanged at $37,321.
5) See Attachment A for modifications to the scope of work.
6) See Attachment B for modifications to Appendix A - Justification of fees and
costs
7) See Attachment C for Subconsultant Agreement with McClelland Consulting
Engineers, Inc.
IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 4, to be
effective upon the date set out above.
BURNS & MCDONNELL
ENGINEERING COMPANY, INC.
BY:_ _ �r--
Steven Beam, P.E.
Business Manager
CITY OF FAYETTEVILLE,
ARKANS S
C' Lioneld Joudan
Mayor j
Attachment A
SCOPE OF WORK MODIFICATIONS
Supplemental Agreement No. 4
Job No. 040688
FAP. No. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
The City of Fayetteville (City), in cooperation with the Arkansas Department of
Transportation (ARDOT), formerly known as the Arkansas State Highway and
Transportation Department (AHTD), and the Federal Highway Administration (FHWA),
engaged Burns & McDonnell Engineering Company, Inc. to provide engineering services
for the extension of Sain Street in Fayetteville, Arkansas. Section 7 of the Agreement for
Engineering Services set forth the scope of services to be performed.
The following Title II Services are now being added to or modified in the Scope of Work.
CONSTRUCTION MANAGEMENT AND ADMINISTRATION
A. GENERAL
Construction Schedule is being extended through end of November 2022.
B. CONSTRUCTION OBSERVATION
Construction Observation services are increasing due to schedule extension and
observation of the additional design changes.
DESIGN CHANGES DURING CONSTRUCTION
The following design changes were directed by the City during construction:
• Addition of a mid -block refuge island east of Mud Creek
• Modifications to Hemlock approaching the roundabout to address UA request for
changes.
• Revisions to the stormwater drainage system design in order to account for
proposed apartment complex development adjacent to the project.
Attachment A — Scope of Work Modifications Supplemental Agreement No. 4
Attachment B - Justification of Costs and Fees - SA 4
April 5, 2023
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
TOTAL PROJECT SUMMARY SUPPLEMENTAL AGREEMENT NO. 4
TITLE I SERVICES
HOURS
SALARY
FEE
EXPENSES
TOTAL
PROJECT MANAGEMENT
143
$22,395
$2,687
$0
$25,082
PM - SUPPLEMENTAL AGREEMENT NO. 1
32
$5,772
$693
$0
$6,465
ENVIRONMENTAL CLEARANCE DOCUMENTATION
240
$31,143
$3,737
$3,268
$38,148
INTERCHANGE JUSTIFICATION REPORT
148
$18,728
$2,247
$6,300
$27,275
TRAFFIC DESIGN & PLANS
186
$23,478
$2,817
$8,909
$35,204
TRAFFIC - SUPPLEMENTAL AGREEMENT NO. 1
48
$5,531
$664
$0
$6,195
ROADWAY DESIGN & PLANS
360
$46,174
$5,541
$340
$52,055
BRIDGE DESIGN & PLANS
1,188
$151.357
$18,163
$264
$169,784
BRIDGE - SUPPLEMENTAL AGREEMENT NO. 1
52
$6,433
$772
$0
$7,205
ORIGINAL SUBTOTAL TITLE 1
2,265
$293,275
$35,192
$19,081
$347,548
REVISED SUBTOTAL TITLE I (SA NO. 1)
2,397
$311,011
$37,321
$19,081
$367,413
SUBCONSULTANTS TITLE I
McClelland Consulting Engineers, Inc.
2,054
$169,046
$20,282
$8,709
$198,037
MCE Supplemental Agreeement No. 1
316
$27,289
$3,275
$10
$30,574
Harbor Environmental, Inc.
123
$9,958
$1,195
$957
$12,110
SUBTOTAL SUBCONSULTANTS TITLE 1
439
$37,247
1 $4,470
1 $967
$240,721
REVISED TOTAL TITLE I SA NO. 1
2,836
$348,258
1 $41,791
1 $20,048
1 $608,134
TITLE II SERVICES SA NO. 2
492
$71,003
$575
$71,578
TITLE II SERVICES SA NO. 3
315
1 $34,268
1
1 $11,4501
$45,71s
SUBCONSULTANTS TITLE II (SA NO. 4)
McClelland Consulting Engineers, Inc.
2,153
$212,377
$10,131
$222,508
McClelland Consulting Engineers, Inc. - Supplemental Agreement No. 3
246
$23,030
$0
$23,030
McClelland Consulting Engineers, Inc. - Supplemental Agreement No. 4
464
$49,846
$0
$49,846
ORGINAL TOTAL TITLE II SA NO. 3
3,206
1 $340,678
1
1 $22,156
$362,834
TOTAL TITLE II SA NO. 4
3,670
1 $390,524
1
$22,156
$412,680
ORIGINAL TOTAL PROJECT SA NO. 3
6,042
$688,936
$41,791
$42,204
$970,968
REVISED TOTAL PROJECT SA NO. 4
6,506
$738,782
$41,791
$42,204
$1,020,814
Attachment B - Justification of Costs and Fees - SA 4
April 5, 2023
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 4 MCCLELLAND CONSULTING ENGINEERS, INC.
MANHOURS
TASK
PRE
TM
PE
CO
TECH
PLS
PC
GE
CD
DRAFT
TOTAL
Project Management
Construction Contract Administration
7
15
116
138
Design Changes During Construction
Design & Coordination Mid -Block Refuge
1
3
32
36
Hemlock Tie -In
9
12
40
61
Lindsey Development Storm Drainage Rework
3
4
34
41
Construction Observation
Additional Construction Observation
2
8
16
162
188
TOTAL MH -TITLE II - SA NO. 3
22
42
238
162
0
0
0
0
0
0
464
LABOR COSTS
Category - Description
Rate
MH
Amount
PRE - Principle Engineer
$56.00
22
$1,232
TM - Task Manager
$46.00
42
$1,932
PE - Project Engineer
$37.00
238
$8,806
CO - Construction Observer
$36.00
162
$5,832
TECH - Technician
$34.50
0
$0
PLS - Registered Land Surveyor
$41.00
0
$0
PC - Survey Party Chief
$30.00
0
$0
GE - Geotechnical Engineer
$46.00
0
$0
CD - Chief Draftsman
$26.44
0
$0
DRAFT - Draftsman
$18.27
0
$0
Subtotal
$17,802
Title II Multiplier 2.80
$49,846
Subtotal Labor Costs
1 $49,846
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Mileage (540 trips @ 1 miles)
Mile
0.58
$0
Concrete Cylinder Breaks (62 4"x8" Sets of 5)
Each
20.00
$0
Asphalt SG of Cores (14 Binder and 14 Surface Cores)
Each
35.00
$0
Proctor and Classification Testing of Select Fill Material
Each
300.00
$0
Nuclear Gauge Density Daily Usage Fee
Each
1 12.00
$0
Subtotal Expenses
$0
TOTAL COSTS - TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 4
$49,846
BASIS OF ESTIMATE
Description
Construction Contract Administration:
Addendums/ ESI's/ RFI's/ Attend Project Meetings/ Meeting Agendas/ Minutes/ Prepare Additional Pay Applications associated with the design changes and extension of time.
Design Change during Construction
Design Revisions & Coordination ref. Mid -Block Refuge
Revisions to Alignment and Length of Hemlock tie-in, including design changes as a result of adding mini -roundabout
Coordination and rework of storm drainage to accommodate the Lindsey development at new mini -roundabout
Construction Observation
Provide ongoing Construction Observation for project for the seven (7) months added to Contract Time
Supplemental Agreement No. 4
Job No. 040688
FAP. No. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
Date:
WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company,
Inc. entered into an Agreement for Engineering Services on March 15, 2016; and,
WHEREAS, Burns & McDonnell Engineering Company, Inc. ("Consultant') and McClelland
Consulting Engineers, Inc. ("Subconsultant') entered into a Subconsultant Agreement for
professional and related services on March 15, 2016; and,
WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to
that defined in the Agreement.
NOW THEREFORE, the following modifications will be made to the Subconsultant Agreement to
include the additional work requested:
MODIFICATIONS:
1) The "Contract Ceiling Price" (Section 3.2) is increased from $474,149 to $523,995.
2) The "Title I Services Ceiling Price" remains unchanged at $228,611.
3) The "Title II Services Ceiling Price" is increased from $245,538 to $295,384.
4) The fixed fee (Section 3.4) remains unchanged at $23,557.
5) See Attachment A for modifications to the scope of work.
IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 4, to be effective
upon the date set out above.
BURNS & MCDONNELL
ENGINEERING COMPANY, INC
BY:
Steven Beam, P.E.
Business Manager
MCCLELLAND CONSULTING
ENGINEERS, I C.
BY:
Daniel Barnes, P.E.
President -Fayetteville
Paul Libertini
Submitted By
Burns & McDonnell Engineering
Company, Inc. Supplemental Agreement
City of Fayetteville Staff Review Form #4
2023-0473
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/17/2023 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
For the Mayor's Signature - Supplemental Agreement #4 to the Contract with Burns & McDonnell Engineering
Company, Inc. in an amount not to exceed $49,846.00 for Professional Services associated with the construction of
the Sain Street Extension Project.
Budget Impact:
4470.800.8835-5809.00
4602.800.7213-5809.00
Sales Tax Capital Improvement
Streets Project 2019 Bonds
Account Number Fund
06035.7213 Sain Street Ext Const (2019 Bond Project)
46020.7213 Sain St. Extension (2019 Bonds)
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 273,812.00
$ 64,105.00
$ 209,707.00
$ 49,846.00
159,86:
V20221130
Purchase Order Number: 2019-00000449 Previous Ordinance or Resolution # 64-16, 114-19, 305-20
Change Order Number: 4
Original Contract Number: 2408
Comments:
Approval Date:
04/19/2023
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Paul Libertini, Staff Engineer
DATE: April 17, 2023
STAFF MEMO
SUBJECT: Mayor's Signature — Supplemental Agreement #4 — Burns & McDonnell Eng.
Sain Street Extension Construction Project
RECOMMENDATION:
Staff recommends that the Mayor sign Supplemental Agreement #4 which will increase the
contract amount by +$49,846.
BACKGROUND:
On December 1, 2020, Burns & McDonnell Engineering Company was hired by the City to provide
construction management services for the construction of the Sain Street Extension project. Like
many other projects, Sain Street has been plagued with material shortages, labor shortages, utility
relocation delays, archeological monitoring delays, design modifications/revisions of the
roundabout and Hemlock Avenue as well as delays incurred with working with the adjacent
Lindsey development. The Certificate of Substantial Completion was issued on November 16,
2022. The Ribbon Cutting Ceremony was held the next day after which the roadway was open to
traffic. The project is now essentially complete, and this Supplemental Agreement is part of the
final documents.
DISCUSSION:
This Supplement Agreement will cover costs associated with additional construction inspection,
construction management and design services related to delays for the above -mentioned items.
This also covers the design of a mid -block refuge island for a Mud Creek Trail crossing, revisions
to the stormwater system affected by the Lindsey apartment complex, and alignment modifications
to Hemlock Avenue, bus stops and driveways to be in compliance with the standards for the
University of Arkansas for its Uptown Campus.
BUDGET/STAFF IMPACT:
This change order will be paid from the contingency funds set aside for this project. However, 80%
of this amount or $39,876.80 will be reimbursed by ARDOT using federal -aid funding. The City's
match of 20% will be $9,969.20
Attachments:
Supplemental Agreement #4
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Supplemental Agreement No. 4
Job No. 040688
FAP. No. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
Date: 04/19/2023
WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering
Company, Inc. entered into an Agreement for Engineering Services on March 15, 2016;
and,
WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in
addition to that defined in the Agreement.
NOW THEREFORE, the following modifications will be made to the Agreement to
include the additional work requested:
MODIFICATIONS
1) The "Contract Ceiling Price" (Section 1.2) is increased from $970,968 to
$1,020,814.
2) The "Title I Services Ceiling Price" (Section 1.12) remains unchanged at
$608,134.
3) The "Title II Services Ceiling Price" (Section 1.15) is increased from $362,834 to
$412,680.
4) The fixed fee (Section 3.4) remains unchanged at $37,321.
5) See Attachment A for modifications to the scope of work.
6) See Attachment B for modifications to Appendix A - Justification of fees and
costs
7) See Attachment C for Subconsultant Agreement with McClelland Consulting
Engineers, Inc.
IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 4, to be
effective upon the date set out above.
BURNS & MCDONNELL
ENGINEERING COMPANY, INC.
BY:_ _ �r--
Steven Beam, P.E.
Business Manager
CITY OF FAYETTEVILLE,
ARKANS S
C' Lioneld Joudan
Mayor j
Attachment A
SCOPE OF WORK MODIFICATIONS
Supplemental Agreement No. 4
Job No. 040688
FAP. No. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
The City of Fayetteville (City), in cooperation with the Arkansas Department of
Transportation (ARDOT), formerly known as the Arkansas State Highway and
Transportation Department (AHTD), and the Federal Highway Administration (FHWA),
engaged Burns & McDonnell Engineering Company, Inc. to provide engineering services
for the extension of Sain Street in Fayetteville, Arkansas. Section 7 of the Agreement for
Engineering Services set forth the scope of services to be performed.
The following Title II Services are now being added to or modified in the Scope of Work.
CONSTRUCTION MANAGEMENT AND ADMINISTRATION
A. GENERAL
Construction Schedule is being extended through end of November 2022.
B. CONSTRUCTION OBSERVATION
Construction Observation services are increasing due to schedule extension and
observation of the additional design changes.
DESIGN CHANGES DURING CONSTRUCTION
The following design changes were directed by the City during construction:
• Addition of a mid -block refuge island east of Mud Creek
• Modifications to Hemlock approaching the roundabout to address UA request for
changes.
• Revisions to the stormwater drainage system design in order to account for
proposed apartment complex development adjacent to the project.
Attachment A — Scope of Work Modifications Supplemental Agreement No. 4
Attachment B - Justification of Costs and Fees - SA 4
April 5, 2023
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
TOTAL PROJECT SUMMARY SUPPLEMENTAL AGREEMENT NO. 4
TITLE I SERVICES
HOURS
SALARY
FEE
EXPENSES
TOTAL
PROJECT MANAGEMENT
143
$22,395
$2,687
$0
$25,082
PM - SUPPLEMENTAL AGREEMENT NO. 1
32
$5,772
$693
$0
$6,465
ENVIRONMENTAL CLEARANCE DOCUMENTATION
240
$31,143
$3,737
$3,268
$38,148
INTERCHANGE JUSTIFICATION REPORT
148
$18,728
$2,247
$6,300
$27,275
TRAFFIC DESIGN & PLANS
186
$23,478
$2,817
$8,909
$35,204
TRAFFIC - SUPPLEMENTAL AGREEMENT NO. 1
48
$5,531
$664
$0
$6,195
ROADWAY DESIGN & PLANS
360
$46,174
$5,541
$340
$52,055
BRIDGE DESIGN & PLANS
1,188
$151.357
$18,163
$264
$169,784
BRIDGE - SUPPLEMENTAL AGREEMENT NO. 1
52
$6,433
$772
$0
$7,205
ORIGINAL SUBTOTAL TITLE 1
2,265
$293,275
$35,192
$19,081
$347,548
REVISED SUBTOTAL TITLE I (SA NO. 1)
2,397
$311,011
$37,321
$19,081
$367,413
SUBCONSULTANTS TITLE I
McClelland Consulting Engineers, Inc.
2,054
$169,046
$20,282
$8,709
$198,037
MCE Supplemental Agreeement No. 1
316
$27,289
$3,275
$10
$30,574
Harbor Environmental, Inc.
123
$9,958
$1,195
$957
$12,110
SUBTOTAL SUBCONSULTANTS TITLE 1
439
$37,247
1 $4,470
1 $967
$240,721
REVISED TOTAL TITLE I SA NO. 1
2,836
$348,258
1 $41,791
1 $20,048
1 $608,134
TITLE II SERVICES SA NO. 2
492
$71,003
$575
$71,578
TITLE II SERVICES SA NO. 3
315
1 $34,268
1
1 $11,4501
$45,71s
SUBCONSULTANTS TITLE II (SA NO. 4)
McClelland Consulting Engineers, Inc.
2,153
$212,377
$10,131
$222,508
McClelland Consulting Engineers, Inc. - Supplemental Agreement No. 3
246
$23,030
$0
$23,030
McClelland Consulting Engineers, Inc. - Supplemental Agreement No. 4
464
$49,846
$0
$49,846
ORGINAL TOTAL TITLE II SA NO. 3
3,206
1 $340,678
1
1 $22,156
$362,834
TOTAL TITLE II SA NO. 4
3,670
1 $390,524
1
$22,156
$412,680
ORIGINAL TOTAL PROJECT SA NO. 3
6,042
$688,936
$41,791
$42,204
$970,968
REVISED TOTAL PROJECT SA NO. 4
6,506
$738,782
$41,791
$42,204
$1,020,814
Attachment B - Justification of Costs and Fees - SA 4
April 5, 2023
Job 040688 Sain Street Extension (Fayetteville) (S)
Washington County
TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 4 MCCLELLAND CONSULTING ENGINEERS, INC.
MANHOURS
TASK
PRE
TM
PE
CO
TECH
PLS
PC
GE
CD
DRAFT
TOTAL
Project Management
Construction Contract Administration
7
15
116
138
Design Changes During Construction
Design & Coordination Mid -Block Refuge
1
3
32
36
Hemlock Tie -In
9
12
40
61
Lindsey Development Storm Drainage Rework
3
4
34
41
Construction Observation
Additional Construction Observation
2
8
16
162
188
TOTAL MH -TITLE II - SA NO. 3
22
42
238
162
0
0
0
0
0
0
464
LABOR COSTS
Category - Description
Rate
MH
Amount
PRE - Principle Engineer
$56.00
22
$1,232
TM - Task Manager
$46.00
42
$1,932
PE - Project Engineer
$37.00
238
$8,806
CO - Construction Observer
$36.00
162
$5,832
TECH - Technician
$34.50
0
$0
PLS - Registered Land Surveyor
$41.00
0
$0
PC - Survey Party Chief
$30.00
0
$0
GE - Geotechnical Engineer
$46.00
0
$0
CD - Chief Draftsman
$26.44
0
$0
DRAFT - Draftsman
$18.27
0
$0
Subtotal
$17,802
Title II Multiplier 2.80
$49,846
Subtotal Labor Costs
1 $49,846
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Mileage (540 trips @ 1 miles)
Mile
0.58
$0
Concrete Cylinder Breaks (62 4"x8" Sets of 5)
Each
20.00
$0
Asphalt SG of Cores (14 Binder and 14 Surface Cores)
Each
35.00
$0
Proctor and Classification Testing of Select Fill Material
Each
300.00
$0
Nuclear Gauge Density Daily Usage Fee
Each
1 12.00
$0
Subtotal Expenses
$0
TOTAL COSTS - TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 4
$49,846
BASIS OF ESTIMATE
Description
Construction Contract Administration:
Addendums/ ESI's/ RFI's/ Attend Project Meetings/ Meeting Agendas/ Minutes/ Prepare Additional Pay Applications associated with the design changes and extension of time.
Design Change during Construction
Design Revisions & Coordination ref. Mid -Block Refuge
Revisions to Alignment and Length of Hemlock tie-in, including design changes as a result of adding mini -roundabout
Coordination and rework of storm drainage to accommodate the Lindsey development at new mini -roundabout
Construction Observation
Provide ongoing Construction Observation for project for the seven (7) months added to Contract Time
Supplemental Agreement No. 4
Job No. 040688
FAP. No. STPU-9142(39)
Sain Street Extension (Fayetteville) (S)
Date:
WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company,
Inc. entered into an Agreement for Engineering Services on March 15, 2016; and,
WHEREAS, Burns & McDonnell Engineering Company, Inc. ("Consultant') and McClelland
Consulting Engineers, Inc. ("Subconsultant') entered into a Subconsultant Agreement for
professional and related services on March 15, 2016; and,
WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to
that defined in the Agreement.
NOW THEREFORE, the following modifications will be made to the Subconsultant Agreement to
include the additional work requested:
MODIFICATIONS:
1) The "Contract Ceiling Price" (Section 3.2) is increased from $474,149 to $523,995.
2) The "Title I Services Ceiling Price" remains unchanged at $228,611.
3) The "Title II Services Ceiling Price" is increased from $245,538 to $295,384.
4) The fixed fee (Section 3.4) remains unchanged at $23,557.
5) See Attachment A for modifications to the scope of work.
IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 4, to be effective
upon the date set out above.
BURNS & MCDONNELL
ENGINEERING COMPANY, INC
BY:
Steven Beam, P.E.
Business Manager
MCCLELLAND CONSULTING
ENGINEERS, I C.
BY:
Daniel Barnes, P.E.
President -Fayetteville