HomeMy WebLinkAbout165-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 165-20
File Number: 2020-0468
BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT
AGREEMENT NO. 1:
A RESOLUTION TO APPROVE SUPPLEMENT AGREEMENT NO. 1 TO THE CONTRACT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF
$52,967.00 FOR ADDITIONAL WATER AND SEWER DESIGN SERVICES ASSOCIATED
WITH THE HIGHWAY 112 PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, on June 4, 2019, the City Council approved a professional engineering services
agreement with Burns & McDonnell Engineering Company, Inc. for engineering design services for the
Highway 112 Project, Poplar Street to Drake Street; and
WHEREAS, Supplement Agreement No. 1 will cover design services for utility adjustments and
relocations that were not included in the original agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign Supplement Agreement No. 1 to the contract with Burns & McDonnell Engineering Company,
Inc. in the amount of $52,967.00 for additional water and sewer design services associated with the
Highway 112 Project.
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 6/16/2020
Pape 1 Printed on V1 M0
Resolution: 165-20
File Number.' 2020-0468
Attest:
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Kara Paxton, City Clerk Treasurer ; FAYE�FV :;
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Page 2 Printed on 0✓17/20
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0468
Agenda Date: 6/16/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 4
BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT AGREEMENT
NO. 1:
A RESOLUTION TO APPROVE SUPPLEMENT AGREEMENT NO. I TO THE CONTRACT WITH
BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $52,967.00 FOR
ADDITIONAL WATER AND SEWER DESIGN SERVICES ASSOCIATED WITH THE HIGHWAY
112 PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, on June 4, 2019, the City Council approved a professional engineering services agreement with
Burns & McDonnell Engineering Company, Inc. for engineering design services for the Highway 112 Project,
Poplar Street to Drake Street; and
WHEREAS, Supplement Agreement No. 1 will cover design services for utility adjustments and relocations
that were not included in the original agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign
Supplement Agreement No. 1 to the contract with Burns & McDonnell Engineering Company, Inc. in the
amount of $52,967.00 for additional water and sewer design services associated with the Highway 112
Project.
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 I Printed on 611712020
Paul Libertini
Submitted By
City of Fayetteville Staff Review Form
2020-0468
Legistar File ID
6/16/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/29/2020 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
A Resolution to approve Supplement Agreement No. 1 to the contract with Burns & McDonnell Engineering Company, Inc. in
the amount of $52,967.00 for additional water & sewer design services associated with the Hwy 112 (Poplar St. - Drake St.)
project, and to approve a Budget Adjustment.
4470.800.8835-5314.00
Account Number
06035.3800
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Budget Impact:
Sales Tax Capital Improvement
Fund
Hwy 112 (Poplar St - Drake St)
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 423,445.00
$ 423,445.00
7771
$ 52,967.00
$ 52,967.00
$ -
V20180321
Purchase Order Number: 2019-00000505 Previous Ordinance or Resolution # 137 19
Change Order Number:
Original Contract Number: 2019-00000026
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 16, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Engineer �ve
DATE: May 29, 2020
CITY COUNCIL MEMO
SUBJECT: Hwy 112/Garland Ave (Janice Ave to Drake St) — Design Supplemental
Agreement No. 1 with Burns & McDonnell Engineering Company
RECOMMENDATION:
Staff recommends City Council approval of Supplemental Design Agreement No. 1 with Burns &
McDonnell Engineering Company in the amount of $52,967.00 for additional engineering
services.
BACKGROUND:
On January 3, 2017, the City Council approved the City's participation in a revised Partnering
Agreement with the Arkansas Department of Transportation (ARDOT) to make needed
improvements to Hwy 112 (Resolution 27-17). Upon completion of the improvements to Hwy
112, the City agreed to assume ownership and responsibility of Hwy 112 from Hwy 16 (15th St)
to Interstate 49. This resolution also authorized Mayor Jordan to execute all appropriate
agreements and contracts necessary to expedite the construction of this project.
On September 19, 2017, the Mayor signed the Agreement of Understanding with ARDOT
obligating the City to manage the improvements of Hwy 112 from Poplar Street to Drake Street.
The City will be managing project design, right-of-way acquisition, utility relocations, bidding and
construction inspection.
On June 4, 2019, the Mayor signed the Agreement for Engineering Services with Burns &
McDonnell Engineering Company, Inc. in the amount of $618,186.00 to develop construction
plans for this street widening project.
DISCUSSION:
Burns & McDonnell Engineering Company has completed the 30% plans which have been
reviewed by both the ARDOT and the City. In the original agreement, it was stated that after the
30% plans had been developed, the impact to the existing water & sewer facilities would be
better determined, and that a Supplemental Agreement would be executed for the additional
professional services to design the utility adjustments and relocations. The attached
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Supplemental Agreement No. 1 has been reviewed and approved by the ARDOT with
concurrence from City staff.
BUDGET/STAFF IMPACT:
This project will be fully (100%) funded by the Arkansas Department of Transportation. The City
will make the initial payments to the Consultant from the Transportation Bond Program fund and
then request 100% reimbursement from the Department.
Attachments:
Supplemental Agreement No. 1 with Burns & McDonnell Engineering Company
Supplemental Agreement No. 1
Job No. 040720
Poplar St. — Drake St. (Fayetteville) (S)
Washington County r�
Date: zwo
WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering
Company, Inc. entered into an Agreement for Engineering Services on June 4, 2019; and,
WHEREAS, representatives of the City of Fayetteville requested work in addition to that
defined in the Agreement.
NOW THEREFORE, the following modifications will be made to the Agreement:
MODIFICATIONS:
1) The "Contract Ceiling Price" (Section 1.2) is increased from $618,186 to $671,153.
2) The 'Title I Services Ceiling Price" (Section 1.13) is increased from $618,186 to
671 153.
3) The fixed fee (Section 3.4) is increased from $49,020 to $53,559.
4) The Scope of Work (Appendix A-1) is modified as follows:
Section C.4.1) Water & Sewer Facilities is being added to the Scope of Work. As part
of these services, Engineer will prepare preliminary (50%) and final (90/100%) plans,
specifications, bid documents, and assist in preparation of reimbursement
agreements.
5) The duration (Section 17.1) for Title I Services shall remain unchanged at 24 months.
6) See Attachment A-2 for modifications to Appendix A - Justification of fees and costs.
7) See Attachment B-2 for Subconsultant Agreement with Harbor Environmental, Inc.
8) See Attachment C-213 for Certification of Subconsultant from Harbor Environmental,
Inc.
IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 1, to be
effective upon the date set out above.
BURNS & MCDONNELL CITY OF F YETTEVILLE, AR
ENGINEERING COMPANY, INC. Pj
Digitally signed by Steven
Beam
— Date 2020-05 28
BY: 15 34.44-05*00'wrz
Steven Beam, P.E. f Li el ordan
Business Manager nay
Attachment A-2 - Justification of Costs and Fees
April 30, 2020
JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S)
Washington County
TOTAL PROJECT SUMMARY-SA#1
TITLE I SERVICES
HOURS
SALARY
FEE
EXPENSES
TOTAL
PROJECT MANAGEMENT
160
$24,597
$2,952
$o
$27,549
ENVIRONMENTAL CLEARANCE DOCUMENTATION
342
$46,702
$5.604
$3.536
$55.842
SUPPLEMENTAL AGREEMENT NO. 1
-67
($9,375)
($1.125)
($700)
($11.200)
TRAFFIC DESIGN & PLANS
138
$18,673
$2241
$249
$21,163
ROADWAY DESIGN & PLANS
2,447
$318,521
$38,223
$175
$356,919
BRIDGE DESIGN & PLANS
0
$o
$0
$o
$0
FLOODPLAIN MODELING
o
$0
$0
$o
$o
ROW DESIGN & PLANS
FIELD SURVEYS AND MAPPING
GEOTECHNICAL
WATER & SEWER RELOCATION DESIGN (SA No. 1)
378
$47,198
$5.664
$105
$52,967
ORIG. SUBTOTAL TITLE 1
3,087
$408,493
$49,020
$3,960
$461,473
SUPPLEMENTAL NO. 1 SUBTOTAL TITLE 1
311
$37,823
$4,539
($595)
$a1,7s7
ADJ. SUBTOTAL TITLE 1
3,398
$446,316
$53,559
$3,365
$503,240
SUBCONSULTANTS TITLE I
McClelland Consulting Engineers, Inc.
1,798
$124,843
$14,981
$16.889
$156.713
Harbor Environmental (Supplemental Agreement No. 1)
87
$8,964
$1,076
$1.160
$11.200
ORIG. SUBTOTAL SUBCONSULTANTS TITLE 1
1,798
$124,843
$14,981
$16,889
$156,713
ADJ. SUBTOTAL SUBCONSULTANTS TITLE 1
1,885
$133,807
$16,057
$18,049
$167,913
ORIG. TOTAL TITLE I 1
4,885 1
$533,336
$64,001
$20,849
$618,186
ADJ. TOTAL TITLE 1 1
5,283
1 $580,123
$69,616
$21,414
$671,153
Attachment A-2 - Justification of Costs and Fees
April 30, 2020
JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S)
Washington County
ENVIRONMENTAL CLEARANCE DOCUMENTATION-SA#1
MANHOURS
TASK
PD
PM
SE
AES
SES
STES
CAD/DES
ASST
TOTAL
Data Collection
0
Constraints Map
0
Cultural Resources and Historic Properties
Desktop Research
0
Field Investigation
0
CR Report & SHPO Coordination
0
Biological Investigations
Wetland Surveys & Delineation
-6
-16
-22
Wetlands Report
-2
-12
-14
USACE Coordination/Jurisdictional Determination
-4
-4
Threatened & Endangered Species Investigation
-6
-6
USFWS Coordination
-4
-4
Hazard ouslRegulated Materials
Desktop Research & Findings
-6
-6
Other Studies and Investigations
Section 4(f) and 6(0 Investigation
-8
-8
Noise Analysis & Report
0
Other Studies
0
Public Involvement Meeting
Prepare meeting materials
0
Meetings attendance and debriefings
-4
-4
Public comment review and summary
-4
-4
Categorical Exclusion Document
Prepare CE Document
5
5
TOTAL MH - ENV. CLEAR. DOC.
0
0
0
-8
19
-40
0
0
-67
LABOR COSTS
Category - Description
Rate
MH
Amount
PD - Project Director
$75.00
0
$0
PM - Project Manager
$65.00
0
$0
AES -Assoc. Environmental Scientist
$60.00
-8
($480)
SE - Senior Engineer
$50.00
0
$0
SES - Senior Environmental Scientist
$48.00
-19
($912)
STES - Staff Environmental Scientist
$38.00
-40
($1,520)
CAD/DES - CAD/Designer
$30.00
0
$0
ASST - Project Assistant
$25.00
0
$0
Subtotal
($2,912)
Overhead 221.95%
($6,463)
Subtotal
($9,375)
Fee
($1,125)
FCCM 0.00%
$0
Subtotal Labor Costs
($10,500)
Attachment A-2 - Justification of Costs and Fees
April 30, 2020
JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S)
Washington County
ENVIRONMENTAL CLEARANCE DOCUMENTATION-SA#1
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 1/2 x 11 B&W)
(100)
each
$0.08
($8)
Printing (11 x 17)
each
$0.35
$0
GPS Equipment
wk
$450.00
$0
EDR database search
each
$175.00
$0
Travel (Mileage. Rental Car. Airfare)
(1)
Allowance
$550.000
($550)
Lodging
(1)
each
$91.00
($91)
Meals (per day)
(1)
each
$51.00
($51)
Public Meeting Materials (Large Format)
Allowance
$1,500.00
$0
Subtotal Expenses
($700)
TOTAL COSTS - ENVIRONMENTAL CLEARANCE DOCUMENTATION-SA#1
($11,200)
BASIS OF ESTIMATE
Description
Number
Public Meetings
1
Alternatives Evaluations
1
Description
This estimate is based on preparing a Categorical Exclusion Document for environmental clearance.
An EA or EIS will require a supplemental agreement.
Cultural Resources investigation is limited to proposed ROW limits and no deep testing is included.
It is assumed that no archaeological sites will be located so
no mitigation plans or additional consulting with SHPO is included in the scope.
It is assumed that no wetlands are on -site and no delineations will be required.
Presence or absence surveys of listed threatened or endangered species are not included in the scope.
Attachment A-2 - Justification of Costs and Fees
April 30, 2020
JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S)
Washington County
WATER & SEWER RELOCATION DESIGN & PLANS
MANHOURS
TASK
PD
PM
SE
STRE
STFE
CAD/DES
ASST
TOTAL
Design Criteria
0
Preliminary Design (50%)
Sewer Line Plan & Profiles
8
24
24
56
Water Line Plan &`Profiles
8
20
24
52
Details
4
4
20
28
Cost Estimate
4
16
20
Final Design (90%/100%)
Sewer Line Plan & Profiles
4
16
16
36
Water Line Plan &'Profiles
4
10
16
30
Details
16
16
Cost Estimate
4
16
20
Specifications
4
16
20
Bid Preparation & Bidding Phase Services
40
40
80
Reimbrusement Agreement Preparation
4
16
20
& SEWER RELOCATION DESIGN & PLANS
0
44
0
0
178
156
0
37a
LABOR COSTS
Category - Description
Rate
MH
Amount
PD - Project Director
$75.00
0
$0
PM - Project Manager
$65.00
44
$2.860
SE - Senior Engineer
$50.00
0
$0
STRE - Structural Engineer
$50.00
0
$0
STFE - Staff Engineer
$40.00
178
$7.120
CAD/DES - CAD/Designer
$30.00
156
$4.680
ASST - Project Assistant
$25.00
0
$0
Subtotal
$14.660
Overhead 221.95%
$32,538
Subtotal
$47,198
Fee
$5.664
FCCM 0.00%
$0
Subtotal Labor Costs
$52,862
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (11 x 17)
300
each
$0.35
$105
Plotting (22 x 34)
0
each
$1.35
$0
Subtotal Expenses
$105
TOTAL COSTS - WATER & SEWER RELOCATION DESIGN & PLANS
$52,967
BASIS OF ESTIMATE
Description
Approximately 1900 LF of 8" sanitary sewer to be designed for relocation.
Approximately 4500 LF of 12" water line to be designed for relocation.
A2-10
Attachment A-2 - Justification of Costs and Fees
April 30, 2020
JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S)
Washington County
SUBCONSULTANT SUMMARY-SA#1
TITLE I SERVICES
HOURS
SALARY
FEE
EXPENSES
TOTAL
ENVIRONMENTAL CLEARANCE DOCUMENTATION-SA#1
87
$8.964
$1.076
$1.160
$11.200
ROADWAY
84
$10.512
$1.261
$0
$11.773
FIELD SURVEYS AND MAPPING
998
$66.208
$7.945
$1.445
$75.598
ROW DESIGN & PLANS
547
$36,855
$4.423
$0
$41.278
GEOTECHNICAL
169
$11_268
$1.352
$15.444
$28.064
ORIG. SUBCONSULTANT TOTAL TITLE 1
1,798
$124,843
$14,981
$16,889
5156,713
SUBCONSULTANT TOTAL TITLE I - SA#1
1 87
1 $8,964
$1,076
1 $1,160
s11,Y00
ADJ. SUBCONSULTANT TOTAL TITLE I - SA#1
1,885
$133,807
$16,057
$18,049
5167,913
SUBCONSULTANT TOTAL TITLE II
0
$0
$0
$0
ORIG. SUBCONSULTANT TOTAL PROJECT
1,798
124,843
14,981
16,889
s1ss,713
ADJ. SUBCONSULTANT TOTAL PROJECT
1,885
133,807
16,057
18,049
s167,913
Attachment A-2 - Justification of Costs and Fees
April 30, 2020
JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S)
Washington County
ENVIRONMENTAL CLEARANCE DOCUMENTATION-SA#1
Harbor Environmental, Inc.
MANHOURS
TASK
DIR
SPM
PM
CAD
ADM
TOTAL
Data Collection
2
4
8
14
Constraints Map
0
Cultural Resources and Historic Properties
Desktop Research
0
Field Investigation
0
CR Report & SHPO Coordination
0
Biological Investigations
Wetland Surveys & Delineation
2
12
14
Wetlands Report
1
2
12
2
17
USACE Coordination/Jurisdictional Determination
1
4
5
Threatened & Endangered Species Investigation
4
4
USFWS Coordination
1
4
5
Hazardous/Regulated Materials
Desktop Research & Findings
2
8
10
Other Studies and Investigations
Section 4(f) and 6(f) Investigation
2
4
12
18
Noise Analysis & Report
0
Other Studies
0
Public Involvement Meeting
Prepare meeting materials
0
Meetings attendance and debriefings
0
Public comment review and summary
0
Categorical Exclusion Document
Prepare CE Document
0
TOTAL MH - ENV. CLEAR. DOC.
5
16
64
2
0
0
0
0
87
LABOR COSTS
Category - Description
Rate
MH
Amount
Director/Professional Engineer
$43.00
5
$215
Senior Project Manager
$40.00
16
$640
Project Manager
$35.00
64
$2,240
CADD Draftsman
$33.00
2
$66
Administrative
$25.00
0
$0
$0.00
0
$0
$0.00
0
$0
$0.00
0
$0
Subtotal
$3,161
Overhead 183.58%
$5,803
Subtotal
$8,964
Fee
$1,076
FCCM 0.00%
$0
Subtotal Labor Costsl
$10,040
Attachment A-2 - Justification of Costs and Fees
April 30, 2020
JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S)
Washington County
ENVIRONMENTAL CLEARANCE DOCUMENTATION-SA#1
Harbor Environmental, Inc.
EXPENSES
ITEM
Quantity
Unit
Rate
Amount
Printing (8 112 x 11 B&W)
500
each
$0.08
$40
Printing (11 x 17)
100
each
$0.35
$35
GPS Equipment
1
wk
$250.00
$250
EDR database search
1
each
$350.00
$350
Travel (Mileage. Rental Car. Airfare)
1
Allowance
$250.000
$250
Lodging
1
each
$125.00
$125
Meals (per day)
2 1
each
$55.00
$110
Subtotal Expenses
$1,160
TOTAL COSTS - ENVIRONMENTAL CLEARANCE DOCUMENTATION-SAM
$11,200
BASIS OF ESTIMATE
Description
Number
Public Meetings
Alternatives Evaluations
Description
This estimate is based on preparing a Categorical Exclusion Document for environmental clearance. An EA or EIS will require a supplemental agreement.
Presence or absence surveys of listed threatened or endangered species are not included in the scope.
APPENDIX B-2
SUBCONSULTANT AGREEMENT
JOB NO. 040720
Poplar St. — Drake St. (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 Burns & McDonnell Engineering Company. Inc. ("Consultant")
and the City of Fayetteville ("Owner") for Job 040720, dated June 4 2019.
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.
1.3. The Subconsultant shall perform its services in character, sequence, and timing
so that it will be coordinated with that of the Consultant and in accordance with any
schedules provided by the Consultant. Subconsultant shall be responsible for damages
to Consultant or Owner to the extent caused by Subconsultant's delay.
2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED
2.1. 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. Data related to
the impact areas should be including, but not restricted to:
1. Hazardous Materials
2. Wetlands and Stream Impacts
3. Water Quality, including Public Drinking Supplies
4. Farmland
5. Migratory Birds
6. Terrestrial and Aquatic Communities
7. Endangered and Threatened Species
8. Recreational Areas
9. Section 4(f) and 6(f) properties
10. Secondary and Cumulative Impacts
2.2. BIOLOGICAL INVESTIGATIONS
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
B2-1
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.
The Subconsultant will contact the U.S. Fish and Wildlife (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.
2.3. HAZARDOUS/REGULATED MATERIALS
The Subconsultant 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 Environmental Documentation. The
work shall include:
1. Overview and Summary of Hazardous Material Sites within the Study Area- This
initial screening will include a review and evaluation of applicable state and federal
regulatory agency databases.
2. Identification of Sites of Concern - A review and evaluation of the following list will
be performed for the reasonable and feasible alternatives. CERCLA, NPL, RCRA,
RST, LRST, State Superfund, city/county Solid Waste Landfills.
3. Visual survey of the study area.
2.4. OTHER ENVIRONMENTAL STUDIES, ANALYSES AND INVESTIGATIONS
The Subconsultant shall conduct all other environmental studies, analyses and
investigations in accordance with FHWA/ ARDOT requirements for a CE for a
transportation improvement project. The other environmental studies, analyses, and
investigations will include the following: Air quality, hazardous materials, wetlands and
stream impacts, water quality, including public drinking supplies, farmland impacts,
terrestrial and aquatic communities, endangered and threatened species, recreational
areas, and Section 4(f) and 6(f) properties.
2.5. ENVIRONMENTAL DOCUMENT
Provide Engineer with necessary reports and documentation pertaining to the
Subconsultant's Scope of Work in support of the Environmental Document.
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 engineering services in connection with the Project as set forth
herein. In consideration for Title I services performed, the Consultant will reimburse the
Subconsultant for allowable direct and indirect costs, as defined herein, and pay the
Subconsultant a fixed fee. If Title II services are to be performed, the Consultant will
reimburse the Subconsultant for allowable direct costs and also pay the Subconsultant 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.
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3.2. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 CFR
Part 31 (FAR), and is also subject to any limitations contained herein. The Indirect Cost
Rate for the Subconsultant under this Agreement shall be 183.58 percent (FY2018) until
modified in writing and is based upon acceptance of an updated audited indirect cost rate
by the Department.
3.3. 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:
3.3.1.SCHEDULE OF SALARY RANGES
Staff Classification
Low Rate
per Hour
High Rate
per Hour
Director/ Professional Engineer
$40.00
$60.00
Senior Project Manager
$40.00
$60.00
Project Manager
$30.00
$48.00
CADD Draftsman
$25.00
$35.00
Administrative Assistant
$18.00
$35.00
3.3.2. The Consultant shall reimburse the Subconsultant 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 Subconsultant must comply with all
federal and state wage and hour laws and regulations, regardless whether the
overtime is considered reimbursable under this Agreement.
3.4. "Title I Services Ceiling Price." The Title I Services Ceiling Price for this Agreement is
$11,200.00, inclusive of a fixed fee of $1,076.00. The Title I Services Ceiling price is the
maximum aggregate amount of all payments that the Consultant may become obligated to
make to Subconsultant under this Agreement for fees and costs related to Title I Services.
In no event, unless modified in writing, shall total payments by the Consultant related to
Title I Services exceed the Title I Services Ceiling Price. The Subconsultant shall not be
entitled to receive adjustment, reimbursement, or payment for, nor shall the Subconsultant,
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.
3.5. Payment to Subconsultant will be made within fifteen (15) days after Consultant is paid
by Owner for Subconsultant's services. Subconsultant recognizes that payment by Owner
to Consultant shall be a condition precedent to Consultant's obligation to make payment
hereunder, and that payment to Subconsultant is directly contingent upon Owner's
payment to Consultant.
3.6. If required by the Owner or Consultant, lien waivers, properly executed by
Subconsultant, shall be furnished with each invoice from Subconsultant in the form of the
lien waiver required by Consultant.
3.7. Consultant may withhold payment to Subconsultant, in whole or in part, to the extent
reasonably necessary to protect Consultant from loss on account of: (a) defective services
not remedied; (b) claims by Owner or other third party or evidence reasonably indicating
the probable filing of claims; (c) failure of Subconsultant to make payments to any
subconsultant; (d) any cost for which Subconsultant is responsible under this Agreement;
or (e) a breach by Subconsultant of any provision of this Agreement. When the grounds
for withholding payments are removed, payment of such withheld amounts shall be made.
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No interest shall be due or payable by Consultant on amounts withheld in good faith
pursuant to this paragraph.
3.8. Payment to Subconsultant does not constitute or imply acceptance by Consultant
or Owner of any portion of the Subconsultant's services and shall not constitute a waiver
of any claims against Subconsultant.
4. COMPENSATION SUBJECT TO LIMITATIONS OF FEDERAL AND STATE LAW
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 FAR, 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, ARDOT, AND FHWA AS THIRD PARTY BENEFICIARIES
5.1. This Subconsultant Agreement is between and binding upon only the Consultant
and Subconsultant. The Commission, ARDOT, 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 ARDOT, 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. However, the Subconsultant shall provide the Consultant all
necessary information and assistance to enable Consultant to comply with the Disputes
and Claims provisions.
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, ARDOT, 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
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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, ARDOT, 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;
• 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, ARDOT, 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, ARDOT, 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 in the Prime Agree Section 29, 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.
6.7. The Subconsultant shall insert a clause containing all the terms of this section in
all subcontracts under this Agreement.
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7. PATENT AND COPYRIGHT INFRINGEMENT
7.1. The Subconsultant shall report to the Consultant and 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 Subconsultant has knowledge.
7.2. 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
Subconsultant shall furnish to the Consultant and Owner, when requested by the
Consultant and/or the Owner, all evidence and information in possession of the
Subconsultant pertaining to such suit or claim. Such evidence and information shall be
furnished at the expense of the Subconsultant.
7.3. The Subconsultant agrees to include, and require inclusion of, the provisions of this
section in all subcontracts at any tier for supplies or services.
7.4. The Subconsultant 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.
7.5. This indemnity shall not apply unless the Subconsultant 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 Subconsultant, (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 Subconsultant, unless required by final
decree of a court of competent jurisdiction.
8. SUBCONTRACTING
8.1. 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 Consultant
and 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.
8.2. Unless the consent or approval specifically provides otherwise, neither consent by the
Consultant or 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.
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8.3. 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.
8.4. 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.
8.5. 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.
9. RESTRICTIONS ON EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES
The Subconsultant agrees to a 6 month restriction on employment of present and former
employees of Owner regarding matters for which a former employee was officially
responsible.
10. INSURANCE
10.1. Professional Liability Insurance Coverage. The Subconsultant shall maintain at all
times during the performance of services under this Agreement professional liability
insurance coverage for negligent acts, errors, and omissions to the extent caused by the
performance of professional services under this Agreement in an amount per claim of
$1,000,000 per claim and aggregate. Such insurance shall extend to any errors,
omissions, and negligent acts in the performance of services under this Agreement
committed by the Subconsultant or alleged to have been committed by the Subconsultant
subject to the terms of the policy.
10.2. Deductible. The Subconsultant may maintain a professional liability insurance policy
with a deductible clause. The Subconsultant shall submit promptly to the Consultant, upon
request as often as quarterly, detailed financial statements and any other information
requested by the Consultant to reasonably determine whether or not the Subconsultant's
financial resources are sufficient to adequately cover possible liability in the amount of the
deductible.
10.3. Worker's Compensation Insurance. The Subconsultant shall at all times during the
Term of this Agreement maintain Worker's Compensation and Employers Liability
Insurance as required under Arkansas law.
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10.4. Automobile and General Liability Insurance. The Subconsultant shall at all times
during the term of this Agreement maintain commercial general liability insurance
coverage for bodily injury and property damage in the combined single limit of $1,000,000
per occurrence and aggregate, and business automobile liability insurance coverage for
bodily injury and property damage in the combined single limit of $1,000,000 per accident,
which shall cover all owned, hired, and non -owned vehicles.
10.5. Valuable Papers Insurance. The Subconsultant shall at all times during the term of
this Agreement maintain Valuable Papers Insurance, whether as a part of the General
Liability Insurances referenced above or as a separate insurance, in an amount sufficient
to cover all costs associated with repairing, restoring, or replacing any plans, drawings,
field notes, and other documents kept or created by the Subconsultant as part of the
services under this Agreement, in the event of casualty to, or loss or theft of such papers.
10.6. Contractor's Pollution/Environmental Impairment Liability Insurance. NOT
REQUIRED.
10.7. Insurance Certificates. Prior to the execution of this Agreement, the Subconsultant
shall furnish to the Consultant 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 Subconsultant's
failure to provide and continue in force and effect any insurance required under this Article
shall be deemed a Default for which Consultant, in its sole discretion, may terminate this
Agreement immediately or on such other terms as it sees fit.
10.8. Additional Insurance Requirements. All insurance maintained by the Subconsultant
pursuant to this Section shall be written by insurance companies authorized to do business
in Arkansas, in form and substance reasonably satisfactory to the Consultant, and shall
provide that the insurance will not be subject to cancellation during its term except upon
thirty (30) days prior written notice to the Consultant. In the event that the insurance is
cancelled, during its term and thirty (30) days written notice cannot be provided to the
Consultant, the Subconsultant shall provide any insurance required under this Article for
continual coverage upon expiration of the existing policy or become financially responsible
for any claims associated with the expired period.
10.9. Duration of Insurance Obligations. The Subconsultant shall maintain its professional
insurance coverage required under this Agreement in force and effect for a period not less
than one year after the final completion of the Subconsultant's services under this
Agreement. Commercial General Liability Insurance Coverage and Valuable Papers
Insurance Coverage required under this Agreement shall be in full force and effect until
the final completion of the Subconsultant's services. All other insurance shall be
maintained in full force and effect until final completion of the Subconsultant's services.
10.10. Subconsultant's Insurance Primary. All insurance policies maintained by the
Subconsultant providing additional insured coverage pursuant to this Agreement shall
provide that the Subconsultant's insurance shall be primary and the Consultant's own
insurance shall be non-contributing.
10.11. Additional Insured. All liability insurance policies, except the professional liability
policy. worker's compensation and valuable papers maintained by the Subconsultant
pursuant to this Agreement shall be endorsed to include the Consultant, its officers,
directors, employees, as additional insured,
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10.12. Subconsultant shall be solely liable for the amount of any deductibles should claims or
expenses (including attorneys' fees) under the insurance policies require payment. If
applicable, Subconsultant shall require its subcontractors to furnish the above insurance
and comply with all requirements of this paragraph, including but not limited to the
furnishing of certificates to Consultant and its client if required. Subconsultant and its
subcontractors shall not violate, or permit to be violated, any conditions or warranties of
the above insurance policies and shall at all times satisfy the requirements of the
insurance carriers, underwriters, brokers, or agents writing said policies.
11. COVENANT AGAINST CONTINGENCY FEES
11.1. 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 ARDOT 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.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. 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.
12. TITLE VI ASSURANCES (NONDISCRIMINATION)
During the performance of this Subconsultant Agreement, the Subconsultant, for itself,
successors, and assigns, certifies and agrees as follows:
12.1. 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, CFR Part 21, 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, or national origin
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.
12.2. 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,
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or national origin 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.
12.3. 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, or national
origin.
12.4. 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 ARDOT, or the USDOT and its Affiliated Modes 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 ARDOT or the USDOT and its Affiliated Modes, as appropriate, and shall set forth what
efforts made by the Subconsultant to obtain the records or information.
12.5. 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 ARDOT, or the USDOT and its Affiliate Modes
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.
12.6. 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 ARDOT, or USDOT and its Affiliated Modes may direct as a means of
enforcing these terms and conditions, including sanctions for noncompliance; provided,
however that, in the event 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 ARDOT, or the United States to enter into the litigation to
protect the interests of the State and the United States, respectively.
13. DBE CLAUSE
13.1. The Subconsultant shall not discriminate on the basis of race, color, sex, or national origin
in the performance of this Subconsultant Agreement. The Subconsultant shall comply
with the applicable requirements of 49 CFR 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 Owner or ARDOT may determine appropriate.
13.2. The Subconsultant shall insert a clause containing all the terms of this section in all
subcontracts under this Agreement.
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14. COMPLIANCE WITH ALL OTHER LAWS REGARDING NONDISCRIMINATION
14.1. 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.
14.2. The Subconsultant, during the term of this Agreement, shall not discriminate on the
basis of race, color, sex, national origin, age, religion, disability, or any other protected
classes 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.
15.3. In accordance with Section 504 regulations 49 CFR 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.
15. CERTIFICATION REGARDING LOBBYING
15.1. The Subconsultant certifies, to the best of their knowledge and belief. that:
15.1.1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
15.1.2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency. a Member of Congress, an officer or employee of Congress. or an employee
of a Member of Congress in connection with this Federal contract. grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying".
The Subconsultant shall require that the language of this certification be included in the agreement
for all subcontracts and that all subcontractors shall certify and disclose accordingly.
16. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS
16.1. The Subconsultant certifies, to the best of its knowledge and belief, that—
16.1.1. The Subconsultant and any of its Principals-
16.1.1.1. Are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any federal or state agency;
16.1.1.2. 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
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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;
16.1.1.3. 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 16.1.1.2; and,
16.1.1.4. 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.
16.2. 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.
16.3. The Subconsultant shall provide immediate written notice to the ARDOT 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.
16.4. The certification in subsection 16.1 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 ARDOT may terminate the contract
resulting from this solicitation for default in addition to any other remedies available to the
ARDOT.
17. CERTIFICATION REGARDING CONFLICT OF INTEREST
17.1. The Subconsultant certifies, that it has no financial interest in the proposed project or
construction of the proposed project.
17.1.1. The Subconsultant nor any of its Principals have
17.1.1.1. No financial interest in work associated with this contract;
17.1.1.2. No ownership interest in work associated with this contract;
17.1.1.3. No Financial interest in the results of any agency decisions regarding
approvals for work associated with this project;
17.1.1.4. Policies and procedures (provided statutory framework permits) for a
contracting agency to pursue a range of civil actions and penalties including
fines, suspension, or debarment associated with fraud, waste, abuse, and
identified conflict of interest which were not disclosed.
17.2. For the duration of the contract. except for work expressly defined in this contract, the
Subconsultant shall not be party to agreements for design or construction on projects
associated with contract.
17.3. For the duration of the contract, except for work expressly defined in this contract, the
Subconsultant shall not be party to enforceable promises or guarantees of future work
associated with this contract.
".901a
18. DISPUTES, NEGOTIATIONS, MEDIATION, AND WITNESS FEES
18.1. If a dispute arises relating to the performance of the services to be provided and,
should that dispute result in litigation, it is agreed that the substantially prevailing party
(as determined in equity by the court) shall be entitled to recover all reasonable costs of
litigation, including staff time, court costs, attorney's fees and other related expenses.
18.2. The parties shall participate in good faith negotiations to resolve any and all disputes.
Should negotiations fail, the parties agree to submit to and participate in a third party -
facilitated mediation as a condition precedent to resolution by litigation. Unless otherwise
agreed to, mediation shall be conducted under the rules of the American Arbitration
Association and shall be held in Kansas City. Missouri.
18.3. The parties agree that any dispute between them, including any action against an
officer, director or employee of a party, arising out of or related to this Agreement,
whether in contract or tort, not resolved through direct negotiation and mediation, shall
be resolved by litigation in the state or federal courts located in Jackson County.
Missouri, and each party expressly consents to jurisdiction therein. Any litigation to
compel or enforce, or otherwise affect the mediation shall be in state or federal courts
located in Jackson County, Missouri, and each party expressly consents to jurisdiction
therein.
18.4. Causes of action between the parties shall accrue, and applicable statutes of
limitation shall commence to run the date Subconsultant's services are substantially
complete.
18.5. Subconsultant's employees shall not be retained as expert witnesses in the defense
of Consultant or Owner, except by separate written agreement.
18.6. Consultant agrees to pay Subconsultant pursuant to Subconsultant's then current
schedule of hourly labor billing rates for time spent by any employee of Subconsultant
responding to any subpoena by any party in any dispute as an occurrence witness or to
assemble and produce documents resulting from Subconsultant's services under this
Agreement.
19. OWNERSHIP OF DOCUMENTS & DATA
19.1. Except for any pre-existing intellectual property, 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 Consultant. The Subconsultant shall further provide all documents and data to the
Consultant upon the Consultant's request. The Subconsultant 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
Consultant shall have an irrevocable license to use such documents, or data compilations,
or work product. These rights of the Consultant shall accrue to the Owner pursuant to the
Prime Agreement between the Consultant and Owner. This provision and obligation shall
survive termination of the Agreement.
i32-13
20. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY
20.1. Indemnity. To the fullest extent permitted by law, Subconsultant shall defend,
indemnify, and hold harmless Consultant and Owner and their respective officers, agents
and employees from and against all and any claims, suits. damages, liabilities, costs and
expenses, including attorneys' fees and costs of defense. stemming from any negligent,
willful, intentional, or reckless act. error, or omission on the part of the Subconsultant and
its subcontractors. agents, and employees. Subconsultant shall also indemnify and hold
harmless Consultant and Owner, and their officers. agents, and employees against liability
including costs and attorneys' fees for infringement of any patent or copyrights arising
from Subconsultant's performance of services or the Agreement or any work product or
documentation provided or prepared by Subconsultant. This provision and obligation shall
survive termination of the Agreement.
21. SURVIVAL
All provisions, warranties, obligations, and representations, which expressly survive or by their
terms, are to survive termination. Such terms include. but are not limited to; indemnity.
ownership of documents, insurance, and other similar clauses.
22. NOTICE
22.1. All notices, approvals, requests, consents, or other communications required or permitted
under this Agreement shall be mailed or hand -delivered to:
22.1.1. To the Subconsultant:
Mrs. Leslie Davis
Harbor Environmental, Inc. d/b/a Harbor Environmental and Safety
8114 Cantrell Road, Suite 350
Little Rock, AR 72227
22.1.2. 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 4-Jun-2020
BURNS & MCDONNELL ENGINEERING
COMPANY, INC. HARBOR ENVIRONMENTAL, INC.
Digitally signed by
Steven Beam
Date:2020.05.28
BY: 15:33:26-05'00' BY: �Cc GY-2
Steven Beam, P.E.
Business Manager
B2-14
Leslie Davis
Principal
APPENDIX C State Job No. 040720
C-4
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 Department of Transportation 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 12 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. I certify and hereby agree to the
conditions of Certification Regarding Lobbying as outlined in Section 15 of this Agreement and shall insert the
Certification Regarding Lobbying in all solicitation of work or procurement of materials or equipment. I certify and
hereby agree to the conditions of Certification Regarding Lobbying as outlined in Section 15 of this Agreement and
shall insert the Certification Regarding Lobbying in all solicitation of work or procurement of materials or equipment. I
certify and hereby agree to the conditions of Certification Regarding Conflict of Interest as outlined in Section 17 of this
Agreement and shall insert the Certification Regarding Conflict of Interest in all solicitation of work or procurement of
materials or equipment
NOTICE OF NONDISCRIMINATION STATEMENT
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: rgee .harborenv.com.
This notice is available from the ADA/504/ritle VI Coordinator in large print, on audiotape and in Braille.
Authorized Firm Representative
C-4
4-Jun-2020
Date
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recognize Federal -aid funds of 52,967 available for water & sewer design services associated with the Hwy 112 (Poplar
to Drake) which will be 100% reimbursed by the Arkansas Department of Transportation (ArDOT).
RESOLUTION/ORDINANCE
COUNCIL DATE
LEGISTAR FILE ID#
6/16/2020
2020-0468
M azihev Maddox,
61112020 8:44 AM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
GLDATE: 6/16/2020
CHKD/POSTED:
TOTAL 52,967 52,967 v.20200528
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4470.800.8835-4309.00 - 52,967 06035 3800 RE Federal Grants - Capital
4470.800.8835-5314.00 52,967 - 06035 3800 EX Professional Services
HABudget Adjustments\2020_Budget\City Council\06-16-2020\BA 2020-0468 HWY 112 Contract Agreement No.l 1 of 1