Loading...
HomeMy WebLinkAbout155-24 RESOLUTIONFile Number: 2024-122 113 West Mountain Street Fayetteville , AR 72701 (479) 575-8323 Resolution: 155-24 OLSSON, INC. (ENGINEERING AGREEMENT): A RESOLUTION TO APPROVE AN ENGINEERING SERVICES AGREEMENT IN THE AMOUNT OF $45,000.00 BETWEEN THE CITY OF FAYETTEVILLE AND OLSSON, INC . FOR PRELIMINARY ENGINEERING RELATED TO UPGRADES AT THE MALLY WAGNON SEWER LIFT STATION WHEREAS, the Mally Wagnon sewer lift station receives sewer flow from several residential areas east of the We st Fork of the White River along Highway 16 including I 00% of sewer from the City of Elkins; and WHEREAS , the City of Elkins is actively upgrading its sewer pumpin g capabilities and the City of Fayetteville will not be able to accept its maximum flows until the Mally Wagnon lift station is up graded . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to s ign an engineering services agreement in the amount of $45,000 .00 with Olsson , Inc . for preliminary engineering services related to upgrades needed at the Mally Wagnon Sewer Lift Station. PASSED and APPROVED on June 4, 2024 Page 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-122 MEETING OF JUNE 4, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Olsson, Inc. - Engineering for Mally Wagnon Sewer Lift Station Improvements RECOMMENDATION: Staff recommends approval of an Engineering Services Agreement with Olsson, Inc. in the amount of $45,000.00 for Preliminary Engineering related to upgrades needed at the Mally Wagnon Sewer Lift Station. BACKGROUND: The City’s Mally Wagnon sewer lift station is located at 5716 E. Norman Murphy Road. This station receives sewer flow from several residential areas east of the West Fork of the White River along Highway 16. The station also receives 100% of sewer from the City of Elkins, metered wholesale to the Fayetteville from a lift station owned by Elkins. The City of Elkins is actively upgrading their sewer pumping capabilities and the City of Fayetteville will not be able to accept their max flows until this Mally Wagnon lift station is upgraded. DISCUSSION: The first step towards upgrades at this station will be a Preliminary Engineering Report which details expected combined flows that would come to the station and performs a high-level analysis of viable options to upgrade and expand the station. Afterward, amendments would be necessary to move the project into full engineering design such that the project could be advertised and bid. On January 9th, 2024, the City of Fayetteville conducted a formal Engineering Selection meeting. Olsson was selected to negotiate this contract (RFQ 23-01, Selection #10). The cost is based on engineering level of effort, hourly by position rates, not to exceed $45,000.00. BUDGET/STAFF IMPACT: Funds are available in the Sanitary Sewer Rehabilitation account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), Engineering Agreement (#4) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-122 Olsson, Inc. - Engineering for Mally Wagnon Sewer Lift Station Improvements A RESOLUTION TO APPROVE AN ENGINEERING SERVICES AGREEMENT IN THE AMOUNT OF $45,000.00 BETWEEN THE CITY OF FAYETTEVILLE AND OLSSON, INC. FOR PRELIMINARY ENGINEERING RELATED TO UPGRADES AT THE MALLY WAGNON SEWER LIFT STATION WHEREAS, the Mally Wagnon sewer lift station receives sewer flow from several residential areas east of the West Fork of the White River along Highway 16 including 100% of sewer from the City of Elkins; and WHEREAS, the City of Elkins is actively upgrading its sewer pumping capabilities and the City of Fayetteville will not be able to accept its maximum flows until the Mally Wagnon lift station is upgraded. 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 an engineering services agreement in the amount of $45,000.00 with Olsson, Inc. for preliminary engineering services related to upgrades needed at the Mally Wagnon Sewer Lift Station. City of Fayetteville Staff Review Form 2024-122 Item ID 6/4/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Tim Nyander 5/15/2024 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of an Engineering Services Agreement with Olsson, Inc. in the amount of $45,000.00 for Preliminary Engineering related to upgrades needed at the Mally Wagnon Sewer Lift Station. Budget Impact: 5400.720.5700-5314.00 Water & Sewer Account Number Fund 02017.1 Sanitary Sewer Rehabilitation Project Number Project Title Budgeted Item?Yes Total Amended Budget $4,137,629.00 Expenses (Actual+Encum)$3,237,484.22 Available Budget $900,144.78 Does item have a direct cost?Yes Item Cost $45,000.00 Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $855,144.78 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON INC. MALLY WAGNON SEWER LIFT STATION UPGRADES Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 1 THIS AGREEMENT is made as of , 2024, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Olsson, Inc. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction administration of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE’s professional engineering consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER’s services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. June 4 Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 2 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE’s requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER’s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 The City Engineer is the CITY OF FAYETTEVILLE’s project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE’s policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not-to-exceed amount authorized for this Agreement is $45,000.00. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in Appendix A. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER’s normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 3 ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE’s approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER’s statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE’s claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Limits of Liability Workers’ Compensation Statutory Employers’ Liability $500,000 Each Accident Commercial General Liability Bodily Injury and $1,000,000 Combined Single Limit Property Damage Automobile Liability: Bodily Injury and $1,000,000 Combined Single Limit Property Damage Professional Liability Insurance $1,000,000 Each Claim Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 4 ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER’s services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER’s services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER’s services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER’s experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors’ procedures and methods, unavoidable delays, construction Contractors’ methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER’s services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be affected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 5 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER’s default. 6.5.4 If termination for default is affected by ENGINEER, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 After payment in accordance with Paragraphs 6.5.3 and 6.5.4 above, deliver or otherwise make available to CITY OF FAYETTEVILLE all project deliverables at the latest stage of completion (e.g. 30%, 90%, etc.) CITY OF FAYETTEVILLE shall have the limited right to use the deliverables subject to the provisions of Paragraph 6.12.2. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER’s reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 6 6.7 Rights and Benefits 6.7.1 ENGINEER’s services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER’s employees and the importance of ENGINEER’s public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER’s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE’s advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE’s comments to ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 7 CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER’s activities pertaining to any such publication shall be for ENGINEER’s account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 The CITY OF FAYETTEVILLE acknowledges the Engineer’s plans and specifications, including all documents on electronic media (“delivered documents”), as instruments of professional service. Nevertheless, the delivered documents prepared under this Agreement shall be delivered to and become the property of the CITY OF FAYETTEVILLE upon completion of the services and payment in full of all monies due to the Engineer . Except for the Engineer’s services provided for by this Agreement as related to the construction and completion of the Project, the ENGINEER accepts no liability arising from any reuse of the delivered documents by the CITY OF FAYETTEVILLE, unless the Engineer is retained by CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered documents. Except where the CITY OF FAYETTEVILLE reuses the delivered documents subsequent to the completion of the Project, nothing contained in this paragraph shall alter the Engineer’s responsibilities and obligations under this Agreement. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE’s address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER’s address: 3537 North Steele Blvd. STE 310 Fayetteville, Arkansas 72703 Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 8 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE’s internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE’s review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE’s review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER’s negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER’s obligations under this clause are in addition to ENGINEER’s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 9 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1 , CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty , in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom oflnformation Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub-consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. TN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. TTEVILLE ARKANSAS OLSSON, INC . Olsson Contract Mally Wagnon Sewer Lift Station Upgrades 10 Suite 310 / 3537 North Steele Blvd. / Fayetteville, AR 72703 o 479.443.3404 / f 479.443.4340 / olsson.com Appendix A SCOPE OF SERVICES Corey Granderson Utilities Engineer City of Fayetteville, Arkansas PROJECT DESCRIPTION AND LOCATION Project will be located at: 5716 E Norman Murphy Road, Fayetteville, AR Project Description: Mally Wagnon Sewer Lift Station Upgrades SCOPE OF SERVICES Olsson hereby agrees to provide the following services (“Scope of Services”) to the City of Fayetteville (“Client”) for the Project: PHASE 100 PROJECT ADMINISTRATION Project Management Project management includes coordination of the various disciplines that have involvement in the project, tracking work completion, maintenance of project schedule, billings, and miscellaneous communication with the Client and internal staff. Project Kickoff Meeting Olsson will schedule and attend an in-person project kickoff meeting with the Client. The purpose of the meeting will be to establish the project chain of communication, discuss and clarify the Scope of Services, and finalize the project schedule. Olsson will make a formal data request at the kickoff meeting to identify additional information from the Client to complete the project. The information request is anticipated to include, but is not limited to, the following: • Existing Pump Data for Elkins Lift Station • Existing Pump Data for Mally Wagnon Lift Station • Shop Drawing information for Mally Wagnon Lift Station mechanical and electrical equipment • Previous Inspection Reports • Facility Plans Suite 310 / 3537 North Steele Blvd. / Fayetteville, AR 72703 o 479.443.3404 / f 479.443.4340 / olsson.com Olsson will provide the Meeting Agenda and generate and distribute meeting minutes within two days of the meeting’s conclusion. Monthly Progress Meetings Olsson will schedule monthly in-person progress meetings involving its project staff and the Client’s personnel. The purpose of these meetings will be to keep all parties informed concerning project status and to provide an opportunity to exchange information. Olsson will provide the Meeting Agenda and generate and distribute meeting minutes within two days of the meeting’s conclusion. PHASE 200 PRELIMINARY DESIGN Project Site Visit Olsson personnel shall visit site to conduct inspection of existing mechanical, structural, and electrical systems. Engineers will discuss with Operations and Maintenance personnel the normal operating schedules and procedures for the equipment to be upgraded. Data Collection Olsson will r eview current and past studies, design memorandums and reports, contract record drawings, approved shop drawings, and other related documents associated with the Elkins Lift Station that is operated by the City of Elkins, AR and for the Mally Wagnon Lift Station operated by the City of Fayetteville, AR. Collect field data to verify dimensions, operating characteristics, and physical condition of equipment, structures, and electrical systems. Design Analysis Olsson will analyze collected data to determine current and future pumping capacity requirements. Develop a list of potential improvements that could be implemented to meet these requirements. Develop conceptual cost estimates for the potential improvements an d provide upgrade recommendation to the City of Fayetteville. Preliminary Engineering Report Compile results from research and analysis activities into a Preliminary Engineering Report that will be submitted to the Client for review. Preliminary Engineering Report will follow report requirements of Recommended Standards for Wastewater Facilities Suite 310 / 3537 North Steele Blvd. / Fayetteville, AR 72703 o 479.443.3404 / f 479.443.4340 / olsson.com (10 state standards) issued by Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers as required by Arkansas Department of Health. Quality Control Review Olsson will conduct an internal quality control review of the Preliminary Engineering Report before it is forwarded to the Client for review. Review Meeting and Follow Up Olsson will schedule and attend a review meeting with the Client to discuss the Preliminary Engineering Report. Olsson will provide the Meeting Agenda and generate and distribute meeting minutes within one week of the meeting’s conclusion. The Preliminary Engineering Report will be revised in accordance with agreements reached at the review meeting and a revised final draft will be submitted. PHASE 300 DETAILED DESIGN Detailed Design services are not included. These services are additional and shall be addressed by a Contract Amendment if requested. PHASE 400 BIDDING SERVICES Bidding Services are not included. These services are additional and shall be addressed by a Contract Amendment if requested. PHASE 500 ENGINEERING CONSTRUCTION ADMINISTRATION Services for Engineering Construction Administration are not included. These services are additional and shall be addressed by a Contract Amendment if requested. PHASE 600 CONSTRUCTION OBSERVATION AND TESTING SERVICES Construction Observation and Testing Services are not included. These services are additional and shall be addressed by a Contract Amendment if requested. PROJECT SCHEDULE • Water, Sewer Committee: Tuesday, May 14, 2024 • Council Approval: Tuesday, June 4, 2024 • Kickoff Meeting: Wednesday, June 12, 2024 • Draft Preliminary Engineering Report 60 Days Suite 310 / 3537 North Steele Blvd. / Fayetteville, AR 72703 o 479.443.3404 / f 479.443.4340 / olsson.com • Client Review 14 Days • Final Preliminary Engineering Report 7 Days COMPENSATION Client shall pay to Olsson for the performance of the Scope of Services, the actual hourly labor rates of personnel performing such services on the project times a factor of 3.20, and all actual reimbursable expenses in accordance with the Reimbursable Expense Schedule attached to this agreement. Olsson shall submit invoices monthly, and payment is due within 30 calendar days of invoice date. Olsson’s Scope of Services will be provided on a time-and-expense basis not to exceed $45,000.00. ADDITIONAL SERVICES Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client’s prior written approval. Optional Additional Services shall include, but not be limited to, the following: • Detailed design services • Bidding services • Construction testing, administration, and observation services Olsson agrees to provide its services in a timely, competent, and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. EXCLUSIONS AND LIMITATIONS This Scope of Services is limited to the items listed in the Tasks above. Excluded services include: For this project the analysis shall commence with the introduction of flow into the Mally Wagnon Lift Station wet well and shall conclude at the point where the force main discharges into the 36” and 42” gravity service lines. Analysis of the capacity of these gravity sewer lines is not included within this Scope of Services. Description Range Principal $140.00 -$463.00 Project Manager $129.00 -$274.00 Project Professional $95.00 -$242.00 Assistant Professional $71.00 -$178.00 Designer $90.00 -$216.00 CAD Operator $59.00 -$137.00 Administrative/Clerical $47.00 -$206.00 Survey $56.00 -$210.00 * Construction Services $49.00 -$279.00 * 1. 2. Olsson 2024 Billing Rate Schedule Note: Special Services not included in above categories will be provided on a Special Labor Rate Schedule Rates subject to change based upon updates to Billing Rates for upcoming year. Eff. 01/2023 Eff. 01/2024 Page 1 of 1 REIMBURSABLE EXPENSE SCHEDULE The expenses incurred by Olsson or Olsson's independent professional associates or consultants directly or indirectly in connection with the Project shall be included in periodic billing as follows: Classification Cost Automobiles (Personal Vehicle) $0.67/mile* Suburban’s and Pick-Ups $0.75/mile* Automobiles (Olsson Vehicle) $95.00/day Other Travel or Lodging Cost Actual Cost Meals Actual Cost Printing and Duplication including Mylars and Linens In-House Actual Cost Outside Actual Cost+10% Postage & Shipping Charges for Project Related Materials including Express Mail and Special Delivery Actual Cost Film and Photo Developing Actual Cost+10% Telephone and Fax Transmissions Actual Cost+10% Miscellaneous Materials & Supplies Applicable to this Project Actual Cost+10% Copies of Deeds, Easements or other Project Related Documents Actual Cost+10% Fees for Applications or Permits Actual Cost+10% Sub-Consultants Actual Cost+10% Taxes Levied on Services and Reimbursable Expenses Actual Cost *Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change).