HomeMy WebLinkAbout234-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 234-24
File Number: 2024-506
OLSSON, INC. (SERVICE CONTRACT):
RESOLUTION TO AWARD RFQ #24-01 SELECTION #7 AND APPROVE A CONTRACT WITH OLSSON IN AN
AMOUNT NOT TO EXCEED $45,000.00 FOR GRANT WRITING SERVICES FOR AN EPA COMMUNITY
CHANGE GRANT, AND TO AUTHORIZE THE MAYOR TO APPLY FOR AND ACCEPT THE GRANT
WHEREAS, Olsson was selected to develop grant planning, monitoring, and strategy tools for the City, which
included review of existing capital plans to identify priority projects that may be eligible for grant programs and
developing a strategy to fund priority projects; and
WHEREAS, during development of the strategy and prioritization document, the EPA Community Change Grant was
identified as a fit for improvements in and around Lake Fayetteville and the need for these improvements has been
identified in multiple studies; and
WHEREAS, activities that may be eligible to be funded by this grant include improvements to the spillway, water
quality improvements in the lake and upstream watershed, trail improvements, and improvements to the docks and
marina areas.
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 awards RFQ #24-01 Selection #7 and
authorizes Mayor Jordan to sign a contract with Olsson in an amount not to exceed $45,000.00 for grant writing
services for an EPA Community Change Grant.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to apply for the
EPA Community Change Grant, to sign a partnership agreement with an appropriate nonprofit organization as required
by the grant, and to execute any other documents required to accept the grant if awarded.
PASSED and APPROVED on September 17, 2024
Page 1
Resolution: 234-24
File Number.' 2024-506
Attest:
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FAYETTEVII •
Kara Paxton, City Clefk TreasurerOF
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 17, 2024
CITY COUNCIL MEMO
2024-506
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
Susan Norton, Chief of Staff
FROM: Matt Casey, Engineering Design Manager
SUBJECT: RFQ 24-01, Selection 7-Contract with Olsson for Grant Writing Services for and EPA
Community Change Grant, and approval to apply for the Grant
RECOMMENDATION:
Staff recommends approval of a contract with Olsson to provide grant writing services on an application for an
EPA Community Change Grant for improvements to Lake Fayetteville, trails surrounding the Lake, and
upstream watershed improvements.
Staff also recommends approval of the Mayor to take all actions necessary to apply for the grant, including
executing agreements with partners per grant requirements.
BACKGROUND:
Olsson was selected to develop grant planning, monitoring, and strategy tools for the city. This project
included a review of existing capital plans to identify priority projects that may be eligible for grant programs,
and development of a strategy to fund priority projects.
During development of the strategy and prioritization document, the EPA Community Change Grant, for which
applications are currently being accepted, was identified as a fit for improvements in and around Lake
Fayetteville. The need for these improvements has been identified in multiple studies. Two separate studies
completed recently have identified the need for:
1. Improvements to the spillway, to meet permitting requirements and reduce the risk of dam failure.
2. Water quality improvements in the lake itself and in the upstream watershed, to improve water quality in
the lake and to prevent sediment and associated nutrients from entering the lake.
In addition to these items, trail improvements and improvements to the docks and marina areas have been
identified as potential eligible activities to be funded by this grant.
The EPA Community Change Grant has no match requirement and has a rolling application period that is open
until November 21, 2024.
DISCUSSION:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Olsson's work under this contract will include:
• Review the Notice of Funding Opportunity (NOFO)
• Confirm project components to be included in proposal
• Confirm City's key points of contact for identified project components
• Confirm required community -based nonprofit partnership(s) and point of contact
• Identify key individuals/organizations for letters of support/engagement
• Develop a complete Track I application in compliance with Section IV.B of the Notice of Funding
Opportunity, including:
1. Executive Summary
2. Project Workplan
3. Project Budget
4. Partnership Agreement(s)
5. Project Area Map
6. Community Engagement and Collaborative Governance Plan
7. Community Strength Plan
8. Readiness Approach
9. Compliance Plan
10. Develop letter of support template(s)
11. Coordinate with partners on proposal elements related to the stream, riparian, prairie, and
wetland restoration outside of the Lake Fayetteville area
Secondly, a partnership agreement with a non-profit is a requirement of a grant; approval for the Mayor to sign
this and any other necessary agreements or take any other actions to meet grant application requirements is
also requested.
BUDGET/STAFF IMPACT:
Funds for this contract will be taken from the Lake Fayetteville Contractual Services project in the Sales Tax
Capital Improvement Fund.
ATTACHMENTS: SRF (#3), EPACC Grant Writing Contract (#4), Lake Fayetteville Components (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-506
RFQ 24-01, Selection 7-Contract with Olsson for Grant Writing Services for and EPA Community
Change Grant, and approval to apply for the Grant
RESOLUTION TO AWARD RFQ #24-01 SELECTION #7 AND APPROVE A CONTRACT WITH
OLSSON IN AN AMOUNT NOT TO EXCEED $45,000.00 FOR GRANT WRITING SERVICES FOR
AN EPA COMMUNITY CHANGE GRANT, AND TO AUTHORIZE THE MAYOR TO APPLY FOR
AND ACCEPT THE GRANT
WHEREAS, Olsson was selected to develop grant planning, monitoring, and strategy tools for the City,
which included review of existing capital plans to identify priority projects that may be eligible for grant
programs and developing a strategy to fund priority projects; and
WHEREAS, during development of the strategy and prioritization document, the EPA Community
Change Grant was identified as a fit for improvements in and around Lake Fayetteville and the need for
these improvements has been identified in multiple studies; and
WHEREAS, activities that may be eligible to be funded by this grant include improvements to the
spillway, water quality improvements in the lake and upstream watershed, trail improvements, and
improvements to the docks and marina areas.
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 awards RFQ #24-01
Selection #7 and authorizes Mayor Jordan to sign a contract with Olsson in an amount not to exceed
$45,000.00 for grant writing services for an EPA Community Change Grant.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to apply for the EPA Community Change Grant, to sign a partnership agreement with an appropriate
nonprofit organization as required by the grant, and to execute any other documents required to accept
the grant if awarded.
Page 1
City of Fayetteville Staff Review Form
2024-506
Item ID
9/17/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Casey 8/29/2024 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a contract with Olsson to provide grant writing services on an application for an EPA
Community Change Grant for improvements to Lake Fayetteville, trails surrounding the Lake, and upstream
watershed improvements.
Staff also recommends approval of the Mayor to take all actions necessary to apply for the grant, including
executing agreements with partners per grant requirements
Budget Impact:
4470.090.8900-5315.00
Sales Tax Capital Improvement Fund
Account Number
Fund
23005.1
Lake Fayetteville Water Quality Improvements
Project Number
Project Title
Budgeted Item? Yes
Total Amended Budget
$ 500,000.00
Expenses (Actual+Encum)
$ -
Available Budget
$ 500,000.00
Does item have a direct cost? Yes
Item Cost
$ 45,000.00
Is a Budget Adjustment attached? No
Budget Adjustment
$ -
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget 455,000.00
V20221130
Previous Ordinance or Resolution #
Approval Date:
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
OLSSON INC.
EPACC GRANT WRITING
THIS AGREEMENT is made as of September 17 , 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.
24-08-28 EPACC Grant Writing Contract
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 The Public Works Director is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The Public Works Director
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.
3.1.6 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 a Unit Price or Lump Sum basis as
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
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
24-08-28 EPACC Grant Writing Contract 2
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.
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:
Tyne of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
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.
24-08-28 EPACC Grant Writing Contract
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 effected unless the
other parry 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.
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,
24-08-28 EPACC Grant Writing Contract 4
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected 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 effected by ENGINEER, or if termination for convenience is
effected 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.
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
24-08-28 EPACC Grant Writing Contract 5
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
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
24-08-28 EPACC Grant Writing Contract 6
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
parry at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
3537 N. Steele Blvd, Suite 310
Fayetteville, Arkansas 72703
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.
24-08-28 EPACC Grant Writing Contract 7
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, counter -claims, 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.
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
24-08-28 EPACC Grant Writing Contract g
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
24-08-28 EPACC Grant Writing Contract 9
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 of Information 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.
7.6.2 Pursuant to Ark. Code Ann. § 25-19-105(b)(20), the personal information of City water
system customers must be treated as confidential information and shall not be made available
for inspection except by ENGINEER'S employees as required to fulfill the terms of this
agreement.
24-08-28 EPACC Grant Writing Contract 10
IN 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.
OLSSON, INC.
By B. jt4'j
or, Lio eld Jor ii►�r��� Brad B. Hammond, P.E.
Try
ATTEST- bi Y pF-s<�''�.
By: _ V1LL� ; Tiie: Vice President/Local Area Leader
City Clerk Treasurer, Kara Paxton =kA TA
•��
�I ` •�
of
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
24-08-28 EPACC Grant Writing Contract I I
AopendixA
Environmental Protection Agency [EPA]
Inflation Reduction Act Community
Change Grant Writing
Funding Opportunity Number: EPA-R-OEJECR-OCS-23-04
Assistance List Number: 66.616
Scope of Work for Grant Writing
Project Management
• Project Start Date — September 18
• Project End Date — November 15
Grant Writing Kickoff Workshop
Objective: To align project stakeholders on objectives and approach for a Track I application to
the EPA's Community Change Grant Program for Lake Fayetteville water quality, watershed
and stream restoration, and associated multi -modal transportation projects.
SCOpBOfJ ON[
1-Hour Kick-off Meeting — Date To Be Determined
• Review EPA Community Change Notice of Funding Opportunity (NOFO)
• Confirm project components to be included in proposal
• Confirm City's key points of contact for identified project components
• Confirm required community -based nonprofit partnership(s) and point of contact
• Identify key individuals/organizations for letters of support/engagement
• Review and confirm proposal development timeline
Grant Writing
EPA Community Change Proposal Development
Objective: To develop a complete proposal for the EPA's Inflation Reduction Act Community
Change Grant.
Communication and Project Management:
302 E. Millsap Road / Fayetteville, AR 72703
0 479.443.3404 / olsson.com
• Bi-weekly check -in with City's project lead(s) following initial kick-off meeting. Schedule:
o September 25
o October 9
o October 23
o November 6
Proposal Development:
Develop complete Track I application in compliance with Section IV.B of the Notice of
Funding Opportunity, including:
o Executive Summary
o Project Workplan'
o Project Budget2
o Required Attachments
■ Partnership Agreement
■ Project Area Map
■ Community Engagement and Collaborative Governance Plan
■ Community Strength Plan
■ Readiness Approach
■ Compliance Plan
Develop letter of support template(s)
Coordinate with the Watershed Conservation Resource Center on proposal elements
related to the stream, riparian, prairie, and wetland restoration outside of the Lake
Fayetteville area
Oral Presentation
Applicants for Track I whose applications score well following the written application review will
be invited to participate in an oral presentation with representatives from the EPA. Applicants
have an opportunity to share information about the community -oriented nature of their projects
and how they will successfully implement the grant. Upon notification of selection for an oral
presentation by EPA, Olsson will:
• Develop a 45-minute presentation based on evaluation criteria outlined in Section V of
the NOFO
• Lead one (1) presentation practice session
' Olsson will coordinate with the Watershed Conservation Resource Center on project descriptions and
associated narrative elements (i.e. maps, narrative text, public engagement strategies and results)
relevant to the stream, riparian, prairie, and wetland restoration outside of the Lake Fayetteville area.
Olsson will incorporate these elements into the complete proposal.
2 Olsson will coordinate with the Watershed Conservation Resource Center of budget elements
(engineering and permitting costs, preliminary engineering and design, materials, construction, etc.)
relevant to the proposed stream, riparian, prairie, and wetland restoration projects outside of the Lake
Fayetteville area.
Compensation
Time and Materials, Not to Exceed
Client shall pay to Olsson for the performance of the Scope of Services, the actual time of
personnel performing such services in accordance with the Labor Billing Rate Schedule(s), and
all actual reimbursable expenses in accordance with the Reimbursable Expense Schedule
attached to this agreement. Olsson shall submit invoices on a monthly basis, 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.
Olsson 2024 Billing Rate Schedule
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 *
Note:
1. Special Services not included in above categories will be provided on a
Special Labor Rate Schedule
2. Rates subject to change based upon updates to Billing Rates for
upcoming year.
Eff. 01 /2023
City of
Fayetteville
• 2024 EPA Community
Change Program
• Track I: Community Driven
investments for Change
• $10-20M Request
• Preliminary Proposed
Request $19.53M
•
U.S. Environmental
Protection Agency
Lake Fayetteville -Active Transportation
1. Provide lighting on Razorback Regional Greenway
• Entire north side of Lake, from parking lot to Powell Street in Springdale
• Visionaire Trail Lights— 120 lights @ $5,000 each (installed) = $600,000
2. Replace existing 10' wide asphalt trail with 12' concrete
• Razorback Regional Greenway from North Shore Disc Golf to Powell Street in Springdale
• 6,800 LF @ $200/LF = $1,360,000 (included demo of asphalt and installation)
• Trail section from Razorback Regional Greenway to Botanical Gardens
• 8,200 LF @ $200/LF = $1,640,000 (includes demo of asphalt and installation)
• Trail from Botanical Gardens to Veterans Park (south side of lake)
• 79150 LF @ $200/LF = $1,430,000
• This section is in pretty good shape but if funds could be awarded a concrete trail is preferred.
• Total = $59030,000
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Lake Fayetteville - Lake Components
• Components developed from Spillway
Report and Lake Assessment
1. Alum Treatment
2. Wetland within the Lake Environs
3. Sedimentation Basin
• Subtotal = $7.5 M
4. Spillway Improvements
• Subtotal = $3M
• Total = $10.5M
N
Dried sediment material used
to loan wetland islands in take
Figure 6. Wetland and Channel Construction.
Figure 5. Wetland and Channel Cross-section.
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lake Fayetteville Potential Watershed
long -Term Solutions
olsson
Figure 12 ern=z,000