HomeMy WebLinkAbout256-24 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 256-24
File Number: 2024-548
OLSSON, INC. (RAILROAD CROSSING ELIMINATION STUDY AGREEMENT):
A RESOLUTION TO APPROVE AN ENGINEERING SERVICES AGREEMENT IN THE AMOUNT OF
$720,000.00 WITH OLSSON, INC. PURSUANT TO RFQ 24-10 FOR THE RAILROAD CROSSING
ELIMINATION STUDY, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the Cities of Fayetteville and Springdale, in collaboration with the Arkansas & Missouri Railroad, were
awarded a 2022 Railroad Crossing Elimination Grant in the amount of $576,000.00 to conduct planning activities to
scope improvement projects at various at-grade crossings, to improve mobility, and to enhance safety for the area; and
WHEREAS, the application requesting funding for a grant to plan improvements at various crossings between the
University Avenue crossing in Fayetteville to the Apple Blossom Avenue crossing in Springdale; and
WHEREAS, on January 2, 2024, the City Council approved Resolution 1-24 entering into an agreement for the three
parties; and
WHEREAS, on June 4, 2024, the City Council approved Resolution 148-24 accepting the grant; and
WHEREAS, a separate contract between the City of Fayetteville and the City of Springdale will be presented at a later
date to cost share the local matching funds with the City of Springdale.
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 $720,000.00 with Olsson, Inc. pursuant to RFQ 24-10 for the Railroad
Crossing Elimination Study.
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 October 15, 2024
Resolution: 256-24
File Number: 2024-548
Approved: Attest:
Page2
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-548
MEETING OF OCTOBER 15, 2024
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
Susan Norton, Chief of Staff
FROM: Matt Casey, Engineering Design Manager
SUBJECT: A Resolution approving an agreement with Olsson, Inc. for the Railroad Crossing
Elimination Study and approval of a budget adjustment
RECOMMENDATION:
Staff recommends a resolution approving an agreement with Olsson, Inc. in the amount of $720,000 for the
Railroad Crossing Elimination Study and approval of a budget adjustment.
BACKGROUND:
The Cities of Fayetteville and Springdale, in collaboration with the Arkansas & Missouri Railroad, were
awarded a 2022 Railroad Crossing Elimination Grant in the amount of $576,000 to conduct planning activities
to scope improvement projects at various at-grade crossings to improve mobility and enhance safety for the
area. The application requested funding for a grant to plan improvements at various crossings between the
University Avenue crossing in Fayetteville to the Apple Blossom Avenue crossing in Springdale.
The pursuit of funds for railroad crossing safety stemmed from the addition of two new crossings near the
Fulbright Expressway and associated contractual obligations of the City to close and/or improve the safety of
existing crossings.
The following crossings were covered in the application:
Fayetteville:
• University Avenue - possible closure and replacement with bike/ped grade separation (closure of this location
is required as part of the new crossing at Shiloh Street).
• Dickson Street - possible improvements to allow a quiet zone
• Frisco Avenue - safety and geometric improvements
• Jocelyn Lane - possible closure (closure of this location is required as part of the new crossing at Futrall
Drive)
Springdale:
• Shady Grove Road - possible safety and drainage improvements)
• Sunset Avenue - possible safety improvements and realignment of adjacent intersections
• Randall Wobbe Drive - possible replacement with grade separation
• Apple Blossom Drive - possible safety improvements
Each location will be evaluated for criteria such as safety, environmental impact, economic impact and
multimodal impact.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
After the notification of the award of this grant, staff from the City of Fayetteville, City of Springdale and the
Railroad met with the Federal Railroad Administration (FRA) and identified the steps necessary to move
towards the obligation of the funds. The first step was for the three parties to enter into an agreement for the
administration of this grant. This agreement was approved at the January 2, 2024, City Council Meeting. The
second step was the acceptance of the grant by the City of Fayetteville. The resolution accepting the grant
was approved at the June 4, 2024, City Council Meeting. The next step is a contract with an engineering firm
to perform the study.
DISCUSSION:
After the award of this grant, a selection committee selected Olsson, Inc to perform this study (RFQ-24-10).
Staff has worked with Olsson to prepare this agreement in the amount of $720,000.00. A separate contract
between the City of Fayetteville and the City of Springdale will be presented to the City Council at a later date
to cost share the local matching funds ($144,000) with the City of Springdale. The City of Fayetteville’s share
will be up to $62,400.00. The City of Springdale’s share will be up to $81,600.00.
BUDGET/STAFF IMPACT:
The local matching funds for the City of Fayetteville ($62,400.00) will be paid for from 2022 Transportation
Bond Funds. The remainder of the contract cost will be covered by the FRA Grant and the City of Springdale.
ATTACHMENTS: SRF (#3), BA (#4), NWA Rail Corridor Safety Study Contract (#5)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-548
A Resolution approving an agreement with Olsson, Inc. for the Railroad Crossing Elimination
Study and approval of a budget adjustment
A RESOLUTION TO APPROVE AN ENGINEERING SERVICES AGREEMENT IN THE AMOUNT
OF $720,000.00 WITH OLSSON, INC. PURSUANT TO RFQ 24-10 FOR THE RAILROAD
CROSSING ELIMINATION STUDY, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the Cities of Fayetteville and Springdale, in collaboration with the Arkansas & Missouri
Railroad, were awarded a 2022 Railroad Crossing Elimination Grant in the amount of $576,000.00 to
conduct planning activities to scope improvement projects at various at-grade crossings, to improve
mobility, and to enhance safety for the area; and
WHEREAS, the application requesting funding for a grant to plan improvements at various crossings
between the University Avenue crossing in Fayetteville to the Apple Blossom Avenue crossing in
Springdale; and
WHEREAS, on January 2, 2024, the City Council approved Resolution 1-24 entering into an agreement
for the three parties; and
WHEREAS, on June 4, 2024, the City Council approved Resolution 148-24 accepting the grant; and
WHEREAS, a separate contract between the City of Fayetteville and the City of Springdale will be
presented at a later date to cost share the local matching funds with the City of Springdale.
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 $720,000.00 with Olsson, Inc. pursuant to
RFQ 24-10 for the Railroad Crossing Elimination Study.
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 Staff Review Form
2024-548
Item ID
10/15/2024
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Matt Casey 9/18/2024 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends a resolution for approval of an agreement with Olsson, Inc. in the amount of $720,000 for the
Railroad Crossing Elimination Study and approval of a budget adjustment.
Budget Impact:
4601.860.7220-5860.02
4702.860.7221-5860.02
Bond Program Grant Matching
Street Projects 2022 Bonds
Account Number Fund
46020.7220 Futrall/Shiloh Gregg RR Crossings
Project Number Project Title
Budgeted Item?Yes Total Amended Budget $2,179,280.00
Expenses (Actual+Encum)$1,592,080.93
Available Budget $587,199.07
Does item have a direct cost?Yes Item Cost $720,000.00
Is a Budget Adjustment attached?Yes Budget Adjustment $144,000.00
$166.00 Remaining Budget $11,199.07
V20221130
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year
Requestor:
10/15/2024
2024-548
D - (City Council)
/
TOTAL 81,600 81,600
Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X
4601.860.7220-4420.00 - 81,600 46020 7220 RE Payments by Property Owners - base
4601.860.7220-5860.02 81,600 - 46020 7220 EX Capital Prof Svcs - Engineering/Architectu
4702.860.7999-5899.00 (62,400) - 46020 7999 EX Unallocated - Budget
4702.860.7220-5860.02 62,400 - 46020 7220 EX Capital Prof Svcs - Engineering/Architectu
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
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GLDATE:
Budget Division Date
Holly Black
9/18/2024 1:09 PM
TYPE:
JOURNAL #:
Adjustment Number
2024 Matt Casey
ENGINEERING (621)Division
/Org2
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
v.2024826
RESOLUTION/ORDINANCE
Increase / (Decrease)Project.Sub#
Staff recommends a resolution for approval of an agreement with Olsson, Inc. in the amount of $720,000 for the
Railroad Crossing Elimination Study.
COUNCIL DATE:
CHKD/POSTED:
ITEM ID#:
G:\Divs\Engineering\Engineering Design Services\Projects\BOND PROGRAM\2019 Bond Program\RR Xing Elimination
Program\Council and Committee Items\Olsson Study Contract\BA Olsson RR Xing Elim Study 1 of 1
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
•
And
OLSSON INC.
NORTHWEST ARKANSAS RAIL CORRIDOR SAFETY STUDY
THIS AGREEMENT is made as of 1 Ve)eY 'S , 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.
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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 Engineering Design Manager is the CITY OF FAYETTEVILLE’s project representative
with respect to the services to be performed under this Agreement. The Engineering Design
Manager 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 $720,000.00. 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
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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
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.
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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 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.
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,
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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
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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
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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 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.
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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
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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.
[N WITNESS WHEREOF , CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENG[NEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
OLSSON, rNC .
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERV[CES
1
ATTACHMENT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE
NORTHWEST ARKANSAS RAIL CORRIDOR SAFETY STUDY
The purpose of this scope of work is to provide planning and conceptual engineering for eight Arkansas &
Missouri Railroad (AMRR) at-grade street crossings along a 14-mile corridor in the Cities of Springdale and
Fayetteville. The study's outcome will be to improve safety along the rail corridor by identifying feasible
projects with specific recommendations including crossing closures, grade separations, and/or improving
safety devices. The eight street crossings included in the study are Apple Blossom Avenue (DOT #667-
156T), Randall Wobbe Lane (DOT #667-159N), Sunset Avenue (DOT #667-174R), Shady Grove Road (DOT
#667-180U), Jocelyn Lane (DOT #667-187S), Frisco Avenue (DOT #667-192N), Dickson Street (DOT #667-
195J), and University Avenue (DOT #667-200D). Olsson (“Engineer”) was hired to provide the planning
and conceptual engineering for this project.
SCOPE OF WORK
1) Project Management & Coordination
This task will include general project management coordination, and reporting activities. It will
include correspondence and meetings with the City of Fayetteville, the City of Springdale,
Arkansas & Missouri Railroad (AMRR), and the Federal Railroad Administration (FRA).
Task 1.1 - General Project Management
• Engineer will initiate and attend kick-off meeting
• Engineer will review information provided by the Cities, the FRA, and AMRR
• Engineer will provide meeting notes on an as-needed basis
• Engineer will develop and provide a Smartsheet to share information core
stakeholders
Task 1.2 - Project Management Plan
• Engineer will provide a Project Management Plan
Task 1.3 – Core Stakeholder Coordination Meetings
• Engineer will coordinate and attend core stakeholder meetings
Task 1.4 - FRA Coordination Meetings
• Engineer will provide monthly updates during coordination meetings
Task 1.5 – FRA Reporting
• Engineer will provide FRA quarterly progress reports
• Engineer will provide a Final Performance Report
Deliverables: Meeting notes, Project Management Plan, Monthly and Quarterly progress reports,
Final SF-425 (GrantSolutions), Final Performance Report Form 33.
2
2) Purpose & Need Statement and Stakeholder Coordination Plan
This task will include development of the Preliminary Purpose & Need statement, which will serve
as the foundation for the Alternative Analysis and be open for public comment as part of the NEPA
process.
Task 2.1 - Preliminary Purpose & Need Statement
• Engineer will develop a Preliminary Purpose & Need Statement
Task 2.2 - Stakeholder Coordination Plan
• Engineer will develop a detailed Stakeholder Coordination Plan that contains the
following:
o Identification of stakeholders to engage
o Identification of relevant agencies to engage
o Identification of engagement activities as noted in Task 2.3
Task 2.3 - Stakeholder & Public Engagement
• Engineer will conduct four (4) in-person Public Engagement Meetings. Engineer
will provide:
o Fact Sheet
o Two (2) Project Location Map foam boards
o One (1) Concept Map for each crossing alternative
o Project Comment Cards
o Translation of printed materials in Spanish and Marshallese
• Engineer will lead up to six (6) stakeholder interviews and/or small group
meetings across Fayetteville and Springdale with the Cities. Engineer will
provide:
o Invitations
o Agendas
o Facilitation
o Follow-ups and Summaries
• Engineer will lead content development for outreach and engagement with the
Cities that will consist of:
o Two (2) public surveys
o Four (4) Stakeholder emails (two (2) per City)
o Four (4) Mailings (two (2) per City)
o Four (4) Press Releases (two (2) per City)
o Four (4) Presentations (two (2) per City)
o Four (4) Website content updates (two (2) per City)
o Coordination with local communication outlets as required
• Engineer will provide recommended actions following project completion for
continued engagement with community and Stakeholders as a part of final
documentation.
Deliverables: Preliminary Purpose & Need Statement, Stakeholder Coordination Plan, Public
Engagement Meeting Materials, and Public Engagement Meeting Summaries
3
3) Alternatives Analysis
This task includes preparation of reasonable alternatives to carry forward into future project
development phases.
Task 3.1 - Alternatives Analysis Methodology Memo
• Engineer will provide a memorandum detailing the alternatives analysis
methodologies, analytical tools, performance measures, and study areas for each
crossing that will be utilized in Task 3.2
Task 3.2 – Existing Conditions
• Engineer will evaluate existing conditions. The following activities will be conducted:
o Review existing and planned capital projects and maintenance activities
from cities, AMRR, and NWARPC that may impact crossings
o Collect and review traffic data at the crossing sites, including trains
▪ Train counts will be collected for a 7-day period
▪ Traffic (autos/peds/bikes) counts will be collected for a 24-hour
period
▪ Video will be included
o Review FRA crossing inventory and safety data
o Review train operation data from AMRR
o Perform diagnostic team reviews, detailing roadway crossing characteristics
and other relevant characteristics
o Documentation
Task 3.3 - Transportation Technical Analysis
• Engineer will provide the following activities:
o Develop traffic future year forecasts for analysis
o Evaluate traffic operations for current and future conditions for typical AM
and PM peak hour conditions for each alternative, including no-build
o Calculate travel delays, frequency, and duration of blocked crossings
o Documentation
Task 3.4 - Conceptual Engineering
• Engineer will provide conceptual engineering plans for each build alternative. The
conceptual engineering will assess the physical feasibility and general
constructability of design alternatives, including consideration of potential
construction phasing and continuity of operations during the construction period.
o University Avenue – three build alternatives that include trail grade-
separation
o Dickson Street – one build alternative that includes quad gates
o Frisco Avenue – three build alternatives that include at-grade crossing
improvements
o Jocelyn Lane – one build alternative that includes crossing closure
o Shady Grove Road – one build alternative that includes drainage
improvements with at-grade traffic control improvements
4
o Sunset Avenue – three build alternatives that include at-grade crossing
improvements
o Randall Wobbe Lane – three build alternatives that include roadway grade-
separation
o Apple Blossom Avenue – one build alternative that includes at-grade traffic
control improvements
o Concept deliverables will be provided in PDF format for review
o Concept exhibits will be provided in PDF and hard-copy format for public
consumption and meetings
Task 3.5 - Preliminary Environmental Impact Analysis
• Engineer will perform a desktop review to compile an environmental resource
inventory that consists of:
o US Census Bureau’s socioeconomic data including elderly, minority, and
populations below the poverty level
o Previously recorded archaeological/cultural sites
o Human environment/Built environment
o Sites with documented, or a high probability of, hazardous material
contamination
o Waters and special aquatic sites
o Threatened & Endangered species known to have been recorded in the
applicable counties
• Engineer will provide a single environmental overview report covering all eight (8)
crossing sites
Task 3.6 - Capital Cost Estimates
• Engineer will provide total cost estimates for each feasible alternative that is
identified from Task 3.4.
o Total cost estimates will include a breakdown for project development,
construction, and construction engineering and inspection
o Inflation factors will be applied to account for future activities
o Contingencies will be applied to account for risk
o Qualitative assessments will be provided for identified risk factors
Task 3.7 - Final Documentation
• Engineer will provide a final report that summarizes the findings of Tasks 2 and 3.
The document will be an executive summary style that is intended to be publicly
consumable, with references to reports and summaries from Tasks 2 and 3.
Deliverables: Alternatives Analysis Methodology Memo, Existing Conditions Report,
Transportation Technical Analysis Report, Conceptual engineering plans, Preliminary
Environmental Impact Analysis, Capital Cost Estimates, and Final Report
Summary of Deliverables
• Meeting notes
• Detailed Project Work Plan, Budget, & Schedule
• Project Management Plan
• Monthly and quarterly progress reports
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• Final SF-425 (GrantSolutions)
• Final Performance Report Form 33
• Approved Purpose & Need Statement
• Approved Stakeholder Coordination Plan
• Public Engagement Meeting Materials
• Public Engagement Meeting Summaries
• Alternatives Analysis Methodology Memo
• Existing Conditions Report
• Transportation Technical Analysis Report
• Conceptual Engineering Plans
• Cost Estimates
• Final Report
SPECIAL CONDITIONS OF THE WORK
All work performed by Engineer will comply with all applicable Federal, State, and local laws, regulations,
and ordinances.
Coordination meetings will be conducted on an as needed basis. These meetings will include the Engineer,
the Cities, the FRA, and others, as appropriate. Engineer will schedule these meetings with the Cities and
the FRA’s concurrence, and compile and distribute meeting minutes, as required.
FRA required work products will be consistent with the guidance provided in the FRA Guidance on
Development and Implementation of Railroad Capital Projects dated January 11, 2023.
ASSUMPTIONS & EXCLUSIONS
• Assumptions for stakeholder engagement:
o City hosts content on City websites
• Assumptions for technical analysis:
o Existing travel demand model from NWARPC will be utilized as needed
• Exclusions for technical analysis:
o Microsimulation VISSIM modeling
o Travel demand modeling
• Assumptions for conceptual engineering:
o Existing GIS data will be utilized for conceptual design
o AutoCAD will be used
o Modeling for Randall Wobbe Lane, Frisco Avenue, and University Avenue locations
• Exclusions for conceptual engineering:
o Survey
o Geotechnical investigations
o Potholing
o Detailed design
• Assumptions for environmental work:
o Engineer will complete all work through desktop review
o Engineer will perform cultural review through publicly available data sources
• Exclusions for environmental work:
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o Participation in agency consultations regarding environmental assessments or impacts
o Participation in Class I or Class III cultural surveys
• Exclusions for cost estimates:
o Detailed quantities
COMPENSATION
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 $720,000. A
summary of fees broken down by phase is provided below:
• Project Management & Coordination $108,142
• Purpose & Need Statement and Stakeholder Coordination Plan $90,690
• Alternatives Analysis $497,702
• Reimbursable Expenses $23,466
TOTAL $720,000
PROJECT SCHEDULE & DELIVERABLES
NWA RAIL CORRIDOR SAFETY STUDY
Notice to Proceed
Project Management Plan
Core Stakeholder Coordination Meetings
FRA Coordination Meetings
Preliminary Purpose & Need Statement
Stakeholder Coordination Plan
Stakeholder & Public Engagement*Public Engagement Meetings Public Engagement Meetings
Alternatives Analysis Methodology Memo
Existing Conditions**
Transportation Technical Analysis
Conceptual Engineering
Preliminary Environmental Impact Analysis
Capital Cost Estimates
Final Documentation
Project Closeout
Activity led by Consultant
Activity led by Core Stakeholders
Activity led by FRA
*Targeted stakeholder interviews and small group meetings conducted as needed
**Includes traffic counts and diagnostic team reviews
Feb Mar Apr
2026
Nov Dec
2025
JanJune July August Sep OctFeb Apr MayMarJanProject Task Oct Nov Dec
2024
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).
