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HomeMy WebLinkAbout44-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 44-25 File Number: 2025-68 GRANT WRITING & DRAINAGE DESIGN SERVICES (SERVICE CONTRACT): A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ 25-01, IN THE AMOUNT OF $70,900.00 TO PERFORM A DRAINAGE ANALYSIS OF THE HAMESTRING CREEK WATERSHED, AND TO AUTHORIZE THE DEVELOPMENT AND SUBMISSION OF APPLICATIONS FOR STATE AND FEDERAL GRANTS TO ADDRESS FLOODING WHEREAS, on June 6, 2023, City Council approved Resolution 139-23 approving a contract with Freese and Nichols to further research potential options to reduce flooding and aiding in the production of a grant application to seek funds for scoping and implementation of the most feasible solution; and WHEREAS, at that time, the Washington County Hazard Mitigation Plan was being updated and the City was not eligible to apply for grant funds so the remaining funds on the contract were utilized to continue the analysis of options to reduce flooding in the area; and WHEREAS, the proposed drainage analysis would include localized drainage improvements in the area of West Wedington Drive, North Porter Road and West Valley Drive, which could help reduce street flooding and property damage; and WHEREAS, the Washington County Hazard Mitigation Plan has now been approved by FEMA and adopted by the City, which means the City is now eligible for grant funds available through the Arkansas Natural Resources Commission and the Arkansas Department of Emergency Management. 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 Rawn to sign a professional engineering services agreement with Olsson, Inc., pursuant to RFQ 25-01, Selection #3 in the amount of $70,900.00 to perform a drainage analysis of the Hamestring Creek watershed and develop grant applications for funding to address flooding issues in the area. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to submit any grant applications that are identified and developed by Olsson, Inc. to the Federal Emergency Management Agency, the Arkansas Department of Emergency Management, and the Arkansas Natural Resources Division. PASSED and APPROVED on February 4, 2025 Page 1 Resolution: 44-25 File Number: 2025-68 Approved: Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2025 CITY COUNCIL MEMO 2025-68 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of the engineering design services contract in the amount of $70,900 with Olsson to perform a drainage analysis and develop a state and federal grant application for the Hamestring Creek watershed pursuant to RFQ 25-01, selection #3, including authorization for the Mayor to sign and submit the application to the Federal Emergency Management Agency (FEMA) and the Arkansas Department of Emergency Management (ADEM) RECOMMENDATION: Staff recommends approval of the engineering design services contract in the amount of $70,900 with Olsson to perform a drainage analysis and develop a state and federal grant application for the Hamestring Creek watershed pursuant to RFQ 25-01, selection #3, including authorization for the Mayor to sign and submit the application to the Federal Emergency Management Agency (FEMA) and the Arkansas Department of Emergency Management (ADEM) BACKGROUND: Due to continued flooding and in response to the May 2017 flood event, the City Council approved a contract with FTN Associates in May of 2020 in order to research potential solutions to the flooding in the Hamestring repetitive loss area (RLA). This study looked at several options including upstream detention and channel improvements to determine if the flooding could be alleviated. This study ultimately did not yield any feasible results. As a follow up to this initial study, the City Council approved a contract with Freese and Nichols in June of 2023 to further research potential options to reduce flooding. As a portion of this contract, Freese and Nichols were tasked with aiding the in the production of a grant application to seek funds for scoping and ultimately implementation of the most feasible solution. However, the Washington County Hazard Mitigation Plan was in process of being updated and until approved by FEMA and adopted by the City of Fayetteville, the City was not eligible for grant funds. Due to this fact, the remaining funds on the contract were utilized to continue the analysis of options to reduce flooding in the area. Unfortunately, no feasible options to reduce flooding over the watershed have been identified. DISCUSSION: The proposed drainage analysis would include localized drainage improvements in the area of W Wedington Dr, N Porter Road and W Valley Dr. These improvements could help reduce street flooding and property damage. This combined with elevating or purchasing repetitive loss structures would reduce flood losses in the area. The Washington County Hazard Mitigation Plan has recently been approved by FEMA and adopted by the City of Fayetteville making the City eligible for these grant funds. The intent is to submit for both Flood Mitigation Assistance funding with the Arkansas Natural Resources Division and Building Resilient Infrastructure and Communities funding with the Arkansas Department of Emergency Management. Both Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 grants are ultimately submitted to the Federal Emergency Management Agency for review and are nationally competitive. A third grant through ADEM could assist in the installation of any drainage improvements deemed feasible to reduce the flooding. Olsson was chosen as a part of RFQ 25-01, selection #3 to continue the drainage analysis and help write the grant applications. BUDGET/STAFF IMPACT: The total amount of grant funding being requested is anticipated to be approximately $1.5 million. If selected, the City would be responsible for 25% of this amount or $375,000. The sales tax capital improvement would be the proposed source for the matching funds. These funds are not required unless the grant is awarded and approved by Council at the time of award. ATTACHMENTS: SRF (#3) , Hamestring Creek Analysis and Grant Application (#4) 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 #: 2025-68 Approval of the engineering design services contract in the amount of $70,900 with Olsson to perform a drainage analysis and develop a state and federal grant application for the Hamestring Creek watershed pursuant to RFQ 25-01, selection #3, including authorization for the Mayor to sign and submit the application to the Federal Emergency Management Agency (FEMA) and the Arkansas Department of Emergency Management (ADEM) A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ 25-01, IN THE AMOUNT OF $70,900.00 TO PERFORM A DRAINAGE ANALYSIS OF THE HAMESTRING CREEK WATERSHED, AND TO AUTHORIZE THE DEVELOPMENT AND SUBMISSION OF APPLICATIONS FOR STATE AND FEDERAL GRANTS TO ADDRESS FLOODING WHEREAS, on June 6, 2023, City Council approved Resolution 139-23 approving a contract with Freese and Nichols to further research potential options to reduce flooding and aiding in the production of a grant application to seek funds for scoping and implementation of the most feasible solution; and WHEREAS, at that time, the Washington County Hazard Mitigation Plan was being updated and the City was not eligible to apply for grant funds so the remaining funds on the contract were utilized to continue the analysis of options to reduce flooding in the area; and WHEREAS, the proposed drainage analysis would include localized drainage improvements in the area of West Wedington Drive, North Porter Road and West Valley Drive, which could help reduce street flooding and property damage; and WHEREAS, the Washington County Hazard Mitigation Plan has now been approved by FEMA and adopted by the City, which means the City is now eligible for grant funds available through the Arkansas Natural Resources Commission and the Arkansas Department of Emergency Management. 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 Rawn to sign a professional engineering services agreement with Olsson, Inc., pursuant to RFQ 25-01, Selection #3 in the amount of $70,900.00 to perform a drainage analysis of the Hamestring Creek watershed and develop grant applications for funding to address flooding issues in the area. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to submit any grant applications that are identified and developed by Olsson, Inc. to the Federal Page 1 Resolution: 44-25 File Number: 2025-68 Emergency Management Agency, the Arkansas Department of Emergency Management, and the Arkansas Natural Resources Division. Page 2 Chris Brown Submitted By City of Fayetteville Staff Review Form 2025-68 Item ID 2/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/13/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the engineering design services contract in the amount of $70,900 with Olsson to perform a drainage analysis and develop a state and federal grant application for the Hamestring Creek watershed pursuant to RFQ 25-01 including authorization for the Mayor to sign and submit the application to the Federal Emergency Management Agency (FEMA) and the Arkansas Department of Emergency Management (ADEM) 4470.621.8810-5860.02 Account Number 02108.1 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Budget Impact: Sales Tax Capital Improvement Fund Drainage Projects Other Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget $ 474,149.00 $ 474,149.00 $ 70,900.00 403,249.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 164-20; 139-23 Change Order Number: Approval Date: Original Contract Number: Comments: AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON INC. THIS AGREEMENT is made as of Feb. 4 of 2025, 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 supervision 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. Hamestring Creek Drainage Analysis — Professional Engineering Services 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. l .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 City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 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 B. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $70,900. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis described in Appendix C. 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 Hamestring Creek Drainage Analysis — Professional Engineering Services be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: 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 Hamestring Creek Drainage Analysis — Professional Engineering Services ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be 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. Hamestring Creek Drainage Analysis — Professional Engineering Services 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is 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 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 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 parry 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. Hamestring Creek Drainage Analysis — Professional Engineering Services 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require Hamestring Creek Drainage Analysis — Professional Engineering Services 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 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 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 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 Boulevard Ste. 310 Fayetteville, Arkansas 72703 Hamestring Creek Drainage Analysis — Professional Engineering Services 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising Hamestring Creek Drainage Analysis — Professional Engineering Services 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 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 Hamestring Creek Drainage Analysis — Professional Engineering Services 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 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 do everything possible to 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. 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. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Molly Rawn ATTEST: By: ENGINEER Bv: o�-K Lee Beshoner, PE, CFM Title: Group Leader City Clerk Treasurer, Kara Paxton END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Hamestring Creek Drainage Analysis — Professional Engineering Services 10 SCOPE OF SERVICES This exhibit is hereby attached to and made a part of the Letter Agreement for Professional Services dated January 17, 2025, between City of Fayetteville, Arkansas ("Client") and Olsson, Inc. ("Olsson") providing for professional services. Olsson's Scope of Services for the Agreement is indicated below. PROJECT DESCRIPTION AND LOCATION Project will be located at: Along Hamesting Creek, near intersection of W Wedington Drive and N Porter Road, Fayetteville, Arkansas Project Description: Stormwater and Drainage Analysis SCOPE OF SERVICES Olsson shall provide the following services (Scope of Services) to Client for the Project: Phase 100 Design Services Project Management and Administration Olsson shall provide the following services: $5,500.00 • Conduct routine coordination with Client, including monthly invoicing and general coordination calls with Client • Coordination phone calls and up to three meetings with Client to discuss status and/or results of Project. Additional meetings not specifically listed in Scope of Services will be considered as Additional Services. Data Collection Olsson shall provide the following services: $1,800.00 Gather and process publicly available topographic data (e.g., high resolution LiDAR, Client -provided data, et cetera), in conjunction with available topographic survey data from Client from prior studies, if available, in Project area, for use in development of hydrologic and hydraulic models and representation of surface topography. Meet in person with Client to identify and discuss known areas of flooding or concern in Project area. If existing drainage reports or hydrologic and hydraulic modeling are available for Project area, Olsson shall obtain information to determine what data, if any, may be used in current Project. Obtain and utilize existing hydrologic and hydraulic modeling developed as part of previous Project within Hamesting Creek watershed for Project area. Page 1 of 4 Stormwater Analysis and Modeling Olsson shall provide the following services: $10, 500.00 • Develop a 2-Dimensional (2D) hydraulic model for Project area. Hydraulic modeling shall utilize rain -on -grid hydrologic methodology to develop existing conditions peak discharges for 24-hour, 50-, 20-, 10-, 4-, 2-, 1-, and 0.2 percent annual chance events (2-, 5-, 10-, 25- , 50-, 100-, and 500-year events). o This approach allows for application of precipitation directly to topographic surface, which will allow for identification of overland flow paths, locations and extents of possible drainage improvements, and concentrated flooding areas Once hydrologic and hydraulic models have been developed, Olsson shall review draft results with Client to determine reliability of results. Based on meeting with Client, Olsson shall make necessary alterations to modeling, if needed, to better reflect experienced conditions. Analysis includes up to two scenario runs to achieve results like experienced conditions. If additional model development is required, these tasks shall be performed as Additional Services subject to approval by Client. Evaluate up to three conceptual -level improvements relating to potential for reduction in flood elevations, flood risk and floodplain mapping extents in Project area for storm event determined above for post -Project model. Compare with City's input, level of benefit that appears to be achievable for each improvement. Flood risk reduction metrics used to evaluate post -Project model may include but not limited to estimated decrease in flood elevations, reduction in number/depth of flooded structures based on estimated finished floor elevations of structures in inundation area, and reduction in instances/depth of roadway overtopping. Report and Documentation Olsson shall provide the following services: $8,100.00 • Upon completion of stormwater analysis, Olsson shall prepare technical report with supporting documentation for submission to Client, describing methods, procedures, and results determined in analysis. Olsson shall meet with Client to discuss findings in depth. Report will include appendices providing data from modeling needed to complete Federal Emergency Management Agency (FEMA) Benefit Cost Analysis including: o Flood depth reduction at each impacted property for each storm event modeled o Creek flow rate reduction at each impacted property for each storm event modeled o Creek flow line at each impacted property o Flood depth reduction on impacted roadways for each storm event modeled Address up to one set of Client comments within two weeks following receipt. If no comments are received, Olsson shall consider documentation complete. Page 2 of 4 Phase 200 Funding Strategy and Prioritization $45,000.00 Olsson shall provide the following services: • FY2024 Building Resilient Infrastructure and Communities Program (BRIC) o Prepare required application content for BRIC Capability and Capacity Building (DEADLINE for submittal to State per Alan Pugh, PE, CFM) ■ SF-424, SF-424A, SF-424B ■ Scope of Services ■ Justification for Selection of proposed Project ■ Go/No-Go Milestones (PoP 36 months) ■ Itemized Cost estimate based on 75/25 split o Final concepting and alternative planning o Engineering and design of final concept o National Environmental Policy Act (NEPA) requirements o Administrative costs for client up to 10 percent of budget, inclusive of sub applicant management costs (up to five percent) ■ Intergovernmental Review decision ■ Environmental and historic preservation review ■ Benefitting area map ■ Qualitative criteria ■ Technical evaluation criteria o Assess, review, and compile all documentation necessary for application submittal ■ Application content (above) prepared by Olsson ■ Content provided by client (sent to Olsson by [DATE]): o SF-LLL Disclosure of Lobbying Activities o State Hazard mitigation Plan o Attend one debrief meeting with Client after submittal o Prepare Statement of Voluntary Participation for each proposed property to be submitted post -award to FEMA PROJECT TOTAL: $70,900.00 ASSUMPTIONS • Coordination with other local, state or federal agencies that may have a regulatory jurisdiction over Project area, such as Arkansas Natural Resources Division, U.S. Fish and Wildlife, U.S. Army Corps of Engineers, et cetera. unless identified in Project scope specifically. If required, coordination with other agencies shall be performed as Additional Services. • Applications and fees and/or permit applications, drainage reports, or fees for local, state, or federal agencies that may have a regulatory jurisdiction over Project area, unless identified in Project Scope of Services specifically. If required, this activity shall be performed as Additional Services. Page 3 of 4 • Client shall provide adequate access for Olsson to perform site reconnaissance, including all authorizations to enter onto private property • Client shall provide to Olsson copies of available existing drawings and maps (electronic and/or hard copy) to be used to support analyses • Hydrologic and hydraulic analyses will be performed for relevant contributing drainage area of Project area only, with increased detail to be added to Client identified priority areas • Developing design alternatives, plans, bid document assistance, obtaining any permits, or developing other documentation that may be required for construction. These services, if required shall be performed as Additional Services under this agreement, or under a separate, future agreement. EXCLUSIONS • It is not anticipated that survey data will be required for this analysis. If required, necessary survey data will be provided by Client and shall be performed as Additional Services by Olsson personnel. Information shall be certified by a registered Professional Surveyor in State of Arkansas and shall be provided in a Horizontal Datum of NAD83, Arkansas State Plane North Zone (US Survey Foot) and a Vertical Datum of NAVD 88. Should Client request work in addition to Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at standard hourly billing labor rate charged for those employees actually performing work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client's prior written approval. Olsson agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. Page 4 of 4 SrHFni ll F APPENDIX B Schedule and Deliverables Hamestring Creek Drainage Analysis Fayetteville, Arkansas Project Authorization TBD Phase100 Phase 200 Phase 300 Phase 400 Phase 500 All dates are To Be Determined based on notice to proceed date. DELIVERABLES TBD 1 3 MONTHS TBD 1 MONTH TBD 1 MONTH TBD 1 1 MONTH TBD 1 2 MONTHS Summary report describing findings with supporting documentation for submittal to CITY OF FAYETTEVILLE, Arkansas, describing methods used and results determined in analysis. Appendix B — Hamestring Creek Drainage Analysis — Professional Engineering Services APPENDIX C 2025 Billing Rate Schedule AR, KS, MO, NE, OK Classification 2025 Billing Rate $120 Assistant Engineer $90 Assistant Scientist $80 Assistant Technician $135 Associate Engineer $210 Associate Project Manager $115 Associate Scientist $90 Associate Technician $225 Client Manager $275 Client Relationship Manager $135 Design Associate $155 Design Technical Manager $150 Engineer $250 Group Leader $230 Lead Engineer $260 Lead Engineer II $205 Lead Scientist $170 Project Engineer $225 Project Manager $140 Project Planner $150 Project Scientist $125 Scientist $190 Senior Engineer $240 Senior Engineer II $315 Senior Project Manager $155 Senior Scientist $270 Senior Team Leader $110 Senior Technician $70 Student Intern $315 Technical Expert olsson a 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 Automobiles (Personal Vehicle) Suburban's and Pick -Ups Automobiles (Olsson Vehicle) Other Travel or Lodging Cost Meals Printing and Duplication including Mylars and Linens In -House Outside Postage & Shipping Charges for Project Related Materials including Express Mail and Special Delivery Film and Photo Developing Telephone and Fax Transmissions Miscellaneous Materials & Supplies Applicable to this Project Copies of Deeds, Easements or other Project Related Documents Fees for Applications or Permits Sub -Consultants Taxes Levied on Services and Reimbursable Expenses Cost $0.70/mile* $0.75/mile* $95.00/day Actual Cost Actual Cost Actual Cost Actual Cost+10% Actual Cost Actual Cost+10% Actual Cost+10% Actual Cost+10% Actual Cost+10% Actual Cost+10% Actual Cost+10% Actual Cost `Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change). 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