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HomeMy WebLinkAbout134-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 134-25 File Number: 2025-607 A RESOLUTION TO APPROVE AN AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $380,584.50 FOR CONSTRUCTION PHASE SERVICES FOR THE MAPLE STREET PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City and the University of Arkansas have been working together over the past seven years toward a common goal of improving the section of Maple Street from the Razorback Greenway west to Garland Avenue to create a multi-modal street with a focus on the safety of all users; and WHEREAS, on December 4, 2024, City Council approved Resolution 301-24 to accept federal aid funding in the amount of $25,000,000.00 from the U.S. Department of Transportation’s Federal Highway Administration through the Safe Streets and Roads for All (SS4A) program that will support five construction projects with a focus on safety; and WHEREAS, the Maple Street Improvements will be the first of the five projects to begin construction with the goal of starting work when University of Arkansas students are out for the summer in 2025; and WHEREAS, on March 18, 2025, the City Council approved Resolution 76-25 for a contract with Flintco, LLC to provide construction manager-at-risk pre-bidding services for the Maple Street project; and WHEREAS, on May 6, 2025, the City Council approved Resolution 125-22 for Change Order #1 with Flintco, LLC for the Guaranteed Maximum Price for construction of the project; and WHEREAS, this agreement with Olsson, Inc. will cover construction phase services and materials testing. 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 an agreement with Olsson, Inc. in the amount of $380,584.50 for construction phase services for the Maple Street Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Resolution: 134-25 File Number: 2025-607 Page 2 _______________________________ Molly Rawn, Mayor _______________________________ Kara Paxton, City Clerk Treasurer Approved: Attest: PASSED and APPROVED on June 3, 2025 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-607 MEETING OF JUNE 3, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager SUBJECT: OLSSON, INC. (SERVICE CONTRACT): RECOMMENDATION: Staff recommends approval of the agreement with Olsson, Inc. in the amount of $380,584.50 for construction phase services for the Maple Street Project and approval of a budget adjustment, pursuant to RFQ 25-01, Selection #11. BACKGROUND: The City of Fayetteville and the University of Arkansas have been working together over the past seven years toward a common goal of improving the section of Maple Street from the Razorback Greenway west to Garland Avenue. The goal is to create a multi-modal street with a focus on the safety of all users. On March 31, 2020, the Transportation Committee reviewed the Maple Street project and forwarded a recommendation to the City Council to apply for grant funding and to authorize the allocation of 2019 bond funds as matching funds for the project. Committee members expressed support for the vegetation buffer and recommended wider crosswalk striping. On December 4, 2024, Resolution 301-24 was approved to accept federal aid funding in the amount of $25,000,000 from the U.S. Department of Transportation's Federal Highway Administration through the Safe Streets and Roads for All (SS4A) program. This funding will support five construction projects with a focus on safety. The Maple Street Improvements will be the first of the five projects to begin construction, with the goal of starting work when University of Arkansas students are out for the summer in 2025. A Request for Proposals (RFP #24-15) was advertised in late 2024, and qualifications were received from four construction management companies. On February 24, 2025, a selection committee composed of City of Fayetteville staff and non-voting members from the University of Arkansas selected Flintco, LLC, for construction management of the Maple Street Improvements. In March 2025, the City Council approved Resolution 76-25 for a contract with Flintco, LLC, through RFP #24- 15 to provide construction manager-at-risk pre-bidding services for the Maple Street project. These services included working closely with Olsson on phasing plans, traffic control, evaluating optimal construction methods, and bidding the project to establish the Guaranteed Maximum Price (GMP) for construction. On May 6, 2025, the City council approved Change Order #1 with Flintco, LLC for the GMP for construction of this project. Construction is scheduled to begin on May 12, 2025. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov DISCUSSION: The proposed improvements to Maple Street include 2,475 linear feet of new roadway surface, upgraded traffic signals, storm drainage, 8-foot-wide "senior walk" sidewalks on both the north and south sides, and a separated two-way cycle track along the south side extending from the Razorback Greenway to Garland Avenue. Maple Street has been identified as a catalyst project in the Northwest Arkansas Regional Bicycle and Pedestrian Master Plan. Currently, bicycle access to the University of Arkansas campus core and surrounding neighborhoods is limited. The addition of the Maple Street connection will greatly improve trail system accessibility for faculty, staff, students, and visitors. Safety upgrades will include a low vegetation buffer between the cycle track and the roadway. Additionally, enhanced mid-block crosswalks are proposed, featuring decorative pavement markings and passive detection bollards for beacon activation. This agreement with Olsson, Inc. will cover construction phase services and materials testing. Staff has worked with Olsson to develop a scope that will include support for the contractor and city staff as needed throughout the construction of this project. In addition, they will provide as-built plans at the end of the job documenting any field changes made during construction. Olsson has provided a fee in the amount of $380,584.50 for this additional work. The contract will be paid based on hourly rates for work completed, up to the total contract amount. BUDGET/STAFF IMPACT: The City has been awarded Federal funding for this project through the Safe Streets and Roads for All (SS4A) program, as approved by Resolution 301-24. The Maple Street Improvements has $7,500,000 in Federal funding, $2,250,000 in University of Arkansas funding and the 25% local match of $1,250,000 has been budgeted through the 2019 Transportation Street Bond for a total construction budget of $11,000,000. The funds for this agreement are above and beyond the construction budget and will be funded with 75% from the SS4A program and 25% from the Transportation Street Bond Fund. ATTACHMENTS: 3. Staff Review Form, 4. Budget Adjustment, 5. Maple Street CA Estimate, 6. Maple St CA Contract Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-607 A RESOLUTION TO APPROVE AN AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $380,584.50 FOR CONSTRUCTION PHASE SERVICES FOR THE MAPLE STREET PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City and the University of Arkansas have been working together over the past seven years toward a common goal of improving the section of Maple Street from the Razorback Greenway west to Garland Avenue to create a multi-modal street with a focus on the safety of all users; and WHEREAS, on December 4, 2024, City Council approved Resolution 301-24 to accept federal aid funding in the amount of $25,000,000.00 from the U.S. Department of Transportation’s Federal Highway Administration through the Safe Streets and Roads for All (SS4A) program that will support five construction projects with a focus on safety; and WHEREAS, the Maple Street Improvements will be the first of the five projects to begin construction with the goal of starting work when University of Arkansas students are out for the summer in 2025; and WHEREAS, on March 18, 2025, the City Council approved Resolution 76-25 for a contract with Flintco, LLC to provide construction manager-at-risk pre-bidding services for the Maple Street project; and WHEREAS, on May 6, 2025, the City Council approved Resolution 125-22 for Change Order #1 with Flintco, LLC for the Guaranteed Maximum Price for construction of the project; and WHEREAS, this agreement with Olsson, Inc. will cover construction phase services and materials testing. 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 an agreement with Olsson, Inc. in the amount of $380,584.50 for construction phase services for the Maple Street Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. 5/1/2025 Submitted Date Yes -$ 380,584.50$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No Yes 380,586.00$ 1.50$ 46020.7235.9223 / 32401.9223 Project Number Budget Impact: SS4A City Portion W Maple Street / Safe Streets and Roads Grant, W Maple St Fund Street Projects 2022 Bonds / Safe Streets and Roads Grant 4702.860.7235-5860.02 / 2235.900.9223-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2025-607 Item ID 6/3/2025 City Council Meeting Date - Agenda Item Only Staff recommends approval of the agreement with Olsson, Inc. in the amount of $380,584.50 for construction phase services for the Maple Street Project and approval of a budget adjustment. N/A for Non-Agenda Item Action Recommendation: Submitted By Matt Casey ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 ENGINEERING (621)Adjustment Number 2025 Requestor:Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of the agreement with Olsson, Inc. in the amount of $380,584.50 for construction phase services for the Maple Street Project and approval of a budget adjustment. COUNCIL DATE:6/3/2025 ITEM ID#:2025-607 Holly Black 5/15/2025 8:41 AM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.2025411TOTAL-- Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4702.860.7235-5860.02 96,567 -46020 7235.9223 EX Capital Prof Svcs - Engineering/Architectural 2235.900.9223-5860.02 284,019 -32401 9223 EX Capital Prof Svcs - Engineering/Architectural 4702.860.7999-5899.00 (96,597)-46020 7999 EX Unallocated - Budget 2235.900.9220-5899.00 (284,019)-32401 9220 EX Unallocated - Budget -- 4702.860.7221-5805.00 (950,580)-46020 7221.1000 EX Land - Acquisition 4702.860.7999-5899.00 950,610 -46020 7999 EX Unallocated - Budget -- -- -- -- -- -- -- -- -- 1 of 1 Wednesday, April 30, 2025 Total Total Subtotal Manhours Labor Fee Task 1 Construction Administration PM TASKS 80 40 40 160 $37,600 $37,600.00 Preconstruction Meeting and Progress meetings (6 meetings)12 12 12 12 48 $8,400 $8,400.00 Plan Changes for VE, Conformed Set 4 80 8 92 $15,080 $15,080.00 Plan Changes for Change Orders, RFIs, Etc.8 80 16 104 $17,360 $17,360.00 Landscaping Shop Drawings, RFIs, Site Visits, Record Dwg 24 40 64 $9,488 $9,488.00 Structural Shop Drawings, RFIs 2 16 18 $4,372 $4,372.00 Traffic/Signal Shop Drawings, RFIs, Signal Design Change 8 12 36 56 $9,280 $9,280.00 Environmental Permitting Training, RFIs, NEPA Revision 60 60 $7,320 $7,320.00 Water/Wastewater RFIs for Adjustments 4 4 $1,160 $1,160.00 Site Visits, including ADA Pathway Coordination 24 24 48 $10,800 $10,800.00 General Submittals, Questions and Coordination 40 40 80 80 240 $38,000 $38,000.00 Pay Application Review 6 12 18 $3,420 $3,420.00 Final Inspection 4 4 8 $1,720 $1,720.00 Project Closeout 4 4 8 $1,720 $1,720.00 Plans of Record 4 40 44 $7,560 $7,560.00 Surveying (Control/Checks, Plans of Record for Storm Drainage)8 24 32 $5,920 $5,920.00 0 $0 $0.00 0 $0 $0.00 Task 2 Construction Observation 0 $0 $0.00 Pre-Construction Review of Plans, Specs, QTYs 20 10 30 $4,950 $4,950.00 Pre-Construction Meeting and Meeting Prep 2 2 4 $720 $720.00 Project Documentation Set-up 10 5 15 $2,475 $2,475.00 Construction Inspection, Coordination, RFI 20 480 85 585 $86,125 $86,125.00 Post-Construction Phase 20 10 30 $4,950 $4,950.00 0 $0 $0.00 0 $0 $0.00 0 $0 $0.00 0 200 40 16 24 288 172 100 0 152 0 8 24 0 532 112 1668 1668 $278,420 Total Manhours 0 200 40 16 24 288 172 100 0 152 0 8 24 0 532 112 1,668 $278,420 $278,420 Total Labor $0 $58,000 $10,000 $3,792 $4,608 $46,080 $24,080 $12,200 $0 $16,720 $0 $1,360 $4,560 $0 $71,820 $25,200 $278,420 $278,420 Total Expenses $181,400 $18,500 Labor Adjustment for Work performed in Future Years $8,353 Total Not to Exceed Fee Tasks 1 & 2 $305,273 Total Not to Exceed Fee Task 3 (See App A for Itemization)$75,311.50 TOTAL $380,584.10 STAFF HOUR ESTIMATE - CONSTRUCTION ADMINISTRATION AND OBSERVATION SM CA PMST RPR UNIVERSITY OF ARKANSAS - W. MAPLE STREET IMPROVEMENTS Description of Work Items / Tasks SPM PM SE E3 / SR S ADMIN / PA TECH SCE2 / SLA / PS E1 /SD PE / PC ASC E / LA / S AST E AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON INC. W. MAPLE STREET CONSTRUCTION ADMINISTRATION 25-04-28 FY Maple St CA Contract (DRAFT).doc 1 THIS AGREEMENT is made as 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 administration of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE’s professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER’s services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. June 3, 2025 25-04-28 FY Maple St CA Contract (DRAFT).doc 2 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE’s requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER’s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The Public Works Director is the CITY OF FAYETTEVILLE’s project representative with respect to the services to be performed under this Agreement. The Public Works Director shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE’s policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not-to-exceed amount authorized for this Agreement is $380,584.50. 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 25-04-28 FY Maple St CA Contract (DRAFT).doc 3 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. 25-04-28 FY Maple St CA Contract (DRAFT).doc 4 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, 25-04-28 FY Maple St CA Contract (DRAFT).doc 5 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 25-04-28 FY Maple St CA Contract (DRAFT).doc 6 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 25-04-28 FY Maple St CA Contract (DRAFT).doc 7 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. 25-04-28 FY Maple St CA Contract (DRAFT).doc 8 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 25-04-28 FY Maple St CA Contract (DRAFT).doc 9 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 25-04-28 FY Maple St CA Contract (DRAFT).doc 10 FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub-consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 7.6.2 Pursuant to Ark. Code Ann. § 25-19-105(b)(20), the personal information of City water system customers must be treated as confidential information and shall not be made available for inspection except by ENGINEER’S employees as required to fulfill the terms of this agreement. 25-04-28 FY Maple St CA Contract (DRAFT).doc 11 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 OLSSON, INC. By: Brad B. Hammond, P.E. Title: Vice President/Local Area Leader By : Mayor, Molly Rawn ATTEST: By: City Clerk Treasurer END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Appendix A Page 1 of 10 APPENDIX A – SCOPE OF SERVICES W. MAPLE STREET CONSTRUCTION ADMINISTRATION The ENGINEER agrees to perform Construction Administration Services associated with the construction of the W. Maple Street Improvements project. Our understanding for the project is based on the ENGINEER providing Construction Phase Services consisting of Administration and Observation to assist in the construction of the roadway improvements project in Fayetteville, AR. The following scope and associated fee are based on a construction period of six months split into two summers (2025 and 2026.) If the construction period extends beyond six months, an equitable fee adjustment will be provided to ENGINEER through a contract amendment. In the performance of these services, ENGINEER shall not have authority or responsibility to supervise, direct, or control the CONTRACTOR’S work or the CONTRACTOR’S means, methods, techniques, sequences, or procedures of construction. ENGINEER shall not have authority or responsibility for safety precautions and programs incident to the CONTRACTOR’S work or for any failure of the CONTRACTOR to comply with laws, regulations, rules, ordinances, codes or orders applicable to the CONTRACTOR furnishing and performing the work. Specific services to be performed by ENGINEER are as follows: TASK 1 – CONSTRUCTION ADMINISTRATION a. Pre-Construction Conference At the date and time selected by the CITY OF FAYETTEVILLE (hereinafter called OWNER) and at facilities provided by the OWNER, conduct a pre-construction conference. ENGINEER will prepare an agenda for the conference. The pre-construction conference will include a discussion of the CONTRACTOR’S tentative schedule, procedures for transmittal and review of the CONTRACTOR’S submittals, processing payment applications, critical work sequencing, change orders, record documents, and the CONTRACTOR’S responsibilities for safety and first aid. Procedures for dealing with unforeseen problems will be developed and discussed. b. Review Contractor's Submittals The ENGINEER will review CONTRACTOR submittals, for equipment, materials, and construction. All requests for variations from the contract documents will be reviewed with the OWNER before issuing an approval to the CONTRACTOR. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. c. Pay Requests Review and process the CONTRACTOR’S payment requests, and forward to the OWNER for payment. ENGINEER review will be for the purpose of making a full independent mathematical check of the Contractor's payment request. ENGINEER is responsible for verifying stored materials and the quantities of work completed, which are the basis of the payment request. d. Project Modifications The ENGINEER will coordinate the preparation of any changes through the issuance of field orders, work change directives, or change orders that are agreed upon. The Appendix A Page 2 of 10 ENGINEER will review all modifications and all modification requests will be discussed with the OWNER before they are developed in final form. e. Document Interpretation and Clarification Provide interpretation and clarification of contract documents for the owner and general contractor. f. Site Visits Conduct visits to the construction site by qualified professionals to observe progress of the work and to consult with the OWNER and the CONTRACTOR relating to the project. Fee is based on six (6) site visits. g. Substantial Completion Upon receipt of written notification from the CONTRACTOR of substantial completion, schedule a walk through to identify items to be completed or corrected prior to accepting substantial completion. h. Final Inspection In the company of the OWNER and CONTRACTOR, the ENGINEER will conduct a final completion walk through to identify items requiring completion or correction prior to final payment. i. Project Closeout Coordinate appropriate information relating to final closeout of the project including a final set of record drawings for distribution as well as securing all necessary documentation allowing for processing of final payment. TASK 2 – CONSTRUCTION OBSERVATION ENGINEER shall furnish a full-time Resident Project Representative (RPR), assistants and other field staff to assist the Project Manager in observing performance of the work of CONTRACTOR during the 120 working days construction period beginning on April 25, 2025 and estimated completion August 31, 2026. This project only allows performance during the summer break of U of A. The basis of this proposal assumes 4 hours per day, 5 days per week for 120 working days. Time required beyond the estimated days may require a contract amendment. For projects requiring full time observation, full-time hours will be billed at an hourly rate, overtime hours will be billed at time and a half. Specific services to be performed by ENGINEER are as follows: a. Schedules Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. b. Conferences and Meetings Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. Appendix A Page 3 of 10 c. Liaison Serve as OWNER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist the ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. d. Shop Drawings and Samples Record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. e. Review of Work, Observations and Tests Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. Report to OWNER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise OWNER of Work that RPR believes should be corrected, or should be uncovered for observation, or requires special testing, inspection or approval. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. f. Interpretation of Contract Documents Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. g. Modifications Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings and Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. h. Records Maintain records at the job site, orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER’s clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. Keep a diary or logbook, recording CONTRACTOR activities on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures, and send copies to OWNER. i. Reports Furnish ENGINEER and OWNER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. Consult with ENGINEER in advance of scheduled major tests, inspections Appendix A Page 4 of 10 or start of important phases of the Work. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. Report to ENGINEER and OWNER upon the occurrence of any accident. j. Payment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to OWNER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the work. k. Completion Before ENGINEER issues a Certificate of Substantial completion, submit to CONTRACTOR a list of observed items requiring completion or correction. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. COMPENSATION FOR TASKS 1 AND 2 – CONSTRUCTION ADMINISTRATION & OBSERVATION CITY OF FAYETTEVILLE shall pay 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 for Tasks 1 and 2 will be provided on a time-and-expense basis not to exceed $ 305,273. EXCLUSIONS Construction layout surveys are not included in the scope of work. Appendix A Page 5 of 10 TASK 3 – CONSTRUCTION MATERIALS TESTING The following scope and fee is based on a review of the project schedule dated April 7, 2025, project specifications dated April 2025 and the project plans dated March 28, 2025. Construction testing services have been requested for fill placement, utility trench backfill, segmental retaining walls, foundation bearing materials, reinforced concrete, pavement subgrades, and asphaltic concrete pavement. We propose to provide our testing services in the following manner: Fill Placement/Utility Trench Backfill – Prior to fill placement, subgrades should be stripped of vegetation, topsoil, and any other deleterious material. Representatives of Olsson will observe the stability and moisture content of the subgrades. The subgrades should be proofrolled with a fully loaded tandem axle dump truck. Samples of materials proposed for use as structural fill and/or utility trench backfill will be obtained for laboratory testing. Laboratory tests, including standard Proctors and Atterberg limits tests, will be performed to classify and determine physical properties of the proposed fill/backfill materials. Olsson will observe and test structural fill placed within the footprint of the proposed improvements and surrounding pavement areas. Olsson will also test backfill placed within segments of the utility trenches and behind segments of retaining walls. Segmental Retaining Walls – Olsson should be provided a complete set of construction drawings which explicitly provide a design bearing pressure for segmental retaining walls before construction begins. The design calculations including design assumptions and design parameters used should accompany the drawings. Olsson requires a global stability analysis be performed for all segmental retaining walls. Olsson cannot provide special inspection of walls for which a global stability has not been performed The bearing soils below the segmental retaining walls (below the entire reinforced backfill section) will be evaluated with respect to the design bearing pressure. Installation of the granular leveling course or concrete leveling pad; modular block; wall drains, drainage backfill, and filter fabric; reinforced backfill including voids in wall blocks; geogrid over the pins installed in the blocks; and retained backfill during construction of the wall will be observed. Field moisture-density tests will be performed in the reinforced and retained backfill. Foundation Bearing Materials - Olsson will observe the bearing materials in the bases of shallow foundation excavations. The bearing materials will be evaluated with respect to the design bearing pressure. Reinforced Concrete - Olsson’s field technician will observe placement of reinforcing steel in the improvements; Field tests, including slump, air entrainment. and temperature, will be performed on samples of concrete obtained from these structures. Cylinders will be cast from the concrete used in the construction of the new construction for compressive strength testing. Appendix A Page 6 of 10 Drill and Epoxy Reinforcing Steel – Olsson will observe the installation of drill and epoxy grouted reinforcing steel. The depth, size, and cleanliness of the drilled holes; reinforcement diameter, length, and embedment depth; and the type of epoxy adhesive used will be noted. Pavement Subgrades – Olsson’s field personnel will evaluate building and pavement subgrades with respect to stability and moisture content prior to construction of the on- grade slabs and or pavements. Subgrades should be proofrolled with a fully loaded tandem axle dump truck. The general contractor superintendent should schedule subgrade evaluations within 48- hours of paving or following any significant weather event that could affect the performance of the pavement subgrade. Subgrades should be reobserved if weather conditions change or if construction of the on-grade slab and/or pavements is delayed more than 48-hours after initial observation. Asphaltic Concrete Pavements – Field density tests will be performed in the base and surface courses of asphaltic concrete pavements. To evaluate results of the field density tests, samples of the base and surface mixes delivered to the site will be obtained for laboratory testing. Reporting - Olsson’s field professionals will prepare typed field reports summarizing each day's field observations, presenting test results, and detailing items not in compliance with the project drawings and/or specifications. Draft copies of the field reports will be provided daily to the designated field representative if requested. Field reports will be reviewed by our project engineer and if required summarized in bi- weekly letters transmitted to the Client, Architect, Structural Engineer, General Contractor and Building Official. Olsson is not responsible for the Contractor’s means or methods and does not have the obligation or authority to stop Contractor’s work. Olsson’s responsibility as special inspector is to report our field observations and test results to the Contractor and Client as provided herein. Following completion of the project, if requested Olsson will prepare a final summary report stating its opinion with regard to whether the portions of the work that were observed, inspected and/or tested were in compliance with the project specifications. Safety – It is the responsibility of the general contractor or their subcontractors to provide safe access to work requiring observation or testing by the special inspector or tester. It is also the responsibility of the general contractor or their subcontractors to provide OSHA compliant barriers or barricades around excavations greater than 6 feet in depth. In instances where barriers or barricades are not provided or work requiring observation or testing must be performed while within the area protected by barriers or barricades, the contractor shall provide and install an anchor point that meets the OSHA standard for fall protection for use by the special inspector or tester. The anchorage point shall be provided near excavations 6 feet or greater in depth where observation or testing is required. The anchorage point cannot be a piece of equipment that can be moved (like a drill rig or piece of earth working equipment). These anchorage points may need to be moved by the contractor when work requiring observation or testing is needed in other locations. Appendix A Page 7 of 10 When fall protection is needed for Olsson personnel to perform their work, we will supply our personnel with harnesses and lanyards which can be tied off to contractor-provided anchorage points. If the contactor cannot supply an anchorage point for Olsson personnel, we will work with the general contractor to come up with a solution possibly including Olsson providing our own anchorage, which may cause a delay to obtain the equipment needed and will result in additional charges to Olsson’s Client. Exclusions – Observation and testing relating to shop inspection for the fabrication of the structural steel framing members and mechanical inspections of field erected members (plumb or other dimensional characteristics) has not been included in this cost estimate. Often, the Building Official will waive the special inspection requirement for shop inspection of structural steel if the fabrication shop is certified and can provide proof of certification on their signed company letterhead. If it is determined that these items are required for special inspection, we would be willing to review the applicable project plans and specifications to provide an additional estimate to provide these services. SWPPP inspections are excluded, these will be performed by others. Grout testing of the block retaining wall is omitted. Olsson is committed to providing quality service to its clients, commensurate with their wants, needs and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Olsson stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. If you have any questions or concerns regarding this scope of work, please contact Kyle Bennett at 417.818.7594 or at kbennett@olsson.com. We look forward to hearing from and working with you and your firm on this project. Scope of Work and Estimated Cost Task 3 – Construction Materials Testing Phase 1 - 2025 Construction (Leverett to Gregg) Earthwork 10.5 Hrs Technician - Sampling/Proofroll @ $85.00 /hour $892.50 35 Hrs Technician - Sidewalk Subgrade Compaction @ $85.00 /hour $2,975.00 35 Hrs Technician - Roadway Subgrade Compaction @ $85.00 /hour $2,975.00 3 Proctor - Standard @ $220.00 /each $660.00 1 Proctor - Modified @ $260.00 /each $260.00 4 Oversize Particle Correction @ $125.00 /each $500.00 4 Material Passing No. 200 Sieve @ $85.00 /each $340.00 4 Atterberg Limits @ $125.00 /each $500.00 11 Standard Field Equipment @ $25.00 /each $275.00 23 Trips @ $40.00 /trip $920.00 Utilities/Infrastructure 18 Hrs Technician - Utilities @ $85.00 /hour $1,530.00 6 Standard Field Equipment @ $25.00 /each $150.00 6 Trips @ $40.00 /trip $240.00 Appendix A Page 8 of 10 Foundation Bearing Materials/Reinforcing Steel 6 Hrs Sr. Technician @ $85.00 /hour $510.00 2 Trips @ $40.00 /trip $80.00 Reinforced Concrete 28 Hrs Technician - Curb/Gutter @ $85.00 /hour $2,380.00 14 Hrs Technician - Stone Retaining Wall Footings @ $85.00 /hour $1,190.00 70 Hrs Technician - Sidewalks/Paver Slabs @ $85.00 /hour $5,950.00 10.5 Hrs Technician - Granite Curb Mud Slab @ $85.00 /hour $892.50 7 Hrs Technician - Approach/Drive Modification @ $75.00 /hour $525.00 10.5 Hrs Technician - Drill/Epoxy Observation (Senior Walk) @ $85.00 /hour $892.50 185 Compression Test - Concrete @ $25.00 /each $4,625.00 40 Trips @ $40.00 /trip $1,600.00 Asphaltic Concrete Pavement 10 Hrs Technician - Compaction/Sampling @ $85.00 /hour $850.00 14 Hrs Technician - Coring/Sampling @ $85.00 /hour $1,190.00 12 Hrs Technician - Sample Transport @ $160.00 /hour $1,920.00 6 Bulk Specific Gravity of Pavement Cores (1pt) $70.00 /each $420.00 2 Theoretical Maximum Specific Gravity (Rice) (Gmm) @ $155.00 /each $310.00 2 Coring Equipment @ $300.00 /day $600.00 2 Standard Field Equipment @ $25.00 /each $50.00 3 Trip to SGF Lab @ $260.00 /trip $780.00 4 Trips @ $40.00 /trip $160.00 Subtotal $38,322.50 Project Engineering and Administration 17 Hrs Project Manager/Engineer $160.00 /hour $2,720.00 17 Hrs Field Manager @ $100.00 /hour $1,700.00 1 Hrs Senior Team Leader @ $220.00 /hour $220.00 5 Hrs Project Administration @ $85.00 /hour $425.00 Phase 1 Total $43,387.50 Phase 2 - 2026 (Garland to Leverett) Earthwork 10.5 Hrs Technician - Sampling/Proofroll @ $85.00 /hour $787.50 35 Hrs Technician - Sidewalk Subgrade Compaction @ $85.00 /hour $1,312.50 35 Hrs Technician - Roadway Subgrade Compaction @ $85.00 /hour $1,312.50 2 Proctor - Standard @ $220.00 /each $660.00 1 Proctor - Modified @ $260.00 /each $260.00 3 Oversize Particle Correction @ $125.00 /each $500.00 3 Material Passing No. 200 Sieve @ $85.00 /each $340.00 3 Atterberg Limits @ $125.00 /each $500.00 Appendix A Page 9 of 10 11 Standard Field Equipment @ $25.00 /each $325.00 23 Trips @ $40.00 /trip $520.00 Utilities/Infrastructure 18 Hrs Technician - Utilities @ $85.00 /each $1,530.00 6 Standard Field Equipment @ $25.00 /each $150.00 6 Trips @ $40.00 /trip $240.00 Foundation Bearing Materials/Reinforcing Steel 6 Hrs Sr. Technician @ $315.00 /each $1,890.00 2 Trips @ $40.00 /trip $80.00 Reinforced Concrete 28 Hrs Technician - Curb/Gutter @ $85.00 /each $2,380.00 52.5 Hrs Technician - Sidewalks/Paver Slabs @ $85.00 /each $4,462.50 7 Hrs Technician - Approach/Drive Modification @ $85.00 /each $595.00 7 Hrs Technician - Drill/Epoxy Observation (Senior Walk) @ $85.00 /each $595.00 125 Compression Test - Concrete @ $25.00 /each $3,125.00 27 Trips @ $40.00 /trip $1,080.00 Asphaltic Concrete Pavement 10 Hrs Technician - Compaction/Sampling @ $85.00 /each $850.00 14 Hrs Technician - Coring/Sampling @ $85.00 /each $1,190.00 12 Hrs Technician - Sample Transport @ $85.00 /each $1,020.00 6 Bulk Specific Gravity of Pavement Cores (1pt) $70.00 /hour $420.00 2 Theoretical Maximum Specific Gravity (Rice) (Gmm) @ $155.00 /each $310.00 2 Coring Equipment @ $300.00 /day $600.00 2 Standard Field Equipment @ $25.00 /each $50.00 3 Trip to SGF Lab @ $260.00 /trip $780.00 4 Trips @ $40.00 /trip $160.00 Subtotal $28,069.00 Project Engineering and Administration 13 Hrs Project Manager/Engineer $160.00 /hour $2,080.00 13 Hrs Field Manager @ $100.00 /hour $1,300.00 1 Hrs Senior Team Leader @ $220.00 /hour $220.00 3 Hrs Project Administration @ $85.00 /hour $255.00 Phase 2 Total $31,924.00 CMT Grand Total $75,311.50 Appendix A Page 10 of 10 COMPENSATION FOR TASK 3 – CONSTRUCTION MATERIALS TESTING CITY OF FAYETTEVILLE shall pay 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 for Task 3 will be provided on a time-and-expense basis not to exceed $ 75,311.50 Total Not-To-Exceed Amount for Tasks 1,2, and 3 is $380,584.50. Description Range Principal $152.00 -$472.00 Project Manager $133.00 -$287.00 Project Professional $99.00 -$258.00 Assistant Professional $74.00 -$182.00 Designer $95.00 -$238.00 CAD Operator $64.00 -$150.00 Survey $59.00 -$230.00 * Construction Services $53.00 -$305.00 * Administrative/Clerical $49.00 -$300.00 1. 2. Olsson 2025 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. 01/2025 Appendix B Eff. 01/2025 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) $0.70/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). Appendix C 2025 Construction Services Unit Rate Schedule Construction Observation/Administration Construction Administration/Management Services Assistant Construction Observer........................................................................Hourly $100.00 Associate Construction Observer .......................................................................Hourly $130.00 Senior Construction Observer ............................................................................Hourly $165.00 Senior Engineer .................................................................................................Hourly $225.00 Senior Team Leader/Principal Engineer ............................................................Hourly $275.00 Administrative Assistant .....................................................................................Hourly $80.00 Miscellaneous Services & Equipment Equipment Trimble DA2 GPS ..............................................................................................Daily $45.00 Mobile Hotspot or Signal booster .......................................................................Monthly $85.00 Air Monitors .......................................................................................................Daily $45.00 Nuclear Density Gauge* ....................................................................................Daily $65.00 Standard Safety Equipment** ............................................................................Daily $85.00 Standard Concrete Test Equipment*** ...............................................................Daily $45.00 Dynamic Cone Penetrometer .............................................................................Daily $100.00 Video Inspection Robot**** ................................................................................Daily $650.00 Mobile Office/Lab (utilities provided by others) ...................................................Monthly $975.00 Travel Trip Charge (Portal to Portal) .............................................................................Varies per project Rental Vehicles (monthly charge and fuel) .........................................................……...Cost + 10% Per Diem ...........................................................................................................Daily GSA Rate Additional Notes 1. These Unit Fees are in effect until January 1, 2026. Services and fees not listed above will be quoted upon request. Appendix D 1700 East 123rd Street / Olathe, KS 66061 O 913.829.0078 / olsson.com 2. Services provided on Saturday, Sunday, Holidays, or in excess of 8-hours/day will be charged at 1.5 times the unit fee. 3. Subcontracted services and expenses will be invoiced at our cost plus 10% 4. *Nuclear Density gauge will be charged if transported to or assigned to site. 5. **Safety equipment beyond standard PPE (safety footwear, hi-vis vest, hardhat, and safety glasses). 6. ***Standard Concrete Equipment includes – Slump cone, Type B airmeter, thermometer, unit weight scale. 7. **** Any personnel time for maintenance or cleaning of robot system will be charged at an hourly personnel rate in conjunction with the daily unit rate. 2025 Field Operations Services Unit Rate Schedule Special Inspections and Construction Materials Testing Services Testing Services (3-Hour Minimum) Field Technician ................................................................................................Hour $75.00 Senior Technician ..............................................................................................Hour $85.00 Steel Technician ................................................................................................Hour $105.00 Field Manager ....................................................................................................Hour $100.00 Project Manager / Project Engineer ...................................................................Hour $160.00 Senior Project Manager / Senior Engineer .........................................................Hour $220.00 Administrative Coordinator.................................................................................Hour $75.00 Mileage ..............................................................................................................Mile $0.85 Laboratory Testing Services Aggregate Testing Abrasion - LA Machine ......................................................................................Each $500.00 Atterberg Limit (Plasticity Index) .......................................................................Each $125.00 Bulk Density (Unit Weight) and Voids ...............................................................Each $110.00 Deleterious - Clay Lumps and Friable Particles ................................................Each $190.00 Deleterious - Flat & Elongated Particles ............................................................Each $375.00 Deleterious - Lightweight Particles ....................................................................Each $230.00 Deleterious - Organic Impurities ........................................................................Each $140.00 Material Finer than No. 200 Sieve .....................................................................Each $85.00 Minimum & Maximum Index Density (Vibratory Table) ......................................Each $260.00 Moisture Content ..............................................................................................Each $21.00 Oversize Particle Correction .............................................................................Each $125.00 Particle Size (Gradation) - Sieve Analysis <3/4" ...............................................Each $135.00 Particle Size (Gradation) - Sieve Analysis >3/4" ...............................................Each $220.00 Percent Fractured Particles in Coarse Aggregate .............................................Each $280.00 Proctor - Modified .............................................................................................Each $260.00 Proctor - Standard ............................................................................................Each $220.00 Sand Equivalent of Fine Aggregate ..................................................................Each $245.00 Soundness Aggregates (Sodium or Magnesium) ...............................................Each $305.00 Specific Gravity of Aggregate Coarse or Fine Aggregate ...................................Each $200.00 Uncompacted Void Content of Fine Aggregate ..................................................Each $80.00 Appendix E Asphalt Testing Asphalt Binder Content by Ignition .....................................................................Each $150.00 Gradation of Extracted Aggregates (Includes Binder by Ignition) .......................Each $200.00 Bulk Specific Gravity/ Pavement Cores (1pt) .....................................................Each $70.00 Marshall Density (3pt) ........................................................................................Each $240.00 Marshall Stability and Flow (3pt) ........................................................................Each $350.00 Percent Air Voids in Compacted Paving Mix ......................................................Each $45.00 Preparation & Density of Superpave Gyratory Compaction Specimens (2pt) .....Each $320.00 Theoretical Maximum Specific Gravity (Rice) (Gmm) .........................................Each $155.00 Cement, Concrete, & Masonry Testing Chloride Ion .......................................................................................................Each $200.00 Compressive Strength – Block or Block Prism ...................................................Each $230.00 Compressive Strength - Concrete Cores ...........................................................Each $95.00 Compressive Strength - Cube (Grout & Mortar) .................................................Each $45.00 Compressive Strength - Cylinders .....................................................................Each $25.00 Density, Absorption & Voids of Hardened Concrete ...........................................Each $630.00 Flexural Strength of Concrete ............................................................................Each $75.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete ...............Each $400.00 Measuring Thickness of Concrete Elements (Drilled Cores) ..............................Each $70.00 Potential Alkali Silica Reactivity (ASR) ...............................................................Each $830.00 Equipment Core Machine/Sampling ...................................................................................Day $300.00 Dynamic Cone Penetrometer (DCP) .................................................................Day $200.00 Electrical Resistivity - Field (AEMC Gauge) ......................................................Day $100.00 Floor Flatness Equipment .................................................................................Day $300.00 Relative Humidity Probe/Sensor .......................................................................Each $80.00 Settlement Monitoring Plate ..............................................................................Each $300.00 Standard Field Equipment ................................................................................Each $25.00 Vapor Emission Test Kit ...................................................................................Each $60.00 Soil Testing Atterberg Limits (Plasticity Index) ......................................................................Each $125.00 CBR Laboratory Compacted (3pt) .....................................................................Each $630.00 CBR Laboratory Compacted (1pt) .....................................................................Each $230.00 Density (Wet/Dry) .............................................................................................Each $30.00 Direct Shear Test of Soils (Consolidated Drained) (3pt) ....................................Each $1,600.00 Dispersion - Crumb ...........................................................................................Each $95.00 Dispersion - Pinhole ..........................................................................................Each $190.00 Material Finer than No. 200 Sieve .....................................................................Each $85.00 Moisture Content ..............................................................................................Each $21.00 Moisture Content - Microwave ..........................................................................Each $50.00 One-Dimensional Consolidation Test ................................................................Each $440.00 Organic Content - Soils .....................................................................................Each $105.00 Oversize Particle Correction .............................................................................Each $125.00 Particle Size (Gradation) - Hydrometer .............................................................Each $250.00 Particle Size (Gradation) - Sieve Analysis ..........................................................Each $135.00 Permeability - Flexible Wall Permeameter (Intact) ............................................Each $550.00 Permeability - Flexible Wall Permeameter (Remold) ..........................................Each $650.00 Proctor - Modified .............................................................................................Each $260.00 Proctor - Modified w/Additive ............................................................................Each $340.00 Proctor - Standard ............................................................................................Each $220.00 Proctor - Standard w/Chem Additive .................................................................Each $290.00 Swell or Collapse (One Dimensional) ................................................................Each $315.00 Triaxial Compression – Consolidated Drained (Intact) ......................................Each $1,730.00 Triaxial Compression – Consolidated Drained (Remold) ....................................Each $1,930.00 Triaxial Compression – Consolidated Undrained (Intact) ..................................Each $1,575.00 Triaxial Compression – Consolidated Undrained (Remold) ................................Each $1,775.00 Triaxial Compression – Unconsolidated Undrained ...........................................Each $180.00 Unconfined Compressive Strength - Intact Rock ...............................................Each $125.00 Unconfined Compressive Strength - Soils .........................................................Each $85.00 Sprayed Fire Resistive Materials (SFRM) Adhesion of SFRM to Structural Members (Field) ..............................................Each $25.00 Thickness and Density of SFRM to Structural Members ....................................Each $90.00 General Terms and Conditions 1. These Unit Fees are in effect until January 1, 2026. Services and fees not listed above will be quoted upon request. 2. All services charged are portal-to-portal. 3. Services provided on Saturday, Sunday, Holidays, or in excess of 8-hours/day will be charged at 1.5 times the unit fee. 4. Services provided before 6:00 a.m. and after 6:00 p.m. will be charged at 1.5 times the unit fee. 5. Mileage Rate subject to change based on Federal and IRS rate changes. 6. Subcontracted services and expenses will be invoiced at our cost plus 20% 7. Project Manager time will be included for project coordination and report review. 8. Per Diem will be billed at actual cost + 15% unless otherwise specified. 2025 Springfield/Joplin/Fayetteville Survey Billing Rate Schedule Classification Hourly Rate Group Leader $210.00 Technical Leader $185.00 Senior Surveyor $160.00 Surveyor $125.00 Associate Surveyor $95.00 Senior Technician $110.00 Associate Technician $85.00 Assistant Technician $72.00 1 Man Field Crew $130.00 2 Man Field Crew $185.00 Equipment Daily Rate Boat $100.00 ATV $100.00 HD Scanner $500.00 Photogrammetry Drone $250.00 - $500.00 Lidar Drone $2,500.00 Mobile Drone $15,000.00 Travel Mileage (Portal to Portal) Mile $0.75 Hotel Daily $140.00 Meals Daily $60.00 Additional Notes 1. These Unit Fees are in effect until January 1, 2026. 2. Services and fees not listed above will be quoted upon request. 3. Services on weekends, holidays, and in excess of 8-hours/day will be charged 1.5 times the unit fee. 4. Mileage is subject to change based on Federal and IRS rate changes. 5. Subcontracted services will be invoiced at our cost plus 20% Appendix F