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HomeMy WebLinkAbout150-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 150-25 File Number: 2025-88t A RESOLUTION TO AWARD RFQ #25-01, SELECTION 12, AND AUTHORIZE PROFESSIONAL ENGINEERING SERVICES AGREEMENTS WITH BURNS & MCDONNELL ENGINEERING CO, INC., HAWKINS-WEIR ENGINEERS, INC., AND OLSSON ASSOCIATES, INC. FOR ON -CALL DRAINAGE DESIGN SERVICES AS NEEDED THROUGH JUNE 30, 2026 WHEREAS, the Engineering Division has an internal design team that provides designs for transportation, drainage, sidewalk, and trail projects as well as design for other divisions within the City; and WHEREAS, due to the current workload as well as recent flooding events, additional capacity is needed for the analysis of flooding issues and design of projects to alleviate this flooding as part of the design team and separate agreements will be prepared for projects as they arise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #25-01, Selection 12, and authorizes Mayor Rawn to sign professional engineering services agreements with Burns & McDonnell Engineering Co, Inc., Hawkins -Weir Engineers, Inc, and Olsson Associates, Inc. as providers based on qualifications and availability for on -call drainage design services as needed through June 30, 2026, within the approved budget. PASSED and APPROVED on July 1, 2025 Approved: Nq -�O� Molly Rawn, Mayor Attest: i NY�17:: 's 94Hn NSP Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 1, 2025 CITY COUNCIL MEMO 2025-881 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of a resolution to award RFQ 25-01, Selection #12 to Burns & McDonnell Engineering Co, Inc., Hawkins -Weir Engineers, Inc., and Olsson Associates, Inc. as providers based on qualifications and availability for on -call drainage design services as needed through June 30, 2026. RECOMMENDATION: Staff recommends approval of a resolution to award RFQ 25-01, Selection #12 to Burns & McDonnell Engineering Co, Inc., Hawkins -Weir Engineers, Inc. and Olsson Associates, Inc. as providers based on qualifications and availability for on -call drainage design services as needed through June 30, 2026. BACKGROUND: The Engineering Division has an internal design team that provides designs for transportation, drainage, sidewalk, and trail projects as well as designs for other divisions within the City. Due to the current workload as well as recent flooding events, additional capacity is needed for the analysis of flooding issues and design of projects to alleviate this flooding as a part of the design team. DISCUSSION: An engineering selection committee selected Burns & McDonnell Engineering Co, Inc., Hawkins -Weir Engineers, Inc. and Olsson Associates, Inc. to be used for on -call drainage design services for various city projects until June 30, 2026. BUDGET/STAFF IMPACT: Funds for the design contracts will come from existing bond funds, capital improvement project funds and stormwater utility funds. ATTACHMENTS: 3. Staff Review Form 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 #: 2025-881 A RESOLUTION TO AWARD RFQ #25-01, SELECTION 12, AND AUTHORIZE PROFESSIONAL ENGINEERING SERVICES AGREEMENTS WITH BURNS & MCDONNELL ENGINEERING CO, INC., HAWKINS-WEIR ENGINEERS, INC., AND OLSSON ASSOCIATES, INC. FOR ON -CALL DRAINAGE DESIGN SERVICES AS NEEDED THROUGH JUNE 30, 2026 WHEREAS, the Engineering Division has an internal design team that provides designs for transportation, drainage, sidewalk, and trail projects as well as design for other divisions within the City; and WHEREAS, due to the current workload as well as recent flooding events, additional capacity is needed for the analysis of flooding issues and design of projects to alleviate this flooding as part of the design team and separate agreements will be prepared for projects as they arise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #25-01, Selection 12, and authorizes Mayor Rawn to sign professional engineering services agreements with Burns & McDonnell Engineering Co, Inc., Hawkins -Weir Engineers, Inc, and Olsson Associates, Inc. as providers based on qualifications and availability for on -call drainage design services as needed through June 30, 2026, within the approved budget. Page 1 City of Fayetteville Staff Review Form 2025-881 Item ID 7/1/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 6/5/2025 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a resolution to award RFQ 25-01, Selection #12 to Burns & McDonnell Engineering Co, Inc., Hawkins - Weir Engineers, Inc. and Olsson Associates, Inc. as providers based on qualifications and availability for on -call drainage design services as needed through June 30, 2026. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20221130 Alan Pugh Submitted By City of Fayetteville Staff Review Form 2025-0636 Item ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/6/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Mayors signature on Master Professional Services Agreement for Olsson Associates, Inc in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins -Weir Engineers and Olsson Associates to provide on -call drainage design services Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title l $ - V20221130 Purchase Order Number: Previous Ordinance or Resolution # 150-25 Change Order Number: Approval Date: Original Contract Number: Comments: A ft, CITY OF JWA FAYETTEVI L E ARKANSAS TO: Molly Rawn, Mayor THRU: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Alan Pugh, Stormwater Manager DATE: August 6, 2025 STAFF MEMO SUBJECT: Mayors signature on Master Professional Services Agreement for Olsson Associates, Inc in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins -Weir Engineers and Olsson Associates to provide on -call drainage design services RECOMMENDATION: Staff recommends the Mayor sign the Master Professional Services Agreement with Olsson Associates, Inc for on -call drainage design. BACKGROUND: The Engineering Division has an internal design team that provides designs for transportation, drainage, sidewalk, and trail projects as well as designs for other divisions within the City. Due to the current workload as well as recent flooding events, additional capacity is needed for the analysis of flooding issues and design of projects to alleviate this flooding as a part of the design team. DISCUSSION: The City Council authorized the Mayor to enter into Master Professional Service Agreements in accordance with RFQ 25-01, selection 12 with the passage of Resolution 150-25 on July 1, 2025. This Resolution confirmed the selection of Burns & McDonnell Engineering Co, Inc, Hawkins -Weir Engineers, Inc and Olsson Associates, Inc as the firms currently approved to provide on -call drainage design services until June 30, 2026. BUDGET/STAFF IMPACT: No budget impact at this time. The budget will be included with subsequent work orders. These work orders are currently being developed. Attachments: Staff Review Form Master Professional Services Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 MASTER AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON, INC. THIS MASTER PROFESSIONAL SERVICES AGREEMENT is made as of July 28, 20251 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. As such, the CITY OF FAYETTEVILLE has selected several firms for on -call professional design services. The details of each project will be included in subsequent work orders that will be performed under the conditions of this agreement. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: As projects are identified, the project location, scope of services, anticipated start and completion dates, project goals, compensation and ENGINEER's hourly rates will be defined by work orders and agreed upon by both parties prior to services being provided. ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those work orders 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 I - AUTHORIZATION OF SERVICES 1.1 Services on any work orders shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Work Orders 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 work orders shall not be allowed without a formal amendment approved by the Mayor and the CITY OF FAYETTEVILLE 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 each project as defined in each work order. 2.1.1 The Scope of Services to be furnished by ENGINEER during the project will be defined in each work order and made part of this Agreement upon execution of the work order by both parties. 25-07-28 PAS_City of Fayetteville AR Master Professional Services Contract.docx FY19-2139 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. SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 During the development and execution of a work order, the 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 the work order. 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 each work order. 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 execution by both parties with work commencing upon the first written notice by CITY OF FAYETTEVILLE authorizing services pursuant to an applicable work order. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of work through completion of the services stated in each work order. ENGINEER will proceed with providing the authorized services immediately upon receipt of an approved work order which shall constitute written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services associated with the work order authorized and the time in which the services are to be completed_ SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement will be defined by the subsequent work orders. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis described in each work order. 5.2 Statements Master Professional Services Agreement — Olsson, Inc. 2 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 work order. 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 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 and subsequent work orders, 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 Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit Per Work Order Master Professional Services Agreement — Olsson, Inc. 3 Bodily Injury and Property Damage Professional Liability Insurance $1,000,000 Combined Single Limit Per Work Order $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. 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 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 or any work order hereunder 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 or work order through no fault of the terminating party, provided that no termination may be effected unless the other party is given: Master Professional Services Agreement — Olsson, Inc. 4 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 or any work order 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 or any work order 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 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 Master Professional Services Agreement — Olsson, Inc. 5 shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying a 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 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 6.13 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 Master Professional Services Agreement — Olsson, Inc. 6 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 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 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, AR 72703 Master Professional Services Agreement — Olsson, Inc. 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. Work orders for individual projects may contain additional terms. Additional terms shall apply only to that project and shall not be incorporated into this Master Agreement. 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 Master Professional Services Agreement — Olsson, Inc. Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, Master Professional Services Agreement — Olsson, Inc. 9 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #150.25 Approval Date: Original Contract Number: 02108.2507 Project Number Budget Impact: Misc Drainage Projects Fund Drainage Projects 2022 Bonds4470.621.8810-5817.00 Account Number Project Title City of Fayetteville Staff Review Form 2025-0843 Item ID N/A City Council Meeting Date - Agenda Item Only Mayors signature on work order #3 of the Master Professional Services Agreement with Burns and McDonnell Engineering Company, Inc. in the amount of $11,923 associated with W 7th St and S Church Ave in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins-Weir Engineers and Olsson Associates to provide on-call drainage design services and approval of a budget adjustment. N/A for Non-Agenda Item Action Recommendation: Submitted By Amanda Swope ENGINEERING (621) Division / Department 10/22/2025 Submitted Date Yes 11,923.00$ 11,923.00$ 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 11,923.00$ -$ Yes Yes 11,923.00$ 11,923.00$ TO: Molly Rawn, Mayor THRU: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Amanda Swope, Stormwater Project Manager DATE: October 22, 2025 SUBJECT: Mayors signature on work order #3 of the Master Professional Services Agreement with Burns and McDonnell Engineering Company, Inc. in the amount of $11,923 associated with W 7th St and S Church Ave in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins-Weir Engineers and Olsson Associates to provide on-call drainage design services and approval of a budget adjustment. RECOMMENDATION: Staff recommends the mayor sign work order #3 of the Master Professional Services Agreement with Burns McDonnell Engineering Company, Inc. in the amount of $11,923 associated with W 7th St and S Church Ave in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins-Weir Engineers and Olsson Associates to provide on- call drainage design services and approval of a budget adjustment. BACKGROUND: The Engineering Division has an internal design team that provides designs for transportation, drainage, sidewalk, and trail projects as well as designs for other divisions within the City. Due to the current workload as well as recent flooding events, additional capacity is needed for the analysis of flooding issues and design of projects to alleviate this flooding as a part of the design team. The City Council authorized the Mayor to enter into Master Professional Service Agreements in accordance with RFQ 25-01, selection 12 with the passage of Resolution 150-25 on July 1, 2025. This Resolution confirmed the selection of Burns & McDonnell Engineering Co, Inc, Hawkins-Weir Engineers, Inc and Olsson Associates, Inc as the firms currently approved to provide on-call drainage design services until June 30, 2026. DISCUSSION: This project includes design of storm drainage near the intersection of W 7th St and S Church Ave to help convey runoff and alleviate flooding. This project will be constructed by the Transportation Division. BUDGET/STAFF IMPACT: The work order is proposed to be funded from sales tax capital improvement funds. 2 Attachments: Staff Review Form Work Order #3 City of Fayetteville, Arkansas - Budget Adjustment Form 1 Errors tivaget Year Division Adjustment Number ENGINEERING (621) /Org2 2025 Requestor: Alan Pugh BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Move funds into Misc Small Drainage Projects to pay for Work Order #3 with Burns McDonnel associated with the design of a ditch and drianage piping near the intersection of Church and 7th. This project is being designed for Transportation to construct. REQUEST DATE: 10/21/2025 Division Head Date Department Director Chief Financial Officer Chief of Staff Date Date Date Budget Division TYPE: JOURNAL M G LDATE: CHKD/POSTED: Date TOTAL v.2025826 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4470.621.8810-5817.00 (11,923) 02108 1 EX Improvements - Bridge & Drainage 4470.621.8810-5314.00 11,923 02108 2507 EX Professional Services K:\Engineering Design Services\ Projects\ Drainage Projects\On Call Drainage Design\2025\BA_Misc Small Drainage Design ServidEof 2 OWNER AGREEMENT WORK ORDER (AE-2 Exhibit A) 1 WORK ORDER #3 FOR MASTER AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (Doc. No. AE-2) This Work Order is entered into and authorized this date _________________, 2025 by and between City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Burns & McDonnell Engineering Company, Inc. (hereinafter called ENGINEER) The parties agree that the ENGINEER shall perform the following Services in accordance with the terms of the Master Agreement for Professional Engineering Services dated August 28, 2025: 1. Scope of Services: The proposed project design will require surveys, hydraulic studies and storm drainage design. The scope of work will consist of: •Topographic field survey within the project limits show on the attached Scope Map (Appendix A). o Topographic data will be limited to existing ground surface elevations, and existing culvert elevations. Full topographic information and utility surveys are not included with this scope of work but can be provided via amendment. •Hydrologic and Hydraulic Analysis as described on the attached Scope Map (Appendix A): o City of Fayetteville to provide drainage design criteria and recurrence interval to be used for the basis of analysis. o Perform One Site Visit to evaluate existing conditions, review flow patterns and confirm survey data. o Evaluate contributing runoff based on City of Fayetteville GIS information and perform analysis to determine size and shape for a new drainage ditch that will convey contributing runoff west within the undeveloped alley as shown on the attached Appendix A Scope Map. o Analyze existing drainage system of culverts and open channels within the project limits as shown on the attached Scope Map (Appendix A) along the east side of S. Church Avenue for capacity and make recommendations for improvements where existing infrastructure is shown to surcharge. o Provide preliminary drainage memo of findings, summary of calculations, and summary of recommendations signed and sealed by a professional engineer. o Provide 11x17 PDF exhibit using aerial imagery and Fayetteville GIS background to visually depict recommended improvements. This will not be a signed and sealed drawing, but rather an approximation of recommended improvements that the City of Fayetteville will use as guidance for improvements in the area. o Conduct one meeting to review findings and recommendations with City of Fayetteville representative. Respond to comments and issue final drainage memo. •The following tasks are excluded from this scope of work, but may be added via amendment or separate work order: o Detailed Topographic Survey and Boundary Resolution o Utility location and Coordination October 29 OWNER AGREEMENT TASK ORDER (AE-2 Exhibit A) 09-29-10 2 o Design Plans and Details o Construction Documents, Project Manual and Specifications o Construction Cost Estimates o Easement / Right-of-Way Document Preparation/Acquisition o Bidding and Construction Phase Services 2. Compensation: The basis of compensation for the above Services shall be: □· Lump Sum Fee of $_____________ □ · Hourly Rate per ENGINEER’s Rate Sheet, attached hereto Subject to a Not-to-Exceed Cap of $__11,923.00_____, without further authorization □ · Hourly Rate per ENGINEER’s Rate Sheet, attached hereto With no maximum □ ·Other, as follows (describe below): 3. Other Terms: (describe below) A. The terms of this Work Order supersede any contrary terms of the Engineer-Owner Agreement. IN WITNESS WHEREOF, the parties have made and executed this WORK ORDER as of the day and year first above written. OWNER: City of Fayetteville, Arkansas ENGINEER: Burns & McDonnell Engineering Company, Inc. By: By: Name: Molly Rawn Name: Jonathan Ely Title: Mayor Title: Associate / Project Manager Fayetteville, AR 7th and Church Drainage Stream Stormwater Channel 4-18" 19-32" > 32" Unknown Diameter Stormwater Box Culvert Stormwater Flow Inlet The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Created: 10/15/2025 Credits: 2025 Imagery | EagleView Technologies | Surdex Corporation, City of Fayetteville, AR Map Author: 0 0.01 0.020.01 mi size ditch to carry runoff to existing ditch and culverts along Church Ensure piping along church large enough or recommend upsizing Analyze existing drainage system of culverts and open channels for capacity and make recommendations for improvements where existing infrastructure is shown to surcharge. Project Limits SCOPE MAP APPENDIX A WORK ORDER #3 SERVICES HOURS SALARY EXPENSES TOTAL PROJECT ADMIN AND MANAGEMENT 8 $1,560 $0 $1,560 DRAINAGE DESIGN & EXHIBIT 50 $8,835 $28 $8,863 SUBTOTAL DESIGN PHASE 58 $10,395 $28 $10,423 SUBCONSULTANTS SURVEY - Halff $1,500 $1,500 SUBTOTAL SUBCONSULTANTS DESIGN PHASE 0 $0 $1,500 $1,500 TOTAL WORK ORDER #1 SERVICES 58 $10,395 $1,528 $11,923 Drainage On Call - Work Order 3 (7th and Church) October 21, 2025 PROJECT SUMMARY PROJECT ADMIN AND MANAGEMENT TASK PD PM CM Ast. CM Sr. EST As. EST PA TOTAL General (8) hours Scheduling and Mangement (Inclding Subs) 2 2 4 Client Progress Reports and Invoicing 2 2 4 TOTAL MH - PROJECT ADMIN AND MANAGEMENT 0 4 0 0 0 0 4 8 Category - Description Rate MH Amount Project Director PD $275.00 0 $0 Project Manager PM $245.00 4 $980 Construction Manager CM $250.00 0 $0 Assistant Construction Manager Ast. CM $185.00 0 $0 Senior Estimator Sr. EST $225.00 0 $0 Assistant Estimator As. EST $175.00 0 $0 Project Assistant PA $145.00 4 $580 Subtotal Labor Costs $1,560 ITEM Quantity Unit Rate Amount $0.00 Subtotal Expenses $0.00 Subtotal Expenses (rounded) $0 TOTAL COSTS - PROJECT ADMIN AND MANAGEMENT $1,560 LABOR COSTS EXPENSES MANHOURS Justification of Costs and Fees October 21, 2025 Drainage On Call - Work Order 3 (7th and Church) DRAINAGE DESIGN & EXHIBIT TASK PM Sn.CIV Sf.CIV Sr. EST As. EST Ast.CIV DSNR CAD PA TOTAL PDesign (50) hours Site Visit and Meeting 3 3 6 Hydrologic and hydraulic maping and modeling 2 2 12 16 Drainage Memo and Calcs 4 2 8 14 Prepare Design Exhibit 2 8 10 QC 2 2 4 TOTAL MH - DRAINAGE DESIGN & EXHIBIT 13 0 4 0 0 33 0 0 0 50 LABOR COSTS Category - Description Rate MH Amount Project Manager PM $245.00 13 $3,185 Senior Civil Engineer Sn.CIV $205.00 0 $0 Senior Estimator Sr. EST $200.00 0 $0 Staff Civil Engineer Sf.CIV $175.00 4 $700 Assistant Estimator As. EST $160.00 0 $0 Assistant Civil Engineer Ast.CIV $150.00 33 $4,950 Designer DSNR $145.00 0 $0 CAD CAD $105.00 0 $0 Project Assistant PA $145.00 0 $0 Subtotal $8,835 Overhead 0.00% $0 Subtotal $8,835 Fixed Fee $0 FCCM 0.00% $0 Subtotal Labor Costs $8,835 ITEM Quantity Unit Rate Amount Mileage (1 site visits, and 1 meetings) 40 miles $0.700 $28.00 Subtotal Expenses $28.00 Subtotal Expenses (rounded) $28 TOTAL COSTS - DRAINAGE DESIGN & EXHIBIT $8,863 EXPENSES Justification of Costs and Fees October 21, 2025 Drainage On Call - Work Order 3 (7th and Church) MANHOURS Notes: 1. For any non-exempt personnel, approved overtime will be billed at 1.5 times the hourly labor billing rates shown. 2. For outside expenses incurred by the Design Subconsultant, such as authorized travel and subsistence, and for services rendered by others, Owner/Client shall pay the cost plus any mark-up identified in the Agreement. 3. The services of contract/agency and/or any personnel of a subsidiary to Consultant or its affiliates shall be billed to Owner according to the rate sheet as if such personnel is a direct employee of Consultant. 4. The rates shown above are effective for services through the dates shown and are subject to revision thereafter. Principal Project Manager Resident Engineer Hourly Billing Rate 285.00$ 245.00$ 190.00$ Project Director 275.00$ SCHEDULE OF HOURLY PROFESSIONAL SERVICE BILLING RATES THRU DECEMBER 31, 2026 CONTRACT TITLES AND BILL RATES Title Senior Estimator Assistant Estimator 145.00$ 160.00$ 145.00$ 185.00$ 250.00$ 250.00$ 185.00$ 260.00$ 215.00$ 175.00$ 175.00$ 150.00$ 225.00$ 175.00$ Project Assistant 205.00$ 145.00$ Assistant Environmental Scientist CAD Designer Public Involvement Associate Civil Engineer Staff Civil Engineer Assistant Civil Engineer Senior Civil Engineer Construction Manager Assistant Construction Manager Associate Environmental Scientist Senior Environmental Scientist Staff Environmental Scientist 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 I0 Molly Rawn, Mayor ATTEST: % AEgK'J,4q.a 49�5 SYn n';A v2�a By: Kara Paxton, City Clerk Treasurer F.NG F.F.R Title: Market Leader - Water Title: Group Lead - Water END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Master Professional Services Agreement — Olsson, Inc. 10 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #150-25 Approval Date: Original Contract Number: 46040.7425 Project Number Budget Impact: Misc Drainage Projects Fund Drainage Projects 2022 Bonds4704.860.7425-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2025-0836 Item ID N/A City Council Meeting Date - Agenda Item Only Mayors signature on work order #2 of the Master Professional Services Agreement with Burns McDonnell Engineering Company, Inc. in the amount of $115,190 associated with N Leverett Ave near W Cleveland St in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins-Weir Engineers and Olsson Associates to provide on-call drainage design services and approval of a budget adjustment N/A for Non-Agenda Item Action Recommendation: Submitted By Alan Pugh ENGINEERING (621) Division / Department 10/21/2025 Submitted Date Yes 115,190.00$ 115,190.00$ 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 115,190.00$ -$ Yes Yes 115,190.00$ 115,190.00$ TO: Molly Rawn, Mayor THRU: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Alan Pugh, Stormwater Manager DATE: October 21, 2025 SUBJECT: Mayors signature on work order #2 of the Master Professional Services Agreement with Burns McDonnell Engineering Company, Inc. in the amount of $115,190 associated with N Leverett Ave near W Cleveland St in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins-Weir Engineers and Olsson Associates to provide on-call drainage design services and approval of a budget adjustment RECOMMENDATION: Staff recommends the mayor sign work order #2 of the Master Professional Services Agreement with Burns McDonnell Engineering Company, Inc. in the amount of $115,190 associated with N Leverett Ave near W Cleveland St in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins-Weir Engineers and Olsson Associates to provide on-call drainage design services and approval of a budget adjustment. BACKGROUND: The Engineering Division has an internal design team that provides designs for transportation, drainage, sidewalk, and trail projects as well as designs for other divisions within the City. Due to the current workload as well as recent flooding events, additional capacity is needed for the analysis of flooding issues and design of projects to alleviate this flooding as a part of the design team. The City Council authorized the Mayor to enter into Master Professional Service Agreements in accordance with RFQ 25-01, selection 12 with the passage of Resolution 150-25 on July 1, 2025. This Resolution confirmed the selection of Burns & McDonnell Engineering Co, Inc, Hawkins-Weir Engineers, Inc and Olsson Associates, Inc as the firms currently approved to provide on-call drainage design services until June 30, 2026. DISCUSSION: This project includes design of storm drainage near the intersection of N Leverett Ave and W Cleveland to help alleviate flooding of two structures near this intersection along with street flooding. Both structures flood relatively frequently, and this has been identified as a priority project. This would allow for the completion of designs such that these projects could be bid out later and constructed. BUDGET/STAFF IMPACT: 2 The work order is proposed to be funded from 2022 Bond Drainage funds. Attachments: Staff Review Form Work Order #2 City of Fayetteville, Arkansas - Budget Adjustment Form 1 Errors 13udget Year Division Adjustment Number /0rg2 ENGINEERING (621) 2025 Requestor: Alan Pugh BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Mayors signature on work order #2 of the Master Professional Services Agreement with Burns McDonnell Engineering Company, Inc. in the amount of $115,190 associated with N Leverett Ave near W Cleveland St in accordance with Resolution 150-25 confirming the selection of Burns & McDonnell Engineering, Hawkins -Weir Engineers and Olsson Associates to provide on -call drainage design services and approval of a budget adjustment REQUEST DATE: 10/21/2025 Division Head Date Department Director Date Budget Division Date TYPE: Chief Financial Officer Date JOURNAL #: GLDATE: Chief of Staff Date CHKD/POSTED: TOTAL v.2025826 Increase / (Decrease) Proiect.Sub►t Account Number Expense Revenue Project Sub.Detl AT Account Name 4704.860.7999-5899.00 (115,190) 46040 7999 EX Unallocated - Budget 4704.860.7425-5860.02 115,190 46040 7425 EX "Capital Prof Svcs - Engineering/Architei K:\Engineering Design Services\Projects\Drainage Projects\On Call Drainage Design\2025\Burns McDonnell\Work Order\Work Order 2\BA_BurnsMcDonnel Work Order #2 1 of 2 OWNER AGREEMENT TASK ORDER (AE-2 Exhibit A) 1 WORK ORDER #2 FOR MASTER AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (Doc. No. AE-2) This Work Order is entered into and authorized this date _________________, 2025 by and between City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Burns & McDonnell Engineering Company, Inc. (hereinafter called ENGINEER) The parties agree that the ENGINEER shall perform the following Services in accordance with the terms of the Master Agreement for Professional Engineering Services dated __August 28___, 2025: 1. Scope of Services: See attached Scope of Work, Appendix A 2. Compensation: The basis of compensation for the above Services shall be: □· Lump Sum Fee of $_____________ □ · Hourly Rate per ENGINEER’s Rate Sheet, attached hereto Subject to a Not-to-Exceed Cap of $__115,190.00_____, without further authorization □ · Hourly Rate per ENGINEER’s Rate Sheet, attached hereto With no maximum □ ·Other, as follows (describe below): 3. Other Terms: (describe below) A. The terms of this Task Order supersede any contrary terms of the Engineer-Owner Agreement. IN WITNESS WHEREOF, the parties have made and executed this TASK ORDER as of the day and year first above written. OWNER: City of Fayetteville, Arkansas ENGINEER: Burns & McDonnell Engineering Company, Inc. By: By: Name: Molly Rawn Name: Jonathan Ely Title: Mayor Title: Associate / Project Manager October 31st City of Fayetteville, Arkansas Work Order #2 (Leverett and Cleveland Drainage Improvements) Page 1 of 4 SCOPE OF WORK APPENDIX A LEVERETT AVENUE AND CLEVELAND STREET DRAINAGE IMPROVEMENTS DESCRIPTION OF THE PROJECT The proposed project design will require surveys, hydrologic and hydraulic studies, 30% roadway design and restoration plans, and storm drainage design. The project will consist of: •Drainage improvements consisting of: o New storm drain inlets, pipes and overland flow channels in the vicinity of 737 N Leverett Avenue (See Scope of Work Exhibit A1), New drainage system to be designed along south side of 737 N Leverett to replace existing piped system currently located under the building. New drainage system will extend south to the intersection with W Cleveland Street, then west to existing drainage channel near 901 W Cleveland Street. Improvements will be designed to supplement and improve stormwater conveyance and reduce flooding of adjacent properties, by providing relief and increased capacity for the existing system. The existing open channel and drainage system between W Cleveland Street and the southwest corner of 737 N Leverett Avenue will remain in place, and will continue to serve as the primary drainage conveyance. Existing storm drainage system at the intersection of W Cleveland Street / N Storer Avenue and at W Cleveland Street / N Leverett Avenue will be rerouted into the new drainage system where feasible. o New curb, flume or open channel along the west side of 832 W Eagle Street, to improve stormwater conveyance, direct runoff to Eagle Street and reduce flooding on the property. o Street, driveway, sidewalk and property restoration back to existing conditions. SERVICES PROVIDED BY THE CITY OF FAYETTEVILLE: 1. Provide and coordinate the necessary public meetings. (If required) 2. Publish and pay for public notices and legal notices. (If required) 3. Provide appropriate translation services at public meetings as necessary. (If required) 4. Provide plan reviews and comments at each stage of design development. 5. Coordinate with franchise utilities and handle utility adjustments, as needed. 6. Handle construction engineering and inspection services, as needed. 7. Handle easement and right-of-way appraisals and acquisitions, as needed. 8. Handle project bidding, including advertisement, distribution of bid documents, distribution of Addenda, and bid opening (if required). FIELD SURVEYS AND MAPPING Engineer will establish site control and complete all the required field work to produce a topographic survey, ownership and easement maps in accordance with the project limits and specifications outlined in the provided Scope Map (Exhibit A1). City of Fayetteville, Arkansas Work Order #2 (Leverett and Cleveland Drainage Improvements) Page 2 of 4 All improvements including surface evidence of franchise utilities, storm drainage and sanitary system information affecting the site will be shown. Drainage and sanitary pipe size and type and elevation data will be depicted. The survey will include spot elevations to determine 1-foot contour intervals and coverage will extend 5 feet beyond the limit lines. Topographic survey will also include a minimum of 4 site control points/benchmarks at each site and will be depicted on the final drawing. Topographic deliverables include TIN surface in AutoCAD. Tasks include: 1. Primary project horizontal control traverses 2. Elevation control —Three-Wire Level 3. Topography and terrain data collection 4. Field data processing 5. Digital Terrain Modeling 6. Utility locations as marked by ARKUPS 7. Boundary Survey for Ownership Maps 8. Title search DESIGN AND PLANS The following design tasks will be performed for the project: 1. HYDROLOGIC AND HYDRAULIC MODELING This task represents the hydrologic and hydraulic 2D dynamic modeling efforts to establish baseline existing conditions and simulated performance of proposed improvements. ENGINEER shall complete the baseline stormwater system assessment by conducting hydrologic and hydraulic dynamic 2D rain-on-grid modeling of the drainage area (approximately 53 acres) to the project area as shown in watershed figure (Exhibit A2) using PC-SWMM. ENGINEER shall use rainfall depths and distributions from City of Fayetteville’s stormwater design manual and/or mutually agreed to design events. ENGINEER shall conduct 2D modeling of the project area and validate the model results correlating up to two (2) historic flood event data/information/observations provided by City of Fayetteville. ENGINEER has the right to rely on the data and information provided by or through City of Fayetteville during the execution of this Project as reliable and accurate without independent verification. ENGINEER shall model the 2-, 5-, 10-, and 100-year storms. ENGINEER shall simulate up to two recent storm events to confirm that model results represent current conditions. ENGINEER will use the existing conditions PC-SWMM model to simulate the proposed improvements to determine expected performance. Impacts of improvements will be evaluated to determine change in flood risk for a range of simulated storm events to verify stormwater level of services and to demonstrate no adverse impacts upstream or downstream from project area. City of Fayetteville, Arkansas Work Order #2 (Leverett and Cleveland Drainage Improvements) Page 3 of 4 ENGINEER will host a model workshop with City of Fayetteville staff to review the 2D flood extents for different design events for both existing and proposed conditions. ENGINEER will document modeling approach and results in a hydrologic and hydraulic model memo. 2. CONCEPTUAL DESIGN (30% Submittal) a. Conduct Utility Coordination Kick Off Meeting with all city and franchise utility providers to identify utility conflicts associated with proposed improvements. Report summary of findings. b. Engineer to perform up to (5) site visits for the following purpose: 1. One site visit at project kick off to photograph and document existing conditions. 2. One site visit at completion of survey work to field check survey data. 3. Two periodic site visits to document field conditions and drainage patterns during rainfall events. 4. One site visit at completion of 30% design to perform 30% field check and walk through. Will invite city staff to be included. c. Based on Hydrologic and Hydraulic Modeling section above, Engineer shall develop and submit Conceptual Design (30% Design) Plans to include the following sheets: 1. Title Sheet, 2. Overall Project Map 3. Plan and Profile Sheets showing the proposed drainage improvements, 4. Restoration Plan sheets and typical sections showing extent of anticipated restoration for impacted streets, driveways, sidewalks and private property. d. Provide Opinion of Probable Construction Cost e. Provide one electronic pdf of the Design Plans, and AutoCad/Civil 3D files (if requested) for plan review. PROJECT MANAGEMENT 1. The Engineer shall: a. Notify the City of Fayetteville of its schedule, in advance, for all activities. b. Provide monthly updates to the detailed project schedule. c. Project Controls: prepare for and coordinate invoices and billing with the City of Fayetteville. d. Conduct an initial review and update of the preliminary project scope, detailed project schedule, and preliminary estimate at major project milestones. e. Recommend scope, schedule, and budget changes and submit supporting documentation including efforts to minimize or mitigate the changes in accordance with procedures outlined by the City of Fayetteville. f. Client Coordination and Subconsultant Coordination g. The Engineer shall maintain ongoing communication with the City of Fayetteville and Subconsultants for items such as work activities, billing, and miscellaneous coordination. PROJECT CONDITIONS OF THE WORK The facility shall be designed in accordance with the latest edition of the following Standards and Specifications from City of Fayetteville. • Drainage Criteria Manual (DCM), o Additional guidance regarding design criteria will be determined by the City of Fayetteville depending on the situation. This may result in some pipes that are oversized, or undersized compared with guidance of the DCM. City of Fayetteville, Arkansas Work Order #2 (Leverett and Cleveland Drainage Improvements) Page 4 of 4 •Minimum Street Standards, •Standard Specifications for Street and Drainage Construction, and •Standard Specifications for Design and Construction of Water lines and Sewer lines, All plans and surveys shall be in U.S. Foot Units and based on Arkansas State Plane Grid, localized in the existing City of Fayetteville Control Network. Construction specifications shall be the current edition of the City of Fayetteville Standard Specifications for Street and Drainage Construction, supplemented by the 2014 Arkansas Department of Transportation Specifications for Highway Construction. Work performed by the Engineer shall comply with applicable Federal, State, and local laws, regulations, and ordinances. This scope of work does not represent final design for the project, and additional engineering design would be required to progress the project to bidding for construction. These services may be added via amendment, or additional Work Order. COORDINATION WITH THE CITY OF FAYETTEVILLE Coordination meetings will be conducted on an as needed basis. These meetings shall include the Engineer, the City of Fayetteville, and others, as appropriate. The Engineer shall schedule these meetings with the City of Fayetteville, and compile and distribute meeting minutes, as required. DELIVERABLES A. Conceptual Design Phase (30%) 1. Topographic and Boundary Survey 2. Utility Coordination and Summary of Findings 3. Hydrologic and Hydraulic Memo 4. 2D Model Review Workshop 5. 30% Complete Design Plans 6. 30% Opinion of Probable Construction Cost EXHIBIT A1 SCOPE MAP Flooding reported at 832 W Eagle from Alley. Possibly just add curb along east edge. Include in this project. Flooding at this building not enough capacity here. Evaluate drainage patterns and redirect to storm drain if feasible. Depending on costs, might break this into a "phase 1" portion of the project. Scope of work is to design a solution that would provide relief during large storm events to alleviate downstream flooding. Would supplement existing system, not replace. Would include capture and conveyance of stormwater around building at 718 N Leverett New pipe flowing east, along south lane of road. 3'-5' of separation from sewer Tie to headwall at higher elevation here. New pipe will run east down Cleveland to serve as overflow relief of main channel. reroute pipes and inlets on Storer to new system Survey Limits -Topo -Utilities -Parcel Survey Existing channel and adjacent areas. Dense vegetation in channel, so if too difficult to survey entire channel, it may be sufficient to have up stream and downstream inverts, with cross sections every 100ft. Collect low opening elevations of structures adjacent to existing channel. drainage easement for new pipe in this area. reroute inlet to new system. EXHIBIT A1 SCOPE MAP EXHIBIT A2 DRAINAGE AREA MAP WORK ORDER #1 SERVICES HOURS SALARY EXPENSES TOTAL PROJECT ADMIN AND MANAGEMENT 60 $12,300 $0 $12,300 PRELIMINARY (30%) DESIGN & PLANS 408 $73,440 $105 $73,545 SUBTOTAL DESIGN PHASE 468 $85,740 $105 $85,845 SUBCONSULTANTS SURVEY - Halff $29,345 $29,345 SUBTOTAL SUBCONSULTANTS DESIGN PHASE 0 $0 $29,345 $29,345 TOTAL WORK ORDER #1 SERVICES 468 $85,740 $29,450 $115,190 Drainage On Call - Work Order 2 Leverett Avenue and Cleveland Street Drainage Improvements Justification of Costs and Fees September 24, 2025 PROJECT SUMMARY PROJECT ADMIN AND MANAGEMENT TASK PD PM CM Ast. CM Sr. EST As. EST PA TOTAL Scheduling and Mangement (Inclding Subs) 24 12 36 Client Progress Reports and Invoicing 12 12 24 TOTAL MH - PROJECT ADMIN AND MANAGEMENT 0 36 0 0 0 0 24 60 Category - Description Rate MH Amount Project Director PD $275.00 0 $0 Project Manager PM $245.00 36 $8,820 Construction Manager CM $250.00 0 $0 Assistant Construction Manager Ast. CM $185.00 0 $0 Senior Estimator Sr. EST $225.00 0 $0 Assistant Estimator As. EST $175.00 0 $0 Project Assistant PA $145.00 24 $3,480 Subtotal Labor Costs $12,300 ITEM Quantity Unit Rate Amount $0.00 Subtotal Expenses $0.00 Subtotal Expenses (rounded) $0 TOTAL COSTS - PROJECT ADMIN AND MANAGEMENT $12,300 LABOR COSTS EXPENSES MANHOURS Justification of Costs and Fees September 24, 2025 Leverett Avenue and Cleveland Street Drainage Improvements Drainage On Call - Work Order 2 PRELIMINARY (30%) DESIGN & PLANS TASK PM Sn.CIV Sf.CIV Sr. EST As. EST Ast.CIV DSNR CAD PA TOTAL Site Visits 20 20 40 Hydrological and hydraulic maping and modeling 20 76 20 116 Prepare Design Drawings 20 40 60 60 180 OPCC 8 16 24 Project Coordination 12 12 24 QC 12 12 24 TOTAL MH - PRELIMINARY (30%) DESIGN & PLANS 84 12 116 8 16 112 60 0 0 408 LABOR COSTS Category - Description Rate MH Amount Project Manager PM $245.00 84 $20,580 Senior Civil Engineer Sn.CIV $205.00 12 $2,460 Senior Estimator Sr. EST $225.00 8 $1,800 Staff Civil Engineer Sf.CIV $175.00 116 $20,300 Assistant Estimator As. EST $175.00 16 $2,800 Assistant Civil Engineer Ast.CIV $150.00 112 $16,800 Designer DSNR $145.00 60 $8,700 CAD CAD $160.00 0 $0 Project Assistant PA $145.00 0 $0 Subtotal Labor Costs $73,440 ITEM Quantity Unit Rate Amount Mileage (5 site visits, 2 in person coordination metings) 150 miles $0.700 $105.00 Subtotal Expenses $105.00 Subtotal Expenses (rounded) $105 TOTAL COSTS - PRELIMINARY (30%) DESIGN & PLANS $73,545 EXPENSES Justification of Costs and Fees September 24, 2025 Drainage On Call - Work Order 2 Leverett Avenue and Cleveland Street Drainage Improvements MANHOURS Notes: 1. For any non-exempt personnel, approved overtime will be billed at 1.5 times the hourly labor billing rates shown. 2. For outside expenses incurred by the Design Subconsultant, such as authorized travel and subsistence, and for services rendered by others, Owner/Client shall pay the cost plus any mark-up identified in the Agreement. 3. The services of contract/agency and/or any personnel of a subsidiary to Consultant or its affiliates shall be billed to Owner according to the rate sheet as if such personnel is a direct employee of Consultant. 4. The rates shown above are effective for services through the dates shown and are subject to revision thereafter. Principal Project Manager Resident Engineer Hourly Billing Rate 285.00$ 245.00$ 190.00$ Project Director 275.00$ SCHEDULE OF HOURLY PROFESSIONAL SERVICE BILLING RATES THRU DECEMBER 31, 2026 CONTRACT TITLES AND BILL RATES Title Senior Estimator Assistant Estimator 145.00$ 160.00$ 145.00$ 185.00$ 250.00$ 250.00$ 185.00$ 260.00$ 215.00$ 175.00$ 175.00$ 150.00$ 225.00$ 175.00$ Project Assistant 205.00$ 145.00$ Assistant Environmental Scientist CAD Designer Public Involvement Associate Civil Engineer Staff Civil Engineer Assistant Civil Engineer Senior Civil Engineer Construction Manager Assistant Construction Manager Associate Environmental Scientist Senior Environmental Scientist Staff Environmental Scientist