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HomeMy WebLinkAbout090-26 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 90-26 File Number: 2026-997 A RESOLUTION TO AWARD RFQ #25-0t, SELECTTON 17, AND AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $634,940.00 FOR SERVICES ASSOCIATED WITH UTILITY RELOCATIONS REQUIRED BY ARDOT, AND TO APPROVE A BUDGET AMENDMENT WHEREAS, the Arkansas Department of Transportation (ARDOT) has notified the City of Fayetteville that we must relocate water infrastructure in the vicinity of the Highway-264 and Primrose Lane intersection in Springdale because ARDOT is planning a new section of Interstate6l2 (also called the Springdale Bypass) to connect to Highway-4l2 near Beaver Lake; and WHEREAS, the project scope includes relocation of approximately 1,800 linear feet of 36-inch and 1,800 linear feet of 42-inch water transmission line but, due to necessary realignments, it is estimated the total length of the replacement will be up to 8,000 linear feet; and WHEREAS, this professional engineering services agreement will include a survey, preliminary engineering design, and cost estimations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #25-01, Selection 17, and authorizes Mayor Rawn to sign professional engineering services agreement with McClelland Consulting Engineers, Inc. in an amount not to exceed $634,940.00 for services associated with utility relocations in the vicinity of Highway- 264 and future Interstate-612 as required by ARDOT. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget amendment, a copy of which is attached to this Resolution. PASSED and on April 7 ,2026 Attest: Molly Page 1 Kara Paxton, City C Treasurer I: a F Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-997 MEETING OF APRIL 7, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: McClelland Consulting Engineers, Inc. - Professional Engineering Services Agreement for Utility Relocations Required by ARDOT Project 012366 (612-E and HWY 264 Vicinity) RECOMMENDATION: Staff recommends approval of an engineering services agreement with McClelland Consulting Engineers, Inc, pursuant to RFQ 25-01, Selection #17, for professional services associated with ARDOT Project 012366 Utility Relocations in the vicinity of Highway-264 and future Interstate-612 in an amount not to exceed $634,940.00, and approval of a budget amendment. BACKGROUND: The Arkansas Department of Transportation (ARDOT) has notified the City of Fayetteville to relocate water infrastructure in the vicinity of the Highway-264 and Primrose Lane intersection in Springdale, AR. ARDOT is planning a new section of Interstate-612 (also called the Springdale Bypass) to connect to Highway-412 near Beaver Lake. After receiving this notification, a formal selection committee was held on November 6, 2025, at which McClelland Consulting Engineers was selected for contract negotiations (RFQ 25-01, Selection 17). DISCUSSION: The project scope includes relocation of approximately 1,800 linear feet of 36-inch and 1,800 linear feet of 42- inch water transmission line. Due to necessary realignments, it is estimated the total length of the replacement will be up to 8,000 linear feet. Much of this project appears to be reimbursable to the City by ARDOT. However, preliminary engineering must be completed first to determine exact qualifications. Afterward, a formal relocation agreement will be presented to the City Council outlining the terms of reimbursement. This engineering services agreement will include survey, preliminary engineering design, and cost estimations. Future amendments will be necessary for the design to be finalized and bid-ready. BUDGET/STAFF IMPACT: The proposed contract is hourly in the maximum not-to-exceed amount of $634,940.00. A budget amendment is attached to transfer funds from the Water System Rehabilitation account to the Water & Sewer Relocations account. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: 3. Staff Review Form, 4. Budget Amendment, 5. Agreement, 6. ARDOT 012366 Authorization to Use Consultant Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-997 A RESOLUTION TO AWARD RFQ #25-01, SELECTION 17, AND AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $634,940.00 FOR SERVICES ASSOCIATED WITH UTILITY RELOCATIONS REQUIRED BY ARDOT, AND TO APPROVE A BUDGET AMENDMENT WHEREAS, the Arkansas Department of Transportation (ARDOT) has notified the City of Fayetteville that we must relocate water infrastructure in the vicinity of the Highway-264 and Primrose Lane intersection in Springdale because ARDOT is planning a new section of Interstate 612 (also called the Springdale Bypass) to connect to Highway-412 near Beaver Lake; and WHEREAS, the project scope includes relocation of approximately 1,800 linear feet of 36-inch and 1,800 linear feet of 42-inch water transmission line but, due to necessary realignments, it is estimated the total length of the replacement will be up to 8,000 linear feet; and WHEREAS, this professional engineering services agreement will include a survey, preliminary engineering design, and cost estimations. 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 17, and authorizes Mayor Rawn to sign professional engineering services agreement with McClelland Consulting Engineers, Inc. in an amount not to exceed $634,940.00 for services associated with utility relocations in the vicinity of Highway-264 and future Interstate-612 as required by ARDOT. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget amendment, a copy of which is attached to this Resolution. City of Fayetteville Staff Review Form 2026-997 Item ID 4/7/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Tim Nyander 3/18/2026 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of an engineering services agreement with McClelland Consulting Engineers, Inc. for professional services associated with ARDOT Project 012366 Utility Relocations in the vicinity of Highway-264 and future Interstate-612 in an amount not to exceed $634,940.00, and approval of a budget amendment. Budget Impact: 5400.720.5600-5860.02 Water & Sewer Account Number Fund 11011.2601 Water & Sewer Relocations Project Number Project Title Budgeted Item?Yes Total Amended Budget $12,572,493.00 Expenses (Actual+Encum)$12,455,464.13 Available Budget $117,028.87 Does item have a direct cost?Yes Item Cost $634,940.00 Is a Budget Amendment attached?Yes Budget Amendment $634,940.00 $305.00 Remaining Budget $117,028.87 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments:RFQ 25-01, Selection 17 City of Fayetteville, Arkansas - Budget Amendment/Adjustment (Agenda) Budget Year Division /Org2 WATER SEWER (720) BA Number 2026 Requestor:Cheryl Partain BUDGET AMENDMENT/ADJUSTMENT DESCRIPTION: A budget amendment is needed within the Water and Sewer Relocation Project to cover the engineering cost of the Hwy 612 East Relocation Project. Project will relocate water infrastructure in the vicinity of the Hwy 264 and Primrose Lane intersection. The project scope includes relocation of approximately 1,800 linear feet of 36 inch and 1,800 linear feet of 42 inch water transmission lines. Much of the project will be reimbursable by ARDOT. Percentage of project that is reimbursable has not been determined yet. Budgeted funds from the Water System Rehabilitation and Replacement project are being moved to cover the engineering cost. COUNCIL DATE:4/7/2026 ITEM ID#:2026-997 Holly Black 3/19/2026 9:07 AM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.202635TOTAL-- Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 5400.720.5600-5860.02 634,940 -11011 2601 EX Capital Prof Svcs - Engineering/Architectural 5400.720.5600-5808.00 (634,940)-12009 1 EX Improvements - Water Line -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 2 -- -- -- -- Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 2 of 2 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And MCCLELLAND CONSULTING ENGINEERS, INC. I-612 East Utility Relocations 1 THIS AGREEMENT is made as of , 2026, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and McClelland Consulting Engineers, Inc. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE’s professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER’s services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. April 7 I-612 East Utility Relocations 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 Utilities Director is the CITY OF FAYETTEVILLE’s project representative with respect to the services to be performed under this Agreement. The Utilities 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 $634,940.00. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly not-to-exceed 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 I-612 East Utility Relocations 3 be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE’s approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER’s statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE’s claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: 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 I-612 East Utility Relocations 4 ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER’s services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER’s services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER’s services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER’s experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors’ procedures and methods, unavoidable delays, construction Contractors’ methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER’s services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. I-612 East Utility Relocations 5 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER’s default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another 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. I-612 East Utility Relocations 6 6.7 Rights and Benefits 6.7.1 ENGINEER’s services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER’s employees and the importance of ENGINEER’s public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER’s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE’s advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE’s comments to ENGINEER CITY OF FAYETTEVILLE may require I-612 East Utility Relocations 7 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: 1580 East Sterns Street Fayetteville, Arkansas 72703 I-612 East Utility Relocations 8 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE’s internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE’s review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE’s review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER’s negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER’s obligations under this clause are in addition to ENGINEER’s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter-claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising I-612 East Utility Relocations 9 out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 7 .5.1 Gratuities If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding. amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7 .5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 7.6.1 Arkansas Freedom of Information Act 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- I 9- I 0l 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 F YETTEVILLE. ARKANSAS ENGINEER By Mayor, Molly Rawn Daniel P.E., President, Fayettevil le ATTEST: By Title: President. Favetteville City Clerk-Treasurer, END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES . FAYETTEVILIf l-612 East Utility Relocations l0 Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 1 of 10 3/9/2026 APPENDIX A – SCOPE OF SERVICES ENGINEERING SERVICES AGREEMENT FOR THE I-612 EAST UTILITY RELOCATIONS 1.0 General McClelland Consulting Engineers (ENGINEER) has received a Notice of Selection from CITY OF FAYETTEVILLE for the utility relocations associated with the A RDOT Extension of I-612 East North of Fayetteville (Lowell) Project. The potential project would require the CITY OF FAYETTEVILLE to relocate approximately 3,000 linear feet of both a 36-inch ductile iron pipe (DIP) transmission main and 42-inch prestressed concrete cylinder pipe (PCCP) transmission main near Lowell, Arkansas. As such, The ENGINEER has established a scope of services for preliminary engineering; to establish an alignment, to prepare easement exhibits and descriptions, to assist in obtaining easements, and to produce conceptual plans and cost estimates for water transmission main relocations. The final design phase and services during construction will be addressed through future amendments to this contract. 2.0 Scope of Services 2.1 Project Management and Coordination  The ENGINEER will conduct progress meetings with the CITY OF FAYETTEVILLE. It is assumed that progress meetings will be monthly; however, the ENGINEER is available to meet more frequently if required.  The ENGINEER will attend up to one (1) Water and Sewer Committee Meetings and up to three (3) meetings with other stakeholders (such as BWD and ARDOT) at the request of the CITY OF FAYETTEVILLE.  The ENGINEER will conduct meetings with the CITY OF FAYETTEVILLE to discuss the status of easements and land acquisition. These meetings are anticipated to occur once the CITY OF FAYETTEVILLE begins interacting with landowners.  The ENGINEER will conduct internal progress meetings every other week as the project progresses.  The ENGINEER will maintain the schedule and present schedule updates to the CITY OF FAYETTEVILLE.  The ENGINEER will prepare invoices to the CITY OF FAYETTEVILLE as the project progresses. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 2 of 10 3/9/2026 2.2 GIS Services  Create and maintain ESRI GIS Project Delivery Database utilizing an interactive web map to organize the project information and documents.  Create exhibits for initial alignments, easements, and other pertinent information.  Create and maintain ESRI ArcGIS Field Application allowing the engineer to collect data in the field and add it to the Project Delivery Database. 2.3 Preliminary Engineering The ENGINEER will prepare a technical memorandum (TM) for major items associated with the design of the relocation of the existing 36-inch and 42-inch water transmission mains. Individual TMs will be submitted to the CITY OF FAYETTEVILLE for review and comment as they are completed. The ENGINEER will address review comments and finalize each TM. Upon completion of all final TMs, the ENGINEER will compile them into a complete document and provide it to the CITY OF FAYETTEVILLE. The following is a list of TMs to be prepared for this project.  TM No. 1 – Alignment Study and Selection The ENGINEER will conduct a desktop alignment study which will evaluate up to three (3) alternative alignments that will be outside of the proposed I-612 right-of-way except for the required crossings of the right-of-way. Additionally, design workshops will be conducted to further discuss the findings with the CITY OF FAYETTEVILLE. Ultimately, the ENGINEER will recommend an alignment for the relocation of the existing 36-inch and 42-inch transmission mains, and these results will be provided within TM No. 1. The alignment study will include the following tasks: o Review ARDOT Preliminary Plans and subsequent design plans. o Coordinate with other entities and utilities affected by the ARDOT Project. o Review existing land records and evaluate proposed easements per alignment. o Review as-built data and record drawings of the existing transmission mains. o Utilize GIS to review available data from the U.S. Fish and Wildlife Service to evaluate anticipated wetlands, endangered species, and karst features. o Desktop review of available Geotechnical information. o Field reconnaissance to supplement the desktop evaluation and identify potential challenges with the proposed alignments. o An order of magnitude cost estimate will be prepared to compare the alternatives. o The appraiser will assist in the alignment selection process by completing a market study, to compare the various alignments. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 3 of 10 3/9/2026  TM No. 2 – Hydraulics and Transmission Main Sizing The relocation of the existing 36-inch and 42-inch transmission mains is a large financial undertaking. As such, the ENGINEER will evaluate the transmission main sizing to ensure the new transmission mains provide the CITY OF FAYETTEVILLE with a sufficient service life based on the continued growth of Northwest Arkansas. It is anticipated that both lines will be upsized to 48-inch diameter; however, evaluating smaller sizes and a single larger main will be evaluated. The results of this evaluation will be provided within TM No. 2 and will include the following tasks: o Review the existing master plans for both the CITY OF FAYETTVILLE and Beaver Water District (BWD). o Coordinate with BWD on future upgrades to their system and evaluate the implications of the size of these transmission mains. o Coordinate with the CITY OF FAYETTVILLE on future capacity of their system. o Coordinate with ARDOT on reimbursement options as it relates to the size of the relocated transmission mains. o Perform hydraulic calculations on various sizes of new transmission mains to review head loss with the anticipated design flow for the transmission mains. o Calculate anticipated operating pressures and maximum surge pressures along the project alignment. o Prepare hydraulic grade line exhibit along project alignment. Provide preliminary calculations on sizing and initial recommendations on locations of combination air valves and blow off valves.  TM No. 3 – Pipe Material and Coating The existing 36-inch DIP and 42-inch PCCP transmission mains were installed in the late 1960’s and early 1990’s respectively. Since that time, the industry has seen many advances in both DIP and PCCP options, in addition, spiral welded steel pipe (SWSP) has become a viable material option for water transmission mains. The purpose of this memo will be to review these pipe materials as related to the relocation of the transmission mains. Cost implications on materials and size of transmission main will be included. The various coating systems for the materials will be evaluated and be included in material selection. This information will be provided within TM No. 3 and will include the following tasks: o Review the benefits and disadvantages of all three pipe materials; DIP, PCCP, and SWSP including the design and installation requirements. o Evaluate options for the connections to the existing DIP and PCCP water transmission mains. o Review the recommended coating systems for both the interior and exterior of the pipe. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 4 of 10 3/9/2026  TM No. 4 – Pipe Design All three (3) pipe products discussed in TM No. 3 include their own specific design requirements that require an evaluation of a variety of factors. These factors will be used determine the specific pipe designed for the project. For example, DIP is generally a pressure class design where as PCCP and SWSP include wall thickness design. This TM will evaluate the specific design aspects for the material selected in TM No. 3. The following tasks will discuss these factors, and will comprise TM No. 4: o Determine pipe design on the specific material selected in TM No. 3. o Provide recommendations based on pipe design of the selected materials as require to move forward with final design. o It is anticipated that TM No. 4 will be updated during final design of the transmission main.  TM No. 5 – Preliminary Corrosion Protection To maintain structural integrity and ensure a long service life, special attention must be paid to corrosion protection systems. The ENGINEER will utilize the professional expertise of Coffman Engineers to perform an evaluation of the corrosion risk and mitigation methods relevant to these transmission mains. The results of this analysis will comprise TM No. 5, and will include the following tasks: o Review alignment and materials for both existing and proposed transmission mains, including evaluation of the interaction between the facilities. o Identify metallic below-grade utilities/pipelines belonging to other utility providers. Perform preliminary evaluation to estimate likelihood of DC stray current interference from these utilities, and coordinate with their personnel to obtain all necessary information. o Identify overhead high voltage transmission power line crossings and co- locations. Perform preliminary risk assessment to estimate likelihood of AC stray current interference and coordinate with utility personnel to obtain necessary information. o Determine electrical continuity bonding and electrical isolation requirements. o Determine corrosion monitoring (test station) requirements. o Evaluate the need for cathodic protection (CP). If CP is warranted, provide a description of the anticipated CP system type, locations, and operation/maintenance considerations. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 5 of 10 3/9/2026  TM No. 6 – Utility Conflicts, Permit Requirements, and Constructability Every major construction project will experience the potential of utility conflicts, necessary permits, and constructability challenges. To aid in avoiding or mitigating these factors, TM No. 6 will include the following tasks: o Building on TM No. 1, coordinate with the identified major utilities anticipated on the selected alignment, including the anticipated/proposed relocated utilities. o Identify potential constructability concerns, such as steep slopes, adjacent development, and other areas of concern, then provide recommendations on addressing those concerns. o Determine sections of the alignment that will need to be installed in a manner other than open cut (trenchless installation). o Coordinate with local, state, and federal agencies to identify potential permits required, including but not limited to ARDOT utility crossing permits, Section 404 permit, and city/county road crossing permits. o Provide anticipated timelines for obtaining each type of permit. 2.4 Environmental Consulting Services o The ENGINEER will subcontract Section 404 consulting services to ECCI, Jimmy Rogers with ECCI. o Recommend considerations on the alignment based on an Evaluation of Section 404 Waters of United State sand Threated and Endangered Species per each of the three (3) alternatives in TM No. 1. o ECCI will also provide formal delineation of Section 404 Wetlands on the selected alignment as well as Section 404 Permitting Activates if required. 2.5 Topographic Surveys Once TM No. 1 (Alignment Study and Selection) is completed and accepted by the CITY OF FAYETTEVILLE, the ENGINEER will begin topographic surveys of the selected alignment. The anticipated survey corridor will be 150-feet wide and centered on the selected alignment. It is assumed the total length will be approximately 4,000 linear feet, resulting in a total corridor area of approximately 14 acres. The topographic surveys will typically include the following details listed below:  Street curb lines, asphalt edges, road crown, and visible striping.  Parking areas, light-poles, and bollards.  Buildings, sheds, and finish floor elevations.  Above ground utility fixtures and structures.  Underground utility lines as marked by utility location services.  Drainage ditches, ponds, stormwater pipes, and related structures. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 6 of 10 3/9/2026  Fences, gates, and driveways.  Detectable land corners and property markers.  Other features as may be visible from ground observation. The ENGINEER will provide landowners written notification prior to beginning field work (letter via USPS and doorhangers) to alert residents that surveyors will be in the area. Project control points used to complete the topographic survey will be established in the field for future use during construction. The ENGINEER will contact Arkansas 811 and wait the allotted 48 hours prior to beginning the survey, to allow time for utilities to be field located by the appropriate personnel. The ENGINEER will coordinate with known utility providers to confirm the likely facilities in the project area. 2.6 Easement Acquisition Once TM No. 1 (Alignment Study and Selection) is completed and accepted by the CITY OF FAYETTEVILLE, The ENGINEER will begin assisting in the easement acquisition process. It is anticipated that a maximum number of twelve (12) parcels will be required for the project, with an anticipated width of 100-feet. The following is a detailed scope of work for this item:  Boundary Resolution o Records research, field research, and boundary resolution of the property lines along the selected alignment. Boundary resolution will be limited to property lines necessary to produce the project drawings, and any necessary for the preparation of easement documents. o Coordination and evaluation of title research through the services of a third- party title research company. o Prepare parcel exhibits and legal descriptions of both permanent easements and temporary construction easements. o Exhibit maps and descriptions will be prepared for up to 12 parcels. Exhibit maps will show any easements needed for each parcel, and will be accompanied by separate descriptions for each area. This scope includes one update to the documents for each easement, based on field conditions or property owner concerns. Updates will not be made without the direction of the CITY OF FAYETTEVILLE.  Appraisal Services o Appraisals will be completed by a third-party Appraiser and reviewed by the ENGINEER. o If applicable, the ENGINEER will evaluate the third-party appraisals in comparison to available ARDOT appraisals. o The appraisals will be provided to the CITY OF FAYETTEVILLE for review. o It is anticipated that a maximum of 12 appraisals will be required. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 7 of 10 3/9/2026  Property Owner Coordination and Negotiation o Preparation of draft offer letters including relevant easement exhibits and descriptions will be submitted to the CITY OF FAYETTEVILLE for review and use. It is anticipated that the CITY OF FAYETTEVILLE will share the offer letters directly with property owners. o Coordination with property owners as needed to explain and describe the required easements. o Coordination with the CITY OF FAYETTEVILLE land agents as required to assist in acquiring the easements. o Assist the CITY OF FAYETTEVILLE in negotiating with property owners to finalize easements needed for this project. 2.7 Geotechnical Investigation The ENGINEER will conduct a detailed geotechnical investigation along the selected project alignment. The following is a detailed scope of work for this item:  Geotechnical Exploration and Field Services o Up to eight (8) geotechnical borings along the selected route. o Boring locations will be strategically placed across the project alignment and at significant crossing locations in an effort to provide sufficient subsurface information for the design of the proposed water transmission main relocations. o Borings will be generally located at a consistent distance along the alignment and at anticipated trenchless installation locations. o Target depth is anticipated at 20 feet below existing surface elevations except for trenchless installation locations, which may require depth that exceeds 30 feet depending on the roadway plans. o The borings will utilize auger drilling techniques to advance to their respective target depths or until materials resulting in auger refusal are encountered; at that point, rock coring will be utilized. o Soil sampling will occur at each location. The soil sampling methods will utilize a two-inch diameter split-spoon sampler using the continuous soil sampling method by means of Standard Penetration Testing (SPT) to 10 feet and every 5 feet thereafter. Soil sampling will be conducted in general accordance with ASTM D1586 - Standard Test Method for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils. o Groundwater observations will be made at the time of drilling and prior to backfilling. Long-term groundwater monitoring will be completed at up to two (2) locations with the installation of up to two (2) piezometers. These piezometers will be monitored approximately every two weeks. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 8 of 10 3/9/2026 o Boreholes will be backfilled the same day they are drilled, following best practice guidelines. The ENGINEER will make every reasonable effort to minimize the waste generated, and the disturbance to the site. Project borings conducted in pavement areas will be patched with like materials following completion of the boring. The ENGINEER will not be held accountable for complete site restoration including landscaping and/or grading.  Laboratory Testing and Analysis o Laboratory analysis will be performed on the recovered samples to determine the engineering properties of the project soil strata. Laboratory testing will be conducted in accordance with all relevant American Society for Testing and Materials (ASTM) designations. o Additional third-party laboratory testing will be performed on recovered samples for corrosion potential, which will include testing for soil resistivity, pH, sulfates, chlorides, sulfides, and redox potential.  Geotechnical Report o The ENGINEER will develop a written geotechnical report to include the following scope items: o Site Description. o Detailed Evaluation of Subsurface Conditions. o Seismic Considerations. o Lateral Earth Pressures. o Groundwater Conditions. o In-Situ Rock Properties and Elevations. o Additional items may include frost penetration depth, wet weather construction considerations, and recommended construction monitoring. o The final report will be submitted to the CITY OF FAYETTEVILLE, and findings from this report will also be incorporated into the relevant preliminary design items. 2.8 Conceptual Plans Once TM No. 1 has been completed and accepted by the CITY OF FAYETTEVILLE, the ENGINEER will prepare conceptual design plans to an approximate 15% completion level. Plan sheets will be set up to a 1” = 40’ horizontal scale. The preliminary plans will at a minimum include the following information:  Proposed alignment and stationing.  Proposed permanent and temporary construction easements.  Wetlands and other Waters of the US identified in Task 2.4. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 9 of 10 3/9/2026  Topographic features obtained in Task 2.5.  Utility information obtained in Task 2.5.  Property boundaries, existing and proposed easements, and ownership information obtained in Task 2.6.  Geotechnical bore locations from Task 2.7.  Anticipated trenchless installation locations.  Existing ground elevations along the centerline of the proposed alignment.  Preliminary locations of isolation valves, combination air valves, and blow off valves. The conceptual plans will be submitted to the CITY OF FAYETTEVILLE for review and comment. It is anticipated that a design workshop will be conducted for the CITY OF FAYETTEVILLE and the ENGINEER to discuss the comments. The ENGINEER will subsequently address review comments and submit final conceptual plans to the CITY OF FAYETTEVILLE. Additionally, the ENGINEER will prepare a conceptual opinion of probable construction cost based on the conceptual plans, which will be submitted with the final conceptual plans. 3.0 Project Deliverables  Access to the GIS web map for viewing the compiled content.  Draft Technical Memoranda – PDF copy of each TM.  Final Technical Memoranda – PDF and one (1) hard copy of all compiled TMs.  Parcel exhibits and legal descriptions for permanent and temporary construction easements – PDF copies of each parcel.  Draft offer letters – PDF copies for each parcel.  Wetlands Delineation Report – PDF copy.  Appraisals for each parcel – PDF copies of each parcel.  Geotechnical Report – PDF copy.  Draft Conceptual Plans – PDF copy.  Final Conceptual Plans – PDF copy.  Conceptual Opinion of Probable Construction Costs – PDF copy. Additional deliverables may be provided in electronic form upon request by the CITY OF FAYETTEVILLE. Appendix A-1 – Scope of Services I-612 East Utility Relocations Page 10 of 10 3/9/2026 4.0 Compensation In consideration of the performance of the foregoing services by the ENGINEER, the CITY OF FAYETTEVILLE will provide to the ENGINEER compensation as follows:  Compensation will be paid to the ENGINEER on the basis of ENGINEER’s standard hourly rates in effect at the time the work is performed, plus reimbursable expenses. A task hour fee breakdown is provided as Appendix A-2. ENGINEER’s current rate schedule is attached hereto as Appendix A-3.  The maximum not-to-exceed for will be $634,940. 5.0 Project Schedule The ENGINEER will begin work immediately upon receipt of a Notice to Proceed (NTP). The overall anticipated project schedule is provided in Appendix A-4 . 6.0 Additional Future Services ENGINEER would be pleased to offer additional future services for this project. These could potentially include the following:  Final Design Plans, Details, and Technical Specifications.  Additional Environmental Services, such as cultural resources surveys and threatened and endangered species evaluations.  Permitting through ARDOT and other local jurisdictions.  Contract Documents and Bid Phase Services.  Construction Phase Services.  Other Professional Services as Requested. The scope for these future additional services would be defined by the ENGINEER and CITY OF FAYETTEVILLE, and may be authorized under future amendment(s) to this Agreement. APPENDIX A-2 City of Fayetteville - 612 East Utility Relocations Preliminary Design Personnel Hour Fee Estimate 3/9/2026 Task Description Principal Sr. Project Manager Project Manager Project Engineer Project Designer CAD/GIS Technician Admin Support Reg. Land Surveyor Survey Technician Field Survey Crew Lab Tech I Lab Tech II Geotech Engineer Extended Cost City of Fayetteville Progress Meetings 12.00 32.00 32.00 64.00 $25,520.00 Water & Sewer Committee Meetings (1 assumed) 4.00 6.00 10.00 $4,240.00 Other Stakeholder Meetings (3 total assumed) 12.00 18.00 16.00 8.00 $11,460.00 Conduct Meetings with the City After Interaction with Landowners 16.00 16.00 16.00 $8,960.00 Internal Progress Meetings and Coordination 48.00 16.00 16.00 32.00 $20,160.00 Subtotal Labor Hours / Fee - Task 2.1 28.00 120.00 0.00 90.00 104.00 0.00 32.00 0.00 0.00 0.00 0.00 0.00 0.00 $70,340.00 Mileage $500.00 Subtotal Reimbursable Expenses - Task 2.1 $500.00 Total Task 2.1 - Project Management and Coordination 28.00 120.00 0.00 90.00 104.00 0.00 32.00 0.00 0.00 0.00 0.00 0.00 0.00 $70,840.00 Create and Maintain ESRI GIS Project Delivery Database 80.00 $10,400.00 Create GIS Level Exhibits 2.00 8.00 40.00 $6,820.00 Create and Maintain ESRI ArcGIS Field Maps Application 32.00 $4,160.00 Subtotal Labor Hours / Fee - Task 2.2 0.00 2.00 0.00 0.00 8.00 152.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $21,380.00 Software $2,000.00 Subtotal Reimbursable Expenses - Task 2.2 $2,000.00 Total Task 2.2 - GIS Services 0.00 2.00 0.00 0.00 8.00 152.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $23,380.00 Alignment Study and Selection 8.00 60.00 8.00 160.00 240.00 30.00 20.00 $85,380.00 Hydraulics and Transmission Main Sizing 16.00 4.00 20.00 50.00 10.00 8.00 $17,300.00 Pipe Material and Coating 24.00 4.00 30.00 50.00 8.00 $19,700.00 Pipe Design 16.00 4.00 20.00 40.00 8.00 $14,600.00 Preliminary Corrosion Protection 4.00 4.00 10.00 8.00 $3,880.00 Utility Conflicts, Permit Requirements, and Constructability 4.00 24.00 16.00 40.00 20.00 8.00 $18,760.00 Subtotal Labor Hours / Fee - Task 2.3 12.00 144.00 20.00 250.00 430.00 60.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 $159,620.00 O'Brien Right of Way Valuation $5,000.00 ECCI $5,000.00 Coffman Engineers $20,000.00 Mileage $250.00 Subtotal Reimbursable Expenses - Task 2.3 $30,250.00 Total Task 2.3 - Preliminary Engineering 12.00 144.00 20.00 250.00 430.00 60.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 $189,870.00 Environmental Consulting Services 2.00 2.00 8.00 8.00 $3,000.00 Subtotal Labor Hours / Fee - Task 2.4 0.00 2.00 0.00 2.00 8.00 8.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $3,000.00 ECCI $6,500.00 Subtotal Reimbursable Expenses - Task 2.4 $6,500.00 Total Task 2.4 - Environmental Consulting Services 0.00 2.00 0.00 2.00 8.00 8.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $9,500.00 Topographic Surveys 4.00 8.00 24.00 8.00 80.00 200.00 $48,720.00 Subtotal Labor Hours / Fee - Task 2.5 0.00 4.00 0.00 8.00 24.00 0.00 0.00 8.00 80.00 200.00 0.00 0.00 0.00 $48,720.00 Utility Locates (Arkups)$500.00 Subtotal Reimbursable Expenses - Task 2.5 $500.00 Total Task 2.5 - Topographic Surveys 0.00 4.00 0.00 8.00 24.00 0.00 0.00 8.00 80.00 200.00 0.00 0.00 0.00 $49,220.00 Task 2.3 - Preliminary Engineering Task 2.4 - Environmental Consulting Services Task 2.5 - Topographic Surveys Task 2.1 - Project Management and Coordination Task 2.2 - GIS Services Estimated Reimbursable Expenses/Subconsultants Estimated Reimbursable Expenses/Subconsultants Estimated Reimbursable Expenses/Subconsultants Estimated Reimbursable Expenses/Subconsultants Estimated Reimbursable Expenses/Subconsultants Appendix A-2 - Personnel Hour Fee Estimate I-612 East Utility Relocations Page 1 of 2 APPENDIX A-2 City of Fayetteville - 612 East Utility Relocations Preliminary Design Personnel Hour Fee Estimate 3/9/2026 Task Description Principal Sr. Project Manager Project Manager Project Engineer Project Designer CAD/GIS Technician Admin Support Reg. Land Surveyor Survey Technician Field Survey Crew Lab Tech I Lab Tech II Geotech Engineer Extended Cost Boundary Resolution Records Research 12.00 120.00 $15,000.00 Title Research 4.00 80.00 $9,400.00 Prepare Parcel Exhibits and Legal Descriptions 4.00 24.00 48.00 24.00 192.00 $35,320.00 Appraisal Services Coordination with Appraiser and City of Fayetteville 6.00 32.00 $5,980.00 Evaluate and review appraisals 2.00 20.00 $3,300.00 Property Owner Coordination and Negotiation Preparation of draft offer letters 20.00 48.00 $7,600.00 Coordination with property owners 24.00 24.00 80.00 $21,280.00 Coordination and assitance with City of Fayetteville Land Agents 24.00 24.00 80.00 $21,280.00 Subtotal Labor Hours / Fee - Task 2.6 0.00 60.00 0.00 48.00 256.00 48.00 48.00 40.00 392.00 0.00 0.00 0.00 0.00 $119,160.00 Title Research Agent ($400 per tract, 12 assumed) $4,800.00 O'Brien Right of Way Valuation ($4000 per parcel, 12 assumed) $48,000.00 Mileage $250.00 Subtotal Reimbursable Expenses - Task 2.6 $53,050.00 Total Task 2.6 - Easement Acquisition 0.00 60.00 0.00 48.00 256.00 48.00 48.00 40.00 392.00 0.00 0.00 0.00 0.00 $172,210.00 Geotechnical Exploration and Field Services 1.00 4.00 8.00 40.00 40.00 $9,650.00 Lab Testing & Analysis (see below)1.00 2.00 4.00 $1,150.00 Geotechnical Report 2.00 2.00 4.00 60.00 40.00 $13,600.00 Subtotal Labor Hours / Fee - Task 2.7 0.00 4.00 0.00 8.00 16.00 0.00 0.00 0.00 0.00 0.00 40.00 100.00 40.00 $24,400.00 Equipment Mobilization (assumed 1 truck rig @ $400, 2 track rig @ $800 each) $2,000.00 Boring Setup (8 bores @ $50 each) $400.00 SPT Auger Drilling (assumed 100 linear foot (LF) @ $15 per LF) $1,500.00 Water-Based Rock Coring (Diamond Bit) (assumed 100 LF @ $45/LF) $4,500.00 Install Piezometers (2 @ $600 each) $1,200.00 Piezometer Readings (15 @ $300 each) $4,500.00 In-House Laboratory Testing (Moisture Content, Atterberg Limits, Gradation, Comp. Strength of Rock Cores) $5,000.00 Third Party Laboratory Testing (Soil Resistivity, pH, Sulfates, Chlorides, Sulfides, Redox Potential) $6,000.00 Pavement Patching (assumed 2 patches @ $50 each) $100.00 Diamond Rock Bits (assumed 1 bits @ $700 each)$700.00 Subtotal Reimbursable Expenses - Task 2.7 $25,900.00 Total Task 2.7 - Geotechnical Investigation 0.00 4.00 0.00 8.00 16.00 0.00 0.00 0.00 0.00 0.00 40.00 100.00 40.00 $50,300.00 Setup Plans 4.00 4.00 40.00 $6,440.00 Incorporate Proposed Easements 2.00 4.00 20.00 32.00 $8,140.00 Incoporate Wetlands Information 4.00 8.00 8.00 $2,840.00 Incorporate Survey Data (Topographic, Utilities, Boundary)4.00 8.00 40.00 $7,000.00 Incorporate Geotechnical Information 1.00 2.00 4.00 8.00 $2,190.00 Proposed Alignment , Stationing, and Existing Ground Profile 2.00 16.00 24.00 60.00 $14,380.00 Preliminary Locations of Valves (Isolation, Combination Air, Blow off)2.00 4.00 8.00 20.00 $4,900.00 Anticipated Trenchless Installation Locations 1.00 2.00 4.00 12.00 $2,710.00 QA/QC 4.00 8.00 8.00 4.00 10.00 20.00 $9,320.00 Address City of Fayetteville Comments 8.00 10.00 20.00 40.00 $11,700.00 Subtotal Labor Hours / Fee - Task 2.8 4.00 24.00 8.00 54.00 110.00 280.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $69,620.00 $0.00 Subtotal Reimbursable Expenses - Task 2.8 $0.00 Total Task 2.8 - Conceptual Plans 4.00 24.00 8.00 54.00 110.00 280.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $69,620.00 GRAND TOTAL PRELIMINARY DESIGN 44.00 360.00 28.00 460.00 956.00 548.00 140.00 48.00 472.00 200.00 40.00 100.00 40.00 $634,940.00 Estimated Reimbursable Expenses/Subconsultants Task 2.8 - Conceptual Plans Task 2.7 - Geotechnical Investigation Task 2.6 - Easement Acquisition Estimated Reimbursable Expenses/Subconsultants Estimated Reimbursable Expenses/Subconsultants Appendix A-2 - Personnel Hour Fee Estimate I-612 East Utility Relocations Page 2 of 2 Chief Draftsman $120.00 - $130.00 Clerical $55.00 - $95.00 Construction Observer $85.00 - $170.00 Crew Support $65.00 - $95.00 Draftsman $85.00 - $145.00 Environmental Scientist / Designer $125.00 - $150.00 Geotech Driller $65.00 - $120.00 Geotech Engineer $130.00 - $240.00 Human Resources / Payroll $90.00 - $120.00 Landscape Architect $90.00 - $170.00 Media Specialist $85.00 - $105.00 Principal $215.00 - $280.00 Project Accountant $100.00 - $185.00 Project Designer $100.00 - $165.00 Project Designer - Intern $85.00 - $125.00 Project Engineer $155.00 - $180.00 Project Manager $140.00 - $250.00 Registered Land Surveyor $125.00 - $175.00 Senior Project Manager $225.00 - $250.00 Soils Lab Technician $75.00 - $150.00 Specification Writer $90.00 - $150.00 Structural Engineer $140.00 - $270.00 Survey - GPS $75.00 - $130.00 Survey Crew - Three Man $215.00 - $250.00 Survey Crew - Two Man $160.00 - $185.00 Survey Field - One Man $75.00 - $130.00 Survey Technician $85.00 - $145.00 Mileage Rate .75 per Mile Expenses At Cost January 1, 2026 * Standard Hourly Rates * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers. APPENDIX A-3 Project Task Alignment Study (TM #1) Survey and Geotechnical Investigation Easement Documents* Conceptual Plans Remaining Technical Memos (TM #2 - #6) *Easement Documents include easement exhibits, descriptions, appraisals, and offer letters APPENDIX A-4 I-612 East Utility Relocations Project Schedule Prepared by McClelland Consulting Engineers, Inc. March 2026 May June July August September October November Appendix A-4 - Project Schedule I-612 East Utility Relocations Page 1 of 1 January 14, 2026 Mr. Corey Granderson City of Fayetteville 2435 S. Industrial Drive Fayetteville, AR 72701 Job 012366 (Utilities) Hwy. 265 - Hwy. 412 (Springdale Bypass) (S) Route 612 Section 2 & 3 Benton & Washington County Dear Mr. Granderson: Your request of January 14, 2026, to have McClelland Engineers perform the preliminary engineering for your utility facilities on the referenced project is approved. This approval is your authorization to have the consultant proceed with the sketch and preliminary engineering fee breakdown, as well as the contract for preliminary engineering services with your utility. This information should be submitted to this office for review and approval. Upon approval of the fee, a Preliminary Engineering Agreement will be prepared by this office and sent to you for signature. The cost of this service will be reimbursable only to the extent your existing utility facilities required to be adjusted are determined to be eligible. In order to receive any eligible reimbursement of consultant engineering costs, the preliminary engineering work must not be started until work authorization is given by the Department. In accordance with requirements for Federal Aid Projects, we are forwarding a “Certification of Consultant” form to your consultant to execute and return to this office. If further information or assistance from this office is needed, please advise. Sincerely, Keith Mashburn Utility Coordinator Utilities Section Right of Way Division Enclosures C: McClelland Engineers W/Attachments “C” Files ARKANSAS DEPARTMENT of TRANSPORTATION Utility: Job (Utilities) Consultant Route Section County CERTIFICATION OF CONSULTANT I hereby certify that I am the and duly authorized representative of the firm of whose address is , and that, except as expressly stated and described herein, neither I nor the firm of has, in connection with its contract for preliminary engineering services with entered into pursuant to provisions of an agreement between the aforementioned utility owner and the Arkansas Department of Transportation as a part of Federal Aid Project . (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm, company, or person, other than a bonafide employee working solely for me or the aforementioned consulting firm to solicit or secure the contract, or (b) agreed, as an expressed or implied condition for obtaining the award of the contract, to employ or retain the services of any firm, company, or person in connection with the carrying out of the contract, or (c) paid, or agreed to pay, to any firm, company, organization, or person, other than a bonafide employee working solely for me or the aforementioned consulting firm, any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract. (Statement and explanation of exception, if any:) I acknowledge that this certificate is to be furnished to the Arkansas Department of Transportation and the Federal Highway Administration, in connection with the aforementioned project involving participation of Federal-Aid Highway Funds, and is subject to applicable State and Federal Laws, both criminal and civil. (Signature) (Date) 1 Mashburn, Keith A. From:Granderson, Corey <cgranderson@fayetteville-ar.gov> Sent:Wednesday, January 14, 2026 8:05 AM To:Mashburn, Keith A. Cc:Vinyard, Drake; Trent Williams Subject:RE: ARDOT Project 012366 - Hwy. 265 to Hwy. 412 (Springdale Bypass)(S) CAUTION: This email originated from outside of AʀDOT. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes Sir, McClelland was selected and they are working up a scope/fee for my review that would get us through survey, preliminary alignment selection, and early easement docs prep. I will keep you posted on progress. Best, Corey W. Granderson, P.E. Utilities Engineer Water & Sewer Department City of Fayetteville, Arkansas 479-444-3452 fayetteville-ar.gov From: Mashburn, Keith A. <Keith.Mashburn@ardot.gov> Sent: Tuesday, January 13, 2026 3:36 PM To: Granderson, Corey <cgranderson@fayetteville-ar.gov> Cc: Vinyard, Drake <dvinyard@fayetteville-ar.gov> Subject: RE: ARDOT Project 012366 - Hwy. 265 to Hwy. 412 (Springdale Bypass)(S) CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Corey, Has the City of Fayetteville selected an engineering firm for the design of your relocation for this project yet? Thanks, Keith Mashburn ARDOT Utility Coordinator 501.569.2142