HomeMy WebLinkAbout151-26 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 151-26
File Number: 2026-1873
A RESOLUTION TO AWARD RFQ #26-01 SELECTION #4 AND AUTHORIZE THE PURCHASE OF ON-
CALL DRAINAGE DESIGN SERVICES FROM BURNS & MCDONNELL ENGINEERING CO, INC.,
HAWKINS-WEIR ENGINEERS, INC. AND OLSSON ASSOCIATES, INC. AS NEEDED THROUGH JUNE
30, 2027, WITHIN THE APPROVED BUDGET
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 #26-01 Selection #4
and authorizes the purchase of on-call drainage design services from Burnes & McDonnell Engineering Co., Inc.,
Hawkins-Weir Engineers, Inc. and Olsson Associates, Inc. as needed through June 30, 2027, within the approved
budget.
PASSED and APPROVED on June 16, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-1873
MEETING OF JUNE 16, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
Alan Pugh, Stormwater Manager
FROM: Amanda Swope, Project Manager
SUBJECT: Approval of a resolution to award RFQ 26-01, Selection #4 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, 2027.
RECOMMENDATION:
Staff recommends approval of a resolution to award RFQ 26-01, Selection #4 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, 2027.
BACKGROUND:
On July 1, 2025, Council approved resolution 150-25 for on-call drainage design services in order to be
responsive to the design needs of the stormwater division. This provided an expedited method to accomplish
design work for repairs, maintenance and capital projects. This program has been successful in meeting those
needs and staff proposes to continue it for an additional year.
DISCUSSION:
A 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,
2027.
BUDGET/STAFF IMPACT:
Funds for the drainage design will come from a Sales Tax Capital Improvements Fund, Drainage Bond Fund
and the Stormwater Utility Program Fund.
ATTACHMENTS: 3. Staff Review Form, 4. RFQ 26-01, Selection 4 - Final Vote
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Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-1873
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A RESOLUTION TO AWARD RFQ #26-01 SELECTION #4 AND AUTHORIZE THE
PURCHASE OF ON-CALL DRAINAGE DESIGN SERVICES FROM BURNS & MCDONNELL
ENGINEERING CO, INC., HAWKINS-WEIR ENGINEERS, INC. AND OLSSON
ASSOCIATES, INC. AS NEEDED THROUGH JUNE 30, 2027, WITHIN THE APPROVED
BUDGET
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 #26-01
Selection #4 and authorizes the purchase of on-call drainage design services from Burnes & McDonnell
Engineering Co., Inc., Hawkins-Weir Engineers, Inc. and Olsson Associates, Inc. as needed through
June 30, 2027, within the approved budget.
Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2026-1873
Item ID
6/16/2026
City Council Meeting Date - Agenda Item Only
Approval of a resolution to award RFQ 26-01, Selection #4 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.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Amanda Swope STORMWATER MANAGEMENT (740)
Division / Department
5/20/2026
Submitted Date
No
-$
-$
Budgeted Item?
Does item have a direct cost?
Is a Budget Amendment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Amendment
Remaining Budget
-$
-$
No
No -$
-$
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Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816
9/17/2026
Submitted Date
No
-$
-$
Budgeted Item?
Does item have a direct cost?
Is a Budget Amendment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Amendment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2026-0915
Item ID
N/A
City Council Meeting Date - Agenda Item Only
Mayors signature on Master Professional Services Agreement for Olsson Associates, Inc. in accordance with
Resolution 151-26 confirming the selection of Burns & McDonnell Engineering, Hawkins-Weir Engineers, and Olsson
Associates to provide on-call drainage design services.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Amanda Swope STORMWATER MANAGEMENT (740)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #151-26
Approval Date:
Original Contract Number:
TO: Molly Rawn, Mayor
THRU: Jennifer Walker, Chief of Staff
Alan Pugh, Stormwater Manager
FROM: Amanda Swope, Stormwater Project Manager
DATE: September 17, 2026
SUBJECT: Mayors signature on Master Professional Services Agreement for Olsson
Associates, Inc. in accordance with Resolution 151-26 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 for on-call drainage design services.
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 current workload as well as recent flooding events, additional capacity is needed for the
analysis of flooding issues and design of projects.
DISCUSSION:
The City Council authorized the Mayor to enter into Master Professional Service Agreements in
accordance with RFQ 26-01, selection 4 with the passage of Resolution 151-26 on June 16,
2026. This resolution confirmed the selection of Burns & McDonnell Engineering, Hawkins-Weir
Engineers, and Olsson Associates as the firms approved to provide on-call drainage design
services until June 30, 2027.
BUDGET/STAFF IMPACT:
No budget impact at this time. Budget will be included with subsequent work orders currently
under development.
Attachments:
Staff Review Form
Master Professional Services Agreement
FY19-2139 1
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, 2026, 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 1 - 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.
26-07-28 PAS City of Fayetteville AR Master Professional Services Contract.docx
09/18/2026
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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
an hourly NTE basis described in each work order.
5.2 Statements
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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
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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:
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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
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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
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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
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6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State
of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. 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
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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 comipt 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,
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10 Master Professional Services Agreement — Olsson, Inc.
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 C1TY OF FAYETTEVILLE bases
such finding shall be in issue and may be reviewed in proceedings under the Remedies clause
of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the
event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall
be not less than three nor more than ten times the costs ENGINEER incurs in providing any
such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub-consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Molly Rawn, Mayor
ATTEST:
By:
Kara Paxton, City Clerk Treasurer
ENGINEER
By:
Title: Senior Team Leader - Water
By:
Title: Group Lead - Water
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
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