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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 200-21
File Number: 2021-0540
RFQ #21-01 SELECTION #14 OLSSON, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH OLSSON, INC., PURSUANT TO RFQ 421-01 SELECTION # 14, IN AN AMOUNT NOT
TO EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE
REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK
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 approves a
professional engineering services agreement with Olsson, Inc., pursuant to RFQ #21-01 Selection
#14, in the amount not to exceed $107,000.00 for design, bidding, construction administration, and
construction observation services related to the rehabilitation of the Markham Hill Water Storage
Tank.
PASSED and APPROVED on 8/03/2021
Attest:
Lisa Branson, Deputy City Clerk
Page 1 Printed on 813121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0540
Agenda Date: 8/3/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.8
RFQ #21-01 SELECTION #14 OLSSON, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH OLSSON, INC., PURSUANT TO RFQ #21-01 SELECTION #14, IN AN AMOUNT NOT TO
EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE
REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK
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 approves a professional
engineering services agreement with Olsson, Inc., pursuant to RFQ #21-01 Selection #14, in the amount not to
exceed $107,000.00 for design, bidding, construction administration, and construction observation services
related to the rehabilitation of the Markham Hill Water Storage Tank.
City of Fayetteville, Arkansas Page 1 Printed on 81412021
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2021-0540
Legistar File ID
8/3/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/16/2021 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with Olsson, Inc. in an amount not to exceed
$107,000.00 for design of removal and replacing coating systems and updating safety systems at the Markham
water storage tank.
Budget Impact:
5400.720.5600-5314.00 Water and Sewer
Account Number Fund
14010.1 Water Tank Improvements
Project Number Project Title
Budgeted Item? Yes Current Budget $ 1,255,478.00
Funds Obligated $ 467.86
Current Balance $ 1,255,010.14
Does item have a cost? Yes Item Cost $ 107,000.00
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget 1,148,010.14
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: RFQ 21-01, Selection #14
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 3, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: July 13, 2021
CITY COUNCIL MEMO
SUBJECT: RFQ 21-01, Selection #14 — Engineering Services Agreement with Olsson,
Inc. for Design of the Markham 1-MG Elevated Storage Tank Rehabilitation
RECOMMENDATION:
Staff recommends approval of an Engineering Services Agreement with Olsson, Inc. in an
amount not to exceed $107,000.00 for design of removal and replacing coating systems and
updating safety systems at the Markham water storage tank.
BACKGROUND:
The Markham 1-MG elevated storage tank is located atop Markham hill and provides water to
the City's primary pressure plane. The tank is in need of removal and replacement of the
painted coating systems due to normal aging. Furthermore, the tank climbing systems are
outdated and need to be updated to modern safety standards. This tank does not have a
previous inspection on record but will be inspected as a part of the engineering design in this
agreement.
DISCUSSION:
Olsson Inc. has been involved in many past City tank rehabilitation projects, as well as new
construction designs. On April 6, 2021 the City of Fayetteville conducted a formal Engineering
Selection meeting for this project and selected Olsson, Inc. (RFQ 21-01, Selection #14). The
scope of services for this project will include site visits, structural inspections and analyses,
developing plans and specifications for coating systems and tank mixing retrofits, bidding
services, and on -site inspection services during construction.
BUDGET/STAFF IMPACT:
Funds are available in the Water Tank Improvements account within the Water & Sewer Fund.
Attachments:
Vicinity Map
Engineering Services Agreement
Appendix A — Scope of Services; Fees
Appendix B — Billing Rates
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
OLSSON INC.
MARKHAM IMG ELEVATED STORAGE TANK REHABILITATION
THIS AGREEMENT is made as of3 2021, by and between City of Fayetteville,
Arkansas, acting by and through its MayVhe—e�inafter called CITY OF FAYETTEVILLE) and Olsson,
Inc. (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction administration of capital improvement projects.
Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree
as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Olsson Contract Markham Tank Rehab
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 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Project.
3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.7 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 $107,00.00. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in
Appendix B.
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
Olsson Contract Markham Tank Rehab
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, 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:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
Olsson Contract Markham Tank Rehab
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.
Olsson Contract Markham Tank Rehab 4
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 After payment in accordance with Paragraphs 6.5.3 and 6.5.4 above, deliver or otherwise
make available to CITY OF FAYETTEVILLE all project deliverables at the latest stage
of completion (e.g. 30%, 90%, etc.) CITY OF FAYETTEVILLE shall have the limited
right to use the deliverables subject to the provisions of Paragraph 6.12.2.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Olsson Contract Markham Tank Rehab
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
deletion of proprietary data or confidential information from such publications, but otherwise
Olsson Contract Markham Tank Rehab 6
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 The CITY OF FAYETTEVILLE acknowledges the Engineer's plans and specifications,
including all documents on electronic media ("delivered documents"), as instruments of
professional service. Nevertheless, the delivered documents prepared under this Agreement
shall be delivered to and become the property of the CITY OF FAYETTEVILLE upon
completion of the services and payment in full of all monies due to the Engineer. Except for
the Engineer's services provided for by this Agreement as related to the construction and
completion of the Project, the ENGINEER accepts no liability arising from any reuse of the
delivered documents by the CITY OF FAYETTEVILLE, unless the Engineer is retained by
CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered
documents. Except where the CITY OF FAYETTEVILLE reuses the delivered documents
subsequent to the completion of the Project, nothing contained in this paragraph shall alter the
Engineer's responsibilities and obligations under this Agreement.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
302 E. Millsap Road
Fayetteville, Arkansas 72703
Olsson Contract Markham Tank Rehab
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 parry 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
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
Olsson Contract Markham Tank Rehab
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.
Olsson Contract Markham Tank Rehab 9
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will 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.
By:
City Clerk
OLSSON, INC.
Bv: &.� t 1�4
Brad B. Hammond, PE, Office Leader
Chris Hall, PE, Team Leader
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Olsson Contract Markham Tank Rehab 10
APPENDIX A
olsson a
SCOPE OF SERVICES
Corey Granderson
Utilities Engineer
City of Fayetteville, Arkansas
PROJECT DESCRIPTION AND LOCATION
Project will be located at: 141 North Sang, Fayetteville, AR
Project Description: Markham 1 MG Elevated Storage Tank Rehabilitation
SCOPE OF SERVICES
Olsson hereby agrees to provide the following services ("Scope of Services") to the City of
Fayetteville ("Client") for the Project:
PHASE 100 PROJECT MANAGEMENT
Project Management:
• Establish and maintain project scope, schedule, and budget.
• Kick-off Meeting: Schedule and attend an in -person kick-off meeting with the
whole project team including drafting an agenda, sending out invites, and recording
meeting minutes with action items.
• Progress Meetings: Participate in monthly progress meetings with the Client and
project team.
Quality Management:
• Quality assurance and quality control (QA/QC) reviews are an integral part of
Olsson's project performance. This process will be undertaken by senior staff
members of the firm selected for their experience and expertise. The goal of the
QA/QC process is to ensure that technical issues have been correctly addressed,
Client standards are incorporated, and drawings and documents are clear,
complete, and concise.
• Formal QA/QC reviews will be conducted at key intervals of design. Completion
of the QA/QC plan involves a final review by the Client and Olsson.
PHASE 200 DETAILED DESIGN
• Olsson non-destructive testing (NDT) team member will perform an
internal/external inspection of the Markham Hill elevated storage tank. A visual
inspection of tank internal & external components, and ultrasonic thickness
302 E. Millsap Road / Fayetteville, AR 72703
0 479.443.3404 / olsson.com
measurements on the tank shell, support legs, and any other areas of concern.
The inspection will indicate corrosion rates, predicted remaining life, inspection
observations, and recommendations for suitability of continued service.
• Olsson Engineer(s) shall visit site to conduct inspection of existing coating system
and other tank rehabilitation items including ladders, rails, antenna, overflow pipe,
altitude valve, and existing cathodic protection. Site visit will be coordinated with
City preferred coating manufacturer professional to obtain recommendations. Lead
testing of existing coating system will be requested from manufacturer's
professional. A maximum of one site visit is included.
• Provide engineering design of coating system, mixing system, cathodic system
removal, overflow outlet, drain outfall improvement.
• Provide structural design of catwalk rail replacement/reinforcement, lower ladder
extension and upper ladder replacement.
• Prepare Technical Specifications including exhibits. 8.5"x11" technical exhibits
shall include vicinity map, tank site plan, tank section and structural details. Olsson
shall utilize Client's standard "front end" specifications.
• Develop an opinion of probable construction cost for the project based on the
Specifications.
• Review engineered Specifications with Client and based on feedback, finalize
project Contract Documents, including developing a materials list with quantities.
• Submit final design documents to Arkansas Department of Health (ADH). ADH
$500 review fee included.
DESIGN PHASE PROJECT DELIVERABLES:
• NDT Structural Inspection Report — digital copy and 2 hard copies
• Specifications and Exhibits — digital copy and 2 final hard copies
• Opinion of Probable Cost
PHASE 300 BID AND PRECONSTRUCTION SERVICES
• Prepare advertisement for bid and transmit Plans and Specifications to Client for
distribution.
• Schedule and attend a pre -bid meeting with the project team.
• Provide clarification on questions during bidding and, if necessary, prepare
addenda for distribution. The Client will be informed on a regular basis of any
changes resulting from bidders' questions.
• Attend the virtual bid opening.
PHASE 400 ENGINEERING CONSTRUCTION ADMINISTRATION
302 E. Millsap Road / Fayetteville, AR 72703
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• Olsson shall provide engineering construction administration based on a 120 day
construction schedule.
• Attend Preconstruction meeting. Fee is limited to two Olsson engineers to attend
meeting.
• Attend monthly progress meetings. Fee is limited to one Olsson engineer to attend
monthly meetings.
• Furnish professional engineer to make up to six (6) visits to the site (as
distinguished from the services of a Resident Project Representative) as
appropriate to observe the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the Contract
Documents. In performing these services, the Engineer will endeavor to protect
the Owner against defects and deficiencies in the work of the contractor; but he
cannot guarantee the performance of the contractor, nor will the Engineer
supervise, direct, control or have authority over or be responsible for Contractor's
means, methods, techniques, sequences or procedures of construction or for the
safety measures that the contractor takes or should take.
• Review samples, catalog data, schedules, shop drawings, laboratory, shop and
mill tests of material and equipment and other data which the contractor
submits. This review is for the benefit of the Owner to ensure general conformance
with the design concept of the project and general compliance by the contractor
with the information given in the contract documents. It does not relieve the
contractor of any responsibility such as dimensions to be confirmed and correlated
at the job site, appropriate safety measures to protect workers and the public, or
the necessity to construct a complete and workable facility in accordance with the
contract documents.
• Prepare and review construction documentation including Requests For
Information, Field Orders, Change Orders as directed by the Owner or Owner's
representative.
• Upon Contractor request for substantial completion approval, Olsson shall verify
the Project on site and respond to Client.
• Olsson shall conduct the Project final inspection with Client. Olsson shall provide
written punch list and/or certificate of completion to Contractor and Client.
PHASE 500 CONSTRUCTION OBSERVATION SERVICES
• Olsson shall provide Resident Project Representative (RPR) for construction
observation services. Olsson's RPR shall be a NACE CIP Level 1 certified
inspector for the review of technical specifications for coatings and application;
observation of washing/blasting/surface preparation and cleaning; weather
conditions; crack and concrete repairs; and coating application (all prime,
intermediate, and final coats). Each coating layer will have dry film thickness
readings collected. Surface profile readings, weather conditions, wet mil thickness,
302 E. Millsap Road / Fayetteville, AR 72703
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and dry film thickness readings will be recorded in a field coating report. A final
coating oversight/inspection document will be completed.
• NACE CIP Level 1 RPR shall be provided on a time and expense basis. Lodging
and meal expenses shall be billed at $150 per diem basis. Positector equipment
charge will be billed at $100 per trip -day.
• RPR duties are anticipated to be approximately "Part-time" during Contractor's
active working days and allowable working hours defined in the construction
contract. A total of 24 working days and estimated 192 hours are anticipated to
complete construction work in the required sequence, over a period of 120 active
working days during the restricted construction season and schedule.
PROJECT SCHEDULE
• Design will take 90 days from client notice to proceed.
• Construction administration and observation services are based on a 120-day
construction schedule.
Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for
such additional services (Optional Additional Services) at the standard hourly billing labor rate
charged for those employees actually performing the work, plus reimbursable expenses if any.
Olsson shall not commence work on Optional Additional Services without Client's prior written
approval. Optional Additional Services shall include but not limited to:
• Any meetings with local, State, or Federal agencies, or other affected parties to discuss
the project, other than those specifically noted.
• Supplemental engineering work required to meet the requirements of regulatory or funding
agencies that may become effective subsequent to the date of this agreement.
• Assist City with negotiating and reviewing any liquidated damages for delays caused by
Contractor if the project extends beyond the anticipated contractual durations.
• Special consultants or independent professional associates requested or authorized by
City.
• Facility operation and maintenance manual (in addition to the equipment operation and
maintenance manuals provided by the Contractor), and operator training, other than those
specifically noted.
302 E. Millsap Road / Fayetteville, AR 72703
0 479.443.3404 / olsson.com
• Assistance with prequalification protest, bid protests and rebidding, preparation for
litigation, arbitration, or other legal or administrative proceedings, and appearances in
court or at arbitration sessions in connection with the project.
• Visits to the construction site and/or the City's location in addition to the number of such
trips and the number of staff -hours in connection with them set out in other phases of the
contract scopes.
• Services in making revisions to drawings and specifications occasioned by the acceptance
of substitutions proposed by the Contractor, and services after the award of the contract
in evaluating and determining the acceptability of substitutions proposed by the
Contractor.
• Additional or extended services during construction made necessary by: (1) work
damaged by fire or other cause during construction; (2) a significant amount of defective
or neglected work of the Contractor; (3) acceleration of the process schedule involving
service beyond normal working hours; (4) default by the Contractor; and (5) failure of the
Contractor to complete the work within the construction contract time.
• Evaluation of unusually complex claims or an unreasonable or extensive number of claims
submitted by the Contractor or others in connection with the work beyond the level of effort
budgeted under Construction Phase Services.
• Changes in the general scope, extent, or character of the project or its design including,
but not limited to, changes in size, complexity, the City's schedule, character of
construction, or method of financing; and revisions to previously accepted studies, reports,
design documents, or construction Contract Documents when such revisions are required
by changes in laws, regulations, ordinances, codes, or are due to any other causes
beyond the Engineer's control.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
302 E. Millsap Road / Fayetteville, AR 72703
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olsson 0)
Date: 08-Jul-21
Job: Markham Hill Tank Repainting
TOTALS
Phase/
Task
Description of Work
Total
Man -Days
Total
Labor Fee
Total
Expense Fee
Total
Fee
100
Project Mana ement & QA/QC
Project Management
3.50
$ 4,476.00
$ -
$ 4,476.00
Invoices
0.38
$ 540.00
$ -
$ 540.00
QA/QC
1.50
$ 1,888.00
$ -
$ 1,888.00
Project meetings
1.75
$ 1,906.00
$ -
$ 1,906.00
200
Design Phase Services
Site Visits 1 visit
1.50
$ 1,516.00
$ 33.13
$ 1,549.13
NDT/ Structural inspection and Report
$ 3,005.00
$ -
$ 3,005.00
Structural Analysis Lower ladder, catwalk rail, upper ladder
9.00
$ 9,660.00
$ -
$ 9,660.00
Development of Specifications
7.00
$ 6,848.00
$ 112.50
$ 6,960.50
Develo ment of Exhibits
15.13
$ 14,924.00
$ -
$ 14,924.00
Mixing S stem Design
6.25
$ 6,534.00
$ -
$ 6,534.00
ADH submission and response
1.13
$ 1,067.00
$ 500.00
$ 1,567.00
300
Bid & Preconstruction Phase Services
Coordinate Advertisement and Distribute Contract Documents
0.50
$ 564.00
$ -
$ 564.00
Questions from Plan Holders
1.00
$ 1,128.00
$ -
$ 1,128.00
Assist Addendum Preparation
0.75
$ 812.00
$ -
$ 812.00
Attend Bid Opening & Assist with Evaluation of Bids
0.75
$ 924.00
$ -
$ 924.00
Recommendation & Contract Award
0.50
$ 564.00
$ -
$ 564.00
Assist with Construction Contract Preparation
0.75
$ 754.00
$ -
$ 754.00
400
Engineering Construction Administration
Engineering Admin
13.00
$ 14,130.00
$ 69.00
$ 14,199.00
NDT/Critical Inspection Services 12 visits
-
$ 27,480.00
$ -
$ 27,480.00
Local Inspection Services 12 visits
-
$ 7,560.00
$ -
$ 7,560.00
$
$ -
$
$
$ -
$
GRAND TOTAL rounded
64.39
$ 106,280.00
$ 714.63
$ 107,000.00
/_1„210191PAM �
olsson
LABOR RATE BILLING SCHEDULE 2021
LABOR RATES
Description Range
Principal/Senior Professional.......
140
- 275
Project Manager ........................
110
- 180
Project Professional ...................
90
- 145
Assistant Professional ................
60
- 125
Designer ..................................
70
- 135
CAD Operator ...........................
40
- 100
Survey .....................................
50
- 140
Survey Crew .............................
120
- 160
Construction Services .................
50
- 170
Administrative/Clerical................
40
- 100
Note:
1. Special Services not included in above categories will be provided on a Special Labor
Rate Schedule.
2. Rates subject to change based upon updates to Billing Rates for upcoming year.
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