HomeMy WebLinkAbout112-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 112-22
File Number: 2022-0366
RFQ #21-01 SELECTION #9, OLSSON, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ 421-01 SELECTION #9, IN THE
AMOUNT OF $201,840.00 FOR THE DEVELOPMENT OF A LAKE FAYETTEVILLE
WATER QUALITY STUDY, AND TO APPROVE A BUDGET ADJUSTMENT
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 #9, in the
amount of $201,840.00 for the development of a Lake Fayetteville Water Quality Study.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 5/17/2022
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0366
Agenda Date: 5/17/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.6
RFQ #21-01 SELECTION #9, OLSSON, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH OLSSON, INC., PURSUANT TO RFQ #21-01 SELECTION #9, IN THE AMOUNT OF
$201,840.00 FOR THE DEVELOPMENT OF A LAKE FAYETTEVILLE WATER QUALITY STUDY,
AND TO APPROVE A BUDGET ADJUSTMENT
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 #9, in the amount of
$201,840.00 for the development of a Lake Fayetteville Water Quality Study.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 511812022
City of Fayetteville Staff Review Form
2022-0366
Legistar File ID
5/17/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 4/20/2022 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a professional services agreement with Olsson, Inc. in the amount of $201,840, pursuant to RFQ#21-01
selection 9, for the development of a Lake Fayetteville Water Quality Study and approval of a budget adjustment.
Budget Impact:
2246.800.9716-5860.02
American Rescue Plan Act
Account Number Fund
20023.2021 American Rescue Plan Grant Funding 2021
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
1,236,900.00
$
18,000.00
�
1,218,900.00
$
201,840.00
$
201,840.00
S 1,218,900.00
V20210527
Previous Ordinance or Resolution # 82-21
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 17, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: April 20, 2022
CITY COUNCIL MEMO
SUBJECT: Approval of a professional services agreement with Olsson, Inc. in the
amount of $201,840, pursuant to RFQ#21-01, selection 9, for the
development of a Lake Fayetteville Water Quality Study.
RECOMMENDATION:
Staff recommends approval of a professional services agreement with Olsson, Inc. in the
amount of $201,840, pursuant to RFQ#21-01, selection 9, for the development of a Lake
Fayetteville Water Quality Study.
BACKGROUND:
On March 2, 2021, the Fayetteville City Council approved resolution 82-21 indicating a desire
that the City work with environmental partners to clean up and protect the Lake Fayetteville
watershed with the goal of maintaining water quality in the lake that would support primary
contact. The resolution also requested that the City contract with an experienced firm to help
analyze the lake and produce a watershed strategy and implementation plan.
DISCUSSION:
As a result of resolution 82-21, staff began the process of procuring an outside consultant to
aide with the development of the watershed strategy and implementation plan. Of the field of
candidates, three firms were chosen for interviews by the selection committee and each
provided references which were also interviewed. Ultimately, Olsson, Inc was selected based
on their qualifications and the process of negotiating a contract began. The proposed contact
can be found attached.
BUDGET/STAFF IMPACT:
This project is funded by the American Rescue Plan Act Funding 2021
Attachments:
Professional Services Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
OLSSON, INC.
LAKE FAYETTEVILLE WATERSHED STUDY
THIS AGREEMENT is made as of Mal ! 2022, by and between City of
Fayetteville, Arkansas, acting by and thro gh 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. 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 I - 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.
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SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented
by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The Public Works Director is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The Public Works Director shall
have complete authority to transmit instructions, receive information, interpret and define
CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment,
elements and systems to be used in the Project, and other matters pertinent to the services
covered by this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE
authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the
Project through completion of the services stated in the Agreement. ENGINEER will proceed with
providing the authorized services immediately upon receipt of written authorization from CITY OF
FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the
time in which the services are to be completed. The anticipated schedule for this project is included
in Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $201,840.00. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE
or such parties as CITY OF FAYETTEVILLE may designate for professional services
consistent with ENGINEER's normal billing schedule. Once established, the billing schedule
shall be maintained throughout the duration of the Project. Applications for payment shall be
made in accordance with a format to be developed by ENGINEER and approved by CITY OF
FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated
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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
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.
A - Lake Fayetteville Agreement - Engineering Services.docx
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.
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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.
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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
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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:
302 E. Millsap Road
Fayetteville, Arkansas 72703
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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
out of or relating to this Agreement or the breach thereof will be decided in a court of competent
jurisdiction within Arkansas.
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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.
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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 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
, Lioneld
ATTEST:
OLSSON, INC.
Brent Johnson, PE, Team Leader
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Chris Hall, PE, Team Leader
Y -,p':'ND OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
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CITY OF FAYETTEVILLE, AR
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A — SCOPE OF SERVICES
Lake Fayetteville Watershed Study
Project Overview
To investigate the current state of water quality in Lake Fayetteville, short- and long-term
strategies to improve the water quality and what impacts these strategies will have to the future
water quality.
Project Scope
1. Project Management and Coordination
a. Coordinate regular progress meetings with City staff; document all meetings,
noting key decisions and action items. Meet with client as needed throughout the
design process to review project issues.
b. Conduct up to five (5) meeting with local partner or stakeholder groups
c. Prepare for and attend two (2) City Council meetings to present findings and
recommendations
d. Prepare monthly project status report and supply to City
e. Develop an overall project schedule
2. Studies and Gap Analysis: Review Existing Conditions and Analysis
a. Collect and review available project data provided by the City and identified
stakeholders (Watershed Conservation Resource Center, Illinois River Watershed
Partnership, City of Springdale, Botanical Gardens)
i. Previous plans, reports and water quality studies (residential and commercial
development)
ii. Previous permit submittals and regulatory agency correspondence
iii. Lake sediment sampling and testing records
iv. Water quality sampling records within, upstream and downstream
of Lake Fayetteville
v. Lake and watershed GIS mapping
vi. Original dam and spillway plans
vii. Current and anticipated future pollutant loadings (sediment and
phosphorus being the main focus)
viii. Upper Illinois Watershed Best management Practices
3. Collection of Additional Data
a. Sediment and water sampling, testing, report
i. Field Exploration: obtain sediment samples for analysis at ten (10)
locations tovarying depths within the Lake.
ii. Laboratory Services: Visual soil classification, hydrometer analysis,
mechanical sieve analysis, chemical analysis, and Atterberg limit test. Soil
samples will also be testy for heavy metals and potential harmful
contaminants that may require special remediation measures.
iii. Engineering Analysis and Report Preparation
1. Test boring logs will be provided and will include a description and
classification of the sediment, as well as approximated sediment
depths and soil classification.
2. Laboratory analysis to determine the nutrient content of the
sediment along with heavy metals, petroleum and other potential
contaminants. Laboratory evaluation to determine if the existing soil
characteristics ofthe lake sediment are suitable for reuse as part of
topsoil or general fill material.
iv. Water sampling throughout the water column to include any additional
parameters that may be contributing to poor water quality such as pH,
dissolved oxygen, temperature, Secchi Disk reading, soluble phosphorus and
other nutrients and common contaminants such as herbicides/pesticides
and bacteria
b. Bathymetric survey: Conduct a survey of the lake pool area to determine water
depthto sediment and approximate depth of sediment throughout the late.
Approximately 130 probes will be taken with a rod to native ground in the lake.
A soil probing plan will be prepared prior to collecting the data. It is anticipated
that a majority of the probes will be collected on the upper half of the lake.
c. Vegetation Surveys: investigate the presence vegetation in the Lake, types of
vegetation and if it is contributing to or resulting from water quality issues within
the Lake at different times of the year in consideration of algal blooms, presence, or
other phosphorus absorbing vegetation.
Deliverables: Watershed and site base maps; bathymetric survey map,
geotechnical/water quality report and report of findings.
4. Watershed Analysis and Project Identification
a. Pollutant Loading Estimations: Conduct watershed annual pollutant (sediment and
nutrient) load estimations for current and anticipated future conditions. Identify
and quantify future water quality threats to the lake.
i. Evaluate in -lake treatment using aluminum sulfate to inactivate phosphorus
b. Watershed Best Management Practices: Evaluate the feasibility and effectiveness of
potential BMP packages to be implemented upstream of the lake include stream
restoration, streamside wetlands creation/retention and detention. Development
conceptual plans of recommended BMPs. Coordinate results will all local entities
impacted.
c. Evaluate and Select Sediment Disposal Options: Develop recommendations
onthe safe/efficient disposal of any material removed from the lake.
i. Sediment Removal and Disposal Method Evaluation
1. Evaluate and quantify local demand for sediment
2. Investigate alternative disposal methods
3. Evaluate removal techniques such as drawdown or dredging for
immediate and continued sediment removal as necessary to
maintain water quality
ii. Method Review and Selection
1. Present finding to the City staff along with recommended
sediment management methods.
2. Based on analysis and discussion, select the appropriate techniques
and use for final plan development
d. Deliverables: pollutant loading calculations, map of watershed BMPs,
proposed BMPs ranked by their costs and effectiveness
5. Implementation
Based on the information reviewed and decisions reached, developed 30% concept design
and supporting report that outlines the improvements, methods, long term management
actions, total estimated project costs and estimated annual cost of operation.
a. Sediment Removal and Disposal
i. Indicated where sediment will be hydraulically dredged and mechanically
excavated including depth and volume of material
ii. Develop sediment disposal plan
b. Development of Concept Plans
i. Develop concept plans for current and future sediment loads
ii. Development conceptual water quality enhancements that can be
implemented
c. Preliminary assessment of state and federal permitting requirements
i. Evaluate regulatory requirements and necessary permits in order to
perform the recommended work.
d. Agency funding
i. Work with the city to determine potential funding sources including, but not
limited to, state and federal grants as well as local partner participation
e. Long -Term Management and Maintenance Program
i. Outline annual maintenance program
ii. Outline continued water quality improvements that maybe phased due
to initial cost restrictions
f. Final Report: Prepare a final report that summarizes the results of the study
i. Watershed planning, analysis and recommended BMPs and enhancement
projects to improve and sustain water quality
ii. Identify the necessary sediment removal program including the operations,
timing, volumes and ongoing costs
Assumptions and Exclusions:
• Sediment samples to be collected may be restricted by the excessive depth of the water
in the lake. A sediment sampling plan will be prepared following the completion of the
bathymetric survey.
• Bathymetric probe locations will be determined following the bathymetric survey of the
lake and may not cover the entire area of the lake.
Project Schedule
Olsson expects to begin its services under the Agreement within seven (7) working days of a
Notice to Proceed (NTP) and shall complete all work as described in the Scope of Services above
within 365 days from NTP.
Compensation
CITY OF FAYETTEVILLE shall pay to Olsson, Inc. on the basis of Olsson's standard hourly rates in
effect at the time the work is performed, plus reimbursable expenses. Rates are adjusted
annually at the beginning of each calendar year. Olsson agrees to keep the CITY OF FAYETTEVILLE
apprised in a timely manner of costs incurred. The maximum not -to -exceed amount for the
services described in the Scope of Services above is $201,840.00.
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olsson
General Infrastructure
LABOR RATE BILLING SCHEDULE 2022
LABOR RATES
Description Range
Senior Professional ....................
175
- 280
Project Principal ........................
140
- 250
Project Professional ...................
130
- 180
Associate Professional ...............
115
- 135
Assistant Professional ..................
85
- 130
Design Associate ......................
110
- 160
Senior Technician .....................
80
- 120
Associate Technician .................
50
- 80
Assistant Technician ..................
40
- 50
*Senior Surveyor ........................
110
- 150
*Survey Crew .............................
130
- 175
*Construction Services .................
50
- 240
Administrative/Clerical.................
45
- 110
Note:
1. Special Services not included in the above categories will be provided on a Special
Labor Rate Schedule. Special rates include but are not limited to Power Delivery,
Survey, Field Operations, Special Inspection, Construction Observation, Geotechnical,
Non -Destructive Testing, Drilling, Executive Staff.
2. Rates are subject to change based upon updates to Billing Rates for the upcoming year.
*Not inclusive of all services. Refer to Note 1.
Page 1 of 1
REIMBURSABLE EXPENSE SCHEDULE
The expenses incurred by Olsson or Olsson's independent professional associates or consultants
directly or indirectly in connection with the Project shall be included in periodic billing as follows:
Classification
Automobiles (Personal Vehicle)
Suburban's and Pick -Ups
Automobiles (Olsson Vehicle)
Other Travel or Lodging Cost
Meals
Printing and Duplication including Mylars and Linens
In -House
Outside
Postage & Shipping Charges for Project Related Materials
including Express Mail and Special Delivery
Film and Photo Developing
Telephone and Fax Transmissions
Miscellaneous Materials & Supplies Applicable to this Project
Copies of Deeds, Easements or other Project Related Documents
Fees for Applications or Permits
Sub -Consultants
Taxes Levied on Services and Reimbursable Expenses
Cost
$0.56/mile*
$0.75/mile*
$85.00/day
Actual Cost
Actual Cost
Actual Cost
Actual Cost+10%
Actual Cost
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost+10%
Actual Cost
*Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change).
Page 1 of 1
Updated for Year 2021
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2022
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a professional services agreement with Olsson, Inc. in the amount of $201,840, pursuant to RFQ#21-01,
selection 9, for the development of a Lake Fayetteville Water Quality Study.
RESOLUTION/ORDINANCE
COUNCIL DATE: 5/1 7/2022
LEGISTAR FILE ID#: 2022-0366
}f o-�Ly 3lack�
4/22/2022 7:46 AM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 5/17/2022
CHKD/POSTED:
TOTAL 201,840 201,840
Increase / (Decrease)
Account Number Expense Revenue
v.20220414
Proiect.Sub#
Project Sub.Detl AT Account Name
2246.800.9716-5860.02 201,840 -
20023 2021 EX Capital Prof Svcs - Engineering/Architectu
2246.800.9246-4999.99 - 201,840
RE Use Fund Balance - Current
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\05-17-22\2022-0366
BA Lake Fayetteville Water Study 1 of 1