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HomeMy WebLinkAbout189-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 189-22 File Number: 2022-0693 WEST END APARTMENTS: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN OFFER TO PURCHASE APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 1125, 1137, 1153, AND 1189 NORTH WEST END AVENUE FOR THE AMOUNT OF $1,390,000.00 PLUS CLOSING COSTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the structures located at 1125, 1137, 1153 and 1189 N West End Ave (commonly referred to as the West End Apartments) have flooded multiple times according to city records; and WHEREAS, this flooding has led to significant loss of property for the residents and created a life safety issue in both the 2017 and 2022 flooding events; and WHEREAS, this flooding puts both the residents and the City of Fayetteville Emergency Services at risk when these flooding events occur; and WHEREAS, as a service to our residents, the City of Fayetteville participates in the Federal Emergency Management Agency (FEMA) Community Rating System (CRS). This provides for discounts (currently 5%) on most flood insurance policies within the City limits; and WHEREAS, as of November 30, 2018, the City of Fayetteville contained 532 flood insurance policies resulting in approximately $522,224 in annual premiums paid. The total insurance coverage in force was just over $122 million and the total paid losses since entering the program in 1982 was approximately $3.2 million; and WHEREAS, CRS regires the participating community to develop and implement a plan to deal with Page 1 Printed on 8118122 Resolution: 189-22 File Number: 2022-0693 structures that continually flood. In many instances, including this one, the only economically feasible option is to purchase the property; and WHEREAS, it will increase Fayetteville's overall flood resiliency and will reduce the overall flood loss to the community during large rain events affirming one goal of the Washington County Pre -Hazard Mitigation plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an offer to purchase approximately 1.74 acres of land located at 1125, 1137, 1153, and 1189 North West End Avenue for the amount of $1,390,000.00 plus closing costs as well as any other documents necessary to effectuate the purchase of this property, and further approves a project contingency in the amount of $10,000.00. 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 8/16/2022 Attest: .•••. �.��y•' CITY p •.•sG. FA YETTE Kara Paxton, City Clerk Treasurer �, • p • . . Page 2 Printed on 8118122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0693 Agenda Date: 8/16/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: CA WEST END APARTMENTS: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN OFFER TO PURCHASE APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 1125, 1137, 1153, AND 1189 NORTH WEST END AVENUE FOR THE AMOUNT OF $1,390,000.00 PLUS CLOSING COSTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the structures located at 1125, 1137, 1153 and 1189 N West End Ave (commonly referred to as the West End Apartments) have flooded multiple times according to city records; and WHEREAS, this flooding has led to significant loss of property for the residents and created a life safety issue in both the 2017 and 2022 flooding events; and WHEREAS, this flooding puts both the residents and the City of Fayetteville Emergency Services at risk when these flooding events occur; and WHEREAS, as a service to our residents, the City of Fayetteville participates in the Federal Emergency Management Agency (FEMA) Community Rating System (CRS). This provides for discounts (currently 5%) on most flood insurance policies within the City limits; and WHEREAS, as of November 30, 2018, the City of Fayetteville contained 532 flood insurance policies resulting in approximately $522,224 in annual premiums paid. The total insurance coverage in force was just over $122 million and the total paid losses since entering the program in 1982 was approximately $3.2 million; and WHEREAS, CRS regires the participating community to develop and implement a plan to deal with structures that continually flood. In many instances, including this one, the only economically feasible option is to purchase the property; and WHEREAS, it will increase Fayetteville's overall flood resiliency and will reduce the overall flood loss to the community during large rain events affirming one goal of the Washington County Pre -Hazard Mitigation plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF City of Fayetteville, Arkansas Page 1 Printed on 811812022 File Number: 2022-0693 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an offer to purchase approximately 1.74 acres of land located at 1125, 1137, 1153, and 1189 North West End Avenue for the amount of $1,390,000.00 plus closing costs as well as any other documents necessary to effectuate the purchase of this property, and further approves a project contingency in the amount of $10,000.00. 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 2 Printed on 811812022 City of Fayetteville Staff Review Form 2022-0693 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 7/27/2022 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a resolution authorizing the purchase of property and structures located at 1125, 1137, 1153 and 1189 N West End Ave, in the amount of $1,390,000 plus a $10,000 contingency for the associated closing costs and to approve a budget adjustment Budget Impact: 4704.860.7405-5805.00 4704 - Drainage Bond Projects Account Number Fund 46040.7405 Drainage Projects - Floodplain Buyout/Elevation 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 $ 5,586,277.00 $ 5,261,669.87 324,607.13 $ 1,390,000.00 $ 1,390,000.00 324,607.13 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: July 27, 2022 CITY COUNCIL MEMO SUBJECT: Approval of a resolution authorizing the purchase of property and structures located at 1125, 1137, 1153 and 1189 N West End Ave, in the amount of $1,390,000 plus a $10,000 contingency for the associated closing costs and to approve a budget adjustment. RECOMMENDATION: Staff recommends approval of a resolution authorizing the purchase of property and structures located at 1125, 1137, 1153 and 1189 N West End Ave, in the amount of $1,390,000 plus a $10,000 contingency for the associated closing costs and to approve a budget adjustment. This recommendation is based on the following: 1. The structures located at 1125, 1137, 1153 and 1189 N West End Ave (Commonly referred to as the West End Apartments) have flooded multiple times according to city records. 2. This flooding has left to significant loss of property for the residents and created a life safety issue in both the 2017 and 2022 flooding events. 3. This flooding puts both the residents and the City of Fayetteville Emergency Services at risk when these flooding events occur. 4. As a service to our residents, the City of Fayetteville participates in the Federal Emergency Management Agency (FEMA) Community Rating System (CRS). This provides for discounts (currently 5%) on most flood insurance policies within the City limits. 5. As of November 30, 2018, the City of Fayetteville contained 532 flood insurance policies resulting in approximately $522,224 in annual premiums paid. The total insurance coverage in force was just over $122 million and the total paid losses since entering the program in 1982 was approximately $3.2 million. 6. CRS requires the participating community to develop and implement a plan to deal with structures that continually flood. In many instances, including this one, the only economically feasible option is to purchase the property. 7. It will increase Fayetteville's overall flood resiliency 8. It will reduce the overall flood loss to the community during large rain events affirming one goal of the Washington County Pre -Hazard Mitigation plan. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BACKGROUND: The subject property and structures are located within Zone AE according to flood insurance rate map 05143CO220F with portions of the structures and the property located within the floodway. For those not familiar, the Special Flood Hazard Area (SFHA) is made up of multiple "zones." These zones identify the various risks as well as the applicable regulations for development. Zone AE is commonly referred to as the 100-year floodplain and is made up of both floodplain and floodway. The floodway is the area designated by the Federal Emergency Management Agency, FEMA, for flood water conveyance. This is often relatively high velocity flood waters and the regulations are very restrictive as the intent is for this area to remain open space in order to preserve that conveyance. It is also the intent of the regulation to restrict developments in these areas which are the most susceptible to flooding. Unfortunately, these structures were located within a high -risk area prior to the maps being adopted by the City and as such have a long history of flooding. DISCUSSION: The West End Apartments contain approximately 50 total units spread over 4 structures. As stated previously, this apartment complex has flooded multiple times with the most recent occurring in April of 2017 and May of 2022. During those events, water entered all 4 of the buildings located on the property and impacted all of the residents. In each event, residents suffered the loss of much of their property including in some instances the vehicles they own that were in the parking area. Due to the velocity of the floodwater, emergency services also had to perform swiftwater rescues for many of the residents located in the facility endangering both the residents and the emergency crews. As an increase in the danger, the May 2022 event occurred in the early morning hours with little warning to the residents of the facility. As a response to the flooding that occurred in 2017, City staff brought forward a proposal for a flood study to be completed to look at potential solutions to the flooding for the Hamestring Creek area upstream of 1-49. This included several tributaries of Hamestring Creek including the tributary that flows next to the West End Apartments. As a result of that study, there was no real action with regard to upsizing culverts and channels that would reduce or eliminate the flooding to these structures. Left with no other feasible solutions, staff began to research the potential to purchase the structures. While we do understand the impact it would have to the residents of the West End Apartments, staff feels that the life safety issues and continual flood losses experienced by the owner and residents warrant the purchase of these faculties by the City and removal of those residents from harm's way. After the May 2022 event, the apartment complex was offered for sale. At that time, staff began working with the administration on the potential to purchase the apartments while there was a willing seller. As such, this proposal is brought forward for council's consideration to purchase the facility. After the purchase, there are potential grant options that could help cover at least a portion of the demolition costs and restoration of the riparian area. Due to the urgency associated with the purchase, these items will be brought forward at a later date for council's consideration. It should be noted that this property is currently under contract to purchase. The attached draft offer letter would be contingent on the current offer to purchase not being completed for any reason. Upon approval from council, the offer letter will be signed and forwarded to the owner and the Land Sale Agreement which is also attached would be completed. If the offer is accepted and the current land sale is not completed for some reason, the City would proceed with preparing all necessary documents and scheduling a closing date. BUDGET/STAFF IMPACT: As a part of the process, engineering staff had the property appraised to get a general idea of the market value. As of July 2022, the market value of the property was indicated to be $1,390,000 based on that appraisal. The proposed source for the funding would be the 2019 Drainage Bond Funds as portions of the funding were originally planned for floodplain buyout opportunities. Attachments: See photos on following pages Draft offer letter Draft Land Sale Agreement May 2022 Flood: High water mark located on a door at 1125 N West End Ave. Debris and some items lost in the flood by residents 4 High water mark on door at 1189 N West End. Depth from sidewalk grade approximately 18 inches. 6" 1" IVV) wedinwoll PI Amd"I 9 .LArM"­ - q W40 W I/ Map of the flood pl ai n/f loodway July 29, 2022 WERP, LLC 418 E Huntsville Road Fayetteville, AR 72701 RE: Dear Ladies and Gentlemen. CITY OF FAYETTEVILLE AR CANSAS West End Apartments Parcel #765-13695-000 Offer to Purchase As you may be aware, the City of Fayetteville is working diligently to gain approval to purchase a property you own known as West End Apartments. You are fully aware that there have been flooding issues at this location and our purchase of the property would prevent someone else purchasing it and having the same issues you and your tenants have. Based on a recent appraisal, the City offers to purchase this property for the amount of $1,390,000.00, contingent upon execution of a final Land Sale Agreement and the property being completely vacant of all tenants at the time the Land Sale Agreement is executed. A copy of the appraisal can be provided if you wish to see it. Below are the general terms of the City's offer: A. Purchase Price of $1,390,000.00 B. Closing to occur within 90 days following the date of the Land Sale Agreement C. Title Insurance to be provided by Seller D. Taxes to be prorated as of the date of closing E. Both parties shall equally share closing fees. F. Buyer shall be responsible for any revenue stamps and recording fees The full details of the sale will be memorialized in a final Land Sale Agreement negotiated between you and the City at a future date. A draft Land Sale Agreement is included for your reference. A City Land Agent will be glad to meet with you or your representatives at your convenience and discuss this offer and there will be an official closing handled by a title company within 90 days of all approvals and signatures. Please contact Holly Jones at (479) 444-3414 (hiones(&fayetteville-ar.gov) or Brandi Samuels at 479-444-3421 (bsamuels@fayetteville-ar,gov) regarding the closing. For any other questions or concerns, please contact Alan Pugh, Stormwater Engineer at (479) 575-8208 (apugh(&favettevilie-ar.gov), or Chris Brown, Public Works Director/City Engineer, can be reached at (cbrownQfayetteville- ar.gov). If the general terms above meet with your approval, please indicate your acceptance by signing below and we will work with you to finalize the Land Sale Agreement. Sincerely, Lionel ordan Mayor LJ/hj Accepted: WERP, LLC By: Title: Mailing Address: 113W, Mountain Streot www.fayetteville-ar.gov Fayetteville, AID 72701 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 resolution authorizing the purchase of property and structures located at 1125, 1137, 1153 and 1189 N West End Ave, in the amount of $1,390,000 plus a $10,000 contingency for the associated closing costs and approval of a budget adjustment RESOLUTION/ORDINANCE COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0693 }f o-�Ly 3lack� 712812022 8:35 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20220718 Account Name 4704.860.7405-5805.00 1,390,000 - 46040 7405 EX Land - Acquisition 4704.860.7405-5911.99 4704.860.7999-5899.00 10,000 - (1,400,000) - 46040 7405 EX 46040 7999 EX Contingency -Capital Project Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0693 BA West End Apartments 1 of 1 DocuSign Envelope ID: 80BAC96C-6FC2-47C7-9410-CF433F09EF51 LAND SALE AGREEMENT This Land Sale Agreement is made and entered into by and between the City of Fayetteville, Arkansas, an Arkansas municipal corporation (hereinafter "City" or "Fayetteville") and WERP, LLC, an Arkansas Limited Liability Company (hereinafter "the Sellers"). TERMS AND CONDITIONS PURCHASE AND SALE Subject to the terms and conditions, mutual promises and covenants of this Agreement, the City of Fayetteville agrees to purchase, and the Sellers agree to sell, the following described property (the "Property"): SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION 2. PURCHASE PRICE Subject to the terms and conditions, mutual promises and covenants of this Agreement, the City agrees to purchase the Property for One Million, Three Hundred Ninety Thousand Dollars and No/100 ($1,390,000) to be paid to the Sellers by the City on or before the Closing Date. 3. CONTINGENCIES This sale shall be contingent upon the property being vacant of all tenants at the time this Agreement is signed by the Seller and Seller is responsible for maintaining that vacancy until closing. 4. CLOSING DATE AND PLACE Closing shall occur within 90 days following the date this Agreement has been executed by the parties. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of Fayetteville or at another location agreed upon by the parties. The Closing Date may be extended upon the mutual agreement of the parties. 5. DATE OF POSSESSION Possession of the Property shall be delivered to the City of Fayetteville on the Closing Date free of any tenancies or other third -party possessory rights. 6. TITLE INSURANCE The Sellers shall order a title commitment on the Property, as soon as practicable following the full execution of this Agreement, through a title insurance company selected by the Sellers and acceptable to the City. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), The Sellers shall have thirty (30) days from the date of the City notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the City may terminate this agreement or may, at its election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by the Sellers. 7. DEED, TAXES, CLOSING COSTS, AND OTHER DOCUMENTS On the Closing date, the Sellers shall convey marketable and insurable title to the premises by general warranty deed, free and clear of all liens, restrictions, and encumbrances except easements and rights -of -way of record, or as provided in this Agreement Taxes and special assessments due on or before the date of closing shall be paid by Sellers. Ad valorem taxes shall be prorated as of the date of closing. The City and the Sellers shall equally share the cost of a reasonable closing fee imposed by the closing agent employed by parties provided however that the City shall be responsible for any revenue stamps resulting from this transaction and all recordings fees for the deed DocuSign Envelope ID: 80BAC96C-6FC2-47C7-9410-CF433F09EF51 and other documents that need to be filed. 8. RISK OF LOSS Risk of loss as to the Property shall remain with the Sellers until the Closing date. 9. THE CITY OF FAYETTEVILLE'S DUE DILIGENCE The City may enter upon the Property to conduct any surveying, testing or inspection it deems necessary to ensure the Property will be appropriate and safe. If the City discovers any problems that would adversely impact its development and use of the Property for its facilities, the City shall notify the Sellers who shall be granted sixty (60) days to remediate any problem. The Sellers may also terminate this Agreement without penalty rather than remediating any problem or issue discovered by the City. 10. NOTICES Notices required by this Agreement shall be in writing and shall be delivered to: City of Fayetteville WERP, LLC, an Arkansas Limited Liability Company ATTN: Mayor's Office c/o John C. Cloyed, Jr. 113 W. Mountain Street 418 E Huntsville Road Fayetteville, AR 72701 Fayetteville, AR 72701 11. AUTHORITY Each of the undersigned individuals represent and warrant that they are authorized to enter into this Agreement on behalf of themselves or their respective entities and that execution hereof will bind all parties to this Agreement. 12. COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. 13. FACSIMILE For purposes of executing this Agreement, a scanned or facsimile signature shall be as effective an as actual signature. 14. APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Arkansas with venue in Washington County, Arkansas. 15. SURVIVAL The representations, warranties, and agreements of the parties contained herein shall survive the closing date. 16. NO WAIVERS The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be- deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. 17. TIME OF ESSENCE Time is of the essence in this Agreement. DocuSign Envelope ID: 80BAC96C-6FC2-47C7-9410-CF433F09EF51 18. INVALIDITY If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. 19. COMPLETE AGREEMENT All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by all of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to the City at closing. IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement and after being properly authorized by the Fayetteville City Council, the Mayor and City -Clerk Treasurer of the City of Fayetteville, Arkansas, Purchaser, sign their names below: PURCHASER: CITY OF FAYETTEVILLE, ARKANSAS ATTEST; ��titG�-f� R K• �! rRF C o' ^_ .fig ara Paxton, C y erk-Treasurer �y; .y ; - IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement, Sellers sign below: SELLER: WERP, LLC, an Arkansas Limited Liability Company DocupSigned by: By , 6Lt I , h� t, .1 r. MQ.7kukWed, Jr., Manager DocuSignedd bbyy:,,�� Byd'- I,�����gdVlember 3 DocuSigned by: B , 6(ut F (,l6�4 onFazEGdoyersd, Member Date: 8/25/2022 1 1:59 PM ADT EXHIBIT A Legal Description from Warranty Deed: 2015-13714 A part of the of SE '/ of the NE '/4 of Section 7, T-16-N, R-30W, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is 1,029.00 feet west and 62.55 feet north of the SE corner of said 40 acre tract and running thence N 76 degrees 56'27" W along the north right of way of Wedington Drive 92.29 feet; thence N 89 degrees 44'02" W along said right of way 60 feet to the centerline of a creek; thence along said creek centerline N00 degrees 36'11" W, 70.93 feet; thence N01 degrees 31'24"W, 124.97 feet; thence N17 degrees 57'03" W, 87.21 feet, thence N00 degrees 20'43"E, 55.04 feet; thence N01 degrees 05'58" W, 91.44 feet; thence NO3 degrees 20'10"W 101.23 feet; thence leaving said creek centerline N89 degrees 57'55" E 161.95 feet to the west right of way line of West end drive thence along said right of way south 547.45 feet to the point of beginning. Containing 1.74 acres, more or less. Subject to the portion of utility restrictions and rights of way of record. Subject to any easements, rights of way, restrictive covenants and/or bills of assurance of record, if any. CI Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 10/14/2022 8:48:56 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2022-00033679 LIMITED LIABILITY COMPANY WARRANTY DEED KNOW-ALL PERSONS- BY -THESE -PRESENTS: That WERP, LLC, an Arkansas Limited Liability Company, hereinafter called GRANTOR, by its Manager, duly authorized, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter called GRANTEE, does hereby Grant, Bargain, Sell and Convey unto GRANTEE, and unto its successors and assigns forever, the following described property situate in Washington County, Arkansas, to -wit: A PART OF THE OF SE IK OF THE NE'/4 OF SECTION 7, T-16-N, R-30 , WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 1,029.00 FEET WEST AND 62.55 FEET NORTH OF THE SE CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE N 76 DEGREES 56'27" W ALONG THE NORTH RIGHT OF WAY OF WEDINGTON DRIVE 92.29 FEET; THENCE N 89 DEGREES 44'02' W ALONG SAID RIGHT OF WAY 60 FEET TO THE CENTERLINE OF A CREEK; THENCE ALONG SAID CREEK CENTERLINE N00 DEGREES 36'11" W, 70.93 FEET; THENCE N01 DEGREES 31'24"W, 124.97 FEET; THENCE N17 DEGREES 57'03'° W, B7.21 FEET, THENCE N00 DEGREES 20'43"E, 55.04 FEET; THENCE N01 DEGREES 05'58" W, 91.44 FEET; THENCE NO3 DEGREES 20'10"W 101.23 FEET; THENCE LEAVING SAID CREEK CENTERLINE N89 DEGREES 57'55" E 161.95 FEET TO THE WEST RIGHT OF WAY LINE OF WEST END DRIVE THENCE ALONG SAID RIGHT OF WAY SOUTH 547.45 FEET TO THE POINT OF BEGINNING. CONTAINING 1.74 ACRES, MORE OR LESS. SUBJECT TO THE PORTION OF UTILITY RESTRICTIONS AND RIGHTS OF WAY OF RECORD. SUBJECT TO ANY EASEMENTS, RIGHTS OF WAY, RESTRICTIVE COVENANTS AND/OR BILLS OF ASSURANCE OF RECORD, IF ANY. SAID PROPERTY BEING THE SAME AS THE PROPERTY DESCRIBED IN SURVEY PREPARED BY THE CITY OF FAYETTEVILLE, ARKANSAS, DATED SEPTEMBER 16, 2022, BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS: A PART OF THE SOUTHEAST QUARTER (114) OF THE NORTHEAST QUARTER (1/4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, 5TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY -ACRE TRACT, THENCE ALONG THE SOUTH LINE OF SAID FORTY -ACRE TRACT NORTH 87"24'25" WEST 1151.24 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE NORTH 01°58'56" EAST 83.65 FEET TO THE POINT OF BEGINNING BEING THE CENTERLINE OF THE SOUTH FORK OF HAMESTRING CREEK AND THE NORTHERLY RIGHT-OF-WAY WEDINGTON DRIVE (STATE HWY 16 HWY. COMM. JOB BBO 411); THENCE LEAVING SAID RIGHT-OF-WAY ALONG SAID CENTERLINE OF CREEK THE FOLLOWING COURSES, NORTH 01.23'43" EAST 195.89 FEET TO A POINT; THENCE NORTH 15°21'56" WEST 87.21 FEET TO A POINT; THENCE File Number: 2022-00033679 Page 1 of 3 LIMITED LIABILITY COMPANY WARRANTY DEED KNOW ALL PERSONS BY THESE -PRESENTS: That WERP, LLC, an Arkansas Limited Liability Company, hereinafter called GRANTOR, by its Manager, duly authorized, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter called GRANTEE, does hereby Grant, Bargain, Sell and Convey unto GRANTEE, and unto its successors and assigns forever, the following described property situate in Washington County, Arkansas, to -wit: A PART OF THE OF SE'/a OF THE NE % OF SECTION 7, T-16-N, R-30W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 1,029.00 FEET WEST AND 62.55 FEET NORTH OF THE SE CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE N 76 DEGREES 56'27" W ALONG THE NORTH RIGHT OF WAY OF WEDINGTON DRIVE 92.29 FEET; THENCE N 89 DEGREES 44'02" W ALONG SAID RIGHT OF WAY 60 FEET TO THE CENTERLINE OF A CREEK; THENCE ALONG SAID CREEK CENTERLINE N00 DEGREES 36'11" W, 70.93 FEET; THENCE N01 DEGREES 31'24"W, 124.97 FEET; THENCE N17 DEGREES 57'03" W, 87.21 FEET, THENCE NOO DEGREES 20'43"E, 55.04 FEET; THENCE N01 DEGREES 05'58" W, 91.44 FEET; THENCE NO3 DEGREES 20'10"W 101.23 FEET; THENCE LEAVING SAID CREEK CENTERLINE N89 DEGREES 57'55" E 161.95 FEET TO THE WEST RIGHT OF WAY LINE OF WEST END DRIVE THENCE ALONG SAID RIGHT OF WAY SOUTH 547.45 FEET TO THE POINT OF BEGINNING. CONTAINING 1.74 ACRES, MORE OR LESS. SUBJECT TO THE PORTION OF UTILITY RESTRICTIONS AND RIGHTS OF WAY OF RECORD. SUBJECT TO ANY EASEMENTS, RIGHTS OF WAY, RESTRICTIVE COVENANTS AND/OR BILLS OF ASSURANCE OF RECORD, IF ANY. SAID PROPERTY BEING THE SAME AS THE PROPERTY DESCRIBED IN SURVEY PREPARED BY THE CITY OF FAYETTEVILLE, ARKANSAS, DATED SEPTEMBER 16, 2022, BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS: A PART OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, 5TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY -ACRE TRACT, THENCE ALONG THE SOUTH LINE OF SAID FORTY -ACRE TRACT NORTH 870'24'25" WEST 1151.24 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE NORTH 01058'56" EAST 83.65 FEET TO THE POINT OF BEGINNING BEING THE CENTERLINE OF THE SOUTH FORK OF HAMESTRING CREEK AND THE NORTHERLY RIGHT-OF-WAY WEDINGTON DRIVE (STATE HWY 16 HWY. COMM. JOB BBO 411); THENCE LEAVING SAID RIGHT-OF-WAY ALONG SAID CENTERLINE OF CREEK THE FOLLOWING COURSES, NORTH 01 °23'43" EAST 195.89 FEET TO A POINT; THENCE NORTH 15°21'56" WEST 87.21 FEET TO A POINT; THENCE NORTH 00053'33" EAST 247.63 FEET TO A POINT; THENCE LEAVING SAID CENTERLINE OF CREEK SOUTH 87024'53" EAST 162.27 FEET TO THE WESTERLY RIGHT-OF-WAY OF N. WEST END AVENUE AND A SET 518" REBAR LABELED ""COF 1514"; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 02055'33" WEST 546.67 FEET TO THE SAID NORTHERLY RIGHT -OF- WAY AND A FOUND REBAR WITH CAP LABELED "1826"; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 74021'21" WEST 89.28 FEET TO A POINT; THENCE NORTH 87009'26" WEST 33.79 FEET TO THE POINT OF BEGINNING AND HAVING AN AREA OF 1.739 ACRES MORE OR LESS. STREET ADDRESS: 1125 W END AVE, FAYETTEVILLE, AR 72702 TO HAVE AND TO HOLD the same unto the GRANTEE and unto its successors and assigns forever, with all appurtenances thereunto belonging. And the GRANTOR hereby covenants with the GRANTEE that it will forever warrant and defend the title to the property against all lawful claims whatever, subject to any declarations, easements, restrictions or reservations of record. WITNESS the name and seal of the GRANTOR on Wcberl , 2022. WERP, LLC, an Arkansas Limited Liability Company HNC. CLOY ,Manager STATE OF ARKANSAS } 6r )SS COUNTY OF Lk ► ) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public within and for the County and State aforesaid, duly commissioned and acting, JOHN C. CLOYED, to me well known as the Manager of WERP, LLC, an Arkansas Limited Liability Company, and stated that he is duly authorized in his capacity to execute the foregoing Deed for and in the name and on behalf of the limited liability company, and further stated that he had so executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on (14,r6if , 2022. Seal, Commission No. & Expr.: N I C d L E CONGER Notary Public -Arkansas Washington County 4?t�AM4"— FMVommissionExpires 12-68-2027 Notary Public oe I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this Instrument. Grantee o g Address for Tax Statement This document prepared by Edwin N. McClure; Matthews, Campbell, Rhoads, McClure & Thompson, PA; 119 S 2nd St, Rogers, AR 72756; Arkansas Bar Number 86118; Missouri Bar Number 64332; New York Registration Number 5505540 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Real Property Transfer Tax Affidavit of Compliance Form O Grardee (Punch s.er) Name T o� I'e SeAe Grantor 'r) Marne er L� Add } r �! [� `Stale ({]] Address "PO T City r Ztp Code City State Tap Code Date of real property transfer (as reflected on the transfer instrument); Ib(13� ZZ Name of the county where the property is located.,3Vli} O� Amount of the full consideration for the transaction: Please select the appropriate exemption below, transfer to or from the United States, the State of Arkansas or any of the instrumentalities. agencies, or political subdivisions of the �A United States or the State of Arkansas. (i Any instrument or writing given solely to secure a debt �-. Any instrument solely for the purpose of correcting or replacing an instrument that has been previously recorded with full payment of the tax having been paid at the time of the previous recordation. (" An instrument conveying land sold for delinquent taxes (` An instrument conveying leasehold interest in land only. r An instrument, Including a timber deed, that conveys or grants the right to remove timber from land if the Instrument grants or conveys the right to remove limber for a period of not to exceed twenty-four (24) months. �- An Instrument given by one (1) party In a divorce action to other party to the divorce action as a division of marital property whether by agreement or order of the court. r An instrument given in any judicial proceeding to enforce any security interest in real estate when the instrument transfers the property to the some person who is seeking to enforce the security Interest. r An instrument given to a secured party in lieu of or to avoid a judicial proceeding to enforce a security interest in real estate. An instrument conveying a home financed by the Federal Housing Administration, the United States Department of Veterans Affairs, or r the United States Department of Agriculture Rural Development, if the sale price of the home is sixty thousand dollars (360,000) or less and the seller tiles with the county recorder of deeds a sworn statement by the buyer slating that neither the buyer nor the spouse of the buyer has owned a home within three (3) years of the dale of closing and also stating the sale price of the home. An instrument conveying land between corporations, partnerships, limited liability companies, or other business entities or between a {' business entity and Its shareholder, partner or member incident to the organization, reorganization, merger,consoRdalion. capitalization, asset distribution, or liquidation of a corporation, partnership, limited liability company, or other business entity. (' A beneficiary deed under ACA 18-12-608. f Consideration of $100 or less l: Other (Explain): I certify under penalty a( false swearing that documentary stamps or a docum l Mary sym I. legally I. amount has been placed on this instrument. I> -d Q rL (Print Name) IS of Requestor) (Dale) — Real Property Tax Affidavll of Compliance Form (R 10106113) City of Fayetteville Staff Review Form 2025-0008 Item ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Alan Pugh 1/4/2025 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of an engineering services contract in the amount of $19,800 with Olsson, Inc for flood analysis and wetlands study of the former N West End Apartment property. Budget Impact: 4470.621.8810-5314.00 Account Number 02108.1 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Sales Tax Capital Improvement Fund Other Drainage Projects Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget $ 194,536.00 $ 3,581.82 190,954.18 $ 19,800.00 171,154.18 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 2022-0693 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF _ FAYETTEVILLE ARKANSAS TO: Mayor Molly Rawn THRU: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer DATE: 1/4/2025 STAFF MEMO SUBJECT: Approval of an engineering services contract in the amount of $19,800 with Olsson, Inc for flood analysis and wetlands study of the former N West End Apartment property. RECOMMENDATION: Staff recommends approval of an engineering services contract in the amount of $19,800 with Olsson, Inc for flood analysis and wetlands study of the former N West End Apartment property. BACKGROUND: Due to historic and ongoing flooding of multiple structures located at 1125, 1137, 1153 and 1189 N West End Ave, the City Council approved Resolution 2022-0693 which approved the purchase of the property on August 16, 2022. As presented at that meeting, the solution to solve the flooding issues on this property was to complete the purchase and remove the structures. At the time of purchase, staff had an informal quote for removal of the structures which was approximately $125,000 not including any asbestos abatement. The structures were ultimately removed using City staff and material removed from the site through a contract with CARDS NWA, however, the slabs were left in place. DISCUSSION: Preliminary plans were recently completed in-house for the removal of the slabs and grading of the area to provide additional floodplain storage. Given the history of Olsson producing flood study scenarios for the area, they are able to utilize their previous work as a basis reducing both the time and cost to complete the study. For those reasons, staff recommends engaging Olsson to analyze the proposed grading to determine if the proposed will improve or at least not worsen the flooding situation for the area. Due to the fact some grading is proposed within the ordinary high-water mark of the Sout Fork Hamestring, they will also perform a wetland analysis and aid in the necessary Corps of Engineers permitting. BUDGET/STAFF IMPACT: The project will be funded using Sales Tax Capital Improvement funds set aside for drainage improvements. Attachments: City of Fayetteville AR_West End Apt NAI 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. THIS AGREEMENT is made on the 7 of January 2025, 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. 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. West End Apartments No Adverse Impact Analysis — Professional Engineering Services 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 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. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4- PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix B. SECTION 5- PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $19,800. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis described in Appendix C. 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 West End Apartments No Adverse Impact Analysis — Professional Engineering Services 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 West End Apartments No Adverse Impact Analysis — Professional Engineering Services 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. West End Apartments No Adverse Impact Analysis — Professional Engineering Services 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. West End Apartments No Adverse Impact Analysis — Professional Engineering Services 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 West End Apartments No Adverse Impact Analysis — Professional Engineering Services 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 Boulevard Ste. 310 Fayetteville, Arkansas 72703 West End Apartments No Adverse Impact Analysis — Professional Engineering Services 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 West End Apartments No Adverse Impact Analysis — Professional Engineering Services out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the West End Apartments No Adverse Impact Analysis — Professional Engineering Services 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, 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 E -SIGNED by Molly Rawn By on 2025-01-07 19:48:34 GMT Mayor, Molly Rawn ATTE -SIGNED by Kara P" EVILI By:O'1 2025-01-07 19:54:010. City Clerk Treasurer, Kara Paxton ENGINEER Senior Team Leader END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES West End Apartments No Adverse Impact Analysis — Professional Engineering Services 10 APPENDIX A SCOPE OF SERVICES This exhibit is hereby attached to and made a part of the Letter Agreement for Professional Services dated January 7, 2025 between City of Fayetteville, Arkansas ("Client") and Olsson, Inc. ("Olsson") providing for professional services. Olsson's Scope of Services for the Agreement is indicated below. PROJECT DESCRIPTION AND LOCATION Project will be located at: Parcel No. 765-13695-000, South Fork Hamestring Creek, Fayetteville, Arkansas Project Description: West End Apartments No Adverse Impact Analysis SCOPE OF SERVICES Olsson shall provide the following services (Appendix A) to Client for the Project: Phase 100 — No Adverse Impact Analysis $13,800.00 Olsson shall provide the following services. • Project coordination, including Project emails and telephone calls with Client. • Attend one teleconference meeting, if required, with Client. Coordination time, as required, with City of Fayetteville, Arkansas (City) Floodplain Administrator and Engineering Staff to address minor questions. Additional coordination requirements with Client and Others not specifically mentioned in this Scope of Services to discuss or explain Project results will be considered as Additional Services. • Obtain publicly available LiDAR data for Project area and process data in preparation for development of hydrologic and hydraulic modeling and floodplain mapping. • Utilize effective hydrologic and hydraulic modeling for South Fork Hamestring Creek from Federal Emergency Management Agency (FEMA) Engineering Library, if available. Review effective modeling to confirm that it matches what is shown in current Flood Insurance Study (FIS) information for Washington County, Arkansas. If effective hydrologic and hydraulic models are not available at time of analysis, Olsson shall create replica hydrologic and hydraulic modeling for Project area using FEMA Standards and Technical Reference guidelines. Please note that requests to FEMA Engineering Library may take up to one month to complete. o Project area for hydrologic analysis will be all areas that drain to confluence of Hamestring Creek and South Fork Hamestring Creek, approximately 700 feet downstream of Project area. o Project area for hydraulic analysis will be from confluence of Hamestring Creek and South Fork Hamestring Creek upstream to W Wedington Drive as shown on FEMA Flood Insurance Rate Map (FIRM) 051430204G, dated January 25, 2024. o If collection of additional data to extend model beyond proposed Project extent or processing of additional datasets is required, these tasks shall be considered as Additional Services and may extend timeline. Page 1 of 5 Updates to effective hydrologic model, where necessary, to develop existing and proposed conditions models. If no hydrologic model is available, Olsson shall create a replica hydrologic model using FEMA Standards and Technical Reference guidelines. Updates to hydrologic modeling may include, but are not limited to: o Land use and Manning's "n" roughness coefficient data. o Recalculate Time of Concentration for Project area. o Review precipitation information of Project area. Discharge information for one -percent -annual -chance event will be utilized. If additional discharge events are provided, Olsson shall utilize them per FEMA standards. (e.g., 10-, four-, two-, one-, and 0.2 percent -annual -chance (10-, 25-, 50-, 100- 500 -year) flood events). If there is No Adverse Impact to hydrologic conditions of South Fork Hamestring Creek (e.g., no increase in reported flows), Olsson shall continue to hydraulic analysis. If No - Adverse -Impact condition is not achieved, Olsson shall perform up to two additional model scenarios to meet No -Adverse -Impact condition. If additional model scenarios, outside additional scenarios listed above, are required, these tasks shall be performed as Additional Services. Upon completion of Hydrologic Analysis, Olsson shall make updates to effective hydraulic model where necessary, to develop a Duplicate Effective Model and Corrected Effective Model. Updates may include, but are not limited to: o United States Army Corps of Engineers (USACE) HEC-RAS (Version 6.x) program. o Review and update as needed, Manning's "n" roughness coefficients. o Define downstream boundary conditions for current Project area of interest. o Develop additional model cross sections as deemed necessary. o Incorporation of any survey or topographic data deemed necessary for modeling Project area. Use copy of Corrected Effective Model to create Proposed conditions Model, representing proposed development. Results of model shall be compared to Corrected Effective Model to determine if proposed grading will achieve a No -Adverse -Impact condition on stream. If No -Adverse -Impact condition is achieved, Olsson shall finalize and prepare a short report with supporting documentation for submittal to Client, describing methods used and results determined in analysis for submission to City of Fayetteville, Arkansas, personnel. If a No -Adverse -Impact condition is not achieved, Olsson shall perform up to two additional scenarios in an attempt to meet a No -Adverse -Impact condition. If additional modeling scenarios, outside two listed above are required, these tasks shall be performed as Additional Services. Address up to one set of comments provided by Client within two weeks after receipt. After addressing comments, Olsson shall finalize No -Adverse -Impact documentation. Page 2 of 5 Phase 200 — Wetland and Stream Delineation and Report $6,000.00 Olsson shall provide the following services. Complete wetland and stream delineation for half -acre Project site. Olsson shall follow methods described in USACE Wetland Delineation Manual (January 1987) and Regional Supplement to USACE Wetland Delineation Manual: Eastern Mountains and Piedmont (Version 2.0) (November 2010). Conduct desktop review of available databases to determine areas within Project site study area that may have potential wetlands or other waters. Review shall include accessing information from National Hydrography Dataset (NHD), National Wetland Inventory (NWI), U.S. Geological Survey (USGS) 7.5 -minute topographic maps, Natural Resources Conservation Service (NRCS) soil data, and current and historical aerial imagery. Conduct site visit to field verify presence or absence of wetlands, streams and other waters identified during desktop review. Site visit shall be conducted by traversing Project site study area to identify wetland characteristics, including hydrophytic vegetation, hydric soils, and wetland hydrology. Wetland and/or other waters boundaries will be delineated using sub -meter accuracy global positioning system (GPS) units. Eastern Mountains and Piedmont Region Data Forms will be completed. Photographs documenting site conditions, including wetlands and other waters, shall be provided. Agricultural areas require additional sample points primarily to document soil conditions. Transects shall be developed through areas of potential farmed wetlands. Upon completion of site visit, Olsson shall prepare report documenting wetland and stream delineation findings detailing presence or absence of wetlands, streams and other waters within Project site study area. Wetland delineation and stream delineation report shall include a narrative of how wetland and stream delineation was conducted and a summary of wetland and stream delineation results. Figures documenting information gathered during desktop review, showing wetland, streams and other waters boundaries, sample point locations, and photo point locations shall be included in report. Phase 300 — Nationwide Permit Preconstruction Notification (if required) $6,000.00 Olsson shall provide the following services. Submit Clean Water Act, Section 404, nationwide permit pre -construction notification to USACE for Project site. Nationwide permits are general department of army (DA) permits that meet a set of nationwide standards that have minimal individual and cumulative environmental impacts. Nationwide permits are required when jurisdictional aquatic impacts occur related to Project. Olsson shall follow Clean Water Act regulations (33 CFR Parts 320-332) and Section 404(b)(1) Guidelines (40 CFR Part 230). Nationwide permits include description of Project, aquatic impacts, threatened and endangered species (desktop evaluation), and cultural resources (desktop evaluation). Following completion of permit, Olsson shall submit permit request to USACE for permit issuance. PROJECT TOTAL: $19,800.00 + Phase 300: $6,000.00 Page 3 of 5 SCHEDULE FOR OLSSON'S SERVICES Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows: Anticipated Start Date: Upon receipt of executed Agreement Anticipated Completion Date: Four months following receipt of executed Agreement and Client -provided information Please note that receipt of Federal Emergency Management Agency (FEMA) effective hydraulic model may take up to one to -two months as it is subject to outside influences (e.g., FEMA Library schedule, data transfers, et cetera). Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated Completion Date, and any milestone dates are approximate only, and Olsson reserves the right to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including, but not limited to, delays caused by Client or delays caused by third parties. COMPENSATION Client shall pay to Olsson for performance of Appendix A, lump sum of Nineteen Thousand and Eight Hundred Dollars ($19,800.00) plus reimbursable expenses in accordance with Reimbursable Expense Schedule attached to this Agreement. Olsson shall submit invoices on a monthly basis, and payment is due within 30 calendar days of invoice date. ASSUMPTIONS • Client shall provide Project description, location information, Project design sheets, and general Project location map. • Project site access and landowner permission. • Quantity (in cubic yards and square feet) of dredge and fill in Waters of United States from Project. • Quantity (in cubic yards and square feet) of temporary and permanent impacts by Project to Waters of United States. • Additional data or analyses, shall be considered as Additional Services, unless identified in the above Scope of Services. • Additional meetings with Client or Others not specifically described in the above Scope of Services shall be considered as Additional Services. • Coordination, preparation, or submittal of specific drainage reports, State or Federal permits, floodplain development permits to local, state or federal agencies that may have a regulatory jurisdiction over Project area, such as Arkansas Natural Resources Division, USACE, FEMA, et cetera, unless identified in the above Scope of Services shall be performed as Additional Services. • Time to perform more advanced 2D modeling, should a 1D hydraulic analysis not produce adequate results. If required, 2D modeling shall be performed as Additional Services. • Applications and fees to FEMA for Letters of Map Change, and/or permits, applications, drainage reports, or fees required by local, state, or federal agencies that may have a regulatory jurisdiction over Project area or on Property are not within Scope of Services, unless identified specifically. Page 4 of 5 • If survey data is required to supplement Effective Model and topographic data, Olsson shall provide surveying services as Additional Services. Field survey information shall be certified by a registered Professional Surveyor in State of Arkansas and shall be provided in a Horizontal Datum of NAD83, Arkansas State Plane North Zone (US Survey Foot) and a Vertical Datum of NAVD88. Olsson shall perform coordination with surveyor to describe information required, as required. • Proposed design plans shall be provided by Client. Information received shall be provided in Autodesk AutoCAD DWG format or PDF format. • No additional detailed hydrologic analysis will be performed as part of Scope of Services. Should existing hydrologic model information require editing, tasks to revise information shall be considered as Additional Services and may extend timeline. • Delivery of No -Adverse -Impact documentation will be responsibility of Client. EXCLUSIONS • Agency or Client meetings, other than phone call discussions. • Changes in Project design or location requiring changes to report. • Nationwide Permit Preconstruction Notification. • Individual Permit (over 0.5 acre of wetland impacts). • On -Site Habitat or Threatened and Endangered Species Evaluations. • On -Site Cultural Resources Study or Evaluation. • Permittee Responsible Mitigation Plan and Monioring. • Two or more site visits with USACE. • Individual Permit (over 0.5 acre of wetland impacts). 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. 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. Page 5 of 5 APPENDIX B Schedule and Deliverables West End Apartments No Adverse Impact Analysis Fayetteville, Arkansas SCHEDULE Project Authorization 2/1/2025 Phase 100 2/1/2025 5/1/2025 Phase 200 5/1/2025 6/1/2025 Phase 300 (if required) 5/1/2025 6/1/2025 1 Project Management 2/1/2025 6/1/2025 All dates calculated based off assumed start date of 2/1/2025. DELIVERABLES Short summary report describing findings with supporting documentation for submittal to CITY OF FAYETTEVILLE, Arkansas, describing methods used and results determined in analysis. Appendix B -- West End Apartments No Adverse Impact Analysis — Professional Engineering Services APPENDIX C 2024 Water Market - MO, OK, KS, AR, NE Billing Rate Schedule Classification Billing Rate Assistant Engineer $120 Assistant Scientist $90 Assistant Technician $75 Associate Engineer $130 Associate Project Manager $210 Associate Scientist $115 Associate Technician $80 Client Manager $225 Client Relationship Manager $275 Design Associate $135 Design Technical Manager $155 Engineer $140 Group Leader $220 Lead Engineer $230 Lead Scientist $205 Project Engineer $165 Project Manager $225 Project Planner $135 Project Scientist $140 Senior Engineer $215 Senior Project Manager $300 Senior Scientist $150 Senior Team Leader $260 Senior Technician $135 Technical Expert $300 oisson a 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 $0.67/mile* $0.75/mile* $95.00/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). Eff. 01/2024 Page 1 of 1 ACGRLP® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/31/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Oscar Chavez -Franco HUB International Great Plains LLC PHONE FAX 11516 Miracle Hills Drive A/c No Ext): 402-964-5579(A/CNo): E-MAIL oscar.chavezfranco@hubinternational.com Suite 100 INSURER(S) AFFORDING COVERAGE NAIC # Omaha NE 68154 INSURER A: Amerisure Mutual Insurance Company 23396 INSURED OLSSINC-02 INSURER B: Amerisure Insurance Company 19488 Olsson, Inc. 302 East Millsap Road INSURER C: MSIG Specialty Insurance USA Inc 34886 Fayetteville AR 72703 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 91516311 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRjyp TYPE OF INSURANCE ADDL IN SUER POLICY NUMBER MM/PODIYYYY) Y EFF MPO DI EXP ICY LIMITS A X COMMERCIAL GENERAL LIABILITY Y CPP21194510402 1/1/2025 1/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS -MADE LX OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y CA 21194500401 1/1/2025 1/1/2026 COMBINED tSINGLE LIMIT Ea acciden $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR CU 21194520302 1/1/2025 1/1/2026 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N N Y WC 21194530303 1/1/2025 1/1/2026 X PER STATUTE ER OTH- ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability MSTAEC-00030 1/1/2025 1/1/2026 PL Each Claim 5,000,000 Claims Made PL Aggregate PL Ded Per Claim 5,000,000 750,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All carriers listed above have an AM Best Rating of at least A, XV. Pollution coverage is included in the Professional Liability policy if it arises out of the negligence of the insured in performing their professional services. General Liability, Auto Liability, and Workers Compensation/Employers Liability are underlying policies of the Umbrella Liability. Project # 024-07872 Waiver of subrogation applies in favor of City of Fayetteville, Arkansas and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville, Arkansas 113 West Mountain Street AUTHORIZED REPRESENTATIVE Fayetteville AR 72701 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD