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HomeMy WebLinkAbout2005-05-10 - Agendas - Final Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel layve �TT � Ward 2 Position I - Kyle rt Cook City Attorney Kit Williams {\vUrj Ward 2 Position 2 - Don Marr Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smithlie Ward 3 Position 2 — Bobby Ferrell ARKANSAS Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda Special City Council Meeting May 10, 2005 A Special meeting of the Fayetteville City Council will be held on May 10, 2005 at 5 :30 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. Unfinished Business: 1 . Black & Veatch Amendment No. 1 Noland Wastewater Treatment Plant: A resolution to approve Amendment No. 1 to the agreement for professional services with Black & Veatch Corporation to provide construction and post construction 0 services for the Noland Wastewater Treatment Plant in a not to exceed amount of (�FD $ 1 ,478,000.00. This item was tabled at the May 3, 2005 City Council meeting to a Special City Council meeting on May 10, 2005. Meeting adjourned at 6: 13 p.m. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting May 10, 20050 L 11 Subject: Motion To: Motion By: /v Seconded: Jordan Reynolds Thiel Cook Marr Rhoads Ferrell Lucas . Mayor Coody Subject: Motion To: I-s- UPJ Motion By: Seconded: Ald Jordan ' Reynolds Thiel � / Cook Marr Rhoads Ferrell Lucas t/ Mayor Coody Aldermen Ward 1 Position 1 - Robert Reynolds Mayor Dan Coody Ii Ward 1 Position 2 - Brenda Thiel Ci Attome Kit Williams Ward 2 Position I - Kyle B. Cook tY Y Ward 2 Position 2 - Don MartWard 3 Position I - Robert K. Rhoads City Clerk Sondra Smith Ta e� Ward 3 Position 2 — Bobby Ferrell ARKANSAS Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda Special City Council Meeting May 10, 2005 A Special meeting of the Fayetteville City Council will be held on May 10, 2005 at 5 :30 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. Old Business: 1. Black & Veatch Amendment No. 1 Noland Wastewater Treatment Plant: A resolution to approve Amendment No. 1 to the agreement for professional services with Black & Veatch Corporation to provide construction and post construction services for the Noland Wastewater Treatment Plant in a not to exceed amount of $ 19478,000.00. This item was tabled at the May 3, 2005 City Council meeting to a Special City Council meeting on May 10, 2005. MY e ....i. le City Council Meeting of May 3, 2005 CITY COUNCIL AGENDA MEMO To: Mayor and City Council From: Bob Davis, P.E., Water & Wastewater Director Date: April 15, 2005 Subject: Approval of a contract amendment for Black & Veatch to provide Construction Phase Services dealing with the construction and post- construction activities associated with the Noland Wastewater Treatment Plant headworks and solids handling improvements. RECOMMENDATION : I recommend approval of this contract amendment. This recommendation was preceeded by a thorough review of proposed tasks presented by Black & Veatch including an intense question and answer session, negotiation and refinement, and finally, revision of their preliminary proposal. A detailed breakdown of tasks and estimated hours for each task are provided on the spreadsheet included with this memo. Black & Veatch has designed this work, and continuation of construction phase services with this firm (including shop drawing review, inspection of the construction work, and general resident engineer services) will provide the City with continuation of responsible charge and subsequent engineering responsibility by a single, consistent entity (Black & Veatch). Black & Veatch design and bidding services regarding the Noland Plant have been conducted in a timely, professional manner and we have every reason to believe that this track record will continue throughout construction and post- construction phase activities. BACKGROUND: As part of the Wastewater Systems Improvement Project (WSIP) the City of Fayetteville has undertaken a major renovation and expansion of the existing Noland Wastewater Treatment Plant including improvements to the headworks and solids handling factilities. Improvement briefs are provided in the following two paragraphs. Solids Handling Facilities Improvements include construction of a new two-story sludge dewatering building. The dewatering equipment will be located on the second story to allow for easy sludge loading to the truck drive-tbrough below. The equipment within the building will include a new conveyance system with dewatered cake loadout facilities that will be used to load trucks; a ferric chloride storage and feed system to be used at the belt filter presses for hydrogen sulfide control; and an odor control system for the dewatering building including cake-loading areas. Headworks Improvements Improvements include three new flow control structures, a new screenings facility, a new grit removal system, plant flow monitoring, upgrades to the existing influent pump station, a second influent pumping station, replacement of sludge pumps and denitrification pumps, repair of concrete on existing basins, odor control improvements, a T6lkd 'k) M4y 1*4 - .s#ele ,�.ul f . ye ._.i,le City Council Meeting of May 31 2005 new gravity belt thickener with associated appurtenances, repairs to the existing building's exterior facing and roof, and other miscellaneous improvements. DISCUSSION: This is the first project to be constructed in the Wastewater System Improvements Project (WSIP) and all systems are "go". Archer Western was previously awarded the construction contract for the Noland Plant improvements. Construction Contracts have been signed and bonds, insurance, and all other required pre-construction documents have been submitted, reviewed, and approved. To date, a variety of shop drawings have been submitted by Archer Western and review of these will begin in an expeditious fashion by Black & Veatch upon this approval by Council. A pre- construction meeting has been scheduled for May 4, 2005 at the Noland Wastewater Treatment Plant at which time a May 16, 2005 Notice To Proceed will be issued to the General Contractor, Archer Western. One of the primary discussions during the pre-construction meeting will be project phasing and coordination between the contractor (Archer Western), plant operations staff (OM1), and the resident engineer (Black & Veatch) regarding ties-ins between the new and old systems to guarantee that continuous plant operation will not be jeopardized during construction. Additional important pre-construction meeting topics will include thorough discussions of safety, security and liability issues. The City of Fayetteville Water & Wastewater staff, OMI, and Black & Veatch have conducted previous, thorough discussions concerning all of these topics. BUDGET IMPACT: Payment for construction phase services offered by Black & Veatch will be from the 3/4 -cent sales tax bond election held on November 6, 2001 for the Wastewater System Improvements Project. Funding through the Arkansas Soil and Water Conservation Commission will not be used to fund this expense. The $1 ,478,000.00 requested for these services is 1 .18% of the $125,000,000.00 budget allocated for the Wastewater System Improvements Project. RESOLUTION NO. A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH BLACK & VEATCH CORPORATION TO PROVIDE CONSTRUCTION AND POST CONSTRUCTION SERVICES FOR THE NOLAND WASTEWATER TREATMENT PLANT IN A NOT TO EXCEED AMOUNT OF $ 1 ,4782000.00 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 Amendment No. 1 to the Agreement for Professional Services with Black & Veatch Corporation to provide construction and post construction services for the Noland Wastewater Treatment Plan in a not to exceed amount of $ 1,478,000.00. The City Council authorizes Mayor Coody to sign this Amendment No. 1 (attached as Exhibit "A'). PASSED and APPROVED this 3rd day of May, 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk C:1Cypn9000chs11360Mp00W 2-M Conttructlon BOMM 00hus EP-21.W _,wg .• Owmr. 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GOVERNMENT City of Fayetteville B&V Project 135045.400 Noland WWTP Improvements B&V File B-1 . 1 CPS Amendment February 23, 2005 Mr. Bob Davis Acting Director of Utilities City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Dear Mr. Davis: We have revised our proposed contract for the Construction Phase Services Contract dealing with the construction and post-construction activities associated with the Noland improvements using the basis discussed at our meeting of February 15, 2005. We made the following changes to the document: 1 . We eliminated the $50K contingency for out-of-scope items. Through the discussions at the meeting, it is our understanding that the City routinely adds an amount to cover minor unforeseen conditions with contract approval. 2. We have reduced the billing rate of the RPR to $110/hour. We, of course, also changed RPR's to coincide with this billing rate. The resume of the proposed RPR is enclosed. This amounted to a reduction of $114.5K but necessitated several other changes in (a) brought all shop drawings back to KC and (b) increased office administrative effort. 3. The last major change is with the O&M Manual, Start-up, and Training. Based on discussions at our meeting and a subsequent telephone conversation with Mr. Ammons, this effort has been reduced by $120K. 4. Other minor adjustment. The total for the CPS contract now totals $1 .478 M. BW & Veatch Corporation • 8400 Ward Padcway • P.O. Box 8405 • Karnas City. MO 64114 USA • Telephone: 913.4592000 , AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND BLACK AND VEATCH CORPORATION WHEREAS, On July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Black & Veatch Corporation of Kansas City, Missouri (BLACK & VEATCH) entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project, and in particular the Paul R. Noland Wastewater Treatment Plant Improvements - Headworks and Solids Handling Improvements - Contract EP-2 (the "Project'). The scope of these services included the final design and bidding services, and WHEREAS, BLACK & VEATCH has proceeded with these services in accordance with the scope set forth in the Agreement, and WHEREAS, CITY OF FAYETTEVILLE requests that the scope of BLACK & VEATCH 's services to be amended to provide Construction Phase; Resident Services During Construction; O&M Manual Preparation, Startup, Training; and Post-Construction Phase Services for the Project, and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and BLACK & VEATCH, the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July 15, 2003, is hereby amended in the following particulars: SECTION 2 - BASIC SERVICES OF BLACK & VEATCH 2.4 Construction Phase 2.4.1 Delete APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to this Amendment No. 1 . 2.5 Post-Construction Phase. 2.5.1 Delete APPENDIX D - SCOPE OF SERVICES FOR POST-CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX D - SCOPE OF SERVICES FOR POST-CONSTRUCTION PHASE attached .to this Amendment No. 1 . Amendment No 1 - CPS reduced.doc 1 092804 Based on: CPS Am dmcrt8tsndard.doc received I O/MOD4 Last printed 2/232005 2:23 PM 2.6 Resident Services During Construction 2.6.1 Delete APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX E - SCOPE OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE attached to this Amendment No. 1 . 2.7 O&M Manual Preparation and Training and Startup Services During Construction Phase 2.7.1 See APPENDIX F for SCOPE OF SERVICES FOR OPERATIONS AND MANUAL PREPARATION SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH: 3.1 .8 Additional meetings with local, state, or Federal agencies to discuss project. 3. 1 .9 Review of drawings and other data submitted by Contractors) beyond one resubmission because of failure of Contractor to account for exceptions previously noted by BLACK & VEATCH. 3. 1 .10 Appearances at public hearing meetings or before special boards. 3.1 . 11 Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this amendment 3. 1 .12 Special consultants or independent professional associates requested by CITY OF FAYETTEVILI.E. 3.1 . 13 Preparation for litigation, or other legal or administrative proceedings; and appearances in court in connection with change orders or construction incidents. 3.1 .14 Engineering assistance to CITY OF FAYETTEVILLE for and during negotiation meetings. 3. 1 .15 Observing factory tests and field retesting of equipment that fails to pass the initial test. 3.1 .16 Visits to the construction site or to CITY OF FAYETTEVILLFs location in excess of the number of such trips and the associated time set forth in Appendices C, D, E and F. Amendment No 1 - CPS reduced.doc 2 092804 Last printed 2/2312005 2:23 PM 3. 1 .17 Special reports as requested by CITY OF FAYETPEVILLE concerning facility operation and personnel matters during the startup period. 3.1 . 18 Where field conditions differ from the conditions indicated in the construction contract documents or the soil boring logs, preparation of sketches of construction work for approval by CITY OF FAYETTEVILLE, to supplement the drawings and specifications as may be required; and providing redesign or relocation information if required by underground obstructions, utilities, or other conditions. 3.1 .19 Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor(s); and services after the award of the contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 3.1 .20 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) prolongation of the construction contract time of any prime construction contract by more than sixty days, (5) default by any Contractor, and (6) failure of the Contractor to complete the work within the construction contract time. 3.121 Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 3.1 .22 Special services in connection with partial utilization of any part of the project by CITY OF FAYETFEVR.LE prior to Substantial Completion which require the Resident Project Representative to work additional hours or require employment of additional onsite personnel. 3.1 .23 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or others in connection with the work. 3. 1 .24 Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor(s) or others in connection with the work. 3.1 .25 Additions to the resident project representative (RPR) staffing level and/or individual RPR(s) compensation, based on straight time salary rate, for services extending beyond 40 hours per week as a result of Contractor(s) scheduled extended work week. Amendment No I - CPS reduced.doc 3 092804 Last printed 2238005 2:23 PM 3.1 .26 Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1 .27 Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such engineering data as required for any bond prospectus or other financing requirements. 3.1 .28 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.1 .28.1 Inconsistent with approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's program or Project Budget. 3.1 .28.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. 3.1 .29 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either CITY OF FAYETTEVILLE or Contractor under the Contract for Construction. SECTION 4 - CITY OF FAYETTEVII.LE'S RESPONSIBILITIES Add the following tasks to SECTION 4 of Agreement: CITY OF FAYETTEVILLE will furnish and not at the expense of the BLACK & VEATCH the following items. 4.13 All maps, drawings, reports, records, manuals, and other data that are available in the files of CITY OF FAYETTEVILLE and which may be useful in the work involved under this Amendment. SECTION 5 - PERIOD OF SERVICE 5.3 The services described in this Amendment are expected to be completed in accordance with the following schedule: Construction Phase Services, Twenty seven months from time of Resident Project Representative Services Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE O&M Manual Preparation and Complete within 180 days of Amendment No 1 - CPS reduced.doc 4 092804 Last printed.2i23/2005 2:23 PM Startup and Training Contractor's Substantial Completion Post Construction Phase Services, Within 90 days of Completion of the one year period of operation CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond May 1 , 2005. 5.4 The provisions of this Amendment have been agreed to in anticipation of the orderly progress of construction through completion of the services stated in this Amendment. BLACK & VEATCH 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 as defined in this Amendment. SECTION 6 - PAYMENTS TO BLACK & VEATCH 6. 1 Compensation For the scope of services set forth in the final design and bidding phase and as may have been amended, plus the Basic Services set forth in this Amendment No. 1, CITY OF FAYETTEVILLE agrees to pay BLACK & VEATCH the amounts indicated for each phase of the work. The total payment to BLACK & VEATCH shall not exceed One Million Eight Hundred Seventy Thousand Dollars ($1,478,000) except as provided for in Section 3 of the Agreement. The total payment is based on compensation amounts presented in the following table to the scopes of services set forth in this Amendment No. 1 . Amendment No 1 - CPS reduced.doc 5 092804 Last printed 2232005 2:23 PM Service Item(s) Amount Appendix C — Construction Phase Services $8672800 Appendix D - Post-Construction Services $79,500 Appendix E - Resident Project Representative $432,100 Appendix F - Operation & Maintenance Manual and Process Description, Start-Up $983600 and Training Services Total Not-to-Exceed Amount $1 ,4783000 Subject to prior City Council approval, adjustment of the compensation may be made should BLACK & VEATCH establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to amend the duration of work from the time period specified in the amended Agreement for completion of work and such modification warrants such adjustment. Monthly statements for each payroll month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for these services consistent with BLACK & VEATCH'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 BLACK & VEATCH and approved by CITY OF FAYETTEVILLE. Final payment for these services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of this phase for the Project. Amendment No 1 - CPS reduced doc 6 092 804 Last printed 2/23/2005 2:23 PM Delete Sections 6.1 .3, 6.1 .4, 6.1 .5 and 6. 1 .6 of the Agreement and include the following: 6.1 .3 Construction Phase Services For the Scope of Services during the Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $867,800 unless amended in accordance with Paragraph 6. 1 .7. 6.1 .4 Post-Construction Phase Services For the Scope of Services during the Post-Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $79,500 unless amended in accordance with Paragraph 6. 1 .7. 6. 1 .5 Resident Project Representative Services During Construction Phase For the Scope of Services during the Resident Project Representative Services During Construction Phase described herein,. CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $432,100 unless amended in accordance with Paragraph 6. 1 .7. 6.1 .6 O&M Manual Preparation and Training and Startup Services During Construction Phase For the Scope of Services during the O&M Manual Preparation and Training and Startup Services During Construction Phase described herein, CITY OF FAYETTEVILLE shall pay the sum not to exceed $98,600 unless amended in accordance with Paragraph 6.1 .7. 6. 1 .7 Additional Services. For authorized Additional engineering services under Section 3, "Additional Services", compensation to BLACK & VEATCH shall be negotiated at the time Additional Services are authorized. 6. 1 .8 The CITY OF FAYETTEVILLE agrees that the BLACK & VEATCH's not-to-exceed upper limit for this Amendment No. 1 is based on the durations indicated in Section 5.3 Amendment No 1 - CPS reduced.doc 7 092804 Last primed 2/23/2005 2:23 PM of this Amendment No. 1 and if the construction period or operation period is extended that the BLACK & VEATCH shall be entitled to additional compensation. 6. 1 .8.1 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining payment to BLACK & VEATCH for the costs incurred by BLACK & VEATCH while providing the services described in this Amendment No. 1 . Costs include but not limited to the salaries and benefits paid to employees engaged directly in providing the services and profit. The hourly billing rates are included as Appendix G to this Amendment. 6.1 .82 The following direct expenses are considered reimbursable and are included in the not to exceed amount. 6. 1 .8.2.1 Travel, subsistence, and incidental. costs. 6.1 .8.2.2 Use of motor vehicles on a rental basis for assigned vehicles and on a mileage basis or rental cost basis for vehicles used for short periods. Mileage basis shall not exceed 40 cents per mile. 6.1 .8.2.3 One-way moving costs to project for Resident Project Representative. 6. 1 .8.2.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1 .8.2.5 Subcontract costs times 1 .05. 6.1 .8.3 The following direct expenses are also considered reimbursable and are not a part of the not to exceed amount 6.1 .8.3.1 Charges of special consultants requested by CITY OF FAYETfEVILLE. 6.1 .8.3.2 Special insurance coverage required by CITY OF FAYETTEVILLE. 6. 1 .8.3.3 Local taxes or fees applicable to the engineering work or payments therefore. Amendment No l - CPS reduced.doc 8 092804 Last primed 2/23/2005 2:23 PM di 6.1 .8.3.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1 .8.4 It is understood and agreed that the not to exceed cost is based on the start of the services being authorized not later than May 1 , 2005. If start of services is not authorized by dates given, it is understood and agreed that the not to exceed cost will be adjusted accordingly by an amendment the Agreement. 6.1.8.5 It is understood and agreed that BLACK & VEATCH shall keep records of costs and expenses on the basis of generally accepted accounting practice and records shall be available for inspection at reasonable times. All other provisions of the original Agreement remain in frill force and effect IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this day of 20_. CITY OF FAYETTEviLLE, ARKANSAS By: Mayor ATTEST: By: City Clerk 3H3H ", BLACK & VEATCH CORPORATION 51� By: Title: END OF AMENDMENT NO. 1 TO 3 H3 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES r fI S �'• Amendment No 1 - CPS reduced doc 9 092804 Last printed 7!23/2005 2:23 PM CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX C — SCOPE OF SERVICES FOR CONSTRUCTION PHASE This is Appendix C, consisting of 4 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Construction Phase. C.1. General By performing these services, BLACK & VEATCH shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, technique, sequences, or procedures of construction. BLACK & VEATCH shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractors to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor(s) famishing and performing the work. Specific services to be performed by BLACK & VEATCH are as follows: C.2. Management C.2.1 . BLACK & VEATCH's management functions required to successfully complete services to be provided under this Agreement, including all project correspondence with the CITY OF FAYETTEVILLE, consultation and coordination with the Program Manager, supervision and coordination of the services provided by BLACK & VEATCH including scheduling and assignment of personnel, invoicing, and continuous monitoring of the progress of the services. C3. Office Support Services During Construction C.3.1 . Receive the Contractor's insurance certificates and forward to Program Manager for review and acceptance by the CITY OF FAYETTEVILLE's legal counsel. C.3.2. Review and comment to Program Manager on the Contractor's initial and updated construction schedule(s) if requested by Program Manager. BLACK & VEATCH's review shall be for general conformity of the to the provisions of the contract \ documents, to determine if the Contractor's construction schedule and activity sequence include the completion dates, construction sequencing for any special conditions (such as the ability of the CITY OF FAYETTEVILLE to keep the existing Amendment No 1 - CPS reduced.doc Appendix C-1 092804 wastewater treatment plant in operation during construction). BLACK & VEATCH's review shall not include an analysis of Contractor's approach, means and methods of construction for performing the work specified in the contract documents. C.3.3. Review and comment to Program Manager on the Contractor's initial schedule of values and schedule of estimated monthly payments. C.3.4. Review guarantees, bonds, and certificates of inspection, and tests and approvals which are to be assembled by the Contractor(s) in accordance with the construction contract documents, and transmit them to Program Manager. BLACK & VEATCH's review is not a legal review to determine if the Contractor's guarantees and bonds comply with all applicable requirements of the contract documents. C.3.5. Review drawings and other data submitted by the Contractor as required by the construction contract documents. BLACK & VEATCH's review shall be for general conformity to the construction contract documents and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident hereto. This task does not pertain to review and organization of manufacturer's O&M manuals, which is described in another task. C.3.6. Interpret construction contract documents when requested. Requests for interpretations, clarifications or information shall be in writing through the Program Manager. Responses to Contractor shall be through the Program Manager. C.3.7. Review Contractor's applications for payment and supporting data, determine the amounts owed to Contractor, and recommend to Program Manager, in writing, approval of all payments to Contractor in accordance with the Contract Documents. BLACK & VEATCH's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request. C.3.8. Prepare routine Change Orders as required and submit to Program Manager. Review CITY OF FAYETTEVILLE or Contractor documentation and prepare any additional documentation required to administer the processing of change order, including applications for extension of construction time. Provide opinion to the Program Manager of the performance by the parties thereto, and make recommendations to Program Manager on claims of CITY OF FAYETTEVILLE and Contractor(s) relating to the execution and progress of the Work and other matters and questions related thereto; but BLACK & VEATCH shall not be liable for the results of any such interpretations, opinions, recommendations, or decisions rendered by BLACK & VEATCH in good faith. If required, evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of CITY OF FAYETTEVILLE. Services Amendment No 1 - CPS reduced.doc Appendix C-2 092804 Last printed 223/2005 2:23 PM related to unusually complex or unusually numerous claims are considered an Additional Service. C.3.9. Provide monthly progress reports to CITY OF FAYETTEVILLE and Program Manager. C.3. 10. Review and make recommendations regarding "or equal" submittals in accordance with Construction Contract General Conditions. C.3. 11 . Provide to the Program Manager, in a format acceptable to the Program Manager, such progress reports; pay applications; project summaries; and other data as may be required, for posting by others on a project web site to allow the public to monitor and review the activities; materials; and financial status of the project. Update the data supplied to the Program Manager when requested. CA. Field Support Services During Construction CA. 1 . Conduct the preconstruction conference. BLACK & VEATCH shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction conference will include a discussion of the Contractor's tentative schedule, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical construction sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. C.4.2. Conduct a monthly progress meeting with Contractor and prepare and distribute minutes of the meeting. While on-site, observe progress of the work, and consult with Program Manager and. the Contractor concerning problems and/or progress of the construction. A total of twenty seven (27) meetings are anticipated. C.4.3. Design team personnel with areas of responsibilities including project management, structural, process mechanical, HVAC, electrical, control and instrumentation, geotechnical, and architectural will make periodic site visits. These site visits will be at intervals appropriate to the stages of construction to consult with and advise the Resident Project Representative, observe the progress and quality of the executed Work, and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. It is anticipated that twenty four (24) separate onsite visits will be required. The level of effort is anticipated to require 16 person hours per trip. A written report summarizing discussions, site observations, and periodically established objectives shall be provided to Program Manager. for distribution. CAA. Investigate any unforeseen subsurface conditions or unforeseen underground facilities that may be encountered in accordance with Construction Contract General Conditions. Submit written conclusions to CITY OF FAYETTEVILLE through Program Manager C.4.5. Investigate claims of CITY OF FAYETTEVILLE and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction Amendment No 1 - CPS reduced.doc Appendix C-3 092804 Last printed 2/23/2005 2:23 PM contract documents. Submit written conclusions to CITY OF FAYETTEVILLE through Program Manager. C.4.6. Analyze data from performance testing of equipment by the Contractor or supplier when the construction contract documents require the equipment to. be tested after installation. Submit written conclusions to CITY OF FAYETTEVILLE through Program Manager. C.4.7. Conduct a substantial completion inspection of the construction work and prepare a punch-list of those items to be completed or corrected before final completion of the project. Submit written results of the inspection to CITY OF FAYETTEVILLE and the Contractor through Program Manager. It is anticipated that BLACK & VEATCH's project personnel will require a total of two staff persons for one two-day inspection trip. C.4.8. Conduct a final inspection to determine if the construction is completed. BLACK & VEATCH shall submit written results to Program Manager and provide written recommendations concerning final payment to Program Manager, including a list of items, if any, to be completed prior to making such payment. It is anticipated that the BLACK & VEATCH's project personnel will require a total of one staff person for one two-day inspection trip. Amendment No 1 - CPS reduced.doc Appendix C4 092804 Last printed 22372005 2:23 PM CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX D — SCOPE OF SERVICES FOR POST-CONSTRUCTION PHASE This is Appendix D, consisting of one page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Post-Construction Phase. I). General D.1. BLACK & VEATCH agrees to provide the following services after completion of the project. The project is identified as the Noland W WTP Improvements, Headworks and Solids Dewatering, Contract EP-2 and defined in the construction documents prepared by BLACK & VEATCH. D.I .I . Prepare, after completion of construction and prior to the final inspection by the Arkansas Soil and Water Conservation Commission, if any, a Record Set of construction drawings based the construction records maintained and submitted by Contractor and Resident Project Representative. Record Set of construction drawings shall be provided in electronic CADD files. D.2. Consultation BLACK & VEATCH agrees to make available the services of design team members for consultation. D.2. 1 . Provide one year performance review and submit written conclusions to CITY OF FAYETTEVILLE. Prior to expiration of the warranties, meet with the CITY OF FAYETTEVILLE and conduct an on-site performance review to determine if the performance provisions of the contract documents have been met. It is anticipated that that up to 100 hours will be required. Amendment No 1 - CPS reduced.doc Appendix 1}1 . 092804 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX E — RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE This is Appendix E, consisting of 5 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Resident Project Representative Services During Construction. E.1, General BLACK & VEATCH will famish up to 3,360 hours of a Resident Project Representative to observe the Contractor's work and perform the services listed below. The Resident Project Representative shall not have responsibility for the superin- tendence of constmction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of BLACK & VEATCH. This service will in no way relieve the Contractor of supervision and inspection of the work or the Contractor's obligation for compliance with the Contract Documents. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the Resident Project Representative and assistants are as follows: E.2. Site Observations and Liaison with Program Manager and Contractor E.2. 1 . Conduct on-site observations of the general progress.of the work to assist BLACK & VEATCH in determining if the work is proceeding in accordance with the construction contract documents. E.2.2. Serve as BLACK & VEATCH's liaison with the Contractor and assisting BLACK & VEATCH in providing interpretation of the construction contract documents. E.2.3. Assist BLACK & VEATCH in serving as CITY OF FAYETTEVILLE's liaison with the Contractor when the Contractor's operations affect CITY OF FAYETTEVILLE's on-site operation. Amendment No I - CPS reduced doc Appendix &1 092904 E.2.4. As requested by BLACK & VEATCH, assist in obtaining from CITY OF FAYETTEVILLE additional details or information when required at the jobsite for proper execution of the work. E.2.5. Report to BLACK & VEATCH2 giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Con- tractor's work and relating to compliance with drawings, specifications, and design concepts. E.2.6. Advise BLACK & VEATCH and the Contractor immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been reviewed by BLACK & VEATCH or has been not been resubmitted for review if required. E.2.7. Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. E.2.8. Assist in coordinating scheduling of activities to minimize conflicts with CITY OF FAYETTEVILLE's activities. E.2.9. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. E.2. 10. Coordinate onsite materials testing services during construction. Copies of testing results will be forwarded to CITY OF FAYETTEVILLE and Program Manager for information. E.2. 11 . Observe field tests of equipment, structures, and piping, and review the resultingNil reports, commenting to BLACK & VEATCH, as appropriate. E.2. 12. Report immediately to BLACK & VEATCH upon occurrence of any accident. E3. Outside Liaison and Public Information Services E.3. 1 . Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the names of the inspectors, and the results of the inspections, and report to BLACK & VEATCH and Program Manager. E.4. Meetings, Reports, and Document Review and Maintenance E.4.1 . Attend the preconstruction conference, and assist BLACK & VEATCH in explaining administrative procedures which will be followed during construction. Amendment No 1 - CPS reduced.doc Appendix E-2 092804 Last printed 223/2005 2:23 PM E.4.2. Attend monthly progress meetings, and other meetings with program Manager and the Contractor when necessary, to review and discuss construction procedures and construction progress, engineering management procedures, and other matters concerning the project. E.4.3. Submit to BLACK & VEATCH, with a copy to Program Manager, weekly construc- tion progress reports containing a summary of the Contractor's progress including general condition of the work, problems, and resolutions or proposed resolutions to problems. E.4.4. Review the schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with BLACK & VEATCH concerning their acceptability. E.4.5. Report to BLACK & VEATCH regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; and advise BLACK & VEATCH whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval. E.4.6. Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to BLACK & VEATCH, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. E.4.7. Record date of receipt of shop drawing samples. Receive samples which are furnished at the site by the Contractor, and notify BLACK & VEATCH of their availability for examination. E.4.8. Verify, during the course of the work, that specified certificates, operation and maintenance manuals, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed. E.4.9. Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information from the record documents maintained by the Contractor. Upon completion of the work, forward the record documents to BLACK & VEATCH. E.4.10. Review certificates of inspections, tests, and related approvals submitted by the Contractor as required by laws, Hiles, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the construction contract documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. Amendment No I - CPS mduced.doc Appendix &3 092804 Lest printed 2/232005 2:23 PM E.4.11 . Maintain the following documents at the jobsite. E.4. 11 .1 Correspondence files. E.4. 11 .2 Reports of jobsite conferences, meetings, and discussions among the BLACK & VEATCH, Program Manager, and Contractor. E.4.11 .3 Submittals of shop drawings and samples. E.4. 11 .4 Reproductions of original construction contract documents. E.4. 11 .5 Addenda. E.4.11 .6 Change orders. E.4.11 .7 Field orders. E.4. 11 .8 Work Change Directives E.4. 11 .9 Requests for Interpretation E.4. 11 .10 Requests for Proposal and Associated Response. E.4. 11 .11 Additional drawings issued subsequent to execution of the construction contract documents. E.4. 11 . 12 Progress reports. E.4.11 .13 Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. E.4.11 . 14 Maintain a diary or log book of significant events at the jobsite, including the following information. The diary or log book shall remain the property of BLACK & VEATCH. Days the Contractor worked on the jobsite. Number of Contractor and subcontractor personnel on jobsite. Construction equipment on the jobsite. Observed delays and causes. Weather conditions. Data relative to claims for extras or deductions. Amendment No 1 - CPS reduceddoc Appendix E4 092804 Last printed 2/23/2005 2:23 PM Construction Activities. Observations pertaining to the progress of the work. Materials received on jobsite. E.S. Assistance with Substantial Completion E.S.I . Assist BLACK & VEATCH in conducting substantial inspection in the company of Program Manager and the Contractor, and prepare a list of items to be completed or corrected. E.5.2. Verify that all items on the list have been completed or corrected, and make recommendations to BLACK & VEATCH concerning acceptance. E.6a Assistance with Final Completion E.6.1 . Assist BLACK & VEATCH in conducting final inspection in the company of Program Manager and the Contractor, and prepare a final list of items to be completed or corrected. E.6.2. Verify that all items on the final list have been completed or corrected, and make recommendations to BLACK & VEATCH concerning acceptance. E.7. Field Testing Services E.7.1 . . Through a subcontract, conduct, evaluate, and report on test and test analyses for equipment and materials, including concrete, masonry, and soil compaction identified in the construction contract documents to be performed by OWNER Amendment No 1 - CPS reduced.doc Appendix E-5 092804 Last printed 2/23/2005 2:23 PM CITY OF FAYETTEVILLE . AGREEMENT FOR ENGINEERING SERVICES APPENDIX F — SCOPE OF SERVICES FOR OPERATIONS AND MANUAL PREPARATION This is Appendix F, consisting of 2 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Operations and Maintenance Support. FA, OPERATIONS AND MAINTENANCE TECEMICAL MEMORANDA BLACK & VEATCH will provide an updated design memorandum and the following two technical memoranda: Technical Memorandum 1 - Biological Process Description Document Technical Memorandum 2 - Flow Diversion during Wet Weather Events. F.1 .1 . Design Memorandum Update the Design Memorandum to reflect changes made during construction that impact operation of improvements constructed the Project. F.1 .2. Biological Process Description Memorandum Prepare a document that addresses the handling the reduction in biological loadings anticipated to occur when the new West Side plant is placed in service and part of the flow that currently goes to the Noland Plant is diverted to the West Side Plant. Impact to the existing biological treatment process, which includes anaerobic, anoxic, oxic basins and secondary clarifiers, will be addressed. F.1 .3. Flow Diversion During Wet Weather Events Prepare a document that addresses the different operating conditions for the 36 inch throttling valve down stream of the Wet Weather Splitter Box. Different flow conditions and by-pass options during wet weather conditions will be addressed. Amendment No I - CPS reduced.doc Appendix F-1 092804 F.1 .4. Design Memorandum and Technical Memorandum Review According to the schedule, technical and design memoranda will be submitted to the CITY OF FAYETTEVILLE for review. CITY OF FAYETTEVILLE's comments will be submitted to BLACK & VEATCH within two weeks. F.1 .5 Manufacturers Maintenance Manuals The manufacturer's O&M manuals submitted under section 01620 of the construction specifications shall be reviewed and forwarded to CITY OF FAYETTEVILLE. F.2, TRALIUNG AND START-UP SUPPORT BLACK & VEATCH will provide the following services during start-up and training. F.2.1 . Updated Design Memorandum will be used in training operators on intended method of operation for each process. Provide one 2 day trip for training sessions to assist CITY OF FAYETTEVILLE with operation of facilities. F.2.2. Review and comment on startup procedures proposed by the Contractor. The purpose of this review is to confirm the availability of the required equipment for each process area, pre-testing of equipment, and verifying that chemicals, lubricants and expendables are available, work assignments are made, and startup procedures are coordinated with existing plant operations. F.2.3. Provide an additional start up and post start up assistance at the request of CITY OF FAYETTEVILLE for up to 160 man hours during the warranty period. Provide up to 4 trips to the site. F.2.4. Review and comment on the Contractor's odor control performance testing procedures. Review and comment on data from the 30 day odor control performance tests conducted by the Contractor. Additionally, BLACK & VEATCH will monitor the performance tests for up to 3 days. Amendment No I - CPS reduceddoc Appendix F-2 092804 Last printed 2/23/2005 2:23 PM CITY OF FAYEWEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX G — BILLING RATE SCHEDULE see excel spreadsheet for billing rates table Fa Amendment No 1 - CPS reduced.doc Appendix G-1 092804