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WATER/SEWER/SOLID WASTE COMMITTEE AGENDA
aye epi e MEETING DATE OF OCTOBER 11, 2011
THE CITY OF FAYETTEVILLE,ARKANSAS
Aaa ANSAS
Committee: Chairperson Sarah Lewis; Aldermen: Adella Gray, Mark Kinion, Justin Tennant
Copy to: Mayor Lioneld Jordan; Sondra Smith, Don Marr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris
Brown, Lynn Hyke, Shannon Jones, P1 Bell, Will Winn, CH2M Hill, Allison Atha
From: David Jurgens, P. E., Utilities Director
�j
A Fayetteville Water, Sewer and Solid Waste Comm ee rrfeeting will be October 11, 2011, 5:15 PM,
following the City Council Agenda Session, in room 321 Fayetteville City Hall. Proposed topics include:
1. Ca ital Pro ect U date. I
Contract Description Contractor Cost %Complete
WL-10a Farmington GravitySewer Line Gamey Const $ 1,750,122 100%
EL-3&5 Razorback-Ha Hollow 36/42" Swr Line S J Louis Const $ 5,387,098 100%
CIPP 2011 Rehab-Cured in Place Pipe Cit Wide Insituform $ 330,000 100%
Mt Se uo ah Area Wtr/Swr Upgrades LaRue Contr $ 852,976 100%
36"W/L 36"Water Line on TownshipSeven Valles $ 1,783,720 100%
265 W/S Relocation &36"Wtr Line, H 265 Garne Const $ 4,989,135 44.2%
WL-13 Broyles Avenue Gravity Sewer Lines Goodwin&Goodwin $ 845,359 100.0%
WL-14 Broyles Avenue Sewer Force Mains Redford Const $ 899,626 100.0%
WL-15 Broyles Avenue Sewer Pump Station Seven Valles $ 591,768 100%
BIO-1 Biosolids Solar Drying Dean Crowder $ 4,971,886 100%
BI0-2 Biosolids Thermal Drying Crossland Heavy $ 2,770,280 80.3%
BIO-Gast Biosolids Gas Line River Crossing Goodwin&Goodwin $ 119,250 0.0%
Canterbury 500,000 Gallon Water Tower C B & I Inc. $ 1,590,091 98%
Canterbury Water Lines &Pump Station Sweetser Const 1 $ 1,057,331 41.3%
Project is substantially complete, meaning the work can be used to execute its mission.
2. White River Use Attainability Analysis process is well underway; field samples were taken September 13
— 15 with excellent results. The study will be completed in summer, 2012.
3. Illinois River Phosphorus Evaluation process is continuing, with the EPA developing a Total Maximum
Daily Load (TMDL) study for the basin. Discussions continue among numerous agencies including senior
representatives from Oklahoma, Arkansas, and EPA. Dr. At Armendariz, Region 6 Administrator, visited
numerous sites in Northwest Arkansas September 29th, including the West Side WWTF. The five Northwest
Arkansas Cities and the NWA Council continue to evaluate the need and potential cost to collectively hire a
consultant to run the model parallel with the EPA consultant in order to validate the model, confirm
assumptions, and ensure the model is fully accurate. The City received the McGoodwin, Williams and Yates
report on the removal options to modify the West Side WWTF to consistently treat to a 0.1 phosphorus limit.
Staff is reviewing; the recommended alternative includes a $14.4 million capital cost, plus an estimated
$121,898/year operational expense (all expressed in 2011 dollars without inflation).
4. Broyles Avenue Recvclina Drop Off and Education Facility selection committee chose McGoodwin,
Williams, and Yates to design the site for the facility. Staff and McGoodwin together developed a contract,
attached, for$105,000 to develop the plans and specifications for the project. The contractual objective is to
have the facility open for full operation in August, 2012, with most vegetative cover to be installed following the
opening. This project involves all aspects of engineering design for the Facility that will include both education
and public recycling drop off missions. The facility will be constructed with low impact development criteria,
integrating some xeriscaping, native plantings, rain gardens, etc. It will include a covered outdoor classroom,
public restrooms, and a small administrative room. Parking shall include space for handicapped customers, up
to two school busses, drop-off customers, and education customers. This will be a manned facility using
existing staff. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL.
Water,Sewer and Solid Waste Committee Agenda Page 1 of 33 W-S-SW CommineeAgendaO 1Il
WATER/SEWER/SOLID WASTE COMMITTEE AGENDA
MEETING DATE OF OCTOBER 11, 2011
5. Levelized/Averaged Water Bill Evaluation professional selection committee chose HDR Engineering to
advise the City on this issue. Staff and HDR together developed a proposal, attached, for$9,950 to identify
the approximate numbers of how many water utilities use bill averaging, what parameters are normally used,
what customers are eligible, if there are any utilities they are familiar with who are on AS400/New World
systems, and what these utilities have experienced as a result. They will also provide information concerning
pros and cons of averaging water bills, impact on bad debt, personnel and rates, and make suggestions on
how the City would approach this type system. STAFF REQUESTS INPUT WITH INTENT TO PROCEED
WITH A CONTRACT.
6. Lake Sequoyah Sediment and Phosphorus preliminary testing was performed this summer by a team
from CH2M Hill. Based on a relatively robust series of samples across a broad cross-section of the lake
which yielded pretty consistent results, almost five billion pounds of sediment have accumulated in Lake
Sequoyah over the last 50 or so years since the lake was constructed. Even though the percentage of
phosphorus is very low, with only 0.0734% of each pound of sediment being phosphorus, there are still over
3.625 million pounds of phosphorus contained in that sediment. To put that in perspective, if the Noland
wastewater treatment facility (WWTF)discharged the currently permitted 93.4 pounds of phosphorus per day,
it would take over 106 years to discharge the amount of phosphorus into the White River that is trapped in the
lake. With our current actual average discharge, it would take more than 500 years to discharge that much
phosphorus. There is some potential argument that the phosphorus in the lake is in a less detrimental form
than what we would discharge (non-soluble reactive vs soluble reactive), but there is no dispute that the
accumulation of phosphorus in Lake Sequoyah absolutely dwarfs anything that we can conceive of coming
from the WWTF. With that in mind, it appears removing the sediment from the lake and putting that sediment
back into useful production in some form would be of far greater value to the downstream reservoir than almost
anything else we could do at the Noland WWTF. Further, it follows that developing a process to consistently
remove sediment accumulation in the future would continue to have very positive environmental benefits to the
White River and to Beaver Lake. As a result, staff is planning to include a pilot sediment removal program in
the 2012 wastewater treatment budget.
7. Development Cost-Shares.
A. Arkansas Music Pavilion (AMP). This cost share, attached, for$75,255, involves extending and
looping water lines. The AMP development will extend a water line from the end of Steele Boulevard, where it
meets the NWA Mall parking lot, along the south side of the parking lot to and through the development. It is
required for both domestic use and fire protection. This line will see regular use in the summer, but will not be
used in winter months when the AMP does not have events. The water in this line will become stagnant, and
will have to be regularly flushed, and will have to be flushed and tested prior to the first use each summer. A
better alternative is to extend the water line to the east, where it can loop with a dead end line on Mall Avenue
and connect it to a dead end to the west to loop another very close dead end line. These lines have long been
identified to be looped at the next cost effective opportunity. Looped lines are essential to meet the new EPA
disinfectant by products rule, to provide optimum flow, and to ensure the best possible water quality in the
area. The extension required by the City is actually a longer stretch of pipe than the lines required simply to
serve the needs of the AMP. Because the extension covers additional ground and involves a greater length of
pipe, it is appropriate for the City to bear a portion of the cost of both design and construction. STAFF
REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL.
B. Oakland Courts. This cost share involves increasing the size of a downstream, off-site sewer line.
The existing main was just adequate for the pre-existing development- six to eight single family homes -at the
intersection of Oakland Avenue and North Street. The new development includes 57 residential and 3
office/retail units. The development requires the larger sewer line, and the City benefits from replacing an
older, clay sewer line. Thus, a cost share is appropriate. STAFF REQUESTS THIS BE FORWARDED TO
THE CITY COUNCIL.
8. Professional Engineering Selections for Utilities Work were made for the projects below.
A. Water Transmission Line Alignment, Easement Definition, and Acquisition. McClelland
Consulting Engineers was selected for this project, which involves all actions required to acquire easements for
a new water transmission line beginning at the existing 36" water transmission line on Van Asche Drive in
Water,Sewer and Solid Waste Committee Agenda Page 2 of 33 W-S-SW CommitteeAgenda Octl l
WATER/SEWER/SOLID WASTE COMMITTEE AGENDA
MEETING DATE OF OCTOBER 11, 2011
Fayetteville and ending at the future Beaver Water District west clearwell/transmission line north of Elm
Springs west of the Wagon Wheel exit off 1-540.
B. Creek Crossing Repairs for Flood Damage. Crafton Tull &Associates was selected for this
project, which involves developing detailed designs and specifications for repairing water and sewer creek
crossings damaged by spring, 2011 floods, and limited other point type water and sewer projects. Much of this
is FEMA reimbursable work, and may also include designs for gravel road repairs damaged in the same floods.
9. Annual Bulky Waste Cleanups have been scheduled from 7am to 2pm at the following locations. As with
last year, no a-scrap will be accepted. Detailed information is on the City web site.
Ward 4— Saturday, September 26; 35.95 tons total; 30.70 trash, 4.33 metal, 0.92 freon
Ward 3— Saturday, October 15; Elks Lodge and Vandergriff Elementary
Ward 1 —Saturday, October 22; Root Elementary and Solid Waste & Recycling Facility
Ward 2 —Saturday, October 29; Woodland Jr. High School and Church of Christ
10. Electronic Waste Recycling for Northwest Arkansas is scheduled for October 11 and 12 at the Arvest
Ballpark from 9 a.m. to 6 p.m. As with last year, both organizations and individuals may take items for
recycling, at no charge, per the attached flyer.
11. Highway 265/Crossover Water/Sewer Relocation Easement Condemnations have been filed and
orders of possession acquired. Easements have been acquired from 27 of 29 owners. We are still
negotiating. Two new easements were added with the extension north of Joyce; one of these two has been
ac uired.
Perm Temp Temp
Tract property Owner Parcel l# Easmnt Easmnl E cemeDamages Total
fN fN nt ConsS Easement
10 1 John David Brown 7G5-13295-000 22,883 9,603 $23,700 S 3,500 $ 400 $27,600
12. Solid Waste Franchise Program Alternatives Evaluation is deferred the next Water, Sewer and Solid
Waste Committee meeting.
13. Water/Sewer Committee Meeting is Tuesday, November 8, 2011, 5:15 p.m., room 326.
Attachments: 4 Broyles Avenue Recycling Drop off and Education Facility Contract with MWY
5 Levelized Billing Proposal from HDR
7 AMP Cost Share Agreement
10 Electronic Waste Recycling Event Flyer
Water,Sewer and Solid Waste Committee Agenda Page 3 of 33 W-S-SW CommitteeAgenda Octl l
Me CITY COUNCIL AGENDA MEMO
a�fre eeMEETING DATE OF NOVEMBER 1,2011
1THE CITY OF FAYETTEVILLE,ARKANSAS
Afl KANSAS
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
Water, Sewer, Solid Waste Commi#t
David Jurgen, PE, Utilities Director
From: Allison Atha, Utilities Project Coordi torr
Date: October 7, 2011 `f
Subject: Approval of an Engineering Contract with McGoodwin, Williams, &Yates for Design of the Broyles
Avenue Recycling Drop Off and Education Facility
RECOMMENDATION
City Administration recommends approval of an Engineering Contract with McGoodwin,Williams, &Yates
(MWY) for Design of the Broyles Avenue Recycling Drop Off and Education Facility for$105,000.
BACKGROUND
The RW Beck study identified that additional recycling drop-off facilities would significantly increase the
City's recycling production,by providing more convenient service to customers in multi-family residential
structures, as well as to customers outside the City limits who do not have convenient access to recycling
facilities. In 2009, a location was identified on the northeast portion of the West Side Wastewater Treatment
Facility land. When integrated to the overall site plan, including the West Side WWTF, the 46 acre mitigation
wetlands, a potential future wetlands bank, the future natural parks so residents can better appreciate the
wetlands facilities, it was determined that with very little cost and effort, we could expand the mission of the
drop-off facility to include a recycling and sustainability education objective, integrating the concepts of
sustainable, low impact development(LID) into the design and education mission. The facility will integrate
some xeriscaping, native plantings,rain gardens, etc. It will include a covered outdoor classroom,public
restrooms, and a small administrative room. Parking shall include space for handicapped customers,up to two
school busses, drop-off customers, and education customers.
A team of City staff from Solid Waste, Utilities, Parks, and Sustainability developed the site plan, with input
from public discussions,the Environmental Action Committee, and the Water/Sewer/Solid Waste Committee.
Two ADEQ recycling grants, $24,449 for containers and $15,551 for education, were obtained in 2010 in
support of this project.
DISCUSSION
MWY was selected by an Engineering Selection Committee on September 22, 2011. MWY has proven
expertise in LID design, having designed the site of the Beaver Water District administration building,which
earned LEED gold certification. City and MWY staff negotiated the attached contract for design services for
the site. The design is to be completed in December, 2011;hard construction will be completed in August,
2012, with plants, grasses, and other vegetative work to be in place by the end of September, 2012.
BUDGETIMPACTS
Project 10003 has $417,216 budgeted. $312,216 will remain for construction and education facilities.
Broyles Recyc Drop Engr M WY CCMemo Octl l.doc
Water,Sewer and Solid Waste Committee Agenda Page 4 of 33
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCGOODWIN, WILLIAMS, & YATES, INC.
THIS AGREEMENT is made as of , 2011, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor(hereinafter called CITY OF FAYETTEVILLE) and
MCGOODWIN, WILLIAMS, &YATES, INC. (hereinafter called MCGOODWIN, WILLIAMS, &
YATES).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the investigation, planning,design, permitting,and construction of the Fayetteville Solid Waste
Operation. Therefore, CITY OF FAYETTEVILLE and MCGOODWIN, WILLIAMS, &YATES in
consideration of their mutual covenants agree as follows:
MCGOODWIN, WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS,&
YATES'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 MCGOODWIN, WILLIAMS, &YATES.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of MCGOODWIN, WILLIAMS, & YATES.
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.
FY349 M W Y Contract 1 10/7/2011
Water,Sewer and Solid Waste Committee Agenda Page 5 of 33
SECTION 2- BASIC SERVICES OF MCGOODWIN,WILLIAMS,& YATES
2.1 General
2.1.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1.1 The Scope of Services to be furnished by MCGOODWIN, WILLIAMS, &YATES
during the Engineering Design Phase is included in Section 2.2 hereafter and in
Appendix A attached hereto and made part of this Agreement.
2.1.2 MCGOODWIN, WILLIAMS, & YATES shall coordinate their activities and services with
the CITY OF FAYETTEVILLE, MCGOODWIN, WILLIAMS, &YATES and CITY OF
FAYETTEVILLE agree that MCGOODWIN, WILLIAMS, &YATES has full responsibility
for the engineering services.
2.2 Engineering Services—Broyles Avenue Recycling Drop Off and Education Facility.
2.2.1 Perform engineering services for the Broyles Avenue Recycling Drop Off and Education
Facility as described in the Scope of Services in Appendix A.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall,within a reasonable time, so as not to delay the services of
MCGOODWfN, WILLIAMS, & YATES
3.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.2 Assist MCGOODWIN, WILLIAMS, & YATES by placing at MCGOODWIN, WILLIAMS,
& YATES's disposal all available information pertinent to the assignment including previous
reports and any other data relative thereto.
3.3 Guarantee access to and make all provisions for MCGOODWIN, WILLIAMS, & YATES to
enter upon public and private property as required for MCGOODWIN, WILLIAMS,&
YATES to perform his services under this Agreement.
3.4 Examine all studies,reports, sketches, cost opinions, proposals, and other documents
presented by MCGOODWfN, WILLIAMS, &YATES and render in writing decisions
pertaining thereto within seven (7)calendar days.
FY349 M W Y ContractM W Y Contract 7 10/7/2011
Water,Sewer and Solid Waste Committee Agenda Page 6 of 33
3.5 Provide such professional legal, accounting, financial,and insurance counseling services as
may be required for the Project.
3.6 The Utilities Project Coordinator is the CITY OF FAYETTEVILLE's project representative
with respect to the services to be performed under this Agreement. The Utilities Project
Coordinator 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.
3.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to MCGOODW IN, WILLIAMS, & YATES 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. MCGOODWIN,
WILLIAMS, &YATES will proceed with providing the authorized services immediately
upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization
shall include the scope of the services authorized and the time in which the services are to be
completed. The anticipated schedule for this project is included as Appendix A.
4.3 The Broyles Avenue Recycling Drop Off and Education Facility is to be opened for
operations by Monday, August 13, 2012. In order to meet this deadline, final design
documents are required to be completed no later than Wednesday, December 14,2011.
4.3.1 Liquidated damages shall be charged at a rate of one hundred dollars($100) per calendar day
for each day after Wednesday, December 14, 201 lthat design documents, including both
plans and specifications, are not ready to be published for bidding.
FY349 M W Y Com.a IM W Y Comrect 3 1017!201 I
Water,Sewer and Solid Waste Committee Agenda Page 7 of 33
SECTION 5- PAYMENTS TO MCGOODWIN,WILLIAMS,& YATES
5.1 Compensation
5.1.1 Broyles Avenue Recycling Drop Off and Education Facility
The maximum not-to-exceed amount authorized for this Agreement is $105,000. The CITY OF
FAYETTEVILLE shall compensate MCGOODWIN, WILLIAMS, &YATES based on a Unit Price or
Lump Sum basis as described in Appendix A.
5.1.1.1 Subject to the City Council approval,adjustment of the not-to-exceed amount may be
made should MCGOODWIN, WILLIAMS, & YATES 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 shorten the duration of work from the time period specified
in the Agreement for completion of work and such modification warrants such
adjustment. Changes, modifications or amendments in scope, price or fees to this
Contract shall not be allowed without formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, cost, fees, or delivery
schedule.
5.1.1.2 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 MCGOODWIN, WILLIAMS, &YATES'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 MCGOODWIN, WILLIAMS, &YATES and approved by
CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each
month by the updated project schedule as the basis for determining the value earned as
the work is accomplished. Final payment for professional services shall be made upon
CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion
of the study and report for the Project.
FY349 M W Y Cont. tM W Y Cowmt 4 10/7/2011
Water,Sewer and Solid Waste Committee Agenda Page 8 of 33
5.2 Statements
Statements and progress report for each calendar month will be submitted to CITY OF FAYETTEVILLE.
Statements will be based on MCGOODWIN, WILLIAMS, &YATES's percent completion of the
project.
5.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of MCGOODWIN,
WILLIAMS,& YATES'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
MCGOODWIN, WILLIAMS, & YATES 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
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, MCGOODWIN,
WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS, & YATES 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 MCGOODWIN,
WILLIAMS,& YATES 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, MCGOODWIN, WILLIAMS, & YATES
will maintain (in United States Dollars)the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
FY349 M W Y CnnlraoM W Y Cntral 5 10/7/2011
Water,Sewer and Solid Waste Committee Agenda Page 9 of 33
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
MCGOODWIN, WILLIAMS, & YATES 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 MCGOODWIN, WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS, &
YATES's services.
6.2 Professional Responsibility
6.2.1 MCGOODWIN, WILLIAMS, & YATES will exercise reasonable skill, care, and diligence in
the performance of MCGOODWIN, WILLIAMS, & YATES's services and will carry out its
responsibilities in accordance with customarily accepted professional engineering practices.
CITY OF FAYETTEVILLE will promptly report to MCGOODWIN, WILLIAMS, &
YATES any defects or suspected defects in MCGOODWIN, WILLIAMS,&YATES's
services of which CITY OF FAYETTEVILLE becomes aware, so that MCGOODWIN,
WILLIAMS, & YATES 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 MCGOODWIN, WILLIAMS, &YATES.
6.3 Cost Opinions and Projections
Cost opinions and projections prepared by MCGOODWIN, WILLIAMS, &YATES relating to
construction costs and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on MCGOODWfN, WILLIAMS, &YATES's experience,
qualifications, and judgment as a design professional. Since MCGOODWIN, WILLIAMS, &YATES
has no control over weather, cost and availability of labor, material and equipment, labor productivity,
7"Y349 M W Y ConoaoM W Y Contract 6 10/7/2011
Water,Sewer and Solid Waste Committee Agenda Page 10 of 33
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, MCGOODWIN, WILLIAMS, &YATES does not
guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost
opinions and projections prepared by MCGOODWIN, WILLIAMS, &YATES.
6.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
MCGOODWIN, WILLIAMS, &YATES'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 MCGOODWIN, WILLIAMS, &YATES.
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.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience,provided that MCGOODWIN, WILLIAMS, &
YATES 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.
FY319 MW Y Cowme IM W Y Comracl 7 10/7/2011
Water,Sewer and Solid Waste Committee Agenda Page 11 of 33
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 service's or other work,
6.5.3.2 Any payment due to MCGOODWIN, WILLIAMS,& YATES at the time of termination
may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of
MCGOODWIN, WILLIAMS, &YATES's default.
6.5.4 If termination for default is effected by MCGOODWIN, WILLIAMS, & YATES, 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 MCGOODWIN,
WILLIAMS, & YATES for services rendered and expenses incurred prior to the termination,
in addition to termination settlement costs reasonably incurred by MCGOODWIN,
WILLIAMS, &YATES 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, MCGOODWIN,
WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS,& YATES 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 MCGOODWIN, WILLIAMS, & YATES to fulfill
contractual obligations, it is determined that MCGOODWIN, WILLIAMS, &YATES 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.
I Y349 M W Y C.w,xUM W Y Contract 8 10/7/2011
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6.6 Delays
In the event the services of MCGOODWIN, WILLIAMS, & YATES are suspended or delayed by CITY
OF FAYETTEVILLE or by other events beyond MCGOODWIN, WILLIAMS, & YATES's reasonable
control,MCGOODWIN, WILLIAMS, &YATES shall be entitled to additional compensation and time
for reasonable costs incurred by MCGOODWIN, WILLIAMS, & YATES in temporarily closing down or
delaying the Project.
6.7 Rights and Benefits
MCGOODWIN, WILLIAMS, &YATES'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 MCGOODWIN, WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS, &YATES written Notice at
the address listed in Paragraph 6.14 within thirty(30)days after occurrence of any
FY349 M W Y Contrac[M W Y Contract 9 10/7/2011
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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 MCGOODWIN, WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS, &
YATES 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 MCGOODWIN, WILLIAMS, &YATES for services rendered by
MCGOODWIN, WILLIAMS, & YATES.
6.10 Publications
Recognizing the importance of professional development on the part of MCGOODWIN, WILLIAMS, &
YATES's employees and the importance of MCGOODWIN, WILLIAMS, &YATES's public relations,
MCGOODWIN, WILLIAMS, & YATES may prepare publications,such as technical papers,articles for
periodicals, and press releases, pertaining to MCGOODWIN, WILLIAMS, &YATES'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 MCGOODWIN, WILLIAMS, &YATES CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information from such
publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The
cost of MCGOODWIN, WILLIAMS, & YATES's activities pertaining to any such publication shall be
for MCGOODWIN, WILLIAMS, & YATES'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 MCGOODWIN,
WILLIAMS, &YATES from and against any and all loss where loss is caused or incurred or
FY349 M W Y Cowmc[M W Y Contract 10 10/7/2011
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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 Computer Models. MCGOODWIN, WILLIAMS, & YATES may use or modify
MCGOODWIN, WILLIAMS, &YATES'S proprietary computer models in service of CITY
OF FAYETTEVILLE under this agreement,or MCGOODWIN, WILLIAMS, & YATES
may develop computer models during MCGOODWIN, WILLIAMS, &YATES's service to
CITY OF OFAYETTEVILLE under this agreement. Such use, modification, or development
by MCGOODWIN, WILLIAMS, & YATES does not constitute a license to CITY OF
FAYETTEVILLE to use or modify MCGOODWIN, WILLIAMS, &YATES's computer
models. Said proprietary computer models shall remain the sole property of MCGOODWIN,
WILLIAMS, &YATES. CITY OF FAYETTEVILLE and MCGOODWIN, WILLIAMS, &
YATES will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to
use MCGOODWIN, WILLIAMS, & YATES's computer models.
6.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections,estimates, specification field notes, and data are and remain the property of
CITY OF FAYETTEVILLE. MCGOODWIN, WILLIAMS, &YATES may retain reproduced copies of
drawings and copies of other documents.
Engineering documents, drawings,and specifications prepared by MCGOODWIN, WILLIAMS, &
YATES as part of the Services shall become the property of CITY OF FAYETTEVILLE when
MCGOODWIN, WILLIAMS, &YATES has been compensated for all Services rendered, provided,
however, that MCGOODWIN, WILLIAMS, &YATES shall have the unrestricted right to their use.
MCGOODWIN, WILLIAMS, &YATES 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
MCGOODWIN, WILLIAMS, & YATES
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. MCGOODWIN, WILLIAMS, &YATES 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.
PY349 MWY Contrac1MWY Contract 11 10/7/2011
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Notices
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
MCGOODWIN, WILLIAMS, &YATES's address:
302 E. Millsap Road
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
CITY OF FAYETTEVILLE and MCGOODWIN, WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS, &
YATES shal I assign, sublet, or transfer his interest in the Agreement without the written consent of the
other.
6.15 Controlling Law
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
This Agreement represents the entire Agreement between MCGOODWIN, WILLIAMS, &YATES 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
MCGOODWIN, WILLIAMS, & YATES a purchase order, no preprinted terms thereon shall become a
part of this Agreement. Said purchase order document, whether or not signed by MCGOODWIN,
WILLIAMS, &YATES, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
FY349 M W Y ConhactM W Y Cnn(=( 12 10/712011
Water,Sewer and Solid Waste Committee Agenda Page 16 of 33
SECTION 7- SPECIAL CONDITIONS
7.1 Additional Responsibilities of MCGOODWIN, WILLIAMS, & YATES
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
MCGOODWIN, WILLIAMS, & YATES 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 MCGOODWfN, WILLIAMS, & YATES shall be and shall remain liable, in accordance with
applicable law, for all damages to CITY OF FAYETTEVILLE caused by MCGOODWIN,
WILLIAMS, & YATES'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 MCGOODWIN, WILLIAMS, &YATES's obligations under this clause are in addition to
MCGOODWIN, WILLIAMS, &YATES'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 MCGOODWIN, WILLIAMS, & YATES for faulty
materials, equipment, or work.
7.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter-claims, disputes and other
matters in question between CITY OF FAYETTEVILLE and MCGOODWIN, WILLIAMS, &YATES
arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent
jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 MCGOODWfN, WILLIAMS, & YATES shall maintain books, records, documents and other
evidence directly pertinent to performance on work raider this Agreement in accordance with
generally accepted accounting principles and practices consistently applied in effect on the
date of execution of this Agreement. MCGOODATN, WILLIAMS, &YATES shall also
maintain the financial information and data used by MCGOODWIN, WILLIAMS, & YATES
FY349 MWY ComraciMWY C=1=1 13 I(YNO13
Water,Sewer and Solid Waste Committee Agenda Page 17 of 33
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. MCGOODWIN, WILLIAMS, & YATES
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 MCGOODWIN, WILLIAMS, & YATES;
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
MCGOODWIN, WILLIAMS, &YATES 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
FY349 M W Y Contr=M W Y Contract 14 10/7/2011
Water,Sewer and Solid Waste Committee Agenda Page 18 of 33
commercial or selling agencies maintained by MCGOODWIN, WILLIAMS, &YATES for the purpose
of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the
right to annul this Agreement without liability or at its discretion,to deduct from the contract price or
consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that MCGOODWIN,
WILLIAMS, & YATES or any of MCGOODWIN, WILLIAMS, & YATES'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 MCGOODWIN, WILLIAMS, &YATES 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 MCGOODWIN, WILLIAMS, &
YATES as it could pursue in the event of a breach of the Agreement by MCGOODWIN,
WILLIAMS, & YATES 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 MCGOODWIN, WILLIAMS, &YATES incurs in providing any
such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
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, MCGOODWIN, WILLIAMS, & YATES will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act
M49 M W Y C.m.oM W Y Contract 15 10/7/201 1
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(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
MCGOODWIN, WILLIAMS, &YATES, by its authorized officer have made and executed this
Agreement as of the day and year first above written.
CITY OF FAYETTEVILLE,ARKANSAS MCGOODWIN, WILLIAMS, &YATES, INC.
By : By:
Mayor, Lioneld Jordan Brad B. Hammond, P.E.,
ATTEST:
By: Title: President
City Clerk
Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed
without formal contract amendment approved by the Mayor and the City Council in advance of tite
change in scope, cost, fees, or delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FY349 M W Y Cont.c1M W Y Com,act 16 10/7/2011
Water,Sewer and Solid Waste Committee Agenda Page 20 of 33
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A—SCOPE OF SERVICES
This is Appendix A, consisting of 3 pages, referred to in and part of the Agreement For Professional
Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN,
WILLIAMS,AND YATES, INC. dated
Initial:
CITY OF FAYETTEVILLE
McGOODWIN,WILLIAMS,AND YATES, INC.
The following contains additional Scope of Services tasks.
A.1 General Scope
The work covered by this agreement includes detailed design,preparation of construction
drawings and specifications,bidding and construction administration and observation for the
Broyles Avenue Recycling Drop-Off and Education Facility,the conceptual design of which
was performed by the CITY OF FAYETTEVILLE. The project generally includes the
following:
1. Approximately 3.5 acres of site development, including grading, drainage, and utility
improvements.
2. Access drives and a concrete loading/unloading area with foundations for recycling bins
as shown on the conceptual plan provided by the CITY OF FAYETTEVILLE.
3. A building(maximum size 25 feet square excluding external classroom)with an office,
public restrooms, and an external classroom.
a. Includes civil, architectural,structural, mechanical, electrical, and plumbing plans.
4. Walks and trails with sculpture foundations.
5. Site security, including fencing, gates, and lighting.
6. Incorporation of low-impact development(LID) features as practical and appropriate,
which may include recycled material,infiltration basins,native plantings,bioswales,
pervious concrete pavement, and/or other features as practical and appropriate.
A.2 Specific Scope of Services
McGOODWIN, WILLIAMS,AND YATES shall provide a suitable engineering staff to
complete the necessary field surveys, to perform detailed design,to prepare plans and
specifications, to provide needed services during the bid phase and the construction phase of
the project, and to provide other services as may be directed by the CITY OF
FAYETTEVILLE. The staff shall consist of engineers, engineering technicians,inspectors
and other assistants as may be necessary to carry on the work in an efficient and expeditious
manner. McGOODWIN,WILLIAMS,AND YATES will provide the following services:
A2.1 Detailed Design and Preparation of Construction Plans and Specifications
Appendix A Page 1
Water,Sewer and Solid Waste Committee Agenda Page 21 of 33
I. Prepare final design for the project based on the conceptual design plan developed by the
CITY OF FAYETTEVILLE. Topographical survey contours will be provided by the
CITY OF FAYETTEVILLE, but limited surveying may need to be performed by
McGOODWIN,WILLIAMS,AND YATES.
2. Prepare detailed construction specifications and drawings.
3. Prepare an opinion of probable cost of the authorized construction. It is understood and
agreed that this opinion will be prepared for planning and budgeting purposes only and
that McGOODWIN, WILLIAMS, AND YATES makes no warranty, expressed or
implied, as to the accuracy of such opinions as compared to bid or actual costs.
4. Submit, on behalf of the CITY OF FAYETTEVILLE, construction specifications,
drawings and design criteria for approval to the Arkansas Department of Health and other
agencies, if required.
5. Prepare necessary environmental and other permitting applications, including SWPPP and
BMP plans, and assist with submittal to appropriate federal, state and local agencies.
Permitting fees will be paid directly by the CITY OF FAYETTEVILLE and are not
included in the professional design fees. An industrial stormwater permit will be prepared
by the CITY OF FAYETTEVILLE and is not included in the scope of work. In addition,
a Corps of Engineers 404 permit is not included in the scope of work.
6. Prepare and submit a Large Scale Development Plan (LSD) in accordance with the CITY
OF FAYETTEVILLE's requirements,and attend necessary public meetings to present the
project.
A2.3. Bidding and Preconstruction Services
McGOODWIN, WILLIAMS, AND YATES will provide technical interpretation of the plans
and specifications as needed,prepare addenda as required, attend a pre-bid conference and the
bid opening, provide an engineering analysis of the bids received, make recommendations
concerning award of the construction contract and assist in the preparation of contract
documents. Supporting documents will be prepared and submitted to the CITY OF
FAYETTEVILLE. The scope of services does not include dividing construction contracts into
multiple projects and/or bids.
A2.4 Construction Phase Services are not included in the scope of this contract and will be
addressed in a future amendment, if required.
A.3 Project Deliverables
The following will be submitted to the CITY OF FAYETTEVILLE, or others
indicated, by the McGOODWIN, WILLIAMS,AND YATES as part of the Project.
• Copies of LSD plan and application as required by the CITY OF
FAYETTEVILLE
• Three(3)copies of 30% Plans and Specifications, including preliminary
opinion of probable cost,to CITY OF FAYETTEVILLE for review
• Three(3)copies of 90% Plans and Specifications, including preliminary
opinion of probable cost,to CITY OF FAYETTEVILLE for review
• Five(5) copies of Final Plans and Specifications to the CITY OF
FAYETTEVILLE
• Permit applications as required by federal, state and local agencies
• Electronic files in accordance with the Agreement
Appendix A Paget
Water,Sewer and Solid Waste Committee Agenda Page 22 of 33
• Electronic files in accordance with the Agreement
AA Compensation
In consideration of the performance of the foregoing services by McGOODWIN, WILLIAMS,
AND YATES,the CITY OF FAYETTEVILLE shall pay to McGOODWIN, WILLIAMS,
AND YATES compensation as follows:
1. Compensation shall be paid to McGOODWIN,WILLIAMS, AND YATES on the basis of
McGOODWIN, WILLIAMS, AND YATES's standard hourly rates in effect at the time
the work is performed, plus reimbursable expenses. Rates are adjusted annually at the
beginning of each calendar year. McGOODWIN, WILLIAMS, AND YATES agrees to
keep the CITY OF FAYETTEVILLE apprised in a timely manner of costs incurred.
2. The reimbursable expenses for which McGOODWIN, WILLIAMS,AND YATES will be
reimbursed shall include travel expenses when traveling outside Northwest Arkansas in
connection with the project,rental expenses for special equipment needed for completion
of the work,purchase of material, and other expenses directly attributable to the project,
including any work performed by subcontractors. McGOODWIN,WILLIAMS,AND
YATES shall charge the CITY OF FAYETTEVILLE for reimbursable expenses at actual
cost plus ten percent(10%).
The maximum not-to-exceed amount authorized by this contract is$105,000.
A.4 Project Design Schedule
McGOODWIN,WILLIAMS, AND YATES shall begin work under this Agreement
within two (2)working days of a Notice to Proceed(NTP) and shall complete the
design work described in Section A2.1 in accordance with the schedule below on the
condition that the contract is approved on November 1,2011 and any requested input
and/or comments from the CITY OF FAYETTEVILLE is received in writing by
McGOODWIN, WILLIAMS,AND YATES within seven(7)calendar days after the
request or submittal is received by the CITY OF FAYETTEVILLE.
Design Phase Description Completion Date
• Submit 30%Design Plans and Specifications November 8, 2011
• Submit 90%Design Plans and Specifications December 1, 2011
• Submit Final Construction Plans and Specifications December 14, 2011
Appendix A Page 3
Water,Sewer and Solid Waste Committee Agenda Page 23 of 33
October 2,2011
Mr. David Jurgens, P.E.
Utilities Department Director
City of Fayetteville
113 West Mountain Street
Fayetteville,Arkansas 72701
Subject: Proposal to Provide Technical Assistance on an Evaluation of Utility Levelized
Billing/Bill Averaging
Dear Mr.Jurgens:
Thank you for recently contacting HDR Engineering, Inc. (HDR)concerning the City of
Fayetteville's technical and professional needs in the area of utility billing and the practice of
levelized billing or bill averaging. HDR has proposed a comprehensive review of this issue and
has developed a specific scope of services to achieve this objective. At the conclusion of our
review, HDR will provide the City with a Technical Memorandum discussing our findings and
conclusions on this particular topic.
As you are aware, HDR is highly qualified to provide these services. HDR is nationally
recognized for our expertise in water and wastewater utility rate setting. More specifically,
HDR performed the last comprehensive rate study for the City and developed the current
conservation-oriented water rate structures that are in place today. Our understanding of the
City's past rate design goals and objectives will be an important frame of reference for this
review and discussion.
Please review the attached letter proposal and let me know if the approach appears to meet
your needs. Thanks again for the opportunity to provide these services to the City.
Sincerely,
{HDDRRR ENGINEERING, INC.
/ — J //("
Thomas E.Gould
Vice President and
National Business Leader for
Finance and Rates
Rgg Engineering,Inc. 5W 1001h Avenue NE Phoice 14251450-6200
Stole 1200 Fax(4251453JI07 1
llellewe WA 98004-5549 —hdrwc cow
Water,Sewer and Solid Waste Committee Agenda Page 24 of 33
-VilYl.lt
4A0 $ Pro osal to Provide Technical and
Lim
Introduction and Overview
The City of Fayetteville provides water and wastewater services to Its citizens and outside City
customers. The City undertook a comprehensive rate study in 2007/2008. During the course
of that study, an important objective was to develop water rate designs that were more
conservation-oriented. As a result of that study, the City made a number of changes to their
rates. In particular, the City moved away from a single retail rate structure for the entire City to
rate structures by class of service (e.g. residential, non-residential, etc.). At the same time,the
City moved to an increasing block rate structure for residential customers to allow for a
"lifeline" block of water for "essential" needs. The blocks after the initial allotment of water
(over 2,000 gallons)were designed to encourage efficient use and conservation. An increasing
block rate structure charges a greater price per unit of consumption as the customer uses
more water. The final adopted water rate structure had 3 blocks of consumption with the tail
block being all consumption over 15,000 gallons.
The weather this past summer was exceptionally hot and as a result, there was a greater use
of outdoor irrigation than in prior years. As a result, some customers received larger summer
water bills than they had historically received because of greater use. With those larger bills,
customers are requesting that the City consider a levelized or average billing approach. This is
also sometimes referred to as "budget billing".
Under a levelized billing approach, a customer's anticipated annual bill is divided into equal
monthly amounts and billed during the year. Typically, at the end of the year, the customer's
estimated annual use is reconciled to their"actual" use during the year.
There are a number of considerations and policy issues should the City desire to move to
levelized billing. The objective of this study is to identify and discuss those considerations and
policy issues. In particular, the issue of the administration of this billing approach is an
important aspect. At the same time, the City implemented conservation-oriented rate
structures to encourage efficient use and conservation. This study will address the impacts of
movement away from actual billing to a levelized billing and the dilution of the conservation
price signal.
Given this background of the key issue, provided below is a detailed discussion of the proposed
scope of services for the City's study.
Proposed Scope of Services
The proposed scope of service is divided into seven interrelated tasks. A discussion of each of
these tasks is provided below.
`� Proposal to Provide Technical and Professional Rate Consulting Services 7
` City of Fayetteville
Water,Sewer and Solid Waste Committee Agenda Page 25 of 33
Task 1 - Initial Project Meeting(Conference Call) - The first task will be a conference call to
begin the study process and better understand the background of this issue and the overall
objectives of this study. HDR would propose a 1-hour conference call for this meeting.
Task 2 - Initial Data Request - A minimal amount of background materials and data will be
required for this study. HDR will develop a formal written data request to obtain the needed
data and information. This may include consumption history and example bills.
Task 3 - Review of Existing Retail Rates - An important starting point for the review is to gain
an understanding of the objectives of the current retail rates. As was noted in our introduction,
conservation and efficient use were key City Council objectives in establishing the current
rates. By reviewing the past history and objectives of the current rates, levelized billing can be
placed in the proper context of the City's previous rate design objectives (i.e. compliment or
conflict with past City Council rate design objectives).
At the same time, from the billing and consumption history of the City, HDR can gain a better
understanding of the usage patterns of the City's retail customers and, if needed, gain a better
understanding of the potential cash-flow issues associated with a movement to levelized
billing.
Task 4 - Review of Other Utility's Levelized Billing Programs -While not widely practiced in the
water utility industry,there are utilities that do have levelized billing programs. The objective of
this task is to gain a better understanding of the general features and policies of a number of
different utilities and their programs. For example, a key issue is qualification (residential vs.
non-residential), method of estimation or calculation of the bill (estimated vs. 12 months of
history), and any other customer service policy issues associated with the program. For
example, do utilities with levelized billing programs have improved billing collections, reduced
late payments, bad debts and fewer shutoff notices?
At the conclusion of this task, HDR and the City will have a better understanding of other
utility's levelized billing programs and how the policy and administrative issues are handled.
This information may provide guidance to the City regarding the various options or alternatives
available to the City.
Task 5 - Review of the City's Utility Billing System - The desire to have a levelized billing
program may be limited by the constraints of the City's utility billing system software. HDR will
work with the City (and if needed their utility billing software vendor) to determine the
capabilities or constraints of the City's existing software. Should upgrades or modifications be
required to the City's utility billing software, then HDR will have the utility billing software
vendor provide an estimate of the potential cost associated with a software upgrade.
Task 6 - Review of Policy Issues - There are a number of policy issues associated with a
levelized billing program. This task will review these policy issues and provide the array of
options or alternatives for the City to consider. Among the policy issues to be reviewed, but not
limited to, as a part of this task are the following:
Applicability: Residential only or applicable to all customers (i.e. non-residential, outside
City, wholesale).
L�7 Proposal to Provide Technical and Professional Rate Consulting Services 2
1 � ` City of Fayetteville
Water,Sewer and Solid Waste Committee Agenda Page 26 of 33
Qualification: Specific qualifications for the program(e.g. good credit history, 12 months of
billing history, etc.). Should college students qualify for the program?
Deposits: The need for an additional deposit for this program
Calculation: Method of calculating the monthly, levelized bill amount
Annual True-Up: Method and timing used to "true-up" bills (e.g. yearend), method of billing
for any true-up debits or credits.
Billing System: Billing system contains history of "actual" meter reads and/or levelized
billed amount.
Policy Issues: Remain qualified with late payments or non-payment on levelized bills?
The above policy issues will be reviewed in detail and our findings summarized for each issue.
Task 7 - Technical Memorandum - At the conclusion of our technical review, HDR will develop
a letter report to document and formally communicate our initial findings and conclusions.
The intent of the letter report is to provide a clear set of findings and conclusions based upon
our review. Once the City has had an opportunity to review the letter report, a conference call
can be scheduled to discuss the letter report. It is anticipated that the conference call will be
approximately 1 hour in length. For this study, HDR has assumed no on-site visits.
This concludes the discussion of the proposed scope of services to assist the City of
Fayetteville. Our proposed scope of services has been developed based upon our limited
understanding of the City's overall technical needs and requirements. HDR is willing to modify
our approach to meet the City's specific needs. Should additional services be requested or
required, they will be provided on a time and material basis. Prior to HDR undertaking any
additional or out of scope services, the City will authorize HDR to undertake those services.
Proposed Project Staffing
Overall Project Management will be provided by Tom Gould, a Vice President and the National
Business Leader for Finance and Rates at HDR. Assistance will be provided by Dina O'Reilly of
HDR's Bellevue office. Should additional expertise or personnel be needed, HDR has sufficient
personnel to meet the City's needs.
Project Time Schedule
HDR assumes that this project will require approximately 3 to 4 weeks to complete.
Hourly Billing Rates and Fees
The following hourly billing rates were used to establish the proposed fees for this study.
Individual Protect Role Hourly Rate
Tom Gould Project Manager,VP $265.00/hour
Dina O'Reilly Sr. Analyst $120.00/hour
Others Project Administrative Support $95.00/hour
Given the above hourly billing rates, HDR has estimated that the labor fees associated with the
proposed scope of services for City's study will be as follows:
`"J Proposal to Provide Technical and Professional Rate Consulting Services 3
` City of Fayetteville
Water,Sewer and Solid Waste Committee Agenda Page 27 of 33
Task Descrlotlon Estimated Hours Total Costs($)
TASK 1- INITIAL CONFERENCE CALL
T.Gould 1 $265
Others 1 95
Subtotal -Task 1 2 $360
TASK 2- INrriAL DATA REQUEST
D.O'Reilly 2 $240
Others 2 190
Subtotal -Task 2 4 $430
TASK 3- REVIEW OF EXISTING RErAIL RATES
T.Gould 1 $265
D.O'Reilly 2 240
Others 1 95
Subtotal -Task 3 4 $600
TASK 4- REVIEW OF OTHER PROGRAMS
T.Gould 2 $530
D.O'Reilly 16 1,920
Others 2 190
Subtotal -Task 4 20 $2,640
TASK 5- REVIEW OF CITY'S BILLING SYSTEM
T.Gould 2 $530
D.O'Reilly 2 240
Others 0 0
Subtotal -Task 5 4 $770
TASK 6-REVIEW OF CITY POLICY ISSUES
T.Gould 4 $1,060
D.O'Reilly 16 1,920
Others 2 190
Subtotal -Task 6 22 $3,170
TASK 7-TECH.MEMO/CONF.CALL
T.Gould 4 $1,060
D.O'Reilly 4 480
Others 2 190
Subtotal -Task 7 10 $1,730
Total Estimated Labor Fees 66 $9,700
Plus:Estimated Expenses(misc.technology/copies,etc.) 250
Grand Total Estimated Fees- Labor and Expenses $
For this project, HDR would propose that the City be billed a fixed fee, not to exceed,amount of
$9,950. HDR will bill the City for the full amount upon completion of the technical
memorandum and acceptance by the City. The City will not unreasonably withhold payment.
Any additional services requested shall be provided at the hourly billing rates noted above.
FL Proposal to Provide Technical and Professional Rate Consulting Services 4
al City of Fayetteville
Water,Sewer and Solid Waste Committee Agenda Page 28 of 33
CITY COUNCIL AGENDA MEMO
Fayrde MEETING DATE OCTOBER 18,2011ETTTHE CITY OF FAYEVILLE,ARKANSAS
S
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jurgens, Utilities Director (l
Fayetteville Water, Sewer,and Solid, ast Committee
Date: September 30, 2011
Subject: Approval of a cost-share and bid waiver in the approximate amount of$75,255.00,with NWA
Entertainment, LLC for Arkansas Music Pavilion Water Line Design and Construction.
RECOMMENDATION
City Administration recommends approval of an ordinance for a cost-share and bid waiver in the approximate
amount of$75,255.00 with NWA Entertainment, LLC for Arkansas Music Pavilion(AMP) water line design
and construction.
BACKGROUND
Water lines near the Northwest Arkansas Mall, the end of Steele Boulevard, and at the north end of Mall
Avenue are all dead end lines. These lines have long been identified to be looped at the next cost effective
opportunity. Looped lines are essential to meet the new EPA disinfectant by products rule, to provide optimum
flow, and to ensure the best possible water quality in the area.
DISCUSSION
The Arkansas Music Pavilion development will extend a water line from the end of Steele Boulevard,where it
meets the NWA Mall parking lot, along the south side of the parking lot to and through the development. It is
required for both domestic use and fire protection. This line will see regular use in the summer,but will not be
used in winter months when the AMP does not have events. The water in this line will become stagnant,and
will have to be regularly flushed, and will have to be flushed and tested prior to the first use each summer. A
better alternative is to extend the water line to the east,where it can loop with a dead end line on Mall Avenue.
The extension required by the City is actually a longer stretch of pipe than the lines required simply to serve the
needs of the AMP. Because the extension covers additional ground and involves a greater length of pipe,it is
appropriate for the City to bear a portion of the cost of both design and construction. This cost share agreement
reflects a 50% of the design and construction cost.
BUDGET IMPACT
Funds for the City portion of work are available in the Water and Sewer Cost Sharing Project. The final actual
cost to the City will be based upon actual bid price for the work.
Telecommunications Device for the Deaf TDD(479)521-1316 113We5t Mountain-Fayetteville,AR72701
Water,Sewer and Solid Waste Committee Agenda Page 29 of 33
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