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HomeMy WebLinkAbout37-00 RESOLUTIONRESOLUTION NO. 37-00 MICROFILMED A RESOLUTION APPROVING AN AGREEMENT WITH BLACK AND VEATCH, IN THE AMOUNT OF $359,720, FOR ENGINEERING SERVICES IN CONNECTION WITH IMPROVEMENTS AT THE NOLAND WASTEWATER TREATMENT PLANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council hereby approves an agreement with Black and Veatch, in the amount of $359,720, for engineenng services in connection with improvements at the Noland Wastewater Treatment Plant. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21" day of March , 2000. APPROVED: By: ATTEST: By: gale, AfAre n_" `i eather Woodruff, City Cle Fred Hanna, Mayor • • NAME OF FILE: Rts.37 DO/,PkAck 1 V ArcA/SAJ-. SEA/ ca//JOLA/O/ WASTE - G)4T&2. 7 EATmeA)% CROSS REFERENCE: PLAN Date Contents of File Initials g,Z/-oa ES. 37- OD --Xlir PT7 .A" (ArrREs &71)7--) ,f 29 -Dor- 40 l -A/. Czry co el ,frthAN) Ry..m✓ VFAARRLC x in AIoP AlAA),t),4 HIRAI ell ARLEs 6f: eoiJTRAc r5 -!'02. !"REtyn I AM? �iUa. sad ice s/t y. Gf1ASTE - le) ATER l??nPRoVET„s,JTs a o.rpc ) ,P-F-oo n 0 7o t9/, (1,77/ Co2holerA. APO 271 j 4) 16(11.c/ 5'11 T�,zt �,4A,2nE.s t)ni Mk 0 2224#2 liAAJ.IA �&:62O,v7-RAers _POR_tR.EA.z .mg'/ ENG. sFRVic r/494A.aNa 7A-4-4rAi.p,) % AA / or &,UTS/e/ACK 9z 1_729PkDV&7, 14--A--rem XAAl cA S ��7/) in()) t3-1-.21 1 AGE,04A RPQu&is r AMYn A 3-27-100 io C A<JA,Pi. Es i//Agie ifrkom 1-4-A rf/Ft 1/49,4111/itc )t9) ?VA • •• • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this/ day of /MA//tel 2000, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and Black & Veatch Corporation with offices located in Kansas City, Missouri hereinafter called the "ENGINEER". WITNESSETH: Whereas, the "OWNER" is planning to construct improvements at the Paul Noland Wastewater Treatment Plant (the Project); and, Whereas the "OWNER'S" forces are fully employed on other urgent wok that prevents their early assignment to the aforementioned work; and Whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the plans for the project on schedule; Now therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I — EMPLOYMENT OF ENGINEER The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II — DESCRIPTION OF THE PROJECT Plan, design and construct improvements at the existing Paul Noland Wastewater Treatment Facilities. It is anticipated that the improvements will improve plant performance, reduce operating costs, improve odor control measures and replace/upgrade critical equipment. City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 t EX/1- • • SECTION III — INFORMATION & SERVICES The "OWNER" will furnish, free of charge, any specifications, standards, reports, plant operating data, industrial pretreatment program information, and other data and information which niay relate to the project including GPS survey data. Aerial mapping data and plant operating data will be provided to the "ENGINEER" on magnetic media. SECTION 1V — SERVICES TO BE FURNISHED BY THE "ENGINEER" Item A — ADMINISTRATION, COORDINATION, AND MEETING • The "ENGINEER" shall provide the following services. Task 100 — Meetings 101. Attend coordination, progress, and public information meeting as requested by the "OWNER" or required to successfully complete the work. Up to fourteen meetings are included in the project budget. Task 200 — Administration 201. Maintain such files and records as necessary to provide a historical record for the work and project billing. These files shall be maintained at the office of the "ENGINEER". 202. Provide a monthly status reports describing the work completed to date and work to be completed during the next month. Included with the report shall be a description of coordination issues which could delay the `ENGINEER". Included with the status report shall be a graphic schedule (bar chart) with activity descriptions. Item B - PROJECT INVESTIGATIONS The "ENGINEER" shall conduct the following investigations in preparation to design of the improvements to the Paul Noland Wastewater Treatment Plant. Task 100 — Develop Wastewater Characteristics 101. Make site visit to meet with "OWNER'S" representatives and collect data. 102. Analyze up to four years of historical data from the Paul Noland WWTP to determine historical flows and loads. This data will include influent data, effluent data, and operating data. From this data annual average and maximum month flow and Toads will be identified. City of Fayetteville Agree. slw#6fasFebruary 29, 2000 90104.9402 2 • • 103. Identify industries which discharge significant pollutant quantities to the collection system. Review industrial monitoring reports to assess the industrial loads to the plant. if monitoring reports are not available, contact industries to get discharge characteristics and flows. 104. Estimate university flow and loads using university student population. 105. Determine Noland WWTP influent characteristics based on a range of operating modes using data from the recent master plans. Key variables are 1) domestic flow and Toads diverted to new Westside WWTP, 2) industrial flow and load, and 3) university flow and loads. A matrix of influent characteristics will be developed. 106. Determine Westside WWTP influent characteristics following completion of Task 105. Provide Task 105 information to McGoodwin, Williams, and Yates for their determination of these characteristics. It is anticipated that the influent characteristics to the Westside WWTP will differ from the Noland WWTP because of the lack of industry and university loads. 107. Prepare Technical Memorandum #1 describing the data collected and conclusions reached based on the data evaluated. Submit 10 copies to "OWNER" for review and comment. 108. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 109. Prepare for and attend one public information meeting if required by "OWNER". Task 200 — Evaluate Paul Noland WWTP Capacity 201. Using the influent wastewater matrix developed in Task 104, determine the minimum flow which can be treated at the Noland facility without adversely impacting operations. For this initial evaluation it will be assumed that the Noland facility is not handling solids from the Westside WWTP. Two liquid schematics will be considered: 1) existing liquid stream and 2) abandon primary treatment and operate with secondary treatment only. Combination of models will be used including BioWin and Cygnet. 202. Prepare Technical Memorandum #2 and provide 10 copies to "OWNER" for review and comment. 203. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 204. Prepare for and attend one public information meeting if required by "OWNER". City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 3 i Task 300 — Evaluate Nitrification Inhibition at Paul Noland WWTP. 301. Review historical data to determine exact times of inhibition. Compare influent and operating conditions of the years with inhibition to years without inhibition to identify any differences. 302. Meet with OMI staff to discuss periods of nitrification inhibition. 303. Meet with industries identified in Task 103 to identify operational pattern over the past four years, i.e. wasting pattern through the week, clean up operations, periods of shut down, and product changes. Determine if any industry changes coincide with process upset. 304. Review university schedule to determine any major events, i.e. semester start/stop, athletic functions, which coincide with process upset. 305. Model periods before, after and during inhibition to identify probable cause for inhibition. 306. Prepare Technical Memorandum #3 and provide 10 copies to "OWNER" for review and comment. 307. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 308. Develop an action plan to handle nitrification inhibition should it reoccur in the summer of 2000 and meet with "OWNER" and OMI to discuss plan. Task 400 — Estimate Sludge Quantities 401. Determine sludge quantities from Paul Noland WWTP based on the minimum capacity identified in Task 201 without solids from Westside WWTP. Consider cases with and without primary treatment as defined in Task 201, Task 500 — Evaluate Solids Processing Alternatives. 501. Evaluate aerobic digestion, at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 200 indicate that the Noland WWTP could treat reasonable flow without primary treatment. Evaluation will include developing conceptual design criteria and digested sludge quantities. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 4 • • 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 502. -Evaluate anaerobic digestion, at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 201 indicate that the Noland WWTP could treat reasonable flow without primary treatment. Evaluation will include developing conceptual design criteria and digested sludge quantities. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 503. Evaluate impacts of dewatering at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 201 indicate that the Noland WWTP could treat reasonable flow without primary treatment. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 504. Attend progress meeting to review and discuss results of the evaluations. 505. Prepare report chapters for Task 600. City of Fayetteville Agree. slw#6/asrcbruary 29, 2000 90104.9402 5 • • • Task 600 — Evaluate Solids Handling and Disposal Alternatives 601. Visit the Noland Plant to observe the existing solids processing and handling unit operations and to evaluate land management practices in the region. The primary objective of the visit will be to obtain background information that may be relevant to the identification of alternatives for future biosolids management. Available operations, cost data, drawings, and reports will be collected at this time. 602. Review data and reports collected during the site visit to develop a full understanding of current operations and previous studies. 603. Utilize the estimates of raw solids quantities for the Westside plant developed by McGoodwin, Williams, and Yates, Inc. and those developed in Task 401. 604. Contact appropriate state regulators to discuss the direction of future biosolids and land management regulations. Attending one meeting with the regulators is included in this task. A review of federal regulations that could affect future biosolids management at the Noland plant will also be conducted. 605. Prepare for and conduct a screening workshop with "OWNER'S" representatives. Objectives of the workshop are to: 1) Review current biosolids processing and handling practices, previous Facility Plan conclusions and recommendations, and City objectives for processing and disposal of biosolids. 2) It is anticipated that the primary outlets for the City's biosolids will consist of land application of a Class B biosolid product, distribution of a heat dried product, and distribution of a composted product. During the workshop, technologies to achieve Class B, as well as the various drying and composting technologies, will be discussed. The technologies of most interest to the City will be identified for further evaluation. 3) Formulate no more than four system alternatives for detailed evaluation. Each alternative will address: 1) processing and handling of only Noland plant solids, and 2) processing and handling of both Noland and Westside plant solids at the Noland plant. A separate evaluation of solids management for only the Westside plant solids will be conducted by McGoodwin, Williams, and Yates, Inc. 4) Establish non -cost factors to be used in the evaluation of alternatives. 606. Utilize the services of a specialty subcontractor to assess the opportunities and obstacles for the distribution of biosolids-derived products. The subcontractor and subcontract developed in connection with this task shall be subject to the approval of the "OWNER". Any such subcontract shall become a part of this Agreement. The assessment will include up to 4 types of biosolids products. It is anticipated these will include three types of Class A products and a Class B stabilized biosolid product suitable for land application. The area to be included in the assessment will vary based on the economical haul distance for the type of product produced. The assessment will include a combination of telephone and in-person interviews with 6 City of Fayetteville Agree. slw#G/asFebruary 29, 2000 90104.9402 prospective product users and others with knowledge of the local agricultural community and practices. Projected revenue for each type of product considered in the assessment will be provided. A brief written report will be prepared, summarizing the findings and conclusions from the assessment. 607. Perform an evaluation of the system alternatives based on both cost and non -cost considerations. Cost considerations will include present worth values (or 20 year life -cycle costs) for each alternative. Order -of -magnitude opinions of construction and operations and maintenance costs will be prepared for each alternative. The non -cost factors used in the evaluation will be developed jointly by the "OWNER" and "ENGINEER" in Task 605. 608. Meet with City representatives to discuss preliminary conclusions from the technical evaluation and market/outlets assessment and develop a consensus on the approach to be used for future biosolids management. 609. Accompany "OWNER'S" representatives to visit 2 installations using different technologies. The site visits will be used to help confirm technology selection and to identify key considerations for facility design and operation. Costs will be dependent on sites to be visited. The ENGINEER's budget includes the ENGINEER's travel cost and time for these site visits. 610. Prepare a draft Project Development Report summarizing the project development activity and submit 10 copies to the "OWNER" for review and comment. The basis of the report will be the guidance received from the "OWNER" at the Results Workshop and information from any site visits. Included in the report will be an implementation plan for the preferred biosolids management option including a refined opinion of costs for budgeting purposes. Incorporate changes, if needed, based on the review comments and submit 10 copies of a final Project Development Report. 611. Prepare for and attend one public information meeting if required by "OWNER". Task 700 — Conduct Facilities Assessment 701. Conduct a project initiation meeting to clarify "OWNER"'s requirements for the Project, review pertinent available data, review project staffing and organization, present initial work plan, and present initial work schedule. A Data Request Letter and a Basis for Assessment Letter will be transmitted to "OWNER" prior to this initiation meeting. 702. Evaluate results of the initial meeting, review status of data received, and submit a written request for additional data required for the Project. 7 City of Fayetteville Agree. slw#6/asFebmary 29, 2000 90104.9402 t • 703. Review Existing Facilities Data 1) Review existing drawings, specifications, and other information obtained from "OWNER". 2) Prepare a preliminary inventory of structures, instrumentation and control equipment, and all process equipment including major valves (6" and greater) with actuators and gates, electrical panels, chemical feed equipment, motor control centers, switchgear, and major HVAC equipment. 3) Submit the preliminary inventory to "OWNER" for review and comment. 4) Revise the preliminary inventory based upon "OWNER'S" comments. 704. Investigate Existing Facilities 1) Conduct a site visit of the wastewater treatment plant. This site visit will be a conducted by a multi -disciplined team to verify the preliminary inventory, to visually assess the physical condition of the structures, the electrical and mechanical equipment, the instrumentation equipment, and to discuss the facility with the plant maintenance personnel. This information will be used to determine the recommended rehabilitation and the remaining useful life of the structures and equipment. 2) Modify and expand the Inventory List based upon data gathered during the site visit. The equipment listing will indicate the equipment tag number, location, and year installed. The structure evaluation would indicate the year constructed, current physical defects, and possible current code deficiencies based on the codes in effect at the time of construction and the present codes X including ADA compliance at the operation's building. The listing would also include comments from the operations and maintenance staff detailing the reliability of the equipment. 3) Submit the Inventory List to "OWNER" for review and comment. 4) Revise the Inventory List based upon "OWNER'S" comments. 705. Prepare Report 1) Expand the Inventory List to identify equipment replacement/rehabilitation recommendations and structure rehabilitation and upgrade recommendations. A cost opinion for the equipment recommended for replacement and structure rehabilitation and upgrades will be provided. No effort will be made to prioritize the recommended work. 2) Prepare a report summarizing the efforts in developing the Inventory List and the results of the structure investigation. Include the Inventory List as an appendix to the report. 3) Submit 10 copies of the draft report to the "OWNER" for review and comment. 4) Meet with "OWNER" to discuss comments and revise report and submit 10 copies of the final report to the "OWNER". City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 8 • • Task 800 — Preliminary Design Report The work as described in Tasks 100 through 700 will be consolidated into a single Preliminary Design Report which will contain all recommendations and cost estimates. Ten (10) copies of the final Preliminary Design Report shall be delivered to the "OWNER" as a final work product. Item C - PROJECT DESIGN The "ENGINEER" shall be prepared to design the improvements which are authorized by the "OWNER" following completion of Section IV, Item B — PROJECT INVESTIGATIONS. The project will be designed and constructed to meet water and sewer standards in accordance with the "OWNER'S" Water and Sewer, and other related Standards. Construction specifications shall be based on latest special provisions and City of Fayetteville Specifications relating to the design of this project. The design concept with regard to water and sewer relocations, geometric, detours, right-of-way, utility easements, and other related items shall be submitted by the "ENGINEER" (in the form of a Preliminary Engineering Assessment) and approved by the "OWNER" prior to beginning design work. The "ENGINEER" shall provide all field survey data from field work for designing the project and this shall be tied to the "OWNER'S" GPS control network. The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating geotechnical or any other form of data necessary for the design of this project. The "ENGINEER" shall furnish plans to all utility companies affected by the project and if necessary, shall conduct a coordination meeting among all affected utility companies to enable them to coordinate efforts for the necessary utility relocations. This coordination meeting will take place at the City Engineer's office. During the final "design" phase of the project, the "ENGINEER" shall conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, cost estimates, make final field inspection with "OWNER", make any needed plan changes as a result of the final field inspection and all other work required to advertise and receive bids. "ENGINEER" shall have no liability for defects in the Services attributable to "ENGINEER'S" reliance upon or use of information, data, design criteria, drawings, specifications, or other information furnished by "OWNER" or third parties retained by "OWNER"." City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 9 • • • • SECTION V — COORDINATION WITH "OWNER" The "ENGINEER" shall hold conferences throughout the investigation and design of the Project with representatives of the "OWNER" to the end that the investigation and design, as perfected, shall have full benefit of the "OWNER'S" knowledge and be consistent with the current policies and construction practices of the "OWNER". The "OWNER" reserves the right to accept or reject any or all investigation plans, but this stipulation will not relieve the "ENGINEER ' of responsibility for the design of the Project. SECTION VI — OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the "OWNER'S" City Engineer's office. SECTION VII — CONCEPT AND PRELIMINARY SUBMISSION The "ENGINEER" shall submit ten (10) copies of each independent investigation for review and comment. The "ENGINEER" shall submit two (2) sets of design concept plans, two (2) sets of preliminary plans and three (3) sets of the final plans for field inspections. SECTION VIII — FINAL SUBMISSION The final submission of Item B services shall consist of ten (10) copies of the Preliminary Design Report. The final design submission for the construction contract shall consist of the following: A. One (1.) copy of design calculations. "OWNER" agrees to purchase approximate software if required to evaluate `ENGINEER'S" calculations. B. Three sets of final plans, contract documents, and specifications. C. The originals of all drawings, specifications, and contract documents. All design drawings on magnetic media shall be submitted on disks compatible with AutoCAD Release 12 software. D. The estimated cost of construction and a detailed estimate of time in calendar days required for completion of the contract. City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 10 • • SECTION IX — ENGINEER RESPONSIBILITY DURING `BIDDING" AND "CONSTRUCTION" PHASES During the "Bidding" phase of the project, the "ENGINEER"shall provide all engineering and administrative services needed to obtain bids for the construction project, evaluate the bids, and consult with and advise the "OWNER" as to the acceptability of the best bidder. During the "Construction" phase of work, the "ENGINEER" shall provide administrative and engineering services including resident construction observation services to determine whether the Contractor has met the requirements of the design plans and specifications. The "ENGINEER" shall review the Contractors progress payment requests based on the actual quantities of contract items completed and accepted, and shall make a recommendation to the "OWNER" regarding payment. SECTION X — SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER", "except that it may be subcontracted without such approval to a related entity, an affiliate or wholly owned subsidiary of "ENGINEER." SECTION XI — TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete "Items A&B" services within 200 calendar days. The above completion time is predicated upon the fact that the "OWNER" will cause to be processed approvals of interim work in an expeditious manner 15 days per submittal. SECTION XII — FEES AND PAYMENTS A. "Items A & B" Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the Project, plus payroll additives and general overhead costs at 157 % of direct labor costs, plus direct reimbursable expenses, plus a fixed fee which are payable as follows: City of Fayetteville Agree. slw#6/asrebruary 29, 2000 90104.9402 11 I. "Salary, payroll additive and general overhead costs shall not exceed: $262,838 2. Fixed fee 3. Reimbursable expenses shall not exceed 4. Total costs of services shall not exceed $ 39,426 $ 57,456 $359,720 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. "The breakdown of costs between the various work tasks are given in Appendix "A" as a convenience and is not intended to set a maximum cost for any of the work tasks. Costs may be transferred from one work task to another so long as the maximum cost as given above is not exceeded." Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish and the "OWNER" 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 the "OWNER" 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. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "ENGINEER". "Invoices shall be submitted to the City for on a monthly basis. The City will make every effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed." Final payment for "Items A&B" services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of services. B. "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of % of direct labor costs, plus reimbursable expenses, plus a fixed fee which are payable as follows: 1. "Design" phase services, "surveying services" and preparation of the Ownership Map/Utility Easements Plan Costs not to exceed: To be negotiated Fixed fee for "Design" services: To be negotiated City of Fayetteville Agree. slw#6/asFcbruary 29, 2000 90104.9402 12 • • 3. Engineering contract amount for "Design" phase Services not to exceed: To be negotiated The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish the "OWNER" 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 the "OWNER" 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. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "ENGINEER". Final payment for Design services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. C. "Bidding" Phase Services: For "Bidding" phase services rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of % of direct labor costs, plus direct reimbursable expenses, plus a fixed fee which are as follows: 1. "Bidding" phase services costs not to exceed: To be negotiated 2. Fixed fee for "Bidding" services: To be negotiated 3. Engineering contract amount for "Bidding" phase services not to exceed: To be negotiated Final payment for "Bidding" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Bidding" phase of the project. D. "Construction" Phase Services: For "Construction" phase services rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of _% of direct labor costs (plus direct reimbursable expenses associated with the City of Fayetteville Agree. slw#6/asFcbruary 29, 2000 90104.9402 13 • project), plus a fixed fee which are as follows: 1) "Construction" phase services costs not to exceed: To be negotiated 2) Fixed fee for "Construction" phase services: To be negotiated 3) Engineering contract amount for "Construction" Phase services not to exceed: To be negotiated (Based upon an assumed construction period not to exceed days.) The basis for this estimate is Appendix . The The "ENGINEER" shall invoice the "OWNER" monthly for construction phase services, and the final payment for "Construction" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Construction" phase of the project. E. "Geotechnical Investigation" Services: For geotechnical investigation services associated with design, the "OWNER" shall pay the "ENGINEER" on the basis of hourly rates and unit prices set forth in Appendix a fee, not to exceed $ . The basis of this upper limit and justification for the fee is contained in Appendix attached hereto. F. "Special" Services: "Special" Services are described in APPENDIX "C". SECTION XIII — CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. ti„;I4.f- ,&e 3l�o Changes, �modifications or amendments in scope, price or fees to this contract shall not be allowed w S itra formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, price of fees. Any claim by the "ENGINEER" for adjustment under this clause must be asserted with thirty (30) days from the date of receipt by the "ENGINEER" of the notification of City of Fayetteville Agree. slw#6/asFebruary 29,2000 90104.9402 14 • change; provided, however, that the "OWNER" if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the contract as changed. SECTION XIV — OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of the "OWNER". The "ENGINEER" may retain reproduced copies of drawings and copies of other documents. "Engineering documents, drawings, and specifications prepared by "ENGINEER" as part of the Services shall become the property of "OWNER" when "ENGINEER" has been compensated for all Services rendered, provided, however, that "ENGINEER" shall have the unrestricted right to their use. "ENGINEER" shall, however, retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of "ENGINEER". "Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. "ENGINEER" makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern." SECTION XV — POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement — Should the "OWNER", for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER", who will immediately suspend work. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B. Cancellation — Should the "OWNER", for any reason whatsoever, decide to cancel or terminate the use of the "ENGINEER'S" service, the "OWNER" will give written notice thereof to the "ENGINEER", who will immediately terminate the City of Fayetteville Agree. slw#6/asFebmary 29, 2000 90104.9402 15 • • work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. The "ENGINEER" shall turn over all data, charts, survey notes, figures, drawings, and other records or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed and for reasonable termination expenses. SECTION XVII — MISCELLANEOUS PROVISIONS 1. Dispute resolution — Any dispute concerning a question of fact in connection with the work and having a financial value of $10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 shall be subject to mediation in accordance with the Construction Industries Mediation Rules of the American Arbitration Association. 2. Responsibility for Claims and Liability — The "ENGINEER" shall save harmless the "OWNER" from all claim and liability due to its (the "ENGINEER'S") negligent activities, or those subcontractors, its agents, or its employees during the time this contract is in force. In the event such liability, claims, actions, causes of action or demands are caused by the joint or concurrent negligence of more than one party, such liability shall be borne by each party in proportion to their own fault. 3. General Compliance with Laws — The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "ENGINEER" shall be a professional "ENGINEER", licensed in the State of Arkansas. 4. "ENGINEER" Endorsement — The "ENGINEER" shall endorse and recommend all plans, specifications, estimates and engineering data finished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS INCLUDED IN THIS AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. 5. Opinions of Cost and Schedule - Since "ENGINEER" has no control over the cost of labor, materials, or equipment furnished by others, or over the City of Fayetteville Agree. slw46lastrebruary 29, 2000 90104.9402 16 • resources provided by others to meet Project schedules, "ENGINEER'S" opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional "ENGINEER". "ENGINEER" does not guarantee that proposals, bids, or actual Project costs will not vary from "ENGINEER's"cost estimates or that actual schedules will not vary from "ENGINEER's projected schedules. 6. Waiver of Subrogation - The parties waive any and all rights against each other, including their rights of subrogation, for damages covered by property insurance during and after the completion of the services. If the services extend to the construction phase of this Project, a similar provision shall be included in all construction contracts, subcontracts and supply agreements entered into by the "OWNER" and shall protect the "OWNER" and "ENGINEER" to the same extent. 7. No Consequential Damages - To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, consequential, punitive or exemplary damages resulting from the performance or non- performance of this Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability of the party so released or whose liability is so limited and shall extend to the officers, directors, employees, licensors, agents, subcontractors, vendors and related entities of such party. SECTION XVIII — SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other except that it may be assigned without such consent to the successor of either party, or to a related entity, an affiliate or wholly owned subsidiary of either party. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XIX — COVENANT AGAINST CONTINGENT FEES The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER", to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the "ENGINEER", any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract City of Fayetteville Agree. slw#6/asFebruary 29,2000 90104.9402 17 • For breach or violation of this warranty, the "OWNER" shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. CITY OF FAYETTEVILLE ENGINEER By: ATTEST: City Cler Mayor City of Fayetteville Agree. slw#6/asFcbruary 29, 2000 90104.9402 %SA 18 Black & Veatch Corporation Name of the Firm By Aut�Representat S APPENDIX A - ENGINEERING COST BASIS CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Fayetteville, Arkansas ENGINEERING FEE PREPARED BY: Black and Veatch Corporation DATE: March 1, 2000 PROJECT NUMBER: 90104:9402 ITEM A AND B SERVICES (See attached work sheets) TASK DESCRIPTIONS 100 Develop Wastewater Characteristics 200 Evaluate Noland Plant Capacity 300 Evaluate Nitrification Inhibition 400 Estimate Sludge Quantities 500 Evaluate Sludge Processing Alternatives Estimate Cost for salary, payroll additive and general overhead $61675 600 Evaluate Solids Handling and Disposal Alternatives Estimate Cost for salary, payroll additive and general overhead $78868 , 700 Facilities Assessment Estimate Cost for salary, payroll additive and general overhead $75716 800 Preliminary Design Report Estimate Cost for salary, payroll additive and general overhead $3968 Administration, Meeting, and Coordination Estimate Cost for salary, payroll additive and general overhead $42,611 Total Estimated Cost for salary, payroll additive and general overhead $262,838 Fixed Fee 39,426 Reimbursable Expenses 57,456 Total Not to Exceed Billings for Items A & B $359,720 Fayetteville, Arkansas 0 ENGINEERMG FEE ESTIMATE OWNER: City of Fryelnii, ArInsss ENGINEER: BIck& Vetch Corporation DATE: March 1.2000 PROJECT NUMBER: 801049402 PROJECT DESCRIPTION: Paul NolaS WWTP Imprownmms MFTINOS. AND .®ofd .- . IThflflfl.l I. _U • REIMBURSABLE EXPENSES UNI $Pm Unit Ouanlll Cost $ Ganaml En a laborhI 750 512 $3040 Cm dm ft__ Ptm!oC Pmcd Post L Got PWne Cab Pmd Inhmoet udrat ies. Plot b. etc Smm Tmvd Eernes Car Renml _II t _ wodayspar ttl dsy 75 20 $2.100 Meatt2W I rson.5meob tltl en 0 50 $460 Menlo hi .2 le._0meala perti ee 0 20 51EO LW i 12Oi 1 mn nI�M 05 12 $7N Lodoinc h sx e m 05 4 $260 Total RNm%rsbM Efl,flSOs $7920 SUMMARY Tdnl Say to waheoh $42.611 Tdnl flehnWtaeda Ex $7020 Sul In $0 Su[mmdo tlmdot matbl @5% TO SU5% $50231 Fixed Fee @15% W Tidal Sninry plu, overheads $0.082 TOTAL COST ESTIMATE for PROJECT AOMINISTRATMN, MEETINGS, A COORDINATION $58,522 FayeOeSM, AAV 3/1AO9;35 AM ENGINEERING FEE ESTIMATE • OWNER: City of Fayetteville, Arkansas ENGINEER: Black A Veatch Corporation DATE: March 1, 2000 PROJECT NUMBER: 90104.9402 PROJECT DESCRIPTION: Paul Noland W WTP ImprovemrMs PROJECT INVESTIGATIONS TASKS 100, 200, 300, 400 and 500 LABOR COSTS PROCESS GROUP Tills Director Sr. Process Lead Staff Tech Vice Pre Specialists Process Process Work Code Et1gf Engr Category 1630 0809 0805 0802 0406 Total Hrs JoMeon Bernard CI W -L Task 100. Develop Wastewater Characteristics 101 ScopIr Meeting and collect data 12 12 102 Analyze historical data 60 4 16 40 103 Determine bMcstdal Characteristics and loads 32 16 16 104 Determne university characteristics and bads 16 4 12 105 Determine Noland Plant wastewater characteristics 18 2 8 8 106 Determine Weslske wastewater charaderisOcs by MW 0 107 Prepare Technical Memorandum 0 10B Discuss Findings at Progress Mealin 12 12 109 Prepare for and attend one pubk information meeting 20 16 4 Task 200 • Evaluate Noland Plant C atl 201 Develop Capacity matrix based on ww Mar 52 4 16 32 202 Prepare Technical Memorandum 38 8 24 6 203 Discuss Findings at Prowess Meeting t2 12 204 Pre re for and Attend Public Information Muting 12 12 Task 300. Evaluate NNHlcatlort Inhibition 301 Review historical data 40 16 24 302 Discuss nitrification inhibition with OMI 24 B 16 303 Determine bidusUy operation patterns 40 40 301 Identity univnty tundions v let Influence beds 12 12 305 Modeling 48 B 40 306 Prepare Technical Memorandum 54 4 4 40 6 307 Discuss Findings at Progress Meeting 12 12 308 Nlldlicatlon Inhibition pie" of action 20 4 16 Task 400- Estimate Sludge Quantities 401 Determine sludge quantities for Noland 12 4 B 0 Task 500- Evaluate Sure Processing Alternatives 0 501 Evaluate aerobic digestion 36 12 24 502 Evaluate anaerodc digestion 36 12 24 503 Evahmte heat dryindewatering36 12 24 504 Prepare re pa Ch ers for Task 600 44 4 16 16 8 505 Discuss Ardr,gs at Progress Meeting 12 12 Total b Row hts 710 Total Col. hrs 710 54 4 400 232 20 Salary Rate $fob 2000 0 $67 $67 $35 $25 $15 Tole) Salary Cost by Labor Category $3629 $269 $14,000 $5800 $300 Total Salary $23998 Total Salary us overheads @1.57 $61,615 REIMBURSABLE EXPENSES Unit $ per Quanlliry Cost Unit General EteRses Per labor hr $7.50 710 $5325 Computer Autographic Photo Co Postage Long Distance Phone Calls Parcel Post In House Reproduction Supplies, Phot hs, ete Scanr Travel Expenses 6 meetings) plus 1 public Information meet) Car Rental 3 separate trips pius m @ 2 days each) de $75 8 $600 Travel Meals ea $B 40 $320 Lodgbq T night $65 7 $455 Total Reimbursable Expenses $6700 SUMMARY Total Salary overheads $61,675 Tot Reimbursable Expenses $6,700 Subcontractors SO Subcontractor markup @5% SO Subtotal 560,375 Fixed Fee@ 15% of Tot Salary plus overheads $9,251 ESTIMATED COST for TASKS 100, 200, 300, 400 & 500 $77,627 Fayettevie, AMansas I 3/1/009:35 AM • ENGINEERING FEE ESTIMATE 0 6 OWNER : City of Favettevllle, Arkansas ENGINEER: Black & Veatch Corporation DATE: March 1, 2000 PROJECT NUMBER: 90104.9402 PROJECT DESCRIPTION: Paul Noland WWTP Improvements PROJECT INVESTIGATIONS TASK 600 -EVALUATE SOLIDS HANDLING AND DISPOSAL ALTERNATIVES LABOR COSTS • Title Work Code Category Total hrs • RESIDUALS GROUP Director 0805 PM 0806 OC 0806 Residuals Prof Engr 0805 Sr. Process Engr 0805 Process Engr 0803 Environ Scientist 0507 Stair Engr 0803 Tech 0304 Off Sery 0208 Coordination Meetings (2 Meetings) - 32 32 Prepare for and attend 1 public Information meeting In Fayetteville 16 16 601 Site Visit and Review of In -plant Solids Handling 32 0 0 16 16 0 0 0 602 Evaluation of Data and Re its 56 0 0 24 32 0 0 0 603 Establish Future Solids Quantities 8 0 0 8 0 0 0 0 604 RegulatoryEvaluation 104 8 0 40 48 8 0 0 0 605 Screening Workshop 152 16 16 40 40 16 0 24 0 606 Markets/Outlets Assessment 16 0 0 16 0 0 0 0 607 Alternatives Evaluation 204 4 0 0 40 8 80 32 40 0 0 608 Results Worksh 64 16 0 16 8 8 16 0 0 0 609 Sne Vlslts 44 0 0 0 40 0 0 4 610 Project Development Re on 196 4 16 16 32 56 8 0 32 32 611 Prepare for and Attend Public Information Meeting 12 12 Total b Row. hrs 924 Total b Col.hrs 936 8 56 32 292 16 320 80 40 56 36 Salacy Rate $/hr 2000 $55 $40 $55 $35 $35 $30 $40 $28 $18 $15 Total Sala Costb Labor Cat o $440 $2,240 $1,760 $10,220 $560 $9,600 $3,200 $1,120 $1,008 $540 S$30Total Total Salary Sala us overheads @ 1.57 REIMBURSABLE EXPENSES Unit $ per Unit Ouantl Cost $ General Expenses r labor hr $7.50 936 $7,020 Computer Autographics hits Photo Copies Parcel Post Long Dist Phone Cats Postage In house reproduction Supplies, photograpls Scanning Travel Expenses (4 client meetln s, 2 coordination meetings) Car Rental 6 trips @ 2 days each) per day 575 12 $900 Meals (6 trips @ 2 days each) ea $8 36 $288 Airfare and Other Expense for Meeting with R ulators ea $700 1 $700 Airfare and Other Expense for Meeting with Unity ea $700 1 $700 Airfare and Other Expenses for Site Visits (2 trips) - ea $1,150 2 $2,300 Total Reimbursable expenses $11,908 SUMMARY Total Salary us overheads $78,868 Total Reimbursable Expenses $11,908 Subcontractors $20,000 Subcontractor marku @ 5% $1,000 Subtotal $111,776 Fixed Fee @ 15% of Total Salary lus overheads $11,630 ESTIMATED COST for TASK 600 $123,606 Fayetteville, Arkansas 1 3/1/00+9:35 AM m T w m w cc 0 0 C n m 8 n o ? w C "m 3m a m o E o c N N N a w y pN y O ry O o T m flu A d_de NN d 0 C N pm N N ? Gw -•01 ON i a W fOH tal V m O 41 m o m w m rt d C m m n x w r r m m y� c o ry o m a N N N m -- w m m - m n O m u � 9• S n 4 9 6 E N. n X a m g-- u ' n m r$ n n N i m = N x n N l£ S y w R d o ? 2 U J d E 3 3 N m n @ n a 0 D 9 T N - N N N m U w p a C N w V - a O D U w m m w N fJ 0 000u,0 m -- y y 111 9 00 D O V m on D< -n mn wy DO ya ENGINEERING FEE ESTIMATE OWNER: CITY of Feyo11MIM. Arkansas ENGINEER: Sink IVelth Caporellm DATE: MsrtK 1, 2X0 PROJECT NUMBER: MIIb.W02 PROJECT PESCRIPIION: PeN NoleS WWTP Inrpwwrrronle PROJECT INVESTIGATOR TASK e - PRELIMINARY DESIGN REPORT U flC�CC�CC CC����C�CC UCo����C�C :C�CC���CC REIMBURSABLE EXPENSES Urh $Pn W WaMAy Cost $ General E,re.s bWrIt $130 72 SSW Nf ra b Flglo Po al_p la LIPS__ Ceb Inhoo t roEWbn SwIet 4M Trevd Car RMMM 1T a 15 2 $150 Mwb I I I erKn5 m tb l w 8 5 $40 I ___IeI50fll n' 01 65 1 S85 TCal RSrbjr tYe E,�ees Si85 SURMAMY Tgel $o4 ewnNwM 538(_ To ReM4nwEb $]05 rka[rKfors $0 S.jbcoMrnclor r cup @ 5% So SMder £4 ,763 FhK Fro@1CAeToIlSs Uethda $5S5 ESTIMATED COST tor PRELIMINARY DESIGN REPORT SS.Ae FayelleWM. AA yIr�0.3sn 9 0 APPENDIX B PERSONNEL CLASSIFICATION AND SALARY RANGE City of Fayetteville Agreement for Engineering Services OWNER: City of Fayetteville PREPARED BY: Black & Veatch Corporation DATE: February 29, 2000 PROJECT NUMBER: 90104.9402 Classifications Salary Range Classifications Salary Range General Services 01 Offices Services 02 Level Min. Max. Level Min. Max. 01 $6.29 $11.00 01 $6.63 $10.75 02 $8.31 $13.00 02 $7.65 $11.50 03 $9.58 $15.00 03 $8.15 $12.25 04 $11.02 $17.00 04 $9.25 $14.50 05 $12.46 $19.00 05 $9.75 $15.00 06 $14.37 $23.00 06 $10.50 $17.00 07 $15.92 $26.00 07 $11.50 $19.00 08 $17.88 $29.00 08 $12.50 $22.00 Graphics 03 Technical Support 04 Level Min. Max. Level Min. Max. 01 $6.75 $12.00 01 $7.50 $12.00 02 $8.19 $14.00 02 $8.77 $14.00 03 $9.63 $17.00 03 $10.04 $17.00 04 $11.13 $20.00 04 $11.65 $20.00 05 $13.04 $24.00 05 $13.44 $24.00 06 $15.69 $29.00 06 $15.63 $27.00 07 $18.81 $37.00 07 $18.17 $32.00 08 $21.69 $45.00 08 $21.46 $39.00 09 $18.35 $45.00 09 $24.52 $48.00 B-1 of 2 Appendix B slw6/aspebruary 29, 2000 90104.9402 PERSONPL CLASSIFICATION AND SALARRRANGE (CONT.) Specialized Staff 05 Architecture 07 Level Min. Max. Level Min. Max. 01 $12.00 $20.00 01 $12.12 $19.00 02 $14.13 $23.00 02 $13.67 $22.00 03 $16.38 $28.00 03 $15.52 $26.00 04 $18.92 $33.00 04 $17.83 $30.00 05 $21.87 $39.00 05 $20.19 $34.00 06 $25.27 $47.00 06 $22.85 $40.00 07 $29.19 $55.00 07 $25.85 $47.00 08 $33.69 $66.00 08 $29.25 $54.00 09 $29.48 $66.00 09 $26.19 $54.00 Engineering 08 Administrative Business 09 Level Min. Max. 01 $15.92 $25.00 Level Min. Max. 02 $17.65 $29.00 01 $10.21 $17.00 03 $19.50 $33.00 02 $12.12 $20.00 04 $22.04 $39.00 03 $14.60 $24.00 05 $24.92 $45.00 04 $17.19 $29.00 06 $28.21 $50.00 05 $20.65 $35.00 07 $32.48 $55.00 06 $24.92 $43.00 08 $36.12 $70.00 07 $30.00 $54.00 09 _ $32.94 $70.00 08 $36.92 $68.00 09 $45.35 $86.00 10 $55.00 $100.00 Construction Management 10 Information Science 11 Level Min. Max. Level Min. Max. 01 $12.63 $20.00 01 $13.50 $22.00 02 $14.54 $22.00 02 $15.90 $25.00 03 $16.73 $28.00 03 $17.85 $28.00 04 $19.21 $33.00 04 $19.75 $32.00 05 $21.98 $38.00 05 $22.15 $36.00 06 $24.75 $46.00 06 $23.85 $41.00 07 $28.50 $53.00 07 $27.15 $47.00 08 $32.02 $61.00 08 $31.20 $54.00 09 $36.46 $69.00 10 $41.02 $78.00 Information Technology 12 Level Min. Max. Executive Officer 16 01 $9.25 $14.00 Level Min. Max. 02 $10.25 $16.00 01 $46.00 $70.00 03 $11.25 $18.00 02 $56.00 $84.00 04 $13.25 $21.00 03 $70.00 $104.00 05 $14.75 $26.00 04 $83.00 $124.00 06 $18.25 $29.00 05 $102.00 $153.00 07 $22.15 $35.00 06 $206.00 $309.00 B-2 of 2 Appendix D slw6/asFcbruary 29.2000 90104.9402 • APPENDIX C SPECIAL SERVICES City of Fayetteville Agreement for Engineering Services OWNER: City of Fayetteville PREPARED BY: Black & Veatch Corporation DATE: February 29, 2000 PROJECT NUMBER: 90104.9402 Any Work requested by "OWNER" that is not included in one of the items listed in any other phase will be classified as "Special" services. Special services shall include, but are not limited to: Additional meetings with local, State or Federal agencies to discuss the Project. 2. Additional appearances at public hearings or before special boards. Additional engineering Work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this Agreement. 4. Special consultants or independent professional associates requested or authorized by "OWNER". Assistance with bid protests and rebidding. 6. Preparation for litigation, arbitration, or other legal or administrative proceedings; and appearances in court or at arbitration sessions in connection with bid protests, change orders, or construction incidents. 7. Additions to an engineering report to update or revise original recommendations. 8. Revisions of design, drawings, and specifications arising from Value Engineering review which cause changes in the general scope, extent or character of the project, including but not limited to changes in size, complexity, "OWNER'S" schedule, character of construction, or method of financing. C-1 Appcndix C slw6/asrebruary 29, 1999 90104.9402 9. Value Engineering reviews and services. 10. Provision, through a subcontract, of land and property surveys and property descriptions, including legal property description, as required by the project. 11. Provisions, through a subcontract, of the services of a land surveyor to set horizontal and vertical controls at the site and locate existing street, road highway, utility rights -of -way and critical property corners at the site and to provide additional records on rights -of -way and property information as required. 12. Provision, through a subcontract, of the services of a title company to prepare title reports on each parcel of property on which easements or rights -of -way are required or which is to be purchased. 13. Provision, through a subcontract, of the service of a land surveyor to prepare legal descriptions for the "OWNER'S" use in acquiring required property rights -of -way and easements. 14. Provisions, through a subcontract, of a qualified appraiser to appraise the property rights -of -way and easements to be acquired, and to meet and negotiate with the property "OWNER'S" involved. 15. Engineering assistance to "OWNER" in negotiation meetings and condemnation proceedings. 16. Provision, through a subcontract, of the necessary surveying to re-establish streets to preconstruction grade, and referencing and re-establishing land surveying monuments. In easement or right-of-way areas, marking the easement of right-of-way limits. 17. Provision, through a subcontract, of aerial photography as requested or approved by "OWNER". 18. Provision, through a subcontract, of photographs or videotapes of the construction site topographic and infrastructure features along pipelines or access roads prior to starting during construction and following completion of construction. 19. Provision, through a subcontract(s), of preliminary geotechnical services and reports. 20. Provision, through a subcontract during the Design Phase, of initial geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance on tests to be made and an initial C-2 Appendix C slw6/asFebruary 29, 1999 90104.9402 geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing. Provision, through a subcontract, after design has proceeded to the required stage, of a final geotechnical report and additional field Work as required. An environmental assessment and/or environmental impact statement as requested by "OWNER" or required by review agencies. Provision, through a subcontract, of a cultural resources or archaeological study and report on the construction site. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. Provision, through a subcontract, of laboratory and field testing required during design, during construction, and of any special reports or studies on materials and equipment requested by "OWNER". Observing factory tests and/or field retesting of equipment that fails to pass the initial test. Conducting pilot plant studies and tests. Visits to the construction site or to "OWNER'S" location in excess of the number of such trips and the associated time set forth in other phases. Receiving wage rate information submitted by the Contractor and forward the information to "OWNER". Preparation of a master construction schedule from individual schedules submitted by construction contractors, and coordination and resolution of conflicts with contractors' schedules. Assistance in financially related transactions for the project. Special reports requested by "OWNER" concerning facilities operation and personnel matters during the operation startup period. Submittal, at the end of one year of operation of the facilities, of a report to "OWNER" either certifying that the plant complies with its NPDES permit or stating the reasons for noncompliance, including recommendations for placing the plant in compliance. Where field conditions differ from the conditions indicated in the construction contract documents or soil boring reports, preparing sketches of construction Appendix C slw6/asFebruary 29, 1999 90104.9402 i work for approval by "OWNER", 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. 35. Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor, and services after the award of each contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 36. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 37. 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) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 38. Services in connection with partial utilization of any part of the project by "OWNER" prior to Substantial Completion which requires the Resident Project Representative to work additional hours or requires employment of additional onsite personnel. 39. Evaluation of unusually complex or unreasonably numerous claims submitted by the Contractor or others in connection with the work. 40. Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor or others in connection with the work. 41. Changes in the general scope, extent, or character of the project, including, but not limited to: a. Changes in size or complexity. b. "OWNER'S" schedule, design, or character of construction. c. Method of financing. d. Revision of previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies, reports, documents, or designs; or are required by any other causes beyond "ENGINEER'S" control. C-4 Appendix C slw6/asFebruary 29, 1999 90104.9402 FAYETTEVR.LE DEPARTMENTAL CORRESPONDEN Fayetteville City Council :rom: Don Bunn, Assistant Public Works Direc Thru: Charles Venable, Public Works Director Contracts for Preliminary Engineering Services Fayetteville Wastewater Improvements Project RECEIVED CITY ATTORNEY'S OFFICE The following three (3) items totaling $1,706,554.00 are proposed contracts for engineering services related to the Fayetteville Wastewater Improvements Project. The proposed contracts are with (1) Black & Veatch for services relating to improvements to the Noland Wastewater Treatment Plant, $359,720.00, (2) Garver Engineers for services related to sewer collection system improvements within the White River Watershed, $391,532.00, an( (3) McGoodwin, Williams, and Yates for services relating to the new west side wastewater treatment facility, $955,302.00. The Council approved a contract with RJN for services in connection with the project in the amount of $638,267.00. All of the contracts authorize the development of a preliminary engineering report as a first phase of the engineering work and provide for future phases as the work progresses. Attached to this memorandum is an outline of the procedure that the Staff followed in selecting the above named consultants. The process began last May immediately following the approval by the Council for the purchase of land west of Fayetteville for the purpose of siting a new treatment facility. The Design Reports are due to be completed by November of this year. The Preliminary Design Reports will serve several purposes. The Reports will serve to update and revise the Facility Plan where needed to account for changes in conditions and costs since the Facility Plan was prepared (1995-1997). The basic conclusions of the Facility Plan will not change since those conclusions were based on comparative costs, however, the location and sizing of sewers and interceptors may change as well as the type of treatment considered, and the economics of various sludge alternatives. Also, enough detail will be generated by the studies to determine the size and location of new facilities and to establish reasonably accurate cost estimates of the work. The work program and cost estimates will be used to plan the financing of the improvements and will serve as a basis for the scope of work and cost of preparing the detailed plans and specifications. We are considering utilizing the State's Revolving Loan Fund as the major source of funds for this project. The loan fund is managed by the Arkansas Department of Environmental Quality and is backed by grants from the Environmental Protection Agency. They have indicated that a total of $60,000,000 would be available to Fayetteville over a two or three year construction period. The current lending rate is 3.75 percent. We have submitted materials to the State to determine the areas where we are already in compliance with their conditions and regulations, and how much additional work may be required to come into compliance. Areas that will be examined include our engineering selection process, form of engineering contracts, public involvement, sewer system evaluations as it relates to infiltration and inflow control, sewer rates, and accounting procedures. If we make the decision to participate in the program there will have to be amendments to these contracts to account for whatever extra effort that may be required to comply with ADEQ regulations. However, it is expected that the savings in interest costs over the life of the ADEQ loan will more than offset whatever additional costs that we incur because of our participation in the program. Fayetteville Wastewater Improvements Project Consultant Selection Procedure and Contract Negotiation Last May the City Council authorized the City Staff to purchase about 316.5 acres of land west of Fayetteville for the purpose of constructing a new wastewater treatment plant. As a result of that action by the Council, the City Staff began the process of hiring consultants in connection with our wastewater improvements project. In late May 1999 a Wastewater Engineering Selection Committee was formed. The Committee members were: Charles Venable, Public Works Director Don Bailey, Personnel Director Trent Trumbo, Council Member Jim Beavers, City Engineer Sid Norbash, Staff Engineer David Jurgens, W/S Maintenance Don Bunn, Assistant Public Works Director On June 13, 1999, advertisements appeared the Northwest Arkansas Times, the Morning News of Northwest Arkansas, and the Arkansas Democrat -Gazette requesting Statements Qualifications from consulting firms interested in providing wastewater engineering services to the City. An advertisement also appeared in the June 14 issue of the Engineering News - Record requesting Statements of Qualifications. Statements of Qualifications were received by the City on July 16, 1999. The Selection Committee met in late July and in early August to review the Qualification Statements and to decide which engineering firms should be asked to submit detailed proposals. After careful review, the Committee sent a Request for Proposals (due September 17, 1999) to eleven engineering firms. They were: Black and Veatch, Kansas City RJN, Dallas, Texas CDM, Dallas, Texas CH2M Hill, Tulsa, Okla. Garver Engineers, Fayetteville McClelland, Fayetteville McGoodwin, Fayetteville Carter -Burgess, Little Rock Burns and McDonnell, Kansas City Grafton and Tull, Rogers, Arkansas CTE, Tulsa, Okla. The Request for Proposals notified the engineering firms that it would be the intent of the City to award a maximum of four (4) engineering contracts. There would be one engineering contract awarded in connection with the work at the existing Noland Wastewater Treatment Facility, one engineering contract awarded in connection with the new treatment facility on the west side of Fayetteville, and two engineering contracts awarded for work in connection with the collection system. As a result of our Request for Proposals, the City received nine detailed proposals. CDM did not submit a detailed proposal and McClelland submitted in conjunction with RJN of Dallas. The Selection Committee met in late September and decided to interview all of the firms S submitting proposals. The interview dates were set for Wednesday, October 6 and Thursday, October 7. After the last interview on Thursday, October 7, the Committee met and made these selections: a) McGoodwin, Williams, and Yates of Fayetteville - Design services related to the new treatment plant on the west side of Fayetteville. b) Black and Veatch of Kansas City, Missouri - Design services related to the improvements at the existing Noland Treatment Plant on the east side. c) RJN and Associates of Dallas, Texas and McClelland Engineers of Fayetteville - Design services related to the sewage collection system. d) Garver Engineers of Fayetteville - Design services related to the sewage collection system. Over the past three (3) months the Staff has been working with the selected consultants, both individually and jointly, to development an appropriate scope of work and contract price for each of them. Generally, the form of the contract will be in accordance with the City's standard engineering contract. The contract will contain a detailed scope of work and detailed price for a Preliminary Design Report. The contract will contain a provision for the preparation of plans and specifications, bidding services, and observation/management services. A detailed scope of work and prices for those services will be negotiated after completion of the Preliminary Design Report. d. • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPON E February 29, 2000 To: Fayetteville City Council From: Don Bunn, Assistant Public Works Director Thru: Charles Venable, Public Works Director Mayor Fred Hanna Subject: Contracts for Preliminary Engineering Services Fayetteville Wastewater Improvements Project The following three (3) items totaling $1,706,554.00 are proposed contracts for engineering services related to the Fayetteville Wastewater Improvements Project. The proposed contracts are with (1) Black & Veatch for services relating to improvements to the Noland Wastewater Treatment Plant, $359,720.00, (2) Garver Engineers for services related to sewer collection system improvements within the White River Watershed, $391,532.00, and (3) McGoodwin, Williams, and Yates for services relating to the new west side wastewater treatment facility, $955,302.00. The Council approved a contract with RJN for services in connection with the project in the amount of $638,267.00. All of the contracts authorize the development of a preliminary engineering report as a first phase of the engineering work and provide for future phases as the work progresses. Attached to this memorandum is an outline of the procedure that the Staff followed in selecting the above named consultants. The process began last May immediately following the approval by the Council for the purchase of land west of Fayetteville for the purpose of siting a new treatment facility. The Design Reports are due to be completed by November of this year. The Preliminary Design Reports will serve several purposes. The Reports will serve to update and revise the Facility Plan where needed to account for changes in conditions and costs since the Facility Plan was prepared (1995-1997). The basic conclusions of the Facility Plan will not change since those conclusions were based on comparative costs, however, the location and sizing of sewers and interceptors may change as well as the type of treatment considered, and the economics of various sludge alternatives. Also, enough detail will be generated by the studies to determine the size and location of new facilities and to establish reasonably accurate cost estimates of the work. The work program and cast estimates will be used to plan the financing of the improvements and will serve as a basis for the scope of work and cost of preparing the detailed plans and specifications. We are considering utilizing the State's Revolving Loan Fund as the major source of funds for this project. The loan fund is managed by the Arkansas Department of Environmental Quality and is backed by grants from the Environmental Protection Agency. They have indicated that a total of $60,000,000 would be available to Fayetteville over a two or three year construction period. The current lending rate is 3.75 percent. We have submitted materials to the State to determine the areas where we are already in compliance with their conditions and regulations, and how much additional work may be required to come into compliance. Areas that will be examined include our engineering selection process, form of engineering contracts, public involvement, sewer system evaluations as it relates to infiltration and inflow control, sewer rates, and accounting procedures. If we make the decision to participate in the program there will have to be amendments to these contracts to account for whatever extra effort that may be required to comply with ADEQ regulations. However, it is expected that the savings in interest costs over the life of the ADEQ loan will more than offset whatever additional costs that we incur because of our participation in the program. Fayetteville Wastewater Improvements Project Consultant Selection Procedure and Contract Negotiation Last May the City Council authorized the City Staff to purchase about 316.5 acres of land west of Fayetteville for the purpose of constructing a new wastewater treatment plant. As a result of that action by the Council, the City Staff began the process of hiring consultants in connection with our wastewater improvements project. In late May 1999 a Wastewater Engineering Selection Committee was formed. The Committee members were: Charles Venable, Public Works Director Don Bailey, Personnel Director Trent Trumbo, Council Member Jim Beavers, City Engineer Sid Norbash, Staff Engineer David Jurgens, W/S Maintenance Don Bunn, Assistant Public Works Director On June 13, 1999, advertisements appeared the Northwest Arkansas Times, the Morning News of Northwest Arkansas, and the Arkansas Democrat -Gazette requesting Statements Qualifications from consulting firms interested in providing wastewater engineering services to the City. An advertisement also appeared in the June 14 issue of the Engineering News - Record requesting Statements of Qualifications. Statements of Qualifications were received by the City on July 16, 1999. The Selection Committee met in late July and in early August to review the Qualification Statements and to decide which engineering firms should be asked to submit detailed proposals. After careful review, the Committee sent a Request for Proposals (due September 17, 1999) to eleven engineering firms. They were: Black and Veatch, Kansas City RJN, Dallas, Texas CDM, Dallas, Texas CH2M Hill, Tulsa, Okla. Garver Engineers, Fayetteville McClelland, Fayetteville McGoodwin, Fayetteville Carter -Burgess, Little Rock Burns and McDonnell, Kansas City Grafton and Tull, Rogers, Arkansas CTE, Tulsa, Okla. The Request for Proposals notified the engineering firms that it would be the intent of the City to award a maximum of four (4) engineering contracts. There would be one engineering contract awarded in connection with the work at the existing Noland Wastewater Treatment Facility, one engineering contract awarded in connection with the new treatment facility on the west side of Fayetteville, and two engineering contracts awarded for work in connection with the collection system. As a result of our Request for Proposals, the City received nine detailed proposals. CDM did not submit a detailed proposal and McClelland submitted in conjunction with RJN of Dallas. The Selection Committee met in late September and decided to interview all of the firms submitting proposals. The interview dates were set for Wednesday, October 6 and Thursday, October 7. After the last interview on Thursday, October 7, the Committee met and made these selections: a) McGoodwin. Williams. and Yates of Fayetteville - Design services related to the new treatment plant on the west side of Fayetteville. b) Black and Veatch of Kansas City. Missouri - Design services related to the improvements at the existing Noland Treatment Plant on the east side. c) RJN and Associates of Dallas Texas and McClelland Engineers of Fayetteville - Design services related to the sewage collection system. d) Garver Engineers of Fayetteville - Design services related to the sewage collection system. Over the past three (3) months the Staff has been working with the selected consultants, both individually and jointly, to development an appropriate scope of work and contract price for each of them. Generally, the form of the contract will be in accordance with the City's standard engineering contract. The contract will contain a detailed scope of work and detailed price for a Preliminary Design Report. The contract will contain a provision for the preparation of plans and specifications, bidding services, and observation/management services. A detailed scope of work and prices for those services will be negotiated after completion of the Preliminary Design Report. AGENDA REQUEST FORM Council Meeting of March 21 ,2000 FROM Don Bunn Public Works Admin Public Works Name Division Department ACTION REQUIRED A resolution approving the contract with Black and Veatch for engineering services in connection with improvements at the Noland Wastewater Treatment Plant in the amount of $359,720.00. COST TO CITY $ 359,720.00 Cost of this Request 5400 5700 5314 00 Account Number 98047-10 Project Number BUDGET/CONTRACT REVIEW Budget Coordinator $ 1,926,111.00 Category/Project Budget 697.871.00 Funds Used to Date $ 1,228,240.00 Funds Remaining XX Budgeted Item Impvts to Noland Waste - Water Treatment Plant Category/Project Name Program Name Water and Sewer Fund Category Budget Adj. Attached Date Admin Services Director Date Accounting Manager Date City Attorney Date Purchasing Officer Date ADA Coordinator Internal Auditor Date Date STAFF RECOMMENDATION It is the recommendation of the Staff that the Council approve the contract with Black and Veatch for engineering services in connection with the Noland Wastewater Treatment Plant. ____2) 03-03-00 Asst Public Works Director Date Cross Reference Department Director Date New Item: Yes No Prev Ord/Res # _ Admin Services Director Date Orig. Contract # THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE February 29, 2000 To: Fayetteville City Council From: Don Bunn, Assistant Public Works Director Thru: Charles Venable, Public Works Director Mayor Fred Hanna Subject: Contract for Preliminary Engineering Services Noland Treatment Plant Improvements Black and Veatch, Kansas City, Mo. The City began the procedure of engineer selection in the late spring of 1999. The attachment to this memorandum outlines the selection process beginning in late May and ending in December of 1999. The Selection Committee made the following engineer selections: 1) McGoodwin, Williams, and Yates of Fayetteville - Design services related to the new treatment plant on the west side of Fayetteville. 2) Black and Veatch of Kansas City. Missouri - Design services related to the improvements at the existing Noland Treatment Plant on the east side. 3) RJN and Associates of Dallas, Texas and McClelland Engineers of Fayetteville - Design services related to the sewage collection system. 4) Garver Engineers of Fayetteville - Design services related to the sewage collection system. The Council, at its February 1 regular meeting, approved an engineering contract with RJN of Dallas, Texas for work associated with the development of design flows and sewer line and pump station improvements in the Illinois River Basin. The amount of the contract was a not to exceed figure of $638,267.00. Attached for your review and approval is an engineering contract with Black and Veatch of Kansas City, Missouri for services related to improvements at the existing Noland Sewage Treatment Plant. The proposed contract provides for three separate work elements, the Preliminary Design Report, the preparation of detailed plans and specifications, and observation/management services during construction. A cost and detailed scope of work is given for the preparation of the Preliminary Design Report only. The cost and detailed scope of work for the other two elements will be negotiated after completion of the Preliminary Design Report. Scope of Work: The scope of work generally involves the planning of improvements to the Noland Plant required by the split of the flow between the Illinois River Basin and the White River Basin, the evaluation of sludge treatment and ultimate disposal of sludge solids, and the assessment of existing facilities. An outline of the scope of work is given below. The detailed scope of work is given in the body of the proposed contract. 1. Project Administration and Coordination Meeting, and Public Meetings 2. Evaluation of Existing Noland Plant - This includes the determination of existing and future wastewater characteristics and the evaluation of the current capacity of the plant. 3. Evaluation of Sludge Processing Alternatives This involves the assessment of our current sludge handling practices at the plant and study and evaluation of sludge handling and disposal alternatives. 4. Conduct Facilities Assessment Make an assessment of the existing structures, process equipment and controls at the plant and make recommendations on rehabilitation or replacement of such equipment and controls. 5. Preparation of the Final Design Report Although it is not listed as a separate work item, the evaluation of odor control measures and the recommendations for odor control is an integral part of the scope of work and will be considered in all recommendations for sludge handling and other unit processes. Cost of Services: The proposed contract price is $ 359,720.00. A breakdown of the price is: 1. Salary Expense & $ 102,272.00 2. Overhead Costs (1.57) 160,566.00 3. Fixed Fee, 15% 39,426.00 4. Expenses (includes subcontracts) 57,456.00 5. Total Cost (Not to Exceed) $ 359,720.00 The total cost given above will not be exceeded without a change order being approved which also amends the scope of work. Any additional costs for this portion of the work will be computed on the same basis as the prices given above. It should be pointed out that the costs given for each of the line items of work is an estimate only and that funds can be shifted between the various work items as long as the total cost does not go beyond the not -to -exceed figure given in the contract. Staff Recommendation: The Staff believes the proposed contract price is reasonable and represents fair compensation in exchange for the work proposed to be furnished. Therefore, it is the recommendation of the Staff that the Council approve the proposed contract with Black and Veatch in the amount of $ 359,720.00. • . • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this _ day of 2000, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and Black & Veatch Corporation with offices located in Kansas City, Missouri hereinafter called the "ENGINEER". WITNESSETH: Whereas, the "OWNER" is planning to construct improvements at the Paul Noland Wastewater Treatment Plant (the Project); and, Whereas the "OWNER'S" forces are fully employed on other urgent wok that prevents their early assignment to the aforementioned work; and Whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the plans for the project on schedule; Now therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I - EMPLOYMENT OF ENGINEER The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II - DESCRIPTION OF THE PROJECT Plan, design and construct improvements at the existing Paul Noland Wastewater Treatment Facilities. It is anticipated that the improvements will improve plant performance, reduce operating costs, improve odor control measures and replace/upgrade critical equipment. City of Fayetteville Agree. slw#6/asFcbruary 29, 2000 90104.9402 SECTION III - INFORMATION & SERVICES The "OWNER" will furnish, free of charge, any specifications, standards, reports, plant operating data, industrial pretreatment program information, and other data and information which may relate to the project including GPS survey data. Aerial mapping data and plant operating data will be provided to the "ENGINEER" on magnetic media. SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" Item A — ADMINISTRATION, COORDINATION, AND MEETING The "ENGINEER" shall provide the following services. Task 100 — Meetings 101. Attend coordination, progress, and public information meeting as requested by the "OWNER" or required to successfully complete the work. Up to fourteen meetings are included in the project budget. Task 200— Administration 201. Maintain such files and records as necessary to provide a historical record for the work and project billing. These files shall be maintained at the office of the "ENGINEER". 202. Provide a monthly status reports describing the work completed to date and work to be completed during the next month. Included with the report shall be a description of coordination issues which could delay the `ENGINEER". Included with the status report shall be a graphic schedule (bar chart) with activity descriptions. Item B — PROJECT INVESTIGATIONS The "ENGINEER" shall conduct the following investigations in preparation to design of the improvements to the Paul Noland Wastewater Treatment Plant. Task 100 — Develop Wastewater Characteristics 101. Make site visit to meet with "OWNER'S" representatives and collect data. 102. Analyze up to four years of historical data from the Paul Noland WWTP to determine historical flows and loads. This data will include influent data, effluent data, and operating data. From this data annual average and maximum month flow and loads will be identified. City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 103. Identify industries which discharge significant pollutant quantities to the collection system. Review industrial monitoring reports to assess the industrial loads to the plant. If monitoring reports are not available, contact industries to get discharge characteristics and flows. 104. Estimate university flow and loads using university student population. 105. Determine Noland WWTP influent characteristics based on a range of operating modes using data from the recent master plans. Key variables are 1) domestic flow and loads diverted to new Westside WWTP, 2) industrial flow and load, and 3) university flow and loads. A matrix of influent characteristics will be developed. 106. Determine Westside WWTP influent characteristics following completion of Task 105. Provide Task 105 information to McGoodwin, Williams, and Yates for their determination of these characteristics. It is anticipated that the influent characteristics to the Westside WWTP will differ from the Noland WWTP because of the lack of industry and university loads. 107. Prepare Technical Memorandum #1 describing the data collected and conclusions reached based on the data evaluated. Submit 10 copies to "OWNER" for review and comment. 108. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 109. Prepare for and attend one public information meeting if required by "OWNER". Task 200 — Evaluate Paul Noland WWTP Capacity 201. Using the influent wastewater matrix developed in Task 104, determine the minimum flow which can be treated at the Noland facility without adversely impacting operations. For this initial evaluation it will be assumed that the Noland facility is not handling solids from the Westside WWTP. Two liquid schematics will be considered: 1) existing liquid stream and 2) abandon primary treatment and operate with secondary treatment only. Combination of models will be used including BioWin and Cygnet. 202. Prepare Technical Memorandum #2 and provide 10 copies to "OWNER" for review and comment. 203. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 204. Prepare for and attend one public information meeting if required by "OWNER". Cily of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 Task 300 — Evaluate Nitrification Inhibition at Paul Noland WWTP. 301. Review historical data to determine exact times of inhibition. Compare influent and operating conditions of the years with inhibition to years without inhibition to identify any differences. 302. Meet with OMI staff to discuss periods of nitrification inhibition. 303. Meet with industries identified in Task 103 to identify operational pattern over the past four years, i.e. wasting pattern through the week, clean up operations, periods of shut down, and product changes. Determine if any industry changes coincide with process upset. 304. Review university schedule to determine any major events, i.e. semester start/stop, athletic functions, which coincide with process upset. 305. Model periods before, after and during inhibition to identify probable cause for inhibition. 306. Prepare Technical Memorandum #3 and provide 10 copies to "OWNER" for review and comment. 307. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 308. Develop an action plan to handle nitrification inhibition should it reoccur in the summer of 2000 and meet with "OWNER" and OMI to discuss plan. Task 400 — Estimate Sludge Quantities 401. Determine sludge quantities from Paul Noland WWTP based on the minimum capacity identified in Task 201 without solids from Westside WWTP. Consider cases with and without primary treatment as defined in Task 201, Task 500 — Evaluate Solids Processing Alternatives. 501. Evaluate aerobic digestion, at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 200 indicate that the Noland WWTP could treat reasonable flow without primary treatment. Evaluation will include developing conceptual design criteria and digested sludge quantities. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 • I • 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 502. Evaluate anaerobic digestion, at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 201 indicate that the Noland WWTP could treat reasonable flow without primary treatment. Evaluation will include developing conceptual design criteria and digested sludge quantities. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 503. Evaluate impacts of dewatering at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 201 indicate that the Noland WWTP could treat reasonable flow without primary treatment. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 504. Attend progress meeting to review and discuss results of the evaluations. 505. Prepare report chapters for Task 600. City of Fayetteville Agree. slw#6fasfebruary 29, 2000 90104.9402 Task 600 — Evaluate Solids Handling and Disposal Alternatives 601. Visit the Noland Plant to observe the existing solids processing and handling unit operations and to evaluate land management practices in the region. The primary objective of the visit will be to obtain background information that may be relevant to the identification of alternatives for future biosolids management. Available operations, cost data, drawings, and reports will be collected at this time. 602. Review data and reports collected during the site visit to develop a full understanding of current operations and previous studies. 603. Utilize the estimates of raw solids quantities for the Westside plant developed by McGoodwin, Williams, and Yates, Inc. and those developed in Task 401. 604. Contact appropriate state regulators to discuss the direction of future biosolids and land management regulations. Attending one meeting with the regulators is included in this task. A review of federal regulations that could affect future biosolids management at the Noland plant will also be conducted. 605. Prepare for and conduct a screening workshop with "OWNER'S" representatives. Objectives of the workshop are to: 1) Review current biosolids processing and handling practices, previous Facility Plan conclusions and recommendations, and City objectives for processing and disposal of biosolids. 2) It is anticipated that the primary outlets for the City's biosolids will consist of land application of a Class B biosolid product, distribution of a heat dried product, and distribution of a composted product. During the workshop, technologies to achieve Class B, as well as the various drying and composting technologies, will be discussed. The technologies of most interest to the City will be identified for further evaluation. 3) Formulate no more than four system alternatives for detailed evaluation. Each alternative will address: 1) processing and handling of only Noland plant solids, and 2) processing and handling of both Noland and Westside plant solids at the Noland plant. A separate evaluation of solids management for only the Westside plant solids will be conducted by McGoodwin, Williams, and Yates, Inc. 4) Establish non -cost factors to be used in the evaluation of alternatives. 606. Utilize the services of a specialty subcontractor to assess the opportunities and obstacles for the distribution of biosolids-derived products. The subcontractor and subcontract developed in connection with this task shall be subject to the approval of the "OWNER". Any such subcontract shall become a part of this Agreement. The assessment will include up to 4 types of biosolids products. It is anticipated these will include three types of Class A products and a Class B stabilized biosolid product suitable for land application. The area to be included in the assessment will vary based on the economical haul distance for the type of product produced. The assessment will include a combination of telephone and in -person interviews with City or Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 i 0. prospective product users and others with knowledge of the local agricultural community and practices. Projected revenue for each type of product considered in the assessment will be provided. A brief written report will be prepared, summarizing the findings and conclusions from the assessment. 607. Perform an evaluation of the system alternatives based on both cost and non -cost considerations. Cost considerations will include present worth values (or 20 year life -cycle costs) for each alternative. Order -of -magnitude opinions of construction and operations and maintenance costs will be prepared for each alternative. The non -cost factors used in the evaluation will be developed jointly by the "OWNER" and "ENGINEER" in Task 605. 608. Meet with City representatives to discuss preliminary conclusions from the technical evaluation and market/outlets assessment and develop a consensus on the approach to be used for future biosolids management. 609. Accompany "OWNER'S" representatives to visit 2 installations using different technologies. The site visits will be used to help confirm technology selection and to identify key considerations for facility design and operation. Costs will be dependent on sites to be visited. The ENGINEER's budget includes the ENGINEER's travel cost and time for these site visits. 610. Prepare a draft Project Development Report summarizing the project development activity and submit 10 copies to the "OWNER" for review and comment. The basis of the report will be the guidance received from the "OWNER" at the Results Workshop and information from any site visits. Included in the report will be an implementation plan for the preferred biosolids management option including a refined opinion of costs for budgeting purposes. Incorporate changes, if needed, based on the review comments and submit 10 copies of a final Project Development Report. 611. Prepare for and attend one public information meeting if required by "OWNER". Task 700 — Conduct Facilities Assessment 701. Conduct a project initiation meeting to clarify "OWNER"s requirements for the Project, review pertinent available data, review project staffing and organization, present initial work plan, and present initial work schedule. A Data Request Letter and a Basis for Assessment Letter will be transmitted to "OWNER" prior to this initiation meeting. 702. Evaluate results of the initial meeting, review status of data received, and submit a written request for additional data required for the Project. City of Fayetteville Agree. slw#6/a February 29, 2000 90104.9402 703. Review Existing Facilities Data I) Review existing drawings, specifications, and other information obtained from "OWNER". 2) Prepare a preliminary inventory of structures, instrumentation and control equipment, and all process equipment including major valves (6" and greater) with actuators and gates, electrical panels, chemical feed equipment, motor control centers, switchgear, and major HVAC equipment. 3) Submit the preliminary inventory to "OWNER" for review and comment. 4) Revise the preliminary inventory based upon "OWNER'S" comments. 704. Investigate Existing Facilities 1) Conduct a site visit of the wastewater treatment plant. This site visit will be a conducted by a multi -disciplined team to verify the preliminary inventory, to visually assess the physical condition of the structures, the electrical and mechanical equipment, the instrumentation equipment, and to discuss the facility with the plant maintenance personnel. This information will be used to determine the recommended rehabilitation and the remaining useful life of the structures and equipment. 2) Modify and expand the Inventory List based upon data gathered during the site visit. The equipment listing will indicate the equipment tag number, location, and year installed. The structure evaluation would indicate the year constructed, current physical defects, and possible current code deficiencies based on the codes in effect at the time of construction and the present codes X including ADA compliance at the operation's building. The listing would also include comments from the operations and maintenance staff detailing the reliability of the equipment. 3) Submit the Inventory List to "OWNER" for review and comment. 4) Revise the Inventory List based upon "OWNER'S" comments. 705. Prepare Report 1) Expand the Inventory List to identify equipment replacement/rehabilitation recommendations and structure rehabilitation and upgrade recommendations. A cost opinion for the equipment recommended for replacement and structure rehabilitation and upgrades will be provided. No effort will be made to prioritize the recommended work. 2) Prepare a report summarizing the efforts in developing the Inventory List and •the results of the structure investigation. Include the Inventory List as an appendix to the report. 3) Submit 10 copies of the draft report to the "OWNER" for review and comment. 4) Meet with "OWNER" to discuss comments and revise report and submit 10 copies of the final report to the "OWNER". City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 Task 800 — Preliminary Design Report The work as described in Tasks 100 through 700 will be consolidated into a single Preliminary Design Report which will contain all recommendations and cost estimates. Ten (10) copies of the final Preliminary Design Report shall be delivered to the "OWNER" as a final work product. Item C - PROJECT DESIGN The "ENGINEER" shall be prepared to design the improvements which are authorized by the "OWNER" following completion of Section IV, Item B — PROJECT INVESTIGATIONS. The project will be designed and constructed to meet water and sewer standards in accordance with the "OWNER'S" Water and Sewer, and other related Standards. Construction specifications shall be based on latest special provisions and City of Fayetteville Specifications relating to the design of this project. The design concept with regard to water and sewer relocations, geometric, detours, right-of-way, utility easements, and other related items shall be submitted by the "ENGINEER" (in the form of a Preliminary Engineering Assessment) and approved by the "OWNER" prior to beginning design work. The "ENGINEER" shall provide all field survey data from field work for designing the project and this shall be tied to the "OWNER'S" GPS control network. The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating geotechnical or any other form of data necessary for the design of this project. The "ENGINEER" shall furnish plans to all utility companies affected by the project and if necessary, shall conduct a coordination meeting among all affected utility companies to enable them to coordinate efforts for the necessary utility relocations. This coordination meeting will take place at the City Engineer's office. During the final "design" phase of the project, the "ENGINEER" shall conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, cost estimates, make final field inspection with "OWNER", make any needed plan changes as a result of the final field inspection and all other work required to advertise and receive bids. "ENGINEER" shall have no liability for defects in the Services attributable to "ENGINEER'S" reliance upon or use of information, data, design criteria, drawings, specifications, or other information furnished by "OWNER" or third parties retained by "OWNER"." City of Fayetteville Agree. sIwH6/asFebruary 29, 2000 90104.9402 S SECTION V — COORDINATION WITH "OWNER" The "ENGINEER" shall hold conferences throughout the investigation and design of the Project with representatives of the "OWNER" to the end that the investigation and design, as perfected, shall have full benefit of the "OWNER'S" knowledge and be consistent with the current policies and construction practices of the "OWNER". The "OWNER" reserves the right to accept or reject any or all investigation plans, but this stipulation will not relieve the "ENGINEER" of responsibility for the design of the Project. SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the "OWNER'S" City Engineer's office. SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION The "ENGINEER" shall submit ten (10) copies of each independent investigation for review and comment. The "ENGINEER" shall submit two (2) sets of design concept plans, two (2) sets of preliminary plans and three (3) sets of the final plans for field inspections. SECTION VIII — FINAL SUBMISSION The final submission of Item B services shall consist of ten (10) copies of the Preliminary Design Report. The final design submission for the construction contract shall consist of the following: A. One (1) copy of design calculations. "OWNER" agrees to purchase approximate software if required to evaluate `ENGINEER'S" calculations. B. Three sets of final plans, contract documents, and specifications. C. The originals of all drawings, specifications, and contract documents. All design drawings on magnetic media shall be submitted on disks compatible with AutoCAD Release 12 software. D. The estimated cost of construction and a detailed estimate of time in calendar days required for completion of the contract. 10 City of Fayetteville Agree. slw#6/asFcbtuary 29, 2000 90104.9402 I,, SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES During the "Bidding" phase of the project, the "ENGINEER" shall provide all engineering and administrative services needed to obtain bids for the construction project, evaluate the bids, and consult with and advise the "OWNER" as to the acceptability of the best bidder. During the "Construction" phase of work, the "ENGINEER" shall provide administrative and engineering services including resident construction observation services to determine whether the Contractor has met the requirements of the design plans and specifications. The "ENGINEER" shall review the Contractors progress payment requests based on the actual quantities of contract items completed and accepted, and shall make a recommendation to the "OWNER" regarding payment. SECTION X — SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER", "except that it may be subcontracted without such approval to a related entity, an affiliate or wholly owned subsidiary of "ENGINEER." SECTION XI - TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete "Items A&B" services within 200 calendar days. The above completion time is predicated upon the fact that the "OWNER" will cause to be processed approvals of interim work in an expeditious manner 15 days per submittal. SECTION XII — FEES AND PAYMENTS A. "Items A & B" Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the Project, plus payroll additives and general overhead costs at 157 % of direct labor costs, plus direct reimbursable expenses, plus a fixed fee which are payable as follows: 11 City of Fayetteville Agree. slw#6/asf ebruary 29, 2000 90104.9402 Is' 1. "Salary, payroll additive and general overhead costs shall not exceed: $262,838 2. Fixed fee $ 39,426 Reimbursable expenses shall not exceed $ 57,456 4. Total costs Of services shall not exceed $359,720 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. "The breakdown of costs between the various work tasks are given in Appendix "A" as a convenience and is not intended to set a maximum cost for any of the work tasks. Costs may be transferred from one work task to another so long as the maximum cost as given above is not exceeded." Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish and the "OWNER" 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 the "OWNER" 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. Appendix "B" covers the classification of personnel and.the salary rate for all personnel to be assigned to this project by the "ENGINEER". "Invoices shall be submitted to the City for on a monthly basis. The City will make every effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed." Final payment for "Items A&B" services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of services. "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of _ % of direct labor costs, plus reimbursable expenses, plus a fixed fee which are payable as follows: 1. "Design" phase services, "surveying services" and preparation of the Ownership Map/Utility Easements Plan Costs not to exceed: 2. Fixed fee for "Design" services: 12 City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 To be negotiated To be negotiated 3. Engineering contract amount for "Design" phase Services not to exceed: To be negotiated The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish the "OWNER" 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 the "OWNER" 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. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "ENGINEER". Final payment for Design services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. C. "Bidding" Phase Services: For "Bidding" phase services rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of % of direct labor costs, plus direct reimbursable expenses, plus a fixed fee which are as follows: 1. "Bidding" phase services costs not to exceed: To be negotiated 2. Fixed fee for "Bidding" services: To be negotiated 3. Engineering contract amount for "Bidding" phase services not to exceed: To be negotiated Final payment for "Bidding" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Bidding" phase of the project. "Construction" Phase Services: For "Construction" phase services rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of % of direct labor costs (plus direct reimbursable expenses associated with the 13 City of Fayetteville Agree. slw#6/asFcbruary 29, 2000 90104.9402 11 project), plus a fixed fee which are as follows: 1) "Construction" phase services costs not to exceed To be negotiated 2) Fixed fee for "Construction" phase services: To be negotiated 3) Engineering contract amount for "Construction" . Phase services not to exceed: (Based upon an assumed construction period not to exceed To be negotiated days.) The basis for this estimate is Appendix _. The "ENGINEER" shall invoice the "OWNER" monthly for construction phase services, and the final payment for "Construction" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Construction" phase of the project. E. "Geotechnical Investigation" Services: For geotechnical investigation services associated with design, the "OWNER" shall pay the "ENGINEER" on the basis of hourly rates and unit prices set forth in Appendix a fee, not to exceed $ . The basis of this upper limit and justification for the fee is contained in Appendix _ attached hereto. F. "Special" Services: "Special" Services are described in APPENDIX "C". SECTION XIII - CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed within a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, price of fees. Any claim by the "ENGINEER" for adjustment under this clause must be asserted with thirty (30) days from the date of receipt by the "ENGINEER" of the notification of 14 City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 change; provided, however, that, the "OWNER" if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the contract as changed. SECTION XIV — OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of the "OWNER". The "ENGINEER" may retain reproduced copies of drawings and copies of other documents. "Engineering documents, drawings, and specifications prepared by "ENGINEER" as part of the Services shall become the property of "OWNER" when "ENGINEER" has been compensated for all Services rendered, provided, however, that "ENGINEER" shall have the unrestricted right to their use. "ENGINEER" shall, however, retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of "ENGINEER". "Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. "ENGINEER" makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern." SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement — Should the "OWNER", for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER", who will immediately suspend work. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B. Cancellation — Should the "OWNER", for any reason whatsoever, decide to cancel or terminate the use of the "ENGINEER'S" service, the "OWNER" will give written notice thereof to the "ENGINEER", who will immediately terminate the 15 City of Fayetteville Agree. slw#G/asrebruary 29, 2000 90104.9402 work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. The "ENGINEER" shall turn over all data, charts, survey notes, figures, drawings, and other records or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed and for reasonable termination expenses. SECTION XVII - MISCELLANEOUS PROVISIONS 1. Dispute resolution — Any dispute concerning a question of fact in connection with the work and having a financial value of $10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 shall be subject to mediation in accordance with the Construction Industries Mediation Rules of the American Arbitration Association. 2. Responsibility for Claims and Liability — The "ENGINEER" shall save harmless the "OWNER" from all claim and liability due to its (the "ENGINEER'S") negligent activities, or those subcontractors, its agents, or its employees during the time this contract is in force. In the event such liability, claims, actions, causes of action or demands are caused by the joint or concurrent negligence of more than one party, such liability shall be borne by each party in proportion to their own fault. 3. General Compliance with Laws — The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "ENGINEER" shall be a professional "ENGINEER", licensed in the State of Arkansas. 4. "ENGINEER" Endorsement — The "ENGINEER" shall endorse and recommend all plans, specifications, estimates and engineering data finished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS INCLUDED IN THIS AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. 5. Opinions of Cost and Schedule - Since "ENGINEER" has no control over the cost of labor, materials, or equipment furnished by others, or over the 16 City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 0 • resources provided by others to meet Project schedules, "ENGINEER'S" opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional "ENGINEER". "ENGINEER" does not guarantee that proposals, bids, or actual Project costs will not vary from "ENGINEER'S"cost estimates or that actual schedules will not vary from "ENGINEER"s projected schedules. 6. Waiver of Subrogation - The parties waive any and all rights against each other, including their rights of subrogation, for damages covered by property insurance during and after the completion of the services. If the services extend to the construction phase of this Project, a similar provision shall be included in all construction contracts, subcontracts and supply agreements entered into by the "OWNER" and shall protect the "OWNER" and "ENGINEER" to the same extent. 7. No Consequential Damages - To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, consequential, punitive or exemplary damages resulting from the performance or non- performance of this Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability of the party so released or whose liability is so limited and shall extend to the officers, directors, employees, licensors, agents, subcontractors, vendors and related entities of such party. SECTION XVIII - SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other except that it may be assigned without such consent to the successor of either party, or to a related entity, an affiliate or wholly owned subsidiary of either party. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XIX — COVENANT AGAINST CONTINGENT FEES The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER", to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the "ENGINEER", any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. 17 Cily of Fayetteville Agree. slw#6/asFcbruary 29, 2000 90104.9402 0 For breach or violation of this warranty, the "OWNER" shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. CITY OF FAYETTEVILLE ENGINEER By: Mayor ATTEST: City Clerk Fri City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 Black & Veatch Corporation Name of the Firm By: 'C r �L Authorized Representativ l 0 APPENDIX A - ENGINEERING COST BASIS CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Fayetteville, Arkansas ENGINEERING FEE PREPARED BY: Black and Veatch Corporation DATE: March 1, 2000 PROJECT NUMBER: 90104:9402 ITEM A AND B SERVICES (See attached work sheets) TASK DESCRIPTIONS 100 Develop Wastewater Characteristics 200 Evaluate Noland Plant Capacity 300 Evaluate Nitrification Inhibition 400 Estimate Sludge Quantities 500 Evaluate Sludge Processing Alternatives Estimate Cost for salary, payroll additive and general overhead $61,675 600 Evaluate Solids Handling and Disposal Alternatives Estimate Cost for salary, payroll additive and general overhead $78868 , 700 Facilities Assessment Estimate Cost for salary, payroll additive and general overhead $75,716 800 Preliminary Design Report Estimate Cost for salary, payroll additive and general overhead $3,968 Administration, Meeting, and Coordination Estimate Cost for salary, payroll additive and general overhead $42,611 Total Estimated Cost for salary, payroll additive and general overhead $262,838 Fixed Fee 39,426 Reimbursable Expenses 57,456 Total Not to Exceed Billings for Items A & B $359,720 Fayetteville, Arkansas a a ENGINEERING FEE ESTIMATE OWNER: City alcryelbvltchAMneas DATE: Ims 1. 2O V4atoh Carpetelbn PROF:CTN 1, 3080 PROJECT NUMBER: f01048462 PROJECT DESCRIPTOR: Peel Noland WWTP NeeleMell AOMd5TRATION. MEETINGS, AND COORDINATION LABOR COSTS PROJECT OFFICE RESIDUALS GROUP PROCESS GROUP TRW PIC PM PE DE DE TECH OFFSER • DIR PE SE Ted, OFF SEA - OIR PE SE TECH OFF SEA weekWeI*C6t A A A A A A L • B B B B B • C C C C C P•M level 1610 a806 a800 OM3 0803 0406 0204 • 0®6 OW5 OBJS 0406 @06 • a O805 a&V 0406 O206 Total. Ms IUA.on MCHI B6• 16 16 4 CrcN'velion Meet• 64 • 00 12 12 PO9rOSS Mehl en,A d d • PGnenMt6Wn 9 m Anal 8 I 2] • 16 Progcessrepv.t L 27 • 9 18 8 PI 12 • 0 6 e FE TNRemEs IW • 20 W PiMic Mectlnos p Metl, Feelar lle d 48 16 fl CmnMibn Fee Del zniMt fl 1 0 P,opceslGao16M1Me Me.l 80 52 J3 16 Toles flOW hn 3 513 ioI& by Cd. hr. L 512 • 10.80 28680 Io.W OW 080 OW 134.80 0.00 32.80 OW O.W OW 2. OW 2880 OW OW 0.80 SaryRele. $200 • 5580 40.80 dW 20.80 2780 IB.W 13.80 4080 0080 YJ.W 1080 IJW • 3080 '16.80 bW 1880 IdW To4alS Co,tb,tabo. Cal $900$11360 $544 $0 f0 b $1,742 60 $1215 50 $00 $0 $0 $128 $0 $0 W ISI f10.5O1 Tales Salary Ws we+INads®15] *42.611 REIMBURSABLE EXPENSES USI $pm OMMM1y Cost UM $ GenmelE n NM S 7.50 512 $3,840 Co Net Au to PMIo pmcel Post LcnDSPhaieC&73 Posse M hoos. e10dudle0 S lea. Free a Mc Sweet TravE,eroS Casflenlel 141 hm6 a 75 26 $2180 Meaty 12 t 1 m S nt s M it 8 W $480 Meals Itl .3 people. lO mom pery es 5 20 $180 Lod12 b s l p,allM 65 12 5780 L0dr M1 .2 65 4 52W Tdnl Revnbmeeble Ee nsa $]020 SUMMARY Tda10aN mwheads $42$I1 Tdel ReMbunabl Ea Mn $7610 5ublmtatlan 80 SubmMadw ® 5% 80 Subtotal $50,2]1 FS Fee @5% STotaI Sal,bs wmhwdf 56.'392 III TOTAL COST ESTIMATE Im PROJECT AOMINRTRA11ON. MEETNG5, / COONOINATIOH RS,68 Faete me. Am 1 WI 09 SAM ENGINEERING FEE ESTIMATE S t OWNER: City of Fayetteville, Arkansas ENGINEER: Black IT Veatch Corporation GATE: March 1, 2000 PROJECT NUMBER: 001049402 PROJECT DESCRIPTION: Paul Noland WWIP Improvements PROJECT INVESTIGATIONS M 1nI, .M ...I An LABOR v ♦ "� LABOR COSTS Title Code Cat Cete0ory Total, Hrs PROCESS GROUP Tech 0006 Director Vice Re 1630 Johnson Sr. Process Speclalisls 0809 Bernard Peed Staff Process Engr 0805 Cbdy Wt Process Engr 0802 Task 100 • Develop Wastewater Charadedstea 101 Sco�g MeetinQ and Collectdata 12 12 102 M e Metered! data 60 4 16 40 103 Determine IndusHal dioractedstiw and loads 32 16 16 104 Determine universitydterecledstla one bads 16 4 12 105 Determine Noland Renl wastewater dtarededstics 18 2 8 8 106 Determine Weslside wastewater characledatics (by M 107 Pre re Technical Memorandum 0 0 106 Discuss Fbidhi�s at Promess Meeti 12 12 109 Prepare for and attend one public Informalion meets 20 16 4 Task 200 . Evaluate Noland Plant Cepacfty 201 Develop Cedty maMx based on ww Cam 202 Prepare Technlcal Memorandum 52 38 4 16 8 32 24 6 203 Dswss Findings al Progress Meetln 12 12 200 Prepare for and Attend Public IMonnalion Meet' 12 12 Task 300 - Evaluate M1riicatlon Inhibition 301 Review hitodcal data 40 16 24 302 Discuss nlifcetion lnMMtion with OMl 24 6 16 303 Detemine lnd'nty operation patterns 304 Identif ur*versty functions vwkh Influence loads 305 Modeling 306 Prepare Techneel Memorandum 307 Discuss Findings at Progress Meeting 308 Nitrification MfuMfon an of action 4D 12 40 12 48 54 12 20 8 4 4 4 40 40 12 16 6 Task 400 - Estimate Scud a Quantities 401 Determine sludge quantities Ira Noland 12 4 8 0 Task 500- Evaluate Sludge ProcessIng Abdul 501 Evaluate aerobic digestion 502 Evaluate anaerobic digestion 503 Evaluate heat d I dewated 504 Prepare reorl ch tare for Task 600 505 Discuss Findin at R s Meeting 0 36 36 36 44 12 4 12 12 12 16 12 24 24 24 16 8 Total by Row furs Total by Col, hM Salary Rats Smr 2000 Total Safe Cost by Labor Cat 710 710 0 54 $67 $3,629 4 $6] $269 400 635 $14000 232 325 $5,000 20 $15 $300 Total Salary $23,998 Total Salary plus overheads @ 1.5] $61 675 BLE EXPENSES Unit S Per Unit Quantity Cost Expenses Per labor hr $7.50 710 $5,325 CotorT�uter e copies Iiii I_one istance Plane Cable Post se Be roduction St��les. Ptiologran.eta Travel Expenses 6 meetings) us 1 tlic Inlormatln meeti Car Rental separate trts p9 pit., @ 2 days each day 575 8 $600 Travel Meals ea 56 40 5320 Lod nIght 565 7 5455 Total Reimbursable Expenses $6700 Salary plus ovameads $61,675 bursable Expenses $6,700 ctors MTASKS so ctor markup @ 6% $0 otal 668,375 p 15% of Total Sairy plus overheads 59,251 ED COST for TASKS 100, 200, 300, 400 6 500 3]],627 Fayetteville, Arkansas 3/1/009:35 AM I, ENGINEERING FEE ESTIMATE OWNER : City of Favettevitle, Arkansas ENGINEER: Black 8 Veatch Corporation DATE: March 1, 2000 PROJECT NUMBER: 90104.9402 PROJECT DESCRIPTION: Paul Noland WWTP Improvements PROJECT INVESTIGATIONS TASK 600 • t VALUA I t SOLIDS HAI\ V L,nG AN umr V ura ru wvr„• RESIDUALS GROUP LABOR COSTS Residuals Sr. Process Process Environ Staff Ott • Title • Director PM CC Proj Engr Engr Engr Scientist Engr Tech Sery Work Code Category 0806 0806 0806 0805 0805 0803 0507 0803 0304 0208 Total hrs Coordination Meetings (2 Meetings) 32 32 Prepare for and attend 1 public information meeting in Fayetteville 16 16 0 0 601 Site Visit and Review of In ant Solids Handling 32 0 0 16 16 0 0 602 Evaluation of Data and Reports 56 0 0 24 32 0 0 0 0 603 Establish Future Solids Quantities 8 0 0 8 0 0 0 604 Regulatory Evaluation 104 8 0 40 48 8 16 0 0 0 24 0 605 Smeenin Worksho 152 16 16 40 40 0 0 0 606 Markets/Outlets Assessment 16 0 0 16 0 32 40 0 0 607 Alternatives Evaluation 204 4 0 0 40 8 80 0 0 0 608 Results Workaho 64 16 0 16 6 8 16 0 0 4 609 Slte Visits 44 0 16 0 16 0 32 40 56 8 0 32 32 610 ProectDevelo mentRe rt 196 4 611 Prepare for and Attend Public Information Meeting 12 12 Total by Row, hrs 924 56 32 292 16 320 80 40 56 36 Total b Col, hrs 936 B $55 $40 $55 $35 $35 $30 $40 $28 $18 $15 Salary Rate $fhr 2000 $440 $2,240 $1,760 $10,220 $560 $9,600 $3.200 $1,120 $1,008 $540 Total Sale Costb Labor Cate o Total Salary $30,688 Total snlajy plus overheads @ 1 .57 $78,868 REIMBURSABLE EXPENSES Unit $ per Unit Quant Cost $ General Expenses er labor hr $7.50 936 $7,020 ContCo.npitet Autog ra hics Photo Copies Parcel Post 1_ong Dist Phone Cals Postage In house reproduction Supplies, photographs Scanning Travel Expenses 4 client nleetm s, 2 coordination meetings) Car Rental (Strips @2 days each Meals 6tri @ 2 days each Airfare and Other Espense Im Meeting with Regulators Airfare and Other Expense for Meeting with Unity day ea ea ea $75 $8 $700 $700 12 36 1 1 $900 $288 $700 $700 Airfare and Other Expenses for Site VisIts 2 kips) - Total Reimbursable expenses ea $1,150 2 $2,300 $11.908 SUMMARY Total Salary plus overheads $78,868 Total Reimbursable Expenses $11,908 Subcontractors $20,000 Subcontractor markup @5% $1,000 Subtotal $111,776 Fixed Fee @ 15% of Total Salary plus overheads $11,830 ESTIMATED COST for TASK 600 $123,606 Fayetteville. Arkansas I 3/1/00+9:35 AM a • Gs 4 : N s I . 9 e 3 C# SE G 3 . #i^Fy yt am Ey[ 1111111 fi YY I •ai.GY. . u Gs°s rY� C ______I VIII glllllllIUV!llllllIHVl IllllsBallllllllllllllllllllllllm IIIII!!IIIIIIIIIIIIII1111I11111 11111989111I111I1111111IIIIS1!II Ileelllillm Ii1I19@911 II1111lIIISI 11111&0IIIIIIIIIIIIIIII11111111tfl IIIII!@IIIII 11111IIIIIIIIIIIIII 111119IIiIIIIIIIIuIIIIhIIIIIII 11111!9!Illlllllttltllllltllllfl II111080IIIIIIIIIIIIIIIIIIIIIIII 111118@AIIIIlI111111e11111111111Ii IIIIISIa1I111I1111Illlllllllllll IIIII!IIIuIIIuIIIIiIlII!lIllhItThI IIuI!EIIIIIUIIIHIIIIIIIUIII�IHI 11 IIIIIlAIIIIIIIIIIIIIIIIIIIIIIIIcn IIIII!!I111III1111IIIIIIIIIIIIIm IIIIII9911IIISIIIIII!IIIS111IIIIf IIIIIS9111IIIIIIIIIIhIIIIIuIlIII IllhIIlIllI!IuIII!IllHilhIIIIEZ IIII19lIIIIIIl111e1I11e1I11I11 IIIII rsIIIIIlIIIIIIIIIII1111111 iini!lamuIlniinhIniiii11111Z IIIII19911111f111111111III1111111 I I I I I s 9 B 111111111111111111111111 m 11111IIIIIIIIIIII!IIIIIIIlII1m 11111&9111111f1111111111f111111l 11111991111IIIIIIIIs!I11IIIlelll IllhI!!uIlIllhIllllhIflhIIIIIllIfl IIIII&91IIIIIIIIIUIIIIIIIIIIIIEIB I111Is1allllillllilllllllililllllm nn1199nnnnntnllllnnmtZ I111109111IIUIIIIItl1I111111IIIU 191111I111111IIIIIIIIIIIIII IIIII 111110011111111111111111IIIIIIIIIU 4� t ENOINEEW NG FEE ESTIMATE OWNER: Clly of Fey.N.HIIA AdmN• ENGINEER: BI.Q$ Ketch Cdponllm OATS M•rcb 1, ECW PROJCT NUMBER: 80101.94@ PROJECT OESCTION: P.N NOMM WWTP Impor.mml• PROJECT INVESTIGATION WYLfV n o 0 0 U Un •rmtA9Im SUMMARY Taal Sale C teSS $JA!8 TOM R.'.ntonede E,enei $795 SYEm111MOM1 $0 gpvpmN,nMtc@5L WMM SO $4763 FSS Fee 15% ol TNeI Saw Ufanlrt✓Ja $505 ESTIMATED COST lot PRPLMIMARY DESIGN REPORT 55.]Y FryRIeWN.k J/IpYl35AM • a APPENDIX B PERSONNEL CLASSIFICATION AND SALARY RANGE City of Fayetteville Agreement for Engineering Services OWNER: City of Fayetteville PREPARED BY: Black & Veatch Corporation DATE: February 29, 2000 PROJECT NUMBER: 90104.9402 Classifications Salary Range Classifications Salary Range General Services 01 Offices Services 02 Level Min. Max. Level Min. Max. 01 $6.29 $11.00 01 $6.63 $10.75 02 $8.31 $13.00 02 $7.65 $11.50 03 $9.58 $15.00 03 $8.15 $12.25 04 $11.02 $17.00 04 $9.25 $14.50 05 $12.46 $19.00 05 $9.75 $15.00 06 $14.37 $23.00 06 $10.50 $17.00 07 $15.92 $26.00 07 $11.50 $19.00 08 $17.88 $29.00 08 $12.50 $22.00 Graphics 03 Technical Support 04 Level Min. Max. Level Min. Max. 01 $6.75 $12.00 01 $7.50 $12.00 02 $8.19 $14.00 02 $8.77 $14.00 03 $9.63 $17.00 03 $10.04 $17.00 04 $11.13 $20.00 04 $11.65 $20.00 05 $13.04 $24.00 05 $13.44 $24.00 06 $15.69 $29.00 06 $15.63 $27.00 07 $18.81 $37.00 07 $18.17 $32.00 08 $21.69 $45.00 08 $21.46 $39.00 09 $18.35 $45.00 09 $24.52 $48.00 B-1 of 2 Appendix B slw6/asFebwary 29, 2000 90104.9402 PERSO L CLASSIFICATION AND SALAR RANGE (CONT.) Specialized Staff 05 Architecture 07 Level Min. Max. Level Min. 01 $12.00 $20.00 01 $12.12 02 $14.13 $23.00 02 $13.67 03 $16.38 $28.00 03 $15.52 04 $18.92 $33.00 04 $17.83 05 $21.87 $39.00 05 $20.19 06 $25.27 $47.00 06 $22.85 07 $29.19 $55.00 07 $25.85 08 $33.69 $66.00 08 $29.25 09 $29.48 $66.00 09 $26.19 Engineering 08 Level Min. 01 $15.92 02 $17.65 03 $19.50 04 $22.04 05 $24.92 06 $28.21 07 $32.48 08 $36.12 09 $32.94 Construction Manaeement 10 Level Min. 01 $12.63 02 $14.54 03 $16.73 04 $19.21 05 $21.98 06 $24.75 07 $28.50 08 $32.02 09 $36.46 10 $41.02 Executive Officer 16 Level Min. 01 $46.00 02 $56.00 03 $70.00 04 $83.00 05 $102.00 06 $206.00 Appendix B slw6/asFebruary 29, 2000 90104.9402 Max. $25.00 $29.00 $33.00 $39.00 $45.00 $50.00 $55.00 $70.00 $70.00 Max. $20.00 $22.00 $28.00 $33.00 $38.00 $46.00 $53.00 $61.00 $69.00 $78.00 Max. $70.00 $84.00 $104.00 $124.00 $153.00 $309.00 B-2 of 2 Administrative Business 09 Level Min. 01 $10.21 02 $12.12 03 $14.60 04 $17.19 05 $20.65 06 $24.92 07 $30.00 08 $36.92 09 $45.35 10 $55.00 Information Science 11 Level Min. 01 $13.50 02 $15.90 03 $17.85 04 $19.75 05 $22.15 06 $23.85 07 $27.15 08 $31.20 Information Technoloev 12 Level Min. 01 $9.25 02 $10.25 03 $11.25 04 $13.25 05 $14.75 06 $18.25 07 $22.15 Max. $19.00 $22.00 $26.00 $30.00 $34.00 $40.00 $47.00 $54.00 $54.00 Max. $17.00 $20.00 $24.00 $29.00 $35.00 $43.00 $54.00 $68.00 $86.00 $100.00 Max. $22.00 $25.00 $28.00 $32.00 $36.00 $41.00 $47.00 $54.00 Max. $14.00 $16.00 $18.00 $21.00 $26.00 $29.00 $35.00 S S APPENDIX C SPECIAL SERVICES City of Fayetteville Agreement for Engineering Services OWNER: City of Fayetteville PREPARED BY: Black & Veatch Corporation DATE: February 29, 2000 PROJECT NUMBER: 90104.9402 Any Work requested by "OWNER" that is not included in one of the items listed in any other phase will be classified as "Special" services. Special services shall include, but are not limited to: 1. Additional meetings with local, State or Federal agencies to discuss the Project. 2. Additional appearances at public hearings or before special boards. 3. Additional engineering Work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this Agreement. 4. Special consultants or independent professional associates requested or authorized by "OWNER". 5. Assistance with bid protests and rebidding. 6. Preparation for litigation, arbitration, or other legal or administrative proceedings; and appearances in court or at arbitration sessions in connection with bid protests, change orders, or construction incidents. 7. Additions to an engineering report to update or revise original recommendations. 8. Revisions of design, drawings, and specifications arising from Value Engineering review which cause changes in the general scope, extent or character of the project, including but not limited to changes in size, complexity, "OWNER'S" schedule, character of construction, or method of financing. C-1 Appendix C s1w6/asFebruary 29, 1999 90104.9402 f a 9. Value Engineering reviews and services. 10. Provision, through a subcontract, of land and property surveys and property descriptions, including legal property description, as required by the project. 11. Provisions, through a subcontract, of the services of a land surveyor to set horizontal and vertical controls at the site and locate existing street, road highway, utility rights -of -way and critical property corners at the site and to provide additional records on rights -of -way and property information as required. 12. Provision, through a subcontract, of the services of a title company to prepare title reports on each parcel of property on which easements or rights -of -way are required or which is to be purchased. 13. Provision, through a subcontract, of the service of a land surveyor to prepare legal descriptions for the "OWNER'S" use in acquiring required property rights -of -way and easements. 14. Provisions, through a subcontract, of a qualified appraiser to appraise the property rights -of -way and easements to be acquired, and to meet and negotiate with the property "OWNER'S" involved. 15. Engineering assistance to "OWNER" in negotiation meetings and condemnation proceedings. 16. Provision, through a subcontract, of the necessary surveying to re-establish streets to preconstruction grade, and referencing and re-establishing land surveying monuments. In easement or right-of-way areas, marking the easement of right-of-way limits. 17. Provision, through a subcontract, of aerial photography as requested or approved by "OWNER". 18. Provision, through a subcontract, of photographs or videotapes of the construction site topographic and infrastructure features along pipelines or access roads prior to starting during construction and following completion of construction. 19. Provision, through a subcontract(s), of preliminary geotechnical services and reports. 20. Provision, through a subcontract during the Design Phase, of initial geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance on tests to be made and an initial C-2 Appendix C slw6/aspcbruary 29, 1999 90104.9402 f f geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing. 21. Provision, through a subcontract, after design has proceeded to the required stage, of a final geotechnical report and additional field Work as required. 22. An environmental assessment and/or environmental impact statement as requested by "OWNER" of required by review agencies. 23. Provision, through a subcontract, of a cultural resources or archaeological study and report on the construction site. 24. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. 25. Provision, through a subcontract, of laboratory and field testing required during design, during construction, and of any special reports or studies on materials and equipment requested by "OWNER". 26. Observing factory tests and/or field retesting of equipment that fails to pass the initial test. 27. Conducting pilot plant studies and tests. 28. Visits to the construction site or to "OWNER'S" location in excess of the number of such trips and the associated time set forth in other phases. 29. Receiving wage rate information submitted by the Contractor and forward the information to "OWNER". 30. Preparation of a master construction schedule from individual schedules submitted by construction contractors, and coordination and resolution of conflicts with contractors' schedules. 31. Assistance in financially related transactions for the project. 32. Special reports requested by "OWNER" concerning facilities operation and personnel matters during the operation startup period. 33. Submittal, at the end of one year of operation of the facilities, of a report to "OWNER" either certifying that the plant complies with its NPDES permit or stating the reasons for noncompliance, including recommendations for placing the plant in compliance. 34. Where field conditions differ from the conditions indicated in the construction contract documents or soil boring reports, preparing sketches of construction C-3 Appendix C slw6/asFebruary 29, 1999 90104.9402 r� S S work for approval by "OWNER", 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. 35. Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor, and services after the award of each contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 36. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 37. 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) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 38. Services in connection with partial utilization of any part of the project by "OWNER" prior to Substantial Completion which requires the Resident Project Representative to work additional hours or requires employment of additional onsite personnel. 39. Evaluation of unusually complex or unreasonably numerous claims submitted by the Contractor or others in connection with the work. 40. Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor or others in connection with the work. 41. Changes in the general scope, extent, or character of the project, including, but not limited to: Changes in size or complexity. b. "OWNER'S" schedule, design, or character of construction. c. Method of financing. d. Revision of previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies, reports, documents, or designs; or are required by any other causes beyond "ENGINEER'S" control. Appendix C slw6/as Febmary 29, 1999 90104.9402 C-4 FAYETTEV1tLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE February 29, 2000 772 To: Fayetteville City Council From: Don Bunn, Assistant Public Works Director Thru: Charles Venable, Public Works Director Mayor Fred Hanna Subject: Contract for Preliminary Engineering Services Noland Treatment Plant Improvements Black and Veatch, Kansas City, Mo. The City began the procedure of engineer selection in the late spring of 1999. The attachment to this memorandum outlines the selection process beginning in late May and ending in December of 1999. The Selection Committee made the following engineer selections: 1) McGoodwin, Williams, and Yates of Fayetteville - Design services related to the new treatment plant on the west side of Fayetteville. 2) Black and Veatch of Kansas City, Missouri - Design services related to the improvements at the existing Noland Treatment Plant on the east side. 3) RJN and Associates of Dallas, Texas and McClelland Engineers of Fayetteville - Design services related to the sewage collection system. 4) Garver Engineers of Fayetteville - Design services related to the sewage collection system. The Council, at its February 1 regular meeting, approved an engineering contract with RJN of Dallas, Texas for work associated with the development of design flows and sewer line and pump station improvements in the Illinois River Basin. The amount of the contract was a not to exceed figure of $638,267.00. Attached for your review and approval is an engineering contract with Black and Veatch of Kansas City, Missouri for services related to improvements at the existing Noland Sewage Treatment Plant. The proposed contract provides for three separate work elements, the Preliminary Design Report, the preparation of detailed plans and specifications, and observation/management services during construction. A cost and detailed scope of work is given for the preparation of the Preliminary Design Report only. The cost and detailed scope of work for the other two elements will be negotiated after completion of the Preliminary Design Report. Scope of Work: The scope of work generally involves the planning of improvements to the Noland Plant required by the split of the flow between the Illinois River Basin and the White River Basin, the evaluation of sludge treatment and ultimate disposal of sludge solids, and the assessment of existing facilities. An outline of the scope of work is given below. The detailed scope of work is given in the body of the proposed contract. 1. Project Administration and Coordination Meeting, and Public Meetings 2. Evaluation of Existing Noland Plant - This includes the determination of existing and future wastewater characteristics and the evaluation of the current capacity of the plant. 3. Evaluation of Sludge Processing Alternatives This involves the assessment of our current sludge handling practices at the plant and study and evaluation of sludge handling and disposal alternatives. 4. Conduct Facilities Assessment Make an assessment of the existing structures, process equipment and controls at the plant and make recommendations on rehabilitation or replacement of such equipment and controls. 5. Preparation of the Final Design Report Although it is not listed as a separate work item, the evaluation of odor control measures and the recommendations for odor control is an integral part of the scope of work and will be considered in all recommendations for sludge handling and other unit processes. Cost of Services: The proposed contract price is $ 359,720.00. A breakdown of the price is: 1. Salary Expense & $ 102,272.00 2. Overhead Costs (1.57) 160,566.00 3. Fixed Fee, 15% 39,426.00 4. Expenses (includes subcontracts) 57,456.00 5. Total Cost (Not to Exceed) $ 359,720.00 The total cost given above will not be exceeded without a change order being approved which also amends the scope of work. Any additional costs for this portion of the work will be computed on the same basis as the prices given above. It should be pointed out that the costs given for each of the line items of work is an estimate only and that funds can be shifted between the various work items as long as the total cost does not go beyond the not -to -exceed figure given in the contract. Staff Recommendation: The Staff believes the proposed contract price is reasonable and represents fair compensation in exchange for the work proposed to be furnished. Therefore, it is the recommendation of the Staff that the Council approve the proposed contract with Black and Veatch in the amount of $ 359,720.00. CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this _ day of 2000, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and Black & Veatch Corporation with offices located in Kansas City, Missouri hereinafter called the "ENGINEER". WITNESSETH: Whereas, the "OWNER" is planning to construct improvements at the Paul Noland Wastewater Treatment Plant (the Project); and, Whereas the "OWNER'S" forces are fully employed on other urgent wok that prevents their early assignment to the aforementioned work; and Whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the plans for the project on schedule; Now therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I - EMPLOYMENT OF ENGINEER The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II- DESCRIPTION OF THE PROJECT Plan, design and construct improvements at the existing Paul Noland Wastewater Treatment Facilities. It is anticipated that the improvements will improve plant performance, reduce operating costs, improve odor control measures and replace/upgrade critical equipment. City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 S SECTION III — INFORMATION & SERVICES The "OWNER" will furnish, free of charge, any specifications, standards, reports, plant operating data, industrial pretreatment program information, and other data and information which may relate to the project including GPS survey data. Aerial mapping data and plant operating data will be provided to the "ENGINEER" on magnetic media. SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" Item A —ADMINISTRATION, COORDINATION, AND MEETING The "ENGINEER" shall provide the following services. Task 100 — Meetings 101. Attend coordination, progress, and public information meeting as requested by the "OWNER" or required to successfully complete the work. Up to fourteen meetings are included in the project budget. Task 200 — Administration 201. Maintain such files and records as necessary to provide a historical record for the work and project billing. These files shall be maintained at the office of the "ENGINEER". 202. Provide a monthly status reports describing the work completed to date and work to be completed during the next month. Included with the report shall be a description of coordination issues which could delay the `ENGINEER". Included with the status report shall be a graphic schedule (bar chart) with activity descriptions. Item B — PROJECT INVESTIGATIONS The "ENGINEER" shall conduct the following investigations in preparation to design of the improvements to the Paul Noland Wastewater Treatment Plant. Task 100 — Develop Wastewater Characteristics 101. Make site visit to meet with "OWNER'S" representatives and collect data. 102. Analyze up to four years of historical data from the Paul Noland WWTP to determine historical flows and loads. This data will include influent data, effluent data, and operating data. From this data annual average and maximum month flow and loads will be identified. City of Fayetteville Agree. slw#6/asrebroary 29, 2000 90104.9402 0 • 103. Identify industries which discharge significant pollutant quantities to the collection system. Review industrial monitoring reports to assess the industrial loads to the plant. If monitoring reports are not available, contact industries to get discharge characteristics and flows. 104. Estimate university flow and loads using university student population. 105. Determine Noland WWTP influent characteristics based on a range of operating modes using data from the recent master plans. Key variables are 1) domestic flow and loads diverted to new Westside WWTP, 2) industrial flow and load, and 3) university flow and loads. A matrix of influent characteristics will be developed. 106. Determine Westside WWTP influent characteristics following completion of Task 105. Provide Task 105 information to McGoodwin, Williams, and Yates for their determination of these characteristics. It is anticipated that the influent characteristics to the Westside WWTP will differ from the Noland WWTP because of the lack of industry and university loads. 107. Prepare Technical Memorandum #1 describing the data collected and conclusions reached based on the data evaluated. Submit 10 copies to "OWNER" for review and comment. 108. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 109. Prepare for and attend one public information meeting if required by "OWNER". Task 200 — Evaluate Paul Noland WWTP Capacity 201. Using the influent wastewater matrix developed in Task 104, determine the minimum flow which can be treated at the Noland facility without adversely impacting operations. For this initial evaluation it will be assumed that the Noland facility is not handling solids from the Westside WWTP. Two liquid schematics will be considered: 1) existing liquid stream and 2) abandon primary treatment and operate with secondary treatment only. Combination of models will be used including BioWin and Cygnet. 202. Prepare Technical Memorandum #2 and provide 10 copies to "OWNER" for review and comment. 203. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 204. Prepare for and attend one public information meeting if required by "OWNER". City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 Task 300— Evaluate Nitrification Inhibition at Paul Noland WWTP. 301. Review historical data to determine exact times of inhibition. Compare influent and operating conditions of the years with inhibition to years without inhibition to identify any differences. 302. Meet with OMI staff to discuss periods of nitrification inhibition. 303. Meet with industries identified in Task 103 to identify operational pattern over the past four years, i.e. wasting pattern through the week, clean up operations, periods of shut down, and product changes. Determine if any industry changes coincide with process upset. 304. Review university schedule to determine any major events, i.e. semester start/stop, athletic functions, which coincide with process upset. 305. Model periods before, after and during inhibition to identify probable cause for inhibition. 306. Prepare Technical Memorandum #3 and provide 10 copies to "OWNER" for review and comment. 307. Meet with "OWNER" to review and discuss technical memorandum. Update memorandum if required and submit 10 copies. 308. Develop an action plan to handle nitrification inhibition should it reoccur in the summer of 2000 and meet with "OWNER" and OMI to discuss plan. Task 400 — Estimate Sludge Quantities 401. Determine sludge quantities from Paul Noland WWTP based on the minimum capacity identified in Task 201 without solids from Westside WWTP. Consider cases with and without primary treatment as defined in Task 201, Task 500 — Evaluate Solids Processing Alternatives. 501. Evaluate aerobic digestion, at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 200 indicate that the Noland WWTP could treat reasonable flow without primary treatment. Evaluation will include developing conceptual design criteria and digested sludge quantities. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. City of Fayclleville Agree. slw#6/asrebruary 29, 2000 90104.9402 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 502. Evaluate anaerobic digestion, at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 201 indicate that the Noland WWTP could treat reasonable flow without primary treatment. Evaluation will include developing conceptual design criteria and digested sludge quantities. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 503. Evaluate impacts of dewatering at the Noland WWTP. Up to four scenarios could be considered assuming that the results of Task 201 indicate that the Noland WWTP could treat reasonable flow without primary treatment. One option will be evaluated which considers chemical treatment for phosphorus removal. For the Westside solids, three conditions will be considered; 1) liquid transportation via pipeline, 2) truck hauling of thickened sludge, and 3) truck hauling of dewatered sludge. Cygnet and BioWin models will be used to evaluate solids handling impacts on the liquid stream process. 1) Noland WWTP solids with primary treatment. 2) Noland WWTP solids without primary treatment. 3) Regional treatment of Noland and Westside solids with primary treatment at Noland WWTP but only secondary treatment at Westside. 4) Regional treatment of Noland and Westside solids with only secondary treatment at both facilities. 504. Attend progress meeting to review and discuss results of the evaluations. 505. Prepare report chapters for Task 600. Cily of Fayetteville Agree. slw#6/as February 29, 2000 90104.9402 Task 600 — Evaluate Solids Handling and Disposal Alternatives 601. Visit the Noland Plant to observe the existing solids processing and handling unit operations and to evaluate land management practices in the region. The primary objective of the visit will be to obtain background information that may be relevant to the identification of alternatives for future biosolids management. Available operations, cost data, drawings, and reports will be collected at this time. 602. Review data and reports collected during the site visit to develop a full understanding of current operations and previous studies. 603. Utilize the estimates of raw solids quantities for the Westside plant developed by McGoodwin, Williams, and Yates, Inc. and those developed in Task 401. 604. Contact appropriate state regulators to discuss the direction of future biosolids and land management regulations. Attending one meeting with the regulators is included in this task. A review of federal regulations that could affect future biosolids management at the Noland plant will also be conducted. 605. Prepare for and conduct a screening workshop with "OWNER'S" representatives. Objectives of the workshop are to: 1) Review current biosolids processing and handling practices, previous Facility Plan conclusions and recommendations, and City objectives for processing and disposal of biosolids. 2) It is anticipated that the primary outlets for the City's biosolids will consist of land application of a Class B biosolid product, distribution of a heat dried product, and distribution of a composted product. During the workshop, technologies to achieve Class B, as well as the various drying and composting technologies, will be discussed. The technologies of most interest to the City will be identified for further evaluation. 3) Formulate rio more than four system alternatives for detailed evaluation. Each alternative will address: 1) processing and handling of only Noland plant solids, and 2) processing and handling of both Noland and Westside plant solids at the Noland plant. A separate evaluation of solids management for only the Westside plant solids will be conducted by McGoodwin, Williams, and Yates, Inc. 4) Establish non -cost factors to be used in the evaluation of alternatives. 606. Utilize the services of a specialty subcontractor to assess the opportunities and obstacles for the distribution of biosolids-derived products. The subcontractor and subcontract developed in connection with this task shall be subject to the approval of the "OWNER". Any such subcontract shall become a part of this Agreement. The assessment will include up to 4 types of biosolids products. It is anticipated these will include three types of Class A products and a Class B stabilized biosolid product suitable for land application. The area to be included in the assessment will vary based on the economical haul distance for the type of product produced. The assessment will include a combination of telephone and in -person interviews with City of Fayetteville Agree. slw#6/asFcbruary 29, 2000 90104.9402 9 •. prospective product users and others with knowledge of the local agricultural community and practices. Projected revenue for each type of product considered in the assessment will be provided. A brief written report will be prepared, summarizing the findings and conclusions from the assessment. 607. Perform an evaluation of the system alternatives based on both cost and non -cost considerations. Cost considerations will include present worth values (or 20 year life -cycle costs) for each alternative. Order -of -magnitude opinions of construction and operations and maintenance costs will be prepared for each alternative. The non -cost factors used in the evaluation will be developed jointly by the "OWNER" and "ENGINEER" in Task 605. 608. Meet with City representatives to discuss preliminary conclusions from the technical evaluation and market/outlets assessment and develop a consensus on the approach to be used for future biosolids management. 609. Accompany "OWNER'S" representatives to visit 2 installations using different technologies. The site visits will be used to help confirm technology selection and to identify key considerations for facility design and operation. Costs will be dependent on sites to be visited. The ENGINEER's budget includes the ENGINEER's travel cost and time for these site visits. 610. Prepare a draft Project Development Report summarizing the project development activity and submit 10 copies to the "OWNER" for review and comment. The basis of the report will be the guidance received from the "OWNER" at the Results Workshop and information from any site visits. Included in the report will be an implementation plan for the preferred biosolids management option including a refined opinion of costs for budgeting purposes. Incorporate changes, if needed, based on the review comments and submit 10 copies of a final Project Development Report. 611. Prepare for and attend one public information meeting if required by "OWNER". Task 700 — Conduct Facilities Assessment 701. Conduct a project initiation meeting to clarify "OWNER"s requirements for the Project, review pertinent available data, review project staffing and organization, present initial work plan, and present initial work schedule. A Data Request Letter and a Basis for Assessment Letter will be transmitted to "OWNER" prior to this initiation meeting. 702. Evaluate results of the initial meeting, review status of data received, and submit a written request for additional data required for the Project. City of Fayetteville Agree. slwp6fasrebruary 29.2000 90104.9402 • 0 703. Review Existing Facilities Data l) Review existing drawings, specifications, and other information obtained from "OWNER". 2) Prepare a preliminary inventory of structures, instrumentation and control equipment, and all process equipment including major valves (6" and greater) with actuators and gates, electrical panels, chemical feed equipment, motor control centers, switchgear, and major HVAC equipment. 3) Submit the preliminary inventory to "OWNER" for review and comment. 4) Revise the preliminary inventory based upon "OWNER'S" comments. 704. Investigate Existing Facilities 1) Conduct a site visit of the wastewater treatment plant. This site visit will be a conducted by a multi -disciplined team to verify the preliminary inventory, to visually assess the physical condition of the structures, the electrical and mechanical equipment, the instrumentation equipment, and to discuss the facility with the plant maintenance personnel. This information will be used to determine the recommended rehabilitation and the remaining useful life of the structures and equipment. 2) Modify and expand the Inventory List based upon data gathered during the site visit. The equipment listing will indicate the equipment tag number, location, and year installed. The structure evaluation would indicate the year constructed, current physical defects, and possible current code deficiencies based on the codes in effect at the time of construction and the present codes X including ADA compliance at the operation's building. The listing would also include comments from the operations and maintenance staff detailing the reliability of the equipment. 3) Submit the Inventory List to "OWNER" for review and comment. 4) Revise the Inventory List based upon "OWNER'S" comments. 705. Prepare Report 1) Expand the Inventory List to identify equipment replacement/rehabilitation recommendations and structure rehabilitation and upgrade recommendations. A cost opinion for the equipment recommended for replacement and structure rehabilitation and upgrades will be provided. No effort will be made to prioritize the recommended work. 2) Prepare a report summarizing the efforts in developing the Inventory List and the results of the structure investigation. Include the Inventory List as an appendix to the report. 3) Submit 10 copies of the draft report to the "OWNER" for review and comment. 4) Meet with "OWNER" to discuss comments and revise report and submit 10 copies of the final report to the "OWNER". City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 Task 800— Preliminary Design Report The work as described in Tasks 100 through 700 will be consolidated into a single Preliminary Design Report which will contain all recommendations and cost estimates. Ten (10) copies of the final Preliminary Design Report shall be delivered to the "OWNER" as a final work product. Item C - PROJECT DESIGN The "ENGINEER" shall be prepared to design the improvements which are authorized by the "OWNER" following completion of Section IV, Item B — PROJECT INVESTIGATIONS. The project will be designed and constructed to meet water and sewer standards in accordance with the "OWNER'S" Water and Sewer, and other related Standards. Construction specifications shall be based on latest special provisions and City of Fayetteville Specifications relating to the design of this project. The design concept with regard to water and sewer relocations, geometric, detours, right-of-way, utility easements, and other related items shall be submitted by the "ENGINEER" (in the form of a Preliminary Engineering Assessment) and approved by the "OWNER" prior to beginning design work. The "ENGINEER" shall provide all field survey data from field work for designing the project and this shall be tied to the "OWNER'S" GPS control network. The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating geotechnical or any other form of data necessary for the design of this project. The "ENGINEER" shall furnish plans to all utility companies affected by the project and if necessary, shall conduct a coordination meeting among all affected utility companies to enable them to coordinate efforts for the necessary utility relocations. This coordination meeting will take place at the City Engineer's office. During the final "design" phase of the project, the "ENGINEER" shall conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, cost estimates, make final field inspection with "OWNER", make any needed plan changes as a result of the final field inspection and all other work required to advertise and receive bids. "ENGINEER" shall have no liability for defects in the Services attributable to "ENGINEER'S" reliance upon or use of information, data, design criteria, drawings, specifications, or other information furnished by "OWNER" or third parties retained by "OWNER": ' City of Fayetteville Agree. slw#6/asfebruary 29.2000 90 104 .9402 SECTION V — COORDINATION WITH "OWNER" The "ENGINEER" shall hold conferences throughout the investigation and design of the Project with representatives of the "OWNER" to the end that the investigation and design, as perfected, shall have full benefit of the "OWNER'S" knowledge and be consistent with the current policies and construction practices of the "OWNER". The "OWNER" reserves the right to accept or reject any or all investigation plans, but this stipulation will not relieve the "ENGINEER" of responsibility for the design of the Project. SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the "OWNER'S" City Engineer's office. SECTION VII — CONCEPT AND PRELIMINARY SUBMISSION The "ENGINEER" shall submit ten (10) copies of each independent investigation for review and comment. The "ENGINEER" shall submit two (2) sets of design concept plans, two (2) sets of preliminary plans and three (3) sets of the final plans for field inspections. SECTION VIII - FINAL SUBMISSION The final submission of Item B services shall consist of ten (10) copies of the Preliminary Design Report. The final design submission for the construction contract shall consist of the following: A. One (1) copy of design calculations. "OWNER" agrees to purchase approximate software if required to evaluate `ENGINEER'S" calculations. B. Three sets of final plans, contract documents, and specifications. C. The originals of all drawings, specifications, and contract documents. All design drawings on magnetic media shall be submitted on disks compatible with AutoCAD Release 12 software. D. The estimated cost of construction and a detailed estimate of time in calendar days required for completion of the contract. 10 City of Fayetteville Agree. slw#6fasFebruary 29, 2000 90104.9402 SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND "CONSTRUCTION" PHASES During the "Bidding" phase of the project, the "ENGINEER" shall provide all engineering and administrative services needed to obtain bids for the construction project, evaluate the bids, and consult with and advise the "OWNER" as to the acceptability of the best bidder. During the "Construction" phase of work, the "ENGINEER" shall provide administrative and engineering services including resident construction observation services to determine whether the Contractor has met the requirements of the design plans and specifications. The "ENGINEER" shall review the Contractors progress payment requests based on the actual quantities of contract items completed and accepted, and shall make a recommendation to the "OWNER" regarding payment. SECTION X - SUBCONTRACTING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER", "except that it may be subcontracted without such approval to a related entity, an affiliate or wholly owned subsidiary of "ENGINEER." SECTION XI — TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete "Items A&B" services within 200 calendar days. The above completion time is predicated upon the fact that the "OWNER" will cause to be processed approvals of interim work in an expeditious manner 15 days per submittal. SECTION XII — FEES AND PAYMENTS A. "Items A & B" Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the Project, plus payroll additives and general overhead costs at 157 % of direct labor costs, plus direct reimbursable expenses, plus a fixed fee which are payable as follows: 11 Cily of Fayetteville Agree. slw#6/asFcbruary 29, 2000 90104.9402 I • "Salary, payroll additive and general overhead costs shall not exceed: $262,333 2. Fixed fee $ 39,426 3. Reimbursable expenses shall not exceed $ 57,456 4. Total costs of services shall not exceed $359,720 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. "The breakdown of costs between the various work tasks are given in Appendix "A" as a convenience and is not intended to set a maximum cost for any of the work tasks. Costs may be transferred from one work task to another so long as the maximum cost as given above is not exceeded." Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish and the "OWNER" 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 the "OWNER" 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. Appendix "B" covers the classification of personnel and.the salary rate for all personnel to be assigned to this project by the "ENGINEER". "Invoices shall be submitted to the City for on a monthly basis. The City will make every effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed." Final payment for "Items A&B" services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of services. B. "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of _ % of direct labor costs, plus reimbursable expenses, plus a fixed fee which are payable as follows: 1. "Design" phase services, "surveying services" and preparation of the Ownership Map/Utility Easements Plan Costs not to exceed: 2. Fixed fee for "Design" services: 12 City of Fayetteville Agree. stw#6/asFebruary 29, 2000 90104.9402 To be negotiated To be negotiated S C. D. Engineering contract amount for "Design" phase Services not to exceed: To be negotiated The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish the "OWNER" 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 the "OWNER" 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. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "ENGINEER". Final payment for Design services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. "Bidding" Phase Services: For "Bidding" phase services rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of % of direct labor costs, plus direct reimbursable expenses, plus a fixed fee which are as follows: 1. "Bidding" phase services costs not to exceed: To be negotiated 2. Fixed fee for "Bidding" services: To be negotiated 3. Engineering contract amount for "Bidding" phase services not to exceed: To be negotiated Final payment for "Bidding" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Bidding" phase of the project. "Construction" Phase Services: For "Construction" phase services rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of salary costs for work -time directly connected with the project, plus payroll additives and general overhead costs of % of direct labor costs (plus direct reimbursable expenses associated with the 13 City of Fayetteville Agree. 51w#6/asFebruary 29, 2000 90104.9402 • project), plus a fixed fee which are as follows: 1) "Construction" phase services costs not to exceed: 2) Fixed fee for "Construction" phase services: 3) Engineering contract amount for "Construction" Phase services not to exceed: (Based upon an assumed construction period not to exceed To be negotiated To be negotiated To be negotiated days.) The basis for this estimate is Appendix _. The "ENGINEER" shall invoice the "OWNER" monthly for construction phase services, and the final payment for "Construction" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Construction" phase of the project. E. "Geotechnical Investigation" Services: For geotechnical investigation services associated with design, the "OWNER" shall pay the "ENGINEER" on the basis of hourly rates and unit prices set forth in Appendix a fee, not to exceed $ . The basis of this upper limit and justification for the fee is contained in Appendix _ attached hereto. F. "Special" Services: "Special" Services are described in APPENDIX "C". SECTION XIII — CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed within a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, price of fees. Any claim by the "ENGINEER" for adjustment under this clause must be asserted with thirty (30) days from the date of receipt by the "ENGINEER" of the notification of 14 City of Fayetteville Agree. slw#6JasFebruary 29, 2000 90104.9402 change; provided, however, that the "OWNER" if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the contract as changed. SECTION XIV - OWNERSHIP OF DOCUMENTS Al] documents, including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of the "OWNER". The "ENGINEER" may retain reproduced copies of drawings and copies of other documents. "Engineering documents, drawings, and specifications prepared by "ENGINEER" as part of the Services shall become the property of "OWNER" when "ENGINEER" has been compensated for all Services rendered, provided, however, that "ENGINEER" shall have the unrestricted right to their use. "ENGINEER" shall, however, retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of "ENGINEER". "Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. "ENGINEER" makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern." SECTION XV — POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement — Should the "OWNER", for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER", who will immediately suspend work. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B. Cancellation — Should the "OWNER", for any reason whatsoever, decide to cancel or terminate the use of the "ENGINEER'S" service, the "OWNER" will give written notice thereof to the "ENGINEER", who will immediately terminate the 15 City of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. The "ENGINEER" shall turn over all data, charts, survey notes, figures, drawings, and other records or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed and for reasonable termination expenses. SECTION XVII - MISCELLANEOUS PROVISIONS Dispute resolution — Any dispute concerning a question of fact in connection with the work and having a financial value of $10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 shall be subject to mediation in accordance with the Construction Industries Mediation Rules of the American Arbitration Association. 2. Responsibility for Claims and Liability — The "ENGINEER" shall save harmless the "OWNER" from all claim and liability due to its (the "ENGINEER'S") negligent activities, or those subcontractors, its agents, or its employees during the time this contract is in force. In the event such liability, claims, actions, causes of action or demands are caused by the joint or concurrent negligence of more than one party, such liability shall be borne by each party in proportion to their own fault. General Compliance with Laws — The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "ENGINEER" shall be a professional "ENGINEER", licensed in the State of Arkansas. 4. "ENGINEER" Endorsement — The "ENGINEER" shall endorse and recommend all plans, specifications, estimates and engineering data finished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS INCLUDED IN THIS AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. 5. Opinions of Cost and Schedule - Since "ENGINEER" has no control over the cost of labor, materials, or equipment furnished by others, or over the 16 City of Fayelieville Agree. slw#6/asFebruary 29. 2000 90104.9402 • . • resources provided by others to meet Project schedules, "ENGINEER'S" opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional "ENGINEER". "ENGINEER" does not guarantee that proposals, bids, or actual Project costs will not vary from "ENGINEER's"cost estimates or that actual schedules will not vary from "ENGINEER"s projected schedules. 6. Waiver of Subrogation - The parties waive any and all rights against each other, including their rights of subrogation, for damages covered by property insurance during and after the completion of the services. If the services extend to the construction phase of this Project, a similar provision shall be included in all construction contracts, subcontracts and supply agreements entered into by the "OWNER" and shall protect the "OWNER" and "ENGINEER" to the same extent. 7. No Consequential Damages - To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, consequential, punitive or exemplary damages resulting from the performance or non- performance of this Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability of the party so released or whose liability is so limited and shall extend to the officers, directors, employees, licensors, agents, subcontractors, vendors and related entities of such party. SECTION XVIII — SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other except that it may be assigned without such consent to the successor of either party, or to a related entity, an affiliate or wholly owned subsidiary of either party. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XIX — COVENANT AGAINST CONTINGENT FEES The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER", to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the "ENGINEER", any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. 17 Cily of Fayetteville Agree. slw#6/asFebruary 29, 2000 90104.9402 For breach or violation of this warranty, the "OWNER" shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first herein written. CITY OF FAYETTEVILLE Mayor ATTEST: City Clerk 18 City of Fayetteville Agree. slw#6/asFebwary 29, 2000 90104.9402 ENGINEER Black & Veatch Corporation Name of the Firm Authorized Representativ APPENDIX A - ENGINEERING COST BASIS CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES OWNER: City of Fayetteville, Arkansas ENGINEERING FEE PREPARED BY: Black and Veatch Corporation DATE: March 1, 2000 PROJECT NUMBER: 90104:9402 ITEM A AND B SERVICES (See attached work sheets) TASK DESCRIPTIONS 100 Develop Wastewater Characteristics 200 Evaluate Noland Plant Capacity 300 Evaluate Nitrification Inhibition 400 Estimate Sludge Quantities 500 Evaluate Sludge Processing Alternatives Estimate Cost for salary, payroll additive and general overhead $61,675 600 Evaluate Solids Handling and Disposal Alternatives Estimate Cost for salary, payroll additive and general overhead $78868 700 Facilities Assessment Estimate Cost for salary, payroll additive and general overhead $75716 800 Preliminary Design Report Estimate Cost for salary, payroll additive and general overhead $3,968 Administration, Meeting, and Coordination Estimate Cost for salary, payroll additive and general overhead $42,611 Total Estimated Cost for salary, payroll additive and general overhead $262,838 Fixed Fee 39,426 Reimbursable Expenses 57,456 Total Not to Exceed Billings for Items A & B $359,720 Fayetteville, Arkansas I r • ENGINEERING FEE ESTIMATE OWNER: Cary W F.Ye11eMM, Ark.,,.. ENGINEER: BIMk{ Veracb Cmporltlon DATE: Mhrclr 1, 2800 PROJECT NUL'9EP: 90104.0402 PROIECTOESCRIPTION: PrvlNdsrrtl YN]TP lmpreremeMs ADMINISTRATION, MEETINGS, AND COORDINATION LABOR COSTS PROJECT OFFICE RESIDUALS GROUP PROCESS GROUP flit PIC PM PE DE OE TECH OFFSER I DW PE SE Tx OFFSER • DIR PE SE TECH OFFSER WwhCWe A A A A A A L • B B B B B • C C C C C Prof kA 1610 06 0008 0®3 002 0106 0206 •am 0305 OWJ 0406 026 • 6 0S CPA] 0546 OMS MaLIw pyroAMeel 3e• 18 16 4 CawdnuBm MM neat a 64 • 60 12 2 Progress Medic, 5 meal 5 8< • 8e Pr PDminbrMion 0momM tlurell 27 ' 18 9' Pr essr 27 • 0 16 S Pr* &AeduI 12 • 0 8 F,gaSflewds L 10 • 20 0 PWkM 3 Meestn Fe elleeile Be 48 18 Commdw FM DeielminAson 0 Cowdine11m MM'S as 32 32 16 Tow by Row. his 512 Total by CS, hrs • 512 • IB00 28100 16.0 0.00 00 0.06 13100 • 000 32.00 0.0 000 00 L 000 28M 0.0 000 0.0 Sary RsIm.$XP3 5500 5000 35.00 26.0 22.03 1803 1300 • 40.0 3800 2300 IBCO 1300 I 3800 26.00 36.0 1000 130] Tdy Say Cyl lector $000 $1120 $54 SO 50 $0 $I,]M 0 51216 50 $8 $0 $0 $728 $0 $0 $0 Total Sab 56.560 'Total Say IewecMds@1,5> $42.611 REMIBURSABLE EXPENSES Wit Spa' Ot ntGF Cwt UCA S General Er MLo.1 ].50 512 0,&0 cocrpjlet ATn� PBMo G Parcel Pot L Dkt Plrwn Cab Postage In lwa re Ldyn SU ks. PbolQginphs. etc Swnn TwelE Car Rmyl is @Motl day ]5 2B $210 Meets 12 tps I p.1500.5 meat Irl ee 8 0 N0 Meals Irl ,2 pcople.10 meat r0 m 8 510 Lotl 12 lris I on 12 65 12 570 Lodz e.2 65 4 $20 TOW RnTtUT,8SS Epenses 080 SUBOMRY TWISab ewmeeds $42All Total RSTth1Jr,aSoE mes $7,620 SWMtru" s 0 SNMNvdm ri rkU @ 5% 0 SUMoiel SSU23i Fixed Fee@15%ol TOMSab wttMetls 0.392 TOTAL COST ESTIMATE for PROJECT ADMINIST11AT10N, MEETIXOS,{COORDINATION $58.822 Faye e+le, Ark SrIN035AM , r • ENGINEERING FEE ESTIMATE OWNER: City of Fayetteville, Arkansas ENGINEER: Black A Veatch Corporation DATE: March 1, 2000 PROJECT NUMBER: 901049402 PROJECT DESCRIPTION: Paul Noland WWSP improvements PROJECT INVESTIGATIONS TASKS 100, 200, 300, 400 end 5011 LABOR COSTS PROCESS GROUP Tab Director Sr. Process Lead Staff Tech Vice Pies Spedelbts Process Process Work Code Engr Engr Category 1630 0809 0805 0802 0406 Total. Hrs Johnson Barnard Cfldy WL Task 100- Develop Wastewater Chareclerislla 101 Soaping Meetin� end colts data 12 12 102 Maiyze historical date be 4 16 40 103 Determine Industrial dharadetbtics and loads 32 16 16 104 Determine university charededstics and beds 16 4 12 105 Determine Noland Plant wastewater characteristics 1B 2 B 6 106 Detannine Westalde wastewater charadedatice y M 0 1 0 Prepare Technical Memorandum 0 108 Discuss Findings at Progress Meeting 12 12 109 Prepare for end attend one public Informalion meet) 20 16 4 Task 200- Evaluate Noland Plant C ac 201 Develop c maalx based on ww char 52 4 16 32 202 Prepare Technical Memorandum 38 B 24 6 203 Discuss FindIngs at P,oarass Meeting 12 12 204 Preps. for end Attend Public Information Meeting 12 12 Task 300 -Evaluate Nitrification Inhibition 301 Review historical data 40 16 24 302 Dscuss nitrification IMIMtion with OMI 24 B 16 303 Deter Ina lndusty operation petlems 40 40 304 IdeMifty unIversIty functions which influence loads 12 12 305 Modes 48 8 40 306 Prepare Technical Memorandum 54 4 4 40 6 307 D'emtss Findings al Progress Meeting 12 12 308 Nlkficatlon inhibition plan of action 20 4 16 Task 400 - Estimate Sludge Quantities 401 Delennine sludge quantities for Noland 12 4 8 0 Task 500 -Evaluate Sludge Processing Alternatives 0 501 Evakale aerobic dieslion 36 12 24 502 Evaluate anaerobic digestion 36 12 24 503 Evaluate heat d i dewata 36 12 24 504 Prepare report ch ter, for Task 600 44 4 16 16 8 505 Dswss Findin at Progress Meeting 12 12 TotalTotalbyRowlirs 710 Total by Cal. hrs 710 54 4 400 232 20 Salary Rate Stu 2000 0 $67 $67 $35 $25 $15 Total SaJwy Cost by Labor Category $3,629 $269 $14000 $5,800 $300 Total Sa $23998 Total Salary lus overheads @1.5) $61675 REIMBURSABLE EXPENSES Unit S per Quanhily Cost Unit General EExpenses Per labor hr $).50 710 $5,325 computer autographic Photo CA es Pose Long Distance Phone Calk Parcel Post In House Re oductlon Suppios, Photographs. eta Scanning Travel Expenses 1 6 meetings) lust public kdotmallon meeting Car Rental 3 separate trips us pini @2 dey, each do $)5 a $600 Travel Meals as $8 40 3320 Lodging night $65 7 $455 Total Reimbursable Expenses $66•)00 SUMMARY Total Salwy us overheads $61,6)5 Total Reimbursable Expenses $6,700 Subeontradms $0 Subcontractor at @5% 30 swrotat 568,3)5 Feed Fee @15% at Total Salary us overheads $9,251 ESTIMATED COST for TASKS 100,200,300,4008300 $77,627 Feyettedlle, Arkansas I 311/00935 AM II I ENGINEERING FEE ESTIMATE OWNER : City of Favettevllle, Arkansas ENGINEER: Black & Veatch Corporation DATE: March 1, 2000 PROJECT NUMBER; 90104.9402 PROJECT DESCRIPTION: Paul Noland WWTP Improvements PROJECT INVESTIGATIONS TASK 600- EVALUATE SOLIDS HANDLING AND DISPOSAL ALTERNATIVES LABOR COSTS RESIDUALS GROUP Residuals Sr. Process Process Environ Staff Off • Title Director PM OC Pro] Engr Engr Engr Scientist Engr Tech Sery Work Code Category 0806 0606 0806 0805 0805 0803 0507 0803 0304 0208 Total hrs Coordination Meetings 2 Meetings) - 32 32 Prepare for and attend I public Information meeting in Fayetteville 16 16 601 Site Visit and Review of In ant Solids Handling 32 0 0 16 16 0 0 0 602 Evaluation of Data and Reports 56 0 0 24 32 0 0 0 603 Establish Future Solids Quantities 8 0 0 8 0 0 0 0 604 Re lal Evaluation 104 8 0 40 48 8 0 0 0 605 Screen Worksh 152 16 16 40 40 16 0 24 0 606 Markets/Outlets Assessment 16 0 0 16 0 0 0 0 607 Alternatives Evaluation 204 4 0 0 40 8 80 32 40 0 0 608 Results Worksho 64 16 0 16 8 8 16 0 0 0 609 Site Visits 44 0 0 0 40 0 0 4 610 Project Develo ment Re ort 196 4 16 16 32 56 8k032 32 611 Prepare for and Attend Public Iniormation Meeting 12 12 Total by Row, hrs 924 Total b Cal, hrs 936 8 56 32 292 16 320 80 36 Salary Rate $/hr 2000 $55 $40 $55 $35 $35 $30 $40 $15 Total Sala Costb Labor Cat o $440 $2,240 $1,760 $10,220 $560 $9,600 $3,200 $540 Total Salary $30,688 Total Salary lus overheads @ 1.57 $78,868 REIMBURSABLE EXPENSES Unit Spec 0uantit Cost Unit $ General Expensesper labor hr $7.50 936 $7,020 Computer Aul ra phis Photo Copies Parcel Post Long Disl Phone Cals Postage In house reproduction Supplies, pholographs Scanning Travel Expenses 4 client meetings. 2 coordination meetings) Car Rental (6 trips @2 days eachiperday$75 12 $900 Meals 6 tri s @ 2 das each 36 $288 Airfare and Other Ex ense for Meetin with Re ulators 1 $700 Airfare and Other Ex ense for Meetin with Unl 1 $700 Ablare and OtherE enses for Site Visits 2tri s 2 $2,300 Total Reimbursable expenses $11,908 SUMMARY Total Salary us overheads $70,868 Total Reimbursable Expenses $11.908 Subcontractors $20.000 Subcontractormark @5% $1,000 Subtotal $111,776 Fixed Fee @ 15% of Total Salary lus overheads $11,830 ESTIMATED COST for TASK 600 $123,606 Fayetteville, Arkansas 1 3/1/00+9:35 AM ,11 rt n a F ayS tl - 9 i I 5s ; ~a Dv G V € SFUfT : f ((S mg FFF 1(U1 1 n _ t+VV ii GG. - C, ten ������eeeee�eeoee�eceoeeoeee�o�e�� I9IIlIIIIUIIIIIIIIIIIIIIIIIIII 11111llIIIIIIIIIIIIIIIII111111W IIIIIl9611111II11111111111111111 1111180911!!! lll!!!I!I!l1III!!IIOEl 11111119111!!l111!!Illll!!IIl111 1111119 B I I I I I I 111111111111111111 VIII IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIll!9!IlllhIllhIIIHhIilhIIilhIII I I I I I I i 6111111111111111111111111 IIIIIa@A111111111111s111l1111111 IIHI!!IIllhIlIIUIIIIllIHIHIBlI IIIIla9111l1111111I11IIIIIIIIIlI u II!i r.I1111111Illlllllllllll . n! v vevevvvvvvvvevvvvvvvvv® IIIIISAAIIIIIIIIIIIIIIIIIIIIIIII® IIIIIa@AlllllllllllIllllllllllll® 1111119911111SIIe11IllllelllIIII I I I I I! 91111111111111111111111111 1111119!111111l1111IS1111I111111 11111811111I111111I1111111111111 VIIIS99IIIIIIIIIIIuluhlll1111m IIIII!1IIIIIIIIIIllIIIIIIIIIII 1111119 B 111111111111111111111111 VIII161111111111IIII111111IIum IIIIII I!l Il111 11111l991111I!IuII 1111119111111111111111111111111 IIIII99II11I!!IIIII9IIIIIIIIIIO 1111119!IIIIIIIIIIIIIIUIIIIIIII 111111611IIIIu 1111111111111I1m Hill! 16111111111111111111111111 1111119111111111111111111111111 111110 9 9111111 A 11111111111111111 111119911111s11IUI!II1111111II11I I111198lllllsllllllllllllllllll ENGINEERNO EEE ESTIMATE OWNER: CIIy of FayNMlls, Arkenme ENGINEER: Sink B Vulcll CwpaMbn DATE: Mirth 1. 1103 PROJECT NUMBER: 90101.9402 PROJECT DESCRIWION: PoUI NOImd WWTPImprmmeM* PROJECT INVESTIGAlION Q fl 0 0 Q 0 0 0 0 0 O 111 O®o 11a 111 : 11 c: 11 : al . 11 REIMBURSABLE EXPENSES ml Spn 0th Qaerty CW1 $ Gmnal E,�ensis rblarIt 51.50 Tl 1540 COrTI4ef Mn Pt,oioCc�3 RFCrcelP ll LorgDPhorIeOeh e In 1e do,phS Sc 5cenry Travtl EI: tl Cm Rental IT Meal 1 ersOn.5 meeb rl I _461personl — ea rM 15 5 65 1 5 1 $159 540 565 Total Renturaabk rsn 51& SUMMARY Total S.bIY plus avMlesds 13'968 Tdal Re2iturseble ersn 9havmradon $795 $0 SjbmMmdor maMt� @ 5% So ylbtOi 54763 FSS Fee 15%of Total Sabry plus 4eReaJ! 5595 ESTIMATED COST ft. PRELIMINARY OENGNREPORT $5555 FaymSlle. AM S!I/A335 M4 APPENDIX B PERSONNEL CLASSIFICATION AND SALARY RANGE City of Fayetteville Agreement for Engineering Services OWNER: City of Fayetteville PREPARED BY: Black & Veatch Corporation DATE: February 29, 2000 PROJECT NUMBER: 90104.9402 Classifications Salary Range Classifications Salary Range General Services 01 Offices Services 02 Level Min. Max. Level Min. Max. 01 $6.29 $11.00 01 $6.63 $10.75 02 $8.31 $13.00 02 $7.65 $11.50 03 $9.58 $15.00 03 $8.15 $12.25 04 $11.02 $17.00 04 $9.25 $14.50 05 $12.46 $19.00 - 05 $9.75 $15.00 06 $14.37 $23.00 06 $10.50 $17.00 07 $15.92 $26.00 07 $11.50 $19.00 08 $17.88 $29.00 08 $12.50 $22.00 Graphics 03 Technical Support 04 Level Min. Max. Level Min. Max. 01 $6.75 $12.00 01 $7.50 $12.00 02 $8.19 $14.00 02 $8.77 $14.00 03 $9.63 $17.00 03 $10.04 $17.00 04 $11.13 $20.00 04 $11.65 $20.00 05 $13.04 $24.00 05 $13.44 $24.00 06 $15.69 $29.00 06 $15.63 $27.00 07 $18.81 $37.00 07 $18.17 $32.00 08 $21.69 $45.00 08 $21.46 $39.00 09 $18.35 $45.00 09 $24.52 $48.00 B-1 of 2 Appendix B slw6/asFebruary 29, 2000 90104.9402 PERSOrL CLASSIFICATION AND SALARY RANGE (CONT.) Specialized Staff 05 Architecture 07 Level Min. Max. Level Min. Max. 01 $12.00 $20.00 01 $12.12 $19.00 02 $14.13 $23.00 02 $13.67 $22.00 03 $16.38 $28.00 03 $15.52 $26.00 04 $18.92 $33.00 04 $17.83 $30.00 05 $21.87 $39.00 05 $20.19 $34.00 06 $25.27 $47.00 06 $22.85 $40.00 07 $29.19 $55.00 07 $25.85 $47.00 08 $33.69 $66.00 08 $29.25 $54.00 09 $29.48 $66.00 09 $26.19 $54.00 Engineering 08 Administrative Business 09 Level Min. Max. 01 $15.92 $25.00 Level Min. Max. 02 $17.65 $29.00 01 $10.21 $17.00 03 $19.50 $33.00 02 $12.12 $20.00 04 $22.04 $39.00 03 $14.60 $24.00 05 $24.92 $45.00 04 $17.19 $29.00 06 $28.21 $50.00 05 $20.65 $35.00 07 $32.48 $55.00 06 $24.92 $43.00 08 $36.12 $70.00 07 $30.00 $54.00 09 $32.94 $70.00 08 $36.92 $68.00 09 $45.35 $86.00 10 $55.00 $100.00 Construction Management 10 Information Science 11 Level Min. Max. Level Min. Max. 01 $12.63 $20.00 01 $13.50 $22.00 02 $14.54 $22.00 02 $15.90 $25.00 03 $16.73 $28.00 03 $17.85 $28.00 04 $19.21 $33.00 04 $19.75 $32.00 05 $21.98 $38.00 05 $22.15 $36.00 06 $24.75 $46.00 06 $23.85 $41.00 07 $28.50 $53.00 07 $27.15 $47.00 08 $32.02 $61.0O 08 $31.20 $54.00 09 $36.46 $69.00 10 $41.02 $78.00 Information Technology 12 Level Min. Max. Executive Officer 16 01 $9.25 $14.00 Level Min. Max. 02 $10.25 $16.00 01 $46.00 $70.00 03 $11.25 $18.00 02 $56.00 $84.00 04 $13.25 $21.00 03 $70.00 $104.00 05 $14.75 $26.00 04 $83.00 $124.00 06 $18.25 $29.00 05 $102.00 $153.00 07 $22.15 $35.00 06 $206.00 $309.00 B-2 of 2 Appendix 0 slw6/asFebruary 29, 2000 90104.9402 OWNER: PREPARED BY: DATE: PROJECT NUMBER: APPENDIX C SPECIAL SERVICES City of Fayetteville Agreement for Engineering Services City of Fayetteville Black & Veatch Corporation February 29, 2000 90104.9402 Any Work requested by "OWNER" that is not included in one of the items listed in any other phase will be classified as "Special" services. Special services shall include, but are not limited to: Additional meetings with local, State or Federal agencies to discuss the Project. 2. Additional appearances at public hearings or before special boards. 3. Additional engineering Work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this Agreement. 4. Special consultants or independent professional associates requested or authorized by "OWNER". 5. Assistance with bid protests and rebidding. 6. Preparation for litigation, arbitration, or other legal or administrative . proceedings; and appearances in court or at arbitration sessions in connection with bid protests, change orders, or construction incidents. Additions to an engineering report to update or revise original recommendations. 8. Revisions of design, drawings, and specifications arising from Value Engineering review which cause changes in the general scope, extent or character of the project, including but not limited to changes in size, complexity, "OWNER'S" schedule, character of construction, or method of financing. C-1 Appendix C slw6/asFebluary 29, 1999 90104.9402 9. Value Engineering reviews and services. 10. Provision, through a subcontract, of land and property surveys and property descriptions, including legal property description, as required by the project. 11. Provisions, through a subcontract, of the services of a land surveyor to set horizontal and vertical controls at the site and locate existing street, road highway, utility rights -of -way and critical property corners at the site and to provide additional records on rights -of -way and property information as required. 12. Provision, through a subcontract, of the services of a title company to prepare title reports on each parcel of property on which easements or rights -of -way are required or which is to be purchased. 13. Provision, through a subcontract, of the service of a land surveyor to prepare legal descriptions for the "OWNER'S" use in acquiring required property rights -of -way and easements. 14. Provisions, through a subcontract, of a qualified appraiser to appraise the property rights -of -way and easements to be acquired, and to meet and negotiate with the property "OWNER'S" involved.. 15. Engineering assistance to "OWNER" in negotiation meetings and condemnation proceedings. 16. Provision, through a subcontract, of the necessary surveying to re-establish streets to preconstruction grade, and referencing and re-establishing land surveying monuments. In easement or right-of-way areas, marking the easement of right-of-way limits. 17. Provision, through a subcontract, of aerial photography as requested or approved by "OWNER". 18. Provision, through a subcontract, of photographs or videotapes of the construction site topographic and infrastructure features along pipelines or access roads prior to starting during construction and following completion of construction. 19. Provision, through a subcontract(s), of preliminary geotechnical services and reports. 20. Provision, through a subcontract during the Design Phase, of initial geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance on tests to be made and an initial C-2 Appendix C slw6/asFebruary 29, 1999 90104.9402 geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing. 21. Provision, through a subcontract, after design has proceeded to the required stage, of a final geotechnical report and additional field Work as required. 22. An environmental assessment and/or environmental impact statement as requested by "OWNER" of required by review agencies. 23. Provision, through a subcontract, of a cultural resources or archaeological study and report on the construction site. 24. Provision, through a subcontract, of archaeological consultations regarding artifacts that may be uncovered during construction. 25. Provision, through a subcontract, of laboratory and field testing required during design, during construction, and of any special reports or studies on materials and equipment requested by "OWNER". 26. Observing factory tests and/or field retesting of equipment that fails to pass the initial test. 27. Conducting pilot plant studies and tests. 28. Visits to the construction site or to "OWNER'S" location in excess of the number of such trips and the associated time set forth in other phases. 29. Receiving wage rate information submitted by the Contractor and forward the information to "OWNER". 30. Preparation of a master construction schedule from individual schedules submitted by construction contractors, and coordination and resolution of conflicts with contractors' schedules. 31. Assistance in financially related transactions for the project. 32. Special reports requested by "OWNER" concerning facilities operation and personnel matters during the operation startup period. 33. Submittal, at the end of one year of operation of the facilities, of a report to "OWNER" either certifying that the plant complies with its NPDES permit or stating the reasons for noncompliance, including recommendations for placing the plant in compliance. 34. Where field conditions differ from the conditions indicated in the construction contract documents or soil boring reports, preparing sketches of construction C-3 Appendix C slw6/asFebruary 29, 1999 90104.9402 i work for approval by "OWNER", 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. 35. Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor, and services after the award of each contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 36. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 37. 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) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. 38. Services in connection with partial utilization of any part of the project by "OWNER" prior to Substantial Completion which requires the Resident Project Representative to work additional hours or requires employment of additional onsite personnel. 39. Evaluation of unusually complex or unreasonably numerous claims submitted by the Contractor or others in connection with the work. 40. Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor or others in connection with the work. 41. Changes in the general scope, extent, or character of the project, including, but not limited to: Changes in size or complexity. b. "OWNER'S" schedule, design, or character of construction. c. Method of financing. Revision of previously accepted studies, reports, design documents, or construction contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies, reports, documents, or designs; or are required by any other causes beyond "ENGINEER'S" control. C-4 Appendix C slw6/asFebruary 29, 1999 90104.9402 40 r,4 e4s, -7-ca AGENDA REQUEST FORM Council Meeting of March 21 ,2000 FROM Don Bunn Public Works Admin Name Division Public Works Department ACTION REQUIRED A resolution approving the contract with Black and Veatch for engineering services in connection with improvements at the Noland Wastewater Treatment Plant in the amount of $359,720.00. COST TO CITY $ 359.720.00 Cost of this Request 5400 5700 5314 00 Account Number 98047-10 Project Number $ 1,926,111.00 Category/Project Budget 717,871.00 Funds Used to Date $ 1,208,240.00 Funds Remaining XX Budgeted Item Impvts to Noland Waste - Water Treatment Plant Category/Project Name Program Name Water and Sewer Fund Category Budget Adj. Attached Date Admin Services Director Date Date ADA Coordinator Date 3-/o-2aoJ Date Internal Auditor Date 3-13-oo Date STAFF RECOMMENDATION It is the recommendation of the Staff that the Council approve the contract with Black and Veatch for engineering services in connection with the Noland Wastewater Treatment Plant. 03-03-00 A 't Public Work Director Date Cross Reference Department Director Date New Item: Yes No L - 34I Prev Ord/Res # 1nservo r Date Orig. Contract # Mayor Date Orig. Contract Date Page 2 Description ��� �-�'— + V te.� Meeting Date S � 11- loo p Wnlu: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Charles Venable, Public Works Director From: Heather Woodruff, City Clerk Date: March 27, 2000 Attached is a copy of the resolution approving the agreement with Black and Veatch. I am also returning two originals for you to distribute. Your purchase requisition has been forwarded to the Yolanda Fields. The original will be microfilmed and filed with the City Clerk. cc: Yolanda Fields, Internal Auditor • •I RESOLUTION NO. 37-00 A RESOLUTION APPROVING AN AGREEMENT WITH BLACK AND VEATCH, IN THE AMOUNT OF $359,720, FOR ENGINEERING SERVICES IN CONNECTION WITH IMPROVEMENTS AT THE NOLAND WASTEWATER TREATMENT PLANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves an agreement with Black and Veatch, in the amount of $359,720, for engineering services in connection with improvements at the Noland Wastewater Treatment Plant. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21° day of Marc 2000. APPROVED: A?�n�+J Fred Hanna, Mayor ATTEST: By: `. Titus -ddb Bather Woodruff, City Clerk