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
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CROSS REFERENCE: PLAN
Date
Contents of File
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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.
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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
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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.
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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.
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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.
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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.
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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
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City of Fayetteville Agree.
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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.
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City of Fayetteville Agree.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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Black & Veatch Corporation
Name of the Firm
By Aut�Representat