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HomeMy WebLinkAbout120-02 RESOLUTIONRESOLUTION NO. 120-02 A RESOLUTION AWARDING AN ENGINEERING CONTRACT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIVE THOUSAND DOLLARS ($205,000.00) TO McGOODWIN, WILLIAMS AND YATES, INC. FOR THE WATER TRANSMISSION AND DISTRIBUTION SYSTEM MASTER PLAN STUDY; AND APPROVING AN ENGINEERING CONTRACT CONTINGENCY IN THE AMOUNT OF TWENTY THOUSAND DOLLARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby awards an engineering contract in an amount not to exceed Two Hundred Five Thousand Dollars ($205,000.00) to McGoodwirt, Williams and Yates, Inc. for the Water Transmission and Distribution System Master Plan Study. A copy of which, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of Fayetteville, Arkansas, hereby approves an engineering contract contingency in the amount of Twenty Thousand Dollars ($20,000.00). PASSED and APPROVED this 6th day of August, 2002. ����P/‘ tet- - - ✓� •'` �. n ER WOODRU ity Clerk APPROVED: By: DAN COODY, 5• 3 NAME OF FILE: CROSS REFERENCE: Resolution No. 120-02 • 08/06/02 Resolution No. 120-02 08/06/02 Agreement for engineering services / Water Transmission and Distribution System Master Plan Study with McGoodwin, Williams and , Yates, Inc. 08/08/02 Engineering Division Memo to Heather Woodruff, City Clerk, from Jim Beavers, City Engineer 07/17/02 Engineering Division Memo to Mayor Coody, thru Greg Boettcher, Public Works Director, from Jim Beavers, City Engineer 08/06/02 Copy of the Budget Adjustment Form 08/06/02 Staff Review Form 08/08/02 Memo to Jim Beavers, City Engineer, from Heather Woodruff, City Clerk NOTES: • /figs. /le- oz CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES WATER TRANSMISSION AND DISTRIBUTION SYSTEM MASTER PLAN STUDY STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this +A day of A aa GLs r 2002, by and between the City of Fayetteville, Arkansas, acting by and through its Mayor, and McGoodwin, Williams and Yates, Inc., with offices located in Fayetteville, Arkansas. WITNESSETH THAT: WHEREAS, the City of Fayetteville requires engineering services to evaluate the water transmission, distribution, storage and pumping systems of the City of Fayetteville; and WHEREAS, the City of Fayetteville requires an assessment of the system -wide improvements necessary to meet the needs of the City of Fayetteville's water customers over the next 20 years; and WHEREAS, the City of Fayetteville has selected McGoodwin, Williams and Yates, Inc. to provide the required engineering services; NOW THEREFORE, it is considered to be in the best public interest for the City of Fayetteville to obtain assistance of McGoodwin, Williams and Yates' 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 1.0 EMPLOYMENT OF McGOODWIN, WILLIAMS AND YATES The City of Fayetteville agrees to employ the McGoodwin, Williams and Yates, Inc. to perform, and McGoodwin, Williams and Yates agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the City of Fayetteville agrees to pay and McGoodwin, Williams and Yates agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished. SECTION 2.0 DESCRIPTION OF THE PROJECT The project shall consist of an engineering study of the water transmission and distribution of the City of Fayetteville. The system will be evaluated to determine the present capacity and what additional facilities should be developed and constructed to meet the needs of the next 20 years projected growth. Fy-309 - 1 of 12 . • 13.8 Identification of improvements required to serve the City of Fayetteville, including the planning area jurisdiction. This includes the transmission system necessary to supply Fayetteville from Beaver Water District. Master -metered wholesale customers that serve outlying systems will be considered as a point demand. 3.3.9 Sizing and preliminary routing of future distribution and/or transmission lines, generally requiring pipe sizes 12 inches or greater. 3.3.10 Recommendation on future major distribution lines in anticipated growth areas. 3.3.11 Evaluation of adequacy of total system storage; recommendation on the location of new storage and new booster stations as may be required. 3.3.12 Evaluate operational issues regarding the replacement of small diameter (generally less than 6 inches) and galvanized or cast iron water lines. Replacement of small diameter and substandard pipe materials will be recommended based on performance of the distribution system and suspect areas. 3.3.13 Coordination with those entities identified in Paragraph 3.3.8 above concerning projected population and water demand growth. Additionally, information developed by the City of Fayetteville regarding major industrial customers will be used in developing future demand. 3.3.14 Develop a data base management system whereby the hydraulic model constructed for the study can continuously be upgraded by city staff in -putting new facilities and demands on a regular basis. 3.3.15 A final report setting forth McGoodwin, Williams and Yates' findings, recommendations, and present-day estimates of probable cost for development of the future facilities recommended in the Master Plan Study. 3.4 The following specific items will be addressed in the analysis utilizing the model: 3.4.1 Additional or improved pressure planes will be evaluated for the following areas: • Kessler Mountain • Dinsmore Trail • Country Club Hill • Lover's Lane/Highland Park Subdivision • Ed Edwards Road • Hillcrest/Baxter 3.4.2 Dead-end lines will be evaluated for water quality and fire flows. 3.4.3 The old 14 -inch raw water line feeding the Industrial Park will eventually need replacement because of continual maintenance required on the line. The model Fy-309 - 3 of 12 • • will evaluate whether there is a need for a replacement line and what size it should be, if required, when the old 14 -inch raw water line is taken out of service. 3.4.4 Evaluate the need for storage on Highway 156 to serve the Industrial Park and Greenland. 3.4.5 Evaluate the need for additional capacity along Highway 16 East to Elkins, including the possibility of looping to the north to the existing system. 3.4.6 Evaluate the need to eliminate the large dead-end lines in locations such as the Northwest Arkansas Mall and Razorback Road. 3.4.7 Evaluate the practicality of which jurisdiction should serve the area west of Greenland (i.e., Fayetteville, Washington Water Authority, or others). 3.4.8 Evaluate the timing of the installation of the planned 24 -inch diameter line along Highway 265 from Highway 45 to Joyce. 3.4.9 Evaluate the need for a loop from Township and Highway 265 to the east. 3.4.10 Evaluate the issues of looping and operation and maintenance for both Farmington and Greenland service areas. 3.4.11 Evaluate the hydraulic impact of lining the existing 36 -inch transmission line with a smaller diameter insert. 3.4.12 Evaluate the Goshen area system and system -controlling mechanisms for regulating pressure and rate of flow. Evaluate the need for placing Goshen on the primary or a separate pressure plane. 3.4.13 Evaluate the need for additional storage for fire flows for the Goshen area. 3.4.14 Evaluate additional water transmission supply lines from the Beaver Water District, which shall include a route along the west side of Fayetteville. 3.4.15 Prepare an analysis of alternate locations for recommended major transmission lines. 3.4.16 Perform a water quality analysis to evaluate the chlorine residual and residence time of water in the system. 3.4.17 Coordinate with the University of Arkansas Physical Plant regarding existing and planned needs of the U of A water system. Fy-309 - 4 of 12 • 1 SECTION 10 SERVICES TO BE FURNISHED BY McGOODWIN, WILLIAMS AND YATES 3.1 McGoodwin, Williams and Yates shall provide at their own expense a suitable engineering staff to perform the necessary studies and evaluations and to report their findings and recommendations to the City of Fayetteville. 3.2 The Master Plan Study will include recommendations for improvements to the water distribution system and will include recommendations for: • Immediate to short-range improvements (generally less than five years). • Long-range improvements for the five to 20 year planning horizon. 3.3 The Master Plan Study will include the following: 3.3.1 The modification of a hydraulic model of the water system developed in previous studies at the current system configuration. Generally, pipes 2 inches and larger will be modeled. The system will be modeled using H2ONET by MWH Soft, Inc. 3.3.2 Geocode usage data and assign to nodes. (Geocoding assigns digital data to a location on a digital map based on data fields in the digital data base.) 3.3.3 Calibrate the hydraulic model. 3.3.4 Analysis of the water system under existing conditions (average day, maximum day, maximum instantaneous demand, and fire flow conditions). The work includes an update of the water system model utilizing latest data available from the city's records. 3.3.5 Analysis of the water system under projected conditions of population and water use for the years 2007, 2012 and 2022. McGoodwin, Williams and Yates will use the city's current master plan for projections of population and land use to locate future system demands. 3.3.6 Fire flow conditions to be analyzed shall be: Residential - 1,500 gpm in maximum of two fire hydrants. Residential fire flow demands shall be evaluated at each fire hydrant junction node in the system. Other larger fire flow demands shall be evaluated at locations directed by the City of Fayetteville. 3.3.7 Identification of low pressure areas within the system and recommendations on mitigation of low pressure (less than 45 psi) at projected demands. Fy-309 - 2 of 12 • 3.5 McGoodwin, Williams and Yates will deliver bound reports with appendices and supplemental materials which shall include maps of the system used in the study and two representative hydraulic models of: 1) the existing system, and 2) the proposed design year model in hard copy and electronic media format. The City of Fayetteville hereby recognizes and agrees that the use of such electronic media will be at the City of Fayetteville's sole risk and without any liability, risk, or legal exposure by McGoodwin, Williams and Yates. Furthermore, the City of Fayetteville shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless McGoodwin, Williams and Yates from all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the use of such electronic media. 3.5.1 Deliver a licensed copy of the modeling software to the City of Fayetteville. 3.6 After acceptance of the report by the City of Fayetteville, McGoodwin, Williams and Yates will submit a copy to the Arkansas Department of Health for their information. SECTION 4.0 INFORMATION AND SERVICES TO BE PROVIDED BY THE CITY OF FAYETTEVILLE 4.1 In connection with the project, the City of Fayetteville's responsibilities shall include, but not be limited to, the following: 4.1.1 Giving thorough consideration to all documents presented by McGoodwin, Williams and Yates and informing McGoodwin, Williams and Yates of all decisions within a reasonable time so as not to delay the work of McGoodwin, Williams and Yates. 4.1.2 Making provision for the employees of McGoodwin, Williams and Yates to enter public and private lands as required for McGoodwin, Williams and Yates to perform necessary surveys and investigations. 4.1.3 Furnishing McGoodwin, Williams and Yates such plans and records of construction and operation of existing facilities (including water usage data), or copies of same, bearing on the proposed work as may be in the possession of the City of Fayetteville. Such documents or data will be returned upon completion of the work or at the request of the City of Fayetteville. 4.1.4 Furnishing to McGoodwin, Williams and Yates, without cost, in digital AutoCad file format, the following: • The city's water map showing all current water lines in the city system. • Water atlas sheets with contour information in a separate digital file. 4.1.5 Supplying a copy of the ArcView file containing street centerlines with address ranges for the entire city. This data will be used to geocode the location of water usage for proper placement in the mode. Fy-309 - 5 of 12 • • 4.1.6 Furnish to McGoodwin, Williams and Yates a digital file of water billing information (including street address) by customer for calendar years 2000 and 2001. The data will be furnished in ASCII format in comma -delimited or fixed - length record format. 4.1.7 Furnishing pump data for all pump stations and the current control settings for the operation of these facilities. 4.1.8 Furnishing a paper copy of a map showing all closed valves in the system which delineate the various pressure planes in the water distribution system. 4.1.9 Furnishing the locations of master meters and the usage demands at these locations. 4.1.10 Providing a copy of the capital improvements plan (CIP) so that the CIP projects may be included in the model for analysis. 4.1.11 Providing assistance in pressure testing during the calibration of the hydraulic model. 4.1.12 Provide chlorine residual testing during the calibration of the water distribution system model. 4.1.13 Giving prompt written notice to McGoodwin, Williams and Yates whenever the City of Fayetteville observes or otherwise becomes aware of events which may substantially alter McGoodwin, Williams and Yates' performance under this Agreement. SECTION 5.0 COORDINATION WITH THE CITY OF FAYETTEVILLE McGoodwin, Williams and Yates shall hold conferences throughout the course of the engineering studies with representatives of the City of Fayetteville with the intent that the design, as perfected, shall have full benefit of the City of Fayetteville's knowledge and be consistent with the current policies and construction practices of the City of Fayetteville. SECTION 6.0 OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at McGoodwin, Williams and Yates' or the City of Fayetteville's office, as appropriate to the task at hand. SECTION 7.0 FINAL REPORT McGoodwin, Williams and Yates shall submit the following documents to the City of Fayetteville for review: Fy-309 - 6 of 12 • • 7.1. Ten (1 0) copies of the final engineering report. 7.2. One set of the digital water model data on a CD. 7.3. One copy of the water modeling H2ONET software from MWH Soft, Inc. 7.4 An electronic copy of the report including charts, data and graphs. The files will be delivered in one of the following electronic formats: Microsoft Word; Microsoft Excel; Microsoft Access; Microsoft Visio; or AutoCad 2002. SECTION 8.0 SUBCONTRACTING Subcontracting by McGoodwin, Williams and Yates of any of the services provided herein shall require prior approval by the City of Fayetteville. SECTION 9.0 TIME OF BEGINNING AND COMPLETION McGoodwin, Williams and Yates shall begin work under this Agreement within ten (10) days of notice to proceed. It is anticipated that the time required to complete the preliminary studies, design and preparation of preliminary design report will be approximately twelve months and is contingent on timely receipt of data from the City of Fayetteville and other parties necessary to develop analysis and design parameters. The City of Fayetteville reserves the right to set priorities for analysis of urgent needs. SECTION 10.0 FEES AND PAYMENTS In consideration of the performance of the foregoing services, the City of Fayetteville shall compensate McGoodwin, Williams and Yates as follows: 10.1 For engineering services set out under Section 3.0, payment shall be based on the actual time required to perform the work by the various classifications of employees at the hourly rates set out in Attachment 1, plus reimbursable expenses. 10.2 McGoodwin, Williams and Yates agrees to keep an accurate record of the hours of the personnel working on the project. The schedule of Hourly Rates shown in Attachment 1 will be revised on January 1 of each calendar year. 10.3 McGoodwin, Williams and Yates shall be reimbursed for expenses as hereinafter set out when the expense to be incurred is approved in advance by the City of Fayetteville's representative. Reinbursable expenses shall include: 1) travel costs when traveling outside of Northwest Arkansas in connection with the project, 2) purchase of H2ONET software to be delivered to the City of Fayetteville, 3) training for McGoodwin, Williams and Yates and/or the City of Fayetteville on the selected software, 4) rental expenses for special equipment needed for completion of the work, 5) purchase of material, and 6) other expenses directly attributable to the project, including any work performed by subcontractors. McGoodwin, Williams and Yates shall charge the City of Fayetteville for reimbursable expenses at actual cost plus ten percent (10%), except that hydraulic model Fy-309 -7of12 • software and training will be furnished at cost. The cost for reimbursable expenses under this section is estimated to be $14,000. 10.4 The estimated total compensation for the services set out under Section 3.0 is $205,000, including reimbursable expenses of $14,000. The basis of this cost estimate is shown in Attachment 2. This total compensation will not be exceeded without prior authorization from the City of Fayetteville. Subject to the City Council of the City of Fayetteville's prior approval, adjustment of this upper limit may be made should McGoodwin, Williams and Yates and the City of Fayetteville agree that there has been a significant change in scope, character or complexity of the services to be performed. It is understood and agreed that the total compensation cost ceiling does not cover unforeseen contingencies such as litigation or other events not normally anticipated. 10.5 The breakdown of costs between the various work tasks as given in Attachment 2 is 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. Billing shall be submitted monthly and shall include all costs accrued plus reimbursable expenses. The City of Fayetteville will make every effort to approve and pay such invoices within 30 days of the date of the invoice. SECTION 11.0 CHANGES The City of Fayetteville 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. 11.2 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and/or the City Council in advance of the change in scope, cost or fees. 11.3 Any claim by McGoodwin, Williams and Yates for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by McGoodwin, Williams and Yates of the notification of change; provided, however, that the City of Fayetteville, 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 14.0 - MISCELLANEOUS PROVISIONS, (1) Dispute Resolution. However, nothing in this clause shall excuse McGoodwin, Williams and Yates from proceeding with the contract as changed. Fy-309 - 8 of 12 • • SECTION 12.0 OWNERSHIP OF DOCUMENTS 12.1 Engineering documents, including drawings, prepared by McGoodwin, Williams and Yates as part of the services, shall become the property of the City of Fayetteville when McGoodwin, Williams and Yates has been compensated for all services rendered, provided, however, that McGoodwin, Williams and Yates shall have the unrestricted right to their use. McGoodwin, Williams and Yates shall, however, retain its rights in its standard drawing details, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the services shall remain the property of McGoodwin, Williams and Yates. 12.2 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. McGoodwin, Williams and Yates makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. SECTION 13.0 POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the City of Fayetteville will have the right to suspend or cancel the work at any time. 13.1 Postponement. Should the City of Fayetteville, for any reason whatsoever, decide to postpone the work at any time, the City of Fayetteville will notify McGoodwin, Williams and Yates, who will immediately suspend work. Should the City of Fayetteville decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be canceled as hereinafter provided. 13.2 Cancellation. Should the City of Fayetteville, for any reason whatsoever, decide to cancel or to terminate the use of the McGoodwin, Williams and Yates' service, the City of Fayetteville will give written notice thereof to McGoodwin, Williams and Yates, who will immediately terminate the work. If the City of Fayetteville so elects, McGoodwin, Williams and Yates may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. McGoodwin, Williams and Yates 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 McGoodwin, Williams and Yates' services, McGoodwin, Williams and Yates shall be paid for the work completed to the time of termination and for reasonable termination expenses. SECTION 14.0 MISCELLANEOUS PROVISIONS 14.1. Dispute Resolution. In an effort to resolve any conflicts that arise during the development of the Project or following the completion of the Project, the City of Fayetteville and McGoodwin, Williams and Yates agree that all disputes between them arising out of or Fy-309 - 9 of 12 • • relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The City of Fayetteville and McGoodwin, Williams and Yates further agree to include a similar mediation provision in all agreements with independent contractors and consultants (if any) retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers or fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. 14.2. Responsibility for Claims and Liability. McGoodwin, Williams and Yates shall save harmless the City of Fayetteville from all claim and liability due to its (McGoodwin, Williams and Yates') 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. 14.3. General Compliance with Laws. McGoodwin, Williams and Yates shall endeavor to comply with federal, state and local laws and ordinances applicable to the work. The project engineer shall be a professional engineer, licensed in the State of Arkansas. 14.4. Engineer's Endorsement. McGoodwin, Williams and Yates shall endorse and recommend engineering data furnished by it. All work shall be checked in accordance with accepted engineering practices. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS INCLUDED IN THIS AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. 14.5. Opinions of Cost and Schedule. McGoodwin, Williams and Yates has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet project schedules. Therefore, McGoodwin, Williams and Yates' opinion of probable costs and of suggested project schedules shall be made on the basis of experience and qualifications as a professional engineer. McGoodwin, Williams and Yates does not guarantee that proposals, bids, or actual project costs will not vary from McGoodwin, Williams and Yates' cost•estimates or that actual schedules will not vary from McGoodwin, Williams and Yates' projected schedules. 14.6. 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 City of Fayetteville and shall protect the City of Fayetteville and McGoodwin, Williams and Yates to the same extent. 14.7. 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 Fy-309 - 10 of 12 • • 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. 14.8. Arkansas Freedom of Information Act. McGoodwin, Williams and Yates agrees that it will provide to the City of Fayetteville, at a cost to be agreed upon, all documents in its possession that are, under this Agreement, the property of the City of Fayetteville and which the City of Fayetteville believes to be subject to an Arkansas Freedom of Information Act request made to it, or, in anticipation of such a request, which it believes necessary for it to possess. McGoodwin, Williams and Yates further agrees that it will request of all subconsultants, retained by McGoodwin, Williams and Yates to perform services under this Agreement, to provide to the City of Fayetteville, at a cost to be agreed upon, all documents in the possession of such subconsultants that are, under this Agreement, the property of the City of Fayetteville and which the City of Fayetteville believes to be subject to an Arkansas Freedom of Information Act request made to the City of Fayetteville, or, in anticipation of such a request, which it believes necessary for the City of Fayetteville to possess. McGoodwin, Williams and Yates will produce all documents or material in the format that are kept by McGoodwin, Williams and Yates, or at the option of McGoodwin, Williams and Yates, in some other format. If a specialized format is requested by the City of Fayetteville, the cost of conversion, if that additional responsibility is accepted by McGoodwin, Williams and Yates, will be borne by the City of Fayetteville at the then -prevailing rates for the parties actually performing the conversion. McGoodwin, Williams and Yates agrees to use due diligence to comply with all the requirements of the Arkansas Freedom of Information Act. Nothing in this Agreement shall constitute an acceptance of McGoodwin, Williams and Yates or its subconsultants to the application of the Arkansas Freedom of Information Act to McGoodwin, Williams and Yates or its subconsultants or to McGoodwin, Williams and Yates' or subconsultant's books, records, drawings, or other items not constituting the property of the City of Fayetteville under this Agreement, nor a waiver of its rights to object to any requests made to it pursuant to the Arkansas Freedom of Information Act by any person or entity not a party to this Agreement. SECTION 15.0 SUCCESSORS AND ASSIGNS The City of Fayetteville and McGoodwin, Williams and Yates each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither the City of Fayetteville nor McGoodwin, Williams and Yates 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 or 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. Fy-309 - 11 of 12 r • • SECTION 16.0 COVENANT AGAINST CONTINGENT FEES McGoodwin, Williams and Yates warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for McGoodwin, Williams and Yates, 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 McGoodwin, Williams and Yates, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City of Fayetteville shall have the right to annul this contract without liability. SECTION 17.0 INSURANCE McGoodwin, Williams and Yates agrees to maintain standard insurance policies through the life of this Agreement, including Workers' Compensation in accordance with the statutory requirements of the State of Arkansas, comprehensive general liability, automobile liability, and professional liability with a limit of $1,000,000. SECTION 18.0 STANDARD OF CARE Services provided by McGoodwin, Williams and Yates under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. SECTION 19.0 LIST OF ATTACHMENTS The following attachments are hereby made a part of this contract: Attachment 1 Attachment 2 MWY 2002 Schedule of Classification and Rates - Estimate of Engineering Costs 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, ARKANSAS McGOODWIN, WILLIAMS AND YATES, INC. B Carl Yates, Pres ATTEST: oodruff, City Cl es C. U mer, e -President Fy-309 - 12 of 12 o 0 ATTACHMENT 1 TO AGREEMENT FOR ENGINEERING SERVICES SCHEDULE OF CLASSIFICATIONS AND RATES FOR 2002 Classification Hourly Rate Engineer 6 $142.00 Engineer 5 123.00 Engineer 4 108.00 Engineer 3 91.75 Engineer 2 61.50 Engineer 1 57.75 Architect 2 $ 87.50 Architect 1 78.50 Technician 5 $ 79.25 Technician 4 71.25 Technician 3 57.00 Technician 2 46.25 Technician 1 32.50 Admin 4 $ 65.50 Admin 3 46.75 Admin 2 29.25 Admin 1 22.00 GPS Surveying Equipment (when utilized) $ 38.75 Hourly rate schedules will be adjusted annually each January 1. McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas January 1, 2002 | f E 2 ) | ■ • • • • TOTALS !|() �i 11 `i! !( ` ! 1 r.0ordinate with The U of A Physical Plant regarding the etsst'rg nd planned needs of Ns U of Awater system Water quality analysts and residence time analysis fur the enure 1 system Evaluate the Goshen area system controlling mechanisms for regulating pressure and flow Btwaoe for fire flaw in Goshen area Evaluate western route for new transmission line from BW D Evaluate the hydraulic impart of 4nin9 the 36. transmission line v3N smaller diameter Mewl !Evaluate issues of looping and 08 0 of Farmington and Greenland' service areas { ! I . Evaluate Na timing of No con 1,4011on of the 24. the along Hey 285 East from Hwy 45 to Joyce Evaluate which jurisdiction can best serve the area west of Greenland Additional capacity for Hwy 18 corridor to Elkins 9 bop to the north Elimination of large dead-end lines et NWA Mall 8 Razorback Rd Evacuate ofd 14' raw water line feeding the Industrial park 8 demands Hwy 156 storage for the industrial park Dead end Ones for water quality end fre lbws Love's Lana pressure plane Ed Edwards Rd press plane {f ;) �\ �� Kessler Mm pressure plane es Evaluate the system for each design 0ol¢on, including fire Bows Transmission the analysis Evaluation of system storage Calibrate the model Evaluate the system under existing condltions Disthbute uncoded data to the model polygons Join, analyze, edit and derive statistics for the date tables_ _ Format and plot maps -format and pint tables Evahwte and pace major demand customers Geocode water usage data for correct placement in the model Review data not successfully 950600ed and perform custom Ong,/ 3,,'T! :!!`|7 / /0. ,a1=k. I1 10') ` Evacuate Water Use Records at 8W D Develop Ave Day and Max Day Diurnal Demand Curves Develop Demands for Planning Horizons Evaluate Master Development Plan for Growth Areas 2 . \ ` | ! - . ! §§ R=G=:::===:w 0022: 06,02 ;:=22! ) ! ! ; r | ;: ! 'i !! !! ! !E:: ! _: ; ;! E: !§ !!!!§ §!E§E!!!■ bem:;;; E!!!§ )\ ) g ! 6 b ;8986,! 4 ! ! f / ! : § ) 7,4 # § § ! \ 2,444.0 100.01 220.0 ! 780 !! 10.0 ! 0.0 09 ! !! ! ; ! 42.0 34.0 ! !!!!!!!!!!!!■EaE !E ;! To fJll 258. 3§ F. R :R; G. g 1,170.44 83.60 19,202.40 7386 $ , &i§ 899 1 793.241 79.321 i ;,�w 8 \ 8 .w#:<R ! 8 ; V 1,296.17 ]2.01 793.24 79.32 /! V; --STS"„, =eee 88989 Rwse \\ 9 )§ \(/ 2a 88888 Rwaae98298 3,274.17 74.41 6.649.54 68.50 1,223.60 78.47 1,620,22 73.65 (§ Wp1Mil Ave Rete 0-17,226 45 67_29 }| ;* ; ( • • • • 1 • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES WATER TRANSMISSION AND DISTRIBUTION SYSTEM MASTER PLAN STUDY STATE OF ARKANSAS COUNTY OF WASHINGTON Res. 120-02 c*pY4 This Agreement entered into and executed this day of 2002, by and between the City of Fayetteville, Arkansas, acting by and through its Mayor, and McGoodwin, Williams and Yates, Inc., with offices located in Fayetteville, Arkansas. WITNESSETH THAT: WHEREAS, ,the City of Fayetteville requires engineering services to evaluate the water transmission, distribution, storage and pumping systems of the City of Fayetteville; and WHEREAS, the City of Fayetteville requires an assessment of the system -wide improvements necessary to meet the needs of the City of Fayetteville's water customers over the next 20 years; and WHEREAS, the City of Fayetteville has selected McGoodwin, Williams and Yates, Inc. to provide the required engineering services; NOW THEREFORE, it is considered to be in the best public interest for the City of Fayetteville to obtain assistance of McGoodwin, Williams and Yates' 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 1.0 EMPLOYMENT OF McGOODWIN, WILLIAMS AND YATES The City of Fayetteville agrees to employ the McGoodwin, Williams and Yates, Inc. to perform, and McGoodwin, Williams and Yates agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the City of Fayetteville agrees to pay and McGoodwin, Williams and Yates agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished. SECTION 2.0 DESCRIPTION OF THE PROJECT The project shall consist of an engineering study of the water transmission and distribution of the City of Fayetteville. The system will be evaluated to determine the present capacity and what additional facilities should be developed and constructed to meet the needs of the next 20 years projected growth. Fy-309 - 1 of 12 • 1 SECTION 3.0 SERVICES TO BE FURNISHED BY McGOODWIN, WILLIAMS AND YATES 3.1 McGoodwin, Williams and Yates shall provide at their own expense a suitable engineering staff to perform the necessary studies and evaluations and to report their findings and recommendations to the City of Fayetteville. 3.2 The Master Plan Study will include recommendations for improvements to the water distribution system and will include recommendations for: • Immediate to short-range improvements (generally less than five years). • Long-range improvements for the five to 20 year planning horizon. 3.3 The Master Plan Study will include the following: 3.3.1 The modification of a hydraulic model of the water system developed in previous studies at the current system configuration. Generally, pipes 2 inches and larger will be modeled. The system will be modeled using H2ONET by MWH Soft, Inc. 3.3.2 Geocode usage data and assign to nodes. (Geocoding assigns digital data to a location on a digital map based on data fields in the digital data base.) 3.3.3 Calibrate the hydraulic model. 3.3.4 Analysis of the water system under existing conditions (average day, maximum day, maximum instantaneous demand, and fire flow conditions). The work includes an update of the water system model utilizing latest data available from the city's records. 3.3.5 Analysis of the water system under projected conditions of population and water use for the years 2007, 2012 and 2022. McGoodwin, Williams and Yates will use the city's current master plan for projections of population and land use to locate future system demands. 3.3.6 Fire flow conditions to be analyzed shall be: Residential - 1,500 gpm in maximum of two fire hydrants. Residential fire flow demands shall be evaluated at each fire hydrant junction node in the system. Other larger fire flow demands shall be evaluated at locations directed by the City of Fayetteville. 3.3.7 Identification of low pressure areas within the system and recommendations on mitigation of low pressure (less than 45 psi) at projected demands. Fy-309 - 2 of 12 .y 3.3.8 Identification of improvements required to serve the City of Fayetteville, including the planning area jurisdiction. This includes the transmission system necessary to supply Fayetteville from Beaver Water District. Master -metered wholesale customers that serve outlying systems will be considered as a point demand. 3.3.9 Sizing and preliminary routing of future distribution and/or transmission lines, generally requiring pipe sizes 12 inches or greater. 3.3.10 Recommendation on future major distribution lines in anticipated growth areas. 3.3.11 Evaluation of adequacy of total system storage; recommendation on the location of new storage and new booster stations as may be required. 3.3.12 Evaluate operational issues regarding the replacement of small diameter (generally less than 6 inches) and galvanized or cast iron water lines. Replacement of small diameter and substandard pipe materials will be recommended based on performance of the distribution system and suspect areas. 3.3.13 Coordination with those entities identified in Paragraph 3.3.8 above concerning projected population and water demand growth. Additionally, information developed by the City of Fayetteville regarding major industrial customers will be used in developing future demand. 3.3.14 Develop a data base management system whereby the hydraulic model constructed for the study can continuously be upgraded by city staff in -putting new facilities and demands on a regular basis. 3.3.15 A final report setting forth McGoodwin, Williams and Yates' findings, recommendations; and present-day estimates of probable cost for development of the future facilities recommended in the Master Plan Study. 3.4 The following specific items will be addressed in the analysis utilizing the model: 3.4.1 Additional or improved pressure planes will be evaluated for the following areas: • Kessler Mountain • Dinsmore Trail • Country Club Hill • Lover's Lane/Highland Park Subdivision • Ed Edwards Road • Hillcrest/Baxter 3.4.2 Dead-end lines will be evaluated for water quality and fire flows. 3.4.3 The old 14 -inch raw water line feeding the Industrial Park will eventually need replacement because of continual maintenance required on the line. The model Fy-309 - 3 of 12 • 0 will evaluate whether there is a need for a replacement line and what size it should be, if required, when the old 14 -inch raw water line is taken out of service. 3.4.4 Evaluate the need for storage on Highway 156 to serve the industrial Park and Greenland. 3.4.5 Evaluate the need for additional capacity along Highway 16 East to Elkins, including the possibility of looping to the north to the.existing system. 3.4.6 Evaluate the need to eliminate the large dead-end lines in locations such as the Northwest Arkansas Mall and Razorback Road. 3.4.7 Evaluate the practicality of which jurisdiction should serve the area west of Greenland (i.e., Fayetteville, Washington Water Authority, or others). 3.4.8 Evaluate the timing of the installation of the planned 24 -inch diameter line along Highway 265 from Highway 45 to Joyce. 3.4.9 Evaluate the need for a loop from Township and Highway 265 to the east. 3.4.10 Evaluate the issues of looping and operation and maintenance for both Farmington and Greenland service areas. 3.4.11 Evaluate the hydraulic impact of lining the existing 36 -inch transmission line with a smaller diameter insert. 3.4.12 Evaluate the Goshen area system and system -controlling mechanisms for regulating pressure and rate of flow. Evaluate the need for placing Goshen on the primary or a separate pressure plane. 3.4.13 Evaluate the need for additional storage for fire flows for the Goshen area. 3.4.14 Evaluate additional water transmission supply lines from the Beaver Water District, which shall include a route along the west side of Fayetteville. 3.4.15 Prepare an analysis of alternate locations for recommended major transmission lines. 3.4.16 Perform a water quality analysis to evaluate the chlorine residual and residence time of water in the system. 3.4.17 Coordinate with the University of Arkansas Physical Plant regarding existing and planned needs of the U of A water system. Fy-309 - 4 of 12