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
r 0
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 shallinclude, 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
0
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
0 0
7.1. Ten (10) 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 HZONET 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 HZONET 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 - 7 of 12
0 0
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 FayettevilIe'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
11.1 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
O 0
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
0
0
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
I
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
LJ
r1
U
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 - MWY 2002 Schedule of Classification and Rates
Attachment 2 - 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.
By: 1?
Dan Coody, Mayor
ATTEST:
Heather Inman Woodruff, City Clerk
A
es C. Ulmer, Vice- esident
Fy-309 - 12 of 12
I
ATTACHMENT I
TO AGREEMENT FOR ENGINEERING SERVICES
SCHEDULE OF CLASSIFICATIONS AND RATES FOR 2002
Classification Hourly Rate
Engineer 6................................................................. $142.00
Engineer5...................................................................123.00
Engineer4...................................................................108.00
Engineer3..................................................................... 91.75
Engineer2..................................................................... 61.50
Engineer1..................................................................... 57.75
Architect2............................................................... $ 87.50
Architect1................................................................ 78.50
Technician 5 ............................................................ $ 79.25
Technician 4............................................................. 71.25
Technician 3............................................................. 57.00
Technician 2............................................................. 46.25
Technician 1............................................................. 32.50
Admin4................................................................... $ 65.50
Admin3..................................................................... 46.75
Admin2.........................:.......................................... 29.25
AdminI ......................................................................... 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
0 •
jj
wnnnnIInII1InnnnnIHHIIIlInanuaflhIUIPii!.!ii!iii!!!iHHflIP!!!IIIPII!!Ui1F
11III
I�1I■�11!■IIIIAd
!Ifl!!!flhIUU!!V!!!ffl!H!!9F
IIIIflhIHIuIIIIIIIIIuIuII1IIIHIHoIHHImiillhIIIr
I1IIIIIIIIIIIIIIIIlUIIIIII1IHHIIIHIHHIH1II1IIIII
uiiiiiiiiiiiiiiiiiiuiuiiioiiiiiiiioiiiiiiiiiiiiiiiiir
9IIIIIIPIIIIuuIIIIIuIuIi1IIII'IIIuhIII'InhI"I'plrl
IHIIIIIIIIIHhIIIIIIIIIIIIIIIIlIIIIIIIIHIHIIIIIIHhII
!III1P.IPIIIIIIII1IIuIIIIIIIIoIIIIIIIIIIlIIuIHIHIr
IIII1IllIIIUIIIIIIIIIIIIIIII1IIIIIIIIIllIIIIHIIIllIfl
IIIWIPiiHhiiiiiiiIiJ.iiHPhIIIJ!I!IiIIIii1iWPII
III
iII1���-1!IIIIOIIIIIIIIIIIIIIIIIIIIflIFIIIIIIIIIIIIIIIllIOIFaison
Ffi
0 0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Engineering Division
TO: Heather Woodruff, City Clerk
FROM: Jim Beavers, City Engineer
DATE: August 8, 2002
RE: Engineering services contract with McGoodwin, Williams and Yates
Approved Tuesday August 6, 2002 by the Fayetteville City Council for the
Water Transmission and distribution system Master Plan study. '•
Please find enclosed three original contracts for the Mayor's signature and your attest. 0
Please keep one of these new originals as your official copy and return the other two originals to
my office.
Thank you.
S S
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Engineering Division
To: Dan Coody, Mayor
Thru: Greg Boettcher, Public Works Director
Contract Review
From: Jim Beavers, City Engine74 7
Date: July 17, 2002
Re: City Council Meeting August 6, 2002.
Proposed engineering contract with McGoodwin, Williams and Yates for the Water
Transmission and Distribution System Master Plan Study.
Staff recommends and requests that the City Council:
1. Approve a resolution awarding the engineering contract to the firm of McGoodwin Williams
and Yates for the Water Transmission and Distribution System Master Plan Study in the not -to -
exceed amount of $205,000.00.
2. Approve an engineering contract contingency in the amount of $20,000.00.
The proposed engineering contract will provide a comprehensive water distribution analysis.
"The increased expanse of and the growing water demands in the water distribution network
necessitate a complete analysis. This analysis shall include development of a calibrated
computer model of the water distribution system, including pipes, pumping stations, control
valves, water storage tanks, valves and hydrants. The model shall be created on H2O Net
software, with the City of Fayetteville receiving the following at the end of the services: a current
version of the modeling software, training on the use of the software and calibrated distribution
network data for input into the modeling software. This work shall include a comprehensive
analysis of such issues as: adequacy of current piping, areas of inadequate fire flows, areas of low
pressures, areas of high pressures, water distribution piping improvements needed, water
pumping system improvements needed, water storage improvements needed, identification of
maximum residence time locations for water testing, identify areas of the system that have issues
warranting further investigations by in-house resources (possible closed valves, malfunctioning
control valves, improper pumping applications, etc.). The water distribution analysis shall be
consolidated into a formal report that lists all of the recommended improvements to the water
Page I of 2
. .
distribution system, including the relative priority of each identified improvement element, the
predicted costs of each improvement element, the predicted annual capital improvement funding
needed for the next ten years (listing activities by costs and implementation year), an evaluation
of water loses, conclusions and recommendations. This report shall form the core of the water
system capital improvement program for coming years and shall provide in-house capability to
evaluate needs/impacts of developments upon the infrastructure system." (Water/Sewer
Committee Agenda, June 26, 2002, Greg Boettcher, PW Director).
Please refer to the contract for specific tasks.
The proposed engineering contract and source of funding was endorsed by the Council's Water
and Sewer Committee June 26, 2002.
2002 Budget: The proposed engineering contract with McGoodwin, Williams and Yates for the
Water Transmission and Distribution System Master Plan Study is not in the 2002 budget. Staff
requests that funds be transferred from the proposed Mount Sequoyah water/sewer replacements
CIP project. The Mount Sequoyah project budget may be revised based upon future designs.
enclosures:
Proposed contract with McGoodwin, Williams and Yates
Page 2 of 2
City of Fayettevfe, Arkansas •
Budget Adjustment Form
Budget Year t: Public Works
Date Requested
2002 vision: Engineering
Program: Water/Sewer improvements 006/2002
Project or Item Requested:
$225,000 in the Water Transmission and Distribution
System Master Plan Study capital project.
Justification of this increase:
The funding is needed for a engineering contract with
McGoodwin, Williams, and Yates for a master plan study.
Res. 120-02
Adjustment #
Projector Item Deleted:
$225,000 from the Mount Sequoyah W&S System Upgrade
capital project.
COPY,
rusuncation of this Decrease:
Cun-ently, the Water Transmission and Distribution System
Master Plan Study project is a higher priority than Mount
Sequoyah.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number
Project Number
Waterline Improvements 225.000 4470 9470 5808 00 02128 1
Decrease Expense (Increase Revenue)
Account Name Amount Account Number
Project Number
Waterline Improvements 225,000 4470 9470 5808 00 01023 1 `
ppartnrent Director
I9
Budget Office Use only
' tit
Type: A B C E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
I •
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of August 6, 2002
FROM:
Jim Beavers Engineering Public Works
Name Division Department
ACTION REQUIRED:
1. Approval of a resolution awarding the engineering contract to the firm of McGoodwin
Williams and Yates for the Water Transmission and Distribution System Master Plan Study in
the not -to -exceed amount of $205,000.00.
2. Approval of an engineering contract contingency in the amount of $20,000.00.
COST TO CITY:
225 000.00 $0 Water System
Cost of this Request Category/ProjectBudget 2002 Category/Project Name
4470-9470-5808
Account Number
02128 -0010
Pi-oject Number
$0
Funds Used 'to ate 2002
$0
Remaining Balance 2062
Water/Sewer
Program Name
Sales Tax
Fund
B ET REVIEW: Budgeted Item x Budget Adjustment Attached
u g t Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
GRANTING AGENCY:
r(U MA nt ma u r Date
7ZI0L
eADA Coordinator Date
Purchasing Officer Date
rant Coordinator Date , •;"
STAFF RECOMMENDATION: Approval . yt
y 4
/Jw MiS
•
Dion 11i4L6
ea Date
Cross Reference
New Item: Yes x No,
Prev Ord/Res #:
/6-�--Orig Contract Date:
Orig Contract No:
•
STAFF REVIEW FORM Page 2
Description Water Transmission and Distribution System Master Plan Study_
Meeting Date August 6, 2002
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Grant Coordinator
Reference Comments:
•
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of August 6.2002
•qn(ed C � (
O�C;c�,ina�5 i n \'b . Q
FROM:
Jim Beavers Engineering Public Works
Name Division Department
ACTION REQUIRED:
1. Approval of a resolution awarding the engineering contract to the firm of McGoodwin
Williams and Yates for the Water Transmission and Distribution System Master Plan Study in
the not -to -exceed amount of $205,000.00.
2. Approval of an engineering contract contingency in the amount of $20,000.00.
COST TO CITY:
225 000.00 $0 Water System
Cost of this Request Category/Project BudgetBudf2002 Category/Project Name
4470-9470-5808
Account Number
020 -0010
Project Number
$0
Funds Used To Date 2002
$0
Remaining Balance 2 I—
Water/Sewer
Program Name
Sales Tax
FUild
BUDGET REVIEW: Budgeted Item x Budget Adjustment Attached
Budget Manager
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager Date
City Attorney Date
Purchasing Officer Date
STAFF RECOMMENDATION: Approval
Administrative Services Director
GRANTING AGENCY:
Internal Auditor Date
ADA Coordinator Date
rant Coordinator Date
S I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Enrineering Division
To: Dan Coody, Mayor
Thru: Greg Boettcher, Public Works Director
Contract Review
From: Jim Beavers, City Engineer
Date: July 17, 2002
Re: City Council Meeting August 6, 2002.
Proposed engineering contract with McGoodwin, Williams and Yates for the Water
Transmission and Distribution System Master Plan Study.
Staff recommends and requests that the City Council:
1. Approve a resolution awarding the engineering contract to the firm of McGoodwin Williams
and Yates for the Water Transmission and Distribution System Master Plan Study in the not -to -
exceed amount of $205,000.00.
2. Approve an engineering contract contingency in the amount of $20,000.00.
The proposed engineering contract will provide a comprehensive water distribution analysis.
"The increased expanse of and the growing water demands in the water distribution network
necessitate a complete analysis. This analysis shall include development of a calibrated
computer model of the water distribution system, including pipes, pumping stations, control
valves, water storage tanks, valves and hydrants. The model shall be created on H2O Net
software, with the City of Fayetteville receiving the following at the end of the services: a current
version of the modeling software, training on the use of the software and calibrated distribution
network data for input into the modeling software. This work shall include a comprehensive
analysis of such issues as: adequacy of current piping, areas of inadequate fire flows, areas of low
pressures, areas of high pressures, water distribution piping improvements needed, water
pumping system improvements needed, water storage improvements needed, identification of
maximum residence time locations for water testing, identify areas of system that have issues
warranting further investigations by in-house resources (possible closed valves, malfunctioning
control valves, improper pumping applications, etc.). The water distribution analysis shall be
consolidated into a formal report that lists all of the recommended improvements to the water
Page 1 of 2
. S
distribution system, including the relative priority of each identified improvement element, the
predicted costs of each improvement element, the predicted annual capital improvement funding
needed for the next ten years (listing activities by costs and implementation year), an evaluation
of water loses, conclusions and recommendations. This report shall form the core of the water
system capital improvement program for coming years and shall provide in-house capability to
evaluate needs/impacts of developments upon the infrastructure system." (Water/Sewer
Committee Agenda, Greg Boettcher).
Please refer to the contract for specific tasks.
The proposed engineering contract and source of funding was endorsed by the Council's Water
and Sewer Committee June 26, 2002.
2002 Budget: The proposed engineering contract with McGoodwin, Williams and Yates for the
Water Transmission and Distribution System Master Plan Study is not in the 2002 budget. Staff
requests that funds be transferred from the proposed Mount Sequoyah water/sewer replacements
CIP project. The Mount Sequoyah project budget may be revised based upon future designs.
enclosures:
1. Proposed contract with McGoodwin, Williams and Yates
Page 2 of 2
FAYETTEVffLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jim Beavers, City Engineer
From: Heather Woodruff, City Clerk
Date: August 8, 2002
Please find attached a copy of Resolution No. 120-02 awarding an engineering contract to
McGoodwin, Williams and Yates, Inc. for the Water Transmission and Distribution System
Master Plan Study. The original will be microfilmed and filed with the City Clerk.
I am returning two (2) contracts to you.
Your Budget Adjustment Form has been forwarded to the Budget and Research Division.
cc: Nancy Smith, Internal Audit
Stephen Davis, Budget & Research
010 03 City of Fayetteville 8/12/2002
Update ndex Maintenance 9:22:45
Document Ite Action
Reference Date Ref. Taken Brief Description
RES 8062002 120 WATER TRANSMISSION DISTRIBUTION SYS
Enter Keywords .........: RES. 120-02
CONTRACT
$205,000.00
MCGOODWIN,WILLIAMS AND YATES
WATER TRANSMISSION
DISTRIBUTION SYSTEM
MASTER PLAN STUDY
File Reference #.......
Security Class..........
Expiration Date.......:
Date for Cont/Referred:
Name Referred to.......
MICROFILM
Retention Type:
**** Active **
Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTERto Continue
Cmd5-Abstract Yes No (C) 1986-1992 Munimetrix Systems Corp.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
N/A- Mayor's Approval
City Council Meeting Date
Agenda Items Only
David Jurgens
Submitted By
Utilities Capital Projects
Division
Action
proval of Amendment 2 to the Engineering Services Agreement with McGoodwin,
update the Water Transmission and Distribution System Model and Master Plan.
$ 5,347
Cost of this request
4470-9470-5808.00
Account Number
02128
Project Number
Budgeted Item
$ 86,841
Category / Project Budget
$ 81,494
Funds Used to Date
$ 5,347
Remaining Balance
Budget Adjustment Attached I�
Utilities
Department
lams & Yates for $5.347.00
Water System Master Plan
Program Category 1 Project Name
Water and Wastewater
Program / Project Category Name
Water/Sewer
Fund Name
38-09
l7
Previous Ordinance or Resolution #
120-02
Date U
2/17/2009
Original Contract Date:
7/16/2002
yDepartntctor
Original Contract Number:859
Date
Finance and Internal Services Director
Date
Received in City 08-1 0- 1 1 P0 1
: 28 R CV D
Clerk's Offic(jk e
Chief of Sta
Date
Received in
Mayor's Office pREU
M or
to
Revised January 15, 2009
Zay1e,e:V!e
RKANSAS�
To: Mayor Lioneld Jordan
Thru: Don Marr, Chief of Staff
From: David Jurgens, Utilities Director
Water/Sewer/Solid Waste Committee
Date: August 5, 2011
CONTRACT REVIEW MEMO
MAYOR'S APPROVAL
THE CITY OF FAYETTEVILLE, ARKANSAS
Subject: Amendment 2 to Engineering Agreement with McGoodwin, Williams & Yates for Water System
Model and Master Plan
RECOMMENDATION
Staff recommends approval of Amendment 2 to the Engineering Services Agreement with McGoodwin,
Williams & Yates in the amount of $5,347.00 to update the Water Transmission and Distribution System Model
and Master Plan.
BACKGROUND
This engineering contract was awarded in 2002 to develop the City's updated water master plan and computer
model. A draft of the plan was delivered in 2004; the model software was delivered in 2007. Due to staffs
focus on the WSIP, neither the plan nor the model were completed. Individual evaluations were accomplished
on a case by case basis by McGoodwin. The model proves a detailed fire flow and pressure analysis for the
present and in the future, and provides a prioritized project list based on system needs. In February, 2009, the
City approved amendment 1 to upgrade the model and plan. Essentially, it is a new 5 year plan. There were
many system upgrades, to include 18" water lines on Wedington and Gregg, which significantly change the
system flow characteristics. The model will allow City staff to evaluate specific development impacts and
detailed flow evaluations.
DISCUSSION
This Amendment provides for final update the plan and the model to the 2011 conditions. It also reconciles
work performed to date, and captures all future work to be performed. Additional effort was required:
> To calibrate the model to incorporate the EPA disinfectant byproduct rule, which becomes effective in
2012.
> To rectify field anomalies in the Goshen part of our system that were identified during calibration.
➢ To incorporate the Canterbury Tank, lines and pump station, the 36"lines on Township and Crossover,
that significantly change the system flow characteristics.
➢ The model will allow City staff to evaluate specific development impacts and detailed flow evaluations.
This model is calibrated by a system -wide evaluation of actual flows from hydrants, pump stations, and other
system assets. This field calibration assures an accurate product, and requires close coordination between the
Engineer and City staff. The model will allow City staff to evaluate specific development impacts and detailed
flow evaluations.
BUDGET IMPACT
$5,347.08 remains in the approved project contingency; this change order will use all remaining contingency.
MWY WatMastPlan Amend 2 CCMemo lunl 1
AMENDMENT NO. 2
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
McGOODWIN, WILLIAMS AND YATES, INC.
WHEREAS, on August 6, 2002, the City of Fayetteville, Arkansas (CITY OF
FAYETTEVILLE) and McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY)
entered into an Agreement for engineering services in connection with a Water Transmission and
Distribution System Master Plan Study, and
WHEREAS, MWY has proceeded with these services in accordance with the scope set forth in
the Agreement, and
WHEREAS, MWY submitted an engineering report to CITY OF FAYETTEVILLE on June 28,
2004, and
WHEREAS, CITY OF FAYETTEVILLE has experienced extraordinary growth in its water
distribution system since the submission of the report, and
WHEREAS, CITY OF FAYETTEVILLE requests that the scope of MWY's services be
amended to provide .an Update of the Water Transmission and Distribution System Model and
perform analyses as directed to respond to the needs created by recent significant growth and
demands in the water system.
WHEREAS, on February 17, 2009, the CITY OF FAYETTEVILLE and MWY entered into
Amendment No. 1 to update the Water Transmission and Distribution System Model and Master
Plan.
NOW THEREFORE, in consideration of the mutual covenants and Agreements herein
contained, CITY OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the
Agreement for Engineering Services dated August 6, 2002, is hereby amended in the following
particulars.
SECTION 2.O.A2 — DESCRIPTION OF THE PROJECT UNDER AMENDMENT NO. 2
MWY shall perform the necessary engineering studies to create an Updated Water Transmission
and Distribution System Model to be furnished to CITY OF FAYETTEVILLE. MWY will
perform system analyses as directed by CITY OF FAYETTEVILLE.
SECTION 3.O.A2 — SERVICES TO BE FURNISHED BY McGOODWIN WILLIAMS
AND YATES UNDER AMENDMENT NO. 2
3.7 The model developed in the Master Plan will be updated in the following particulars:
Fy-309A2 - 1 of 3
3.7.1 The digital map base for the model will be updated using the latest digital mapping
available for the CITY OF FAYETTEVILLE.
3.7.2 New pipes, nodes, pump stations and tanks will be added to the model based on data
submitted to MWY by CITY OF FAYETTEVILLE. This data will consist of revised
mapping and newly -developed infrastructure created by developers and through CITY
OF FAYETTEVILLE water system projects.
3.7.3 The model will be updated using current usage data from CITY OF FAYETTEVILLE's
billing system.
3.7.4 The usage data will be geo-coded and placed into the model at the geographic location
that the usage occurs based on the most recent street centerline file created by CITY OF
FAYETTEVILLE.
3.7.5 The model will be calibrated with the assistance of CITY OF FAYETTEVILLE
personnel performing pressure tests in the field and supplying said data from the tests to
MWY. MWY will perform limited field assistance as required by CITY OF
FAYETTEVILLE.
3.7.6 MWY shall provide water system analyses of problem areas identified by the updated
model as directed in writing by CITY OF FAYETTEVILLE.
3.7.7 MWY will provide a written report to CITY OF FAYETTEVILLE setting out the
changes to the updated model.
SECTION 7.4.A2 — MASTER PLAN UPDATE FINAL REPORT UNDER AMENDMENT
NO.2
MWY shall submit the following documents to CITY OF FAYETTEVILLE for their review and
use:
7.4.A2 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 2010.
SECTION 10.1.A2 — FEES AND PAYMENTS FOR THE MASTER PLAN UPDATE
UNDER AMENDMENT NO.2
In consideration of the performance of the foregoing services, CITY OF FAYETTEVILLE shall
compensate MWY as follows:
10.1.A2 For Engineering Services set out.under Section 3.0.A1, payment shall be based on
actual time required to perform the work by the various classifications of employees at
the hourly rates set out in Attachment 1.A2, plus reimbursable expenses.
10.2.A2 MWY 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.A2 will be revised on
January 1 of each calendar year.
10.3.A2 MWY shall be reimbursed for expenses as hereinafter set out when the expense to be
incurred.is approved in advance by CITY OF FAYETTEVILLE's representative.
Reimbursable expenses shall include: 1) travel costs when traveling outside of Northwest
Arkansas in connection with the project, 2) rental expenses for special equipment needed
for completion of the work, 3) purchase of material, and 4) other expenses directly
attributable to the project, including any work performed by subcontractors. MWY shall
Fy-309A2 - 2 of 3
charge CITY OF FAYETTEVILLE for reimbursable expenses at actual cost plus ten
percent (10%).
10.4.A2 The estimated total compensation for the services set out under Section 3.0.A2 is
$5,347.00, which makes the total contract compensation $274,147.00. The basis of this
cost estimate is shown in Attachment 2.A2. This total compensation will not be exceeded
without prior authorization from CITY OF FAYETTEVILLE. Subject to the City
Council of CITY OF FAYETTEVILLE's prior approval, adjustment of this upper limit
may be made should MWY and 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.A2 The breakdown of costs between the various work tasks as given in Attachment 2.A2 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 19.0.A2 — LIST OF ATTACHMENTS FOR MASTER PLAN UPDATE
UNDER AMENDMENT NO. 2
The following attachments are hereby made a part of this contract:
Attachment 1.A2 — MWY 2011 Schedule of Classification and Rates
Attachment 2.A2 — Estimate of Engineering Costs
SECTION 20.0 - ORIGINAL AGREEMENT PROVISIONS
All other provisions of the original Agreement and Amendment No. 1 remain in full force and
effect.
IN WITNESS WHEREOF, t e parties hereto have caused this Agreement to be duly executed
this J211 day of 2011.
CITY OF FAYETTEVILLE, ARKANSAS McGOODWIN, WILLIAMS AND
YATES, INC.
Fy-309A2 - 3 of 3
ATTACHMENT 1.A2
TO AGREEMENT FOR ENGINEERING SERVICES
SCHEDULE OF CLASSIFICATIONS AND RATES FOR 2011
Classification
Hourly Rate
Engineer 7............................................................... $207.00
Engineer6............................................................... 168.00
Engineer5............................................................... 146.00
Engineer4............................................................... 114.00
Engineer3............................................................... 104.00
Engineer2................................................................ 96.00
Engineer1............................................................... 80.00
Architect3............................................................. $ 124.00
Architect2.............................................................. 115.0 0
Architect1.............................................................. 88.00
Technician6 .........................................................
$ 109.00
Technician5 ............................................................
92.00
Technician4 ............................................................
85.00
Technician3 ............................................................
66.50
Technician2 ............................................................
58.00
Technician1 ..:.........................................................
45.00
Admin5................................................................... $ 90.00
Admin4................................................................... 80.00
Admin3................................................................... 65.00
Admin2................................................................... 45.00
Admin1.................................................................... 35.00
GPS Surveying Equipment (when utilized) ............ $ 71.00
Hourly rate schedules will be adjusted annually each January 1.
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
January 1, 2011
FayeirgT%le Waler Neater Plan Updeie ATTACHMENT 2.A2 - — - yWg11
FeyeneNge, AAieMae ESTIMATE of ENGINEERING COSTS For AMENOMENTS NO.t AAilNO,2 Combined
NIIYY Job No. F,".PU
1�]p PM