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101-03 RESOLUTION
• • RESOLUTION NO. 101-03 A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT WITH CH2M HILL, INC IN THE NOT TO EXCEED AMOUNT OF $150,610.00 FOR GOOSE CREEK STREAM MODELING AND TECHNICAL SUPPORT FOR PREPARATION OF THE NPDES PERMITS FOR THE WASTEWATER SYSTEMS IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract in the not to exceed amount of One Hundred Fifty Thousand Six Hundred Ten Dollars ($150,610.00) attached as Exhibit A. This contract engages CH2M Hill, Inc. to provide engineering services to include: upper Goose Creek stream modeling and technical support for the preparation of NPDES permits for the Wastewater System Improvement Project (as more particularly described in the contract). Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire CH2M Hill, Inc. for this project. PASSED and APPROVED this the 15th day of July, 2003. AlEST: By: 450144.6-) Sondra Smith, City Clerk APPROV D: By: Atit DAN COODY, May. • • AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And CH2M HILL, INC. THIS AGREEMENT is made as of Jtt %y /J1 2003, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and CH2M HILL, Inc. with offices located in Tulsa, OK and Little Rock, AR.(hereinafter called ENGINEER). CITY OF FAYE I 1 EVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing of the Fayetteville Wastewater System Improvement Project and in particular Goose Creek / Illinois and White River Dissolved Oxygen Study and NPDES permitting assistance (The Project ). Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of the ENGINEER'S services on the Project All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYE I I EVILLE and agreement of ENGINEER 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. Professional Services-Designer-Rev3.doc A — 1 022403 • • SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 General 2.1.1 Provide professional engineering services in connection with the Project as hereinafter stated, which shall include engineering and environmental consulting services incidental thereto. The detailed scope of services specifically defines the ENGINEER'S responsibilities and is included in Appendix A. 2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting engineering services, as the "Program Manager" for the Wastewater System Improvement Project. The professional design services to which this Agreement applies are a part of the Wastewater System Improvement Project. ENGINEER shall coordinate their activities and services primarily with Program Manager and all other parties that CITY OF FAYETTEVILLE may contract with for program management or professional design services as a part of the Wastewater System Improvement Project. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the services in Appendix A. 2.1.2.1 Develop and include as a part of Appendix A of this Agreement for approval by CITY OF FAYETTEVILLE a project schedule which shall include, in acceptable level of detail, the steps and milestone dates to be undertaken by ENGINEER in completion of this Project. 2.1.2.2 The Project Schedule shall consist of a bar chart schedule depicting the duration of each sub -project and the discrete milestone activities, which make up the sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration. 2.1.3 Provide through subcontract services or data such as geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials, and equipment as necessary for authorized Project services. 2.1.3.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scopc of services to be provided and the value of the subcontract agreement. Professional Services-Designer-Rev3.doc A — 2 022403 • • 2.1.3.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the Submittal Schedule contained in the Memorandum of Agreement, as amended, between ASWCC and the CITY OF FAYETTEVILLE and require all ENGINEER's subconsultants to be bound by the Submittal Schedule. 2.1.4 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with schedule. 2.1.5 The draft report shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, prior to submittal to the ADEQ. 2.1.6 See Attachment A, Scope of Work, for additional services or clarification of services to be provided by ENGINEER. SECTION 3 - ADDITIONAL SERVICES OF ENGINEER 3.1 General If authorized in writing by the CITY OF FAYL t t EVILLE Mayor and the City Council and agreed to in writing by ENGINEER, ENGINEER shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Extra Services 3.1.1.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. Duc to the nature of this Project, additional work scope tasks and assistance to the CITY OF FAYETTEVILLE is anticipated, however, the level of effort associated with the additional scope cannot be estimated at this time. Any additional work tasks will be documented and notification provided as required in Paragraph 3.2. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 arc required due to circumstances beyond ENGINEER's control, ENGINEER shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE dcems that Professional Services-Designer-Rev3.doc A — 3 022403 • • such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to ENGINEER. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, ENGINEER shall have no obligation to provide those services. SECTION 4 - RESPONSIBII,ITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER: 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 4.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services under this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYE 1 1 EVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4.7 Give prompt written notice to ENGINEER whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.8 Fumish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. Professional Services-Designer-Rev3.doc A - 4 022403 • • 4.9 Furnish, or direct ENGINEER to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.10 CITY OF FAYE I 1 hVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 5 - PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. SECTION 6 - PAYMENTS TO ENGINEER 6.1 Compensation 6.1.1 Professional Consulting Services For the Scope of Services described herein, CITY OF FAYETTEVILLE shall pay ENGINEER, as compensation for services set forth in Attachment A. ENGINEER will be compensated on the basis of a cost reimbursement plus fixed fee contract. The costs and basis for compensation are shown on the Attachment B "Labor Hour Breakdown" and includes all project costs including labor, overhead, direct expenses, subcontracts and fixed fee. The total contract amount is One Hundred Fifty Thousand Six Hundred Ten Dollars United States Dollars (US 5150,610). 6.1.1.1 Subject to the City Council approval, adjustment of the total contract amount may be made should ENGINEER establish and CITY OF FAYETTEVILLE agree that there has becn or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment Professional Services-Designer-Rev3.doc A 5 022403 • • approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 6. I.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such panics as CITY OF FAYETTEVILLE may designate for Design services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanicd each month by the updatcd project design schedule as the basis for determining the value earned as the work is accomplished. Final payment shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Project. 6.1.2 Additional Services For authorized Additional engineering services under Section 3, "Extra Services", compensation to ENGINEER shall be negotiated at the time Additional services are authorized. Due to the nature of the project needs, other work items may be required in the future but their scope cannot be determined at this time. Therefore, the CITY OF FAYETTEVILLE may choose to amend this contract for additional assistance on such items as additional public information assistance, additional regulatory requirements, plant capacity evaluation, litigation assistance, etc. Any additional service will be specifically identified and scoped at the request of the CITY OF FAYETTEVILLE. 6.2 Statements Statements and updated progress schedule for each calendar month will be submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original document to CITY OF FAYETTEVILLE. Statements will be based on ENGINEER's estimated percent of services completed at the end of the preceding month, and justified by the updated progress schedule. Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his recommendations. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER'S statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF Professional Services-Designer-Rcv3.doc A - 6 022403 • • FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYE I 1 hVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agrccment, final paymcnt under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 7 - GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit S1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Profcssional Services-Designer-Rev3.doc A — 7 022403 • • 7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL and ENGINEER as additional insureds, or, to endorse CITY OF FAYETTEVILLE, BURNS & McDONNELL and ENGINEER as additional insureds on construction Contractor's liability insurance policies covering claims for personal injuries and property damageProfessional Responsibility 7.1.3 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. ENGINEER agrees not to seek or accept any compensation or reimbursements from the City of Fayetteville for engineering work it performs to correct any crrors, omissions or other deficiencies caused by ENGINEER's failure to meet customarily accepted professional engineering practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of ENGINEER. 7.1.4 In addition ENGINEER will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by ENGINEER's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.2 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of ENGINEER. 7.3 Termination 7.3.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: Professional Services-Designer-Rev3.doc A — 8 022403 • • 7.3.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.3.1.2 An opportunity for consultation with the terminating party prior to termination. 7.3.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 7.3.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.3.2.2 An opportunity for consultation with the terminating party prior to tcrmination. 7.3.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.3.3. I No amount shall be allowed for anticipated profit on unperformed services or other work, 7.3.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYE 1 I LVILLE because ofENGINEER's default. 7.3.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 7.3.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, ENGINEER shall: 7.3.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.3.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. Professional Services-Designer-Rcv3.doc A - 9 022403 • • 7.3.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 7.3.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.4 Delays In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. 7.5 Rights and Benefits ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.6 Dispute Resolution 7.6.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYEI l EVILLE or ENGINEER in the performance of this Agreement, and disputes conceming payment. 7.6.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. Professional Services-Designer-Rev3.doc A - 10 022403 • • 7.6.3 Notice of Dispute 7.6.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.6.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.6.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYE 1 1 EVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the Vice President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.7 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 7.8 Publications Recognizing the importance of professional development on the part ofENGINEER's employees and the importance ofENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining toENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYE 1 1 EVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost ofENGINEER's activities pertaining to any such publication shall be forENGINEER's account. Professional Services-Designer-Rev3.doc A — I l 022403 • • 7.9 Indemnification 7.9.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS & McDONNELL, and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.10 Computer Models ENGINEER may use or modifyENGINEER's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or ENGINEER may develop computer models during ENGINEER's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by ENGINEER does not constitute a license to CITY OF FAYETTEVILLE to use or modify ENGINEER's computer models. Said proprietary computer models shall remain the sole property of the ENGINEER. CITY OF FAYETTEVILLE and ENGINEER will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to useENGIKNEER's computer models. 7.11 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rcndered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, rctain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over Professional Services-Designer-Rev3.doc A - 12 022403 • • • 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. 7.12 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Attn: Greg Boettcher ENGINEER's address CH2M HILL 502 S. Main, #400 Tulsa, Oklahoma 74103 Atm: Murry Fleming 7.13 Successor and Assigns CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAME 1 1 LVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.14 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.15 Entire Agreement This Agreement represents the entirc Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, Professional Services-Designer-Rev3.doc A — 13 022403 • • whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYE1 1EVILLE's intcmal management of its operations. SECTION 8 - SPECIAL CONDITIONS 8. I Additional Responsibilities of ENGINEER: 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused byENGINEER's negligent performance of any of the services fumishcd under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 8.1.3 ENGINEER's obligations under this clause are in addition toENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have againstENGINEER for faulty materials, equipment, or work. 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records 8.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by Professional Services-Designer-Rev3.doc A — 14 022403 • • ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been takcn, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase ordcrs under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, exccpt: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. Professional Services-Designer-Rev3.doc A - 15 022403 • • 8.4 Covenant Against Contingent Fees ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or contincnt fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYEI 1 LtVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.5 Gratuities 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYE 1 1 EVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agecment, CITY OF FAYETTEVILLE may, by written notice toENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor morc than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including intemal documents and documents of subcontractors and sub - consultants, preparcd while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF Professional Services-Dcsigncr-Rcv3.doc A — 16 022403 • • FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspcnded, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 1 understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME CH2M FALL, In SIGNATURE .�� i�«�� DATE:��Z�/�3 PRINTED NAME; Mu, lemin Professional Serviccs-Designer-Rev3.doc A - 17 TITLE: Vice President 022403 IN WITNESS WHEREOF, CITY OF FAYETI EVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FA TTEVILLI:—E� NS By: Mayor ATTEST By: i804444.41 czcia City Clerk CH2M HILL, INC. By: Title: Vice Pres Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional Services-Designer-Rcv3.don A - 18 022403 • • CONFIDENTIAL - ENFORCEMENT SENSITIVE Attachment A Scope of Work for NPDES Permitting Assistance City of Fayetteville Background Continuation of the NPDES permitting assistance entails a possible myriad of tasks that, in large part, are dependent on the actions of others and the course of events. This scope of work provides a narrow framework of circumstances based on the known, or reasonably anticipated, issues that confront the City and describes the tasks necessary to address them. The permitting process(es), as envisioned by the regulations, for both the Noland and Illinois River Wastewater Treatment Plants (WWTP) is a straightforward set of tasks contained in Arkansas Pollution Control and Ecology Commission (ADPCEC) Regulations 6 and 8 (State Administration of National Pollutant Discharge Elimination System and Administrative Procedures, respectively). However, given the probable litigious nature of the downstream parties in both watersheds, the numerous state and federal agencies involved, the high public profile, and the potential costs, the actual level of effort cannot be fully anticipated. Therefore, as indicated above, this scope of work narrowly defines a possible course of events and level of effort. Task 1 - Water Quality Modeling This task began with the Facility Planning effort 'n 1995. It entailed stream sampling in both watersheds, calibration of the models (separate models for each river basin), close coordination with ADEQ Water Division staff, and preparation of several draft reports. Following reviews by ADEQ EPA, and consultants for the Beaver Water District (BWD), modeling scenarios have been modified and revised in an effort to identify more options available for the permitting approach. The reviews, particularly the EPA Region 6 review for the Illinois River, required adjustments to the reaeration formulae which, inadequately described in the model's user manuals (this an EPA model), had dramatic affects on the predicted impact and, as a result, to the quality of the discharge, i.e. it lowered the effluent limits considerably. Following ADEQ EPA, and BWD reviews of the modeling reports and since the initial facility planning effort, the City has indicated its preference to locate the point of discharge for the Illinois River WWTP further upstream on Goose Creek. This new outfall location would be at the center of the WWTP site and on City property. Preliminary indications are that Goose Creek downstream of this point may be a losing stream. Discharges to losing streams are subject to additional evaluations and constraints, as defined in ADPCEC Regulation 6. C FAYETTEVRLEWFOES ASSISTANCE SOW DOC 3 Dipy 05/30107 CONFIDENTIAL - ENFORCEMENT SENSITIVE However, there are advantages to this location; specifically, avoiding the construction of an effluent pipeline on private property and possibly less stringent effluent limits for BOO, ammonia, and DO. Less stringent limits may result because of the additional length of stream for assimilation and additional re -aeration because of the relatively steep stream gradient. The water quality model will have to be modified to include this additional section of Goose Creek, and limited field studies will be needed for that purpose as well as to losing stream issues, described below. Additionally, it is assumed as part of this scope that the "alternative analysis," as documented in the ADPCEC Regulation 6, will not be necessary. This analysis normally includes an evaluation of land application, discharge to a non -losing stream, and connection to a regional WWTP. These issues were thoroughly covered during the extensive facility planning effort and it should not be necessary to duplicate. The final water quality model will then be submitted to the regulatory agencies. This modeling report provides the basis for preparation and submission of the NPDES permit applications. Every effort was made to utilize the planning and design effluent flows as the basis of the models, however, some additional adjustments may be necessary. The NPDES applications will be based on the allowable effluent flows which, as predicted by the models, will not violate water quality standards. This standard, however, is a moving target in the Illinois River Basin for several reasons. First, the recent adoption by Oklahoma of an in -stream phosphorus standard is untested on Arkansas dischargers. Secondly, the current Oklahoma WQ Standards classify the Illinois Rivers as a Scenic River and explicitly forbid any new discharges or increase in existing discharges. Thirdly, the U.S. EPA has recently released a Federal Register notice that it intends to list the Illinois River as an impaired waterway (for nutrients) pursuant to Section 303 (d) of the Clean Water Act. This listing, under Federal Court Order, requires ADEQ to develop a Total Maximum Daily Load (TMDL) for the entire Illinois watershed. The TMDL exercise could take several years to complete and new discharges may be held in abeyance until the allocation is completed. However, in a telephone conversation with Bob Singleton, ADEQ (April 22, 2003), Mr. Singleton indicated that he felt that the modeling and permitting could proceed with the TMDL studies following at some later date. For these reasons it is recommended that the City strongly consider a interim approach to the Illinois River discharge permit. Specifically, given the above restrictions, it is our opinion that a permit application that does not exceed the current Illinois River mass loading (existing discharge to Mud Creek) has a better chance of timely issuance than one that may exceed one and two above, and be ruled possibly inconsistent with or premature to the completion of the TMDL. As with the White River, it is our belief that the discharge will be much better quality than the existing river water and future water quality studies will demonstrate that additional assimilative capacity is available for the subsequent phases of plant expansions. This will entail another model run at the existing mass limitations. A decision on the NPDES flow basis will need to be made prior to submittal of the modeling report to the regulatory agencies. This scope of work includes the modeling scenarios to support several optional discharge flows. C FAYETTEV1L E'ArTACH A SOW REVI DOC 2 303 PM 05130/03 CONFIDENTIAL - ENFORCEMENT SENSITIVE Subtask 1-1 — Study Plan Preparation and Agency Coordination A study plan will be prepared that describes the activities included in Subtasks 1-2,1-3, and 1-4. The plan will be submitted to ADEQ for review and comment. Any modifications to the plan resulting from this review would require a modification of the scope of work for these subtasks. For example, ADPCEC Regulation 6 specifies that stream studies conducted to evaluate if a stream is a losing stream are to be conducted during the critical low flow season, when stream flow is at least 1 cfs and representative of seasonal flow, and effluent flow can be included in the minimum 1 cfs flow. In this case, however, Goose Creek at the point of discharge has zero flow during dry conditions. It is the effluent itself thus that will be lost during these conditions, not natural streamflow. In order to best simulate flow conditions with effluent, it may be necessary to conduct studies during rainy periods so that there is flow representative of the proposed discharge. We will propose that be done in late spring/early summer. Subtask 1-2 — Field Evaluation of Goose Creek Flows, Losses, and Hydraulic Characteristics This subtask will include the following activities associated with the reach of Goose Creek from the WWTP site to the confluence with Owl Creek (about 2.8 miles): • Identification of subreaches where the stream is most vulnerable to overbank flow, based on a stream walk and discussion with local officials knowledgeable of where flooding concerns are most prevalent (Note: The HEC-2 model indicates that areas most prone to overbank flow downstream of the new discharge point are several county road bridges and several private driveways.) • Cross-section surveys of the channel up to the approximate elevation of ordinary high water or bankfull channel; at critical locations of overbank flow and at other representative locations. if practicable, some of these cross -sections should be the same as those for the existing HEC-RAS model • Estimation of Manning's "n" at each cross-section photos will be taken to document the nature of the stream bottom along with verbal descriptions in terms normally used to define "n". • Flow, depth, and velocity measurements at representative cross -sections Using USGS flow measurement techniques, several different flow ranges should be measured. At a minimum, flows representative of the range of effluent flows (i.e., 10 to 18 mgd) will be measured. • Dye studies. Concurrent with the flow measurements, Rhodamine WT dye will be injected into the stream at the point of WWTP discharge; fluorometric dye measurements will be made at the stream flow monitoring locations along with visual observations regarding the movement and location of the dye slug, including where flow is lost (if it is all lost) and where it reappears downstream, if it does. It is anticipated that this task will be carried out by Dr. Rod Williams of the University of Arkansas. Dr. Williams conducted the previous field studies in support of model development. C.FAYETTEVILLPATTACM A SOW REV I.DOC 3 O 00 PM ON00'00 CONFIDENTIAL - ENFORCEMENT SENSITIVE Subtask 1-3 — Flood modeling of Goose Creek Flood studies have already been completed for Goose Creek, including development of a HEC-2 model. This model will be used to compare flood flows and elevations in Goose Creek with and without the effluent flow. The previous flood study indicates the flood flows range from 1,200 cfs for a 10 -year event to 2,300 cfs for the 500 -year event. Thus, the addition of effluent will be a small percentage of these design flood events. In addition, the model, or other computational methods, will be used to determine bankfull flows and how they might be influenced by the addition of the effluent flow. For example, bankfull flows might be expected to occur on a 1-1/2- or 2 -year return frequency. If addition of the effluent substantially increases this frequency, then that will affect the frequency of overbank flooding and possibly affect stream channel characteristics. This evaluation will focus on areas most prone to overbank conditions, as defined under subtask 1-2, if there are such areas. Subtask 14- Extension of Water Quality Model for Illinois River WWTP The confluence of Goose and Owl creeks is the upstream -most extent of the existing water quality model setup. It is anticipated that up to 3 reaches will be added to the MULTI-SMP model setup to accommodate the new discharge location. The MULTI-SMP model does not allow for negative flows (e.g., withdrawals or losses). However, we can very easily run various losing stream scenarios with the MULTI-SMP model if is assumed the flow is lost at the point of discharge (i.e., simply subtract it from the effluent flow that would otherwise be input). The MULTI-SMP model can also be used to more rigorously evaluate the effects of losses occurring throughout the reach. This would require use of separate MULTI-SMP model setups for individual reaches of this new stretch of stream, and use the output from one reach as quality input to the next reach, but reduce the flow to the next reach assuming it is lost in the upstream reach. It is assumed that this latter approach will be needed, at least as a check on the former approach, but more likely as the desired approach. Subtask 15— Final Water Quality Modeling Report Modifications to the Goose/Illinois model described in Subtask 1-4 will be documented in this final report along with the final White River modeling. Permit limits that are protective of DO standards will be identified in the report. The report will be a modified version of previous modeling reports that have been developed. At the November 26, 2002 meeting in Fayetteville, it was agreed that it would be beneficial to include a total ultimate oxygen -demand (TUOD) concept into the permit. This would be particularly useful for the Goose/Illinois plant because of the stringency of the permit limits. Use of the TUOD concept would allow tradeoffs between CBOD and ammonia components of the oxygen demand, providing substantially greater flexibility in operations and compliance. ADEQ has indicated it might be amenable to this approach, but would need modeling evaluations to determine oxygen -demand equivalency if there are different decay rates for CBOD and ammonia. However, for the Goose/Illinois model, the decay rate used is the same for CBOD and ammonia. Thus, it is not anticipated at this time that separate modeling analyses will be needed to get a TUOD approach permitted. However, the rationale and basis for the TUOD concept will need to be clearly explained in the C FAYETTEVgLENTTACH A SOW REV'.D0C 4 3O374 0S90.O.T CONFIDENTIAL - ENFORCEMENT SENSITIVE modeling report so that it can serve as support for the permit negotiations outlined in Task 2. Subtask 16 — Agency Meetings Prior to completion and submission of the final modeling report, it is recommended that discussions be held with ADEQ to determine the best approach for the City of Fayetteville given the long-term implications of permit conditions. Also, it is anticipated that additional meetings with regulatory agencies will be required to finalize the modeling report. These meetings will be with ADEQ and EPA Region 6. Possible meetings will also be conducted with BWD and Oklahoma regulatory agencies. For budgeting purposes, it is anticipated that five meetings will be required, two each in Little Rock, two in NW Arkansas/Eastern Oklahoma, and one in Dallas, TX. Five man -days plus expenses are budgeted for each meeting. Task 2 - NPDES Permit Applications Subtask 2-1 - White River The Noland Plant is currently permitted at 6.2-mgd each to the Illinois and White Rivers. As the flow increases above the permitted limit, the effluent quality must improve so that the mass loading remains in compliance. However, the City may be in technical violation of the 6.2-mgd flow limit to the White River regardless of the effluent quality. Representatives with the BWD have met with ADEQ to discuss this issue. ADEQ has indicated (to CH2M HILL) that it likely will not be able to act on the pending permit application because of this requirement, i.e. the, permit cannot be renewed as written simply because the Noland plant cannot physically hold the water indefinitely. An un-renewed permit is administratively extended under the terms of the existing permit. The proposed average -day design flow for the Noland Plant is 11.2 mgd, which is below the 11.4-mgd average -day design and the 12.2 mgd used as the basis of the current NPDES. However, the average -day flow in 2002 at the Noland plant was 12.5-mgd and will continue to increase until the new westside WWTP has been constructed and in service. Therefore, operation of the Noland WWTP will continue to be a challenge until the Illinois or westside plant is completed. It is assumed that ADEQ will NOT require an additional engineering evaluation (capacity study) to demonstrate that the critical components are capable of treating the increased flow (the pump sizes, basin overflow rates, organic loading, etc.). The increase in flow (even if planned as temporary) will also entail an increase in the mass loading to the White River and Beaver Lake. As the first step to have the basis to increase the effluent flow, ADEQ will be required to modify the Section 208 (U.S. Clean Water Act) Water Quality Management Plan (WQMP). This requires public notice and hearings, as may be necessary. It also requires EPA approval. It is expected that this modification will be opposed by Beaver Lake interest(s). 11/ when the WQMP is changed, ADEQ can then issue the Draft Permit for Public Comment. This will also likely entail public hearings. After receiving public comment, ADEQ prepares a Response to Comments and issues the permit. The permit is effective in 30 days unless an appeal is filed and a stay (of the effective date of the new permit) is granted by the C FAYETTEVILLEUTTACH A SOW REVI DOC 5 3 03 RM 05130103 CONFIDENTIAL - ENFORCEMENT SENSITIVE ADPCEC. Even if a stay is not granted, the permit appeal proceeds to the ADPCEC, failing resolution, to the State Court System, failing resolution, to EPA Headquarters, failing resolution, to the Federal Court System, where it went last time over a period of about 10 years. (The exact course of appeals may vary dependent on actions by lower courts and appellant bodies). Or...the WQMP could be modified without comment and the permit issued without dissent. Since the appeals route is unknown, we can only scope the effort for the engineering evaluation and preparation of the permit application. We anticipate that this effort will require approximately 15 man -days for completing the application. Additionally, at least two trips each to Fayetteville and Little Rock and related production expenses will be required. Subtask 2.2 Illinois River The Illinois and White River permits do not have to be on the same track. However, in order to demonstrate that the City is committed to the short-term nature of the increased White River Discharge, it may be advantageous to submit them together. This dual track may not make any difference to the Beaver Lake interests because they may see the Illinois permit being delayed for years and they would be stuck with the increased loading to the White River. The updated Facility Plan for the Illinois plant states the average -day design flow to be 10 mgd. As stated previously, the more restrictive modeling has reduced the allowable effluent loading significantly, possibly requiring either effluent storage (similar to the Noland Plant) or additional treatment, such as filtration. Further initiation of the proposed phased discharge strategy will reduce loadings even further. In addition, neither the proposed Oklahoma in -stream phosphorus limit nor the looming TMDL could be envisioned when the Facility Plan was prepared. The uncertainty, alone, of the ramifications of this standard may further delay a permit decision by ADEQ and EPA. Moreover, this permit may become the test case for the underlying requirements of the Oklahoma standard, and thus draw a myriad of third party intervenes. It is almost certain that the permit will be challenged both at the WQMP and draft permit stages and possibly held up pending the completion of a TMDL CH2M HILL cannot reasonably anticipate the course that the permit application will take. It is possible that the ADEQ may question the ability of the recommended (Facility Plan) treatment processes to achieve the tighter effluent limitations, particularly in the summer season. This may create the necessity for a re-evaluation of the process design. For purposes of this proposal, CH2M HILL anticipates that it will require about 15 man - days to prepare the application, and if the permit applications are running together, the meetings and other coordination will be coincident with the Noland Plant activities. Facility Plan amendments are not included in this estimate. C FAYETTEVRLEVQTACN A SOW REVI DOC 6 3 00 PM 05130103 CONFIDENTIAL - ENFORCEMENT SENSITIVE Additional Services The work scope has been developed to reasonably include those known work tasks and regulatory requirements based upon ENGINEER's experience. However, the full scope of a project of this nature cannot be completely envisioned at this time. Issues such as opposition to the project, regulatory requirements and other unknowns could have a significant impact on the anticipated work scope. Examples of such unknown tasks could include a Noland WWTP "capacity study", additional water quality sampling, analysis and modeling, unanticipated regulatory requirements, additional support for meeting and public information, and litigation assistance to the City. There are certainly other potential areas for the scope to expand on a Project of this nature and the City will be notified as required if additional services become an issue. C FAYE TTEVILLE%TTACH A SOW REVI DOC 7 3 03 PM 0L30.'03 -{ mot NO 0 v -i -Iv-1 CO C) J ! J J ! J Om m C m J O F O D r d N D On m m D?)Om�t tnF m 54 cm T fTl z .T7 N 0 J J= G a ,G O Gi H 0 m D O o -. 0 o C) m Ndm W K m <' N�3 3 m$ K m J T v ≤ z 8- s co ti z )O O ry z D A m Q1 (n a m 1 r n (n 2 D r H O _ o oD o o c N F 0 N O N N J N a > N J a Cl) CO CA 0 C C Q 0 0 Q 0 0 m m m Z 0 y O m v N ON N WN O �'�NAJp pwD m O O N N O O O N P a m N N W N S O o' O N N O K) O 0 0 O m J 0 Co r T my Wg$�m Q c 5. A 0,2 �m�m3 II o o A A JW [[[¢4[pSffff 2 tJtnn 0 -- O » O a a N o rn a m �u M O. 3 8 tC D CD 7 m fn O 0 0 00 O) O A N ANN O) 0 V ≤' j CD o CD- C) J ! O 0 A A ON a a N a N a a d N N O OON a V 0010)0)0 O 00 O cc a O W N O) O) N df 4.4 �! V M (.44* 4* 44 1R 4*4* (R VI 1R y S2;1 (n O J A W N N! 0) J J ! N ! J Cr N -- V pDo 0 fl Ol O a a m J p m W p N N pt O) O1 O N N N V N N 0) V 40.J 0) (0 0) 0) co pD ! V m p L ♦ V (0 V V O J m v 0 0 N O J N O N a 0) N 0 J J W W A J NAME OF FILE: Resolution No. 101-03 CROSS REFERENCE: Item # Date Document 1 06/28/03 Staff Review Form w/attachments draft resolution copy of staff review placeholder memo to city council copy of CH2MHill letter to Greg Boettcher copy of CH2MHill memo to Tom Dupuis copy of Pre -Dawn Runs and 17 8 mgd Effluent Discharge copy of proposed agreement 2 07/30/03 memo to Greg Boettcher NOTES: X AGENDA REQUEST • CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM • For the Fayetteville City Council Meeting of: July 15, 2003 FROM Boettcher Water/Wastewater Water/Wastewater Name Division Department ACTION REQUIRED: Approve a contract with CH2M Hill of Tulsa, OK for the provision of stream modeling of the upper reach of Goose Creek (evaluation of elimination of outfall line) and the furnishing of technical support for the preparation of the NPDES permits for the Wastewater System Improvements Project, said contract providing for a cost plus fixed fee means of compensation with a contract amount of $150,610.00. COST TO CITY: $150,610.00 Cost of this request 4480.9480.5315.00 Account Number 02133-1 Project Number $ 48,202,040.00 Water/Wastewater 13,046.00 Funds Used to Date $ 48,188,994.00 Remaining Balance Program Category / Project Name Wastewater System Improvemnts Program / Project Category Name Sales Tax/Wastewater Fund Name BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached _ ?7O3 Budget Manag Date CONTRACT/GRANT/LEASE REVIEW: STAFF RECOMMENDATION: Divis Depa Fj5rent irector Finance-& Internal Services Dir. lr d I k u./,fA eC5L,1 A (0Ia%/i3 Date Internal A u ditor Date 2T 3 l J j-��Q (a ai ti3 Date Purchasing Manager Date Cross Reference Rec'd in Mayor's Date Office New Item: Yea No JMt z7, 2acu Date Previous Ord/Res#: Date -- p•O DLLate Date Orig. Contract Date Orig. Contract Number RECEIVED 'JUN 2 7 2003 CRY OF FAYEE1TEV, .i.E CRY CLEWS OFFICE Description Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator iStaff Review Form - Page 2 Meeting Reference Comments: Date S 0 RESOLUTION NO. A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT WITH CH2M HILL, INC IN THE NOT TO EXCEED AMOUNT OF $150,610.00 FOR GOOSE CREEK STREAM MODELING AND TECHNICAL SUPPORT FOR PREPARATION OF THE NPDES PERMITS FOR THE WASTEWATER SYSTEMS IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract in the not to exceed amount of One Hundred Fifty Thousand Six Hundred Ten Dollars ($150,610.00) attached as Exhibit A. This contract engages CH2M Hill, Inc. to provide engineering services to include: upper Goose Creek stream modeling and technical support for the preparation of NPDES permits for the Wastewater System Improvement Project (as more particularly described in the contract). Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire CH2Z Hill, Inc. for this project. PASSED and APPROVED this the 15th day of July, 2003. APPROVED: By: DA OODY, Mayor ATTEST: By: Sondra Smith, City Clerk STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: June 10, 2003 FROM: Greg Boettcher Name Division Department Water/Wastewater Water/Wastewater ACTION REQUIRED: Approve a contract with CH2M Hill of Tulsa, OK for the provision of stream modeling of the upper reach of Goose Creek (evaluation of elimination of outfall line) and the furnishing of technical support for the preparation of the NPDES permits for the Wastewater System Improvements Project, said contract providing for a cost plus fixed fee means of compensation with a contract amount of $150,610.00. COST TO CITY: $150,610.00 Cost of this request 4480.9480.5315.00 Account Number 02133-1 Project Number BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached Budget Manager Date $ 48,202,040.00 V 13,046.00 Funds Used to Date S 48,188,994.00 Remaining Balance Water/Wastewater Program Category / Project Name Wastewater System Improvemnts Program / Project Category Name Sales Tax/Wastewater Fund Name CONTRACT/GRANT/LEASE REVIEW: STAFF RECOMMENDATION: Date Internal A itor Date C/I/o Q U„tAQ 5 Q3 Date Purchasing Manager Date Cross Reference Division Head Date ^ p New Item: Yes Deo ment Director Date Previous Ord/Res#: Finance b Intern• Services Dir. Date • •;Ehie£' inistrative Officer Date • tja Yb r.' Date Orig. Contract Date Orig. Contract Number Recd in M yo s Office No I' �f!- Description Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor c 4,(gt 'Grants Coordinator • Staff Review Form - Page 2 • Meeting Date Reference Comments: CH2M Hill, Inc. Upper Goose Creek Stream Modeling and NPDES Permitting Services Technical Services Agreement $150,610.00 The attached contract was one of six contracts scheduled for City Council consideration as the June 10, 2003 Special Called City Council Meeting. All six contracts were circulated and approved by the responsible parties prior to the June 10, 2003 meeting, said meeting being subsequently cancelled. Due to the importance of this activity and the fact that this work can proceed independent of the current deliberations, the CH2M Hill contract is being presented for consideration at the July 15, 2003 City Council Meeting. Greg Boettcher June 27, 2003 I FA YETTEVILLE THE CITY OF FAYETTF. VILLE. ARKANSAS WATER AND WASTEWATER DIVISION DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council THRU: Dan Coody, Mayor of Fayetteville Hugh Earnest, Chief Administrative Officer FROM: Greg Boettcher, P.E. N. Water & Wastewater Director )1' ( DATE: June 27, 2003 RE: Wastewater System Improvement Project CH2M Hill, Inc. Upper Goose Creek Stream Modeling and NPDES Permitting Services BACKGROUND Activities relating to the new construction or modification of existing wastewater treatment facilities require state permits. When the scope of the construction changes the quality, volume or location of the treated effluent discharge, such activities are administered by the State of Arkansas under authority from the Environmental Protection Agency. The permitting and operating authority for wastewater effluent discharges is covered by a National Pollutions Discharge Elimination System permit, commonly termed a NPDES permit. The Noland Wastewater Plant operates under NPDES Permit No. AR -009920010, with the permit conditions addressing the multiple discharge points (White River outfall and Mud Creek outfall). During the initial facility planning activities, the City of Fayetteville selected CH2M Hill to provide technical support for the permitting issues associated with the wastewater system improvements project. Such permitting assistance was necessary as this capital improvement project proposed to change the volume effluent released to the White River and the volume/location of the effluent released to the Illinois River watershed. To secure approval to modify the discharge location and the discharge volume, the operating authority (City of Fayetteville) must demonstrate that the changed conditions will not adversely impact the streams into which the effluent will be discharged. To demonstrate that the proposed wastewater discharges will satisfy water quality standards of the State of Arkansas, CH2M Hill was retained to analyze the White River and the lower reach of Goose Crcek/lllinois River as to their ability to assimilate the proposed new effluent discharges. Such analysis requires field measurements of the stream to create a calibrated computer model of the stream. Once this model is deemed representative of the actual conditions, the discharge volume with alternative effluent quality scenarios are simulated, with the computer analysis predicting resultant conditions in the downstream streams/rivers. Using a trial and error process, the stream modeling confirms the effluent limits that must be met by the treatment facilities to prevent violations of water quality standards in these streams. This detailed and technical analysis is then submitted to the state/federal permitting authorities for review and approval. Such modeling is necessary to demonstrate the suitability of a NPDES permit for the new or modified wastewater treatment facilities. Once the stream modeling activities arc completed and suitable results confirmed, the next stage of the process is the preparation of the necessary NPDES permit applications, complete with supporting documentation to enable the issuance of a construction permit. This application must include the construction drawings and specifications relating to the proposed project. Upon review and approval, a public notice process commences and public comment period ensues. As the facilities near the point to become operational (180 days to completion), a request for the NPDES operating permit (approval to discharge) must be filed, following a similar public notice and comment process. CH2M Hill has been selected to provide administrative and technical support for this permitting process. To date, this firm has completed the stream modeling of the designated receiving stream segments and has provided guidance on the NPDES permitting processes. These types of services arc highly specialized and necessary for the construction of new wastewater treatment facilities in the Fayetteville setting. Sensitive environmental areas, stringent water quality standards and significant volumes of discharge demand this level of analysis for the Fayetteville Wastewater Improvement Project. DISCUSSION The continuing discussions and critical thinking regarding the Fayetteville Wastewater System Improvements Project have included reconsideration of the West Side Treatment Plant's outfall line. After the stream modeling revealed a very stringent effluent limit and modeling reveals beneficial re -aeration in Goose Creek, the need for a discharge point in the lower stream reaches was reconsidered. Preliminary analysis revealed that the effluent limits for the upper reach of Goose Creek (viewed a losing stream classification) would be satisfied by the proposed treatment processes, thereby, offering an opportunity to delete the outfall line from the proposed project scope. This concept was presented to CH2M Hill for preliminary analysis, the finding being summarized in the attached letter dated March 21, 2003. Using assumptions and generalizations, this cursory evaluation of the alternative discharge location in the upper reaches of Goose Creek was deemed a viable concept. I The advantages from such a change in project scope are multiple, including: ✓ Upper reach of Goose Creek provides beneficial natural aeration that minimizes rather than increases water quality concerns ✓ The at -risk cost of $65,405.00 to model and analyze this alternative discharge point offers potential project cost savings of $3,357,000 ✓ The anticipated requirements for the west plant's effluent quality is more stringent than the background water quality that now exists in Goose Creek ✓ The construction of the plant outfall on the City of Fayetteville treatment plant site is a desirable project configuration ✓ Positive environmental benefits are anticipated due to the continuity of the flow in this stream. Stream benefits are evidenced by the current conditions in Mud Creek, downstream of the Noland Plant's west discharge point ✓ The project permitting is a critical component of the Wastewater System Improvements Project that is not dependent upon the project delivery system. Permitting is an essential task for the timely completion of this capital improvement project. The proposed contract includes $85, 205.00 for such actions. The Upper Goose Creek Stream Modeling and NPDES Permitting services set forth in the proposed agreement are associated with the Fayetteville Vision 2020 Guiding Principles listed below: I. Naturally Beautiful City: Our Mountains and Hills, Our Creeks, Our Open Greenspaces 2. Well maintained City Infrastructure and Facilities The completion of the additional stream modeling is necessary to validate that the alternative discharge location is an environmentally sound strategy, consistent with responsible environmental stewardship. The fulfillment of the city's identified wastewater system needs requires the completion of the stream modeling and the completion of the NPDES permitting process, therefore, the proposed services are essential for the maintenance of infrastructure and facilities. RECOMMENDATIONS To provide for the proper and responsible management of the Fayetteville Wastewater System it is recommended that the Fayetteville City Council approve a contract with CH2M Hill, Inc. of Tulsa, Oklahoma for $150,639.00. Within this contract amount, $65,405.00 is for the additional stream modeling to evaluate the alternative discharge location for the proposed new West Side Wastewater Treatment Plant and $85,234.00 is the provision of services associated with the NPDES permitting process for the entire project. This activity was reviewed and approved by the Fayetteville Water and Sewer Committee on June 5, 2003. © CH2MHILL March 21, 2003 152775 Greg Boettcher, P.E. Water & Wastewater Director City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Subject: Modified Plant Discharge Location Preliminary Modeling Results Dear Mr Boetcher: C RECEIVED MtQ 2z 2NU3 CITv OF FN -1 :.c rrLLE MAYOR'S OFFICE CH2M HILL 502 S. Main bin Floor Tulsa, OK 74103-4425 Tel 918.5!3.3057 Fax 919.561.5829 As a result of discussions with the project design engineers and at your request we have performed preliminary model runs were performed to identify the potential effects of a modified discharge location on the future NPDES effluent limitations. A summary table is attached that shows the potential benefits during the "critical" or pre -dawn conditions. Additionally, for your general information I am including a listing of modeling conditions and assumptions made by our staff who specifically performed the modeling work. In general, moving the discharge point upstream near the location of the wastewater treatment plant resulted in effluent limits that became less stringent. This is what was anticipated, however, the preliminary modeling runs needed to be performed to confirm this presumption. We would expect that the two other seasonal conditions would also indicate similar results as did the modeled 7Q10 critical condition since they are less restrictive. Some additional field flow data will need to be collected during flow conditions that allow a determination to be made on the extent that upper Goose Creek may be a "losing" stream. This is necessary so that the appropriate flows can be modeled downstream of the Owl / Goose confluence. Also, the same data can be utilized to assist in making a determination relative to the potential flooding that was mentioned as a concern. Based upon the information above it would appear that locating the plant's discharge on the plant site and upstream of the Owl/Goose confluence will be beneficial to the operational flexibility of the proposed new plant. As outlined in your letter of February 26, 2003 we will await you instruction relative to pursuing this option in completion of the final modeling effort and as a basis for the NPDES permit limits. TUISNaoCrTCHER 3_212007.D0C Greg Boettcher, P.E. Page 2 March 21, 2003 It would appear there is a benefit to the revised location on the discharge location both in Construction cost savings of the outfall line as well as the potentially less restrictive permit limits. If the City prefers this modified outfall location, we will proceed with updating the previous draft contract amendment initially prepared in June 2002 and resubmit for your review and authorization. Please call if you have any questions or wish to discuss the findings of the preliminary modeling runs. Sincerely, c: Tom Dupuis/CH2M HILL Bob Blanz/CH2M HILL MEMORANDUM Goose Creek/Illinois River Multi SMP Model Runs m Tom Dupuis FROM: Gloria Beattie CH2MHILL DATE: March 13, 2003 The Goose Creek/Illinois River Multi SMP model was extended to include three additional reaches upstream of the previous model. A few comments relative to the new model runs follow: Location of the proposed upstream discharge point was indicated on maps provided by James Ulmer of McGoodwin, Williams and Yates, Inc. The length, location, and slope assigned to each of the three additional reaches was extracted from the Flood Hazard Study conducted by the Corps of Engineers on Goose Creek and the relevant HEC-RAS input files. Initially I considered using the velocity and depth predicted by HEC-RAS for the 7Q10 flows for the three additional upstream reaches. However, these values are not consistent with previous modeling assumptions for Goose Creek. The HEC-RAS model was set up for flood flows — not 7Q10 conditions. As a result, the cross sections are adequate to predict flooding but not detailed enough to define the low -flow channel required for the Multi-SMP analysis. Data point GC -1 (included in the May, 1998 Dissolved Oxygen Study) is located in the new Reach 3. Therefore, hydraulic coefficients previously developed from data point GC -1 were used for Reach 3. New hydraulic coefficients were estimated for Reach 1 and Reach 2. Since no data are available for these reaches, the coefficients were estimated to provide velocity and depth predictions that are reasonable and consistent with previous modeling efforts. For each of the new upstream reaches, values for Ke, NH3 decay, SOD, and P -R are assumed to be the same as those previously used for the most upstream Goose Creek reach. These values are from the 1998 Pre -Dawn Calibration Runs as reported in the 1998 Dissolved Oxygen Study. The extended model was set up to include additional discharges for the Farmington Branch of Goose Creek and Owl Creek. Since these were 7Q10 runs, the upstream flow rate as well as these two additional discharges was set to zero. • The model runs incorporate revisions pursuant to comments from FTN and EPA. Escape coefficients for Tsivoglou are consistent with flowrate guidelines, SOD has been temperature corrected, K, has been capped at 15/day for some runs as noted in the following table, and hydraulic coefficients were adjusted so that b+d<=1. Clearly, additional field data are necessary to correctly predict velocity and depth for the new upstream reaches. However, the new model runs indicate that discharge further upstream would allow higher limits for BODs and NH3. Furthermore, oxygenation of the effluent could be reduced. The following table summarizes results of the Pre -Dawn modeling runs. S RNER MULTI SMP MODEL RUNS Pre -Dawn Runs (7Q10, temperature = 29) and17.8 mgd Effluent Discharge Run ID Effluent Limits I13.O. (m ) Applicable Reach Comments BODs NH3 D.O. Std. Min. GOOSEI8X 1.8 1.0 6.92 4.0 5.0 Reaches 1-4 Original Model (from confluence with Owl) Revised per FTN and EPA 5.0 5.0 Reaches 5-7 GOOSEI8A 2.0 1.3 6.92 4.0 5.11 Reaches 1-7 Extended Model (includes upstream reaches) K. calculated with Tsivoglou Escape Coefficients = 0.054 5.0 4.98 Reaches 8-10 GOOSE18B 2.0 13 6.92 4.0 5.11 Reaches 1-7 Extended Model (includes upstream reaches) K. capped at 15 or K. calculated with Tsivoglou 5.0 4.98 Reaches 8-10 GOOSE70% 2.0 1.3 5.38 4.0 5.11 Reaches 1-7 Extended Model (includes upstream reaches) Effluent D.O. reduced to 70% Saturation K. capped at 15 5.0 4.98 Reaches 8-10 GOOSE60%. 2.0 1.3 4.61 4.0 5.11 Reaches 1-7 Extended Model (includes upstream reaches) Effluent D.O. reduced to 60% Saturation K, capped at 15 5.0 4.98 Reaches 8-10 Pre -Dawn Runs (7Q10, temperature = 29) and15.0 mgd Effluent Discharge Run ID Effluent Limits D.O. (g)(gL Applicable Reach Comments BOD5 NH3 D.O. Std. Min. GOOSE18Y 3.0 1.0 6.92 4.0 5.0 Reaches 1-4 Original Model (from confluence with Owl) 5.0 5.0 Reaches 5-7 GOOSEI8C 3.0 1.8 6.92 4.0 4.95 Reaches 1-7 Extended Model (includes upstream reaches) K. calculated with Tsivoglou Escape Coefficients = 0.079 5.0 4.95 Reaches 8-10 GOOSEI8D 3.0 1.8 6.92 4.0 4.95 Reaches 1-7 Extended Model (includes upstream reaches) K. capped at 15 or K. calculated with Tsivoglou 5.0 4.95 Reaches 8-10 Pre -Dawn Runs (7Q10, temperature = 29) and10.0 mgd Effluent Discharge Run ID Effluent Limits D.O. (g(ft Applicable Reach Comments BODs NH3 D.O. Std. Min. GOOSE18Z 2.6 1.0 6.92 4.0 5.0 Reaches 1-4 Original Model (from confluence with Owl) 5.0 5.0 Reaches 5-7 GOOSEI8E 3.0 1.5 6.92 4.0 4.90 Reaches 1-7 Extended Model (includes upstream reaches) K. calculated with Tsivoglou Escape Coefficients = 0.079 5.0 4.96 Reaches 8-10 GOOSEI8F 3.0 1.5 6.92 4.0 4.90 Reaches 1-7 Extended Model (includes upstream reaches) K. capped at 15 or K. calculated with Tsivoglou 5.0 4.96 Reaches 8-10 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And CH2M HILL, INC. THIS AGREEMENT is made as of , 2003, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and CFI2M HILL, Inc. with offices located in Tulsa, OK and Little Rock, AR.(hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing of the Fayetteville Wastewater System Improvement Project and in particular Goose Creek / Illinois and White River Dissolved Oxygen Study and NPDES permitting assistance (The "Project"). Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYEIIEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of the ENGINEER'S services on the Project. All services shall be performed under the direction of a professional engineer registered in the State, of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. Professional Services-Designer-Rev3.doc A -- 1 022403 0 SECTION 2- BASIC SERVICES OF ENGINEER 2.1 General 2.1.1 Provide professional engineering services in connection with the Project as hereinafter stated, which shall include engineering and environmental consulting services incidental thereto. The detailed scope of services specifically defines the ENGINEER'S responsibilities and is included in Appendix A. 2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting engineering services, as the "Program Manager" for the Wastewater System Improvement Project. The professional design services to which this Agreement applies arc a part of the Wastewater System Improvement Project. ENGINEER shall coordinate their activities and services primarily with Program Manager and all other parties that CITY OF FAYETTEVILLE may contract with for program management or professional design services as a part of the Wastewater System Improvement Project. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the services in Appendix A. 2.1.2.1 Develop and include as a part of Appendix A of this Agreement for approval by CITY OF FAYETTEVILLE a project schedule which shall include, in acceptable level of detail, the steps and milestone dates to be undertaken by ENGINEER in completion of this Project. 2.1.2.2 The Project Schedule shall consist of a bar chart schedule depicting the duration of each sub -project and the discrete milestone activities, which make up the sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration. 2.1.3 Provide through subcontract services or data such as geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials, and equipment as necessary for authorized Project services. 2.1.3.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided and the value of the subcontract agreement. Professional Services-Designer-Rcv3.doc A —2 022403 0 2.1.3.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the Submittal Schedule contained in the Memorandum of Agreement, as amended, between ASWCC and the CITY OF FAYETTEVILLE and require all ENGINEER's subconsultants to be bound by the Submittal Schedule. 2.1.4 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with schedule. 2.1.5 The draft report shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, prior to submittal to the ADEQ. 2.1.6 See Attachment A, Scope of Work, for additional services or clarification of services to be provided by ENGINEER. SECTION 3- ADDITIONAL SERVICES OF ENGINEER 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by ENGINEER, ENGINEER shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Extra Services 3.1.1.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. Due to the nature of this Project, additional work scope tasks and assistance to the CITY OF FAYETTEVILLE is anticipated, however, the level of effort associated with the additional scope cannot be estimated at this time. Any additional work tasks will be documented and notification provided as required in Paragraph 3.2. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 arc required due to circumstances beyond ENGINEER's control, ENGINEER shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that Professional Services-Designer-Rev3.doc A -- 3 022403 such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to ENGINEER. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, ENGINEER shall have no obligation to provide those services. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER: 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 4.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services under this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYEIIEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4.7 Give prompt written notice to ENGINEER whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. Professional Services-Designer-Rev3.doc A —4 022403 0 4.9 Furnish, or direct ENGINEER to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.10 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. SECTION 6- PAYMENTS TO ENGINEER 6.1 Compensation 6.1.1 Professional Consulting Services For the Scope of Services described herein, CITY OF FAYETTEVILLE shall pay ENGINEER, as compensation for services set forth in Attachment A. ENGINEER will be compensated on the basis of a cost reimbursement plus fixed fee contract. The cost% and basis for compensation are shown on the Attachment B "Labor Hour Breakdown" and includes all project costs including labor, overhead, direct expenses, subcontracts and fixed fee. The total contract amount is One Hundred Fifty Thousand Six Hundred Ten Dollars United States Dollars (US 5150,610). 6.1.1.1 Subject to the City Council approval, adjustment of the total contract amount may be made should ENGINEER establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment Professional Services-Designer-Rcv3.doc A -5 022403 approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment shall be made upon CITY OF FAYE-TTEVILLE's approval and acceptance with the satisfactory completion of the Project. 6.1.2 Additional Services For authorized Additional engineering services under Section 3, "Extra Services", compensation to ENGINEER shall be negotiated at the time Additional services are authorized. Due to the nature of the project needs, other work items may be required in the future but their scope cannot be determined at this time. Therefore, the CITY OF FAYETTEVILLE may choose to amend this contract for additional assistance on such items as additional public information assistance, additional regulatory requirements, plant capacity evaluation, litigation assistance, etc. Any additional service will be specifically identified and scoped at the request of the CITY OF FAYETTEVILLE. 6.2 Statements Statements and updated progress schedule for each calendar month will be submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original document to CITY OF FAYETTEVILLE. Statements will be based on ENGINEER's estimated percent of services completed at the end of the preceding month, and justified by the updated progress schedule. Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his recommendations. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF Professional Services-Designer-Rcv3.doc A —6 022403 FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE, will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which arc specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 7- GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit SI,000,000 Combined Single Limit 51,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Professional Services-Designer-Rcv3.doc A - 7 022403 7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL and ENGINEER as additional insureds, or, to endorse CITY OF FAYETTEVILLE, BURNS & McDONNELL and ENGINEER as additional insureds on construction Contractor's liability insurance policies covering claims for personal injuries and property damageProfessional Responsibility 7.1.3 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. ENGINEER agrees not to seek or accept any compensation or reimbursements from the City of Fayetteville for engineering work it performs to correct any errors, omissions or other deficiencies caused by ENGINEER's failure to meet customarily accepted professional engineering practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of ENGINEER. 7.1.4 in addition ENGINEER will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by ENGINEER's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.2 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of ENGINEER. 7.3 Termination 7.3.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: Professional Services-Designer-Rev3.doc A —8 022403 I 7.3.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.3.1.2 An opportunity for consultation with the terminating party prior to termination. 7.3.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 7.3.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.3.2.2 An opportunity for consultation with the terminating party prior to termination. 7.3.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.3.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.3.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because ofENGINEER's default. 7.3.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 7.3.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, ENGINEER shall: 7.3.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.3.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. Professional Scrviccs-I)csigncr-Rev3.doc A -9 022403 7.3.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 7.3.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.4 Delays In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. 7.5 Rights and Benefits ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.6 Dispute Resolution 7.6.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 7.6.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. Professional Scrviccs-Designer-Rcv3.doc A - 10 022403 7.6.3 Notice of Dispute 7.6.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.6.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.6.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter . shall be referred to the Vice President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.7 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 7.8 Publications Recognizing the importance of professional development on the part ofENGINEER's employees and the importance ofENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining toENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE, may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost ofENGINEER's activities pertaining to any such publication shall be forENGINEER's account. Professional Services-Designer-Rev3.doc A — 11 022403 7.9 Indemnification 7.9.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS & McDONNELL, and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.10 Computer Models ENGINEER may use or modifyENGINEER's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or ENGINEER may develop computer models during ENGINEER's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by ENGINEER dots not constitute a license to CITY OF FAYETTEVILLE to use or modify ENGINEER's computer models. Said proprietary computer models shall remain the sole property of the ENGINEER. CITY OF FAYETTEVILLE and ENGINEER will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to useENGIKNEER's computer models. 7.11 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over Professional Services-Ocsigncr-Rcv3.doc A 12 022403 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. 7.12 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Attn: Greg Boettcher ENGINEER's N EER's address: CH2M HILL 502 S. Main, #400 Tulsa, Oklahoma 74103 Attn: Murry Fleming 7.13 Successor and Assigns CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.14 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.15 Entire Agreement This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYFTTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, Professional Serviccs-Dcsigncr-Rcv3.doc A — 13 022403 whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of ENGINEER: 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused byENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-fumished data. 8.1.3 ENGINEER's obligations under this clause are in addition toENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have againstENGINEER for faulty materials, equipment, or work. 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will he decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records 8.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by Professional Scrvices-Dcsigncr-Rcv3.doc A - 14 022403 ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of S 10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. Professional Services-Designer-Rev3.doc A — 15 022403 8.4 Covenant Against Contingent Fees ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.5 Gratuities 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice toENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub - consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF Professional Services-Designer-Rev3.doc A — 16 022403 FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under I8 USC Sec. 1001, a false statement may result in a fine of up to 510,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUFHORI-LED REPRESENTATIVE COMPANY NAME: CH2M HILL, Inc. SIGNATURE: DA PRINTED NAME: Murry Fleming TITLE; Professional Services-Designer-Rev3.doc A - 17 Vice President 022403 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor ATTEST: By: City Clerk CFI2M HILL, INC. By: Title: Vice President Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional Services-Dcsigncr-Rev3.doc A — IS 022403 FAYETTEV&LE � THE CITY Or FAYETTEVKLEE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Greg Boettcher Water & Wastewater From: Clarice Buffalohead-Pearman lW� City Clerk's Division Date: 7/30/2003 Re: Resolution Nos. 101-03, 108-03 thru 112-03 Attached are copies of the above resolutions passed July 15, 2003, by the City Council for the wastewater treatment plants Also attached are executed agreements signed by the mayor and city clerk as follows: 1. Res. No. 101-03: two original copies of the agreement with CH2M Hill, Inc. 2. Res. No. 108-03: two original copies of the agreement with Black & Veatch Corporation. 3. Res. No. 109-03: one original copy of the agreement with Bums & McDonnell Engineering Company, Inc. 4. Res, No. 110-03: two original copies of the agreement with Garver Engineers, LLC. 5. Res. No. 111-03: two original copies of the agreement with McGoodwin, Williams and Yates, Inc.. Appendix A-1 has a form for LSD uncompleted. Appendix A-1, page 14 and page 15 have forms that need to be completed and signed by the landscape administrator. I assume that the city is not to this phase as of yet. Please return a copy of these pages to the city clerk's office for filing when this process is completed. Thank you in advance for your cooperation. 6. Res. No. 112-03: two copies of the agreement with RJN Group, Inc. These resolutions along with the Exhibit As will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: Nancy Smith, Internal Auditor