Loading...
HomeMy WebLinkAbout111-03 RESOLUTION• • RESOLUTION NO, 111-03 A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT WITH MCGOODWIN, WILLIAMS AND YATES, INC IN THE NOT TO EXCEED AMOUNT OF $4,318,812.00 FOR ENGINEERING SERVICES RELATED TO THE NEW WEST WASTEWATER TREATMENT PLANT, WETLANDS MITIGATION AND BROYLES ROAD IMPROVEMENTS BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a lump sum contract in the not to exceed amount of Four Million Three Hundred Eighteen Thousand Eight Hundred Twelve Dollars ($4,318,812.00) attached as Exhibit A. This lump sum contract engages McGoodwin, Williams and Yates, Inc. to provide engineering services to include design and bid phase services for the West Side Wastewater Treatment facilities. McGoodwin, Williams and Yates, Inc. will also provide contract drawings, documents and specifications and design site surveys for: the West Side Wastewater Treatment facilities, Wetland Mitigation Area, Effluent Line, Broyles Road relocation (as more particularly described in the contract). Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire McGoodwin, Williams and Yates, Inc. for this project. •PASSED and APPROVED this the 15th day of July, 2003. ATTEST. By: Sondra Smith, City Clerk APPROVED: By AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And McGOODWIN, WILLIAMS AND YATES, INC. THIS AGREEMENT is made as of �s , 20 Q3, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and McGoodwin, Williams and Yates, Inc. with offices located in Fayetteville, Arkansas (hereinafter called MWY). 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 the new West Side Wastewater Treatment Plant, Effluent Line, Broyles Road Improvements, and Wetlands Mitigation (The "Project"). Therefore, CITY OF FAYETTEVILLE and MWY in consideration of their mutual covenants agree as follows: MWY 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 MWY's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services arc to be provided by MWY under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. 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 MWY. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of MWY. 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 Professional Services-Design-Final-May2003.doc A — 1 052303 1 A/Perna L. P �/ Ott &mitre, P Pt:- n Aisolosir • • Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF MWY 2.1 General 2.1.1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil, structural, mechanical, and electrical engineering services and normal architectural design services incidental thereto. 21.1.1 The Scopc of Services to be furnished by MWY during the Final Design Phase is included in Section 2.2 hereafter and in Appendices A-1, A-2, and A-3 attached hereto and madc part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by MWY during the Bidding Phase is included in Section 2.3 hereafter and in Appendices A-1, A-2, and A-3 attached hereto and made part of this Agreement. 2.1.1.3 The Scope of Services to be furnished by MWY during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.4 The Scope of Services to be furnished by MWY during the Post -Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.5 The preliminary Scope of Services to be furnished by MWY for Resident Services During Construction, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 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. MWY shall coordinate their activities and services primarily with Program Manager and all other parties that CITY OF Professional Services-Design-Final-May2003.doc A — 2 052303 • • FAYETTEVILLE may contract with for program management or professional design services as a part of the Wastewater System Improvement Project. MWY and CITY OF FAYETTEVILLE agree that MWY has full responsibility for the engineering design. 2.2 Final Design Phase 2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related documents. 2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for State Revolving Loan Fund funding. Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoft® Word version 97, SR -2 software. Contract drawings shall be prepared using standard borders, sheet sizes, title blocks and CADD standards provided by CITY OF FAYETTEVILLE. MWY may use their normal software for the preparation of drawings but the final product shall be provided to CITY OF FAYETTEVILLE in Autodesk AutoCAD version 2000. 2.2.1.2 Develop and include in Appendices A-1, A-2, and A-3 of this Agreement for approval by CITY OF FAYETTEVILLE, a project design schedule in which MWY shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by MWY in the completion of this final design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF FAYETTEVILLE, performance of services by CITY OF FAYETTEVILLE's consultants, and review and approval timcs required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by CITY OF FAYETTEVILLE, or for delays or other causes beyond MWY's reasonable control. Nonconformance with this schedule by MWY and its subconsultants may result in the assessment of damages payable by MWY Professional Services-Design-Final-May2003.doc A — 3 052303 • • to the CITY OF FAYETTEVILLE for costs and damages incurred. The maximum cost liability of MWY shall be limited to the total gross amount payable to or through the Consultant authorized under this agreement, including amendments thereto. 2.2.1.2.1 The progress design 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, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.2.10. 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, Insurance, Value Engineering, surveys, subcontracted work, and property acquisition and easement documents. MWY shall assign to each schedule activity of the progress design schedule a corresponding cost value that shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.1. of this Agreement. 2.2.1.3 When requested by the CITY OF FAYETTEVILLE's Water and Wastewater Director, prepare for and attend up to four City Council meetings to provide periodic updates on the progress of the final design. 2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the altemates shall be developed and described in accordance with Title 22, Article 9-203 of the Arkansas Code. 2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work into stand alone multiple construction or procurement packages which may yield immediate operating benefits to the CITY OF FAYETTEVILLE and give these first priority for completion. The separate design or procurement packages to be completed by MWY are listed below. 2.2.1.5.1 1. Broyles Road construction from the south property line in the city property north to the intersection of Persimmon Strcet. 2.2.1.5.2 2. West Side Wastewater Treatment Plant Effluent Line. 2.2.1.5.3 3. West Side Wastewater Treatment Plant. Professional Services-Design-Final-May2003.doc A — 4 052303 • • 2.2.1.5.4 4. Wetlands Mitigation on the West Side WWTP Property. 2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil and Water Conservation Commission, including the written approvals from the Arkansas Department of Health and the Arkansas Division of Environmental Quality. Actual Filing and Pcrmit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 2.2.2.1 Arkansas Soil and Water Conservation Commission (ASWCC) 2.2.2.2 Arkansas Department of Health (AHD) 2.2.2.3 Arkansas Department of Environmental Quality (ADEQ) 2.2.2.4 U.S. Army Corps of Engineers (COE) 2.2.2.5 Fayetteville Planning Commission 2.2.2.6 Washington County Quorum Court 2.2.2.7 City of Greenland 2.2.2.8 City of Farmington 2.2.2.9 Arkansas State Highway and Transportation Department 2.2.2.10 Railroad Authorities 2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost opinion for the Project caused by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the Project based on the final Bid Documents. 2.2.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year performance evaluation. Professional Services-Design-Final-May2003.doc A — 5 052303 • • 2.2.5 Fumish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents. 2.2.6 Determine land and casement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. 2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.2.7.1 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. 2.2.7.2 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 MWY subconsultants to be bound by the Submittal Schedule. MWY will provide a preliminary and final project performance work plan for submission to ASWCC. 2.2.8 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with final design schedule. 2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager and MWY such schedules, reports, opinions of probable costs, renderings, project summaries, and other data as may be required, for posting by others on a project web site to allow the public to monitor and review the activities, materials, and financial status of the project. Refresh the data supplied to the Program Manager no more frequently than monthly. 2.2.10 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, at the applicable completion levels outlined below. 2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent. 2 2 10 2 East Side Collection System Improvements — 30 percent and 90 percent. Professional Services-Design-Final-May2003.doc A - 6 052303 • • 2.2.10.3 West Side WWTP: • Broyles Road Improvements — 30 percent and 90 percent. • Plant Effluent Line — 30 percent and 90 percent. • Wcst Sidc Wastewater Treatment Plant — 30 percent, 60 percent, and 90 percent. • Wetlands Mitigation — 30 percent and 90 percent. 2.2.10.4 Paul Noland Facility: • Wet Weather Package — 30 percent and 90 percent. • Headworks Package — 30 percent, 60 percent, and 90 percent. • Solids Handling Package — 30 percent, 60 percent, and 90 percent. 2.2.11 See Appendices A-1, A-2, and A-3 for additional services or clarification of services to be provided by MWY. 2.3 Bidding Phase 2.3.1 MWY will follow Arkansas Soil and Water Conservation Commission statutory bidding protocol for State Revolving Loan Fund. 2.3.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to contractors of record. Notices shall comply with requirements of CITY OF FAYETFEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and Water Conservation Commission, Construction Assistance Division, and the Arkansas Development Finance Authority (ADFA). The legal notice to be placed in legal notices section of a local newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of publication secured. 2.3.3 Prepare addenda for drawings and Bid Documcnts as required and submit to Program Manager in timely manner such that addenda can be issued by MWY in accordance with Construction Contract General Conditions. All bidding protocols shall conform to ASWCC statutory requirements with all addenda being approved by ASWCC prior to issuance. 2.3.4 Securc updated state and federal wage rate decisions and incorporate into the Bid Documents. Update wage rate decision by addendum if necessary. Professional Scrvices-Design-Final-May2003.doc A — 7 052303 • • 2.3.5 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and communications during bidding and maintain list of plan holders. Print and distribute copies of plans and specifications for all prospective bidders and plan rooms. Collect from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. 2.3.5.1 MWY shall attend a Pre -Bid Conference organized, convened, and conducted by the Program Manager to explain the project requirements and receive questions from prospective bidders. MWY shall consider the questions received and issue necessary clarifications and changes to the Bid Documents through the use of addenda. Make logistical arrangements for and conduct a site tour of the project area. 2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing construction contracts. MWY shall prepare and submit bid certification documents to ASWCC for review. 2.3.7 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 2.3.8 Make recommendations regarding award of construction contracts. 2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to rccommend action by the respective bodies. Prepare and present a recommcndation complete with such supporting information as necessary for the bodies to make an informed decision on the action recommended. 2.3.10 Develop and include in Appendices A-1, A-2, and A-3 of this Agreement, a bidding services schedule in which MWY shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by MWY in the completion of the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period 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, and Insurance. MWY shall assign to each schedule activity of the bidding services schedule Professional Services-Design-Final-May2003.doc A — 8 052303 • • a corresponding cost value which shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.2. of this Agreement. 2.3.11 Scc Appendices A-1, A-2, and A-3 for additional services or clarification of services to be provided by MWY. 2.4 Construction Phase 2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.5 Post -Construction Phase 2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.6 Resident Services During Construction 2.6.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design Phase Services. SECTION 3 - ADDITIONAL SERVICES OF MWY 3.1 General If authorized in writing by the CITY OF FAYEFIEVILLE Mayor and the City Council and agreed to in writing by MWY, MWY shall furnish or obtain from others Additional Services of the following types that arc not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Grant and Loan Assistance Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.2 Financial Consultation Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such engineering data as required for any bond prospectus or other financing requirements. Professional Services-Design-Final-May2003.doc A — 9 052303 • • 3.1.3 Administrative Assistance Provide Contract and Project administraiion to the degree authorized by CITY OF FAYETTEVILLE 3.1.4 Furnishing renderings or models of the Project for CITY OF FAYE11EVILLE's use. 3.1.5 Miscellaneous Studies Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and the preparation of rate schedules, camings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor, and audits or inventories required in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.7 Extra Services 3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond MWY's control, MWY 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 such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to MWY. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, MWY shall have no obligation to provide those services. 3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's program or Project Budget. Professional Scrvices-Design-Final-May2003.doc A — 10 052303 • • 3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of MWY: 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 4.2 Assist MWY by placing at MWY'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 MWY to enter upon public and private property as required for MWY to perform his services undcr this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, Rid Documents, Drawings, proposals, and other documents presented by MWY 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 FAYETTEVILLE'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 MWY 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-Design-Final-May2003.doc A — 11 052303 • • 4.9 Pay for placement of legal notices and advertisements in newspapers or other publications required by program requirements of the Wastewater System Improvement Project. 4.10 Furnish, or direct MWY to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such documents for MWY's use in coordinating the Contract Drawings and Specifications. 4.12 CITY OF FAYE"ITEVILLE and/or its representative will review all documents and provide written comments to MWY 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. MWY 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 MWY 6.1 Compensation 6.1.1 A. Final Design Phase Services — Broyles Road For the Scope of Services during the Final Design Phase described herein for Broyles Road, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Two Hundred Five Thousand Nine Hundred Seventy -Nine United States Dollars (US S205,979). B. Final Design Phase Services — West Side Wastewater Treatment Plant For the Scope of Services during the Final Design Phase described herein for the West Side Wastewater Treatment Plant, CITY OF FAYETTEVILLE shall pay MWY the lump Professional Services-Design-Final-May2003.doc A — 12 052303 • • sum amount of Three Million Six Hundred Nincty-Seven Thousand Ninety -Five United States Dollars (US $3,697,095). C. Final Design Phase Services — West Side Wastewater Treatment Plant Effluent Line For the Scope of Services during the Final Design Phase described herein for the Effluent Line, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Two Hundred Eleven Thousand One Hundred Sixty -Nine United States Dollars (US $211,169). D. Final Design Phase Services — Wetlands Mitigation For the Scope of Services during the Final Design Phase described herein for the Wetlands Mitigation, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Sixty -One Thousand Nine Hundred Five United States Dollars (US $61,905). 6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made should MWY 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 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 MWY'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 accordancc with a format to be developed by MWY 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 eamed as the work is accomplished. Final payment for Design services shall be madc upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. Professional Services-Design-Final-May2003.doc A — 13 052303 • • 6.1.2 Bidding Phase Services A. Bidding Phase Services — Broyles Road For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Ninc Thousand Seven Hundred Fifty -One United States Dollars (US $9,751), payable in two equal installments. The first payment shall be due upon rcccipt of bids. The second payment shall be made upon submittal of bid certification documents to ASWCC RLF Division. 13. Bidding Phase Services — West Side Wastcwater Treatment Plant For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of One Hundred Six Thousand Seventy United States Dollars (US S106,070), payable in two equal installments. The first payment shall be due upon reccipt of bids. The second payment shall be made upon submittal of bid certification documents to ASWCC RLF Division. C. Bidding Phase Services — West Side Wastewater Treatment Plant Effluent Line For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Twenty Thousand Three Hundred Ten United States Dollars (US S20,310), payable in two equal installments. The first payment shall be due upon receipt of bids. The second payment shall be made upon submittal of bid certification documents to ASWCC RLF Division. D. Bidding Phase Services— Wetlands Mitigation For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Six Thousand Five Hundred Thirty -Three United States Dollars (US $6,533), payable in two equal installments. The first payment shall be due upon receipt of bids. The second payment shall be made upon submittal of bid certification documents to ASWCC RLF Division. 6.1.2.1 Subject to prior City Council approval, adjustment of the lump sum amount may be made should MWY 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; Professional Services-Design-Final-May2003.doc A — 14 052303 • • 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. 6.1.2.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such panics as CITY OF FAYETTEVILLE may designate for Bidding Phase services consistent with MWY's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be madc in accordance with a format to be developed by MWY and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated bidding services schedule as the basis for determining thc value earned as the work is accomplished. Final payment for Bidding Phase services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of thc Bidding Phase for the Project. 6.1.3 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.4 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.5 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.6 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to MWY shall be negotiated at the time Additional services are authorized. Professional Services-Design-Final-May2003.doc A — 15 052303 • • 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 MWY'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 MWY's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise MWY 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, MWY 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 are specifically exempted by MWY 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 MWY 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, MWY will maintain (in United States Dollars) the following minimum insurance coverages: Professional Services-Design-Final-May2003.doc A — 16 052303 • • Type of Coverage Limits of Liability Workers' Compensation Statutory Employers' Liability $500,000 Each Accident Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit Professional Liability Insurance $1,000,000 Each Claim MWY 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. 7.1.2 Construction Contractors shall be required to provide Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL and MWY as additional insureds, or, to endorse CITY OF FAYETTEVILLE, BURNS & McDONNELL and MWY as additional insureds on construction Contractor's liability insurance policies covering claims for personal injuries and property damage. Construction Contractors shall be required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE, BURNS & McDONNELL and MWY. All contract insurance carriers shall be required to list CITY OF FAYETTEVILLE, Arkansas Soil and Water Conservation Commission, BURNS & McDONNELL, and MWY as certificate holders, furnishing copies of the contractor's insurance certificate to each party 7.1.3 CITY OF FAYETTEVILLE, BURNS & McDONNELL and MWY waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of MWY's services. If the services result in a Construction Phase, a provision similar to this shall be incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE, and all construction Contractors shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE, BURNS & McDONNELL and MWY for damage or liability covered by any construction Contractor's policy of insurance. Professional Services-Dcsign-Final-May2003.doc A — 17 052303 • • 7.2 Professional Responsibility 7.2.1 MWY will exercise reasonable skill, care, and diligence in the performance of MWY's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to MWY any defects or suspected defects in MWY's services of which CITY OF FAYETTEVILLE becomes aware, so that MWY can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE and MWY further agree to impose a similar notification requirement on all construction contractors in the Bid Documents and shall require all subcontracts at any level to contain a like requirement. CITY OF FAYETTEVILLE rctains all remedies to recover for its damages caused by any negligence of MWY. 7.2.2 In addition MWY will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extcnt covered by MWY's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.3 Cost Opinions and Projections Cost opinions and projections prepared by MWY relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MWY's experience, qualifications, and judgment as a design professional. Since MWY has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, MWY does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by MWY. 7.4 Changes CITY OF FAYETTEVILLE shall have the right to makc changes within the general scope of MWY'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 Professional Services-Design-Final-May2003.doc A — 18 052303 order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of MWY. 7.5 Termination 7.5.1 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: 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that MWY is given: 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. 7.5.3 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 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work. 7.5.3.2 Any payment due to MWY at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of MWY's default. 7.5.4 If termination for default is effected by MWY, 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 MWY for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by MWY relating to commitments which had become firm prior to the termination. Professional Services-Design-Final-May2003.doc A - 19 052303 II 7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, MWY shall: 7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.5.5.2 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 MWY in performing this Agreement, whether completed or in process. 7.5.6 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. 7.5.7 If, after termination for failure of MWY to fulfill contractual obligations, it is determined that MWY 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. 7.6 Delays In the event the services of MWY are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond MWY's reasonable control, MWY shall be entitled to additional compensation and time for reasonable costs incurred by MWY in temporarily closing down or delaying the Project. 7.7 Rights and Benefits MWY's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.8 Dispute Resolution 7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and MWY 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 MWY in the performance of this Agreement, and disputes concerning payment. Professional Services-Design-Final-May2003.doc A - 20 052303 E 7.8.2 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. 7.8.3 Notice of Dispute 7.8.3.1 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; 7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give MWY 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. 7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and MWY 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 President of MWY 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. 7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to MWY for services rendered by MWY. 7.10 Publications Recognizing the importance of professional development on the part of MWY's employees and the importance of MWY's public relations, MWY may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to MWY'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 MWY. CITY OF FAYETTEVILLE may require deletion of Professional Services-Design-Final-May2003.doc A -21 052303 proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of MWY's activities pertaining to any such publication shall be for MWY's account. 7.11 Indemnification 7.1 1.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS & McDONNELL, and MWY 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. 7.12 Computer Models MWY may use or modify MWY's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or MWY may develop computer models during MWY's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by MWY does not constitute a license to CITY OF FAYETTEVILLE to use or modify MWY's computer models. Said proprietary computer models shall remain the sole property of MWY. CITY OF FAYETTEVILLE and MWY will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use MWY's computer models. 7.13 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specifications, field notes, and data are and remain the property of CITY OF FAYETTEVILLE. MWY may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by MWY as part of the Services shall become the property of CITY OF FAYETTEVILLE when MWY has been compensated for all Services rendered, provided, however, that MWY shall have the unrestricted right to their use. MWY 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 MWY. Professional Services-Design-Final-May2003.doc A — 22 052303 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. MWY makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the scaled original drawings/hard copies and the electronic files, the scaled drawings/hard copies will govern. 7.14 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 Street Fayetteville, Arkansas 72701 MWY's address: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 ASWCC's address: Project No. CS -050803-03 Arkansas Soil and Water Conservation Commission 101 E. Capitol, Suite 350 Little Rock, Arkansas 72201 7.15 Successor and Assigns CITY OF FAYETTEVILLE and MWY 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 MWY shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.16 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. Professional Services-Design-Final-May2003.doc A - 23 052303 0 7.17 Entire Agreement This Agreement represents the entire Agreement between MWY 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 MWY a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by MWY, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTIONS- SPECIAL CONDITIONS 8.1 Additional Responsibilities of MWY: 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 MWY 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 MWY shall be and shall remain liable, in accordance with applicable law, for an damages to CITY OF FAYETTEVILLE caused by MWY'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-furnished data. 8.1.3 MWY's obligations under this clause arc in addition to MWY'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 against MWY 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 MWY arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Professional Services-Design-Final-May2003.doc A - 24 052303 • Alarm and event printers. • Dial -up for remote communication link. c. Portable operator interface unit: • Portable laptop microcomputer system. • Communications software. • Historical database software. • Dial -up communication link to master plant workstation. d. Distributed control units located at the new Westside Plant: • Programmable logic controllers. • Analog and digital input modules for process status indicators. • Analog and digital output modules for process controls. • In -plant fiber optic communication links. e. Remote terminal units located at the two new lift stations: • Programmable logic controllers. • Radio communications equipment. • Communications links will be established between the two new lift stations and the new Westside Plant. • Analog and digital input modules for process status indicators. • Analog and digital output modules for process controls. C. 16 Coordination of Work • Coordination with Staff - MWY will coordinate and receive comments from operational staff during the design of the facilities. • Biosolids Equipment - MWY will coordinate with Black & Veatch Corp. the selection of biosolids thickening and dewatering equipment for use at the Noland Facility and Westside Facility. • Instrumentation - MWY will coordinate with City staff the operational interface of the Westsidc DCS system with the existing City of Fayetteville SCADA system. • NPDES Discharge Permit — The City of Fayetteville has an existing contract with others to develop stream models for effluent discharge at the new Westside WWTF. MWY will attend two meetings with the City to receive the results of the stream modeling. • Pre -Purchased Equipment — MWY will assist the Program Manager by providing proposed pump characteristics and specifications for possible advance purchase and assignment to construction contractors. MWY reserves the right to change exact pump operational points during the detailed design. • Cut -Over and Startup — MWY will coordinate with the Program Manager and RJN Group to develop a conceptual cut -over and startup plan to bring the Westside Collection System into the new Westside Plant. C.17 Services and Items Not Included • Biosolids Equipment — MWY will not be responsible for development of the Contract Documents/ Procurement Documents required to specify/purchase biosolids thickening or dewatering equipment set out under Item C. 14 above. • Biosolids Stabilization — The WWTF design does not include any facilities required to stabilize waste activated sludge (WAS) to either Class A or Class B levels. The WAS is to be thickened and dewatcred at the WWTF site without stabilization. Appendix A -I 0 Process Design — The Westsidc WWTF includes design for total nitrogen effluent limits of 10 mg/I or more. Effluent limits more stringent than 10 mg/I total nitrogen may require additional facilities. Design of additional facilities will be considered Additional Services. Instrumentation — Design services for items of instrumentation and control associated with the modifications at the Paul Noland Facility or any of the existing sewerage lift stations in Fayetteville sewage collection system that may be modified by other consultants is not a part of MWY's work. Additionally, design services for items of communications required to link the Paul Noland Facility and the new Westside WWTF is to be provided by City personnel. Fees and Publication Costs — Fees associated with federal or state agency review of the project or publication of the Invitation to Bid are not included in this project. State and federal agency review fees and publication fees will be paid by the City of Fayetteville. PART D — SUBMISSION OF PLANS AND SPECIFICATIONS TO REVIEWING AGENCIES MWY will submit Plans and Specifications to the following agencies for review: • Arkansas Soil and Water Conservation Commission (ASWCC) • Arkansas Department of Environmental Quality (ADEQ) • Arkansas Department of Health (ADH) • Corps of Engineers (COE) PART E — LARGE-SCALE DEVELOPMENT MWY will prepare a Large -Scale Development Plan in accordance with City of Fayetteville's checklist dated April 8,2002(16 -page document attached). Items 1 through 56, except for Item 54, shall be accomplished under the Scope of Services of the design contract. Item 54 shall be performed under Additional Services, Section 3 and Section 6.1.6, of this contract. PART F — ENVIRONMENTAL REQUIREMENTS It is our understanding that as part of this project, the City of Fayetteville will retain the services of an environmental consultant to assist MWY in the development of a Wetland Mitigation Plan, and to independently develop a Stormwatcr Prevention Plan (SWPP), Best Management Practices Plan (BMP), and the 404 permit application for this project. MWY will assist in the review of the SWPP and BMP as it pertains to the Westsidc WWTF. PART G — BIDDING SERVICES Each of the items listed in G.01 through G.07 below pertain to each of the two Contract Sections as follows: Contract Section I — Wetlands Mitigation Area Contract Section II — Westside Wastewater Treatment Facilities G.01 MWY will prepare an opinion of probable construction cost prior to bid. Cost opinions and projections prepared by MWY and its subcontractors relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MWY and its subcontractors' experience, qualifications, and judgment as a design professional. Since MWY and its subcontractors have no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, MWY and its Appendix A -I - 9 subcontractors do not guarantee that actual rates, costs, performance schedules, and related items will not vary from cost opinions and projections prepared by them. G.02 MWY will prepare an Invitation to Bid to be published by the City of Fayetteville. G.03 MWY will distribute construction Contract Documents to prospective bidders. A fee to prospective bidders will be charged by MWY to recover the reproduction, administration and shipping costs of the Contract Documents. G.04 MWY will attend one pre -bid conference G.05 MWY will issue and submit to the Program Manager and ASWCC proposed addenda and clarifications to the construction Contract Documents. G.06 After the receipt of bids, MWY will prepare a Recommendation of Award for consideration by the City of Fayetteville. G.07 MWY will attend one Water and Sewer Committee Meeting and one City Council Agenda Session, and one City Council Meeting for presentation of the Recommendation of Award. Appendix A-1 - 10 c CITY OF FAYETTEVILLE, ARKANSAS LARGE SCALE DEVELOPMENT FOR STAFF USE ONLY FEE: S200.00-$800.00 Date Application Submitted: Date Accepted as Complete: S -T -R: Case/Appeal Number: PPq. Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: _ Applicant _ Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name- Name - Address - Address - Phone - Fax - Site Address / Location: Current Zoning District: Assessor's Parcel Number(s) for subject property: Total Acreage: Number of Lots: FINANCIAL INTERESTS Phone - Fax - Number of Dwelling Units: The following entities and / or people have financial interest in this project: April 8. 2002 Ci.SHARON'S DOCUAfE'NTSIFA Y£7TEV/LLEiFY2961FY296 DESIGN CON TRAC7ILSD 2002. DOC Pages APPLICANT/REPRESENTA: I certify under penalty of perjury that the fo1oing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): Date: PROPERTY OWII'ER(S) /AUTHORIZED AGENT: 1/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/wc have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf) Owners (attach additional info if necessary): Name (printed): Signature: Date: Name (printed): Signature: Date: Checklist: Attach the following items to this application: Address - Phone - Address - Phone - O Payment in full of applicable fees for processing the application: LSD Non-Residential............................................................ $800.00 Ten or less residential units $200 00 .......................................... Twenty-five or less residential units ............................. $400.00 Twenty-six or more residential units ............................. $800.00 Grading & Drainage Upto .5 acre................................................................... $75.00 .5 acre to I acre............................................................. $100.00 OverI acre................................................................... $200.00 Tree Preservation........................................................................ $120.00 O Legal description of property (may be found on deed or current survey of property). A survey may be required if the deed cannot be planed accurately. O Two sets of typed, mailing labels listing the name and address of each adjacent property owner. May be found at the county assessor's office. O A copy of the plat on record in the county assessor's office. The owner's name and the parcel number for every adjacent property shall be shown on this plat (map). April 8. 2002 C: cSHARON'S DOCUMENTsFA YETTEV1LLE1FY2961FY296 DESIGN CONTRACTILSD 2002.DOC Page 2 O Provide a copy of the written decision from the Parks and Recreation Advisory Board regarding park land dedication requirements. (Residential projects only) O One large, color rendered elevation board showing any elevation of the proposed project which is visible from a public right of way when project is subject to Commercial Design Standards. Materials and colors must be called out on this drawing. O 12 color elevations showing all four sides of each proposed building. O Signed LSD and Grading and Drainage Applications O A 3 1/2" diskette with all information in AutoCad or a similar format must be submitted with your application. O Twenty-eight (28) copies of the plat or plan folded to page size with title information on the outside. Plat! should be drawn in layers, symbols, and line types as used by the City Drafting Department, when possible. All of the following information shall be contained on a single plat. The tree preservation plan and grading/drainage may be submitted on separate plats if desired. Any deviation from this format shall be approved prior to submittal. PLA T INFORMATION General I. Names, addresses, zoning and property lines of all property owners adjacent to the exterior boundaries of the project (including individual lots across streets and rights -of -way) shall be located on the plat at the correct location. 2. Names, addresses, telephone numbers, of owner(s), developer(s) and project representative. 3. North arrow, scale (graphic and written), date of preparation, zoning classification, and proposed use. 4. Title block located in the lower right hand comer indicating the name and type of project, scale, firm or individual preparing drawing, date, and revisions. 5. Provide a complete and accurate legend. 6. A vicinity map of the project with a radius of 1.5 miles from the project. This map shall include any Master Street Plan streets as well as the 100 -year flood plain boundary. 7. Street right-of-way lines clearly labeled. The drawing shall depict any future R.O.W. needs as determined by the AIITD and Master Street Plan. Future R.O.W. as well as existing R.O.W. and center lines should be shown and dimensioned. 8. The location of all existing structures. Show the location of proposed buildings, square feet and height. Dimension buildings from the roof overhang and setbacks to property lines. 9. Site coverage note indicating the percentage of site that is covered by both buildings and surfaced area. Legal Description 10. Written legal descriptions including area in square feet or acres that read clockwise. This shall be provided on the plat. (Note: If the project is contained in more than one tract, the legal for each individual tract and a total tract description must be provided.) 11. Boundary survey of the property shown on the plat. The surveyor shall seal, sign, and date the survey. The survey shall be tied to state plane coordinates. 12. Provide a benchmark, clearly defined with an accuracy of 1/100. This benchmark must be tied to USC & GS Datum. Benchmarks include but arc not limited to the following: fire hydrant, man hole, etc. April 8, 2002 C: IS/URON'S DOCUAIENT.W AYETTEV/LLEIFY2961FY296 DESIGN CONTRAC7ILSD 2002.DOC Page 3 I 13. Each plat shall have 2 points described in State Planes Coordinates, Arkansas, North, North American Datum, 1983 (NAD 83) 14. Point -of -beginning from a permanent well-defined reference point. This P.O.D. shall be clearly labeled on the drawing. 15. Curve data for any street which forms a project boundary. Floodplain / Floodway / Wetlands 16. Show 100-yr floodplain and / or floodway and base flood elevations. Reference the FIRM panel number and effective date. 17. Note regarding wetlands, if applicable. Note if Army Corps of Engineers determination is in progress. Topographic Information 18. Existing and proposed topographic information with source of the information noted. Show: a. Two foot contour interval for ground slope between level and ten percent. b. Five foot contour interval for ground slope exceeding ten percent. 19. Spot elevations at grade breaks along existing road centerlines, gutter lines and top of curbs or edge of pavement. 20. Contours of adjacent land within 100 feet of the project shall also be shown. Contour information may be available at the City in a digital format. Check with the drafting department for availability and associated cost. Tree Preservation/Landscape Plans 21. A Site Analysis drawing and Analysis report is required of all developments that have existing trees present. If no existing trees arc present, a Tree Preservation Fee Waiver Form shall be submitted with the plans. A site analysis drawing must clearly show the locations and types of all existing natural features on the site including features 100' beyond the property lines that may be affected by the design. A complete list of the information required to be shown on the Site Analysis may be found in the City of Fayetteville Landscape Manual available free of charge from the Tree and Landscape Department. • The analysis report is a written description of design decisions and how they affect the preservation of existing natural resources on the site 22. The Tree Preservation Plan, which should be incorporated with the Grading plan and be titled Grading / Tree Preservation Plan, is a depiction of the existing tree coverage of the site and the areas established for preservation. All existing trees must be shown on the plan. Groupings of trees may be indicated by the edge of the overall canopy although trees within the grouping, that meet the definition of significant, must be individually located and the spread of their canopy indicated on the drawing. The species, canopy spread, trunk diameter and average health of the tree must be shown in a chart of the plan. Tree preservation measures must also be shown on the drawing along with mitigation information if mitigation is approved by the Landscape Administrator. A complete list of the information required to be shown on the Tree Preservation Plan may be found in the City of Fayetteville Landscape Manual. 23. Landscape plan requirements for the Off Street Parking Ordinance, the Overlay District, and Commercial Design Standards are to be approved by the Planning Commission with a recommendation by the Landscape Administrator. The conceptual design may be reviewed by the Planning Commission however a detailed plan must be approved by the Landscape Administrator prior to the issuance of the building permit. The conceptual plan shall show the general layout of the plant material and shall include proposed plant species (common names are acceptable) and size. Existing and proposed utility lines shall be shown on the plan. When an ordinance requires shrubs or other screening material, show the layout of planting beds (it is recommended that shrubs be within defined planting beds for ease of maintenance) The detailed plan shall also include approved planting details and notes and particulars for irrigation. April 8. 2002 C: SHARON'S DOCUMENTSWA YEIT£V/LLEIFY2961FY296 DESIGN CONTRACNSD 2002.DOC Page 4 24. Landscape proposals for parking lots and/or tree replacement requirements shall include proposed plant species (common names are acceptable) and size. Existing and proposed utility lines shall be shown on the plan. State the method for irrigating the plant material on the plan. When an ordinance requires shrubs or other screening material, show the layout of planting beds (it is recommended that shrubs be within defined planting beds for ease of maintenance). Utilities - Existing 25. Show on the drawing all known on -site and off -site existing utilities and easements (dimensioned) and provide the structures locations, types, and condition and note them as "existing" on the plat. 26. Existing easements shall show the name of the easement holder, purpose of the easement, and the hook and page number for the casement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the plat or plan. Utilities - Proposed 27. Show all storm sewer structures, sanitary sewer structures and drainage structures: 28. Show all Sanitary sewer systems 29. Note the occurrence of any previous overflow problems on -site or in the proximity of the site. (Also, contact the Water / Sewer Superintendent, at 575-8386). 30. Water systems, on or near the site: a. Provide pipe locations, types, and sizes b. Note the static pressure and flow of the nearest hydrant c. Show location of proposed fire hydrants and meters. 31. Underground or surface utility transmission lines: (Note: This category includes, but is not limited to Telephone, Electrical, Natural Gas, and TV Cable) a. Locations of all related structures (pedestals, poles, etc.) b. Locations of all lines (note whether the line is below or above ground) c. A note shall be placed where streets will be placed under the existing overhead facilities and the approximate change in grade for the proposed street. 32. State the width, location, and purpose of all proposed easements or rights of way for utilities, drainage, sewers, flood control, ingress/egress or other public purposes within and adjacent to the project. Streets, Rights -of -way, And Easements 33. The location, widths, grades, and names of all existing and proposed streets (avoid using first names of people for new streets), alleys, paths, and other rights -of -way, whether public or private, within and adjacent to the project; private casements within and adjacent to the project; and the radius of each centerline curve. Private streets shall be clearly indicated and named. Names of streets should be approved by the 911 Coordinator. 34. A layout of adjoining property (within 300) in sufficient detail to show the effect of proposed and existing streets (including those on the master street plan), adjoining lots, and off -site easements. This information can be obtained form the Master Street Plan, Aerial Photos, and the City Plat Pages located in the Planning Office if requested. 35. The location of all existing and proposed street lights (At every intersection, cul-de-sac & every 300and associated easements to serve each light.) April 8. 2002 CaSH.4ROWS DOCUAIENTSIFA YE77EV/LLE.FY2961FY296 DESIGN CONTRAC7V.SD 2002.DOC page S I Site Specific Information 36. Provide a note of any known existing erosion problems on -site or within 300downstream of the property. 37. The location of known existing or abandoned water wells, sumps, cesspools, springs, water impoundments, and underground structures within the project. 38. The location of known existing or proposed ground leases or access agreements, if known. (c.g. shared parking lots, drives, areas of land that will be leased) 39. The location of all known potentially dangerous areas, including areas subject to flooding, slope stability, settlement, excessive noise, previously filled areas and the means of mitigating the hazards (abatement wall, signage, etc.). 40. The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the project. If land is to be offered for dedication for park and recreation purposes it shall be designated. 41. For large scale residential development, indicate the use and list in a table the number of units and bedrooms. 42. For non-residential use, indicate the gross floor area, and if for multiple uses, the floor area devoted to each type of use. 43. The location and size of existing and proposed signs, if any. 44. Location and width of curb cuts and driveways. Dimension all driveways and curb cuts from side property line and surrounding intersections. 45. The location and number of bike racks provided and required. 46. Location, size, surfacing, landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing required, provided, and handicapped accessible parking spaces. 47. Location of buffer strips, fences or screen walls, where required (check Unified Development Ordinance for specific requirements). 48. Indicate location and type of garbage service. Dimension turnaround area at dumpster location. 49. A description of commonly held areas, if applicable. 50. Draft of covenants, conditions, and restrictions, if any. 51. A written description of requested waivers from any city requirement. 52. Show required building setbacks for large scale developments. Provide a note on the plat of the current setback requirements for the subdivision. A variance is necessary from the Board of Adjustment for proposed setbacks less than those set forth in the zoning district. 53. Preliminary grading and drainage plans and reports as required in the City Engineer's Office. Other Requirements 54. Any other data or reports as deemed necessary for project review by the City Planner, City Engineer or Planning Commission, April 8. 2002 C'SNARON'S DOCUMEN7Y1FA YE7TEV/LLEIFY2961FY296 DESIGN CONTRAC7V.SD 2002.DOC Page 6 Prior to Building Permit: 55. Prior to the issuance of a building permit for a large scale development, an casement plat shall be filed of record in the office of the circuit clerk dedicating all required easements and rights -of -way. Contact Planning Division for signature block and additional information. 56. All public improvements and required landscaping are required to be guaranteed prior to the issuance of a building permit. The City Planner and City Engineer may waive any of these application requirements when, in their discretion, any such requirement is not necessary due to the nature of the proposed project, or other circumstances justify such waiver. A pre -application conference may be arranged and is encouraged to review the proposed project and discuss the checklist requirements. (Note: As this request goes through the review process, revised copies of the project plat, and elevations, if applicable, will be required) April 8. 2002 C: tSHARON'S DOCUA1EN751FA YE77EVILLEU-'Y296 LFY296 DESIGN CONTRIC7.LSD 2002.DOC Page 7 C CHAPTER 157: NOTIFICATION AND PUBLIC HEARINGS §157.01 GENERAL REQUIREMENTS/ INFORMATION. A. Notice. Notice shall include the following information, unless specific requirements herein provide otherwise: 1. Project Description. Description of the project or request, 2. Use. The use of the property, 3. Zoning. Current zoning, 4. Acreage. Acreage of project, 5. Public Hearing. Time, date, and location of public hearing, 6. Name. The property owner's and/or the developer's name, and 7. Review Location. Phone number, address, project name and information on where the file may be reviewed at the City Administration Building. B. Assessment Records. Property owners shall be identified from the assessment records available at the Washington County Assessor's Office on the date an application is submitted for processing. C. Who May be Heard. Any person desiring to be heard at a public hearing may appear in person, by agent, or by attorney. §157.02 DEVELOPMENT. A. Large Scale Development. The following requirements shall apply to Large Scale Developments. 1. Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision Committee at which the development plan is to be considered. 2. Notice of Public Hearing/Developer. Prior to a public hearing being held, the developer shall provide the following notice: April 8. 2002 (':ISNARONIS DOCUMEN7SFA YETTEVILLEWFY296IFY296 DESIGN CONTRACTILSD 7001. DOC Page 8 a. Who Gets Notice. Notice of the proposed development shall be given to owners of any property having a common boundary with, and a different zoning classification than the property proposed for development, no later than seven (7) calendar days prior to the public hearing. b. Methods of Notice. Notice shall be by one of the following methods: (1) Mail. Certified mail, return receipt requested, to at least one of the record owners of a property, (2) Publish. Publish notice in the legal notice section of a newspaper of general circulation within the City, (3) Signatures. Obtaining signatures of at least one of the record owners of a property on a copy of the proposed large scale development plan. 3. Proof of Notice. At least 7 days prior to the Subdivision Committee meeting at which approval of the large scale development plans will be considered, the applicant shall file one of the following with the Planning Office: a. Receipts. Return receipts from the mailing and copy of the notice, b. Proof of Publication. Proof of publication, c. LSD Plan. Signed and dated large scale development plan. (Code 1991, § 159.54; Code 1965, App. C. Art. TV, §1; Ord. No. 1750, 7-6-70; Ord. No. 3925, §6, 10-3-95) B. Planned Unit Developments. The following requirements shall apply to Planned Unit Developments. 1. Public Hearing Required. a. Small Area PUD. A public hearing shall be called coincidental with the concept plan review by the Planning Commission. b. Large Area Concept PUD. If, after review, the Planning Commission deems it advisable to have a public hearing on the proposed PUD, a public hearing shall be held. 2. Notice of Public Hearing/Developer. a. Who Gets Notice. Notice of the proposed PUD shall be given by the developer to all persons owning property within 100 feet of the perimeter of a PUD at least ten days prior to the meeting at which the Planning Commission is to review the concept plan. April 8. 2002 C. ISIIARON'S DOCUM£NTSkFA YETTEVIIIEV'Y2961FY296 DESIGN CONTRACTLSU 2002.DOC Page 9 b. Methods of Notice. Notice shall be by one of the following methods: (1). Personal. Personal contact, or (2). Mail. Certified mail, return receipt requested. 3. Notice of Public Hearing/City. Notice of public hearing shall be given by the City in both of the following manners. a. Publish. Publish notice in a newspaper of general circulation in the City at least one time 15 days prior to the public hearing, b. Signs. Posting a sign or signs, each 18 inches high by 24 inches wide, at conspicuous places in the area involved, 15 days prior to the date of the public hearing. 4. Proof of Notice. On or before the day the Planning Commission reviews the concept plan, the applicant shall file one of the following with the Planning Office: a. Receipts. Return receipts from the mailing and copy of the notice, b. Contact. Proof showing personal contact. (Code 1991, §160.121(L)(M); Code 1965, App. A, Art. 8(12); Ord. No. 1747, 6-29-70; Ord. No. 1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord. No. 2538, 7-3-79; Ord. No. 2582, 12-4-79; Ord. No. 2633, 5-20-80; Ord. No. 2710, 3-24-81; Ord. No, 2779, 11-17-81)(Codc 1991, §160.156; Code 1965, App. A, Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Ord. No. 3716, §1, 6- 15-93; Ord. No. 3925, §7, 10-3-95) April 8, 2002 C. LSI URON'S DOCUM£NTSIFA YL7TEV/LLEIFY296IFY296 DESIGN CONTRACTV.SD 2002.DOC Page /0 PHYSICAL ALTERATION OF LAND (i.e. Grading) And/or STORM WATER MANAGEMENT, DRAINAGE AND EROSION CONTROL PERMIT APPLICATION COVER SHEET Project title / name: Is the submittal: Preliminary: or Final: If final, please list the date of the preliminary submittal: APPLICANT INFORMATION: Name: Address: Telephone: Relationship to the project: OWNER'S INFORMATION: Address:_ Telephone: ENGINEER / ARCHITECT INFORMATION: Name of engineer, architect or landscape architect as applicable (if different From Address:_ Telephone: OWNER'S SIGNA REVIEW FEE SCHEDULE: Up to 0.5 acre - S75 0.51 to 1.0 - $100 over 1.0 acre - $200 Fee required: (Note: fee generally required at the preliminary application) Date Approved: Denied: Date: City Engineer or authorized Staff Engineer April 8. 2002 C: SHARON'S DOCUMENTSIFA YETTEVILLEIFY296TY296 DESIGN CONTRACTVSD 2002.DOC Page I I Tree Preservation Plan Requirements It is suggested that all projects with existing trees should be reviewed with the Landscape Administrator prior to site design to determine the extent of nee preservation required. The tree preservation plan can be combined with the proposed project's grading plan, but the plan must be titled Grading Plan/Tree Preservation Plan. Step 1: Identification of Existing Canopy _Show the location and determine the square footage of all existing trees on the proposed project's site. _The exact location, species, trunk diameter, health, and canopy spread of any significant trees must be identified and shown on the plan. A "significant" nee is a tree with a trunk diameter of 24 inches or more for large growing species (i.e. Oak), 18" or more for slow growing or medium sized species, and 8 inches or more for small growing species (i.e. Redbud). To determine the canopy spread of individual trees, measure the diameter of the canopy and figure the area. If no "significant" trees exist on the site, a statement confirming this fact must be included on the plan. Groups of existing trees that do not qualify as "significant" may be identified by their canopy edge, and a square footage of the area's canopy can then be calculated. The predominant species, average size, and health of the trees with in the grouping shall be indicated. Step 2: Percentage of Preserved Tree Canopy _Designate on the plan the location and square footage of preserved tree canopy. REMINDER: Preservation areas must be areas that can remain entirely undisturbed at all stages of construction. If you cannot design the project to meet the minimum canopy requirement, STEP 5 describes the tree mitigation/off-site alternatives option. This option must be pre -approved by the Landscape Administrator, Step 3: Tree Canopy Table _In a table format, label the total percent of: A) Existing Canopy B) Total Canopy to be Preserved C) Total Canopy to be Removed D) Mitigation Canopy if approved Note: Canopy is to be calculated as a percentage of the total acreage of the entire property. Step 4: Preservation Method Specifications _Show a distinctive graphic line for the barrier fencing, along the dripline • or ten feet from the trunk (whichever is greater), around all tree preservation areas. •The dripline is an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground. _Include a specification drawing to show the method and materials used for preservation fencing. See the page # ( ) for examples. _Show the location of all existing and proposed utilities, and all areas affected by grading and drainage. REMINDER: Utility easements shall not be counted as areas for tree preservation. _Identify on -site areas for the delivery and storage of construction materials, on -site parking, cement truck wash -out, and soil stockpiles. .If root pruning, mulching, aeration, or other procedures are required, please indicate on plans. April 8. 2002 CWIARONIS DOCUMENTStFA YE77EV/LLEWY2961FY296 DESIGN CONTRAC71LSD 2002. DOC /'age 12 Step 6: Drainage, Grading, and Subsequent Construction Plans ______Be sure the project's final drainage & grading plan, submitted for approval to the City Engineer, is coordinated with your tree preservation plan. Cut or fill within tree preservation areas is not permitted and the drainage & grading permit for the proposed project will not be issued unless it is in accordance with the tree preservation plan. Step 7: On -Site Mitigation or Off -Site Alternatives _Indicate on the Tree Canopy Table the amount of canopy in square feet that falls short of the preservation requirement _Number of trees required for forestation based on the preservation priority of the canopy removed and the base density of forestation trees See guidelines in the Manual _Number of trees, the size and species, and the location of all on -site mitigation trees _Dollar amount to be contributed to the tree fund if utilized for Off -Site Alternatives _Complete Mitigation Form Step S: Maintenance of Tree Preservation Areas During Construction _Prior to starting construction of the project, you are required to construct protection barriers as specified on the tree preservation plan, around all tree preservation areas. _If applicable, root pruning, trimming, or other preservation activities will be required prior to any disturbance to the site unless expressly allowed by the Landscape Administrator. _In order for the project to remain in compliance with the Tree Ordinance, and to avoid potential fines or stop work orders, you must maintain the protection of all trees designated "preserved" on the approved tree preservation plan. _Preserved trees and tree preservation areas are to be indicated on the utility plans and grading plans to alert contractors of areas that require preservation. Step 9: Final Plat Approval/Certification of Occupancy _Compliance with the Tree Ordinance during construction must be maintained and verified by the Landscape Administrator during periodic site inspections, _If applicable, any remedial tree preservation activity, required by the Landscape Administrator, must be completed before the acceptance of the final plat or Certificate of Occupancy. _Areas designated for tree preservation must be clearly depicted on an Easement Plat for Large Scale Developments and on the Final Plat for non-residential subdivisions. The document must meet the following guidelines: Tree Preservation Areas The tree preservation area must be shown on the plat as it relates to the subject property and must be dimensioned or described by metes and bounds for input into the city GIS system. The Tree Preservation Area must he clearly marked on the Easement Plat or Final Plat and include the following language: April 8. 2002 C. (SHARON'S DOCUMF.N73V'A YETTEVILLElFY296iFY296 DESIGN CONTRACTILSD 2002.DOC Page l3 8.3 Audit: Access to Records 8.3.1 MWY 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. MWY shall also maintain the financial information and data used by MWY 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. MWY 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 $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 MWY; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; Professional Services-Design-Final-May2003.doc A - 25 052303 8.3.3.3.3 If the suhagreement is terminated for default or for convenience. 8.4 Covenant Against Contingent Fees MWY 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 MWY 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 MWY or any of MWY'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 to MWY 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 MWY as it could pursue in the event of a breach of the Agreement by MWY. 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 MWY 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 arc subject to the Arkansas Freedom of Professional Services-Design-Final-May2003.doc A — 26 052303 Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYE I FEVILLE, MWY 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. Professional Services-Dcsign-Final-May2003.doc A — 27 052303 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 18 USC Sec. loot, 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: McGoodwin, Williams and Yates, Inc. SIGNATURE: DATE: ,S�2%�o.3 PRINTED NAME: Carl Ya e TITLE: President IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and MWY, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY 0 .,•'EpYE/REF,-. � !. By: tntATI-ES1 ' (�Q- By: vNd��l nlw" t6 fit• •• -» a" City Clerk McGOODWIN, WILLIAM ND YATES, INC. By: arl Yates, P. ., Pre ent ATTE8T1 r 4 By: C. Ulmer, P. 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-Design-Final-May2003.doc A —28 052303 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A-1 - SCOPE OF SERVICES FOR FINAL DESIGN PHASE & BIDDING SERVICES WESTSIDE WASTEWATER TREATMENT PLANT This is Appendix A-1, consisting of ten pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. dated Initial: CITY OF FAYETTEVILLE McGOODWIN, WILLIAMS AND YATES, INC. The following contains more detailed Scope of Services tasks for the Final Design Phase than presented in the text of the Agreement for Professional Engineering Services: Generally, the project will include the final design of a Wastewater Treatment Plant having an annual average capacity of 10 million gallons per day with a hydraulic capacity of 32 MGD, and 7.5 MG of flow equalization. The purpose of the facility will be to treat wastewaters generated within the Illinois River Watershed on the west side of the City of Fayetteville. The facility will treat influent wastewater to the following limits: Discharge Concentrations — Monthly Average, mg/I Characteristic May to November December to April CBODS 5.0 5.0 TSS 5.0 5.0 Ammonia - Nitrogen 1.9 3.0 Phosphorus 1.0 1.0 PART A - PROJECT ADMINISTRATION AND MANAGEMENT A.01 Project Initiation and Administration. McGoodwin, Williams and Yates, Inc. (MWY) will prepare and negotiate professional services contracts with the City of Fayetteville. MWY will provide project administration and management services during the detailed design and bid phases of the project. MWY will set up a file management system for the Westside Wastewater Treatment Facilities (WWTF), track project progress, and will prepare billing invoices. A.02 Standards and Criteria. MWY agrees to utilize "Drafting Standards and Criteria," published for this project by the City of Fayetteville. MWY also agrees to utilize, to the extent practicable, the "Design Standards and Criteria" published for this project by the City of Fayetteville. A.03 Specifications. MWY will use City -provided front-end documents and Division I Specifications in preparation of the Contract Documents. MWY will follow the MastcrFormat and SectionFormat recommended by the Construction Specifications Institute during preparation of the Technical Specifications. MWY will follow the MasterFormat level one titles. Level two titles will be based upon the MasterFormat recommendations and MWY's experience and specifications for work of this type. The Section format will be based upon Part I — GENERAL; Part 2— PRODUCTS; and Part 3 — EXECUTION. Details contained in these Sections will be based upon MWY's experience for this type of work. Appendix A-1 - I A.04 Meetings. MWY will attend up to four City Council meetings and monthly progress meetings with the City, Program Manager, and other design consultants when appropriate. A.05 Subcontractor Coordination. MWY will coordinate the efforts of its subcontractors on this project. A.06 Construction Permits. MWY will prepare applications for Arkansas Department of Environmental Quality (ADEQ) construction permits for the City's execution. A.07 Project Performance Workplan. MWY will prepare and submit to the City of Fayetteville and the Arkansas Soil & Water Conservation Commission (ASWCC) a Project Performance Workplan for the Westsidc WWTF project. PART B — PROJECT DEVELOPMENT The detailed design of the Westsidc Wastewater Treatment Facilities will be developed based upon the process recommendations contained in the Final Facility Plan Amendment, RLF Project No. CS -050803-03, dated August, 2001, and approved by the ASWCC. B.01 Hydraulic Analysis. MWY will develop a hydraulic profile through the facilities for design annual average flow conditions, maximum month conditions, and peak flow conditions. B.02 Process and Equipment Selection. Process flow diagrams will be developed, and process unit sizes and equipment selection will be finalized. Biosolids thickening and dewatering equipment selection will be coordinated with Black & Veatch Corporation, Kansas City, Missouri. MWY will assist the Program Manager in developing specifications for pre -purchased pumping units. B.03 Site Survey. MWY will conduct the necessary field design surveys for development of the construction contract documents. The site survey will determine the site topography and existing relevant site structures and building. B.04 Site Plan. A preliminary site plan will be developed for the proposed facilities and reviewed with the City of Fayetteville wastewater treatment plant staff. Buildings, treatment structures, grading, and preliminary outside piping will be developed on the plan. An area for future expansion of the WWTF will be delineated on the site plan. B.05 Wetland Mitigation Plan. It is understood that the City desires to construct a wetland mitigation area at the WWTF site for wetland areas that will be permanently altered during construction of the wastewater treatment plant, Westside interceptor sewers, and Eastside interceptor sewers. It is also understood that the design and bidding of this wetland mitigation area will occur as a separate contract section under this contract. It is anticipated that two contract sections will be required for the Westside WWTF project: • Contract Section I — Wetland Mitigation Area • Contract Section II — Westside Wastewater Treatment Facilities A plan to mitigate wetland areas permanently altered during construction will be developed by MWY in coordination with ECO, Inc., RJN, and Garver Engineers. The wetland mitigation area will be on the Appendix A-1 - 2 proposed WWTF site with a preliminary size of 10 or less acres. Any additional wetland mitigation area above 10 acres will be negotiated with MWY under Additional Services. B.06 Gcotechnical Services. MWY will provide, through subcontract, geotechnical services and analyses required to provide the information necessary for design of the Westside WWTF. B.07 Architectural Theme. MWY will provide proposed architectural treatments and finishes to the City of Fayetteville for review and approval. B.08 Value Planning Study and Value Engineering Review. A value planning study and value engineering review are proposed for the Westside WWTF. The value planning study is anticipated to occur within 30 days of the Notice to Proceed to consultants. MWY will attend an initial one -day training session for the Value Planning/Value Engineering Review. a. Value Planning Study: • MWY will attend a one -day meeting and present five copies of the Process Flow Schematic, Site Plan, and Process Design Memorandum to the VE Review Team for use during the Value Planning Review. • MWY will attend a mid -point review session. • MWY will attend a one -day session to receive comments from the Value Planning team. • MWY will assist the City of Fayetteville in preparing responses to the Value Planning recommendations. b. Value Engineering Review • MWY will attend a one -day meeting and present five copies of the available Site, Architectural, Process, Mechanical and Electrical drawings and Specifications for use during the Value Engineering (VE) Review. • MWY will attend a mid -point review session. • MWY will attend a one -day session to receive comments from the Value Engineering team. • MWY will assist the City of Fayetteville in preparing responses to items presented in the Value Engineering report. B.09 Tax Exempt Wastewater Treatment Equipment. MWY will develop a description of the processes and equipment proposed for use in the project. It is our understanding that this description will be submitted by the City of Fayetteville to the State of Arkansas for their determination of the processes and equipment eligible for exemption from state sales tax. 8.10 Operations Review. MWY will conduct an operations review with an independent operations consultant to evaluate the operability of the Westsidc WWTF. These recommendations will be discussed with City operations staff prior to implementation. B.l I Detailed Design. The results of the City's operational staff review meetings, the Value Engineering Review and the Operations Review will be summarized in a Design Memorandum for use in the preparation of final construction contract documents. Appendix A -I PART C - PROJECT DESCRIPTION AND DETAILED DESIGN MWY will prepare final contract documents including construction drawings, front-end, Division I documents and Technical Specifications for construction of: 1) Contract Section I - Wetland Mitigation Area 2) Contract Section II — Westside Wastewater Treatment Facilities (WWTF) The final construction documents will incorporate review comments as appropriate from the City of Fayetteville, the Arkansas Department of Environmental Quality (ADEQ), Arkansas Soil and Water Conservation Commission (ASWCC), Arkansas Department of Health, and Corps of Engineers (where applicable). The following paragraphs set out the general design concept of the proposed WWTF, subject to revision during the detailed design process as may be required to meet operational goals and optimize cost-effectiveness. C.0I Inlet Facilities. The inlet facilities building will house an influent flow measurement device, screens, grit pumps, and a grit classifier. • Flow Measurement Device — The influent flow will be measured and recorded utilizing an ultrasonic level transmitter located on a Parshall flume. • Screens — The inlet facility building will house two mechanical screens. A third manual screen will also be installed in the inlet facilities building in the event that one of the two mechanical screens is damaged or requires service. Screenings will be combined with the grit collected from the grit washer discussed below, then discharged into an auger and compacted before being deposited in a screenings bin. The screening, grit washing, and bagging operations will occur in enclosed areas within the inlet facilities building. • Grit Pumps — There will be two grit and scum removal units. Each grit and scum removal unit will have a grit pump dedicated to that unit. The grit pump will remove settled grit from the bottom of the grit and scum removal unit and discharge the grit stream to the classifier. A third pump will also be provided and utilized as a standby pump with the capability to pump from either grit and scum removal unit to the grit classifier. • Grit Classifier — The discharge from grit pumps will be directed to the grit classifier. The grit classifier will remove and wash the grit collected from the grit and scum removal units. The grit will subsequently be combined with the screenings in an auger and ultimately discharged into a receiving bin. The washwater from the grit classifier will be returned to the influent flow stream for further treatment. C.02 Grit and Scum Removal Units. After passing through the screens in the inlet facility, the wastewater will flow to the division box for the grit and scum removal units. The division box will distribute flow equally to each of the two grit and scum removal units. Each of the circular grit and scum removal units will contain a rake arm and skimmer with a skimmings trough. The rake arm located in the bottom of the unit will sweep grit to the center of the unit where it will be removed by the grit pumps housed in the inlet facilities building. The skimmer arm will sweep scum from the surface of the wastewater in the unit to a collection trough located on one side of the unit. A pump located in the scum collection box of each unit will transfer the collected scum from the scum box to the biosolids processing building. Appendix A -I 0 C.03 Flow Diversion Structure. During normal operation, the diversion box will allow passage of wastewater to the biological treatment units. When influent flow rates exceed the biological treatment capacity, part of the influent flow will be diverted into the flow equalization basin for temporary storage until biological treatment can begin on the diverted flow. C.04 Flow Equalization Basin (FEB). The flow equalization basin will be a circular, covered concrete tank capable of storing up to approximately 7.5 MG of extraneous flow (I/fl. Wastewater will enter the basin from the flow diversion structure. When flow rates subside, the stored flow will be returned to the biological process from the FEB via pumps located in a FEB pump station. C.05 Biological Treatment Units. The biological treatment system will be designed to provide biological nutrient removal (BNR), as well as biochemical oxygen demand and suspended solids reduction using a three -stage process. The system will consist of a total of four separate treatment trains, each subdivided internally into three stages: anaerobic, anoxic, and oxic. C.06 Final Clarifiers, Division Box and RAS/WAS. The clarification facilities will be designed to separate the biosolids contained in the mixed liquor suspended solids (MLSS) leaving the biological treatment units. The MLSS will be conveyed to the division box where flows from each of the four BNR trains will be combined in a mixing chamber. The mixing chambers will be aerated to ensure aerobic conditions are maintained to the extent possible in the clarifiers to prevent phosphorus release or septicity. This mixing chamber will also be utilized to provide a chemical feed location for alum addition, if needed, to remove additional phosphorus. The combined flow will then enter a splitter box and will be equally divided by four weir gates into four chambers, each having a pipe outlet for an individual clarifier. The four clarifiers will be circular and employ gravity sludge removal systems. The return activated sludge (RAS) pumps will return the sludge settled in the final clarifiers to the BNR activated sludge process. RAS pumps will be provided for each clarifier and will pump into a chamber located at the division box, which will discharge RAS into a pipeline flowing back to the BNR division structure. Excess biomass produced in the BNR process will be pumped to the biosolids process building or to the waste activated sludge (WAS) storage tank. Scum pumps will be provided to transfer the surface skimmings from the clarifiers directly to the biosolids facilities. C.07 Filters. The effluent flowing over the weirs of the final clarifiers will flow by gravity to an effluent box, where the flows will be combined and then conveyed to the influent chamber of the filter structure. The filters will provide additional solids removal or polishing of the effluent. The proposed filtration facilities will consist of four automatic backwash sand filters. C.08 Disinfection Unit. After being filtered, the effluent stream will enter the disinfection unit. The recommended method of disinfecting the effluent at the Westside plant is through the use of ultraviolet (UV) disinfection. The UV system will consist of a tank, the UV reactor, and an effluent weir. If alternative disinfection facilities are to be evaluated, the evaluation will be performed under Additional Services. C.09 Post -Aeration and Oxygenation. It is anticipated that the new Westside facility will have a minimum dissolved oxygen (DO) level required for the effluent discharged under the NPDES discharge permit. The post -aeration and oxygenation system will be designed to provide DO concentrations of 90 percent of saturation of the applicable temperature measured at the WWTF. In order to meet these limits, a post-acration/oxygenation system will be constructed following disinfection. The post -aeration system will consist of a concrete tank containing a fine bubble diffused aeration system. Blowers will supply air to the aerators in the tank as the effluent stream passes through the tank. Appendix A -I To augment the aeration system, a sidestream oxygenation system (if necessary) will also be designed. Liquid oxygen will be injected into a sidestream of the main effluent stream, causing a supersaturated condition. The supersaturated sidestream and the effluent stream will then be re -combined to produce the required DO level at the WWTF prior to discharge. C.10 Odor Treatment Processes. Air from the headworks (channels, wetwells, screens and grit processing areas), the grit tanks, the sludge processing building, and the flow equalization pump station wetwcll will be collected and routed through underground ductwork to the odor control systems for treatment. The odor treatment system is anticipated to consist of bioscrubbers and biofilters. MWY will coordinate with Black & Veatch Corporation regarding the odor control measures to be installed at the Westside WWTP and the Noland Facility. The type of odor control system at the Westside WWTP may differ from the system at the Noland WWTP, depending on the odor constituents and cost-effectiveness at each facility. C.l I Chemical Feed Building. The chemical feed building will house the containment units and the feed systems for the chemicals used in the various treatment processes. Liquid aluminum sulfate (alum) will be stored in two vertical tanks and, if needed, will be pumped to the biological processes to aid in the removal of phosphorus. It will be possible to add liquid alum at either the final clarifier division box or at the final clarifier effluent box, prior to the filters. A second metering pump system will also be in place for redundancy in the chemical feed system. A pH adjusting feed system will also be housed in the chemical feed building. C.12 Operations Building. An operations building will be provided at the new facility. This structure will primarily house the distributive control system (DCS) for the new facility and will contain minimal office space for operational personnel. The inclusion of a full-scale laboratory (and central operations facilities) is not anticipated. C.13 Maintenance and Equipment Storage. After completion of construction, it will be necessary to store spare parts for equipment obtained as part of this project. Spare parts for pumps, aerators, and other items of equipment will be housed in a dry storage area within this structure. Additionally, a maintenance bay, small office, and vehicle storage bay will be provided so that maintenance can be performed on -site. C.14 Biosolids Disposal. The Westside Wastewater Treatment Facility will process biosolids separately from the existing Noland Facility. Currently, there are no plans to stabilize or otherwise further treat the biosolids produced at the new Westside WWTF. However, the biosolids will be thickened and dewatered. It is anticipated that the dewatered material will then be transported to an off - site facility where it will be further processed and disposed of by others. The facilities designed to dewater the biosolids produced at the Westside WWTF are described below: Biosolids Processing Facility — The WAS will be pumped into a day -tank and combined with scum from the grit and scum units and the final clarifiers. This combined waste will then be pumped to the gravity table thickeners (GTT) and thickened. From there, the thickened material will be pumped to a belt filter press and further dewatered to a solids concentration of approximately 14 to 15 percent. The dewatered material will then be conveyed into a covered truck for transport. The dewatering facility will house two gravity table thickeners, two belt filter presses , and pumps, including duplicate units, to feed the thickeners and belt presses. The facility will also house a conveyor, two polymer feed systems, belt wash booster pumps, and other ancillary equipment for a complete biosolids dcwatcring operation. Appendix A -I • Waste Activated Sludge Supply Pumps - Three pumps will be provided to supply WAS to the two gravity table thickeners. Each GTT will have one WAS pump dedicated to that unit. Each pump will supply combined WAS and scum from the day -tank to the GTT unit. A spare pump will be provided to supply WAS to either of the GTT units in the event of a primary supply pump failure to either unit. • Polymer Feeders for GTT Units — Each GTT unit will have a polymer feed system to feed liquid polymer combined with water to the WAS stream prior to introduction of the stream onto the GTT bed. • Gravity Table Thickeners — Two gravity table thickeners two meters in width will be provided at the Westside WWTF. The thickened material will be discharged into a feed tank which supplies the belt filter press for further dewatering. • Belt Filter Press Supply Pumps — Pumps will supply thickened sludge to the belt filter presses (BFP) for further dewatering. One pump will be dedicated to each unit with a third pump utilized as a standby capable of feeding either belt press. • Polymer Feeders for BFP — Each belt press unit will have a polymer feed system to feed liquid polymer combined with water to the BFP fccd stream. The polymer solution will be introduced in a mixing valve prior to introduction of the stream onto the BFP gravity dewatering zone. • Belt Filter Presses — Two belt filter presses two meters in width will be provided in the biosolids processing facility. • Waste Activated Sludge Storage — It will be necessary to store thickened biosolids on -site during certain days of the week. The sludge storage tank will provide for approximately three days production of thickened sludge. One concrete tank will be provided and will be equipped with a diffused air system to supply air to the WAS during storage. C. 15 Instrumentation and Control System . MWY will design and specify a distributed control system and associated process instrumentation, which will enable the plant operations staff to monitor and control the new Westside Plant's operation. Communications will be established with a SCADA system to gather the information from the two lift stations, designed by RJN, that affect the flow to the new Westside Plant. The new plant's distributed control system will log operational data for administrative reporting, operational control, and historical analysis. There will be five different major equipment categories that MWY will specify for the Westside Plant distributed control and SCADA systems: a. Main server unit located at the new Westside Plant: • Microcomputer server system. • SQL (Structured Query Language) server software. • Communication link. • Dial -up for backup communication link. • Logging of control system and laboratory test data. b. Operator interface workstations located at the new Westside Plant: • Microcomputer systems. • Man -Machine -Interface software. • Historical database software. Appendix A-1 - 7 0 Tree Preservation Area The Tree Preservation Areas as indicated on this easement plat constitute a covenant running with the title of the subject property and are denoted for the property owners and their future successors, assignees or transferees to preserve, protect and maintain existing tree canopy. No tree removal or land disturbance as defined within the City of Fayetteville Unified Development Ordinance may occur within the Tree Preservation Area unless approved by the City of Fayetteville. Persons seeking removal of such Tree Preservation Areas, or requesting to modify the property in such a way as to affect the canopy within, must seek approval from the City Council through a request made by the Landscape Administrator of the City of Fayetteville Approved by City of Fayetteville Landscape Administrator April 8. 2002 C: (SHARON'S DOCUMENTSIFA Y£7TEV/LLEIFY2961FY296 DESIGN CONTRA C71. SD 2002,OOC Page 14 S C City of Fayetteville Tree Mitigation Form Location Address: Engineer: It is required that this form be submitted concurrently with the Tree Preservation Plan if mitigation of any kind is sought. Canopy measurements: % Tree Canopy Required to be Preserved Total Area of Site Acres Square Feet Amount of Preservation Requirement Requested I Mitigation Acres Square Feet % of Total Site Total Area of Existing Tree Acres Square Feet % of Total Site Area Existing Tree Canopy Preserved Acres Square Feet % of Total Site Area Type of Mitigation Pursued: OOn Site Mitigation OOff Site Preservation OOff Site Forestation OTrec Fund List Mitigation Species, Caliper, and Quantity of trees to be planted in the space below. Refer to table and on back for figuring quantity and caliper sizes. Species Caliper Qty. April 8. 2002 C: LSHARON'S DOCUMENTSIFAY£TTFV/LLEiFY296tFY296 DESIGN CONTRAC71 SD 2002.DOC Page /S Amount proposed to be deposited in the City of Fayetteville Tree Fund: 3 Mitigation Proposal: OApproved ODisapproved Signed: ,the Landscape Administrator, date Tree Mitigation Base Density/Off Site Alternatives When preservation cannot be accomplished and existing canopy is to be removed below minimum canopy requirements, mitigation is required. Before any Mitigation/Off-Site Alternatives are carried out, approval must be granted by the Landscape Administrator. When mitigation is an issue a mitigation form, available from the Landscape Administrator, detailing all proposed actions should be submitted with the Tree Preservation Plan. Mitigation and reforestation densities, preferred species, spacing, and amounts arc determined by the tables below. Existing High Priority Canopy Existing Mid -Level Priority Existing Low Priority Canopy Proposed For Removal Canopy Proposed For Removal Proposed For Removal Caliper of Required uired # of trees Density Required # of trees Density 9 Required p of trees per Density Re lacement Tree per acre reproved Factor per acre removed Factor acre removed Factor 2" 200 218sf 150 290sf 100 436sf 11/2" 230 190sf 173 252sf 115 380sf I" 250 175sf 188 232sf 125 350sf 'The Density Factor is a ratio of canopy removed to number of trees replaced Here are the 5 simple steps on how to calculate the size and number of trees needed for mitigation I. Establish how many acres/square feet of canopy is proposed to be removed on site that falls below the minimum canopy requirement EX: 13,000 square feet of canopy 2. Establish the Priority type of the canopy proposed to be removed. EX: High Priority Canopy 3. Select what caliper of mitigation trees are going to be used. Note: Contact Nurseries to confirm caliper availability in the species desired EX: 2" 4. Refer to the table and find Density Factor that correlates with Canopy type removed and caliper size proposed for replacement. EX: High Priority Canopy to be replaced with 2" caliper trees has a Density Factor of 218sf per replacement tree 5. Take Density Factor and divide by the square feet of canopy removed to get number of mitigation trees needed. EX: 13,0000 sqf./218 Density Factor = 60 2" caliper trees to be planted On -Site Mitigation is preferred over Off -Site Alternatives. Show the location and species of mitigation trees on the tree preservation plans and submit the Mitigation/Off-Site Alternatives form at time of submittal April 8. 2002 CISHARON'S DOCUMENTSIFA YETTEV/LLEIFY2961FY296 DESIGN CONTRACTILSD 2002.DOC Page 16 I C CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A-2 - SCOPE OF SERVICES FOR FINAL DESIGN PHASE & BIDDING SERVICES WESTSIDE WASTEWATER TREATMENT FACILITIES EFFLUENT LINE This is Appendix A-2, consisting of four pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYE1TEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. dated 7-/5C3 Initial: CITY OF FAYETPEVILLE McGOODWIN, WILLIAMS AND YATES, INC. The following contains more detailed Scope of Services tasks for the Final Design Phase th presented in the text of the Agreement for Professional Engineering Services: Generally, the project will include the final design of an effluent line (approximately 14,700 linear feet in length) to transport treated effluent from the new Westside Wastewater Treatment Facilities (WWTF) to a point of discharge downstream of the confluence of Goose Creek and Owl Creek. PART A - PROJECT ADMINISTRATION AND MANAGEMENT A.0I Project Initiation and Administration. McGoodwin, Williams and Yates, Inc. (MWY) will prepare and negotiate professional services contracts with the City of Fayetteville. MWY will provide project administration and management services during the detailed design and bid phases of the project. MWY will set up a file management system for the Westside Wastewater Treatment Facilities Effluent Line, track project progress, and will prepare billing invoices. A.02 Standards and Criteria. MWY agrees to utilize "Drafting Standards and Criteria," published for this project by the City of Fayetteville. MWY also agrees to utilize, to the extent practicable, the "Design Standards and Criteria" published for this project by the City of Fayetteville. A.03 Specifications. MWY will use City -provided front-end documents and Division I Specifications in preparation of the Contract Documents. MWY will follow the MasterFormat and SectionFormat recommended by the Construction Specifications Institute during preparation of the Technical Specifications. MWY will follow the MasterFormat level one titles. Level two titles will be based upon the MasterFormat recommendations and MWY's experience and specifications for work of this type. The Section format will be based upon Part I - GENERAL; Part 2- PRODUCTS; and Part 3 - EXECUTION. Details contained in these Sections will be based upon MWY's experience for this type of work. A.04 Meetings. MWY will attend up to four City Council meetings and monthly progress meetings with the City, Program Manager, and other design consultants when appropriate. A.05 Subcontractor Coordination. MWY will coordinate the efforts of its subcontractors on this project. A.06 Construction Permits. MWY will prepare applications for Arkansas Department of Environmental Quality (ADEQ) construction permits for the City's execution. A.07 Project Performance Workplan. MWY will prepare and submit to the City of Fayetteville and the Arkansas Soil & Water Conservation Commission (ASWCC) a Project Performance Workplan for the Westside WWTF Effluent Line project. Appendix A-2 - I PART B — PROJECT DEVELOPMENT The Westside Wastewater Treatment Facilities Effluent Line route will he developed based upon the recommendations contained in the Final Facility Plan Amendment, RLF Project No. CS -050803-03, dated August, 2001, and approved by the ASWCC. B.01 Hydraulic Analysis. MWY will develop a hydraulic profile of the effluent line for annual average flow conditions, maximum month conditions, and peak flow conditions. B.02 Route Survey. MWY will conduct the necessary field design surveys for development of the construction contract documents. The route survey will determine the site topography and existing structures in close proximity to the selected route. B.03 Geotechnical Services. MWY will provide, through subcontract, geotechnical services and analyses required to provide the information necessary for design of the Westside WWTF Effluent Line. B.04 Value Engineering Review. A value engineering review is proposed for the Westside WWTF Effluent Line. The value engineering review is anticipated to occur at a 15-20 percent design stage. • MWY will attend an initial one -day training session for the Value Engineering Review. • MWY will attend a one -day meeting and present five copies of the available Drawings and Specifications for use during the Value Engineering (VE) Review. • MWY will attend a mid -point review session. • MWY will attend a one -day session to receive comments from the Value Engineering team. • MWY will assist the City of Fayetteville in preparing responses to items presented in the Value Engineering report. B.05 Design Review. MWY will prepare available Plans and Specifications and attend a one -day design review meeting at the 30 percent completion level and 95 percent completion level of design. B.06 Detailed Design. The results of the City's operational staff review meetings, the Value Engineering Review and the Operations Review will be summarized in a Design Memorandum for use in the preparation of final construction contract documents. PART C — PROJECT DESCRIPTION AND DETAILED DESIGN MWY will prepare final contract documents including construction drawings, front-end, Division I documents and Technical Specifications for construction of approximately 14,700 linear feet of effluent line. The final documents will incorporate review comments from the City of Fayetteville, the Arkansas Department of Environmental Quality (ADEQ), Arkansas Soil and Water Conservation Commission (ASWCC), and Arkansas Department of Health. C.01 Route Selection. MWY will determine a preliminary route selection for presentation to the City of Fayetteville and will walk the route with designated City staff. Route adjustments will be based upon the preliminary route selection. C.02 Pipe Size and Type. MWY will determine and recommend the appropriate pipe size and type(s) of materials to be utilized during construction. MWY will prepare an hydraulic profile for the recommended pipeline as set out in Section A above. Appendix A-2 I Li C.03 Pipeline Termination. MWY will design an appropriate terminus for the pipeline. C.04 Easement Preparation. After the City of Fayetteville concurs in the final route selection, MWY will provide the necessary services for easement preparation, including a) land tics; b) property research; and c) preparation of the casement description to be used in the acquisition documents. Easement description preparation shall include provisions for temporary construction, ingress, egress, bore pits, etc. MWY will provide an easement document which incorporates the easement description on a form approved or provided by the City of Fayetteville's attorney. The document will be suitable for execution and recordation containing a description of the permanent easement, temporary construction casement, and temporary casements as required for ingress and egress. MWY will provide a right-of-way map at a suitable scale (1" = 200') which shows the project centerline, easement limits, property lines, tract numbers, owner names, and street names. In congested areas or where tracts are smaller than five acres in size, supplemental sheets at a suitable scale (1" = 50' or I" = 100') will be provided. In project areas where suitable orthographic aerial photography is available, the photography will be used as a background on the right-of-way map. MWY will provide an 8 '/2 -inch x i1 -inch drawing to accompany each easement document. The drawing will be at an appropriate scale and utilize an orthographic photo background where such imagery is available with a suitable resolution. The casement drawings shall be descriptive and only intended to be used to aid the easement grantor in visualizing the casement to be conveyed. The drawing shall not constitute a plat of the grantor's property and will not be sealed. C.05 Permit Application. MWY will prepare three city road crossing permit applications for submission by the City of Fayetteville to reviewing agencies. C.06 Coordination of Work • NPDES Discharge Permit — The City of Fayetteville has an existing contract with others to develop stream models for effluent discharge at the new Westside WWTF. MWY will coordinate the start date of design for the effluent sewer line based upon the results of stream modeling and the recommended discharge point. C.07 Services and Items Not Included Effluent Post -Oxygenation — Post -aeration and -oxygenation facilities have been included in the proposed design of the WWTF. These facilities are to be located at the proposed WWTF site. No remote in -stream post -aeration or -oxygenation facilities are included in the effluent line work. Fees and Publication Costs — Fees associated with federal or state agency review of the project or publication of the Invitation to Bid are not included in this project. State and federal agency review fees and publication fees will be paid by the City of Fayetteville. PART D — SUBMISSION OF PLANS AND SPECIFICATIONS TO REVIEWING AGENCIES MWY will submit Plans and Specifications to the following agencies for review: • Arkansas Soil and Water Conservation Commission (ASWCC) • Arkansas Department of Environmental Quality (ADEQ) • Arkansas Department of Health (ADH) • Corps of Engineers (COE) PART E - ENVIRONMENTAL REQUIREMENTS It is our understanding that as part of this project, the City of Fayetteville will retain the services of an environmental consultant to assist MWY in the development of a Wetland Mitigation Plan, and to independently develop a Stormwater Prevention Plan (SWPP), Best Management Practices Plan (BMP), and the 404 permit application for this project. MWY will assist in the review of the SWPP and BMP as Appendix A-2 it pertains to the Effluent Line construction. PART F — BIDDING SERVICES F.01 MWY will prepare an opinion of probable construction cost prior to bid. Cost opinions and projections prepared by MWY and its subcontractors relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MWY and its subcontractors' experience, qualifications, and judgment as a design professional. Since MWY and its subcontractors have no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, MWY and its subcontractors do not guarantee that actual rates, costs, performance schedules, and related items will not vary from cost opinions and projections prepared by them. F.02 MWY will prepare an Invitation to Bid to be published by the City of Fayetteville. F.03 MWY will distribute construction Contract Documents to prospective bidders. A fee to prospective bidders will be charged by MWY to recover the reproduction, administration and shipping costs of the Contract Documents. F.04 MWY will attend one pre -bid conference. F.05 MWY will issue and submit to the Program Manager and ASWCC proposed addenda and clarifications to the construction Contract Documents. F.06 After the receipt of bids, MWY will prepare a Recommendation of Award for consideration by the City of Fayetteville. F.07 MWY will attend one Water and Sewer Committee Meeting and one City Council Agenda Session, and one City Council Meeting for presentation of the Recommendation of Award. Appendix A-2 - 4 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A-3 - SCOPE OF SERVICES FOR FINAL DESIGN PHASE & BIDDING SERVICES BROYLES ROAD IMPROVEMENTS This is Appendix A-3, consisting of four pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. dated/s-03 Initial: CITY OF FAYETTEVILLE D McGOODWIN, WILLIAMS AND YATES, The following contains more detailed Scope of Services tasks for the Final Design Phase than presented in the text of the Agreement for Professional Engineering Services: Generally, the project will include the final design of Broyles Road from the intersection of Persimmon and Broyles Road, generally southward to the intersection of Broyles Road and County Road 649. The roadway is anticipated to be approximately 5900 feet in length and approximately 38 feet back-to-back of curb, or less. The work also consists of the construction of approximately 1000 linear feet of access road to the new Westside Wastewater Treatment Facility (WWTF) site. PART A — PROJECT ADMINISTRATION AND MANAGEMENT A.0I Project Initiation and Administration. McGoodwin, Williams and Yates, Inc. (MWY) will prepare and negotiate professional services contracts with the City of Fayetteville. MWY will provide project administration and management services during the detailed design and bid phases of the project. MWY will set up a file management system for the Broyles Road Improvements, track project progress, and will prepare billing invoices. A.02 Standards and Criteria. MWY agrees to utilize "Drafting Standards and Criteria," published for this project by the City of Fayetteville. MWY also agrees to utilize, to the extent practicable, the "Design Standards and Criteria" published for this project by the City of Fayetteville. A.03 Specifications. MWY will use City -provided front-end documents and Division l Specifications in preparation of the Contract Documents. MWY will follow the MasterFormat and SectionFormat recommended by the Construction Specifications Institute during preparation of the Technical Specifications. MWY will follow the MasterFormat level one titles. Level two titles will be based upon the MastcrFormat recommendations and MWY's experience and specifications for work of this type. The Section format will be based upon Part I - GENERAL; Part 2 - PRODUCTS; and Part 3 - EXECUTION. Details contained in these Sections will be based upon MWY's experience for this type of work. A.04 Meetings. MWY will attend up to two City Council meetings and monthly progress meetings with the City, Program Manager, and other design consultants when appropriate. A.05 Subcontractor Coordination. MWY will coordinate the efforts of its subcontractors on this project. Appendix A-3 - 1 PART B — PROJECT DEVELOPMENT "1 -he Broyles Road Improvements will be developed generally based upon the recommendations contained in the Final Facility Plan Amendment, RLF Project No. CS -050803-03, dated August, 2001, and approved by the Arkansas Soil & Water Conservation Commission (ASWCC). B.01 Route Survey. MWY will conduct the necessary field design surveys for development of the construction contract documents. The route survey will determine the site topography and existing structures in close proximity to the selected route. B.02 Geotechnical Services. MWY will provide, through subcontract, geotechnical services and analyses required to provide the information necessary for design of the Broyles Road Improvements. B.03 Hydrologic Evaluation. MWY will develop hydrologic evaluations and models for four (4) stream crossings and submit findings to FEMA for review. B.04 Creek and Stream Crossings. MWY will develop bridge/culvert recommendations and design for stream crossings at Goose Creek (2 each), Goose Creek Tributary, and Owl Creek. B.05 Design Review. MWY will prepare available Plans and Specifications and attend a one -day design review meeting at the 30 percent completion level and a one -day design review meeting at the 95 percent completion level of design. PART C — PROJECT DESCRIPTION AND DETAILED DESIGN MWY will prepare final contract documents including construction drawings, front-end, Division I documents and Technical Specifications for construction of approximately 5800 linear feet of Broyles Road and approximately 1000 linear feet of site access road. See Attachment A3 -C for the general route description. The final documents will incorporate appropriate review comments from the City of Fayetteville, Washington County, and Arkansas Soil and Water Conservation Commission (ASWCC). C.0I Route Selection. MWY will determine a preliminary route selection for presentation to the City of Fayetteville and will walk the route with designated City staff. Route adjustments will be based upon the preliminary route selection. C.02 Easement Preparation. After the City of Fayetteville concurs in the final route selection, MWY will provide the necessary services for casement preparation, including a) land ties; b) property research; and c) preparation of the easement description to be used in the acquisition documents. Easement description preparation shall include provisions for temporary construction, ingress, egress, bore pits, ctc. MWY will provide an casement document which incorporates the easement description on a form approved or provided by the City of Fayetteville's attorney. The document will be suitable for execution and recordation containing a description of the permanent easement, temporary construction easement, and temporary easements as required for ingress and egress. MWY will provide a right-of-way map at a suitable scale (1" = 200') which shows the project centerline, casement limits, property lines, tract numbers, owner names, and street names. In congested areas or where tracts are smaller than five acres in size, supplemental sheets at a suitable scale (1" = 50' or 1" = 100') will be provided. In project areas where suitable orthographic aerial photography is available, the photography will be used as a background on the right-of-way map. MWY will provide an 8 Y2 -inch x II -inch drawing to accompany each easement document. The drawing will be at an appropriate scale and utilize an orthographic photo background where such imagery is available with a suitable resolution. The easement drawings shall be descriptive and only intended to be used to aid the casement grantor in visualizing the easement to be Appendix A-3 C conveyed. The drawing shall not constitute a plat of the grantor's property and will not be sealed. C.03 Permit Application. It is our understanding that as part of this project, the City of Fayetteville will retain the services of an environmental consultant to assist MWY in the development of a Wetland Mitigation Plan, and to independently develop a Stormwater Prevention Plan (SWPP), Best Management Practices Plan (BMP), and the 404 permit application for this project. MWY will assist in the review of the SWPP and BMP as it pertains to the Broyles Road Improvements. MWY shall prepare documents generated during the design process for inclusion in 404 permits, FEMA permits, and other permits as required by the City of Fayetteville and Washington County. C.04 Coordination of Work. MWY will coordinate with design engineers for that part of Broyles Road extending north from Persimmon Street to Highway 16. C.05 Services and Items Not Included • Fees and Publication Costs — Fees associated with federal or state agency review of the project or publication of the Invitation to Bid are not included in this project. State and federal agency review fees and publication fees will be paid by the City of Fayetteville. PART D — SUBMISSION OF PLANS AND SPECIFICATIONS TO REVIEWING AGENCIES MWY will submit Plans and Specifications to the following agencies and authorities for review: • Washington County • City of Fayetteville PART E — ENVIRONMENTAL REQUIREMENTS It is our understanding that as part of this project, the City of Fayetteville will retain the services of an environmental consultant to assist MWY in the development of a Wetland Mitigation Plan, and to independently develop a Stormwater Prevention Plan (SWPP), Best Management Practices Plan (BMP), and the 404 permit application for this project. MWY will assist in the review of the SWPP and BMP as it pertains to Broyles Road construction. PART F — BIDDING SERVICES F.0I MWY will prepare an opinion of probable construction cost prior to bid. Cost opinions and projections prepared by MWY and its subcontractors relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MWY and its subcontractors' experience, qualifications, and judgment as a design professional. Since MWY and its subcontractors have no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, MWY and its subcontractors do not guarantee that actual rates, costs, performance schedules, and related items will not vary from cost opinions and projections prepared by them. F.02 MWY will prepare an Invitation to Bid to be published by the City of Fayetteville. F.03 MWY will distribute construction Contract Documents to prospective bidders. A fee to prospective bidders will be charged by MWY to recover the reproduction, administration and shipping costs of the Contract Documents. Appendix A-3 F.04 MWY will attend one pre -bid conference. F.05 MWY will issue and submit to the Program Manager and ASWCC proposed addenda and clarifications to the construction Contract Documents. F.06 After the receipt of bids, MWY will prepare a Recommendation of Award for consideration by the City of Fayetteville. F.07 MWY will attend one Water and Sewer Committee Meeting and one City Council Agenda Session, and one City Council Meeting for presentation of the Recommendation of Award. Appendix A-3 - 4 O V V V � O GI v i fir Ss m N v Z N d - 6 I< lit o a , c = 2 w c •� -I =2 w• a 6. i SI - 3 b1 E p 4 I a -. m S • �I o ' o_ S OI C a ^ • p -. i II 3 t °li • • p I g HII H H III I I �I b n V V JT � r FII I b J J o i� nl b b F IoI II 1 .4 I ID I3 z 1 - - a � u u I Ii s I II V ^ II a A a s a a CI <i b QNI D 'Y a I u n_ �a a C c SG V� Nn u T � F -. a 3 - -� - T N_ n K 3 '6 O u w : l` O - n? j o tJ zip y A j a rc s e s <C) 3 -. 2 0 W c. v Z p C A t S 2 p 0 o a o c c c u u o u m o a c c _ n a p n m c c u, u o e. n o a c c a ' g66 bbb 616 6 6 6 616 bbb 3 ? c Eo6bb66b�66 b) 6666666 = > —° a A a a a a ah. a a u u.w W W w FT Y ala p A a 6 6j6: A C w�w u w W > � O. t S T I i? > d s_ . 7 N N a �^ c+ c ¢ n C, C c_ n 7 V C C O O C O O C O O C+ C r p p V a c O C' ? n' '000 C C C O C C C N P w A w a A •0 o '' J > :. .fl O O�c C oc C C C c O - C a 0 a 0 0 o_ ro E+ O 3 C O 9 A �' r + ('+ 5.-,C i J _t0 C C S J — o p o c o o c o c o o)c o b p bib+ o o))b N d'e w a n j o A- J w u N N O CIC O O O O C C O COO C a A C y u .� I p .� ^` I a fIf O r r G a l fl E o ° > = x — C7 5 m Ii.a = S Im v lc " F _ O jj E � Q a 0 0 c 0 O C P P C O C)p c c 0 C: N. ' 0 L' > = pf p O' 0 0 0C O 0$C O O C CC C' (C C)A 'F 'o m -II CI u N• p G O O O c olc 0 030 O 00)C C O 0�m V a- t t C t l - C a Pu J v u o a € •n x v^, a nmi a - 9 a x� f1 O _ o _ N 00 000 CC16 a po mwa w In ,-, N r l w b cc ccoocCbbp 0 Cicn v> 0 6 O :a �� N N C c o, 0 0 0 0 0 0l0 0 0 0 tl + IP V I to, O d ^^ C I) r + - E V n V W 1., A v n �. CC . o - '2 . 0 ' — W mcm 4 = a o -- .a00 O c o 0 0 0 pip O 0 a N 4t C C -= o j+ - �n ? C c c o o c o o c b b b b a (I: c b o p+ c+ o W m )c(a a c c o o c c o c o c c c m o a c c t= a 010° o ll c 0 0 0 0 0 0 6 V I a cc a {WL` C ' £ o > m c 0 c 0 c o b C b o a c wf¢ ¢ -� + O N 0 w © c C C Olc o O C C O c N w)r r0i I a v c u u t t T 4 J r WI I N V O O f. t'J '- N y 2 O O ccoI0000co,coo,coa,as000 c O C N J N O C C C o C O b{i= 0 CSS p 0 V4 w C 6 a 0 v 0 0; m y m ,a„ m o O c OV+ lc o Cic 0 0 0 c lr c c c m U v a a III e �'" S n t0 �. N t c _ �..tt,-ii-: o o c ooco.c pp)w _.W'.p p c c c m :, o•J (UJ d P c 00 c 00 oic O C 0 0I QV' c 0)c c c Y m E ii I rsOI _I 3 o N �` m m m ' ++ N W, W W W m C a V m p m m W W m 10 O r W P m W 1 V m o W v 4+ o �. V I N O V O {n A N ^' c OO0000 61000mo 00IC0o C 0000 OO1C OO Qom AtiiN mm^i O 00 o 0 0 o Cc O o 0 0 o O b o o .� (� N o 0 0 o O o 0 o O O m+ ism .a iR + TNj 3 0 0 o c o 0 0 04c o 0 o m mlm o 00 Ni N a o 0 o 010 Ole m)m m mIa s m •4u L3 cnRr -I 00 00 O c c 0:c 0 CIO)p c CIa C I`- o o o o D oh o1 c c b, b c in bib c id 0 O O O c o l c c C₹ c c 030 0 0 010 c _• _• N WI CI IWI(-0 to 3 till I. W W m toH-jciOtao N C S I 0 0 0 o O o 0 0 0 O O O �Ia V.i NIQ 6 4 O U o o c O O O O 0 O O l a N m)+ m+ q N 00 o O olo 0 0 0 O CR3m a �i)m ^I Ut .. • • m W: CD CD 6 L O ° o C I'D o y 1. c o 2 o a CD C D n -DI CD WI Lt WI -.4, !+: W . >I V > rl O� 0 3 0 m Nl 9 V Cl) 91 - n v a a ¢ o ¢ Ni 3 r n ' -4 n .. o m ° o .: o -4 1 c 9i y'l i J T - 3 C @ O 4 6 O ¢ n - t m w b 0 a a ^ n — o 4 [ - K: 3 0 'I 9 j. G - r u N O 1 a w; w1 w wi w N� w, w. �, w w O w N C7 w, 0)# w Ni W1 w !Y w# N w, �. 'JII v: �. il, v: OSS v Nj V( N: >, P, N: (4 vi N 01 v _� of fAi C 3 — p LP tIP LP LP L LP LIP ` `IP iIP LIP t n < < -I o a a a ?1 s m ?f o 3 m o. m n rn a-' O - v o E h n '°'. n, a n. 3 n m 0. v .,u C a. O' 3 n 'n , 1 , 6 -. u a —. m• j c. °' 0' 0 n CL ' r 3 T T a' n ' n •3 C m Id a a o s < u C o a % O• w w 'i 'u m a a C C o w w u v - v� a, a a C a a a a n a a a a a a, c n m a u u m m a m m n n a n n ! a! n m. m• m u. u• (Si u n u' u a u u' C J o � w - 1 La r LI m a o a -a 0 o0NIn ?, 0 n IL 5.5 'edla:s isle [�Y1 9 •' 1 3_S 1 gT'2l4,8am' Is}L'RBiG 4 F' 3 4'4 Y �Q if S I f�h �a [� . s e.l s� �• g0 is t s IB i E ^I pa ^ e4 JS . : F _ tee. ; iY o x' I _-.Iti1 � e 1 --. I ja. [ _i8 I III 11 I'1� ao i 6E _ 4••P �C [ III a i._.' :{ sTr' f F [iE YIa L' i i' I I III I �r a B -I c as ' 4r I I •I:' I I -vY ` {2 - I E B'r -i s e'ne a irf ., I � I fitl i I_' I L ¢t I! I I { L ra S a; t5 nna:I- -.a [ .3i 3 III I;I I I. ^P� +'-} Fr& ATP i5 i9: 6SS IS r; l g r`s I IP i p • emit !ti� 4 t III L -.-.I , 1 I z�I I �I III ( 3� tiH p t I Y- 'e �� 44S e:₹ P4} Iii [ B i s'7• I I 1 I Bl__ L 3 { I T� z€5 € I € � € ia 3 1 APE=a� E'. I I Isl - EI ( [ilB`b It ��'elee x' _ '6s I[ a S 8 c5 ! I I R1t i t1R':e � ..1 it Rye{ I I � 6 EI f� `: i III 'tail f t}} is '.ii Rf.' 3 �:,• l .!I �� .I' I �IJ •III � 1i d 11 il!1___ I B J_ I. I £� yL H. I i f cE IIEI I I 6' ^§ Ii }H IL --fI. x } HHiH 6 } �.�.�.�.c�,i fell -aa .z e S��`�s S�oy ii s �K # _� H ! - - a .r'�I rt LHHH{Jyw - :i..ex -, -- I v c _ _ — c 6 C o a e, ! a i 3 V e a m g e N O II of 3 c 5'v e o v = 3 0 c i • - s S a I • • I •I y T T T w n � G m Y • 7J. O Ds 6 a i •- < s z -� zO N Dc c3Di n L. ol20tnD� 3 q> aS P 3 ≥ a O (p C C m t 0 R{i< <' m b .. ' — r bbb b bbbSi6 bi6b Yy 6 p Q! bb 8bbbbb6bb !6 o N W V V V VIN bl lA NtN N tP1 A .} f C W U Jim .tn N N N U N O c m b - In C R W O0i A A A V v^, O _- ON yy P O O Op C C o O o O' OUVV[ +m a +}' C+G: � G '� J o o Q tl C1 Y O Op C O OO O OQ O A m AT AA + 3 ^uJ j l —— c F L' : H -. wi OC'op C oc pop o'C p0p00 CC �. .'". J nJJJ C TTII3 -� t" = 04 � 0O. 00000.00010 00 0O O a C 0 " T Ci'J. w m ri o » a n o p c Oj v v O e• CIC C O O c O O C O.C o C 0 0a P C J "� -..-• o -i oc o oC C oob O:Oog po� v o I N r > Q i 'A N OIC O OCc O O C C C v {' a = c y o r W n c • v v v 5 c' C :n a ;p a . C) v_ O taa O OC A 0 0 m m J O p S ru m o 0 o C C o o p o p o po iipG o o tof'•c .: o a g o ow V. Oi [' 0 O O' O O c O O O O O O W v O Y A O 0 n G' VI e + • :o m a '' An N) J T v O o c O �y { C O O C O O O O O O O O A C: O C c N N p G o O O O .bbC O O 0 O C 0 O'C bt*bCt �v' a C N N a 0-a I I 3 IF _ v x x m x u W o f" O .. +a u OOO OCO 00000 a4: aN o O F A vS O OC O C O C O p p C N N V . o a ' '..'� Y A C 'J C C O O S 0:�: N+ �: +:C a' CA'( S • L n T T =+ c O co L J p - p O W G 0 o c= - o 0 0 o c o oo o a a a A a C a .a g; 8to a'. :n ? g o o c o o c c o a a 0.- a�< 0:0 a m o t- = 5 N N a c C o - o " u x 1 0 " 0 o o C o c C C o 0 O'+ 0 0 0 0'a -• O �+ -a+N " N w + O o 0 o c o 0 0 0 viA OO a (] C O N O np Q C o o do c of 0000 a oC 0000 N tiba o o N) N NI + ^ - + + + p A N w N A P •- Cl m m T -+ P N m a N A ., mpg 0 n 'A waNe+n a m v? O fv y N •= V' w v -1N •C + p1 0 0 0 O O o O a a ca a a O O Of0 • C a w o 0 o 0 00. 0 O O�+ N pfu w O u P t < U 010 0 0I O O O O 0 p O O O O O O:R Qt + O C 010 00 O O O'-[ C w:+ -t G7 �9 3 �' ^ 01010 0101000 0 O0 0 0 0C 00 c a, o 0 0 c o 0 0 002-0 w �i+ O �t St � u II I C o a a A Li Ala c oFo o a':$I8 9 CL +i ads. V "I'' p• a w A u C C w O 4 0 oO O O O o o O O�0 + V LJ![ N:(Oi PO V+ O C o o 0 0 0 o p O'O O w +•�[ Ct �t O o 0 0 0 o o 00:0 0 w O+ o t A w n (2 u u w a w u u Ll y N a a a v'] a. (2 a Aaaaaaa>L 4av-.wLc :n C c o 0 c o n n rn CI G Lt A tI w G1 y n • • II h G p'n aT- a 3 o n S 6b blb' bbb1 b b b b b bd bd f - • A A A A I A i P PI a a a a a W W W W W a n I > o (ft to f m n - _ n G ' IIP I Y N —.9 { J n 2 � n o i p 3 5 A O D w N o B 6 I II " y • I P n A> O V O y T r v D 7 O 3 a 3 o Ia O o o C n u N H(4 H IC - n 1 o b O N N A b p �v d o a • f 21Q O I n c In < Io I 133 N w S 1� j o C.., S i N ti r 8 Oc �i ii I O C w N O o O O O0 O O O O e O O O O O O O V 8 o b o b1o olo 0 0 e 0 0 0 0 0 0 0 N g O OO 00 Oi O O o o O O O O O O u 8 z A o r I o a n � 4 m m m e e p c F o .o 6!o bbbbbbbbbbdbb 0 a A A A P A A A u u u u u u oG + a • m In A-0--0.- O C C C0 C C O O O O n - v+ O P fl a u O C O C o C c O O O O +cIcc000:ro�0 O+ O+ N + 4 p u p9 G a I pj C C C a o.ottooc.o c000000Ooo� 0 Oto oc'O-copo 0000+o m m >c C C C O o C O O O O O o O o O+ A c u v m m+ T o O "o "` o ii £( 00 p 3 v^G • • a o c o H o o c O O O o o o o o 0 O 000000000000000000 V o u p6 a f- �.. C V1 o 4: :.� :: � CC } O O C C C O O C O O o O O O O A p O A 0 C 0 O 0 0 0 O O O V N W 0 a A c C, 200000000000__ m _±22° Ic 0 - P m c C C c.0 O O O O O o 0+ A o O O o (C O O O 0 0 0 0 0 0 0 0 p 0 0 0 0 0 d. r m T 00000000000-J00000 O O C O O O C O O O O V O O O O O N W m u Inc -S C c �- +N_N N .. V J` V v j f c c c c 0 c c 0 0 0 O O O W O O O m a 0 0 0 0 0 0 Ob O O O O O W+ A 0 0 + Y N O C O C OIo C o o O O W O V N O O A 55 I C r G - =o V T q _ G O C C O O C C O O O O O V p O O O % c gh Q 010 O 0 0 0 0 0 0 0 0 0 0 0 0 0 V O0 O c 0 0 0 O O O O W O O O O O W + uIu � G u n c N o N 6 0 V 00 0 c O O c 0 0 0 V P O O O O O 1' ` CX -J00000000000000000 'J C [v C, O O O cl0 0 O O O O V O O O O O P eta.., T m m G w A U O+ O O N • 1 A O o W A O O-. V J C O O O O O O O O O Y o A O O+ p tO0000lo OOCOoou+ooaa N3 V OIO O O O O O 0 O O O O Y W O+ W (f c i€ c 0000 0,o c 0 0 0 0 0 0 0 0 0 0 C o b '^ c o c 0 0 0 0 0 0 0 0 0 c clo c o10 c c O o O o 0 0 0 0 0 0 m m C C a m V u _� tmn u v A A N N O OHO O O o O Y O O A O O+ o NiOo c c O cc c o O o 0 o Y+ 0 0 o a V O OO O O O O O O O O O V W O+ W I • NAME OF FILE: Resolution No. 111-03 w/Agreement CROSS REFERENCE: •.a... « Hate Document 1 06/03/03 Staff Review Form w/attachments memo to City Council draft resolution 2 07/30/03 memo to Greg Boettcher 3 09/26/03 copy of email to Greg Boettcher 4 10/03/03 copy of email to Clarice Pearman Nf)TFS- SSTAFF REVIEW FORM • £16X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW U IrCc�/tQ ' For the Fayetteville City Council Meeting of: dene1t,2003 b r �5 Greg Boettcher Water/Wastewater Water/Wastewater Name Division Department ACTION REQUIRED: Approve a contract with McGoodwin, Williams and Yates of Fayetteville, AR for the design and bidding of the West Wastewater Treatment Plant, the Wetlands Mitigation Element and the Broyles Road Improvement portions of the Wastewater System Improvements Project, said contract providing for a lump sum means of compensation with a contract amount of $4,318,812.00. COST TO CITY: S4,318,812.00 Cost of this request 4480.9480.531_5.00 $ 48,202,040.00 'Water/Wastewater $ 13,046.00 Account Number Funds Used to Date 02133-0304 $ 48,'288,994.00 Project Number Remaining Balance BUDGET REVIEW: X Budgeted Item Budget Manager Date CONTRACT/GRANT/LEASE REVIEW: STAFF RECOMMENDATION: Program Category / Project Name Wastewater System Improvements Program / Project Category Name Sales Tax/Wastewater Fund Name Budget Adjustment Attached x(3103 Date Internal Au itor Date a3 Date Purchasing Manager Date Division. H eal Date (Q -?-d3 Deoar� ent Director Date " 3 Fire & Internal Services Dir. Date Date Date Cross Reference New Item: Yes Previous Ord/Res#: Orig. Contract Date Orig. Contract Number Rec'd in M yor's Office in 'n 3 No / •Staff Review Form - Page 2 • Description Meeting Date Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Reference Comments: E1 FA YETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS WA TER AND WASTE WA TER DIVISION DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council ,I FROM: Greg Boettcher, P.E. Water & Wastewater Director "" l THRU: Dan Coody, Mayor of Fayetteville Hugh Earnest, Chief Administrative Officer DATE: July 10, 2003 RE: WASTEWATER SYSTEM IMPROVEMENT PROJECT McGoodwin, Williams & Yates, Inc. West Side Wastewater Treatment Plant Design/Bidding Phase Service Contract BACKGROUND The citizens of Fayetteville have approved a $ 125 million sales tax bond issue to address the capital costs for a critically -needed wastewater system improvement project. The passage of this'/. -cent sales tax enabled low-cost, accelerated financing for said project, scaling back customer rate impact from 134% to 38%. Since passage of the sales tax in late 2001, the City Administration, consultants and regulators have completed a number of funding, environmental, procedural and program functions; finalizing the preliminary design phase of the wastewater system improvement project. Activities that have been completed during such time period include: • Secure technical approvals of engineering concepts • Complete Cultural Resource Surveys as required by Arkansas' State Historic Preservation Officer ■ Solidify financing arrangements using a combination of SRF and private funding ■ Develop an integrated program for this large capital improvement project, including: ✓ selection of program manager ✓ development of standard project bidding materials ✓ creation of an integrated construction program bringing together the multiple consultants, projects and needs ✓ acceleration of project construction by incorporating a prioritized, segmented approach that anticipates 13 bidding packages • Development of a standard professional services agreement • Capitalization on cost -saving opportunities that have substantial financial benefits ✓ Broyles Road Analysis ✓ Outfall Line Assessment ✓ Future benefits of team design, peer reviews, operations involvement, constructability critiques, program management and value engineering • Negotiation of professional service agreements with the engineering/program management consultants that have explicit scopes of work, exacting performance schedules, and defined compensation. DISCUSSION The Fayetteville City Council, at a special meeting on July 8, 2003 placed the negotiated professional service agreements on the City Council Agenda. The attached contract with McGoodwin, Williams and Yates, Inc. relates to design and bidding phase services for the West Side Wastewater Treatment Plant component of this wastewater improvement program, the specifics of this contract being summarized as follows: CORE ELEMENTS -(I) 10 million gallons per day advanced wastewater treatment plant, (2) 42 -inch outfall line extending 11,000 feet downstream (optional), (3) design of Broyles Road Improvements along the east frontage of the plant site, and (4) centralized wetland mitigation for the entire project. COMPENSATION- 54,318,812.00 (lump sum fee) The design and bidding phase services set forth in the proposed agreement are associated with the Fayetteville Vision 2020 Guiding Principles listed below: 1. Naturally Beautiful City: Our Mountains and Hills, Our Creeks, Our Open Greenspaces 2. Well maintained City Infrastructure and Facilities The completion of the west side wastewater treatment plant and associated improvements are necessary for the targeted benefits of the wastewater system improvement program to be realized; therefore, the contract approval is integral to the maintenance of infrastructure and facilities. RECOMMENDATIONS To provide the proper and responsible management of the Fayetteville Wastewater System, the City Administration recommends that the Fayetteville City Council approve a contract with McGoodwin, Williams and Yates, Inc. for S4,318.812.00 to design the predicted $40.4 million of project construction. This activity was reviewed and approved by the Fayetteville Water and Sewer Committee on June 5, 2003. 2 Li RESOLUTION NO. A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT WITH MCGOODWIN, WILLIAMS AND YATES, INC. IN THE NOT TO EXCEED AMOUNT OF $4,318,812.00 FOR ENGINEERING SERVICES RELATED TO THE NEW WEST WASTEWATER TREATMENT PLANT, WETLANDS MITIGATION AND BROYLES ROAD IMPROVEMENTS 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 lump sum contract in the not to exceed amount of Four Million Three Hundred Eighteen Thousand Eight Hundred Twelve Dollars ($4,318,812.00) attached as Exhibit A. This lump sum contract engages McGoodwin, Williams and Yates, Inc. to provide engineering services to include design and bid phase services for the West Side Wastewater Treatment facilities. McGoodwin, Williams and Yates, Inc. will also provide contract drawings, documents and specifications and design site surveys for: the West Side Wastewater Treatment facilities, Wetland Mitigation Area, Effluent Line, Broyles Road relocation (as more particularly described in the contract). Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire McGoodwin, Williams and Yates, Inc. for this project. PASSED and APPROVED this the 15th day of July, 2003. ATTEST: By: Sondra Smith, City Clerk APPROVED: #4 By: DAN COODY, Mayor Contract Information was included in the Design Contracts Manual Dated June 10, 2003. Copies are available in the City Clerk's Office FAYETTEVItLE till CITY OF FAYITTIVIU . ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Greg Boettcher Water & Wastewater From: Clarice Buffalohead-Pearman 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 From: Clarice Pearman To: Boettcher, Greg Date: 9/26/03 12:13PM Subject: contracts Res. 112-03 passed in July approved a contract with RJN Group for engineering services. I have the contract and it is signed by Mr. Kelso and Mayor Goody but there are two places for initials on the Appendix A-Scopy of Services for Final Design Phase and Appendix B -Scope of Services for Bidding Phase that were not completed. If you could call Mr. Kelso to come by the city clerk's office and initial them I would appreciate it. Also on Res. 111-03 passed in July approves a contract with McGoodwin, Williams & Yates, Inc. for engineering services for the new wasewater treatment plant. There is a section regarding wetlands mitigation which has a place for the landscape administrators signature in two places. Do we have a landscape administrator to replace Kim Hesse? Or should we try to contact Kim to come by and sign this? Thanks for your attention to these matters. Clarice x309 From: Greg Boettcher To: Pearman, Clarice Date: 10/2/03 2:26PM Subject: Re: contracts The McGoodwin Contract materials are only the form that will be later signed by the Planning Division regarding approval of the large scale development. This signature is not required for the engineering contract approval but will be received after the work is completed and approved for a building permit. Greg Boettcher >>> Clarice Pearman 09/26/03 12:13PM >>> Res. 112-03 passed in July approved a contract with RJN Group for engineering services. I have the contract and it is signed by Mr. Kelso and Mayor Coody but there are two places for initials on the Appendix A-Scopy of Services for Final Design Phase and Appendix B -Scope of Services for Bidding Phase that were not completed. If you could call Mr. Kelso to come by the city clerk's office and initial them I would appreciate it. Also on Res. 111-03 passed in July approves a contract with McGoodwin, Williams & Yates, Inc. for engineering services for the new wasewater treatment plant. There is a section regarding wetlands mitigation which has a place for the landscape administrators signature in two places. Do we have a landscape administrator to replace Kim Hesse? Or should we try to contact Kim to come by and sign this? Thanks for your attention to these matters. Clarice x309 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Mayors Approval City Council Meeting Date Agenda Items Only David Jurgens Wastewater System Impry Project Submitted By Division Action IP design, including the phosphorus removal evaluation. Is Cost of this request 4480.9480.5314.00 Account Number 02133.0001 Project Number Budgeted Item Category / Project Budget $ Funds Used to Date Remaining Balance Budget Adjustment Attached LJ Utilities Department Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name I OJAi It Previous Ordinance or Resolution # 111-03/121-05 Date Original Contract Date: 7/151O3; 6121105 /-/a- /ZJ Original Contract Number: 915 Date '4 0.rLJL. I jo.2ojz Finance and Internal Services Director Date I 01-10-12P01:00 RCVD Received in City Clerk's Office Date Received in � Z Mayor's Office / D e Revised January 15, 2009 CONTRACT REVIEW MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS KA To: Mayor Lioneld Jordan Thru: Don Man, Chief of Staff From: David Jurgens, Utilities Director Y Date: January 6, 2012 Subject: Amendment 4 to WSIP Contract wiji Black and Veatch for Noland Wastewater Treatment Plant engineering RECOMMENDATION City Administration recommends approval of Amendment 4 to the WSIP engineering contract with with Black and Veatch Corporation for professional engineering services to determine methods to achieve additional phosphorus removal from the Noland Wastewater Treatment Plant's effluent. BACKGROUND USEPA Region 6 is proposing to reduce the National Pollutant Discharge Elimination System (NPDES) permit limit for phosphorous from a 1.0 parts per million (ppm) to a 0.1 ppm for all Northwest Arkansas cities that discharge treated effluent from wastewater treatment facilities into the Illinois River Watershed. As there was no mention of a phosphorous limit more stringent than 1.0 ppm during the development phase of Noland's recent renovations, the plant is not currently designed to consistently treat wastewater to 0.1 ppm. It is expected that future NPDES permits will reduce the phosphorus limit, resulting in the need for this evaluation. It is also expected that this limit will ultimately be placed on White River watershed discharges as well. DISCUSSION Black and Veatch did an exceptional job in design and oversight of renovations at the Noland WWTP, and are more familiar with the treatment process than any other engineering firm. This amendment allows for updating salary schedules. Billing rates had not been updated since Addendum Number 2 dated June 18, 2007. The phosphorus removal report should be delivered and the contract should be closed out within the next 60 days. BUDGET IMPACT Funds are available within the contract due to savings in work performed in the design and construction process. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 B&V Amdmt4 CCMemo 5Jan12.doc AMENDMENT NO.4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND BLACK & VEATCH CORPORATION WHEREAS, On July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Black & Veatch Corporation of Kansas City, Missouri (BLACK & VEATCH) entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project, and in particular the Paul R. Noland Wastewater Treatment Plant Improvements - Wet Weather Improvements - Contract EP -1 and Paul R. Noland Wastewater Treatment Plant Miscellaneous Improvements EP -3 (the "Project"). The scope of these services included the final design and bidding services, and WHEREAS, BLACK & VEATCH has proceeded with these services in accordance with the scope set forth in the Agreement, and WHEREAS, CITY OF FAYETTEVILLE requests that the scope of BLACK & VEATCH 's services to be amended to provide Conceptual Design Services for the Project, and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and BLACK & VEATCH, the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July I5, 2003, Addendum No. I dated September 20, 2005, Addendum No. 2 dated June 18, 2007, and Addendum No. 3 dated March 18, 2010, is hereby amended in the following particulars: SECTION 6- PAYMENTS TO BLACK & VEATCH Replace APPENDIX G — HOURLY BILLING RATES FOR ENGINEERING SERVICES as amended in Addendum No. 2 with the APPENDIX G — HOURLY BILLING RATES FOR ENGINEERING SERVICES attached to this Amendment No. 4. All other provisions of the original Agreement remain in full force and effect. Amendment No 4 (2).doc 1 138636 IN WI SS WHEREOF, the parties hereto have caused this Amendment to be duly executed this day o 20Jj._ CITY OF FA TTEVII•L ARKANSAS M yor mss .•r\ZY oe.AA. c - t41tPCJ 1 : /� � FAYETfEVILI4 I i%tn�A a� G /ZfJG /ZfJ =•• o _c,_•*. .' City e BLACK & VEATCH CORPO [O By: Michael G. Orth Title: Senior Vice President END OF AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Amendment No 4 (2).doc 2 138636 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX G - HOURLY BILLING RATES FOR ENGINEERING SERVICES This is Appendix G, consisting of two (2) pages, referred to in and part of the Amendment No. 4 to Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003, Addendum No. I dated September 20, 2005, Addendum No. 2 dated June 18, 2007, and Addendum No. 3 dated March 18, 2010. Initial CITY OF FAYETTEVILLE BLACK & VEATCH Job Classification Hourly Billing Rate 2011 Principal $225 Project Manager $193 Project Secretary $69 Project Accountant $69 Project Engineer $178 Lead Civil Engineer $141 Civil Design Engineer $103 Civil Tech $92 Structural Sr. Engineer $167 Structural Engineer $134 Structural Tech $102 Geotechnical Specialist $156 Architect $127 Architect Tech $98 Architect Drafter $95 Building Mechanical Sr. Engineer $158 Amendment No 4 (2).doc Appendix G -I 138636 Building Mechanical Engineer $136 Building Mechanical Technician $87 Pump Specialist $185 Process Mechanical/Chem Feed Engineer $116 Electrical Specialist $165 Electrical Engineer $138 Electrical Technician $116 Electrical Drafting $102 I&C Specialist $160 I&C Engineer $142 Shop Drawing Admin $133 Shop Drawing Clerical $58 Process Engineer — Odor Control $163 Process Engineer — Liquid Treatment $174 Operations Specialist $153 Operations Process Engineer $142 Engineer - Writer $142 Engineer— Writer/Mfg Manuals $142 Technical Review $142 Graphics $102 Editor/Word Processing/Clerk $76 Estimator $149 Resident Project Representative $120 Amendment No 4 (2).doc Appendix G-2 138636