Loading...
HomeMy WebLinkAbout121-05 RESOLUTIONw RESOLUTION NO. 121-05 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH McGOODWIN, WILLIAMS AND YATES, INC. IN THE AMOUNT OF $4,680,637.00 TO PROVIDE CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS AND THE WETLAND MITIGATION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby approves Amendment No. 1 to the Professional Engineering Services Contract with McGoodwin, Williams and Yates, Inc. in the amount of $4,680,637.00 to provide construction -phase services associated with the Westside Wastewater Treatment Plant, Broyles Road Improvements and the Wetland Mitigation Project. A copy of Amendment No. 1, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 215t day of June, 2005. APPROVED: •cam. ;FAYETTEVILLE: By: ATTEST: ��� +ON�t�p•��. By: 4 SONDRA SMITH, City Clerk 9 0 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND McGOODWIN, WILLIAMS AND YATES, INC. WHEREAS, on July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY) entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project; and in particular the Westside Wastewater Treatment Plant, Broyles Road Improvements, Effluent Line, and Wetlands Mitigation Site on the wastewater treatment plant property (the "Project"). The scope of these services included the final design and bidding services, and WHEREAS, MWY 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 MWY's services to be amended to provide Construction Phase; Resident Services During Construction; O&M Manual Preparation, Startup, Training; and Post -Construction Phase Services for the Project; NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July 15, 2003, is hereby amended in the following particulars: SECTION 2 — BASIC SERVICES OF MWY 2.1 General 2.1.1.3 The Scope of Services to be furnished by MWY during the Construction Phase is hereby included in Appendix B -l. 2.1.1.4 The Scope of Services to be furnished by MWY during the Post -Construction Phase is hereby included in Appendix B-2. 2.1.1.5 The Scope of Services to be furnished by MWY during the Resident Services During Construction Phase is included in Appendix B-3. 2.2 Final Design Phase 2.2.1.5.1 and 2.2.1.5.3 At the request of the CITY OF FAYETTEVILLE, the Broyles Road Improvements Project, Wetland Mitigation Site Project, and the Westside Wastewater Treatment Plant Project have been incorporated into one construction contract (Contract WP -3). 2.2.1.5.2 The Westside Wastewater Treatment Plant Effluent Line has been deleted from the Project. Fy-317 Amendment 1 Page 1 SECTION 3 — ADDITIONAL SERVICES OF MWY Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF MWY: 3.1.8 Additional meetings with local, state, or Federal agencies to discuss project. 3.1.9 Review of drawings and other data submitted by Contractor(s) beyond one resubmission because of failure of Contractor to account for exceptions previously noted by MWY. 3.Ll0 Appearances at public hearing meetings or before special boards. 3.1.11 Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this amendment. 3.1.12 Special consultants or independent professional associates requested by CITY OF FAYETTEVILLE. 3.1.13 Preparation for litigation, or other legal or administrative proceedings; and appearances in court in connection with change orders or construction incidents. 3.1.14 Engineering assistance to CITY OF FAYETTEVILLE for and during negotiation meetings. 3.1.15 Observing factory tests and field retesting of equipment that fails to pass the initial test. 3.1.16 Special reports as requested by CITY OF FAYETTEVILLE concerning facility operation and personnel matters during the startup period. 3.1.17 Where field conditions differ from the conditions indicated in the construction Contract Documents or the soil boring logs, preparation of sketches of construction work for approval by CITY OF FAYETTEVILLE, to supplement the drawings and specifications as may be required; and providing redesign or relocation information if required by underground obstructions, utilities, or other conditions. 3.1.18 Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Contractor(s); and services after the award of the contract for evaluating and determining the acceptability of substitutions proposed by the Contractor. 3.1.19 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) prolongation of the construction contract time of any prime construction contract, (5) default by any Contractor, and (6) failure of the Contractor to complete the work within the construction contract time. 3.1.20 Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 3.1.21 Special services in connection with partial utilization of any part of the project by CITY OF FAYETTEVILLE prior to Substantial Completion which require the Resident Project Representative to work additional hours or require employment of additional on-site pefsonnel. Fy-317 Amendment 1 Page 2 3.1.22 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or others in connection with the work. 3.1.23 Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor(s) or others in connection with the work. 3.1.24 Additions to the resident project representative (RPR) staffing level and/or individual RPR(s) compensation, based on straight time salary rate, for services extending beyond 40 hours per week as a result of Contractor(s) scheduled extended workweek. 3.1.25 Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.26 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. 3.1.27 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.1.27.1 Inconsistent with approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's Program or Project Budget. 3.1.27.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. 3.1.28 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either CITY OF FAYETTEVILLE or Contractor under the Contract for Construction. 3.1.29 Preparation and submittal to the CITY OF FAYETTEVILLE and Arkansas Soil & Water Conservation Commission (ASWCC) a Corrective Action Plan to address operating deficiencies at the end of the one-year Project Performance Period, if necessary. 3.1.30 Preparation of or amendments to property and right-of-way documents, including surveys. SECTION 4 — CITY OF FAYETTEVILLE'S RESPONSIBILITIES Add the following tasks to SECTION 4 of Agreement: CITY OF FAYETTEVILLE will furnish and not at the expense of the MWY the following items. 4.13 All maps, drawings, reports, records, manuals, and other data that are available in the files of CITY OF FAYETTEVILLE and which may be useful in the work involved under this Amendment. SECTION 5 — PERIOD OF SERVICE 5.3 The services described in this Amendment are expected to be completed in accordance with the following schedules: Fy-317 Amendment 1 Page 3 WESTSIDE WASTEWATER TREATMENT PLANT Construction Phase Services, Resident Project Representative Services O&M Manual Preparation and Startup and Training Project Performance Certification Services BROYLES ROAD IMPROVEMENTS Construction Phase Services, Resident Project Representative Services WETLANDS MITIGATION Construction Phase Services, Resident Project Representative Services O&M Manual Preparation and Startup and Training Project Performance Certification Services Thirty-three (33) months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE. Complete within 180 days following Contractor's Substantial Completion. Complete three quarterly project performance reports; complete one final project performance report within 90 days of the one-year project performance period. Thirty-three (33) months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE. Thirty-three (33) months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE, Complete within 180 days following Contractor's Substantial Completion. Complete three quarterly project performance reports; complete one final project performance report within 90 days of the one-year project performance period. CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond October 3, 2005, and/or the construction period exceeds thirty-three (33) months. 5.4 The provisions of this Amendment have been agreed to in anticipation of the orderly progress of construction through completion of the services stated in this Amendment. 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 as defined in this Amendment, Fy-317 Amendment 1 Page 4 SECTION 6 — PAYMENTS TO MWY 6.1 Compensation For the scope of services set forth in the final design and bidding phase and as may have been amended, plus the Basic Services set forth in this Amendment No. 1, CITY OF FAYETTEVILLE agrees to pay MWY the amounts indicated for each phase of the work. The total payment for the work set out in this Amendment to MWY shall not exceed Four Million Six Hundred Eighty Thousand Six Hundred Thirty - Seven Dollars ($4,680,637) except as provided for in Section 3 of the Agreement. The total payment is based on compensation amounts presented below to the scopes of services set forth in this Amendment No. 1. Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following: For services performed under this Amendment No. 1, CITY OF FAYETTEVILLE shall pay the sum of the following estimated cost for engineering services, subject to the cost not -to -exceed set out herein: 6.1.3 Construction Phase Services, including Resident Project Representative (RPR) Services 6.1.3.1 The Scope of Services during the Construction Phase for the Westside Wastewater Treatment Plant, Broyles Road Improvement, and the Wetlands Mitigation Site described herein is estimated to be $4,209,200 . 6.1.4 Post -Construction Phase Services, O&M Manual Preparation and Training, and Startup Services during Construction Phase 6.1.4.1 The Scope of Services during the Post -Construction Phase for the Westside Wastewater Treatment Plant, Broyles Road Improvement, and the Wetlands Mitigation Site described herein is estimated to be $471,437 . 6.1.5 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. 6.1.6 Basis of Compensation 6.1.6.1 The CITY OF FAYETTEVILLE agrees that the MWY's not -to -exceed upper limit for this Amendment No. l is based on the durations indicated in Section 5.3 of this Amendment No. 1 and if the construction period or operation period is extended that MWY shall be entitled to additional compensation. 6.1.6.2 Subject to prior City Council approval, adjustment of the compensation 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 amend the duration of work from the time period specified in the amended Agreement for completion of work and such modification warrants such adjustment. 6.1.6.3 Monthly statements for each payroll month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for these services consistent with Fy-317 Amendment 1 Page 5 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 accordance with a format to be developed by MWY and approved by CITY OF FAYETTEVILLE. Final payment for these services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of this phase for the Project. 6.1.6.4 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining payment to MWY for the costs incurred by MWY while providing the services described in this Amendment No. 1. Costs include but not limited to the salaries and benefits paid to employees engaged directly in providing the services and profit. The current hourly billing rates are included as Appendix C to this Amendment. Rates will be adjusted each January 1. 6.1.6.5 The following direct expenses are considered reimbursable and are included in the not -to -exceed amount. 6.1.6.5.1 For outside expenses incurred by MWY, such as authorized travel and subsistence, commercial services, courier deliveries, and incidental expenses, the cost to MWY plus 5 percent. 6.1.6.5.2 Subcontract costs. 6.1.6.6 The following direct expenses are also considered reimbursable and are not a part of the not -to - exceed amount. 6.1.6.6.1 Charges of special consultants requested by CITY OF FAYETTEVILLE, 6.1.6.6.2 Special insurance coverage required by CITY OF FAYETTEVILLE. 6.1.6.6.3 Local taxes or fees applicable to the engineering work or payments therefor. 6.1.6.6.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.6.7 It is understood and agreed that the not -to -exceed cost is based on the start of the services being authorized not later than October 3, 2005. If start of services is not authorized by dates given, it is understood and agreed that the not -to -exceed cost will be adjusted accordingly by an amendment to the Agreement. 6.1.6.8 It is understood and agreed that MWY shall keep records of costs and expenses on the basis of generally accepted accounting practice, and records shall be available for inspection at reasonable times. All other provisions of the original Agreement remain in full force and. effect. Fy-317 Amendment 1 Page 6 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this 1 Sk day of u n. o 1201)!5 - CITY OF FAYE EVILLE, ARKANSAS ��++n��riirar FR R s,, " • c^ Mayor FAYETTEVILLE: ATTEST: IP 9 I(A NSP�J=`' By: TON �'��`City Clerk McGOODWIN, WILLIAMS AND YATES, INC. By: � Q6zy1--- Title:V d END OF AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Fy-317 Amendment 1 Page 7 0 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B-1 SCOPE OF SERVICES FOR CONSTRUCTION PHASE WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT This is Appendix B-1, consisting of 3 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003. Initial: CITY OFF YETTEVILLE . C MWY The following is the Scope of Services for the Construction Phase. B-1.1 General By performing these services, MWY shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, technique, sequences, or procedures of construction. MWY shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractors to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor(s) furnishing and performing the work. Specific services to be performed by MWY are as follows: 134.2 Management B-1.2.1 MWY's management functions required to complete services to be provided under this Agreement shall include all project correspondence with the CITY OF FAYETTEVILLE, consultation and coordination with the CITY OF FAYETTEVILLE, supervision and coordination of the services provided by MWY including scheduling and assignment of personnel, invoicing, and continuous monitoring of the progress of the services. B-1.3 Office Support Services During Construction B-1.3.1 Receive the Contractor's insurance certificates and forward to CITY OF FAYETTEVILLE for review and acceptance by the CITY OF FAYETTEVILLE's legal counsel. B-1.3.2 Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial and updated construction schedule(s) if requested by CITY OF FAYETTEVILLE. M WY's review shall be for general conformity to the provisions of the Contract Documents, to determine if the Contractor's construction schedule and activity sequence include the completion dates, and construction sequencing for any special conditions. MWY's review shall not include an analysis of Contractor's approach, means and methods of construction for performing the work specified in the Contract Documents. Fy-317 Amendment 1 Appendix B-1 - 1 0 0 B-1.3.3 Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial schedule of values and schedule of estimated monthly payments. B-1.3.4 Review guarantees, bonds, and certificates of inspection, and tests and approvals which are to be assembled by the Contractor(s) in accordance with the construction Contract Documents, and transmit them to CITY OF FAYETTEVILLE. MWY's review is not a legal review to determine if the Contractor's guarantees and bonds comply with all applicable requirements of the Contract Documents. B-1.3.5 Review drawings and other data submitted by the Contractor as required by the construction Contract Documents. MWY's review shall be for general conformity to the construction Contract Documents and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident hereto. This task does not pertain to review and organization of manufacturer's O&M manuals, which is described in another task. B-1.3.6 Interpret construction Contract Documents when requested. Requests for interpretations, clarifications or information shall be in writing through the CITY OF FAYETTEVILLE. Responses to Contractor shall be through the CITY OF FAYETTEVILLE. B-1.3.7 Review Contractor's applications for payment and supporting data, determine the amounts owed to Contractor, and recommend to the CITY OF FAYETTEVILLE, in writing, approval of all payments to Contractor in accordance with the Contract Documents. MWY's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request. B-1.3.8 Prepare routine Change Orders as required and submit to CITY OF FAYETTEVILLE. Review CITY OF FAYETTEVILLE or Contractor documentation and prepare any additional documentation required to administer the processing of change order, including applications for extension of construction time. Provide opinion to the CITY OF FAYETTEVILLE of the performance by the parties thereto, and make recommendations to CITY OF FAYETTEVILLE on claims of CITY OF FAYETTEVILLE and Contractor(s) relating to the execution and progress of the Work and other matters and questions related thereto; but MWY shall not be liable for the results of any such interpretations, opinions, recommendations, or decisions rendered by MWY in good faith. If required, evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of CITY OF FAYETTEVILLE. Services related to unusually complex or unusually numerous claims are considered an Additional Service. BA.3.9 Provide monthly progress reports to CITY OF FAYETTEVILLE. B-1.3.10 Review and make recommendations regarding "or equal" submittals in accordance with Construction Contract General Conditions. B-1.3.11 Provide to the CITY OF FAYETTEVU LE, in a format acceptable to the CITY OF FAYETTEVILLE, such progress reports; pay applications; project summaries; and other data as may be required, for posting by others on a project web site to allow the public to monitor Fy-317 Amendment 1 Appendix B-1 - 2 and review the activities; materials; and financial status of the project. Update the data supplied to the CITY OF FAYETTEVILLE when requested. B-1.4 Field Support Services During Construction B-1.4.1 Attend a preconstruction conference to be conducted by the State of Arkansas Soil & Water Conservation Commission. B-1.4.2 Conduct a monthly progress meeting with Contractor and prepare and distribute minutes of the meeting. While on-site, observe progress of the work, and consult with CITY OF FAYETTEVILLE and the Contractor concerning problems and/or progress of the construction. B-1.43 Design team personnel with areas of responsibilities including project management, structural, process, mechanical, HVAC, electrical, control and instrumentation, geotechnical, and architectural will make periodic site visits. These site visits will be at intervals appropriate to the stages of construction to consult with and advise the Resident Project Representative, observe the progress and quality of the executed Work, and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. A written report summarizing discussions, site observations, and periodically established objectives shall be provided to CITY OF FAYETTEVILLE for distribution. B-1.4.4 Investigate any unforeseen subsurface conditions or unforeseen underground facilities that may be encountered in accordance with Construction Contract General Conditions. Submit written conclusions to CITY OF FAYETTEVILLE. B-1.4.5 Investigate claims of CITY OF FAYETTEVILLE and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction Contract Documents. Submit written conclusions to CITY OF FAYETTEVILLE. B-1.4.6 Analyze data from performance testing of equipment by the Contractor or supplier when the construction Contract Documents require the equipment to be tested after installation. Submit written conclusions to CITY OF FAYETTEVILLE. B-1.4.7 Conduct a Substantial Completion inspection of the construction work and prepare a punch -list of those items to be completed or corrected before final completion of the project. Submit written results of the inspection to CITY OF FAYETTEVILLE and the Contractor. B-1.4.8 Conduct a final inspection to determine if the construction is completed. MWY shall submit written results to CITY OF FAYETTEVILLE and provide written recommendations concerning final payment to CITY OF FAYETTEVILLE, including a list of items, if any, to be completed prior to making such payment. Fy-317 Amendment 1 Appendix B-1 - 3 0 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B-2 SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE, OPERATIONS AND MAINTENANCE MANUAL PREPARATION WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT This is Appendix B-2, consisting of 2 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003. Initial: CITY OF AYETTEV ILLE MW """ ��� The following is the Scope of Services for the Post-Constructi Phase. B-2.1 General B-2.1.1 MWY agrees to provide the following services after completion of the project. The project is identified as the Westside Wastewater Treatment Plant, Broyles Road Improvements, and Wetlands Mitigation Project, and defined in the construction documents prepared by MWY. B-2.1.2 Prepare, after completion of construction, a Record Set of construction drawings based on the construction records maintained and submitted by Contractor and Resident Project Representative. Record Set of construction drawings shall be provided in electronic CADD files. B-2.2 Consultation B-2.2.1 MWY agrees to make available the services of design team members for consultation. B-2.3 Training and Project Performance Evaluation B-23.1 Provide 80 hours of on-site training of the CITY OF FAYETTEVILLE operation staff. B-2.3.2 Make change in staffing recommendations to CITY OF FAYETTEVILLE. B-2.3.3 Provide observations and recommendations to CITY OF FAYETTEVILLE operational staff regarding unit processes. B-2.3.4 Recommend changes to the CITY OF FAYETTEVILLE user charge ordinance, if required. B-2.3.5 Prepare a Preliminary Operation and Maintenance (O&M) Manual for the wastewater treatment facilities approximately two months prior to project completion and submit to CITY OF FAYETTEVILLE and Arkansas Soil & Water Conservation Commission (ASWCC). Fy-317 Amendment 1 Appendix B-2 - 1 0 B-2.3.6 Prepare a Final O&M Manual after review and comment by ASWCC and submit to CITY OF FAYETTEVILLE, B-2.3.7 Prepare three quarterly project performance reports and one final report to determine if the performance provisions of the contract have been met. 13-2.3.8 Prepare and submit to CITY OF FAYETTEVILLE and ASWCC a Corrective Action Plan to address operating deficiencies at the end of the one-year Project Performance Period, if necessary. If a Corrective Action Plan is necessary, it shall be covered under Additional Services, B-2.3.9 Manufacturers' Maintenance Manuals. The manufacturers' O&M manuals submitted shall be reviewed and forwarded to CITY OF FAYETTEVILLE. B-2.4 Training and Startup Support B-2.4.1 MWY. will provide the following services during startup and training: B-2.4.2 Review and comment on startup procedures proposed by the Contractor. The purpose of this review is to confirm the availability of the required equipment for each process area, pre- testing of equipment, and verifying that chemicals, lubricants and expendables are available, work assignments are made, and startup procedures are coordinated with existing plant operations. B-2.5 Broyles Road Improvements B-2.5.1 Provide a two-year performance review and submit written conclusions to CITY OF FAYETTEVILLE. B-2.5.2 If a Corrective Action Plan is necessary, it shall be covered under Additional Services. Fy-317 Amendment 1 Appendix B-2 - 2 C CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B-3 SCOPE OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT This is Appendix B-3, consisting of 4 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003. Initial: l CITY OF YETTEVILLE C MWY The following is the Scope of Services for the Resident Proje t epresentative Services During Construction Phase. B-3.1 General B-3.1.1 MWY agrees to furnish a Resident Project Representative to observe the Contractor's work and perform the services listed below, The Resident Project Representative shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of MWY. This service will in no way relieve the Contractor of supervision and inspection of the work or the Contractor's obligation for compliance with the Contract Documents. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the Resident Project Representative and assistants are as follows: B-3.2 Site Observations B-3.2.1 Conduct on-site observations of the general progress of the work to assist MWY in determining if the work is proceeding in accordance with the construction Contract Documents. B-3.2.2 Assist in MWY's liaison with the Contractor and MWY in providing interpretation of the construction Contract Documents. B-3.2.3 Assist MWY in serving as CITY OF FAYETTEVILLE's liaison with the Contractor. B-3.2.4 As requested by MWY, assist in obtaining from CITY OF FAYETTEVILLE additional details or information when required at the job site for proper execution of the work. B-3.2.5 Report to MWY, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. Fy-317 Amendment 1 Appendix B-3 - 1 0 B-3.2.6 Advise MWY and the Contractor immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been reviewed by MWY or has been not been resubmitted for review if required. B-3.2.7 Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and assist in documenting actual site conditions. B-3.2.$ Assist MWY in coordinating scheduling of activities to minimize conflicts with CITY OF FAYETTEVILLE's activities. B-3.2.9 Visually inspect materials, equipment, and supplies delivered to the worksite. Advise MWY in rejection of materials, equipment, and supplies which do not conform to the construction Contract Documents. B-3.2.10 Coordinate onsite materials testing services during construction. B-3.2.11 Observe field tests of equipment, structures; and piping, and review the resulting reports, commenting to MWY, as appropriate. B-3.3 Outside Liaison and Public Information Services B-3.3.1 Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the names of the inspectors, and the results of the inspections, and report to MWY. B-3.4 Meetings, Reports, and Document Review and Maintenance B-3.4.1 Attend the preconstruction conference. B-3.4.2 Attend monthly progress meetings, and other meetings with CITY OF FAYETTEVILLE and the Contractor when requested by MWY. B-3.4.3 Maintain daily construction progress reports containing a•summary of the Contractor's progress including general condition of the work, problems, and resolutions or proposed resolutions to problems. B-3.4.4 Assist MWY in reviewing the schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and assist MWY concerning their acceptability. B-3.4.5 Report to MWY regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment. B-3.4.6 Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them to MWY, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. B-3.4.7 Record date of receipt of shop drawing samples. Receive samples which are furnished at the site by the Contractor, and notify MWY of their availability for examination. Fy-317 Amendment t Appendix B-3 - 2 0 i B-3.4.8 Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information from the record documents maintained by the Contractor. Upon completion of the work, forward the record documents to MWY. B-3.4.9 Review certificates of inspections, tests, and related approvals submitted by the Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the construction Contract Documents). This service is limited to a review of items submitted'by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. B-3.4.10 Maintain the following documents at the jobsite. B-3.4.10.1 Correspondence files. B-3.4.10.2 Reports of jobsite conferences, meetings, and discussions among -MWY and Contractor. B-3.4.10.3 Submittals of shop drawings and samples. B-3.4.10.4 Reproductions of original construction Contract Documents. B-3.4.10.5 Addenda. B-3.4.10.6 Change orders. B-3.4.10.7 Field orders. B-3.4.10.8 Work change directives. B-3.4.10.9 Requests for interpretation. B-3.4.10.10 Requests for Proposal and Associated Response. B-3.4.10.11 Additional drawings issued subsequent to execution of the construction Contract Documents. B-3.4.10.12 Progress reports. B-3.4.10.13 Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. B-3.4.10.14 Maintain a diary or log book of significant events at the jobsite, including the following information. The diary or log book shall remain the property of MWY. Days the Contractor worked on the jobsite. Approximate number of Contractor and subcontractor personnel on jobsite. Construction equipment on the jobsite. Fy-317 Amendment 1 Appendix B-3 - 3 0 Observed delays and causes. Weather conditions. Data relative to claims for extras or deductions. Construction activities. Observations pertaining to the progress of the work. Materials received on jobsite. B-3.5 Assistance with Substantial Completion U B-3.5.1 Assist MWY in conducting Substantial Completion inspection in the company of CITY OF FAYETTEVILLE and the Contractor, and prepare a list of items to be completed or corrected. B-3.5.2. Observe that all items on the list have been completed or corrected, and submit to MWY. B-3.6 Assistance with Final Completion B-3.6.1 Assist MWY in conducting final inspection in the company of CITY OF FAYETTEVILLE and the Contractor, and prcpare a final list of items to be completed or corrected. B-3.6.2 Verify that all items on the final list have been completed or corrected, and report to MWY. Fy-3 l7 Amendment 1 Appendix B-3 - 4 0 APPENDIX C ATTACHMENT TO AGREEMENT FOR ENGINEERING SERVICES SCHEDULE OF CLASSIFICATIONS AND RATES FOR 2005' Classification Hourly Rate Engineer6................................................................ $165.00 Engineer 5................................................................ 142.00 Engineer4................................................................ 130.00 Engineer3................................................................ 112.00 Engineer2................................................................ 81.50 Engineer1................................................................ 66.50 Architect 2............................................................. $ 102.50 Architect1.............................................................. 95.00 Technician 6 ............................................................ $ 92.50 Technician 5............................................................. 79.00 Technician4............................................................. 64.00 Technician 3............................................................. 53.00 Technician2............................................................. 40.00 Technician1............................................................. 30.00 Admin5................................................................... $ 73.00 Admin4................................................................... 59.00 Admin3................................................................... -46.00 Admin2................................................................... 35.00 Admin1.................................................................... 30.00 GPS Surveying Equipment (when utilized) .............. $ 55.00 Hourly rate schedules will be adjusted annually each January 1. McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas January 1, 2005 y�lle 0 0 /.;t 1�5 City Council Meeting of July21, 2005 CITY COUNCIL AGENDA MEMO To: Mayor and City Council From: Bob Davis, P.E., Water & Wastewater Director Date: June 3, 2005 Subject: Approval of a contract amendment for McGoodwin Williams & Yates to provide Construction Phase Services dealing with the construction and post -construction activities associated with the Westside Wastewater Treatment Plant, Broyles Road, and the Wetland Mitigation Project. RECOMMENDATION : Staff recommends approval of this contract amendment in the amount of $4,680,637. Presentation of this amendment to the Fayetteville, AR Water & Sewer committee resulted in unanimous approval. This recommendation was preceeded by a thorough review of proposed tasks'presented by McGoodwin Williams & Yates including an intense question and answer session, negotiation and refinement, and finally, revision of their preliminary proposal. A detailed breakdown of tasks and estimated hours for each task are provided on the spreadsheet(s) included with this memo. McGoodwin Williams & Yates has designed this work, and continuation of construction phase services with this firm (including shop drawing review, inspection of the construction work, and general resident engineer services) will provide the City with continuation of responsible charge and subsequent engineering responsibility by a single, consistent entity (McGoodwin Williams & Yates). BACKGROUND: As part of the Wastewater Systems Improvement Project (WSIP) the City of Fayetteville has undertaken design and construction of a 10 Million Gallon per Day (MGD) annual average flow wastewater treatment plant to be constructed on the west side of Fayetteville, AR in the Illinois River drainage basin. All flows generated within the Illinios River drainage basin will be pumped to the new facility via two force mains constructed under another project. An upgrade and extension of 13royles Road and construction of a Wetlands Mitigation project will also be including in the project. The estimated cost of the project is approximately $48 million dollars. DISCUSSION: The contractor and subcontractor pre -qualification process for the Westside Plant which concluded on May 26, 2005 with a response from 9 general contractors. Staff is presently reviewing the pre -qualification submittals. The bidding process for general contractors will begin on June 20, 2005 with a bid opening scheduled for July 21, 2005. The construction project is presently scheduled to begin on October 3, 2005. BUDGET IMPACT: Payment for construction phase services offered by Black & Veatch will be from the 3/4 —cent sales tax bond election held on November 6, 2001 for the Wastewater System Improvements Project. Funding through the Arkansas Soil and Water Conservation Commission will not be used to fund this expense. The 0 0 y�lle City Council Meeting of July21, 2005 $4,680,637.00 requested for these services is 3.7% of the $125,000,000.00 budget allocated for the Wastewater System Improvements Project. • 0 RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH McGOODWIN, WILLIAMS AND YATES, INC. IN THE AMOUNT OF $4,680,637.00 TO PROVIDE CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS AND THE WETLAND MITIGATION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby approves Amendment No. 1 to the Professional Engineering Services Contract with McGoodwin, Williams and Yates, Inc. in the amount of $4,680,637.00 to provide construction phase services associated with the Westside Wastewater Treatment Plant, Broyles Road Improvements and the Wetland Mitigation Project. A copy of Amendment No. 1, marked Exhibit "A" is attached hereto and made a part hereof. A 12 PASSED and APPROVED this 21St day of June, 2005. APPROVED: By: 1"%Alli 0 0 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND McGOODWIN, WILLIAMS AND YATES, INC. WHEREAS, on July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY) entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project; and in particular the Westside Wastewater Treatment Plant, Broyles Road Improvements, Effluent Line, and Wetlands Mitigation Site on the wastewater treatment plant property (the "Project"). The scope of these services included the final design and bidding services, and WHEREAS, MWY 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 MWY's services to be amended to provide Construction Phase; Resident Services During Construction; O&M Manual Preparation, Startup, Training; and Post -Construction Phase Services for the Project; NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July 15, 2003, is hereby amended in the following particulars: SECTION 2 — BASIC SERVICES OF MWY 2.1 General 2.1.1.3 The Scope of Services to be furnished by MWY during the Construction Phase is hereby included in Appendix B-1. 2.1.1.4 The Scope of Services to be furnished by MWY during the Post -Construction Phase is hereby included in Appendix B-2. 2.1.1.5 The Scope of Services to be furnished by MWY during the Resident Services During Construction Phase is included in Appendix B-3. 2.2 Final Design Phase 2.2.1.5.1 and 2.2.1.5.3 At the request of the CITY OF FAYETTEVILLE, the Broyles Road Improvements Project, Wetland Mitigation Site Project, and the Westside Wastewater Treatment Plant Project have been incorporated into one construction contract (Contract WP -3). 2.2.1.5.2 The Westside Wastewater Treatment Plant Effluent Line has been deleted from the Project. Fy-317 Amendment 1 Page 1 SECTION 3 — ADDITIONAL SERVICES OF MWY Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF MWY: 3.1.8 Additional meetings with local, state, or Federal agencies to discuss project. 3. l .9 Review of drawings and other data submitted by Contractor(s) beyond one resubmission because of failure of Contractor to account for exceptions previously noted by MWY. 3.1.10 Appearances at public hearing meetings or before special boards. 3.1.1 1 Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this amendment. 3.1.12 Special consultants or independent professional associates requested by CITY OF FAYETTEVILLE. 3.1.22 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or others in connection with the work. 3. t.23 Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor(s) or others in connection with the work. 3.1.24 Additions to the resident project representative (RPR) staffing level and/or individual RPR(s) compensation, based on straight time salary rate, for services extending beyond 40 hours per week as a result of Contractor(s) scheduled extended workweek. 3.1.25 Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.26 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. 3.1.27 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.1.27.1 Inconsistent with approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's Program or Project Budget. 3.1.27.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. 3.1.28 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either CITY OF FAYETTEVILLE or Contractor under the Contract for Construction. 3.1.29 Preparation and submittal to the CITY OF FAYETTEVILLE and Arkansas Soil & Water Conservation Commission (ASWCC) a Corrective Action Plan to address operating deficiencies at the end of the one-year Project Performance Period, if necessary. 3.1.30 Preparation of or amendments to property and right-of-way documents, including surveys. SECTION 4 — CITY OF FAYETTEVILLE'S RESPONSIBILITIES Add the following tasks to SECTION 4 of Agreement: CITY OF FAYETTEVILLE will furnish and not at the expense of the MArY the following items. 4.13 All maps, drawings, reports, records, manuals, and other data that are available in the files of CITY OF FAYETTEVILLE and which may be useful in the work involved under this Amendment. SECTION 5 — PERIOD OF SERVICE 5.3 The services described in this Amendment are expected to be completed in accordance with the following schedules: Fy-317 Amendment 1 Page 3 i WESTSIDE WASTEWATER TREATMENT PLANT Construction Phase Services, Resident Project Representative Services O&M Manual Preparation and Startup and Training Project Performance Certification Services BROYLES ROAD IMPROVEMENTS Construction Phase Services, Resident Project Representative Services WETLANDS MITIGATION Construction Phase Services, Resident Project Representative Services O&M Manual Preparation and Startup and Training Project Performance Certification Services 1-1 Thirty-three (33) months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE. Complete within 180 days following Contractor's Substantial Completion. Complete three quarterly project performance reports; complete one final project performance report within 90 days of the one-year project performance period. Thirty-three (33) months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE. Thirty-three (33) months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE. Complete within 180 days following Contractor's Substantial Completion. Complete three quarterly project performance reports; complete one final project performance report within 90 days of the one-year project performance period. CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond October 3, 2005, and/or the construction period exceeds thirty-three (33) months. 5.4 The provisions of this Amendment have been agreed to in anticipation of the orderly progress of construction through completion of the services stated in this Amendment. 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 as defined in this Amendment. Fy-317 Amendment 1 Page 4 SECTION 6 — PAYMENTS TO MWY 6.1 Compensation For the scope of services set forth in the final design and bidding phase and as may have been amended, plus the Basic Services set forth in this Amendment No. 1, CITY OF FAYETTEVILLE agrees to pay MWY the amounts indicated for each phase of the work. The total payment for the work set out in this Amendment to MWY shall not exceed Four Million Six Hundred Eighty Thousand Six Hundred Thirty - Seven Dollars ($4,680,637) except as provided for in Section 3 of the Agreement. The total payment is based on compensation amounts presented below to the scopes of services set forth in this Amendment No. 1. Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following: For services performed under this Amendment No. 1, CITY OF FAYETTEVILLE shall pay the sum of the following estimated cost for engineering services, subject to the cost not -to -exceed set out herein: 6.1.3 Construction Phase Services, including Resident Project Representative (RPR) Services 6.1.3.1 The Scope of Services during the Construction Phase for the Westside Wastewater Treatment Plant, Broyles Road Improvement, and the Wetlands Mitigation Site described herein is estimated to be $4,209,200. 6.1.4 Post -Construction Phase Services, O&M Manual Preparation and Training, and Startup Services during Construction Phase 6.1.4. l The Scope of Services during the Post -Construction Phase for the Westside Wastewater Treatment Plant, Broyles Road Improvement, and the Wetlands Mitigation Site described herein is estimated to be $471,437 . 6.1.5 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. 6.1.6 Basis of Compensation 6.1.6.1 The CITY OF FAYETTEVILLE agrees that the MWY's not -to -exceed upper limit for this Amendment No. 1 is based on the durations indicated in Section 5.3 of this Amendment No. 1 and if the construction period or operation period is extended that MWY shall be entitled to additional compensation. 6. L6.2 Subject to prior City Council approval, adjustment of the compensation 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 amend the duration of work from the time period specified in the amended Agreement for completion of work and such modification warrants such adjustment. 6.1.6.3 Monthly statements for each payroll month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for these services consistent with Fy-317 Amendment 1 Page 5 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 accordance with a format to be developed by MWY and approved by CITY OF FAYETTEVILLE. Final payment for these services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of this phase for the Project. 6.1.6.4 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining payment to MWY for the costs incurred by MWY while providing the services described in this Amendment No. 1. Costs include but not limited to the salaries and benefits paid to employees engaged directly in providing the services and profit. The current hourly billing rates are included as Appendix C to this Amendment. Rates will be adjusted each January 1. 6.1.6.5 The following direct expenses are considered reimbursable and are included in the not -to -exceed amount. 6.1.6.5.1 For outside expenses incurred by MWY, such as authorized travel and subsistence, commercial services, courier deliveries, and incidental expenses, the cost to MWY plus 5 percent. 6.1.6.5.2 Subcontract costs. 6.1.6.6 The following direct expenses are also considered reimbursable and are not a part of the not -to - exceed amount. 6.1.6.6.1 Charges of special consultants requested by CITY OF FAYETTEVILLE. 6.1.6.6.2 Special insurance coverage required by CITY OF FAYETTEVILLE. 6.1.6.6.3 Local taxes or fees applicable to the engineering work or payments therefor. 6.1.6.6.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.6.7 It is understood and agreed that the not -to -exceed cost is based on the start of the services being authorized not later than October 3, 2005. If start of services is not authorized by dates given, it is understood and agreed that the not -to -exceed cost will be adjusted accordingly by an amendment to the Agreement. 6.1.6.8 It is understood and agreed that MWY shall keep records of costs and expenses on the basis of generally accepted accounting practice, and records shall be available for inspection at reasonable times. All other provisions of the original Agreement remain in full force and effect. Fy-317 Amendment 1 Page 6 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this day of ,20 CITY OF FAYETTEVILLE, ARKANSAS By: Mayor ATTEST: By: City Clerk McGOODWIN, WILLIAMS AND YATES, INC. By: Title: END OF AMENDMENT NO. l TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Fy-317 Amendment 1 Page 7 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B-1 SCOPE OF SERVICES FOR CONSTRUCTION PHASE WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT This is Appendix B-1, consisting of 3 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003. Initial: CITY OF FAYETTEVILLE MWY The following is the Scope of Services for the Construction Phase. B-1.1 General By performing these services, MWY shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, technique, sequences, or procedures of construction. MWY shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractors to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor(s) furnishing and performing the work. Specific services to be performed by MWY are as follows: B-1.2 Management B-1.2.1 MWY's management functions required to complete services to be provided under this Agreement shall include all project correspondence with the CITY OF FAYETTEVILLE, consultation and coordination with the CITY OF FAYETTEVILLE, supervision and coordination of the services provided by MWY including scheduling and assignment of personnel, invoicing, and continuous monitoring of the progress of the services. B-1.3 Office Support Services During Construction B-1.3.1 Receive the Contractor's insurance certificates and forward to CITY OF FAYETTEVILLE for review and acceptance by the CITY OF FAYETTEVILLE's legal counsel. B-1.3.2 Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial and updated construction schedule(s) if requested by CITY OF FAYETTEVILLE. MWY's review shall be for general conformity to the provisions of the Contract Documents, to determine if the Contractor's construction schedule and activity sequence include the completion dates, and construction sequencing for any special conditions. MWY's review shall not include an analysis of Contractor's approach, means and methods of construction for performing the work specified in the Contract Documents. Fy-317 Amendment 1 Appendix B-1 - 1 B-1.3.3 Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial schedule of values and schedule of estimated monthly payments. B-1.3.4 Review guarantees, bonds, and certificates of inspection, and tests and approvals which are to be assembled by the Contractor(s) in accordance with the construction Contract Documents, and transmit them to CITY OF FAYETTEVILLE. MWY's review is not a legal review to determine if the Contractor's guarantees and bonds comply with all applicable requirements of the Contract Documents. B-1.3.5 Review drawings and other data submitted by the Contractor as required by the construction Contract Documents. MWY's review shall be for general conformity to the construction Contract Documents and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident hereto. This task does not pertain to review and organization of manufacturer's O&M manuals, which is described in another task. B-1.3.6 Interpret construction Contract Documents when requested. Requests for interpretations, clarifications or information shall be in writing through the CITY OF FAYETTEVILLE. Responses to Contractor shall be through the CITY OF FAYETTEVILLE. B-1.3.7 Review Contractor's applications for payment and supporting data, determine the amounts owed to Contractor, and recommend to the CITY OF FAYETTEVILLE, in writing, approval of all payments to Contractor in accordance with the Contract Documents. MWY's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request. B-1.3.8 Prepare routine Change Orders as required and submit to CITY OF FAYETTEVILLE. Review CITY OF FAYETTEVILLE or Contractor documentation and prepare any additional documentation required to administer the processing of change order, including applications for extension of construction time. Provide opinion to the CITY OF FAYETTEVILLE of the performance by the parties thereto, and make recommendations to CITY OF FAYETTEVILLE on claims of CITY OF FAYETTEVILLE and Contractor(s) relating to the execution and progress of the Work and other matters and questions related thereto; but MWY shall not be liable for the results of any such interpretations, opinions, recommendations, or decisions rendered by MWY in good faith. If required, evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of CITY OF FAYETTEVILLE. Services related to unusually complex or unusually numerous claims are considered an Additional Service. 13-1.3.9 Provide monthly progress reports to CITY OF FAYETTEVILLE. B-1.3.10 Review and make recommendations regarding "or equal" submittals in accordance with Construction Contract General Conditions. B-1.3.11 Provide to the CITY OF FAYETTEVILLE, in a format acceptable to the CITY OF FAYETTEVILLE, such progress reports; pay applications; project summaries; and other data as may be required, for posting by others on a project web site to allow the public to monitor Fy-317 Amendment 1 Appendix B-1 - 2 and review the activities; materials; and financial status of the project. Update the data supplied to the CITY OF FAYETTEVILLE when requested. B-1.4 Field Support Services During Construction B-1.4.1 Attend a preconstruction conference to be conducted by the State of Arkansas Soil & Water Conservation Commission. B-1.4.2 Conduct a monthly progress meeting with Contractor and prepare and distribute minutes of the meeting. While on -site, observe progress of the work, and consult with CITY OF FAYETTEVILLE and the Contractor concerning problems and/or progress of the construction. B-1.4.3 Design team personnel with areas of responsibilities including project management, structural, process, mechanical, HVAC, electrical, control and instrumentation, geotechnical, and architectural will make periodic site visits. These site visits will be at intervals appropriate to the stages of construction to consult with and advise the Resident Project Representative, observe the progress and quality of the executed Work, and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. A written report summarizing discussions, site observations, and periodically established objectives shall be provided to CITY OF FAYETTEVILLE for distribution. B- 1.4.4 Investigate any unforeseen subsurface conditions or unforeseen underground facilities that may be encountered in accordance with Construction Contract General Conditions. Submit written conclusions to CITY OF FAYETTEVILLE. B - l.4.5 .4.5 Investigate claims of CITY OF FAYETTEVILLE and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction Contract Documents. Submit written conclusions to CITY OF FAYETTEVILLE. B-1.4.6 Analyze data from performance testing of equipment by the Contractor or supplier when the construction Contract Documents require the equipment to be tested after installation. Submit written conclusions to CITY OF FAYETTEVILLE. B-1.4.7 Conduct a Substantial Completion inspection of the construction work and prepare a punch -list of those items to be completed or corrected before final completion of the project. Submit written results of the inspection to CITY OF FAYETTEVILLE and the Contractor. B-1.4.8 Conduct a final inspection to determine if the construction is completed. MWY shall submit written results to CITY OF FAYETTEVILLE and provide written recommendations concerning final payment to CITY OF FAYETTEVILLE, including a list of items, if any, to be completed prior to making such payment. Fy-317 Amendment 1 Appendix B-1 - 3 fl 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B-2 SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE, OPERATIONS AND MAINTENANCE MANUAL PREPARATION WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT This is Appendix B-2, consisting of 2 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003. Initial: CITY OF FAYETTEVILLE MWY The following is the Scope of Services for the Post -Construction Phase. B -2.l General B-2.1. l MWY agrees to provide the following services after completion of the project. The project is identified as the Westside Wastewater Treatment Plant, Broyles Road Improvements, and Wetlands Mitigation Project, and defined in the construction documents prepared by MWY. B-2.1.2 Prepare, after completion of construction, a Record Set of construction drawings based on the construction records maintained and submitted by Contractor and Resident Project Representative. Record Set of construction drawings shall be provided in electronic CADD files. B-2.2 Consultation B-2.2. I MWY agrees to make available the services of design team members for consultation. B-2.3 Training and Project Performance Evaluation B-2.3.1 Provide 80 hours of on -site training of the CITY OF FAYETTEVILLE operation staff. B-2.3.2 Make change in staffing recommendations to CITY OF FAYETTEVILLE. B-2.3.3 Provide observations and recommendations to CITY OF FAYETTEVILLE operational staff regarding unit processes. B-2.3.4 Recommend changes to the CITY OF FAYETTEVILLE user charge ordinance, if required. B-2.3.5 Prepare a Preliminary Operation and Maintenance (O&M) Manual for the wastewater treatment facilities approximately two months prior to project completion and submit to CITY OF FAYETTEVILLE and Arkansas Soil & Water Conservation Commission (ASWCC). Fy-317 Amendment I Appendix B-2 - I 0 B-2.3.6 Prepare a Final O&M Manual after review and comment by ASWCC and submit to CITY OF FAYETTEVILLE. B-2.3.7 Prepare three quarterly project performance reports and one final report to determine if the performance provisions of the contract have been met. B-2.3.8 Prepare and submit to CITY OF FAYETTEVILLE and ASWCC a Corrective Action Plan to address operating deficiencies at the end of the one-year Project Performance Period, if necessary. If a Corrective Action Plan is necessary, it shall be covered under Additional Services. B-2.3.9 Manufacturers' Maintenance Manuals. The manufacturers' O&M manuals submitted shall be reviewed and forwarded to CITY OF FAYETTEVILLE. B-2.4 Training and Startup Support B-2.4.1 MWY will provide the following services during startup and training: B-2.4.2 Review and comment on startup procedures proposed by the Contractor. The purpose of this review is to confirm the availability of the required equipment for each process area, pre- testing of equipment, and verifying that chemicals, lubricants and expendables are available, work assignments are made, and startup procedures are coordinated with existing plant operations. B-2.5 Broyles Road Improvements B-2.5.1 Provide a two-year performance review and submit written conclusions to CITY OF FAYETTEVILLE. B-2.5.2 If a Corrective Action Plan is necessary, it shall be covered under Additional Services. Fy-317 Amendment 1 Appendix B-2 - 2 Cl CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B-3 SCOPE OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT This is Appendix B-3, consisting of 4 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003. Initial: CITY OF FAYETTEVILLE MWY The following is the Scope of Services for the Resident Project Representative Services During Construction Phase. B-3.1 General B-3. 1.1 MWY agrees to furnish a Resident Project Representative to observe the Contractor's work and perform the services listed below. The Resident Project Representative shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of MWY. This service will in no way relieve the Contractor of supervision and inspection of the work or the Contractor's obligation for compliance with the Contract Documents. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the Resident Project Representative and assistants are as follows: B-3.2 Site Observations B-3.2.1 Conduct on -site observations of the general progress of the work to assist MWY in determining if the work is proceeding in accordance with the construction Contract Documents. B-3.2.2 Assist in MWY's liaison with the Contractor and MWY in providing interpretation of the construction Contract Documents. B-3.2.3 Assist MWY in serving as CITY OF FAYETTEVILLE's liaison with the Contractor. B-3.2.4 As requested by MWY, assist in obtaining from CITY OF FAYETTEVILLE additional details or information when required at the job site for proper execution of the work. B-3.2.5 Report to MWY, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. Fy-317 Amendment 1 Appendix B-3 - 1 0 B-3.2.6 Advise MWY and the Contractor immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been reviewed by MWY or has been not been resubmitted for review if required. B-3.2.7 Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and assist in documenting actual site conditions. B-3.2.8 Assist MWY in coordinating scheduling of activities to minimize conflicts with CITY OF FAYETTEVILLE's activities. B-3.2.9 Visually inspect materials, equipment, and supplies delivered to the worksite. Advise MWY in rejection of materials, equipment, and supplies which do not conform to the construction Contract Documents. B-3.2.10 Coordinate onsite materials testing services during construction. B-3.2.11 Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to MWY, as appropriate. B-3.3 Outside Liaison and Public Information Services B-3.3.1 Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the names of the inspectors, and the results of the inspections, and report to MWY. B-3.4 Meetings, Reports, and Document Review and Maintenance B-3.4.1 Attend the preconstruction conference. B-3.4.2 Attend monthly progress meetings, and other meetings with CITY OF FAYETTEVILLE and the Contractor when requested by MWY. B-3.4.3 Maintain daily construction progress reports containing a summary of the Contractor's progress including general condition of the work, problems, and resolutions or proposed resolutions to problems. B-3.4.4 Assist MWY in reviewing the schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and assist MWY concerning their acceptability. B-3.4.5 Report to MWY regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment. B-3.4.6 Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them to MWY, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. B-3.4.7 Record date of receipt of shop drawing samples. Receive samples which are furnished at the site by the Contractor, and notify MWY of their availability for examination. Fy-317 Amendment 1 Appendix B-3 - 2 0 13-3.4.8 Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information from the record documents maintained by the Contractor. Upon completion of the work, forward the record documents to MWY. B-3.4.9 Review certificates of inspections, tests, and related approvals submitted by the Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the construction Contract Documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. B-3.4.10 Maintain the following documents at the jobsite. B-3.4.10.1 Correspondence files. B-3.4.10.2 Reports of jobsite conferences, meetings, and discussions among MWY and Contractor. B-3.4.10.3 Submittals of shop drawings and samples. B-3.4.10.4 Reproductions of original construction Contract Documents. B-3.4.10.5 Addenda. B-3.4.10.6 Change orders. B-3.4.10.7 Field orders. B-3.4.10.8 Work change directives. B-3.4.10.9 Requests for interpretation. B-3.4.10.10 Requests for Proposal and Associated Response. B-3.4. 10.11 Additional drawings issued subsequent to execution of the construction Contract Documents. B-3.4.10.12 Progress reports. B-3.4.10.13 Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. B-3.4.10.14 Maintain a diary or log book of significant events at the jobsite, including the following information. The diary or log book shall remain the property of MWY. Days the Contractor worked on the jobsite. Approximate number of Contractor and subcontractor personnel on jobsite. Construction equipment on the jobsite. Fy-317 Amendment 1 Appendix B-3 - 3 Observed delays and causes. Weather conditions. Data relative to claims for extras or deductions. Construction activities. Observations pertaining to the progress of the work. Materials received on jobsite. B-3.5 Assistance with Substantial Completion 13-3.5.1 Assist MWY in conducting Substantial Completion inspection in the company of CITY OF FAYETTEVILLE and the Contractor, and prepare a list of items to be completed or corrected. B-3.5.2. Observe that all items on the list have been completed or corrected, and submit to MWY. B-3.6 Assistance with Final Completion B-3.6.1 Assist MWY in conducting final inspection in the company of CITY OF FAYETTEVILLE and the Contractor, and prepare a final list of items to be completed or corrected. B-3.6.2 Verify that all items on the final list have been completed or corrected, and report to MWY. Fy-317 Amendment I Appendix B-3 - 4 0 APPENDIX C ATTACHMENT TO AGREEMENT FOR ENGINEERING SERVICES SCHEDULE OF CLASSIFICATIONS AND RATES FOR 2005 Classification Hourly Rate Engineer 6................................................................ $165.00 Engineer 5............................................................... 142.00 Engineer4............................................................... 130.00 Engineer3............................................................... 112.00 Engineer2............................................................... 81.50 Engineer1............................................................... 66.50 Architect 2.............................................................. $ 102.50 Architect 1............................................................... 95.00 Technician 6 ............................................................ $ 92.50 Technician 5 ............................................................ 79.00 Technician 4 ............................................................ 64.00 Technician 3 ............................................................ 53.00 Technician 2 ............................................................ 40.00 Technician 1 ............................................................ 30.00 Admin5.................................................................... $ 73.00 Admin4.................................................................... 59.00 Admin3.................................................................... 46.00 Admin2.................................................................... 35.00 Admin1.................................................................... 30.00 GPS Surveying Equipment (when utilized) .............. $ 55.00 Hourly rate schedules will be adjusted annually each January 1. McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas January 1, 2005 0 0 rD fD n O (D O 7 m O O r0 rD C: v) : rD D C c Q C o° n 3 c ti ad C° C)n = 4 n tD 0' y (fl -0 n b ai D m c7 w y `� °' ° Ci m fD O 7 O O 3 (� (f) ro an d "► gy N p' Q w Z C7 _ O p m O p• O a O m C 6 p O SD Al N n W rD m g �. (� m ?. Ul O it d w mc9 PU.o ? f n �, o . p n 3 s m W ) a •1 3 0 m - C .a m m H y H y Z O 3 a � T Z 3 O m m ran c C- D 0 y m ca a � m Off tmn D m � „ nasR � m • c O. co N a a C) A a a 0 0 O- a a a a a a a N a a a a a m Q) N N (J1 • 0-I' 49 CA O CA W 49O" A CA to y;_ -I.-7C' (1) O - _ O1 tD EA a 69 a Ui - Ui A 49 O fA a 49 0 CA 0 CA 0 69 0 69 0 69 0 FA 0 CA 0 CA a� 0 69 0 N -.l EA 0 C 0 EA 0 (A 0 49 0 (JI C]1 . _____ ��� vn to y, °im am co) vOnCOm-uc?�Mm-nm>wKOoOa Km•y N !n CD C5.mM G7 0 O m m C N+ (D LD m y S7o Si'o f�D 7 7 7 fD Z G M wiz m oa o m rn o U) 3 n @• m a ai d m o O y 0 S7 C• W 7 N O p ,'.. •'► W z iv O. 67 m flJ O fn y O = (�D O O w C3 3 CD O X m Q. `- 0 :5 o m m 0 m () 0 • N CCDC) n * m 0 M z _.c 5 x m W n x O fall + V+ O• m 3 z a3i n z 3 O m cm + z C) C) �.i -' m m m � m z, m m m CD m UO, 0 a 1n � 2 y 0 0 0 0 0 a 0 a 0 a 0 0 0 0 0 0 0 0 0 a a a 0 a cD o a a 0 0- � N N N y' 69 -1; 69 69 69 69 69 69 69 69 fA 69 69 69 fA Vi 0 Co 0 0 0 0 o a o 0 a a o a 69 o 6A 0 6A 0 EA 0 69 0 a 0 69 a fA 0 69 0 69 0-4 A 69 0 69 a fA o a 0 fA 0 F i. _:.• W,1 vvavovvv a W n OD 11 QJ CO m 0 O C G) t/1 = tn, ui v_i v_i r_n vi w m: W < 3N .Q 00 D IT 0 0 c Q T m Ti m N 7 0 3 41 C m O n�i N w C to o tD O (D -0 N _ m to (D @ C t➢ y a fD O to 0 to C a o z cu m X m tNi, f9 fn m 3 c° 0 C N vii .j E3 Q0 w N tai 7 a N 3 H fn a 3 m 3 y a N v m a a•:: , [� Cp C ;h N C to 3 m f�D a• gi a : " 2 m�• 0 -. a vi -log cDm • + 3 L/) 0_I m 0 z c M 2 1- O L m c=.a H m 0 -4 0 c µ m .' m,. 3 zap �u2 =rry , m a CD 0 c 0. N VI (A N N fA iJ! to fR 0 fA 69 A 69 fA fA fA 0% fA 69 (A 60 6A fA fA EA fA EA fA fA fA ER (A CO fA fA fA •.' rY'.: O O I 0 0 0 0 0 0 O O O O O 0 0 0 0 O 0 0 0 0 0 0 O 0 0 0 aq@7 -p>I=7 OOQDO @ s o n Z c a D U,J@ I i& < ■ EaKm jq O E< m. M m m - . o S m° Cl R cD cD m CD o c o m E m ° E o■ o ® © ® - i B § . m 2 E ] ° K § a ■ m -§ E E 3- @§& - / ■ _ > ® « ' % g 2 , E « ■ & co o B (A k > a 0 aCl - / ( m J oaf a # m ® 0 z ri kcn, . § -o + Cl �7n § CA m g ■ m a g & co OD& f ro) 3 - • 2 m § 2 � k o a r m�} � O O O O O k O O O O a C O O O 6 O O O O O O O O O O w to TO - k S n• ' e - CA»; W Q12 e _ _ _ k e _ _ _ k _ (A_ k _ CA _ (ftCR CR (A _ _ R. k a 0 0 0 0 w 0 0 0 0 t w O O O w O O O O O O O O O O w w w • m mTg o b o m m m 5 co m m a ca m m a co m m a w m a a� m y 9 y m v o y 0 v 0 co p n� 3 yr O .D )CD m ad m tp mcD O e C 3, a m 0 m m W o a $ m m - m m < D a m a Cl) a CD a CD fC1 ,. CDCfl a �.O o 0 0 U A W N - O Qe T 3 3 Z m tl 2 o m cm • +2z O ' 1 ^ z 3 -I m m a a N N N•N 0 I?. 3Z n 3: X fpq 0 0 0 0 0 0 0 rn 0 0 0 0 rn 0 0 0 o 0)) 0 0 0 d 00) 0 0 0 0 (71 CD o o N 69 69 0-1 [m il W W 0000000 - 0000 -00 00 - 0000 -+ 0000 A p p' C 0 vva � � n� any a a n HI m c� n nn Q a '~ '." C L @ 7 LAZ m rn m m(D n w N cn m m v o o o 3 m i_hI @ m H @ h m .. 3 m y @ ro w m m c O ap nIDme n —a �o s 3 y 7 O � nom a O m ro 7 0 o z y 0 7 T y 4 to @ D N 7 0T @ m J 47 y O 7 7 7 @ m ca • • o N z 3 CD @ u 'c m . Lr 1 O L Al T -v m mg 3 -1 m m • C. a o C. 9s is v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0�` F.Y A !y G • UI O -wi' J� EA 0 EA 0 69 0 ER 0 EA 0 69 0 lA 0 EA 0 Vi 0 EA 0 E!i 0 Eli 0 FA 0 di 0 fA 0 69 0 EA 0 fA 0 EA 0 ft 0 69 0 69 0 fA 0 EA 0 494949494949 0 0 0 0 0 0 • • \ __ gi : # > $ m z / \ m ~ \ K o E § E E C 3 z ■ m 2 ,§ Z . c,cb. ° _ > ... . Lo l k -4o . . + @. \ a°z lb ' : ' o m . • cm + 2 K . . . -1-v - 3 ■ O. . .. .. . • • aim § m . . • to k mm - 0 (� @ >\ 0 $ $ J <O • \ m > a o • 00 0@ m ci' 2- C) C) a o . . . k - ER ER ER ER q . $. cic.n Mks nom@@ N �o� . R --- I e f o 7 / » 01 h b 17 W 'lC) C) h m D� L7 C)�° c7D�Dy G7�fntn ��a w t I) W m C) • O n o N o m •• C) m G m Z cfl O c n cn m p' ≤ O . o •h m m H n m u m b o C N D to g. � 3 N a-cxm 0f i A r.3m m m m Do -+ moo' s Oro mgt 3 m o > �2m3w b Z m_ n N r�n5 n N pm m W "I oo, -• rn m W CD Q m m o m m m N � O O m 3 -W1 a d�n ami -n O W W W tl N W W C11 g.g) 0 m . fA s R C1 � n 1�/J a NZ a Oo N O Q N O A W O O O O W <h O O O O O O O <D <o 0 0 0 O O W O N cn as v+ ER w� m. fA f_A 4 O m pOppp W VAA EA GH EA 69 A W 69 69 69 ER EA EA ERUOi V EREA EA EA EA 69 N Gy .1i7G„ A A O O O O N O 0 0 0 0 0 0 0 0 0 0 0 0 <0 <P . . __ m 9g9 C g Ek l & 2 fE D z � 0 n < 0 In t} c ! 21'1 m > = o D Q E E 0 E 0 f 0 � @ m c � . D @_ o ■ � 2 s � � R � ■ a c o ■ < E E � � � 7 E a ® � R 7 e � � : « E f § ® § @ � w m 0 7°—_ E m S g Q o 9: •, . c 2© n ■ A$ k« E g& i E— G o ,«cDE ■ F Q � g z o a 0 E a o 2.g 2 * ° 2 � m � 2 0 m �@UI o o � �R a � r g � � � � ® � \ k � / � 2 § X22 2 7 S + � n 20 C,_1 k�t 2� m -I -u \ o § � � m ] $ ) � 2 == iii 1111:11 A � . f 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 0 0 a 0 0 o a o 0 0 . k .I $ # @ « « # @ r @ « k # r o o A # # # # # @ a a § B t @ § # # m w C vv❑v❑❑ Ol p m c m� O cp cp O 7, fD 7, � c pl � 0' O' Q O O• Q O Q �Y �, N Q A� 0 r� C1 .+ � W .+ O p• � C 7 7 7 7 7 7 7 7 n D y 7 m Z cnm!v?g��7 s Nom° a m � � � � � C C (n N 7 � � 7• � p p m m fD � W ."� -`e 3�tn fA O o� (A n m �- . m m c m y o m o c `" c• � a d z 2- CD W m X -c200 m N G1 C 7 � C e 7 ur e m N 47 Siv O1 F .T m � � m a c � v; m ❑ R m z 0 m •• o,.o m 3 rn A Ol 7 4. yl4 00 m m 07 mi m -F A ID ,4 W 3 0 v •y o a a a a a a a a a a a a a a 0 o a o a a a a a o a o a a a N O Ut a a o a o C. 0 a 0 0 Cl Co a a 0 0 0 C. 0 0 0 o a o 0 0 C. 0 C. 0 w0@7»mm9 g G kuci& 99090 k ≤ » Z kkm g e z E E � E g 2 E ■ G G # G G % m B § § § \ $ D 2 & § � � ' ° � liii llIt % E g$ m o 2 K E § � � \ K• § f g m 5 i> n m \ ■ © a e E 2■ n o o°- °@°� o � G �� � � � frq a / i � ° R \ Q a � e k \ g ~ K g m E B L. + n 22g k�a « im ) k _ a Q ] & \ � $ � § � � ___ m O F) oo 0 0 0 o 0 0 0\ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . k S 2 _ - 0)\ m# 0 0 2 0 0 0@ k r n 0# q## q# 0» 0# r/ q«~ a. O r 'a C m C rn a c m C W m b0) m z O p r p' p' Ro O •7 Z o m m m m m m a m ma a m m m a 5 w m b CD D9 ° _ D 2 o_ DD.. O o n o Dom. ? O m m m v n'ni ro m m d( m d z 3 n��i 7 n d o 7 f11 C) M m0 (D 7 O CD O (D O 0 p •+ CD' - obi m m <D m ro=i n` off - m 70 m m s CD 9m m g x E o z ro CO w 3 O 5 O :m m n � 7 O C 7 m i � n � m � n T V p3 C7' UI CJ1 tJf O y a 0 0 0 0 0 0 0 -4 0 0 0 0 -) 0 0 0 0 I 0 0 0 0 r) O O O O A O 0,; Gi) O: y: • fA fA 69 FA EA (A (A vi fA 69 69 FA 69 A (A (A 69 EA 4A (fl 69 69 fA @A FA EA co a' -i.. :' •=' . a a o O o a 0 i o 0 0 0 0 0 0 0.. O 0 0 0. o 69 o fA a 6A o� EA o (A 0 0 C.., b b G? cn vvQ c & >> 'gym ro D� n b. a a ,�,. Z m' y m a n n C m ro a�a�•��� ro m -+ w ry Uy m v am m m ;' • x; v w N '� o U3 NI L)ID cG bib cD (D OR o CM O _ ro ro O,_ ro ro b 6 3 ai m o O m m CD = m a m m o ; = 4 O) o.H O O = g `° y Z mo a O CD iii n y 3 3 CD rN OT m y + = C'1 W O " N c 3 3 s2m m o' O N m n CD 3 CD _ 0 O 0. v z z y -I O O O O O O O 0 0 a 0 o O O O O O O 0 0 0 0 0 O O O O o a a N N O O U.) 0 D '. V3 9 0000000000000000.00000000000000 69 6!+ sA EA EA 4A to (A 69 EA ER to EA EA fA to PA EA 6A (A (A CO (A (A iA (A 69 EA EA . * __S. C-) 2 m m .�'—sm m •oun� a 00 000U ' ) m 69 T�C11 C,) oOONm°�'n p w .. aim m a ar ~� ti m Z o 0z rn 0 m m ti m C m m x rn 2 � 0 s � N -- '2m m i C <0 O 00 C s9 mr11 i-ma o o 0 u I N N Q C.) w 0 0 0 0 , w O w 0 -13�> CD/? (n O =C ><c 'k�@@70,CL % O r.EEEaRk�n w o Cflm @ r= R n-& ■ o -± w 0 -= o 0 7 m = % ] CD k \2§a �innm$�q�� - 0 ' E CD (D§og S \ 0 CC CD O 0 rn ] m E o' g ] m m m rn § 0 / / / = ± CD CD 2 E% 2 E m < 0 I O ) § / o g 3 K @ o 3 m / = G) m m 0 CD CD > z O 0 Z0 CD Cfl Cfl m m - 0 z @ m 0 z m 3 c CDq_ 0 2 O 0 o \C -.m O C)0) $ k § �� # #_%. 2 -© 44 - ©© §. Co ��@2 -N) 4-No_@o_ I(fl \m CO 0)- 2 q$ 0 G 0 CA\ k O C.) f 0) I w-4 w C 0 4644_ 0 0 # t__� e 01 +&-# #& k- § _��r. ywNC04F9mr k 8 CO I 0 g 0)t 0$ 5 5 S_ - O1OO � O w C) N) w O N) w a w w w O) O O1OO • .__ Plcjs py 316 C5 McGOODWIN, WILUAMS aYATES. ENGINEERING JOB COST ESTIMATE ESTIMATES of PROBABLE COST Fayetteville Wetland Mitigation Site Construction Phase Servlue Pnrida 4rMerld MAtsriolt Sze Cod:s/5% Cod S 282.500 DRAFT 51181 2005 Based Upon 75 Month Construction Tlma • 0506 Manual • Monitoring Plan TOTAL ANTICIPATED COST i 362.500 '5 IBYfB'11kl1rhi ..I f5*8I13U 1 0I; it.I.lO1 EOP. 631081 STECOf iTECH5 11 d TMIC llKI T13K 61 TA3K' :tier=s :f:, _"':i Wir-,i:+ ?-`EH°REiENGRS TEGi rosJ72 'Dnr At11.1Y1� ADNx-' ADNnr -u 1216 CO3TJ .`_ I I WETLAND MITIGATION SITE I I I _ Fy 317 - ConstrUCtlo[1 Phase a � af7 g � 111 Huu1i[E m � fl!I � Li � IflvIIfl � a a 1t" y • � � fi A n � g a > S..p 3 A a a W m+ p O II�� a HAI IpJ� fpf ttpp pp�� qq N d p A A A W W r N a a$ W O N d a W C N N A A Z .3sA C) d N m J R Q x'3 y 7 m - � y A m s 3L � 7 m S m pn d N 6 N • 7 r. sn m n N W V a r anovaoo • � m � e•���. 3 DoT � � � m 3 3�+ � fin' �¢i• x d L Cami . i- - y �. ({}{ v+T 1n Q ][ m U S a �• �°, j N N P a A A A fn N N N W N m N i 4r m NN O P N iNJI a A N N P N A A A A A .+ OD P N N N N N A' A A► A t A A W A $ m m m N P P A A A A A $' G+ A N A N W z Wa n O Cmf U m a N 0P P P a a A m Z m + -m b N m ego ° m a A m ° w 'O 01 O m •r '3i • N N N m fQJ QN N Q � ]��5 � N$d � f.� 7�m3' r � � f~�f �.1 � � QW mN V }�+ji LP' 41 00 � � �'1 N O V � � •IUD �Q � N o♦ � V f$�J � �J yN�i � N N "' a N �V 1 N � N VI �A ys� N }�j�� N N � � � N i.� �sD N b } W V Co P i3 P+ O� O O i �o �S P .+w �P O W • 1�. N [O N V y �� o VII m� °a rui 11111 m; m7 m earYJ. � A� C)• s3. mom- 4( o c , �i �� 3R c R g m L 3 W m W m 3 � N • _ yy m � mc O yy AA yy�� pp 00 W �C .mow N m N C O 0 9 Oi O N W N N W a♦ W N N w N N N O r m d N {ii G' V7 m ' m ro N �ma ro S � oy❑'��� b N y' b b W OI 0 01 W P O T W� O O N b N r� b R W O P O p pe P O O 01 O O� O O P O G� N Ip N 41 ern0 W. V V V MNSA m • n MNw �yy pMMp�� NNyhyh �.ppJ N �w � N N + A W G N yy1� V O � W Ny� 00 o yy11 iJ P V NN NN O p NN y W. W pal y� W P y� Ap O A QN� r 61 Cf � y� Ot O y1 aN iJ � •pp� �1 aW tNp yW WA }�'�p yp� ��pp I� O W V j�'�S 41 V (L1p1 9 W N LV'I W O W N IJ Gf ID N W W Q IO b (G fD N N V vHI UuI! ro �'= HIll o � � m E 9 t'm ° n� IIfi mm �O g O U. .1 a m m 1 1 1' a � m � N m 5. fl � m rn W N m N N A O+ N m r N A A A A A m W N a d i m N A A W m � m W P Gi OI AO • p a • _ m 0 • + 2 H o a7p. A N C,o, C m v NN Np q� • l t N O W CD Q O O A W 6 O A O O W S�J a O 0 A O O A d a C p O O O N O m Di A �j p m 7Y r C) 0 N N }}(ssT�� N NNW? N qq .1 y�. pNrf N Vl V m m mm mm n qq _ �z 0x0'22 z z a m N C. A Lt N W A fh Ql N— N W A ., C IC y (�qr W yq m pNs bps fh fJ� OAi [�D W O W .A .SVD Ali [A N 0� N O N CO7� N �SSoo888So$$oY�$5a.gr`i �" 00AQlNar �N616]00� Oi Q� O W OIN 0 City of Fayetteville Staff Rev w Fojp City Council Agenda Items or Contracts 21 -Jun -05 City Council Meeting Date Bob Davis Water & Wastewater Director Submitted By Division Department Action Required: Approval of a contract amendment for McGoodwin Williams and Yates to provide Construction Phase Services dealing with the construction and post -construction activities associated with the Westside Wastewater Treatment Plant, Broyles Road Improvements, and the Wetland Mitigation Project 4,680,637 Cost of this request 4480.9480.5315.00 Account Number 2133.0304 Project Number Budgeted Item Ix 113,011,587.00 Category/Project Budget $18,258,178.29 Funds Used to Date $ 94,753,408.71 Remaining Balance Budget Adjustment Attached Wastewater System Improvements Project/Westside Plant Program Category / Project Name Wastewater System Improvements Program / Project Category Name Wastewater System Improvements Project Fund Fund Name Previous Ordinance or Resolution # �c23 — epartment Director Date Original Contract Date: OL7h '// City Attorney Finance and Internal Service Director Date Mayor Original Contract Number: Received in City Clerk's Office Received in Mayor's Office zch_____ Date • • 0 Prgecl: Ty 316 Cs MCGOODWIN, WILLIAMS & YATES - ENGINEERING JOB COST ESTIMATE ESTIMATES of PROBABLE COST Fayetteville Weiland Mitigation Site Construction Phase Services Pmaable weeandMaigeaon Sao Cost: of 5% Coot $ 262,500 DRAFT 511512005 Based Upon 18 Month Construction Time + O&M Manual Monitoring Plan TOTAL ANTICIPATED COST $ 262,500 MAN-HOURS TASK TASK TASK ENGR ol ENGR 51 ENGR 4 ENGR 3 TECH 6 TECH 5 TECH 41 TECH 3 TECH' 50019 5 AOMIN 4 ADMIN 3 ADM]N2 CPS MAN•HRS COST WETLAND MITIGATION SITE Fy 317 - Construction Phase Services Prepare Contract 1 1 2 4 4 $440 $440 Contract Review, Changes and Approval 1 1 2 o SO Coordination With Owner so Monthly Meetings with Owner 0 $D Administration 0 So Preparation of Monthly P Tess Reports 18 18 $2.097 Prepare Monthly En ineerin Pay Estimates 18 8 26 $2.704 Submittals Prep and Reports 0 E0 Return Submittals to Owner 2 4 8 14 $1,119 S809 Submit O&M Man., Mon. Plan, & Quart. Rpts. to Owner / ASW 2 4 6 General Project Administration 8 8 10 $2,305 0 0 6 $o SO $618 ASWCC Coordination- Wetland Mitipolion ASWCC Contract Review 4 2 Review and Prepare Monthly Pay Estimates 8 12 12 32 12 $3,39D $1,154 Attend ASWCC Monthly On -Situ Inspections 6 6 Coordination with ASWCC a I 6 16 0 $1,539 $0 General Pro ecf Management 8 R uirements 0 $D Consultations with Subcontractors 0 $0 General Project Management 72 72 $6,387 0 $D Preoon. Coe./ Notice to Proceed/ Construction Staking 0 E0 Preparation for Preconstruction Conference 1 2 4 7 $097 Attend Preconstnlctinn Conference 0 $0 Issue Notice to Proceed B Owner 0 $0 Set Site Survey Points 0 SO 0 $0 Submittal Review - Wetland Site 0 48 $0 $5,416 Division I - General Construction 20 20 9 Division 2. Silo Construction 16 4 20 $2.055 Division 3 -Concrete 4 1 5 $514 Reinfordng Steel Drawings 0 $0 $514 Flew Control Structures 4 1 5 Miscellaneous Equipment 4 1 5 $514 0 $0 On -Site Resident Protect Reprossnfattvo Services 0 $0 RPR Engineering Services $ 96 104 96 $12.264 $7,887 RPR Constroclion Observation Services 96 Additional Environmental Services __ 2 0 $0 $2.872 Preparation of Plans of Record _ _ _ 8 4 8 _ 8 2 32 0 0 so $o Startupand Trolinhng Services Consultations With Owner 4 8 4 16 $1,664 Training. On Site 2 2 0 $233 $0 Preparation of 0 & M Manual and Monitoring Plan 0 38 $0 $3,546 Write 0014 Manual and Deliver to Owner 4 12 2 8 12 o $o Preparation Project Performance Report 1 0 $0 Site Visit and Data Gathering 8 4 12 $1,26D Report Preparation 2 16 2 8 28 0 $2,875 $0 Preparation Project Performance Report2 0 $0 Site Visit and Data Gathering 4 4 8 $795 Report Preparation 2 16 2 6 28 $2,875 0 s0 SO Preparation Project Performance Report 3 0 Site Visit and Data Gathering 4 a e $795 Report Preparation 2 16 2 8 28 $2.875 0 $0 Preparation Project Performance Report 4 0 $0 Site Visit and Data Gatherin 8 a 12 $t.260 Report Preparation 4 24 6 8 44 $4.476 0 $0 0 $0 o so TOTALMANHOURS 12 0 59 428 4 128 30 0 0 84 0 29 0 0 772 SUBTOTAL WWTP - Travel / Copying - TOTAL - $80,388 $80,388 0 • . O1 C� n N N M r: a a a po f+l a a O { Op N Gyp � pO, O O a H C I� N � !� A a a p .m p tV p p 1A a A M n� N a NQ p a !M H N p a f� a Q, a 1�1 Of Q Q vi eti a H H 111111AA9AA9 H H H H H 11AA 1IAA N H H IRM ' 1� H� M y 0 W tl!M J M C C 3 r m O t7 -t7. w m s o. m x E • r a - Q. wda k` Co k uriaa w m FU� -- 0,0 reiiaa!! v 2 + m N R U � O 2 n � w a O E d rN _E v� F o w � w. r } N w gagy a m a N $ Q - Q v`i'i a m m co Q Q v cnCU a tD m M CON Q Q Q • Co n V N E0 E0 Q Q Q J y O z d G 2c1, g� N Q O D � 2 ��pp a r�pp a fOD V O M Vp N M << OQ O N W Q Q VV O 3 1- z J a H r• ar L p, C E n. y 0 C Z C p p c v d c O C p m a 2 O iJ c fn n m c H c N T V d m N V O m O N N ?� W V c m a`•$ 33w 2?�m c=p E a ott m m�a cN eN mL c m � m u $a y u c �•5 m aio d —y LL a1 c O •��o o `uU m � nom. a A F, a � � �'� �J:i:i:i1' oa Zan. mcg ,� m� aNi d U'!IU �o S d 2c c4�� O UHI �'C a3 —L° 0.� �a� ��c .fl:in ova�N �'a¢ din w �cgc7 3 U.. c4 . n N N • ui ci �D a v e v a m id a v oy Q (N� o iv n n c{ a 7i n ri O N N 1� f0 N M Y �'. IA fA w W yy�� w NN w w N fV IA w N N w w N N N N f� w V! h pp w w (N(Vy� Oi I� w C N ttOp W c� NN M M �f N M W tD �n M N ni A c�pp t�hy h tV lV N(y m+ Vi ≤n w W W W N Ml M N M M N 'Co Co U W w w J w c m C Co 0—C dz z• HM 1. g4Q,! 0 a CC EC N N ` dt N d a S w A c d f° m 0 m m N A a 20 w a o w �^- Z + + ia1 2 E E H W` C ~ .: z CO QCO CO CO CO CO f7 NCO CO N Cl) O r• (w d > (1) N V c� m N Q N e _ p p _ Q Q Q e m m N O N m Co Q .. CO COCO CO CO CO CO CO CO CO CO 3 ; J V C C7: N N N N N m m e e Q Q Q N m N Q N N N m m N m m O I m Q Q Q Q m N N Z(�.. m e m m e m e e m m m m N N m Gd O ry 4• O 9 d N G O m O V C Ol m p U N N m C a n w a CO0C 'a -E yna.•.d--. c a�� d E 'L' a�i.E Ln m m E c E d m x x � Vj c0 tG J C N C � � > F- O LL f1� •N H N � Q O a CJ C:� 'U m h N N N y N N N f/J lL i m 07 m m lL 4J U a 0 0 • • • O C) W N W J M CC Q O y N N r ' O� t7 N O� N O� M h N 0 0 0 O N 0 0 0 $ O O 0 O O 0 O O m n O' ro N m O tG 3 3 r- Tr ppz' a m a yX4: Pte' �w; m a U C )pg �O' W � r N N $ viaa woo v 00- 2 + O o x O o W - C W E z E N w Vii= o • O ul p NV m t0 Q V ' °°• m m a N n O d 000 m W m N p � m y E N o is 0 0 N S� O d LI LI yN C� y - q ≥ CC v R N �9 mmw E ` c`o do a rn= c� g' d ma p �'5 G p 'tL C p c f0 N LL N f C OO Q N E 'C C� O C ._ W E L� NryV �L Cp N�0 u SS .Q N W aG .C 5 N t0 F E L� C N a O N CO Q( O a N Q� (/J ,� 9 d o5 aE o C N° � m o e m w O d mm N C m y C o°oo° H O C≤ I0 a � `gc m t`p arc y am$ p d a o��¢a yco - a O I` N N 0,C a QQ N � p S H V tD O to Ova_v aa0o_ r tND tai Y w co Cl) k N CO U W444'44 m C H cQ d W y. CI y a 0 w Q r W II gg to a- H 58 µ, S 9 N v � }_� a 0 '00 1- tn' u f � <w!. V, CO W `m O y N N O u Z � � O+ ° 0 Z u Zy: E to = E W `H ~ o �. n n •- W -. CC 06 y G m w '0_i0 J r W 0 o d� op W OD W N G 2 N d d •C u 2 N y N' O a t m N �Oa CC) 9 O K! >. L r w N 41 4 10 G d; Z co a a Pot O 0 W t0 f° N C h O N tt) t° to -th V N E o - r. U)ro m t� to' co N co ui • tri tc r` N n th CO t0 OOar CO t° h n CDc"1tn en .4 .4 .4.4.4.4.4.4.4.4.4.4.4 0 oo 0 0 0 0 000000000000 o W 00 O O N Z t(?Otn 0 0 0 0 0 0 000 N _O to N O tD 0 N m CO N 0 CO co to OOm n c0haM0 to Vi to t9 FA to f9 t9 t9 f9 t9 to t9 to Hi t9 to w W I— D. v M N N r 0[< M N N Q P9 N p 2 K 2 2 2 0 2= 2 2 2 2 2 2 ZZ_ Z_(n W C7 C7 U' C9 UUOOOOQ- 2 CO ¢¢¢¢ • • • • F} w N N N f� t0 17 Y, :y N Vi. w N �O w Yi w w w C tV H fV w tV w Yi w w u5 tG er-- �y p p a U Gi O U w w w w 0] C a O cp N O m O pp N N O O O O m O O Q 0 0 O O O N �p O y O O tD O O m Q O m 0 0 th O p� r Q p 4 f � Q �=1 . 1pQQQ]pQQQ O C. O EA N, E Q b m ry A W c o N N N 2 � g waQ w �i z d + z E m m m tD m m m Q O mcn0 N N N •N- cn °C ^ a 9 C m m N N Q < N 3 y � ado w m N c r a oz9 m' m N N N ���rrr f LL m a o m ° r ° n m w tt M c ` � cI m �io m i H � In d rnn t d mt �r Ii $�A 'c � E � m � c a s o E ,ai � m c E a� '�' c a� d r d o T y= = N p C9 'm t G` L T Q % V � N� W C ° E9 a a E Q C9 H '-°. j� d Vl Gr N_� N a �QQ d Q W S .E m °tn E•S 'S�UUU� -CL E O O4 i N David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts NIA- Mayor's Approval City Council Meeting Date Wastewater System Impry Project Division Action Kequirea: Water/Wastewater Department Approval of Amendment Number 2 to the Engineering contract with McGoodwin, Williams, and Yates, Inc., reducing the amount of the engineering contract by $56,395.00, for Design and Construction Phase Services of the West Side Wastewater Treatment Plant, Broyles Road, and the Mitigation Wetlands of the Wastewater System Improvement Project, Subprojects WP -1 through WP -3 $ Cost of this request 4480.9480.5314.00 Account Number 02133-0001 Project Number Budgeted Item 0 $ 99,013,095 Category 1 Project Budget $ 70, 580, 608 Funds Used to Date $ 28,432,487 Remaining Balance Budget Adjustment Attached II Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name Previous Ordinance or Resolution # 111 Depa m nt Di ector Date Original Contract Date: 7!15103;6121/05 Original Contract Number: 915 .6' 1S Q7 City Attorney Date Mayor's Approval CONTRACT REVIEW MEMO To: Mayor Dan Coody From: David Jurgens, Water & Wastewater Director Fayetteville Sewer Committee Date: 14 June 2007 Subject: Approval of Amendment Number 2 to the Engineering contract with McGoodwin, Williams, and Yates, Inc., reducing the contract amount by $56,395.00, for Design and Construction Phase Services of the West Side Wastewater Treatment Plant, Broyles Road, and the Mitigation Wetlands of the Wastewater System Improvement Project, Subprojects WP -1 through WP -3 RECOMMENDATION Staff recommends approval of Amendment Number 2 to the Engineering contract with McGoodwin, Williams, and Yates, Inc., reducing the contract amount by $56,395.00, for Design and Construction Phase Services of the West Side Wastewater Treatment Plant, Broyles Road, and the Mitigation Wetlands of the Wastewater System Improvement Project, Subprojects WP -1 through WP -3. BACKGROUND This project involves design, construction phase services, and post -construction evaluation services for the new West Side Wastewater Treatment Plant, Broyles Road, the Broyles Road water line, and the wetlands mitigation site. The original design contract was awarded in July, 2003; the construction and post construction phase services amendment (Amendment 1) was approved in June, 2006. DISCUSSION This amendment is required in order to reflect reductions and changes in the scope of work as a result of the City's modified contract management process for the West Side WWTP, Broyles Road, the Broyles Road water line, and the wetlands mitigation site projects. The amendment was not executed earlier as the City's project management process, being newly developed for this project, was not fully defined and the scope of work changes could not be fully identified. Work on all of the West Side Wastewater is proceeding very well, with all aspects of this project moving toward a successful substantial completion of May, 2008. Staff expects that there will be future savings in the Engineering aspects of this project as it nears completion. The incredible progress we are seeing is a direct result of the excellent teamwork demonstrated by all of the individuals and agencies involved in this complex project. This contract is billed on the actual work performed; sufficient funds remain in the contract to allow for unexpected circumstances that may arise through the remainder of the construction, during plant startup, and in the period following startup. BUDGET IMPACT No change. Funds shall be retained in the WSIP contingency. AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND McGOODWIN, WILLIAMS AND YATES, INC. WHEREAS, on July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY) entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project; and in particular the Westside Wastewater Treatment Plant, Broyles Road Improvements, Effluent Line, and Wetlands Mitigation Site on the wastewater treatment plant property (the "Project"). The scope of these services included the final design and bidding services; and WHEREAS, MWY has proceeded with these services in accordance with the scope set forth in the Agreement; and WHEREAS, the contract provided for three separate construction contract sections consisting of the Westside Wastewater Treatment Plant, Broyles Road Improvements, and Wetlands Mitigation Site; and WHEREAS, prior to bidding, the CITY OF FAYETTEVILLE requested that MWY combine the three contract sections into one contract section; and WHEREAS, this work was accomplished by MWY at no additional charge to the CITY OF FAYETTEVILLE; and WHEREAS, on the 215day of June, 2005, the CITY OF FAYETTEVILLE and MWY entered into Amendment No. I providing for Construction and Post -Construction Services for the Project; and WHEREAS, the CITY OF FAYETTEVILLE prequalified construction contractors determined to be capable of completing the Project; and WHEREAS, on July 21, 2005, bids were received for the combined Project; and WHEREAS, the bids received exceeded the monies appropriated for the Project, and thus were rejected by the CITY OF FAYETTEVILLE; and WHEREAS, Final Design and Bidding Services for the Project have been completed; and WHEREAS, MWY was instructed by the CITY OF FAYETTEVILLE to reformat the Project including bidding documents for rebidding. The reformatting provides for the bidding of the Westside Wastewater Treatment Plant and the earthwork required for the Wetlands Mitigation Site. The construction of Broyles Road Improvements and the planting for the Wetlands Mitigation Site would be bid separately at a later date; and WHEREAS, under the authority of Act No. 1989 passed by the Arkansas Legislature in 2005 (Ark. Code Ann. § 14-58-1001) the CITY OF FAYETTEVILLE determined to negotiate a contract for the construction of the Westside Wastewater Treatment Plant and the earthwork for Wetlands Mitigation Site; and WHEREAS, MWY provided assistance in this negotiation process and a construction contractor was selected and placed under contract; and Fy-317 Amendment 2 Page 1 I*�g -ro- - 1; WHEREAS, the CITY OF FAYETTEVILLE has eliminated the involvement of a Program Manager and decided not to utilize RLF funds for the project, thereby eliminating oversight by the Arkansas Natural Resources Commission (formerly Arkansas Soil and Water Conservation Commission); NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July 15, 2003, and amended on June 21, 2005, is hereby further amended in the following particulars: SECTION 2 —BASIC SERVICES OF MWY 2.1..1.3 The scope of management services provided in Appendix B-1 of Contract Amendment No. 1 for the project is reduced to reflect the elimination of involvement of the independent Program Manager, and the oversight of the Arkansas Natural Resources Commission. 2.1.1.4 The scope of Post -Construction Phase Services related to Project Performance in Appendix B-2 is reduced to reflect the elimination of involvement of the Arkansas Natural Resources Commission. SECTION 3- ADDITIONAL SERVICES OF MWY Under this section, MWY will provide the following Additional Services: 3.1.31 Repackage the Contract Documents for rebidding, or in the alternative, a negotiated contract excluding the construction of Broyles Road Improvements and the restructuring of the Wetlands Mitigation Site construction documents. 3.1.32 Repackage the Wetlands Mitigation project for rebidding to change the scope and contract document structure. 3.1.33 Assist the CITY OF FAYETTEVILLE in the negotiation of a construction contract for the Westside Wastewater Treatment Plant with a contractor selected under the authority of Act 1989 of 2005. 3.1.34 Develop a set of conformed plans and specifications for the Westside Wastewater Treatment Plant and Wetlands Mitigation Site earthwork. 3.1.35 Repackage the Broyles Road Improvements project for rebid at a time consistent with other ongoing Westside Wastewater Treatment Plant construction. 3.1.36 Rebidding of Broyles Road Improvements project and Wetlands Mitigation Site project. SECTION 6— PAYMENTS TO MWY 6.1 Compensation Replace the text of Section 6.1 of Amendment No. 1 with the following text: For the scope of services as set forth in the Final Design and Bidding Phase as amended by Amendment No. 1, plus the Basic Services and Additional Services set forth in this Amendment No. 2, CITY OF FAYETTEVILLE agrees to pay MWY the amounts indicated for each phase of the Work. The total payment for the work set out in this amendment to MWY shall not exceed Four Million Six Hundred Twenty -Four Thousand Two Hundred Forty -Two Dollars ($4,624,242), except as provided for in Section 3 of the Agreement. The total payment is based Fy-317 Amendment 2 Page 2 A. - t on compensation amounts presented in the amended scope of Sections 2 and 3 of the Scope of Services set forth in this Amendment No. 2. Delete the text of Section 6.1.3.1 in Amendment No. 1 and insert the following in its place: 6.1.3.1 The scope of services during the Construction Phase for the Westside Wastewater Treatment Plant, Broyles Road Improvements, and the Wetlands Mitigation Site described herein as amended by this Amendment No. 2, is estimated to be Four Million Two Hundred Thirty -Three Thousand Seventy -Two Dollars ($4,233,072). Delete the text of Section 6.1.4.1 in Amendment No. I and insert the following in its place: 6.1.4.1 The scope of services during the Post -Construction Phase for the Westside Wastewater Treatment Plant, Broyles Road Improvements, and the Wetlands Mitigation Site described herein as amended by this Amendment No. 2, is estimated to be Three Hundred Ninety -One Thousand One Hundred Seventy Dollars ($391,170). All other provisions of the original Agreement and Amendment No. I remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this 1' +k day of j to r3,20D-. CITY OF F TTEV LE, RKANSAS+�++����r+in+►r�+ is By:Mayor • FAYETTEVILLE: ATTEST: Sys. 9'PA S4' J? By. City Clerk � AND YATES, INC. By: Title: END OF AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Fy-317 Amendment 2 Page 3 23 -May -07 822 PM FAYETTEVILLE WESTSIDE WASTEWATER TREATMENT PLANT CONSTRUCTION SERVICES ESTIMATE CONSTRUCTION SERVICES CONTRACT REVISIONS of CONTRACT AMENDMENT NO. 2 WASTEWATER TREATMENT PLANT MWY Bo a WEA GA Revised Contract Amount Existing Contract Amount Net Contract Chenan Contract Preparation, Review and Cttonges $16,049 514,344 53,503 $718 $34,614 $34,614 60 Combination with Program Manager mm $216,503 $20,370 50 $4,027 $7,550 5250,450 $257,863 _ .(57,413 Rguiatory and City Co-ordination Guys management Team 5123,189 $0 $7,769 5130,958 $243,474 General ProjectMane ment $330,151 $113,477 �4055,305 $13,728 _ $495,661 5485681 - _(5112,577 So_ _ 533,_907 $36417 1918 Repackago, Fy317BRP 533,967 _ _ _$33.967 539,417 _ $0 50 Coo5rruction Contract Negotiations, F3 y-17CCN $36,417 _Create Conformed Plans and S ecllloations $19,096 $780 $19,098 $0 $1.9,098 $0 $0 $0 Preconstruction. Conference /Construction Site Control $41,962 $12,289 $112,390 $2,178 $12,527 $57,207 $57,207 Submittal Review-WWTP 5565,613 $7,254 $O $698,784 $698,764 On -Site RPR Engl000rlr4t Services $1,074,228 $32,516 $0 $1,105,744 _ $1,105,744 On -Site APR Construction Observation Services $440,378 _ $0 $0 50 $440,378 $440,378 __ _ $0 $0 Addis. Arch, and bratrumlvnatfw,, Odor Control, Emko nnenial Services. 5373,268 $30,955 $13,087 $12,641 $429,962 $429,962 Ae - BL44 Plans Production $65404 $21,012 $0 50 $66,416 $86,416 __ SO $0 1Tr6y6i.LLodgir $14408 $38,000 $11,200 :A $83,606 $6.9,609 TOTALS $3,309,636 $394,354 $74,824 $50,440 53 875,263 $3903,711 ___.. (S2844 BROYLES AVENUE CONSTRUCTION SERVICES 0057 ESTIMATE To Run Coincident with WWTP Construction BROYLES AVENUE MWY So4e WEA GA Ravl.ed Contract Ealadeg Com7ern Nor Contract Change Contract Preparatlon, Review and Changes 5765 $7,334 $9 $0 $0 $765 $7.334 50 $10,793 __ $0 $0 _ Y - 533,000 $0 Coordination with Program Manager $0 $0 so -$765 $7,334 $33,000 $10,793 Revisions for Re -bid May 3,2007, Fy-315BRR _ _ _ $33.000 510,793 _ _ $0 $0 Submittal Review $0 PreConstnlctlon Cont,General Mgmt., & On -Site RPR Services $235,563 $0 $0 $0 $235563 J---$235,563 $0 TOTALS $207,456 SO $0 $0 $287456 $254,456 $33000 FAYETTEVILLE WETLAND MITIGATION SITE CONSTRUCTION SERVICES ESTIMATE WETLAND MITIGATION SITE MWY Be1e WEA GA Roomed Contract x et ng Contract Net Ceniract Change Contract Preparation, Review and Changes $680 $0 50 $0 5860 $0 Coordination with Owner $9,033 50 50 $0 $O 59,033 __$660 $9.033 _ � $0 General Projecl Management $8,307 SO 80 $8387 88,387 $0 Wetlands Mitigation R cke a for Bid, F 31GWLR $18,529 $10,320 So $19,320 Preconstnlcilon- Conference /Construction Site Control $697 $0 SO SO 5697 $697 Submittal Review - Wetlands $9.013 $0 50 $0 _ $9,013 $9,013 $0 [On-SiteAPREnglrt4eringSendcel 512,2% $0 SO $0 $12,264 $12,264 $0 On -Site RPR Ctnstnuction Observation Services $7,887 So $0 $0 $7,887 57,887 $0 SC 50 As - BuiL Plans Production $2,872 SO $0 $0 52,672 $2,072 $0 Travel! Lod SO $0 $0 $0 _ SO TOTALS $70,353 $0 $0 50 575,382 002,033 $19.320 TOTAL CONSTRUCTION PHASE SERVICES $4,233,072 $4,209,200 $23,872 POST CONSTRUCTION PHASE SERVICES WASTEWATER TREATMENT PLANT MWY Sante WEA GA Revised Contract Amount Existing Contract Amount Net Contract Chen a O andM Manual $125237 $57,862 $5724 $8,881 5197,684 $197,684 SO '9tart-upandTrelniog $60,212 $25,654 $2,768 6936 589,570 $84,570 SO Prepare Two P ect Perlormence R rts One Interim and One Final $69,663 $11,698 $6,203 $ 1082 568649 $154,828 $88,162 TOTALS $255112 $95,214 $14695 $10,878 5373600 5442,082(068,18211 WETLAND MITIGATION SITE MWY Bode WEA GA Revised Contract Amount Existing Contract Amount Net Contract Change RB Maio AgencyCo-ordination $6,702 $0 $o $0 56,702 _-_ $3,548 .�_ $6,702 $5,546 $1,897 $17,210 _ _ SO __$0 _ 50 1514,5051 Provide Assistance 10 the Environmental Consultant for O and M Manual 53,546 So _ _ 50 $0 Assist dwl Srort- end Trainin $1,997 $0 50 $0 _7 $3,125 Pro Perfornnance Assistance $17,210 $0 50 50 TOTALS S29 355 50 10 $0 $15,270 629,355(014,6851 TOTAL POST CONSTRUCTION PHASE SERVICES $391,170 $471,437 ($80,267) TOTAL CONSTRUCTION PHASE and POST CONSTRUCTION PHASE SERVICES $4,624,242 $44,060,636 ($56,395) McGoodwin, Williams and Yates, Inc. Fayettevllte, Arkansas 23 -May -07 23 -May -07 6:32 PM FAYETTEVILLE WESTSIDE WASTEWATER TREATMENT PLANT CONSTRUCTION SERVICES ESTIMATE CONSTRUCTION SERVICES CONTRACT REVISIONS of CONTRACT AMENDMENT NO. 2 WASTEWATER TREATMENT PLANT MWY Boyle WEA GA Revised Contract Amount Existing Contract Amount Net Contract Change Contract Preparation, Review and Changes $16,049 $14,344 $3,503 $718 $34,614 $34,614 $0 Coordination with Program Manager $218,503 $20,370 $4,027 $7,550 $250,450 $257,863 ($7,413) Regulatory and City Co-ordination City's Management Team $123,189 $0 $0 $7,769 $130,958 $243,474 $485,661 ($112,517) $0 General Project Management $330,151 $113,477 $28,305 $13,728 $485,661 Bid Repackage, Fy-317BRP $33,967 $33,967 $38,417 $0 $0 $33,967 $36,417 Construction Contract Negotiations, Fy-317CCN $38,417 Create Conformed Plans and Specifications $19,098 $19,098 $0 $19,098 Preconstruction. Conference /Construction Site Control $41,962 $12,289 $2,176 $780 $57,207 $57,207 $0 Submittal Review- WWTP $566,613 $112,390 $12,527 $7,254 $698,784 $698,784 $0 On -Site RPR Engineering Services $1,074,228 $31,516 $0 $0 $0 $1,105,744 $1,105,744 $0 On -Site RPR Construction Observation Services $440,378 $0 $0 $440,378 $440,376 $0 Addit. Arch, and Instrumentation, Odor Control, Environmental Services. $373,268 $30,965 $21,012 $38,000 $13,087 $12,641 $0 $0 $429,962 $429,962 $0 As- Built Plans Production $65,404 $0 $11,200 $86,416 $63,608 $86,416 $0 Travel/ Lodging $14,408 $63,606 $0 TOTALS $3,355,636 $394,364 $74,624 $50.440 $3,875,263 $3,903,711 $28,448 BROYLES AVENUE CONSTRUCTION SERVICES COST ESTIMATE To Run Coincident with WWTP Construction BROYLES AVENUE MWY Boyle WEA GA Revised Contract Existing Contract Net Contract Change Contract Preparation, Review and Changes $765 $0 $0 $0 $765 $765 $0 Coordination with Program Manager $7,334 $0 $0 $0 $7,334 $7,334 $0 Revisions for Re -bid May 3, 2007, Fy-315BRR $33,000 $33,000 $0 $33,000 Submittal Review $10,793 $0 $0 $0 $0 $10,793 $10,793 $0 Preconstruction Conf, General M mt. & On -Site RPR Services $235,563 $0 SO $235,563 $235,563 $0 TOTALS 8287,456 $0 $0 $0 $287,456 $254,456 $33,000 FAYETTEVILLE WETLAND MITIGATION SITE CONSTRUCTION SERVICES ESTIMATE WETLAND MITIGATION SITE MWY Boyle WEA GA Revised Contract Existing Contract Net Contract Change Contract Preparation, Review and Changes $880 $0 $0 $0 $880 $880 $0 Coordination with Owner. — �= - 4 _ -$9033 '_ — T $0- $0 ---- $0 ------'$O'---------$9,03a $8,387 -• ---- $9,033- — -50 General Project Management $8,387 $0 $0 $8,387 $0 Wetlands Mitigation Repackage for Bid, Fy-316W LR $19,320 $19,320 $0 $19,320 $0 Preconstruction. Conference /Construction Site Control $697 $0 $0 $0 $0 $697 $697 Submittal Review - Wetlands $9,013 $0 $0 $9,013 $9,013 $0 On -Site RPR Engineering Services On -Site RPR Construction Observation Services $12,264 $0 $0 $0 $12,264 $7,887 $12,264 $0 $7,887 $0 $0 $0 SO $0 $7,887 $0 As - Built Plans Production $2,872 $0 $2,872 $2,872 $0 Travel / Lodgin�t $0 $0 $0 $0 $0 $0 $0 TOTALS $70,353 $0 $0 $0 $70,353 $51,033 $19,320 TOTAL CONSTRUCTION PHASE SERVICES $4,233,072 $4,209,200 $23,872 POST CONSTRUCTION PHASE SERVICES WASTEWATER TREATMENT PLANT MWY Boyle WEA GA Revised Contract Amount Existing Contract Amount Net Contract Change O and M Manual $125,237 $57,862 $25,654 $11,698 $5,724 $8,861 $197,684 $197,684 $89,570 $0 $0 Start-up and Training $60,212 $2,768 $936 $89,570 Pre are Two Project Performance Repons (One Interim and One Final) $69,663 $6,203 $1,082 $88,646 $154,828 $66,182 TOTALS $255,112 $95,214 $14,695 $10,878 8375,900 $442,082 $66,182 WETLAND MITIGATION SITE MWY Boyle WEA GA Revised Contract Amount Existing Contract Amount Net Contract Change Regulatory Agency Co-ordination $6,702 $3,546 $0 $0 $o $0 $6,702 $3,546 $6,702 $3,546 $0 $0 Provide Assistance to the Environmental Consultant for O and M Manual $0 $0 Assist during Start-up and Training $1,897 $0 $0 $0 $0 $1,897 $1,897 $0 Project Performance Assistance $17,210 $0 $0 $3,125 $17,210 ($14,085) TOTALS $29,355 $0 $0 $0 $15,270 $29,355 $14,08$ TOTAL POST CONSTRUCTION PHASE SERVICES $391,170 $471,437 ($80,267) TOTAL CONSTRUCTION PHASE and POST CONSTRUCTION PHASE SERVICES $4,624,242 $4,680,636 ($56,395) McGoodwin, Williams and Yates, Inc. Fayetteville, Arkansas 23 -May -07 6.21.07) Clarice Pearman - McGoodwin, Wms & Yates Page From: Clarice Pearman To: Jurgens, David Date: 6.21.07 5:43 PM Subject: McGoodwin, Wms & Yates Attachments: 06.19.07 McGoodwin Wms & Yates Amdmt 2.pdf CC: Audit David: Attached is a copy of the above amendment to the engineering contract. I am forwarding to you three of four original amendment via interoffice mail. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Mayor's Approval City Council Meeting Date Agenda Items Only David Jurgens Submitted By Wastewater System lmpry Project Division Action Utilities Department Approval of no -cost Contract Amendment Number 4 to the engineering contract with McGoodwin, Williams and Yates Inc., for West Side WWTP. phosphorus removal evaluation Cost of this request 4480.9480.5314.00 Account Number 02133.0001 Project Number Item I XX Finance and Internal Services Director $ Category / Project Budget $ - Funds Used to Date Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program I Project Category Name $ Water/Sewer Remaining Balance Fund Name Budget Adjustment Attached & 'd Previous Ordinance or Resolution # 111-03/121-05 Date Original Contract Date: 7115/03; 6/21/05 3 w/7- 10 Original Contract Number: 915 Date Date Received in City Clerk's Office Date EREO Received in 1 .J ate Mayor's Office Revised January 15, 201*" ttViie ARKAMSA5 To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: David Jurgens, Utilities Director Date: March 10, 2010 CONTRACT REVIEW MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Approval of no -cost Contract Amendment Number 4 to the engineering contract with McGoodwin, Williams and Yates, Inc., for West Side WWTP phosphorus removal evaluation RECOMMENDATION Staff recommends approval of no -cost Contract Amendment Number 4 to the engineering contract with McGoodwin, Williams and Yates, Inc., for professional engineering services to determine methods to achieve additional phosphorus removal from the West Side WWTP's effluent. BACKGROUND USEPA Region 6 is proposing to reduce the National Pollutant Discharge Elimination System (NPDES) permit limit for phosphorous from 1.0 parts per million (ppm) for all Northwest Arkansas cities that discharge treated effluent from wastewater treatment facilities into the Illinois River watershed. When developing the design for the West Side WWTP, there was no mention of a phosphorous limit more stringent than 1.0 ppm, which was the driving factor in the treatment process design. It is expected that future NPDES permits will reduce the phosphorus limit, resulting in the need for this evaluation. The West Side WWTP NPDES permit expires November 30, 2010. DISCUSSION McGoodwin, Williams and Yates did an exceptional job in design and oversight of initial construction of the West Side WWTP, and are more familiar with the treatment process than any other engineering firm. This amendment allows for the proposed study of phosphorus removal alternatives and reflects a proposed 3 -month study period along with coordination of study alternatives and processes with Black and Veatch, the design engineers for the recent Noland WWTP renovations. The two firms are combining efforts in this study as both plants will ultimately be affected by the new NPDES requirements. BUDGET IMPACT This is a no -cost amendment to the existing MWY contract. 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) 521-1336 113 West Mountain - Fayetteville; AR 72701 MWY Amdmt4 CCMemo 8Feb10 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND McGOODWIN, WILLIAMS AND YATES, INC. WHEREAS, on July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY) entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project; and in particular the Westside Wastewater Treatment Plant, Broyles Road Improvements, Effluent Line, and Wetlands Mitigation Site on the wastewater treatment plant property (the "Project"). The scope of these services included the final design and bidding services; and WHEREAS, MWY has proceeded with and successfully completed these services in accordance with the scope set forth in the Agreement; and WHEREAS, the contract provided for three separate construction contract sections consisting of the Westside Wastewater Treatment Plant, Broyles Road Improvements, and Wetlands Mitigation Site; and WHEREAS, on the 2151 day of June, 2005, the CITY OF FAYETTEVILLE and MWY entered into Amendment No. I providing for Construction and Post -Construction Services for the Project; and WHEREAS, on the 19th day of June, 2007, the CITY OF FAYETTEVILLE and MWY entered into Amendment No. 2 providing for the reduction of scope concerning certain project elements and adding the scope of other project elements; and WHEREAS, on the 17th day of February, 2009, the CITY OF FAYETTEVILLE and MWY entered into Amendment No. 3, providing for a reduction in engineering costs due to the services provided by the CITY OF FAYETTEVILLE staff; and WHEREAS, since the Westside Wastewater Treatment Plant was constructed and operational, the United States Environmental Protection Agency is evaluating the need to reduce the current effluent discharge limit for plants discharging into the Illinois River watershed; and WHEREAS, a potential new phosphorous limit that is significantly less than the present limit of 1.0 mg/1 has been discussed; and WHEREAS, the CITY OF FAYETTEVILLE, requests that the scope of services for MWY be amended to identify and evaluate alternatives that would allow the Westside Wastewater Treatment Plant to achieve additional phosphorous removal; NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for Engineering Services together with the scope of services dated July 15, 2003, and amended on June 21, 2005, June 19, 2007, and February 17, 2009, is hereby further amended in the following particulars: Fy-317 Amendment 4 Page 1 SECTION 3— ADDITIONAL SERVICES OF MWY Under this section, MWY will provide the following additional services: 3.1.5.1 Conduct a conceptual study identifying and evaluating potential technologies and processes to achieve additional phosphorous removal. A detailed scope of services for this task is included in Appendix B-4. SECTION 6— PAYMENTS TO MWY 6.1 Compensation Payment of the expanded scope as detailed in Appendix B-4 will be in accordance with Section 6.1 of the original agreement as amended in Amendment No. 3. The total estimated fees shown in Amendment No. 3 shall remain unchanged by this Amendment. All other provisions of the original Agreement and Amendments Nos. 1, 2 and 3 remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this 1t!- day of__________________ CITY OF TTEVILLE, ARKANSAS B• ZZ L' neld Jordan, yor ATTEST: �\1111111lIlpr By: Sondra Smith, City Clerk 'U G F • �� FAYEfTEV1Ll_E McG00D , WILLIAMS AND YATES,"s;• •-� •9,QkANSP�•r',' By. L Car aces, Chle x cutlcer +++++Ileum C. Ulmer, END OF AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Fy-317 Amendment 4 Page 2 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B-4 SCOPE OF SERVICES FOR CONCEPTUAL STUDY REGARDING ADDITIONAL PHOSPHOROUS REMOVAL ALTERNATIVES DURING POST -CONSTRUCTION PHASE WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT This is Appendix B-4, consisting of 2 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003, and amended on June 21, 2005, June 19, 2007, and February 17, 2009. Initial: CITY OF AYETTEVILLE M The following is the Scope of Services for the Conceptual Study regarding Additional Phosphorous Removal Alternatives. B-4.1 Scope of Study B-4.1.1 Prepare overview of the current wastewater treatment process at the existing plant, including a performance review of removal efficiencies for available historic data from 2008 to the present. B-4.1.2 In coordination with Black and Veatch, Consulting Engineers for the Noland WWTP, identify and perform a conceptual screening evaluation of available technologies and processes that may reduce phosphorous levels in the effluent of the West Side WWTP and the Noland WWTP. Identify which technologies and/or processes may be utilized at both facilities. B-4.1.3 Conduct a screening workshop with City staff to review identified processes and screen processes to a maximum of six (6) alternatives for further evaluation. B-4.1.4 Continue conceptual evaluation of screened alternatives, including conceptual design of potential additional facilities necessary to utilize the alternative technologies, including assessment of the potential impacts to the system. In addition, the evaluation will include preliminary opinions of probable costs for each alternative, including a cost analysis using projected capital costs as well as anticipated operation and maintenance costs. Reference is made to Section 7.3 "Cost Opinions and Projections" of the original Agreement. B-4.1.5 Based on the evaluations, identify and recommend alternatives for further studies, including but not limited to pilot testing. It is understood and agreed that pilot -testing of potential phosphorous removal technologies may be necessary to confirm the ability of the plant to adequately remove the necessary amount of phosphorous using the alternative technologies. The scope of services outlined in this Amendment No. 4 does not include coordination or Fy-317 Amendment 4 Appendix B-4 - I participation in further studies and/or pilot testing. However, services including coordination and/or evaluation of pilot testing may be provided as additional services, if requested by the CITY OF FAYETTEVILLE and agreed upon in a future amendment to the Agreement. B-4.1.6 Conduct a second workshop with City staff to review and discuss the results and recommendations from the conceptual analysis. B-4.1.7 Based on comments received from the workshop, prepare and deliver a preliminary report for review by City staff. A final report will be prepared and delivered after additional comments are received from the City staff B-4.2 Deliverables B-4.3.1 Deliverables will include six (6) hard copies and two (2) electronic copies (in .pdf format) of the final report. Fy-317 Amendment 4 Appendix B-4 - 2 City of Fayetteville Staff Review Form David Jurgens Submitted By City Council Agenda Items and Contracts, Leases or Agreements Mayor's Approval City Council Meeting Date Agenda Items Only Wastewater System Impry Project Division PaL&4 \LQ&'kk Utilities Department Action Required: Approval of WSIP Contract Amendment 4 with Black and Veatch Corporation for Noland Wastewater Treatment Plant WSIP design, including the phosphorus removal evaluation. Is Cost of this request 4480.9480.5314.00 Account Number 02133.0001 Project Number Budgeted Item City $ Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program 1 Project Category Name Water/Sewer Fund Name I Q I Z Previous Ordinance or Resolution # 111-03/121-05 Date Original Contract Date: 7/15103:6121105 /,/o — Original Contract Number: 915 Date `QCj, A . I - 1 b X012, Finance and Internal Services Director Date 1 -/1 01-10-12P01:00 RCVD Received in City Clerk's Office Date EH 0 Received in / Z Mayor's Office De Revised January 15, 2009 • jayLltvyifleNSAS To: Mayor Lioneld Jordan CONTRACT REVIEW MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS Thru: Don Marr, Chief of Staff From: David Jurgens, Utilities Director V.) Date: January 6, 2012 Subject: Amendment 4 to WSIP Contract wit 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 (474} 521-1316 113 West Mountain - Fayetteville, AR 72701 a&V Amdmt4 CCMemo 5JanI2.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 15, 2003, Addendum No. 1 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 20J,...._ CITY OF FA TTEVI L ARKANSAS M yor 1GG,1YGFST: FAYETTEVILI ;. -Jr City e -, sy9:QkAN5 • J ,• 'GT0N`6% BLACK & VEATCH CORPO IO 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. 1 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-1 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