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HomeMy WebLinkAbout95-05 RESOLUTIONRESOLUTION NO. 95-05 A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH BLACK & VEATCH CORPORATION TO PROVIDE CONSTRUCTION AND POST CONSTRUCTION SERVICES FOR THE NOLAND WASTEWATER TREATMENT PLANT IN A NOT TO EXCEED AMOUNT OF $1,478,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1 to the Agreement for Professional Services with Black & Veatch Corporation to provide construction and post construction services for the Noland Wastewater Treatment Plant in a not to exceed amount of $1,478,000.00. The City Council authorizes Mayor Coody to sign this Amendment No. 1. (attached as Exhibit PASSED and APPROVED this 10th day of May, 2005. ATTEST: ° ° : FAYETTEVILLE: ° ,,y qNs . J$1 `11*,GTON By: C�Otiu < & dew SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND BLACK AND 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 - Headworks and Solids Handling Improvements - Contract EP -2 (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 Construction Phase; Resident Services During Construction; O&M Manual Preparation, Startup, Training; and Post -Construction Phase 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, is hereby amended in the following particulars: SECTION 2 - BASIC SERVICES OF BLACK & VEATCH 2.4 Construction Phase 2.4.1 Delete APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to this Amendment No. 1. 2.5 Post -Construction Phase. 2.5.1 Delete APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE attached to this Amendment No. 1. Amendment No 1 - CPS reduced.doc 1 092804 Based on: CPS Amendment-Standard.doc received 10/8/2004 Last printed 2/23/2005 2:23 PM 2.6 Resident Services During Construction 2.6.1 Delete APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX E - SCOPE OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE attached to this Amendment No. 1. 2.7 O&M Manual Preparation and Training and Startup Services During Construction Phase 2.7.1 See APPENDIX F for SCOPE OF SERVICES FOR OPERATIONS AND MANUAL PREPARATION SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH: 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 BLACK & VEATCH. 3.1.10 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 Visits to the construction site or to CITY OF FAYETTEVILLE's location in excess of the number of such trips and the associated time set forth in Appendices C, D, E and F. Amendment No 1 - CPS reduced.doc 2 092804 Last printed 2/23/2005 2:23 PM • • 3.1.17 Special reports as requested by CITY OF FAYETTEVILLE concerning facility operation and personnel matters during the startup period. 3.1.18 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. 3.1.19 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. 3.1.20 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 by more than sixty days, (5) default by any Contractor, and (6) failure of the Contractor to complete the work within the construction contract time. 3.1.21 Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 3.1.22 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 onsite personnel. 3.1.23 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or others in connection with the work. 3.1.24 Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor(s) or others in connection with the work. 3.1.25 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 work week. Amendment No 1 - CPS reduced.doc 3 092804 Last printed 2/23/2005 2:23 PM • • 3.1.26 Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.27 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. 3.1.28 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.1.28.1 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. 3.1.28.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. 3.1.29 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. 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 BLACK & VEATCH 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 schedule: Construction Phase Services, Resident Project Representative Services Twenty seven months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE O&M Manual Preparation and Complete within 180 days of i Amendment No 1- CPS reduced.doc 4 092804 Last printed 2/23/2005 2:23 PM f Startup and Training Contractor's Substantial Completion Post Construction Phase Services, Within 90 days of Completion of the one year period of operation CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond May 1, 2005. 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. BLACK & VEATCH 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. SECTION 6 - PAYMENTS TO BLACK & VEATCH 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 BLACK & VEATCH the amounts indicated for each phase of the work. The total payment to BLACK & VEATCH shall not exceed One Million Eight Hundred Seventy Thousand Dollars ($1,478,000) except as provided for in Section 3 of the Agreement. The total payment is based on compensation amounts presented in the following table to the scopes of services set forth in this Amendment No. 1. Amendment No 1 - CPS reduced.doc 5 092804 Last printed 2/23/2005 2:23 PM Service Item(s) Amount Appendix C — Construction Phase Services $867,800 Appendix D - Post -Construction Services $79,500 Appendix E - Resident Project Representative $432,100 Appendix F - Operation & Maintenance Manual and Process Description, Start -Up and Training Services $98,600 Total Not -to -Exceed Amount $1,478,000 Subject to prior City Council approval, adjustment of the compensation may be made should BLACK & VEATCH 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. 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 BLACK & VEATCH'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 BLACK & VEATCH 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. Amendment No 1 - CPS reduced.doc 6 092804 Last printed 2/23/2005 2:23 PM Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following: 6.1.3 Construction Phase Services For the Scope of Services during the Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed, $867,800 unless amended in accordance with Paragraph 6.1.7. 6.1.4 Post -Construction Phase Services For the Scope of Services during the Post -Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $79,500 unless amended in accordance with Paragraph 6.1.7. 6.1.5 Resident Project Representative Services During Construction Phase For the Scope of Services during the Resident Project Representative Services During Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $432,100 unless amended in accordance with Paragraph 6.1.7. 6.1.6 O&M Manual Preparation and Training and Startup Services During Construction Phase For the Scope of Services during the O&M Manual Preparation and Training and Startup Services During Construction Phase described herein, CITY OF FAYETTEVILLE shall pay the sum not to exceed $98,600 unless amended in accordance with Paragraph 6.1.7. 6.1.7 Additional Services. For authorized Additional engineering services under Section 3, "Additional Services", compensation to BLACK & VEATCH shall be negotiated at the time Additional Services are authorized. 6.1.8 The CITY OF FAYETTEVILLE agrees that the BLACK & VEATCH's not -to -exceed upper limit for this Amendment No. 1 is based on the durations indicated in Section 5.3 Amendment No 1 - CPS reduced.doc 7 092804 Last printed 2/23/2005 2:23 PM • • of this Amendment No. 1 and if the construction period or operation period is extended that the BLACK & VEATCH shall be entitled to additional compensation. 6.1.8.1 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining payment to BLACK & VEATCH for the costs incurred by BLACK & VEATCH 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 hourly billing rates are included as Appendix G to this Amendment. 6.1.8.2 The following direct expenses are considered reimbursable and are included in the not to exceed amount. 6.1.8.2.1 Travel, subsistence, and incidental costs. 6.1.8.2.2 Use of motor vehicles on a rental basis for assigned vehicles and on a mileage basis or rental cost basis for vehicles used for short periods. Mileage basis shall not exceed 40 cents per mile. 6.1.8.2.3 One-way moving costs to project for Resident Project Representative. 6.1.8.2.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.2.5 Subcontract costs times 1.05. 6.1.8.3 The following direct expenses are also considered reimbursable and are not a part of the not to exceed amount. 6.1.8.3.1 Charges of special consultants requested by CITY OF FAYETTEVILLE. 6.1.8.3.2 Special insurance coverage required by CITY OF FAYETTEVILLE. 6.1.8.3.3 Local taxes or fees applicable to the engineering work or payments therefore. Amendment No 1 - CPS reduced.doc 8 092804 Last printed 2/23/2005 2:23 PM 6.1.8.3.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.4 It is understood and agreed that the not to exceed cost is based on the start of the services being authorized not later than May 1, 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 the Agreement. 6.1.8.5 It is understood and agreed that BLACK & VEATCH 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. 1N WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this WW1 day of 204 BLACK & VEATCH CORPORATION By: Title: ,(2.04 - END OF AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Amendment No 1 - CPS reduced.doc 9 092804 Last printed 2/23/2005 2:23 PM CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX C — SCOPE OF SERVICES FOR CONSTRUCTION PHASE This is Appendix C, consisting of 4 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Construction Phase. C.1. General By performing these services, BLACK & VEATCH 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. BLACK & VEATCH 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 BLACK & VEATCH are as follows: C.2. Management C.2.1. BLACK & VEATCH's management functions required to successfully complete services to be provided under this Agreement, including all project correspondence with the CITY OF FAYETTEVILLE, consultation and coordination with the Program Manager, supervision and coordination of the services provided by BLACK & VEATCH including scheduling and assignment of personnel, invoicing, and continuous monitoring of the progress of the services. C.3. Office Support Services During Construction C.3.1. Receive the Contractor's insurance certificates and forward to Program Manager for review and acceptance by the CITY OF FAYETTEVILLE's legal counsel. C.3.2. Review and comment to Program Manager on the Contractor's initial and updated construction schedule(s) if requested by Program Manager. BLACK & VEATCH's review shall be for general conformity of the to the provisions of the contract documents, to determine if the Contractor's construction schedule and activity sequence include the completion dates, construction sequencing for any special conditions (such as the ability of the CITY OF FAYETTEVILLE to keep the existing Amendment No 1 - CPS reduced.doc Appendix C-1 092804 wastewater treatment plant in operation during construction). BLACK & VEATCH'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. C.3.3. Review and comment to Program Manager on the Contractor's initial schedule of values and schedule of estimated monthly payments. C.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 Program Manager. BLACK & VEATCH'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. C.3.5. Review drawings and other data submitted by the Contractor as required by the construction contract documents. BLACK & VEATCH'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. C.3.6. Interpret construction contract documents when requested. Requests for interpretations, clarifications or information shall be in writing through the Program Manager. Responses to Contractor shall be through the Program Manager. C.3.7. Review Contractor's applications for payment and supporting data, determine the amounts owed to Contractor, and recommend to Program Manager, in writing, approval of all payments to Contractor in accordance with the Contract Documents. BLACK & VEATCH's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request. C.3.8. Prepare routine Change Orders as required and submit to Program Manager. 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 Program Manager of the performance by the parties thereto, and make recommendations to Program Manager 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 BLACK & VEATCH shall not be liable for the results of any such interpretations, opinions, recommendations, or decisions rendered by BLACK & VEATCH 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 Amendment No 1 - CPS reduced.doc Appendix C-2 092804 Last printed 2/23/2005 2:23 PM related to unusually complex or unusually numerous claims are considered an Additional Service. C.3.9. Provide monthly progress reports to CITY OF FAYETTEVILLE and Program Manager. C.3.10. Review and make recommendations regarding "or equal" submittals in accordance with Construction Contract General Conditions. C.3.11. Provide to the Program Manager, in a format acceptable to the Program Manager, 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 and review the activities; materials; and financial status of the project. Update the data supplied to the Program Manager when requested. C.4. Field Support Services During Construction C.4.1. Conduct the preconstruction conference. BLACK & VEATCH shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction conference will include a discussion of the Contractor's tentative schedule, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical construction sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. C.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 Program Manager and the Contractor concerning problems and/or progress of the construction. A total of twenty seven (27) meetings are anticipated. C.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. It is anticipated that twenty four (24) separate onsite visits will be required. The level of effort is anticipated to require 16 person hours per trip. A written report summarizing discussions, site observations, and periodically established objectives shall be provided to Program Manager for distribution. C.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 through Program Manager C.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 Amendment No 1 - CPS reduced.doc Appendix C-3 092804 Last printed 2/23/2005 2:23 PM contract documents. Submit written conclusions to CITY OF FAYETTEVILLE through Program Manager. C.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 through Program Manager. C.4.7. Conduct a substantial completion inspection of theconstruction 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 through Program Manager. It is anticipated that BLACK & VEATCH's project personnel will require a total of two staff persons for one two-day inspection trip. C.4.8. Conduct a final inspection to determine if the construction is completed. BLACK & VEATCH shall submit written results to Program Manager and provide written recommendations concerning final payment to Program Manager, including a list of items, if any, to be completed prior to making such payment. It is anticipated that the BLACK & VEATCH's project personnel will require a total of one staff person for one two-day inspection trip. Amendment No 1 - CPS reduced.doc Appendix C-4 092804 Last printed 2/23/2005 2:23 PM CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX D — SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE This is Appendix D, consisting of one page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Post -Construction Phase. D. General D.1. BLACK & VEATCH agrees to provide the following services after completion of the project. The project is identified as the Noland WWTP Improvements, Headworks and Solids Dewatering, Contract EP -2 and defined in the construction documents prepared by BLACK & VEATCH. D.1.1. Prepare, after completion of construction and prior to the final inspection by the Arkansas Soil and Water Conservation Commission, if any, a Record Set of construction drawings based the construction records maintained and submitted by Contractor and Resident Project Representative. Record Set of construction drawings shall be provided in electronic CADD files. D.2. Consultation BLACK & VEATCH agrees to make available the services of design team members for consultation. D.2.1. Provide one year performance review and submit written conclusions to CITY OF FAYETTEVILLE. Prior to expiration of the warranties, meet with the CITY OF FAYETTEVILLE and conduct an on-site performance review to determine if the performance provisions of the contract documents have been met. It is anticipated that that up to 100 hours will be required. Amendment No 1 - CPS reduced.doc Appendix D-1 092804 • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX E — RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE This is Appendix E, consisting of 5 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Resident Project Representative Services During Construction. E.1. General BLACK & VEATCH will furnish up to 3,360 hours of 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 superin- tendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of BLACK & VEATCH. 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: E.2. Site Observations and Liaison with Program Manager and Contractor E.2.1. Conduct on-site observations of the general progress of the work to assist BLACK & VEATCH in determining if the work is proceeding in accordance with the construction contract documents. E.2.2. Serve as BLACK & VEATCH's liaison with the Contractor and assisting BLACK & VEATCH in providing interpretation of the construction contract documents. E.2.3. Assist BLACK & VEATCH in serving as CITY. OF FAYETTEVILLE's liaison with the Contractor when the Contractor's operations affect CITY OF FAYETTEVILLE's on-site operation. Amendment No 1 - CPS reduced.doc Appendix E-1 092804 • • E.2.4. As requested by BLACK & VEATCH, assist in obtaining from CITY OF FAYETTEVILLE additional details or information when required at the jobsite for proper execution of the work. E.2.5. Report to BLACK & VEATCH, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Con- tractor's work and relating to compliance with drawings, specifications, and design concepts. E.2.6. Advise BLACK & VEATCH 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 BLACK & VEATCH or has been not been resubmitted for review if required. E.2.7. Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. E.2.8. Assist in coordinating scheduling of activities to minimize conflicts with CITY OF FAYETTEVILLE's activities. E.2.9. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. E.2.10. Coordinate onsite materials testing services during construction. Copies of testing results will be forwarded to CITY OF FAYETTEVILLE and Program Manager for information. E.2.11. Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to BLACK & VEATCH, as appropriate. E.2.12. Report immediately to BLACK & VEATCH upon occurrence of any accident. E.3. Outside Liaison and Public Information Services E.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 BLACK & VEATCH and Program Manager. E.4. Meetings, Reports, and Document Review and Maintenance E.4.1. Attend the preconstruction conference, and assist BLACK & VEATCH in explaining administrative procedures which will be followed during construction. Amendment No 1 - CPS reduced.doc Appendix E-2 092804 Last printed 2/23/2005 2:23 PM E.4.2. Attend monthly progress meetings, and other meetings with Program Manager and the Contractor when necessary, to review and discuss construction procedures and construction progress, engineering management procedures, and other matters concerning the project. E.4.3. Submit to BLACK & VEATCH, with a copy to Program Manager, weekly construc- tion progress reports containing a summary of the Contractor's progress including general condition of the work, problems, and resolutions or proposed resolutions to problems. E.4.4. Review the schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with BLACK & VEATCH concerning their acceptability. E.4.5. Report to BLACK & VEATCH 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; and advise BLACK & VEATCH whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval. E.4.6. Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to BLACK & VEATCH, 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. E.4.7. Record date of receipt of shop drawing samples. Receive samples which are furnished at the site by the Contractor, and notify BLACK & VEATCH of their availability for examination. E.4.8. Verify, during the course of the work, that specified certificates, operation and maintenance manuals, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed. E.4.9. 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 BLACK & VEATCH. E.4.10. 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. Amendment No 1 - CPS reduced.doc Appendix E-3 092804 Last printed 2/23/2005 2:23 PM E.4.11. Maintain the following documents at the jobsite. E.4.11.1 Correspondence files. E.4.11.2 Reports of jobsite conferences, meetings, and discussions among the BLACK & VEATCH, Program Manager, and Contractor. E.4.11.3 Submittals of shop drawings and samples. E.4.11.4 Reproductions of original construction contract documents. E.4.11.5 Addenda. E.4.11.6 Change orders. E.4.11.7 Field orders. E.4.11.8 Work Change Directives E.4.11.9 Requests for Interpretation E.4.11.10 Requests for Proposal and Associated Response. E.4.11.11 Additional drawings issued subsequent to execution of the construction contract documents. E.4.11.12 Progress reports. E.4.11.13 Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. E.4.11.14 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 BLACK & VEATCH. Days the Contractor worked on the jobsite. Number of Contractor and subcontractor personnel on jobsite. Construction equipment on the jobsite. Observed delays and causes. Weather conditions. Data relative to claims for extras or deductions. Amendment No 1 - CPS reduced.doc Appendix E-4 092804 Last printed 2/23/2005 2:23 PM Construction Activities. Observations pertaining to the progress of the work. Materials received on jobsite. E.S. Assistance with Substantial Completion E.5.1. Assist BLACK & VEATCH in conducting substantial inspection in the company of Program Manager and the Contractor, and prepare a list of items to be completed or corrected. E.5.2. Verify that all items on the list have been completed or corrected, and make recommendations to BLACK & VEATCH concerning acceptance. E.6. Assistance with Final Completion E.6.1. Assist BLACK & VEATCH in conducting final inspection in the company of Program Manager and the Contractor, and prepare a final list of items to be completed or corrected. E.6.2. Verify that all items on the final list have been completed or corrected, and make recommendations to BLACK & VEATCH concerning acceptance. E.7. Field Testing Services E.7.1. Through a subcontract, conduct, evaluate, and report on test and test analyses for equipment and materials, including concrete, masonry, and soil compaction identified in the construction contract documents to be performed by OWNER. Amendment No 1 - CPS reduced.doc Appendix E-5 092804 Last printed 2/23/2005 2:23 PM 0 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX F - SCOPE OF SERVICES FOR OPERATIONS AND MANUAL PREPARATION This is Appendix F, consisting of 2 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003. Initial: CITY OF FAYETTEVILLE 2. BLACK & VEATCH The following is the Scope of Services for the Operations and Maintenance Support. F.1. OPERATIONS AND MAINTENANCE TECHNICAL MEMORANDA BLACK & VEATCH will provide an updated design memorandum and the following two technical memoranda: Technical Memorandum I - Biological Process Description Document Technical Memorandum 2 - Flow Diversion during Wet Weather Events. F.1.1. Design Memorandum Update the Design Memorandum to reflect changes made during construction that impact operation of Improvements constructed the Project. F. 1.2. Biological Process Description Memorandum Prepare a document that addresses the handling the reduction in biological loadings anticipated to occur when the new West Side plant is placed in service and part of the flow that currently goes to the Noland Plant is diverted to the West Side Plant. Impact to the existing biological treatment process, which includes anaerobic, anoxic, oxic basins and secondary clarifiers, will be addressed. F. 1.3. Flow Diversion During Wet Weather Events Prepare a document that addresses the different operating conditions for the 36 inch throttling valve down stream of the Wet Weather Splitter Box. Different flow conditions and by-pass options during wet weather conditions will be addressed. Amendment No 1 - CPS reduced.doc Appendix F-1 092804 F.1.4. Design Memorandum and Technical Memorandum Review According to the schedule, technical and design memoranda will be submitted to the CITY OF FAYETTEVILLE for review. CITY OF FAYETTEVILLE's comments will be submitted to BLACK & VEATCH within two weeks. F.1.5 Manufacturers Maintenance Manuals The manufacturer's O&M manuals submitted under section 01620 of the construction specifications shall be reviewed and forwarded to CITY OF FAYETTEVILLE. F.2. TRAINING AND START-UP SUPPORT BLACK & VEATCH will provide the following services during start-up and training. F.2.1. Updated Design Memorandum will be used in training operators on intended method of operation for each process. Provide one 2 day trip for training sessions to assist CITY OF FAYETTEVILLE with operation of facilities. F.2.2. 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. F.2.3. Provide an additional start up and post start up assistance at the request of CITY OF FAYETTEVILLE for up to 160 man hours during the warranty period. Provide up to 4 trips to the site. F.2.4. Review and comment on the Contractor's odor control performance testing procedures. Review and comment on data from the 30 day odor control performance tests conducted by the Contractor. Additionally, BLACK & VEATCH will monitor the performance tests for up to 3 days. Amendment No 1 - CPS reduced.doc Appendix F-2 092804 Last printed 2/23/2005 2:23 PM 0 i CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX G - HOURLY BILLING RATES FOR ENGINEERING SERVICES This is APPENDIX G, consisting of one page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003. Initial CITY OF FAYETTEVILLE Cc BLACK & VEATCH Job Classification Hourly Billing Rate 2005 2006 2007 Principal $201 $209 $217 Project Manager $172 $179 $185 Project Secretary $62 $65 $67 Project Account. $62 $65 $67 Project Engineer $159 $165 $171 Lead Civil En ineer $104 $108 $112 Civil Design Engineer $93 $96 $100 Civil Tech $83 $86 $89 Structural Sr. $149 $155 $161 Structural Engineer $120 $125 $130 Structural Tech $91 $95 $98 Geotech Specialist $140 $145 $151 Architect $114 $118 $123 Architect Tech $88 $91 $95 Architect Drafter $85 $88 $91 Building Mechanical Sr En $141 $147 $152 Building Mechanical Engineer $122 $127 $131 Building Mechanical Technician $78 $81 $84 Pump Specialist $165 $172 $178 Process Mech. / Chem Feed En $104 $108 $112 Electrical Specialist $148 $153 $159 Electrical Engineer $124 $128 $133 Electrical Technician $104 $108 $112 Electrical Drafting $91 $95 $98 I&C Specialist $143 $148 $154 I&C Engineer $127 $132 $137 Shop Drawings Admin $124 $129 Shop Drawings Clerical $53 $54 $56 Process En - Odor Control $146 $152 $157 Process Engineer - Lig. Trtmt $156 $162 $168 Operations Specialist $136 $142 $147 Operations Process En . $127 $132 $137 En ineer - Writer $127 $132 $137 En ineer - Writer / Mf Manuals $127 $132 $137 Technical Review $127 $132 $137 Graphics $91 $95 $98 Editor / Word Processing / Clerk $69 $71 $74 Estimator $133 $138 $143 Resident Project Representative $157 $163 $169 Amendment No. 1 120904 Construction Services Budget Phase EP-2.xls Billing Rate Sheet Appendix G- 1 C:%CygnetCachs11350451Updated 2-2005 Construction Services Budget Phase EP-21.xls 2 Owner: City of Fayetteville, Arkansas Project Noland Wastewater Treatment Plant Improvements - EP -2 Services: Construction Phase Services and Resident Engineering PHASE r PHASEResk Subtotal TOTAL COST roundes ....at $100 SUBTOTAL. hours SUBTOTAL B181no S SUBTOTAL, EXPENSES SUBTOTAL. SUBCONTRACTS ad muIdpli.r 1.05 a (9llllns R.W. $IH,. ,a APPENDIXC-CONSTRUCTION PHASE SERVICES Cl GENERAL C.2 C.2.1• M.n.p.m.nlfunc8oau 400 386 44610 44618 C.3 Olnc. support 5.040.. C.3.1 0060 • C.NOeata. - 410 - ! 840 $ 648 C.3.2 iniwl Construction Sehesul. 410 26 1342 S S 3,342 CAA.1 EoAtlno0.e0lnConenou.Owr.eon - 410 64 8810 SAID C.0.2.2 Updatad Conarveeon Bcho8utas 410 66 11 202 $ 11.202 C.J.3 R.vbw 500.901.0600000.0104 P.ym.nt 6cltesuhs 410 22 S 2 694 'S $ 2,694 C.3.4 R.N. Ou.nnw., Bonds, Testa 410 116 f 18 780 16.100 C.3.6 'R.0).w Dr.wlno. and Data .ubmle.d by Contractor 410 2,650 5,g20 $ 273,020 C.3.6 Inurpr.t Contncl Docum.nt.I RFta 410 1,266 143 930 S $ 143.036 C.3.7 Ravtaw Applloatons for P.ynunt 410 214 21 690 S 21,690 C.3.5 Prepare Rouen. Chang. Ord.n 410 326 f 40 866 f $ $ 40,806 C.3.9 ProvM. Monthly Progress Reports 410 120 18 720 18,720 C.3.10 R.vbw Oraqual ra4u..ts 410 96 11963 f 11968 0.3.11 Ron).,. Equip. M.nul. OS M m.nu.l. 410 272 $1L4° S S S 23,496 33 C.3.12 Provide dmto Program M.n.g., forw.balt. 411 66 S 89368 f 6938 C.4 Fl.ld support 5.rvkas CA.1 PO -0000 ruction Conference 420 62 S 8840 S 530 $ $ 7,370 C.4.2 Conduct Monthly Progrees Nesting. 420 448 $ 87 696 $ 20,360 $ It 88046 C.4.3 ton Maka P.npolc511a VI.lb/Invest Unfonsesn condlBons IAecepMblllty CA.5 cl.ima l erfonnann tact data. 420 924 9112.12 8 16,120 127,292 C.4.7 6ub.lnU.l Compl.tlonbwp.oUon 420 104 S 11996 8 1,420 $ 17416 CAA Final Compl.11on In.p.0on 420 44 S 4 940 S 1,420 6,360 Subtotal Moun 7,266 Subtotal Billings $ 820232 $ 46860 S f 867,082 $ 687,800 APPENDIX D - POST CONSTRUCTION PHASE 0.6 0.1.1 Pnp.n R.cOrd Sat of Dnwlnpa ra 600 670 961.35,2 9 2,500 83,362 0.2 0.2.1 Provide up to 100loaurs c-sulrg for 1 year p.rfonn'es ratvw 610 100 5, 16 050 $ 18,000 i2 Subtotal Noun 870 ,a Subtotal Billing. S 77 412 $ 2,000 ' f It 79,412 $ 18,800 APPENDIX E- RESIDENT PROJECT REPRESENTATIVE 6.1 Nn E.5 Tasks 450 7380 369600 1 10000 S S 379800 E.1 GENERAL 450 $ ,E.2 SITE OBSERVATIONS AND LIAISON 450 $ E.3 OUTSIDE LIAISON AND PUBLIC INFORMATION SERVICES 450 $ EA MEETINGS. REPORTS AND DOCUMENT REVIEW 450 $ 1. E.5 ASSIST WITH SUBSTANTIAL COMPLETION 450 $ $ E.5 ASSISTWTTH FINAL COMPLETION 2 460 E.7 Provid. Flard Testing S.rvkes through .u5contractor 461 $ 62,500 8 62,500 w Subtotal Hours 3,360 M Subtotal BIIBng. S 389 600 $ 10,000 $ 52,502 $ 432,100 $ 432,100 m APPENDIX P. O&M MANUAL I START UP/TRAINING 600 F.1&F.2 F.2 O&M MANUAL AND PROCESS DESCRIPTION DOCUMENT $00 563 $ 159 S $ $ 94169 F.3 Sl.rtup and Tninlno B.rvlc.a P.3.1 G.n.,.I F.3.2 . 1,0101105 F.2.2.1 Conduct.lta visit to b.com. (=Ill.rwlt plant 600 710 f 710 F.3.2.2 D.velop pr.+tartup IlSNMS program. 600 f F.3.2.3 Pnpan lr0Wng maten.is for training prdgnm 600 F.2 S.rtup 600 F.2.1 Training 600 7 q43. 831 F.2.2 R. Contractor. SU Plan 600 160 25440 S f 25,440 F.2.3 Provid.160 hours of on.11 plant sump assistance (2 trip.) 500 $ $ 710 710 F.2.4 Be present M and nvlew odor control testing 600 48 j_5,5$; S 6.075 SubtoW Hour. 766 $213 Subtotal Billings $ 97 105 $ 1 420 $ $ 88,520 $ 98,800 SECTION?. ADDITIONAL SERVICES 1p2 AddWonalSsrvleta Allowane. 700 S $ Subtotal Moun 51911,100 Blliings $ $ S $ TOTALHOURS-ALL PHASES 12,082 TOTAL BILLING - ALL PHASES 1,364,349 $ 80270 S 52,555 S 1,477,119 TOTAL BILLING -ALL PHASES $ 1478000 Cygnet: 135045 Management/ Marketing Information / Proposals Folder Updated 2-2005 Construction Services Budget Phase EP-21.xls Bob Davis Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 3 -May -05 City Council Meeting Date Water & Wastewater Division Director Department Action Required: Approval of a contract amendment for Black & Veatch to provide Construction Phase Services dealing with the construction and post -construction activities associated with the Noland Wastewater Treatment Plant headworks and solids handling improvements. $1,478,000.00 Cost of this request 4480.9480.5315.00 Account Number 2133.0303 Project Number Budgeted Item IX LL Department Director City ttorney 113,011,603.00 Category/Project Budget 2,076,252.52 Funds Used to Date $ 110,935,350.48 Remaining Balance Budget Adjustment Attached 4is-Z� Date 2l -oS Finance and Internal Service Director Date Wastewater System Improvements Project/Noland Plant Program Category / Project Name WWTPImp Program / Project Category Name Wastewater System Improvements Project Project Fund Fund Name Previous Ordinance or Resolution # 108-03 Original Contract Date: 15 -Jul -03 Original Contract Number: # 912 Received in City Clerk's Office Received in Mayor's Office EN ER /1:.? Mayor ate merits: This constructirao proiectj scheduled to start on T -T 00 Ia.. 5% ayeFttv1e City Council Meeting of May 3, 2005 5IQGk- CITY COUNCIL AGENDA MEMO To: Mayor and City Council fld� From: Bob Davis, P.E., Water & Wastewater Director Date: April 15, 2005 Subject: Approval of a contract amendment for Black & Veatch to provide Construction Phase Services dealing with the construction and post - construction activities associated with the Noland Wastewater Treatment Plant headworks and solids handling improvements. RECOMMENDATION: I recommend approval of this contract amendment. This recommendation was preceeded by a thorough review of proposed tasks presented by Black & Veatch 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 included with this memo. Black & Veatch 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 (Black & Veatch). Black & Veatch design and bidding services regarding the Noland Plant have been conducted in a timely, professional manner and we have every reason to believe that this track record will continue throughout construction and post - construction phase activities. BACKGROUND: As part of the Wastewater Systems Improvement Project (WSIP) the City of Fayetteville has undertaken a major renovation and expansion of the existing Noland Wastewater Treatment Plant including improvements to the headworks and solids handling factilities. Improvement briefs are provided in the following two paragraphs. Solids Handling Facilities Improvements include construction of a new two-story sludge dewatering building. The dewatering equipment will be located on the second story to allow for easy sludge loading to the truck drive -through below. The equipment within the building will include a new conveyance system with dewatered cake loadout facilities that will be used to load trucks; a ferric chloride storage and feed system to be used at the belt filter presses for hydrogen sulfide control; and an odor control system for the dewatering building including cake -loading areas. Headworks Improvements Improvements include three new flow control structures, a new screenings facility, a new grit removal system, plant flow monitoring, upgrades to the existing influent pump station, a second influent pumping station, replacement of sludge pumps and denitrification pumps, repair of concrete on existing basins, odor control improvements, a -7 Nliiy it9M - yeFttvi1e City Council Meeting of May 3, 2005 new gravity belt thickener with associated appurtenances, repairs to the existing building's exterior facing and roof, and other miscellaneous improvements. DISCUSSION: This is the first project to be constructed in the Wastewater System Improvements Project (WSIP) and all systems are "go". Archer Western was previously awarded the construction contract for the Noland Plant improvements. Construction Contracts have been signed and bonds, insurance, and all other required pre -construction documents have been submitted, reviewed, and approved. To date, a variety of shop drawings have been submitted by Archer Western and review of these will begin in an expeditious fashion by Black & Veatch upon this approval by Council. A pre - construction meeting has been scheduled for May 4, 2005 at the Noland Wastewater Treatment Plant at which time a May 16, 2005 Notice To Proceed will be issued to the General Contractor, Archer Western. One of the primary discussions during the pre -construction meeting will be project phasing and coordination between the contractor (Archer Western), plant operations staff (OMI), and the resident engineer (Black & Veatch) regarding ties -ins between the new and old systems to guarantee that continuous plant operation will not be jeopardized during construction. Additional important pre -construction meeting topics will include thorough discussions of safety, security and liability issues. The City of Fayetteville Water & Wastewater staff, OMI, and Black & Veatch have conducted previous, thorough discussions concerning all of these topics. 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 $1,478,000.00 requested for these services is 1.18% of the $125,000,000.00 budget allocated for the Wastewater System Improvements Project. 0 BLACK & VEATCH building a world of difference - ENERGY . WATER . INFORMATION . GOVERNMENT City of Fayetteville Noland WWTP Improvements CPS Amendment Mr. Bob Davis Acting Director of Utilities City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Dear Mr. Davis: s • B&V Project 135045.400 B&V File B-1.1 February 23, 2005 We have revised our proposed contract for the Construction Phase Services Contract dealing with the construction and post -construction activities associated with the Noland improvements using the basis discussed at our meeting of February 15, 2005. We made the following changes to the document: 1. We eliminated the $50K contingency for out -of -scope items. Through the discussions at the meeting, it is our understanding that the City routinely adds an amount to cover minor unforeseen conditions with contract approval. 2. We have reduced the billing rate of the RPR to $110/hour. We, of course, also changed RPR's to coincide with this billing rate. The resume of the proposed RPR is enclosed. This amounted to a reduction of $114.5K but necessitated several other changes in (a) brought all shop drawings back to KC and (b) increased office administrative effort. 3. The last major change is with the O&M Manual, Start-up, and Training. Based on discussions at our meeting and a subsequent telephone conversation with Mr. Ammons, this effort has been reduced by $120K. 4. Other minor adjustment. The total for the CPS contract now totals $1.478 M. Black & Veatch Corporation • 8400 Ward Parkway • P.O. Box 8405 • Kansas City, MO 64114 USA • Telephone: 913.458.2000 C:1Cygnet1Cach011350451Updated 2-2005 Construction SBAB1APhase EP -21.x15 Owner: City of Fayetteville, Arkansas Project Noland Wastewater Treatment Plant Improvements - EP -2 Services: Construction Phase Services and Resident Engineering 7 PHASE PHASEITo.k Subtotal TOTAL COST oundodnar.ri $100 SUBTOTAL. hours SUBTOTAL Bllib91 SUBTOTAL, EXPENSES SUBTOTAL, SUBCONTRACTS wI mullpll.r 1.06 a llilllfl9 Rat., $M,. rt APPENDIX C. CONSTRUCTiON PHASE SERVICES C.1 GENERAL C.2 C.2f M.nag.mnt funsuon. 400 386 44 518 5 44,516 C.3 SITS. Support 5.rvkn C.3.1 Insurance C.rtmcab. 410 4 f 848 $ $ 648 C.3.2 InIWl con.vucUon Scn.8W. 410 28 $ 7742 S $ f 3,342 C.3.Ll EANEng F.cllity Conthlou. Op.ra0on 410 54 8 810 f S 6,050 C.3.22 UPd.t.d Coo 6 lion Sch.dul.. 410 86 f 11 202 f 15,202 0.3.2 R.vlow Schedol. o/ VIA.. and P.ynl.nt scn.dul.. 410 22 S 2 694 f $ 2,694 C.3.4 R.vl.w Go.ranun, Bond., T.. 410 116 5 16 760 f f 16.760 t1 C.3.5 R.vlow,Drawino. and Data.sb,IC.E by Con4..W, 410 2,680 L.22 f 273,020 C.3.6 Interpret Con0.ct Dopumnl.I RFI. 410 1,206 S 143 938 f 143,938 C.3.7 Ravlsw ApplkaUon. for P.ymnt 410 214 $ 21 690 21,690 0.3.9 Prep.r. Routh. Chang. Old.,. 410 326 S 40 868 f $ 40,808 0.3.9 Provld. Monthly Progm. R.port. 410 120 18 720 S 18,720 0.3.10 Review Orpu.1 r.4u..I 410 96 S 11 968 11,568 C.3.11 R.vlaw E4ulp. Martin. 0 8-M mnu.la -410 ' 272 27 498 23,496 c.3.13 Provld. data to Program M.na9nlorw.b.II 411 66 1 6916 $ It 6,936 0.4 FI.Idsupport-84rvkn'.'. .. .. _ CAI Pre{on.wcUon Conf.r.no. 420 62 $ 8040 f 630 f f 7 370 CA2 Conduct Monthly P1091.µ M..Un$. 420 440 N_57.66 I 28,350 $ 88046 tO C.4.3 Co. Make P.rlodlc Sit. VI.IM I mvnt Unforn.n condlEona I Acceptability CAA cl.lm.l rronn.nc. bat data. 420 924 S11,.152 162 S 59,130 127,292 C.4.7 Bubabntlal CompMbnln.pacibn 420 104 $, 11898 $' ,1420 13,416 CAB Final Compl.Uon bbp.ctbn 420 44 4 940 1,420 S 6,360 Subtotal Noun 1,288 aS867.600 Subtotal Blllin9. $ 820 232 f 46,850 i $ 067,087 APPENDIX D -POST CONSTRUCTION PHASE D.1 0.1.1 Pr.p.r R.00rd Sat of O,wings 600 $70 961.352 5 2.000 63.362 ,a D.2 0.21 ProVMs up to 100houreoonulrg for Iy. rpartonn'..rerw 610 100 S 16050 S 16,050 Subtotal Moue 670 Subtotal 8Ie1n0. 412 f 2,000 f f 79,412 $ 79,000 APPENDIX 6- RESIDENT PROJECT REPRESENTATIVE E.1 thou E.8 Tub 450 3,360 S 369600 $ 10000 379600 E1 GENERAL 450 $ $ $ sa E.2 SITE OBSERVATIONS AND LIAISON 450 $ $ S $ E.3 OUTSIDE LIAISON AND PUBLIC INFORMATION SERVICES 450 $ It S f E.4 MEETINGS, REPORTS AND DOCUMENT REVIEW 450 $ $ S n. 6.3 ASSIST WITH SUBSTANTIAL COMPLETION 450 S f f EN ASSIST WITH FINAL COMPLETION 40 E7 P00015. F1.18 T..Ung S.011o.. through .ubcontnctor 451 $ S 02,500 52 500 Subtotal Houre 3,385 ta Sublobl Biking, 0369,600 $ 10000 f 62,500 $ 432,100 S 432,100 APPENDIX I'. O&M MANUAL I START UP I TRAINING 500 F.18F.2 O8M MANUAL AND PROCESS DESCRIPTION DOCUMENT 600 .553 84159 $ 8 64,169 F.3 Startup and TraInIng Barvk.. F.3.1 G.no,.I F.3.2 Training F.3.Ll 1.lb Wal tobnom. hmlll.r withplant 600 $ 710 8 8 710 F.3.2,2 Dn.lop pr..WWp 5.10109 Prosnm. 600 F-3.2.3 Prepare training m.1.Ml. for barring program 500 F.2 Starolp'. 600. U.InNP •..._ " 500 7 - - 831- $ 831 F.2.2 R.vIny Contnptore SU Plan 608' 760 S 25440 ' $ 25,448 6,2.3 PruvM. 160 houn of on.W plant.tartuP anbtanc.l2 Wp.) 000 S $ 710 f 710 rcr F.2.4 Bipnnntnand review odorcntrol b.Un9 600. 46 S 6876 S 8875 subtotal Noun 788 213 ,y Subtota1619Mp. $ .97105- $ 1420 $ $ 98625 $ 98600 SECTION 7 -ADDITIONAL SERVICES AddlUon.I Service. Altow.no. 700 =. B tw Subtotal Hour. Subtotal Bllimg. S It S S TOTAL HOURS - ALL PHASES 12,082 TOTAL BILLING - ALLPNABES 1 364 349 f 60,270 S 02,000 5 1,477,119 TOTALBILUNO-AILPNASES $ 1,478,000 F.yab vDo, AR CPS - Phna I Cygnet: 135045 Management / Marketing Information / Proposals Folder 2112120083:73 PM loll Updated 2-2005 Construction Services Budget Phase EP -21.x11 •• •• RESOLUTION NO. A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH BLACK & VEATCH CORPORATION TO PROVIDE CONSTRUCTION AND POST CONSTRUCTION SERVICES FOR THE NOLAND WASTEWATER TREATMENT PLANT IN A NOT TO EXCEED AMOUNT OF $1,478,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1 to the Agreement for Professional Services with Black & Veatch Corporation to provide construction and post construction services for the Noland Wastewater Treatment Plan in a not to exceed amount of $1,478,000.00. The City Council authorizes Mayor Coody to sign this Amendment No. 1 (attached as Exhibit "A"). PASSED and APPROVED this 3rd day of May, 2005. APPROVED: DAN COODY, Mayor ATTEST: Li SONDRA SMITH, City Clerk •• 0• AMENDMENT NO. I TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND BLACK AND 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 - Headworks and Solids Handling Improvements - Contract EP -2 (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 Construction Phase; Resident Services During Construction; O&M Manual Preparation, Startup, Training; and Post -Construction Phase 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, is hereby amended in the following particulars: SECTION 2- BASIC SERVICES OF BLACK & VEATCH 2.4 Construction Phase 2.4.1 Delete APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to this Amendment No. 1. 2.5 Post -Construction Phase. 2.5.1 Delete APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE attached .to this Amendment No. 1. Amendment No I - CPS reduced.doc Based on: CPS Amendment-Standard.doc received 10/8/2004 092804 Last printed 2/23/2005 2:23 PM •• •• 2.6 Resident Services During Construction 2.6.1 Delete APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX E - SCOPE OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE attached to this Amendment No. 1. 2.7 O&M Manual Preparation and Training and Startup Services During Construction Phase 2.7.1 See APPENDIX F for SCOPE OF SERVICES FOR OPERATIONS AND MANUAL PREPARATION SECTION 3- ADDITIONAL SERVICES OF BLACK & VEATCH Add the following tasks to SECTION 3- ADDITIONAL SERVICES OF BLACK & VEATCH: 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 BLACK & VEATCH. 3.1.10 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 Visits to the construction site or to CITY OF FAYETTEVILLE's location in excess of the number of such trips and the associated time set forth in Appendices C, D, E and F. Amendment No 1 - CPS reduced.doc 2 092804 Last printed 2/23/2005 2:23 PM 00 0 • 3.1.17 Special reports as requested by CITY OF FAYETTEVILLE concerning facility operation and personnel matters during the startup period. 3.1.18 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. 3.1.19 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. 3.1.20 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 by more than sixty days, (5) default by any Contractor, and (6) failure of the Contractor to complete the work within the construction contract time. 3.1.21 Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 3.1.22 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 onsite personnel. 3.1.23 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or others in connection with the work. 3.1.24 Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor(s) or others in connection with the work. 3.1.25 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 work week. Amendment No I - CPS reduced.doc 3 092804 Last printed 2/23/2005 2:23 PM r 3.1.26 Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.27 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. 3.1.28 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.1.28.1 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. 3.1.28.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. 3.1.29 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. 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 BLACK & VEATCH 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 schedule: Construction Phase Services, Resident Project Representative Services O&M Manual Preparation and Amendment No I - CPS reduced.doc Twenty seven months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE Complete within 180 days of 4 092804 Last printed.2/23/2005 2:23 PM M Startup and Training Post Construction Phase Services, Contractor's Substantial Completion Within 90 days of Completion of the one year period of operation CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond May 1, 2005. 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. BLACK & VEATCH 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. SECTION 6- PAYMENTS TO BLACK & VEATCH 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 BLACK & VEATCH the amounts indicated for each phase of the work. The total payment to BLACK & VEATCH shall not exceed One Million Eight Hundred Seventy Thousand Dollars ($1,478,000) except as provided for in Section 3 of the Agreement. The total payment is based on compensation amounts presented in the following table to the scopes of services set forth in this Amendment No. 1. Amendment No I - CPS reduced.doc 5 092804 Last printed 2/23/2005 2:23 PM w w Service Item(s) Amount Appendix C — Construction Phase Services $867,800 Appendix D - Post -Construction Services $79,500 Appendix E - Resident Project Representative $432,100 Appendix F - Operation & Maintenance Manual and Process Description, Start -Up and Training Services $98,600 Total Not -to -Exceed Amount $1,478,000 Subject to prior City Council approval, adjustment of the compensation may be made should BLACK & VEATCH 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. 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 BLACK & VEATCH'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 BLACK & VEATCH 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. 092804 Amendment No I - CPS reduced.doc 6 Last printed 2/23/2005 2:23 PM M Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following: 6.1.3 Construction Phase Services For the Scope of Services during the Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $867,800 unless amended in accordance with Paragraph 6.1.7. 6.1.4 Post -Construction Phase Services For the Scope of Services during the Post -Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $79,500 unless amended in accordance with Paragraph 6.1.7. 6.1.5 Resident Project Representative Services During Construction Phase For the Scope of Services during the Resident Project Representative Services During Construction Phase described herein,. CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $432,100 unless amended in accordance with Paragraph 6.1.7. 6.1.6 O&M Manual Preparation and Training and Startup Services During Construction Phase For the Scope of Services during the O&M Manual Preparation and Training and Startup Services During Construction Phase described herein, CITY OF FAYETTEVILLE shall pay the sum not to exceed $98,600 unless amended in accordance with Paragraph 6.1.7. 6.1.7 Additional Services. For authorized Additional engineering services under Section 3, "Additional Services", compensation to BLACK & VEATCH shall be negotiated at the time Additional Services are authorized. 6.1.8 The CITY OF FAYETTEVILLE agrees that the BLACK & VEATCH's not -to -exceed upper limit for this Amendment No. 1 is based on the durations indicated in Section 5.3 Amendment No I - CPS reduced.doc 7 092804 Last printed 2/23/2005 2:23 PM S. ft - 6.1.8.1 6.1.8.2 of this Amendment No. I and if the construction period or operation period is extended that the BLACK & VEATCH shall be entitled to additional compensation. Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining payment to BLACK & VEATCH for the costs incurred by BLACK & VEATCH 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 hourly billing rates are included as Appendix G to this Amendment. The following direct expenses are considered reimbursable and are included in the not to exceed amount. 6.1.8.2.1 Travel, subsistence, and incidental costs. 6.1.8.2.2 Use of motor vehicles on a rental basis for assigned vehicles and on a mileage basis or rental cost basis for vehicles used for short periods. Mileage basis shall not exceed 40 cents per mile. 6.1.8.2.3 One-way moving costs to project for Resident Project Representative. 6.1.8.2.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.2.5 Subcontract costs times 1.05. 6.1.8.3 The following direct expenses are also considered reimbursable and are not a part of the not to exceed amount. 6.1.8.3.1 Charges of special consultants requested by CITY OF FAYETTEVILLE. 6.1.8.3.2 Special insurance coverage required by CITY OF FAYETTEVILLE. 6.1.8.3.3 Local taxes or fees applicable to the engineering work or payments therefore. Amendment No I - CPS reduced.doc 8 . 092804 Last printed 2/23/2005 2:23 PM h so 6.1.8.3.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.4 It is understood and agreed that the not to exceed cost is based on the start of the services being authorized not later than May 1, 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 the Agreement. 6.1.8.5 It is understood and agreed that BLACK & VEATCH 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. 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 BLACK & VEATCH CORPORATION Title: END OF AMENDMENT NO. I TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Amendment No I - CPS reduced.doc 9 092804 Last printed 2/23/2005 2:23 PM CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE This is Appendix C, consisting of 4 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Construction Phase. C.1. General By performing these services, BLACK & VEATCH 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. BLACK & VEATCH 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 BLACK & VEATCH are as follows: C.2. Management C.2. 1. BLACK & VEATCH's management functions required to successfully complete services to be provided under this Agreement, including all project correspondence with the CITY OF FAYETTEVILLE, consultation and coordination with the Program Manager, supervision and coordination of the services provided by BLACK & VEATCH including scheduling and assignment of personnel, invoicing, and continuous monitoring of the progress of the services. C.3. Office Support Services During Construction C.3.1. Receive the Contractor's insurance certificates and forward to Program Manager for review and acceptance by the CITY OF FAYETTEVILLE's legal counsel. C.3.2. Review and comment to Program Manager on the Contractor's initial and updated construction schedule(s) if requested by Program Manager. BLACK & VEATCH's review shall be for general conformity of the to the provisions of the contract documents, to determine if the Contractor's construction schedule and activity sequence include the completion dates, construction sequencing for any special conditions (such as the ability of the CITY OF FAYETTEVILLE to keep the existing Amendment No I - CPS reduced.doc Appendix C -I 092804 wastewater treatment plant in operation during construction). BLACK & VEATCH'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. C.3.3. Review and comment to Program Manager on the Contractor's initial schedule of values and schedule of estimated monthly payments. C.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 Program Manager. BLACK & VEATCH'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. C.3.5. Review drawings and other data submitted by the Contractor as required by the construction contract documents. BLACK & VEATCH'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. C.3.6. Interpret construction contract documents when requested. Requests for interpretations, clarifications or information shall be in writing through the Program Manager. Responses to Contractor shall be through the Program Manager. C.3.7. Review Contractor's applications for payment and supporting data, determine the amounts owed to Contractor, and recommend to Program Manager, in writing, approval of all payments to Contractor in accordance with the Contract Documents. BLACK & VEATCH's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request. C.3.8. Prepare routine Change Orders as required and submit to Program Manager. 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 Program Manager of the performance by the parties thereto, and make recommendations to Program Manager 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 BLACK & VEATCH shall not be liable for the results of any such interpretations, opinions, recommendations, or decisions rendered by BLACK & VEATCH 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 Amendment No 1 - CPS reduced.doc Appendix C-2 092804 Last printed 2/23/2005 2:23 PM S. related to unusually complex or unusually numerous claims are considered an Additional Service. C.3.9. Provide monthly progress reports to CITY OF FAYETTEVILLE and Program Manager. C.3.10. Review and make recommendations regarding "or equal" submittals in accordance with Construction Contract General Conditions. C.3.1 1. Provide to the Program Manager, in a format acceptable to the Program Manager, 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 and review the activities; materials; and financial status of the project. Update the data supplied to the Program Manager when requested. C.4. Field Support Services During Construction C.4.1. Conduct the preconstruction conference. BLACK & VEATCH shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction conference will include a discussion of the Contractor's tentative schedule, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical construction sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. C.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 Program Manager and the Contractor concerning problems and/or progress of the construction. A total of twenty seven (27) meetings are anticipated. C.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. It is anticipated that twenty four (24) separate onsite visits will be required. The level of effort is anticipated to require 16 person hours per trip. A written report summarizing discussions, site observations, and periodically established objectives shall be provided to Program Manager for distribution. C.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 through Program Manager C.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 Amendment No I - CPS reduced.doc Appendix C-3 092804 Last printed 2/23/2005 2:23 PM N contract documents. Submit written conclusions to CITY OF FAYETTEVILLE through Program Manager. C.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 through Program Manager. C.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 through Program Manager. It is anticipated that BLACK & VEATCH's project personnel will require a total of two staff persons for one two-day inspection trip. C.4.8. Conduct a final inspection to determine if the construction is completed. BLACK & VEATCH shall submit written results to Program Manager and provide written recommendations concerning final payment to Program Manager, including a list of items, if any, to be completed prior to making such payment. It is anticipated that the BLACK & VEATCH's project personnel will require a total of one staff person for one two-day inspection trip. 092804 123/2005 2:23 PM CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE This is Appendix D, consisting of one page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Post -Construction Phase. D. General D.1. BLACK & VEATCH agrees to provide the following services after completion of the project. The project is identified as the Noland WWTP Improvements, Headworks and Solids Dewatering, Contract EP -2 and defined in the construction documents prepared by BLACK & VEATCH. D. 1.1. Prepare, after completion of construction and prior to the final inspection by the Arkansas Soil and Water Conservation Commission, if any, a Record Set of construction drawings based the construction records maintained and submitted by Contractor and Resident Project Representative. Record Set of construction drawings shall be provided in electronic CADD files. D.2. Consultation BLACK & VEATCH agrees to make available the services of design team members for consultation. D.2. 1. Provide one year performance review and submit written conclusions to CITY OF FAYETTEVILLE. Prior to expiration of the warranties, meet with the CITY OF FAYETTEVILLE and conduct an on -site performance review to determine if the performance provisions of the contract documents have been met. It is anticipated that that up to 100 hours will be required. Amendment No I - CPS reduced.doc Appendix D-1 092804 40 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX E - RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE This is Appendix E, consisting of 5 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Resident Project Representative Services During Construction. E.1. General BLACK & VEATCH will furnish up to 3,360 hours of 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 superin- tendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of BLACK & VEATCH. 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: E.2. Site Observations and Liaison with Program Manager and Contractor E.2.1. Conduct on -site observations of the general progress of the work to assist BLACK & VEATCH in determining if the work is proceeding in accordance with the construction contract documents. E.2.2. Serve as BLACK & VEATCH's liaison with the Contractor and assisting BLACK & VEATCH in providing interpretation of the construction contract documents. E.2.3. Assist BLACK & VEATCH in serving as CITY OF FAYETTEVILLE's liaison with the Contractor when the Contractor's operations affect CITY OF FAYETTEVILLE's on -site operation. Amendment No 1 - CPS reduced.doc Appendix E-1 092804 E.2.4. As requested by BLACK & VEATCH, assist in obtaining from CITY OF FAYETTEVILLE additional details or information when required at the jobsite for proper execution of the work. E.2.5. Report to BLACK & VEATCH, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Con- tractor's work and relating to compliance with drawings, specifications, and design concepts. E.2.6. Advise BLACK & VEATCH 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 BLACK & VEATCH or has been not been resubmitted for review if required. E.2.7. Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. E.2.8. Assist in coordinating scheduling of activities to minimize conflicts with CITY OF FAYETTEVILLE's activities. E.2.9. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. E.2.10. Coordinate onsite materials testing services during construction. Copies of testing results will be forwarded to CITY OF FAYETTEVILLE and Program Manager for information. E.2.11. Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to BLACK & VEATCH, as appropriate. E.2.12. Report immediately to BLACK & VEATCH upon occurrence of any accident. E.3. Outside Liaison and Public Information Services E.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 BLACK & VEATCH and Program Manager. E.4. Meetings, Reports, and Document Review and Maintenance E.4.1. Attend the preconstruction conference, and assist BLACK & VEATCH in explaining administrative procedures which will be followed during construction. Amendment No I - CPS reduced.doc Appendix E-2 092804 Last printed 2/23/2005 2:23 PM E.4.2. Attend monthly progress meetings, and other meetings with Program Manager and the Contractor when necessary, to review and discuss construction procedures and construction progress, engineering management procedures, and other matters concerning the project. E.4.3. Submit to BLACK & VEATCH, with a copy to Program Manager, weekly construc- tion progress reports containing a summary of the Contractor's progress including general condition of the work, problems, and resolutions or proposed resolutions to problems. E.4.4. Review the schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with BLACK & VEATCH concerning their acceptability. E.4.5. Report to BLACK & VEATCH 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; and advise BLACK & VEATCH whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval. E.4.6. Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to BLACK & VEATCH, 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. E.4.7. Record date of receipt of shop drawing samples. Receive samples which are furnished at the site by the Contractor, and notify BLACK & VEATCH of their availability for examination. E.4.8. Verify, during the course of the work, that specified certificates, operation and maintenance manuals, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed. E.4.9. 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 BLACK & VEATCH. E.4.10. 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. Amendment No I - CPS reduced.doc Appendix E-3 092804 Last printed 2/23/2005 2:23 PM E.4.11. Maintain the following documents at the jobsite. E.4.11.1 Correspondence files. E.4.11.2 Reports of jobsite conferences, meetings, and discussions among the BLACK & VEATCH, Program Manager, and Contractor. E.4.11.3 Submittals of shop drawings and samples. E.4.11.4 Reproductions of original construction contract documents. E.4.11.5 Addenda. E.4.11.6 Change orders. E.4.11.7 Field orders. E.4.11.8 Work Change Directives E.4.11.9 Requests for Interpretation E.4.1 1.10 Requests for Proposal and Associated Response. E.4.11.11 Additional drawings issued subsequent to execution of the construction contract documents. E.4.11.12 Progress reports. E.4.11.13 Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. E.4.11.14 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 BLACK & VEATCH.. Days the Contractor worked on the jobsite. Number of Contractor and subcontractor personnel on jobsite. Construction equipment on the jobsite. Observed delays and causes. Weather conditions. Data relative to claims for extras or deductions. Amendment No I - CPS reduced.doc Appendix E-4 092804 Last printed 2/23/2005 2:23 PM ti w Construction Activities. Observations pertaining to the progress of the work. Materials received on jobsite. E.5. Assistance with Substantial Completion E.5.1. Assist BLACK & VEATCH in conducting substantial inspection in the company of Program Manager and the Contractor, and prepare a list of items to be completed or corrected. E.5.2. Verify that all items on the list have been completed or corrected, and make recommendations to BLACK & VEATCH concerning acceptance. E.6. Assistance with Final Completion E.6.1. Assist BLACK & VEATCH in conducting final inspection in the company of Program Manager and the Contractor, and prepare a final list of items to be completed or corrected. E.6.2. Verify that all items on the final list have been completed or corrected, and make recommendations to BLACK & VEATCH concerning acceptance. E.7. Field Testing Services E.7.1. Through a subcontract, conduct, evaluate, and report on test and test analyses for equipment and materials, including concrete, masonry, and soil compaction identified in the construction contract documents to be performed by OWNER. Amendment No I - CPS reduced.doc Appendix E-5 092804 Last printed 2/23/2005 2:23 PM CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX F - SCOPE OF SERVICES FOR OPERATIONS AND MANUAL PREPARATION This is Appendix F, consisting of 2 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003. Initial: CITY OF FAYETTEVILLE BLACK & VEATCH The following is the Scope of Services for the Operations and Maintenance Support. F.1. OPERATIONS AND MAINTENANCE TECHNICAL MEMORANDA BLACK & VEATCH will provide an updated design memorandum and the following two technical memoranda: Technical Memorandum 1 - Biological Process Description Document Technical Memorandum 2 - Flow Diversion during Wet Weather Events. F. 1.1. Design Memorandum Update the Design Memorandum to reflect changes made during construction that impact operation of Improvements constructed the Project. F. 1.2. Biological Process Description Memorandum Prepare a document that addresses the handling the reduction in biological loadings anticipated to occur when the new West Side plant is placed in service and part of the. flow that currently goes to the Noland Plant is diverted to the West Side Plant. Impact to the existing biological treatment process, which includes anaerobic, anoxic, oxic basins and secondary clarifiers, will be addressed. F. 1.3. Flow Diversion During Wet Weather Events Prepare a document that addresses the different operating conditions for the 36 inch throttling valve down stream of the Wet Weather Splitter Box. Different flow conditions and by-pass options during wet weather conditions will be addressed. Amendment No 1 - CPS reduced.doc Appendix F-1 092804 N F.1.4. Design Memorandum and Technical Memorandum Review According to the schedule, technical and design memoranda will be submitted to the CITY OF FAYETTEVILLE for review. CITY OF FAYETTEVILLE's comments will be submitted to BLACK & VEATCH within two weeks. F.1.5 Manufacturers Maintenance Manuals The manufacturer's O&M manuals submitted under section 01620 of the construction specifications shall be reviewed and forwarded to CITY OF FAYETTEVILLE. F.2. TRAINING AND START-UP SUPPORT BLACK & VEATCH will provide the following services during start-up and training. F.2.1. Updated Design Memorandum will be used in training operators on intended method of operation for each process. Provide one 2 day trip for training sessions to assist CITY OF FAYETTEVILLE with operation of facilities. F.2.2. 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. .F.2.3. Provide an additional start up and post start up assistance at the request of CITY OF FAYETTEVILLE for up to 160 man hours during the warranty period. Provide up to 4 trips to the site. F.2.4. Review and comment on the Contractor's odor control performance testing procedures. Review and comment on data from the 30 day odor control performance tests conducted by the Contractor. Additionally, BLACK & VEATCH will monitor the performance tests for up to 3 days. Amendment No 1 - CPS reduced.doc Appendix F-2 092804 Last printed 2/23/2005 2:23 PM N CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX G - BILLING RATE SCHEDULE see excel spreadsheet for billing rates table 092804 . -4 C:%Cygnet1Cache11350451Updated 2-2005 Construction Services Budget Phase EP-21.xls • • I B I iD E I F G I H I I J I K I L I M. N 2 Owner: City of Fayetteville, Arkansas 3 Project Noland Wastewater Treatment Plant Improvements - EP -2 4 Services: Construction Phase Services and Resident Engineering PHASE Subtotal TOTAL COST SUBTOTAL, SUBTOTAL SUBTOTAL, SUBTOTAL, hours Billing $ EXPENSES SUBCONTRACTS w/ rounded nearest $100 multiplier 7 PHASE/Task 1.05 a (Billing Rate, $/Hr.) 1s APPENDIX C - CONSTRUCTION PHASE SERVICES 1e C.1 GENERAL 17 C.2 C.2.1' :: •:.7"'. Management functions 400-..386 .: 44,516 $ - 44,516 C.3 Office Support Services to to C.3.1:.'' .- InsuranceCeNficates 410' 4 $ 648 $ $ 648 20 C.3.2 Initial Construction Schedule 410 26 $ 3,342 $ $ $ 3,342 21 0.3.2.1 - Existing Facility Continous Operation 41054 $ 6,810 $ . $ $ 6,810 22 C.3.2.2 Updated Construction Schedules 410 86 $ 11,202 $ $ $ 11,202 23 C.3.3 Review Schedule of Values' and Payment Schedules 410 22 $ 2,694 $ $ $ 2,694 24 C.3.4 Review Guarantees, Bonds, Tests 410 116 $ 16,760 $ $ $ 16,760 2s C.3.5 Review. Drawings and:Data-submitted by Contractor 410. 2.680 $ 273,020 :$ $ $ 273,020 26 C.3.6 Interpret Contract Documents I Rfls 410 1,256 $143,938 $ $ $ 143 938 27 C.3.7 Review Applications for Payment 410 214 ' $ 21 690 $ $ 21 690 28 C.3.8 Prepare Routine Change Orders 410 326 $ 40 858 $ $ $ 40 858 2e C.3.9 Provide Monthly.Progress Reports 410 120 $ 18 720 $ $ $ 18 720 30 C.3.10 Review Or -equal requests 410 96 $ 11 968 $ $ $ 11 968 31 C.3.11 Revlew.Equlp..Manuf. O.& M manuals 410 272. '$, 23 496 $ $ $ 23 496 32 C.3.12 Provide data to Program Manager for website 411 56 $ 6 936 $ $ $ 6 936 C.4 Field Support Services.'.,_. 33 34 C.4.1 Pre -Construction Conference 420 52 $ 6 840 $ 530 $ $ 7 370 3s C.4.2 Conduct Monthly Progress Meetings 420 448 $ . 57 696 $__28,350 $ $ 86 046 C.4.3 thru Make Periodic Site Visits / Invest Unforeseen conditions I Acceptability 420 36 C.4.6 claims I performance test data. 924 $ 112 162 $ 15130 $ $ 127 292 C.4.7 ' Substantial :Completion Inspection 420' ` 104'. $. 11996 $: -�1 420$ $ 13416 39 C.4.8 Final Completion Inspection 420 44 $ 4 940 $ 1 420 $ $ 6 360 40 Subtotal Hours 7,286 0, Subtotal Billings $ 820,232 $46,850 $ $ 867,082 $ 867,800 43 APPENDIX D - POST CONSTRUCTION .PHASE a4 0.1 D.1.1 PrepareRecord Set of Drawings 600 570 61 362 2 000 63,362 45 D.2 D.2.1 Provide up to 100 hours consult'g for 1 year perform'ce rev'w 610 100 $ 16 050 $ $ 16 050 47 Subtotal Hours 670 46 Subtotal Billings - . .. $ 77,412 $ 2,000 $ $ 79,412 $ 79,500 so APPENDIX E - RESIDENT PROJECT REPRESENTATIVE E.1 thru E.6 Tasks) 450 3,360 $369,600 $ 10 000 $ $ 379 600 51 E.1 GENERAL 450 $ $ $ $ 52 E.2 SITE OBSERVATIONS AND LIAISON 450 $ $ $ $ as E.3 OUTSIDE LIAISON AND PUBLIC INFORMATION SERVICES 450 $ $ $ $ 67 E.4 MEETINGS, REPORTS AND DOCUMENT REVIEW 450 $ $ $ $ 76 E.6 ASSIST WITH SUBSTANTIAL COMPLETION 450 $ $ $ $ a2 E.6 ASSIST WITH FINAL COMPLETION 450 es E.7 Provide. Field Testing Services through subcontractor 451 $ $ $ 52 500 $ 52 500 67 Subtotal Hours 3,360 88 Subtotal Billings $ 369,600 $ 10 000 $ 52,500 $ 432,100 $ 432,100 90 APPENDIX F - O&M MANUAL / START UP / TRAINING 500 F.1 & F.2 O&M MANUAL AND PROCESS, DESCRIPTION DOCUMENT 500 e1 553 $ 64159 $ $ $ 64 159 F.3 Startup and Training Services F.3.1 General 92 F.3.2 -. Training. - -' 93 F.3.2.1 Conduct site visit to become familiar with plant 500 s4 $ $ 710 $ $ 710 F.3.2.2 Develop.pre-etartup training program. 500 es $ $ F.3.2.3 Prepare training materials for training program 500 ee $ $ $ $ F.2 Startup :500:. F.2.1 Training' 500 ' se 7 $ 831 $ $ $ 831 F.2.2' Review Contractors Sll Plan . 500 ee 160 $ 25 440" $ $ $ 25 440 F.2.3 Provide 160 hours of onsite plant startup assistance (2 trips) 500 too- $ $ 710 $ $ 710 F:2.4 Represent at review odor control testing 500 ' ` 101 46 $ 6 675 $ $ $ 6 675 Subtotal Hours 103 766 $ 213 to Subtotal Billings s_-97,105 i ______1,420 $ $ 98 625 $ 98 600 1 SECTION 7 -ADDITIONAL SERVICES 107 Additional Services Allowance .. `. 700 $ $` $ toe Subtotal Hours tto Subtotal Billings . 113 TOTAL HOURS -ALL PHASES 12,082 114 TOTAL BILLING - ALL PHASES 1,364,349 $ 60 270 $ 52,500 $ 1,477,119 11s TOTAL BILLING - ALL PHASES $ 1 478 000 Fayetteville, AR CPS - Phase 1 2/22/20053:33 PM Cygnet: 135045 Management / Marketing Information / Proposals Folder 1 of 1 Updated 2-2005 Construction Services Budget Phase EP -21 xis From: Bob Davis To: Pearman, Clarice Date: 5/12/05 2:50PM Subject: Re: Black& Veatch Agreement They are sending 6 originally signed agreements today. I will walk them to you as soon as I get them which I think will be Monday. Bob Davis, P.E., CHMM Water & Wastewater Director City of Fayetteville, AR 113 West Mountain Street Fayetteville, AR 72701 Off.: 479-575-8318 Cell: 479-601-3507 >>> Clarice Pearman 05/12/05 11:21AM >>> Bob, Please let me know when I might expect to receive a signed agreement for the mayor's signature for the resolution passed by City Council May 10, 2005. Thanks. Clarice Clarice Pearman - Black & Veatch Agreem Page iii From: Clarice Pearman To: Davis, Bob Date: 5/12/05 11:21AM Subject: Black & Veatch Agreement Bob, Please let me know when I might expect to receive a signed agreement for the mayor's signature for the resolution passed by City Council May 10, 2005. Thanks. Clarice David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts N/A- Mayor's Approval City Council Meeting Date Wastewater System Impry Project Division wl5 • G lg/o17 ARCHIVED y,jc, Coa. Water/Wastewater Department Action Kequirea: proval of Change Order Number 2 to the Engineering contract with Black and Veatch, Inc., amending the scope of rk with no change to the contract cost, for Design and Construction Phase Services of the Noland Wastewater :atment Plant Renovations, Wastewater System Improvement Project Subprojects EP -1 through EP -4. Cost of this request 4480.9480.5314.00 Account Number 02133-0001 Project Number Budgeted Item !DepaDepaftr ent Di ector /1) City Attorney $ 99,013,095 Category / Project Budget $ 70,580,608 Funds Used to Date $ 28,432,487 Remaining Balance Budget Adjustment Attached Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name Previous Ordinance or Resolution # Date Original Contract Date: Original Contract Number (I5(o7 a7 Date 108-0 95-05 7/15/03;5/10/05 912 • 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 Black and Veatch, Inc., amending the scope of work with no change to the contract cost, for Design and Construction Phase Services of the Noland Wastewater Treatment Plant Renovations, Wastewater System Improvement Project Subprojects EP -1 through EP -4 RECOMMENDATION Staff recommends approval of Amendment Number 2 to the Engineering contract with Black and Veatch, Inc., amending the scope of work with no change to the contract cost, for Design and Construction Phase Services of the Noland Wastewater Treatment Plant Renovations, Wastewater System Improvement Project Subprojects EP -1 through EP -4. BACKGROUND This project involves design, construction phase services, and post -construction evaluation services for the renovations to the Noland Wastewater Treatment Plant. The original design contract was awarded in July 2003; the construction and post construction phase services amendment (Amendment 1) was approved in May 10, 2005. DISCUSSION This amendment is required in order to reflect changes in the scope of work of the construction phase services portion of the contract. Amendment 1 to this contract, negotiated by Bob Davis in and approved by the City Council in May 2005, only addressed construction phase services for the Archer Western construction contract EP -2, headworks and solids handling renovation. It did not allow for construction phase services for the other projects, EP -1 (wet weather improvements) and EP -3 (effluent pump station). However, due to efficiencies resulting from the City's modified WSIP management process and since Archer Western Contractors project has been executed very smoothly, there are sufficient savings to cover costs of the remaining construction phase services for EP -1 and EP -3. Work on the Noland WWTP is proceeding very well, with the Archer Western contract (EP -2) having reached substantial completion the week of 5 June. EP -1 has been bid; work shall begin in two weeks. Staff expects that there will be future savings in the Engineering aspects of these projects as they near completion. The 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. BUDGET IMPACT No change. Black and Veatch Noland Chg Ordr 2 CCMerno Jun07 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND BLACK AND 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 Construction Phase; Resident Services During Construction; O&M Manual Preparation; and Post -Construction Phase 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 and Addendum No. I dated September 20, 2005, is hereby amended in the following particulars: SECTION 2- BASIC SERVICES OF BLACK & VEATCH 2.1 Construction Phase 2.1.1 Delete APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to this Amendment No. 2. 2.2 Post -Construction Phase. Amendment No 2 - CPS EP -I EP-3.doc 135045 Last printed 6/11/2007 8:57 AM Based on: CPS Amendment-Standard.doc received 10/8/2004 • 2.2.1 Delete APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE attached to this Amendment No. 2. 2.3 Resident Services During Construction 2.3.1 Delete APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX E - SCOPE OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE attached to this Amendment No. 2. 2.4 O&M Manual Preparation Phase 2.4.1 See APPENDIX F for O&M MANUAL PREPARATION. SECTION 3- ADDITIONAL SERVICES OF BLACK & VEATCH Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH: 3.1.1 Additional meetings with local, state, or Federal agencies to discuss project. 3.1.2 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 BLACK & VEATCH. 3.1.3 Appearances at public hearing meetings or before special boards. 3.1.4 Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this amendment. 3.1.5 Special consultants or independent professional associates requested by CITY OF FAYETTEVILLE. 3.1.6 Preparation for litigation, or other legal or administrative proceedings; and appearances in court in connection with change orders or construction incidents. 3.1.7 Engineering assistance to CITY OF FAYETTEVILLE for and during negotiation meetings. 3.1.8 Observing factory tests and field retesting of equipment that fails to pass the initial test. Amendment No 2 - CPS EP -1 EP-3.doc 2 135045 Last printed 6/11/2007 8:57 AM �J 3.1.9 Visits to the construction site or to CITY OF FAYETTEVILLE's location in excess of the number of such trips and the associated time set forth in Appendices C, D, E and F. 3.1.10 Special reports as requested by CITY OF FAYETTEVILLE concerning facility operation and personnel matters during the startup period. 3.1.1 1 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. 3.1.12 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. 3.1.13 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 by more than sixty days, (5) default by any Contractor, and (6) failure of the Contractor to complete the work within the construction contract time. 3.1.14 Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. 3.1.15 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 onsite personnel. 3.1.16 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or others in connection with the work. 3.1.17 Review and analysis of claims for differing subsurface and physical conditions submitted by the Contractor(s) or others in connection with the work. 3.1.18 Provide a resident project representative (RPR) and/or individual RPR(s) compensation. Amendment No 2 - CPS EP -1 EP-3.doc 3 135045 Last printed 6/11/2007 8:57 AM 3.1.19 Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.20 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. 3.1.21 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.1.21.1 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. 3.1.21.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. 3.1.22 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. 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 BLACK & VEATCH 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 schedule: Construction Phase Services EP -1, Resident Project Representative Services Construction Phase Services EP -3, Resident Project Representative Services Amendment No 2 - CPS EP -I EP-3.doc 4 Seven months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE Nine months from time of Notice to Proceed to Contractor by the CITY OF FAYETTEVILLE 135045 Last printed 6/11/2007 8:57 AM O&M Manual Preparation Post Construction Phase Services, Complete within 30 days of Contractor's Substantial Completion Within 90 days of Completion of the one year period of operation CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond June 30, 2007. 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. BLACK & VEATCH 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. SECTION 6- PAYMENTS TO BLACK & VEATCH 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. 2, CITY OF FAYETTEVILLE agrees to pay BLACK & VEATCH the amounts indicated for each phase of the work. A deduction of two hundred thousand dollars ($200,000) shall be taken from the amount allocated for EP -2 in Amendment No. 1. The total payment to BLACK & VEATCH shall not exceed ninety six thousand, eight hundred dollars ($96,800) for Contract EP- 1, and one hundred three thousand, two hundred (103,200) for Contract EP -3, except as provided for in Section 3 of the Agreement. The net total change to the contract amount shall be zero dollars ($0.00). The total payment is based on compensation amounts presented in the following table to the scopes of services set forth in this Amendment No. 2. Amendment No 2 - CPS EP -1 EP-3.doc 5 135045 Last printed 6/11/2007 8:57 AM S • Service Item(s) Amount Reduction of Amendment No. 1, Contract EP -2 ($200,000.00) Wet Weather Improvements EP- I Appendix C — Construction Phase Services $66,300 Appendix D - Post -Construction Services $13,000 Appendix E - Resident Services $16,200 Appendix F - Operation & Maintenance Manual $1,300 Total Not -to -Exceed Amount EP -1 $96,800 Miscellaneous Improvements EP -3 Appendix C — Construction Phase Services $76,500 Appendix D - Post -Construction Services $13,700 Appendix E - Resident Services $10,000 Appendix F - Operation & Maintenance Manual $2,100 Total Not -to -Exceed Amount EP -3 $103,200 Net Total for EP -1, EP -2, and EP -3 $0.00 Subject to prior City Council approval, adjustment of the compensation may be made should BLACK & VEATCH 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. 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 BLACK & VEATCH'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 BLACK & VEATCH and approved by CITY OF Amendment No 2 - CPS EP -1 EP-3.doc 6 135045 Last printed 6/11/2007 8:57 AM • 0 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. Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following: 6.1.3 Construction Phase Services For the Scope of Services during the Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $66,300 for EP -1 and $76,500 for EP -3 unless amended in accordance with Paragraph 6.1.7. 6.1.4 Post -Construction Phase Services For the Scope of Services during the Post -Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $13,000 for EP -1 and $13,700 for EP -3 unless amended in accordance with Paragraph 6.1.7. 6.1.5 Resident Project Representative Services During Construction Phase For the Scope of Services during the Resident Project Representative Services During Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $ 16,200 for EP- I and $10,000 for EP -3 unless amended in accordance with Paragraph 6.1.7. 6.1.6 O&M Manual Preparation and Training and Startup Services During Construction Phase For the Scope of Services during the O&M Manual Preparation and Training and Startup Services During Construction Phase described herein, CITY OF FAYETTEVILLE shall pay the sum not to exceed $ 1,300 for EP- I and $2,100 for EP -3 unless amended in accordance with Paragraph 6.1.7. Amendment No 2 - CPS EP -1 EP-3.doc 7 135045 Last printed 6/11/2007 8:57 AM 6.1.7 Additional Services. For authorized Additional engineering services under Section 3, "Additional Services", compensation to BLACK & VEATCH shall be negotiated at the time Additional Services are authorized. 6.1.8 The CITY OF FAYETTEVILLE agrees that the BLACK & VEATCH's not -to -exceed upper limit for this Amendment No. 2 is based on the durations indicated in Section 5.3 of this Amendment No. 2 and if the construction period or operation period is extended that the BLACK & VEATCH shall be entitled to additional compensation. 6.1.8.1 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining payment to BLACK & VEATCH for the costs incurred by BLACK & VEATCH while providing the services described in this Amendment No. 2. Costs include but not limited to the salaries and benefits paid to employees engaged directly in providing the services and profit. The hourly billing rates are included as Appendix G to this Amendment. 6.1.8.2 The following direct expenses are considered reimbursable and are included in the not to exceed amount. 6.1.8.2.1 Travel, subsistence, and incidental costs. 6.1.8.2.2 Use of motor vehicles on a rental basis for assigned vehicles and on a mileage basis or rental cost basis for vehicles used for short periods. Mileage basis shall not exceed 48.5 cents per mile. 6.1.8.2.3 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.2.4 Subcontract costs times 1.05. 6.1.8.3 The following direct expenses are also considered reimbursable and are not a part of the not to exceed amount. Amendment No 2 - CPS EP -1 EP-3.doc 8 135045 Last printed 6/11/2007 8:57 AM 0 0 6.1.8.3.1 Charges of special consultants requested by CITY OF FAYETTEVILLE. 6.1.8.3.2 Special insurance coverage required by CITY OF FAYETTEVILLE. 6.1.8.3.3 Local taxes or fees applicable to the engineering work or payments therefore. 6.1.8.3.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.4 It is understood and agreed that the not to exceed cost is based on the start of the services being authorized not later than June 30, 2007. 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. 6.1.8.5 It is understood and agreed that BLACK & VEATCH 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. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this 141 day of cu, , 2007. CITY SAS OF FAY EVILL RK g . s y: ;.��..•&IY pc •G�-% Mayor ;� • •cam; FAYETTEVILLE: _ATTEST: q,�ANSP5 ,; By: City Clerk ''cudiuo110% BLACK & VEAT H ORPORATION By: Michael G. Orth Title: Associate Vice President Amendment No 2 - CPS EP -1 EP-3.doc 9 135045 Last printed 6/11/2007 8:57 AM END OF AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Amendment No 2- CPS EP -I EP-3.doc 10 135045 Last printed 6/11/2007 8:57 AM • 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE This is Appendix C, consisting of 3 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003 and Addendum No. I dated September 20, 2005. The following is the Scope of Services for the Construction Phase. C.I. General By performing these services, BLACK & VEATCH 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. BLACK & VEATCH 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 BLACK & VEATCH are as follows: C.2. Management C.2.1. BLACK & VEATCH's management functions required to successfully complete services to be provided under this Agreement, including all project correspondence with the CITY OF FAYETTEVILLE, supervision and coordination of the services provided by BLACK & VEATCH including scheduling and assignment of personnel, invoicing, and continuous monitoring of the progress of the services. C.3. Office Support Services During Construction C.3.1. Receive the Contractor's insurance certificates for review and acceptance by the CITY OF FAYETTEVILLE's legal counsel. C.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. BLACK & VEATCH's review shall be for general conformity of the to the provisions of the contract documents, to determine if the Contractor's construction schedule and activity sequence include the completion dates, construction sequencing for any special conditions (such as the ability of the CITY OF FAYETTEVILLE to keep the existing wastewater treatment plant in operation during construction). BLACK & VEATCH's Amendment No 2 - CPS EP -I EP-3.doc Appendix C-1 135045 review shall not include an analysis of Contractor's approach, means and methods of construction for performing the work specified in the contract documents. C.3.3. Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial schedule of values and schedule of estimated monthly payments. C.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. BLACK & VEATCH'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. C.3.5. Review drawings and other data submitted by the Contractor as required by the construction contract documents. BLACK & VEATCH'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. C.3.6. Interpret construction contract documents when requested. Requests for interpretations, clarifications or information shall be in writing through BLACK & VEATCH. Responses to Contractor shall be through BLACK & VEATCH. C.3.7. Review Contractor's applications for payment and supporting data, determine the amounts owed to Contractor, and recommend to CITY OF FAYETTEVILLE, in writing, approval of all payments to Contractor in accordance with the Contract Documents. BLACK & VEATCH's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request. C.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 BLACK & VEATCH shall not be liable for the results of any such interpretations, opinions, recommendations, or decisions rendered by BLACK & VEATCH 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. Amendment No 2 - CPS EP -1 EP-3.doc Appendix C-2 135045 Last printed 6/11/2007 8:57 AM S S C.3.9. Provide monthly progress reports to CITY OF FAYETTEVILLE. C.3.10. Review and make recommendations regarding "or equal" submittals in accordance with Construction Contract General Conditions. C.4. Field Support Services During Construction C.4.1. Conduct the preconstruction conference. BLACK & VEATCH shall prepare an agenda for the conference, and prepare and distribute minutes. The preconstruction conference will include a discussion of the Contractor's tentative schedule, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical construction sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. C.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 the Contractor concerning problems and/or progress of the construction. A total of seven (7) meetings are anticipated for EP -1 and nine (9) meetings for EP -3. C.4.3. Design team personnel with areas of responsibilities including project management, electrical, and control and instrumentation will make periodic site visits. These site visits will be at intervals appropriate to the stages of construction, 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. It is anticipated that two (2) separate onsite visits will be required for EP -1 and two (2) for EP -3. The level of effort is anticipated to require 16 person hours per trip. C.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. C.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. C.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. C.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. It is anticipated that BLACK & VEATCH's project personnel will require a total of one staff person for one two-day inspection trip for both Contract EP - 1 and EP -3. C.4.8. Conduct a final inspection to determine if the construction is completed. BLACK & VEATCH shall submit written results to Owner and provide written recommendations Amendment No 2- CPS EP -1 EP-3.doc Appendix C-3 135045 Last printed 6/11/2007 8:57 AM concerning final payment to Owner, including a lisi of items, if any, to be completed prior to making such payment. It is anticipated that the BLACK & VEATCH's project personnel will require a total of one staff person for one two-day inspection trip for both Contract EP -1 and EP -3. Amendment No 2 - CPS EP -1 EP-3.doc Appendix C-4 135045 Last printed 6/11/2007 8:57 AM • 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE This is Appendix D, consisting of one page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003 and Addendum No. I dated September 20, 2005. The following is the Scope of Services for the Post -Construction Phase. D. General D.1. BLACK & VEATCH agrees to provide the following services after completion of the project. The project is identified as the Noland WWTP Improvements, Wet Weather Improvements, Contract EP- I and Miscellaneous Improvements, Contract EP -3, and defined in the construction documents prepared by BLACK & VEATCH. D.1.1. Prepare a Record Set of construction drawings based the construction records maintained and submitted by Contractor. Record Set of construction drawings shall be provided in electronic CADD files. D.2. Consultation BLACK & VEATCH agrees to make available the services of design team members for consultation. D.2.1. Provide one year performance review and submit written conclusions to CITY OF FAYETTEVILLE. Prior to expiration of the warranties, meet with the CITY OF FAYETTEVILLE and conduct an on -site performance review to determine if the performance provisions of the contract documents have been met. It is anticipated that that up to 40 hours will be required. Amendment No 2 - CPS EP -I EP-3.doc Appendix D-1 135045 S • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX E - RESIDENT PROJECT REPRESENTATIVE SERVICES DURING CONSTRUCTION PHASE This is Appendix E, consisting of I page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003 and Addendum No. 1 dated September 20, 2005. The following is the Scope of Services for the Resident Project Representative Services During Construction. E.1. General BLACK & VEATCH shall not provide a Resident Project Representative for Contract EP-] or EP -3 Noland WWTP Wet Weather Improvements. E.2. Field Testing Services E.2.1 Through a subcontract, conduct, evaluate, and report on test and test analyses for equipment and materials, including concrete, and soil compaction identified in the 1 WNER. 135045 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX G - BILLING RATE SCHEDULE see excel spreadsheet for billing rates table Amendment No 2 - CPS EP -1 EP-3.doc Appendix G-1 135045 •• • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX F - SCOPE OF SERVICES FOR O&M This is Appendix F, consisting of I page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003 and Addendum No. I dated September 20, 2005. The following is the Scope of Services for the O&M Manual Preparation. F.I. OPERATIONS AND MAINTENANCE MANUAL PREPARATION F.1.1. General BLACK & VEATCH will review the manufacturer's operation and maintenance manuals for new facilities being constructed in Contract EP -1 and Contract EP -3. Specific tasks to be performed by the BLACK & VEATCH to prepare and assemble the facilities operation and maintenance manual for the wastewater treatment facilities are as follows: F.1.2 Operation and Maintenance Manual (1) The maintenance manual will be comprised of the manufacturer's O&M manuals submitted under section 01330 of the construction specifications. (2) Review and organize the manufacturer's the Manufacturer's O&M Manuals. The final approved manuals will be submitted to the City by the Engineer in the manufacturer's 3 -ring binders and a unique CD-ROM in Adobe Acrobat's Portable Document Format (PDF). The PDF files will be indexed using the Table of Contents, searchable with thumbnail generated. Amendment No 2 - CPS EP -1 EP-3.doc Appendix F-1 135045 0 0 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX G — BILLING RATE SCHEDULE This is APPENDIX G, consisting of two pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH dated July 15, 2003 and Addendum No. I dated September 20, 2005. Job Classification Hourly Billing Rate 2007 2008 Principal $217 $225 Project Manager $185 $193 Project Secretary $67 $69 Project Account. $67 $69 Project Engineer $171 $178 Lead Civil Engineer $112 $116 Civil Design Engineer $100 $103 Civil Tech $89 $92 Structural Sr. $161 $167 Structural Engineer $130 $134 Structural Tech $98 $102 Geotech Specialist $151 $156 Architect $123 $127 Architect Tech $95 $98 Architect Drafter $91 $95 Building Mechanical Sr Engr $152 $158 Building Mechanical Engineer $131 $136 Building Mechanical Technician $84 $87 Pump Specialist $178 $185 Process Mech. / Chem Feed Engr $112 $116 Electrical Specialist $159 $165 Electrical Engineer $133 $138 Electrical Technician $112 $116 Electrical Drafting $98 $102 I&C Specialist $154 $160 I&C Engineer $137 $142 Shop Drawings Admin $129 $133 billing rates ep-I.doc Appendix G-1 092804 S Shop Drawings Clerical $56 $58 Process Engr - Odor Control $157 $163 Process Engineer - Liq. Trtmt $168 $174 Operations Specialist $147 $153 Operations Process Engr. $137 $142 Engineer - Writer $137 $142 Engineer - Writer / Mfg Manuals $137 $142 Technical Review $137 $142 Graphics $98 $102 Editor / Word Processing / Clerk $74 $76 Estimator $143 $149 • 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 Impry Project Division Utilities Department Action Required: Approval of no -cost Contract Amendment Number 3 to the engineering contract with Black and Veatch Corporation for Noland Wastewater Treatment Plant phosphorus removal evaluation. Is Cost of this request 4480.9480.5314.00 Account Number 02133.0001 Project Number Budgeted Item XX Category / Project Budget Funds Used to Date $ - Remaining Balance Budget Adjustment Attached Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name 108 RS (p 10 Previous Ordinance or Resolution # =1-0342T-05 Date Original Contract Date: 7115/03; 6/21/05 Original Contract Number: 915 Date `f cJ O . __,. 3 • IP. Ze i Finance and Internal Services Director Date Date b ate Received in City EN Clerk's Office 3D Received in ENiFRE� Mayor's Office Revised January 15, 2009 Zayleev!e KANSAS� To: Mayor Lioneld Jordan ONTRACT REVIEW MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS Thru: Don Marr, Chief of Staff From: David Jurgens, Utilities Director Date: March 10, 2010 Subject: Approval of no -cost Contract Amendment Number 3 to the engineering contract with Black and Veatch Corporation for Noland Wastewater Treatment Plant phosphorus removal evaluation RECOMMENDATION City Administration recommends approval of no -cost Contract Amendment Number 3 to the engineering contract 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 the proposed study of Phosphorus removal alternatives and reflects a proposed 3 -month study period along with coordination of study alternatives and processes with McGoodwin, Williams and Yates, the design engineers for the West Side WWTP. The two firms are combining efforts in this study as both plants will probably ultimately be affected by the new NPDES requirements. BUDGET IMPACT This is a no -cost amendment to the existing B&V 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) 521-1316 113 West Mountain - Fayetteville, AR 72701 B&V Amdmt3 CCMemo 5Mar10 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND BLACK AND 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, and Addendum No. 2 dated June 18, 2007, is hereby amended in the following particulars: SECTION 2- BASIC SERVICES OF BLACK & VEATCH Add APPENDIX H - SCOPE OF SERVICES FOR CONCEPTUAL DESIGN PHASE attached to this Amendment No. 3. SECTION 3- ADDITIONAL SERVICES OF BLACK & VEATCH Add the following tasks to SECTION 3- ADDITIONAL SERVICES OF BLACK & VEATCH: 3.1.1 Any Work requested by the City that is not included in one of the items listed in Work described will be considered a supplemental service. Amendment No 3-1 - Scope of Work -0305 10.doc 1 135045 Based on: CPS Amendment-Standard.doc received 10/8/2004 • 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 BLACK & VEATCH the following items. 4.13 Provide all available treatment process data from the Noland WWTP for the last two years in electronic format. SECTION 5- PERIOD OF SERVICE Add the following tasks to SECTION 5 of Agreement: 5.3 The services described in this Amendment are expected to be completed in accordance with the following schedule: Phosphorus Removal Study 120 calendar days from the approval of Amendment No. 3 by the CITY OF FAYETTEVILLE SECTION 6- PAYMENTS TO BLACK & VEATCH Add the following tasks to SECTION 6 of Agreement: 6.1 Compensation For the scope of services set forth in the fmal design and bidding phase and as may have been amended, plus the Basic Services set forth in this Amendment No. 3, CITY OF FAYETTEVILLE agrees to pay BLACK & VEATCH the amounts indicated for each phase of the work. A deduction of forty six thousand dollars ($46,000.00) shall be taken from the amount allocated for CPS in Amendment No. 1 and No. 2. The total payment to BLACK & VEATCH shall not exceed forty nine thousand dollars and no cents ($49,000.00) for Phosphorus Removal Study. The net total change to the contract amount shall be zero dollars ($0.00). The total payment is based on compensation amounts presented in the following table to the scopes of services set forth in this Amendment No. 3. Service Item(s) Amount Reduction of Amendment No. 1 and No. 2, - ($49,000.00) Contract EP -1, EP -2 and EP -3 Phosphorus Removal Study Amendment No 3-1 - Scope of Work - 030510.doc 2 138636 • 0 Item 1 — Project Administration and Controls $2,500.00 Item 2 — Identify Design Parameters $4,000.00 Item 3 — Identify Phosphorus Removal Alternatives $13,500.00 Item 4 — Identify Planning Level Conceptual Cost $5,000.00 Item 5 — Phosphorus Removal Study Report $24,000.00 Total Not -to -Exceed Amount $49,000.00 Net Total for Amendment No. 1, No.2 and No. 3 $0.00 Subject to prior City Council approval, adjustment of the compensation may be made should BLACK & VEATCH 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. 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 BLACK & VEATCH'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 BLACK & VEATCH 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. Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following: 6.1.3 Conceptual Design Phase Services For the Scope of Services during the Conceptual Design Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $100,000.00 unless amended in accordance with Paragraph 6.1.7. Amendment No 3-1 - Scope of Work -0305 10.doc 3 138636 6.1.7 Additional Services. For authorized Additional engineering services under Section 3, "Additional Services", compensation to BLACK & VEATCH shall be negotiated at the time Additional Services are authorized. 6.1.8 The CITY OF FAYETTEVILLE agrees that the BLACK & VEATCH's not -to -exceed upper limit for this Amendment No. 3 is based on the durations indicated in Section 5.3 of this Amendment No. 3 and if the construction period or operation period is extended that the BLACK & VEATCH shall be entitled to additional compensation. 6.1.8.1 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining payment to BLACK & VEATCH for the costs incurred by BLACK & VEATCH while providing the services described in this Amendment No. 3. Costs include but not limited to the salaries and benefits paid to employees engaged directly in providing the services and profit. The hourly billing rates are included as Appendix G in Amendment 2. 6.1.8.2 The following direct expenses are considered reimbursable and are included in the not to exceed amount. 6.1.8.2.1 Travel, subsistence, and incidental costs. 6.1.8.2.2 Use of motor vehicles on a rental basis for assigned vehicles and on a mileage basis or rental cost basis for vehicles used for short periods. Mileage basis shall not exceed 55 cents per mile. 6.1.8.2.3 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.2.4 Subcontract costs times 1.05. 6.1.8.3 The following direct expenses are also considered reimbursable and are not a part of the not to exceed amount. Amendment No 3-1 - Scope of Work - 030510.doc 4 138636 • • 6.1.8.3.1 Charges of special consultants requested by CITY OF FAYETTEVILLE. 6.1.8.3.2 Special insurance coverage required by CITY OF FAYETTEVILLE. 6.1.8.3.3 Local taxes or fees applicable to the engineering work or payments therefore. 6.1.8.3.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.4 It is understood and agreed that the not to exceed cost is based on the start of the services being authorized not later than February 26, 2009. 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. 6.1.8.5 It is understood and agreed that BLACK & VEATCH 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. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this day of , 2010 CITY OF FA EVILL AS By: ayor ATTEST: ;•���C'••G\JY O'.o�G�� :FAYETTEVILLE: = City e 5 e ,sKANSP. am,' °J`��e BLACK & VEATC CO ORATION By: Michael G. Orth Title: Vice President Amendment No 3-1 - Scope of Work -0305 10.doc 5 138636 END OF AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Amendment No 3-1 - Scope of Work -0305 10.doc 6 138636 4. • • This is Appendix H, consisting of 2 pages, referred to in and part of the 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 and Addendum No. 2 dated June 18, 2007. The following is the Scope of Services for the Conceptual Design Phase. H.1. General BLACK & VEATCH shall identify phosphorus removal alternatives that will achieve the desired treatment goals of a 0.10 mg/L phosphorus limit for the Noland WWTP effluent based on anticipated regulatory requirements. The anticipated new treatment expansion alternatives, based on historical cost data, shall identify the most reasonable approach for satisfying future phosphorus removal needs while maximizing the use of existing treatment components. BLACK & VEATCH shall not begin work outlined in this section without written authorization from the CITY OF FAYETTEVILLE. Specific services to be performed by BLACK & VEATCH are as follows: H.2. Management H.2.1 BLACK & VEATCH's will provide ongoing direction and management of the project. Review staffing, budget, progress, and quality of work throughout the course of the Project for BLACK & VEATCH. Provide project status reports to the CITY OF FAYETTEVILLE with each invoice. H.3. Confirm Design Parameters H.3.1. Supplement Existing Data. BLACK & VEATCH shall confirm wastewater characteristics and loadings by reviewing historic plant data. Using data collected at the Noland WWTP since the start up of the West Side WWTP, BLACK & VEATCH shall update the data review completed for the initial WSIP Noland WWTP Improvements. All data submitted to BLACK & VEATCH shall be in a recent version of Microsoft Excel. H.4. Evaluate Phosphorus Removal Alternatives H.4.1. Develop Phosphorus Removal Alternatives. Using the data collected from the Noland WWTP and discussions with CITY OF FAYETTEVILLE staff, BLACK & VEATCH shall identify up to three (3) alternatives for phosphorus removal at the Noland WWTP or in the Fayetteville collection system. Criteria for screening each alternative shall be presented to the CITY OF FAYETTEVILLE for discussion prior to the presentation of Amendment No 3-1 - Scope of Work - 030510.docAppendix H-1 135045 0 9 the preliminary process alternatives. Preliminary process schematics, process descriptions alternatives, and a discussion on alternative feasibility based on screening criteria shall be prepared for the CITY OF FAYETTEVILLE for each alternative. H.5. Develop Conceptual Construction Costs H. 5.1. Develop Conceptual Opinion of Probable Construction Costs. BLACK & VEATCH shall develop a conceptual level capital and operation and maintenance costs for the wastewater treatment facility improvements based on the three (3) alternatives selected for Phosphorus Removal. A present worth cost analysis shall be performed for each alternative. A cost coordination meeting shall be conducted with McGoodwin, Williams, and Yates, Inc. Costs shall be budgetary conceptual cost based on historical data available to the engineer. H.6. Phosphorus Removal Study Technical Memorandum H.6.1. Prepare Technical Memorandum. BLACK & VEATCH shall prepare a draft technical memorandum for the CITY OF FAYETTEVILLE to summarize phosphorus removal alternatives and costs. Background information, process flow schematics, and recommendations generated during the study shall be compiled, organized and included in the memorandum. Based on the evaluations, further studies and future pilot testing at the Noland WWTP shall be recommended to the CITY OF FAYETTEVILLE. BLACK & VEATCH shall submit one (1) electronic copy in PDF format to the CITY OF FAYETTEVILLE for review. H.6.2. Review Workshop and Presentation. Conduct a half day workshop with the CITY OF FAYETTEVILLE and plant operating staff to review the technical memorandum and obtain CITY OF FAYETTEVILLE comments in Fayetteville. BLACK & VEATCH shall provide meeting minutes to all attendees. H.6.3. Incorporate CITY OF FAYETTEVILLE Comments and Finalize Technical Memorandum. Incorporate review comments by the CITY OF FAYETTEVILLE in the draft memorandum and provide six (6) hard copies and one (1) electronic copies in PDF format of the final memorandum. Amendment No 3-1 - Scope of Work -0305 10.doc 138636 From: Clarice Pearman To: Davis, Bob Date: 5/19/05 9:19AM Subject: Res. 95-05 Bob, Attached is a copy of the resolution passed by the City Council May 10, 2005, along with a copy of Amendment No. 1 of the agreement with Black & Veatch. I have returned to you the other copies of the agreement via interoffice mail. Thanks. Clarice.