HomeMy WebLinkAbout157-20 RESOLUTION OF FAY ETTE'
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Resolution: 157-20
File Number: 2020-0409
BLACK& VEATCH, CORPORATION:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH BLACK AND VEATCH CORPORATION IN AN AMOUNT NOT TO
EXCEED $107,592.00 FOR ANALYSIS AND DESIGN OF POTABLE WATER PRESSURE
MANAGEMENT SOLUTIONS FOR THE GREATER CLABBER CREEK AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Black and Veatch Corporation in an amount not to exceed
$107,592.00 for analysis and design of potable water pressure management solutions for the greater
Clabber Creek area.
PASSED and APPROVED on 6/4/2020
Approv : Attest: TRF�
'GAT Y O• F s�
.:l 4r/-"---•" a4e (',fi/e) FAYETTEVILLE
10 eld J• d. •, ayor Kara Paxton, City Clerk Treasured�y••q g
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Page 1 Printed on 6/8/20
,o FAYEr� City of Fayetteville, Arkansas 113 West Mountain Street
/ r Fayetteville,AR 72701
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�„ ;?jJ� Text File
�7_,LA1.4 S File Number: 2020-0409
Agenda Date:6/2/2020 Version: 1 Status: Passed
In Control:City Council Meeting File Type: Resolution
Agenda Number:A. 11
BLACK& VEATCH,CORPORATION:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH BLACK AND VEATCH CORPORATION IN AN AMOUNT NOT TO EXCEED$107,592.00
FOR ANALYSIS AND DESIGN OF POTABLE WATER PRESSURE MANAGEMENT SOLUTIONS
FOR THE GREATER CLABBER CREEK AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section I: That the City Council of the City of Fayetteville,Arkansas hereby approves a professional
engineering services agreement with Black and Veatch Corporation in an amount not to exceed$107,592.00
for analysis and design of potable water pressure management solutions for the greater Clabber Creek area.
City of Fayetteville,Arkansas Page 1 Printed on 6/5/2020
City of Fayetteville Staff Review Form
2020-0409
Legistar File ID
6/2/2020
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Tim Nyander 5/13/2020 WATER SEWER (720)
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with Black and Veatch, Corporation in an amount
not to exceed $107,592.00 for analysis and design of potable water pressure management solutions for the greater
Clabber Creek area.
Budget Impact:
5400.720.5600-5314.00 Water and Sewer
Account Number Fund
12009.1 Water System Rehabilitation/Replacement
Project Number Project Title
Budgeted Item? Yes Current Budget $ 7,932,492.00
Funds Obligated $ 3,127,426.92
Current Balance $ 4,805,065.08
Does item have a cost? Yes Item Cost $ 107,592.00
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget $ 4,697,473.08
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE CITY COUNCIL MEMO
ARKANSAS
MEETING OF JUNE 2, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: May 13, 2020
SUBJECT: Engineering Services Agreement with Black and Veatch Corporation for the
analysis and design of potable water pressure management solutions for
the greater Clabber Creek area
RECOMMENDATION:
Staff recommends approval of an Engineering Services Agreement with Black and Veatch
Corporation not to exceed $107,592.00 for analysis and design of potable water pressure
management solutions for the greater Clabber Creek area.
BACKGROUND:
Resolution 133-18 authorized Black & Veatch to perform a detailed water audit for the City of
Fayetteville, identifying several recommendations to help reduce unbilled water-loss. One key
recommendation from this study was to identify areas of town that could have excessive
pressures reduced, thereby reducing frequency of line-breaks and background water leaks. The
greater Clabber Creek residential area north of Mt. Comfort Road and west of Deane Solomon
Road has been identified as a target area for pressure reduction.
DISCUSSION:
A formal selection committee was held on March 10, 2020 and Black and Veatch Corporation
was selected to perform these design services. An engineering contract, scope, and fees have
been prepared and reviewed by city staff. The engineering analysis, design, and bidding phases
are not to exceed $107,592.00. At time of bid award, additional construction phase engineering
services would be necessary as an amendment.
BUDGET/STAFF IMPACT:
Funds are available in the Water System Rehabilitation/Replacement account.
Attachments:
Greater Clabber Creek Vicinity Map
Engineering Services Agreement
Appendix A— Scope of Services; Fees
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE,ARKANSAS
and
BLACK& VEATCH, CORPORATION
THIS AGREEMENT is made as of 'St IN f t , 2020, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and BLACK&VEATCH, CORPORATION(hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope.costs,fees,or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
I Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Pressure Management-Professional Engineering Services 1
SECTION 3- RESPONSIBILITIES OF CITY OF FAYETTEVILLE
E
3.1 CITY OF FAYETTEVILLE shall,within a reasonable time,so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for theProject.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment includingprevious reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertainingthereto.
3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect
to the services to be performed under this Agreement. The Utilities Director shall have
complete authority to transmit instructions, receive information, interpret and define CITY
OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements
and systems to be used in the Project, and other matters pertinent to the services covered by
this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
,SECTION 4- PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is included as Appendix A.
,SECTION 5- PAYMENTS TO ENGINEER
5.1 The maximum not-to-exceed amount authorized for this Agreement is $107.592.00. The CITY
OF FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
Pressure Management-Professional Engineering Services 2
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however,payment within 30 days is notguaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement,ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement,final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
,SECTION 6- GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services,ENGINEER will maintain(in United
States Dollars)the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
Pressure Management-Professional Engineering Services 3
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence ofENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer ofENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten(10)calendar days written notice(delivered by certified mail,return
receipt requested)of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating part\ prior to termination.
Pressure Management-Professional Engineering Services 4
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten(10)calendar days written notice(delivered by certified mail, return
receipt requested)of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made,but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work(unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Pressure Management-Professional Engineering Services 5
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30)days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice,the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require
Pressure Management-Professional Engineering Services 6
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify,defend,and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees,agents,Subcontractors,and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville,Arkansas 72701
ENGINEER's address:
Black&Veatch,Corporation
8400 Ward Parkway
Kansas City,MO 64114
Pressure Management-Professional Engineering services 7
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7- SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment,or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter-claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Pressure Management-Professional Engineering Services 8
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.I ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation,claim or exception.
7.3.3 This right of access clause(with respect to financial records)applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of$10,000 affecting the
price of any formally advertised,competitively awarded,fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition,except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud,gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty,CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion,to deduct from the
Pressure Management-Professional Engineering Services 9
contract price or consideration,or otherwise recover,the full amount of such commission,
percentage, brokerage,or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may,by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub-consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-10I et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF F,1ETTE • RKANSAS ENGINEER, BLACK &VEATCH,CORP.
By : , ��. By: 6C-OV
M. ,Lis neld Jo •. Jeffrey nson,Associate Vice President
```,�11111111//o
ATTEST: `` -ck •''' •. ''ice
By: Cl: F Al ti:aJice President
•
•
City Clerk • Ay£I?
END OF AGREEMENT FI F�S§SIQ?JA�`�ENGINEERING SERVICES
Pressure Management-Professional Engineering Services 10
litr BLACK&VEATCH BLACK&VEATCH CORPORATION
Building a wor of difference
ATTACHMENT A — SCOPE OF SERVICES AND COMPENSATION
PROJECT OBJECTIVES
This project will provide recommendations and design documents for installation of equipment
for pressure management in the Greater Clabber Creek Area. The tasks will include:
• Hydraulic modeling
• Analysis of the history of breaks and leaks in the area
■ Recommendation of location for pressure monitoring devices and initial analysis of pressure
reduction potential
la Research&recommendations on vendors&specific equipment
■ Develop an implementation plan
■ Development of construction documents for the recommended implementation plan
• Permitting services
■ Bidding services
• Construction phase services will be covered in a future amendment.
SCOPE OF SERVICES
Proposed subtasks are described below.This scope details Task 1.
TASK 1
This scope of services is designed to model,analyze,and design a pressure reduction zone for
the Greater Clabber Creek Area.
Task 1A. Project Management
Black&Veatch will provide overall management for the project.Prepare budget,schedule,and
review ongoing activities as well as monitoring schedule and budget.Manage technical
resources,and coordinate with the City.Prepare monthly invoices,including a status report
covering work completed during the current billing period and work anticipated for the
upcoming period. Review progress with the City on a regular basis.
Conduct monthly review meetings via conference call to discuss current project status and to
solicit input from City staff regarding current work activities.Provide meeting notes including
key decisions and action items of each meeting.Additionally,in-person meetings have been
assumed for project kick-off,review of the implementation plan,and review of the 30%design
documents.
Deliverables: Project Management;
• Monthly invoice and status report
■ Project Work Plan
• Project Schedule
■ Meeting Notes
www.bv-corn 1
Task 1B. Hydraulic Modeling and Pressure Reduction Potential
Black&Veatch will conduct hydraulic modeling on the prospective Clabber Creek pressure
management zone.This will include theoretical analysis of the existing conditions in,and
immediately outside of the zone.Boundary valve and inlet point locations will be evaluated
(possibly several scenarios)and provided for discussion with Citystaff.
Pressure reduction potential will be evaluated by utilizing the hydraulic model to estimate the
critical points in the zone(and outside the zone if pass-through is required)and the potential
pressure reduction that could be expected within current low-pressure requirements,with
required headroom.The existing maximum day extended period (EPS)scenario will be used to
establish baseline conditions for comparison of up to three scenarios with a reduced pressure
area.Fire flow modeling will also be performed for the baseline condition and for 2 boundary
configurations to ensure that the reduced pressure zone and areas along the boundaries or
beyond will be minimally impacted.
Deliverables:
• Hydraulic model outputs outlining
• Current conditions(as per Existing Maximum Day EPS scenario)
s Potential boundary valve closures and inlet locations
a Recommended approach
■ Technical Memorandum on pressure reduction potential
Task 1C: Research and Recommendations on Vendors and Equipment
In parallel with Task 1B an evaluation of equipment and possible vendors will be conducted.
The anticipated flows,sizes and types of pressure reducing,and monitoring equipment will be
reviewed and reported upon.This task is designed to evaluate the following equipment in more
detail:
• Pressure Reducing Valves
■ Pressure and flow monitoring equipment
• Flow meters
Deliverables: Memo summarizing the findings on the equipment vendors
Task 1D: Implementation Plan
Black&Veatch will develop a Pressure Management Implementation Plan (Plan) for the
Clabber Creek zone.The Plan will be designed to outline the steps required to implement and
manage a successful program at this location.This will include the following information in a
report format.
Deliverables: Report including the following;
■ Proposed Zonal Area
• Initial Setup of District Metered Area/Pressure Management Area,determination that zone is
hydraulically sealed
• System monitoring throughout the program
a Commissioning
a Operation
Task 1E: Construction Documents
Black&Veatch will develop documents for bidding of the pressure management equipment and
chambers.This will include the following information in a drawing and specification format.
Fee for design has assumed that civil,structural,electrical,and I&C engineers will provide
design input.
City Provided Information: It is assumed the city will provide any survey or geotechnical
work that may be needed once a site is selected.It is assumed that the chamber will be installed
within the City right-of-way and property acquisition will not be needed.
Deliverables: Construction documents (basic,for bidding documents) including the
following as 30%complete and 90%complete design documents;
• Site Plan and Civil Sheet for PRV/Meter Chamber(s)for two chambers.
• Electrical Plan and P&ID
• Associated Equipment Specifications (PRV's,monitoring loggers,control systems)
Task 1F: Permitting Coordination
Black&Veatch will aid the City with permit coordination with the Arkansas Department of
Health.This will include calls,and meetings(web-based or in-person as appropriate)to discuss
and move forward with the project.
Deliverables: Interactions with the City and Department of Health.Reporting as necessary to
provide the Department of Health with the details that they require.
Task 1G: Bidding Services
Black&Veatch will prepare an agenda and attend the pre-bid meeting.Black&Veatch will
receive questions and provide up to one addendum during the bidding process. Black&Veatch
will review the bids received and prepare a recommendation for award.Black&Veatch will
prepare conformed to bid documents.
Deliverables:
• Pre-Bid Meeting Agenda
• Addendum
• Bid Recommendation
I Conformed to bid documents
SCHEDULE
It is anticipated that the Implementation Plan will be issued within four months from receiving
the Notice to Proceed,with the bidding documents being issued within nine months.This
schedule is contingent upon receipt of requested data within two weeks from request.
COMPENSATION
Task 1 will be executed on a time and materials basis to a not to exceed fee of$92,592,
including expenses.An additional allowance of$15,000 is also requested.This will be billed
monthly on time and materials basis. The total not to exceed is$107,592.
Billing Rates
TITLE HOURLY RATE
Project Director $341.00
Project Manager $248.00
Engineering Manager $186.00
Director,Water Loss Control $295.00
Sr.Hydraulic Modeler $202.00
Hydraulic Modeler $124.00
Project Controls $193.00
Project Staff $128.00
Discipline Lead $205.00
BIM Technician $124.00
Technician $118.00
Senior Engineer $155.00
Discipline Engineer $137.00
QAQC $233.00
Senior Estimator $202.00
Project Finance $109.00
Administration $93.00
INFORMATION TO BE PROVIDED BY THE CITY
A data request list will be provided to the City upon notice to proceed.
owner:City of Fayetteville
Project:Greater Clabber Creek Pressue Zone
Project Project Atlmin Engineering Civil Engineer Civil Structural Simcbral Electrcal Electrical ElectIcM MC MC ErbbNW SSC Water Res Sr. Modeler Dlrer.'br. BIM Sr EaWrulor
Director Manage'i Maiwgei Director/DC Director/DC Ergnrer Dlreclor/gc Engineer 744hei5Mn 0rreebriuC Tee/melee EN
V..., Warier
on Loss Technicianan Director/PC
Engmeei of e rol
PHASE/Task Re.°'a
11341.00 3248.00 SIAM 17e6.33 313810 1.33310 323100 8137= s33410 $166.03 e11e00 131100 8183.00 111610 s202.0e 3124.00 420630 312400 s203=
(Billing Rate.SS,Hr.)
WORK BREAKDOWN STRUCTURE PHASE
Work Breakdown Structure below is an example and can be removed - - - - - - - - - - - - - . .. -
Protect Management 0000 - - - - - - - _ - - .
Monthly Invoicing- 0010 - 10 6 - - - - - - • - - - - -
...Project Wolkplan --.-- —_--- 0020 • 2 - - - _ - _ • 2 -
Project Schedule 0030 - 2 - - - - - - • • - - - - - 2 • .
Meetings and Meeting Minutes 0040 - 4 - - 20 - • - - - - 16 -
Hyraulic Modeling and Pressure Reduction Potential 0100 - • - - - - - - - - - - -
Develop Hydraulic Model 0110 - - - - - - - - - - - - - - 4 16 4 - -
Evaluate boundary valve and point locations 0120 - - - - - - - - - - 2 10 - -
Technical Memorandum 0130 - 2 4 - - - - - - - 2 R 4 -
Research and Recommendation on Vendors and Equipment 1000 - - - - - - - - - - • - - _ - - -
Contact Vends 0 - - 4
Vendors 110
r - - - 4 - -
...._Prepare Memoo 1200 - 1 - _ 4 - - - - - 2 _ -
PrepTask 4 1400 - - - - - - - - • - - _
Implementation Plan Report 1500 - 4 2 - 8 - - - - - - - - - 4 - 16 - -
•
Review Meetirlp 1600 - 4 - - 8 - - - - 8 _ -
Constuctlon Documents 2000 - - • - - - - • - - - -Documents _
Prepare 30°4.Drawings and Specifications 2100 - 4 4 4 40 4 2 18 2 8 12 2 8 12 - 20 2
.
Prepare 90%Drawings and Specifications 2200 - 4 2 4 20 4 - 16 - 4 4 - 4 8 - - - 16
Submit Final Bid Documents 2300 - 2 2 4 12 - - 2 - 2 2 - 2 2 - - - 6
- - -Attend Pre-Bid Meeting 5100 - 4 - - 4
Prepare Addenda 5200 - 2 2 - 4 - - --- - - - - - - - -
Review Bids and Provide Recommendation 5300 - 1 - - 4 - - - - - - _ - - _
Prepare Conformed to Bid Documents 5400 - 1 4 - 4 - - - - - -
Optional Services Allowance 6000 - - - - - - - - - • - - -
Total.Hosts 2 47 24 12 134 a 2 34 2 14 12 2 14 22 12 34 sa 44 4
Total,Billings -
Owner:City of Fayetteville
Protect:Greater Clabber Creek Pressue Zone
Sr.E.U,pto, fWn. Sr.Project SUBTOTAL, SUBTOTAL, Travel/Per Major Repro- SUBTOTAL. SUBTOTAL, I OiAI 13111,,
Controls hours BMIngs S OWN auction EXPENSES neo EXPENSES
Expenses Expenses MULTIPLIER
PHASE/Task
5202.00 S100.00 11103.00
(Billing Rate,$S,Hr.(
WORK BREAKDOWN STRUCTURE PHASE
Work Breakdown Structure below 5 an example and can be removed - - - S - - -
ProJect Management 0000 - - - $5
5
Monthly Invoicing 0010 26 $ 4.548 $ - 4,548
Protect Workplan 0020 - - 4 $ 1.086 f - $ - - 1,086
Project Schedule 0030 - •
- - 4 f 1 OB6 S - f - - - 1.086
Meetings and Meeting Minutes 0040 - - - 42 $ 8.954 $ 1 300 $ - 1,300 1.300 10.254
Hyraulic Modeling and Pressure Reduction Potential 0100 - - - - $ - S - $ - • - -
Develop Hydraulic Model 0110 - - - 24 $ 3 972 E - $ - - 3.972
Evaluate boundary valve and point locations 0120 - - - 14 $ 2.234 $.. - $ - - - 2234
Technical Memorandum 0130 - - - 22 S 3.770 $ - f 700 200 200 3.970
Research and Recommendation on Vendors and E ui ment 100D - - - - S -
Contact Vendors 1100 - - - 8 $ 1,6920 S - $ - - - 1,692
Prepare Memo 1200 - - - 7 $ 1.350 $ - - - 1,350
Prep Task 4 1400 - - - • $ - ,S - $ - - - -
tmpkmentation Plan Report 1500 42 $ 9.346 $ - $ - 9.346
Review Meeting 1600 - - - 20 $ 4376 S 1,300 $ 200 1.500 1500 5.876
Conduction Documents 2000 - - - - $ - S - S - - - -
Preparo 30%Dravange and Specifications 2100 0 - •- 150 $ 21.848 f 500 5 - S00 500 22.348
Prepare 90%Drawings and Specifications 2200 2 - - 90 $ 13.116 f 500 f - S00 500 13.616
Submit Final Bid Documents 2300' 2 - - 40 $ 5,724 $ - S 200 200 200 5,924
Bidding_ 5000 - - - - $ • - -
Attend Pre-Bid Meeting 5100 - - - 8 S 1.504 S 500 S - 500 500 2.004
Prepare Addenda 5200 8 f 7.194 $ - S - 1.194
Review Bds and Provide Recommendation 5300 - - - 5 $ 760 $ - $ - - - 760
Prepare Conformed to ea Documents 5400 - - - 9 S 1 132 5 - S 200 200 200 1.332
Optional Services Allowance 6000 - - - - $ - £ 15.000 S - 15.000 15 000 15.000
Total,Hours 2o 9 a 5234tfLrfLrli:#ZrfYtriLOtVfilf,.lf;41!+Lrii,rli.49r.rf11.1fgtr(ttf(-rfL/f(t/fi
--
Total,Billings A"fVVi f 17,012 9 11,100 S 500 Li'f rfi,'kA5'S /1,100 S 107,112