HomeMy WebLinkAbout202-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 202-22
File Number: 2022-0776
RFQ 22-01 GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $697,000.00, PURSUANT TO
RFQ # 22-01, SELECTION 4, FOR FACILITIES MASTER PLANNING SERVICES AT THE
NOLAND WATER RESOURCE RECOVERY FACILITY, AND TO APPROVE A BUDGET
ADJUSTMENT
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 Garver, LLC, in the amount of $697,000.00, pursuant to RFQ
#22-01, Selection 4, for Facilities Master Planning Services at the Paul R. Noland Water Resource
Recovery Facility.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 9/6/2022
Page 1 Punted on 917122
Resolution: 202-22
File Number: 2022-0776
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Page 2 Printed on 917122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0776
Agenda Date: 9/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.12
RFQ 22-01 GARVER, LLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH GARVER, LLC IN THE AMOUNT OF $697,000.00, PURSUANT TO RFQ # 22-01,
SELECTION 4, FOR FACILITIES MASTER PLANNING SERVICES AT THE NOLAND WATER
RESOURCE RECOVERY FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT
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 Garver, LLC, in the amount of $697,000.00, pursuant to RFQ #22-01,
Selection 4, for Facilities Master Planning Services at the Paul R. Noland Water Resource Recovery Facility.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 91712022
City of Fayetteville Staff Review Form
2022-0776
Legistar File ID
9/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 8/18/2022 WASTEWATER TREATMENT (730)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with Garver, LLC in an amount not to exceed
$697,000.00 for Facilities Master Planning Services at the Paul R. Noland Water Resource Recovery Facility (WRRF)
and approval of a budget adjustment.
Budget Impact:
5400.730.5800-5314.00
Water and Sewer
Account Number Fund
02032.1 WWTP Building Improvements
Project Number Project Title
Budgeted Item? Yes Current Budget
$ 4,139,028.00
Funds Obligated
$ 1,172,662.87
Current Balance
$ 2,966,365.13
Does item have a cost? Yes Item Cost
$ 697,000.00
Budget Adjustment Attached? Yes Budget Adjustment
$ 697,000.00
Remaining Budget 2,966,365.13
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments: RFQ #22-01, Selection #4
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 6, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
Water & Sewer Committee
FROM: Corey Granderson, Utilities Engineer
DATE: August 18, 2022
CITY COUNCIL MEMO
SUBJECT: Engineering Services Agreement with Garver, LLC for the Noland Facilities
Master Plan and approval of a budget adjustment.
RECOMMENDATION:
Staff recommends approval of an Engineering Services Agreement with Garver, LLC in an
amount not to exceed $697,000.00 for Facilities Master Planning Services at the Paul R. Noland
Water Resource Recovery Facility (WRRF) and approval of a budget adjustment.
BACKGROUND:
The City's last Facilities Master Plan for wastewater treatment was performed in 1997 and
resulted in the City's construction of the West Side Water Resource Recovery Facility, along
with associated sewers to route over half of Fayetteville's wastewater to this new plant. As
population continues to increase, it is pertinent to keep long range capacity planning efforts
updated so that future capital financing can be considered proactively. This plan will address
existing and future capacities of each unit and ancillary process at the Paul R. Noland WRRF.
DISCUSSION:
This Facilities Master Plan will begin with assessment of the wastewater characteristics and
loadings arriving at the Noland WRRF. Past data will be analyzed, and additional sampling will
be conducted. An in-depth facility tour and inspection will be conducted to look at each
individual asset's condition and a risk analysis will be performed. The plant will then be modeled
hydraulically, biologically, chemically, and physically and calibrated to match field
measurements. This model will be used for technical evaluations of each unit process to
develop a `Gap Analysis' identifying bottlenecks or future constraints of the overall process.
Next, future projects will be graphically laid -out on site plans to ensure high-level feasibility
given the existing campus constraints. All of this information will be used to generate an
interactive capital planning tool, looking forward 20-years. This plan will identify minor and major
projects and recommend implementation schedules for each. All of this information will
culminate in a Final Report, approximately 16 months after the issuance of the Notice to
Proceed.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The project cost is based on engineering level of effort, hourly by position rates, not to exceed
$697,000.00. Garver was formally selected via RFQ #22-01, Selection #4.
BUDGET/STAFF IMPACT:
Budgeted Funds will be transferred to the WWTP Building Improvements project from the
Sanitary Sewer Rehabilitation Project.
Attachments:
Agreement
Scope/Fee
Budget Adjustment
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of 2022, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
GARVER, LLC (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
2.1 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.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER:
Garver Contract— Professional Engineering Services 1 7/5/2022
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER,LLC
THIS AGREEMENT is made as of , 2022, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
GARVER, LLC (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
2.1 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.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER:
Garver Contract — Professional Engineering Services 1 7/5/2022
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the
Proj ect.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative
thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for
ENGINEER to perform his 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 pertaining thereto.
3.1.5 Provide such professional legal, accounting, financial, and insurance counseling services
as may be required for the Project.
3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The City Engineer 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.
3.1.7 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 shall be based upon on
an Hourly basis as described in Appendix B.
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
Proj ect.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract — Professional Engineering Services 2 7/5/2022
shall 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 not guaranteed.
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 insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal
of coverage.
Garver Contract — Professional Engineering Services 3 7/5/2022
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 of ENGINEER.
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 of
ENGINEER.
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 party prior to termination.
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:
Garver Contract — Professional Engineering Services 4 7/5/2022
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate, and
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.
6.6 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.
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
Garver Contract — Professional Engineering Services 5 7/5/2022
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 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
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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,
disks of CADD drawings and cross sections, estimates, specification field notes, and data
are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain
reproduced copies of drawings and copies of other documents.
6.12.2 Engineering documents, drawings, and specifications prepared by ENGINEER as part of
the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER
has been compensated for all Services rendered, provided, however, that ENGINEER
shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights
in its standard drawings details, specifications, databases, computer software, and other
proprietary property. Rights to intellectual property developed, utilized, or modified in
the performance of the Services shall remain the property of ENGINEER.
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:
125 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
2049 E. Joyce Blvd, Suite 400
Fayetteville, Arkansas 72703
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.
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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 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
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly
pertinent to performance on work under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied in effect on the date of
execution of this Agreement. ENGINEER shall also maintain the financial information
and data used by ENGINEER in the preparation of support of the cost submission
required for any negotiated agreement or change order and send to CITY OF
Garver Contract — Professional Engineering Services 8 7/5/2022
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. Notwithstanding anything to the contrary herein, ENGINEER's
proprietary, financial information is not subject to audit.
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 asserts 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 assertion, CITY OF FAYETTEVILLE
shall have the right to annul this Agreement without liability or at its discretion, to deduct
from the contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
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
Garver Contract — Professional Engineering Services 9 7/5/2022
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 damages in an amount up to the limits set forth in Section 7.8 below.
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. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
7.7 Mutual Waiver
7.7.1 Notwithstanding anything in this Agreement to the contrary, neither party (including its
subconsultants, agents, assignees, affiliates and vendors) shall be liable to the other for any
special, consequential, indirect, punitive, exemplary or incidental damages of any kind
regardless of the cause or action (including negligence of any kind or character including
gross negligence).
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 Ulf/F.AYETTEV
ATT7ES�T�:
City Clerk Trfacj,u.ne
• 4:
FAYE17EVJLL�
�f
Project Manager, Chris Buntin
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Garver Contract — Professional Engineering Services 10 7/5/2022
GARVER
APPENDIX A — SCOPE OF SERVICES
ENGINEER agrees to perform basic engineering services in connection with the Fayetteville Noland
Water Resource Recovery Facility Master Plan (PROJECT) as hereinafter stated, in accordance with
the stipulations in this agreement. In general, the scope of work includes master planning efforts for the
PROJECT based on a 20-year planning horizon (2022-2043). Population projections will be based on
regional planning projections. No flow transfer between the Noland WRRF drainage basin and the
Westside WRRF drainage basin will be considered. The work will be focused on the liquid treatment
train and the solids handling train up to dewatering. ENGINEER will review and confirm the assumptions
used in the 2020 Biosolids Master Plan; however, Biosolids Master Plan update will not be included.
ENGINEER shall perform basic engineering services necessary for the development of the PROJECT
as follows:
1. TASK 1 — PROJECT MANAGEMENT AND QUALITY ASSURANCE
ENGINEER will manage professional services to complete the PROJECT. These services will
include preparation of PROJECT controls including progress reports, action items logs,
decision logs, project team meetings, technical review committee workshops, schedule and
cash flow projections, and invoicing. ENGINEER shall provide professional services in this
Task as follows.
1.1. ENGINEER will prepare a PROJECT Work Plan, a document to be used by all participants in
the PROJECT to ensure a common understanding of PROJECT goals, scope, and tasks as
follows:
(a)
PROJECT definition
(b)
PROJECT resources
(c)
PROJECT schedule
(d)
PROJECT budget
(e)
Quality Management Plan
(f)
Change Management Plan
(g)
Communications Plan
1.2. ENGINEER will plan and participate in a PROJECT start-up meeting with OWNER to confirm
PROJECT scope, personnel, lines of communication, security protocols, change management,
and schedule.
1.3. ENGINEER will conduct a Project Quality Management (PQM) meeting with OWNER. The
PQM meeting is a facilitated session where key stakeholders participate in a consensus -
building exercise to confirm the PROJECT goals, background (including but not limited to site
constraints), and define the critical success factors; the processes, activities, and tasks needed
to achieve success of the PROJECT and assign responsibilities for carrying out the tasks. This
meeting will be combined with the PROJECT start-up meeting.
1.4. ENGINEER will furnish OWNER, when requested, the engineering data and graphics
necessary for applications for routine permits, submittals, and approvals required by local,
state, and federal authorities, and assist OWNER in consultations with appropriate authorities.
ENGINEER will coordinate and meet with applicable regulatory agencies, which may include
but are not limited to the Arkansas Department of Environmental Quality (ADEQ).
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1.5. ENGINEER will develop a schedule for the PROJECT, which will be periodically updated
throughout completion of the PROJECT.
1.6. ENGINEER will prepare monthly invoices.
TASK 2 — WASTEWATER CHARACTERISTICS AND LOADING ASSESSMENT AND
HISTORICAL DATA REVIEW
2.1. ENGINEER will work with the Owner to develop a baseline average day flow projection range
based on population projections for the Noland WRRF service area. In addition, ENGINEER
will review the peak flows determined in the December 2021 Wastewater Master Plan Update.
The ENGINEER will not perform any wastewater flow monitoring.
2.2. ENGINEER will develop a sampling protocol memorandum for intermediate process sampling
at the facility. Sampling and testing will be conducted by OWNER and results provided to
ENGINEER. Required testing, outside the Owner's laboratory capabilities, will be provided by
an outside laboratory. The ENGINEER will coordinate and pay for any outside laboratory
testing and will invoice the CITY OF FAYETTEVILLE as a direct expense outside the contract
amount.
2.3. Previous studies and reports will be made available for additional informational purposes only.
ENGINEER will research, collect, and review data on the existing system including, but not
limited to, the following:
(a) Previous master plans, studies, and reports (including considerations for inflow and
infiltration for peak flows and peaking factors)
(b) Existing plans
(c) Performance history for processes
(d) Equipment maintenance records and operations and maintenance (O&M) manuals
(e) Contractor submittals relevant to areas being rehabilitated
(f) Other data and materials
2.4. ENGINEER will obtain existing wastewater quality characteristics and wastewater loads from
OWNER, including but not limited to the following:
(a) Review five years of historical data for carbonaceous biochemical oxygen demand
(CBOD), ammonia nitrogen (NH3-N), total phosphorus (T-P), total suspended solids
(TSS), effluent dissolved oxygen (DO), fecal coliform bacteria, and pH. This will include
all recorded data and sampling locations at the plant. OWNER will furnish the data in
Excel format.
(b) Review five years of historical industrial flow data for biochemical oxygen demand
(BOD), ammonia nitrogen (NH3-N), total phosphorus (T-P), total suspended solids
(TSS), and pH. OWNER will furnish the data in Excel format.
(c) Document and review non -permit related sampling events.
(d) Review and determine concentrations (mg/L) and loads (lbs/day) to be used in
projecting wastewater quality.
2.5. A technical memorandum (TM), Historical Data Review, will be developed by ENGINEER
describing historical data review, flow and loadings, and projections. ENGINEER will submit
one copy (searchable PDF format) of the draft TM, and after review will provide one final copy
(PDF format) of TM to OWNER.
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2.6 ENGINEER will conduct a workshop with OWNER to review the findings from the historical
data review.
3. TASK 3 — FIELD ASSESSMENTS AND VERIFICATIONS
3.1. ENGINEER will meet one time with OWNER to discuss operational considerations, staff
requirements, system preferences, and prioritization of PROJECT needs.
3.2. ENGINEER will perform an overview walk-through of the facility looking for critical condition
items on all features, including the SCADA system. This walk-through will consist of five
individuals (project manager, electrical engineer, structural engineer, process engineer, and
mechanical engineer). The review team will denote any major visual deficiencies in the facility.
The walk-through will include up to one day on site. This walk-through will also include old
buildings and treatment units not in service for potential repurposing at the Noland WRRF.
3.3. ENGINEER will utilize the Water Research Foundation (WRF) Sustainable Infrastructure
Management Program Learning Environment (SIMPLE) Tool to provide rankings of each of the
major assets and process trains. Assets will be grouped by type, service, and remaining useful
life. The tool will identify the highest risk assets. The risk assessment will be utilized in project
prioritization. This tool will only identify risks associated with existing assets at current
capacities. Future improvements and capacities are not considered in this risk assessment.
3.4. ENGINEER will meet with OWNER staff to document current standard operating procedures
for process areas of concern and to document maintenance projects or items that should be
included in the CIP that may not have received a critical score based on visual observations
and documented issues by staff. The OWNER will provide historical maintenance and work
order database information and current/voltage analysis information to the ENGINEER.
3.5. A technical memorandum (TM), Asset Condition and Operational Assessment, will be
developed by ENGINEER describing the conditions and the criticality rankings of the existing
facilities and document any operational issues noted during site visits. ENGINEER will submit
one copy (searchable PDF format) of the draft TM, and after review will provide one final copy
(PDF format) of TM to OWNER.
3.6. ENGINEER will conduct a workshop with OWNER to review the findings from the field
assessments.
4. TASK 4 — PLANNING CRITERIA SUMMARY AND MODELING
4.1. Complete a regulatory review of the National Pollutant Discharge Elimination System (NPDES)
permit criteria as follows:
(a) ENGINEER will coordinate with OWNER and ADEQ to identify potential future permit
requirements related to the following: pH, effluent toxicity, total phosphorus, ammonia
nitrogen, total nitrogen, disinfection, total chlorine residuals, fecal coliform, dissolved
oxygen, pretreatment, environmental flows, contaminants of emerging concern,
biosolids, chlorides, sulfates, minerals, and other parameters as appropriate.
(b) ENGINEER will coordinate with OWNER and ADEQ to identify other potential
regulatory requirements that could impact the master planning.
4.2. Develop a whole plant hydraulic model for the Noland WRRF.
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(a) Perform field verification of hydraulic structures.
(i) Survey of critical top of concrete, invert, and other hydraulic control structure
elevations, as required. This effort includes three (3) days of survey time on site.
(b) Establish model assumptions including data collected from previous and current field
assessments.
(c) Using the model simulate design flow conditions and peak flow conditions to identify
existing hydraulic areas of concern.
(d) Prepare a section in the Planning Criteria Summary and Modeling TM to document
hydraulic model assumptions and findings.
4.3. Develop plant process model:
(a) ENGINEER will utilize a commercial process modeling software to build a complete
facility model that will be the basis of subsequent biological technical evaluations.
(b) ENGINEER will develop a process model for existing facilities.
(c) Document process model assumptions, biological/chemical characteristics criteria
used in the models, validation, and calibration using sampling data under previous
tasks.
(d) ENGINEER will model side -stream return flows.
(e) ENGINEER will confirm ADEQ design sizing criteria.
4.4. A technical memorandum (TM), Planning Criteria Summary and Modeling, will be developed
by ENGINEER and will include:
(a) Loading projections
(b) Speculative regulatory requirements
(c) Speculative effluent quality requirements
(d) Capacity evaluation
(e) Plant Process Model
(f) Plant Hydraulic Model
ENGINEER will submit one copy (searchable PDF format) of the draft TM, and after review
will provide one final copy (PDF format) of TM to OWNER.
4.5. ENGINEER will conduct a planning criteria workshop with OWNER to discuss the Planning
Criteria Summary and Modeling TM and review the basis of planning criteria and modeling
results.
5. TASK 5 — TECHNICAL EVALUATIONS
Based on the completion of Task 2 to Task 4, ENGINEER will begin detailed system evaluations and
development of alternatives for the Noland WRRF. The process and hydraulic modeling developed in
Task 4 will be utilized for alternatives evaluation. ENGINEER will conduct technical evaluations for the
tasks below. The evaluations will include:
(a) Qualitative advantages and disadvantages
(b) Potential site location
(c) Process flow diagram
(d) Opinion of probable construction costs (OPCC)
1) Estimates will be considered high level planning estimates with an expected
range of -30% to +50% of potential construction costs.
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(e) Identification of unintended consequences
(f) Up to 16 total hours for one person to accompany the OWNER staff on facility site
visits to observe evaluated technologies.
ENGINEER will perform the following process evaluations at the Noland WRRF. These evaluations will
be based on previously established design criteria for the Noland WRRF.
5.1. Nutrient Management:
(a) ENGINEER will utilize the process model developed in Task 4 to evaluate process
performance of the existing system for treating projected flow and loadings.
(b) ENGINEER will identify alternatives to accommodate anticipated future nutrient limits.
The nutrient removal performance section of the TM will identify two (2) possible
configurations to obtain nutrient removal via biological removal through basin
configuration of adding zones and tankage or chemical precipitation.
(c) ENGINEER will develop a cost model for treating the projected loadings including capital
costs, O&M costs, and life cycle costs. The deliverable will identify the lowest cost option
for achieving these limits.
(d) ENGINEER will evaluate aeration requirements for biological treatment of projected
loadings. ENGINEER will evaluate two (2) alternatives for additional aeration needs:
mechanical aeration and diffused aeration. Potential performance capacity impacts,
performance improvements, and energy savings will be reviewed.
(e) ENGINEER will summarize the results in a TM section titled "Nutrient Management".
5.2. Plant Electrical Service and Standby Power Evaluation:
(a) ENGINEER will review previous reports and projects related to the electrical service
and standby power, and document existing system with updates as necessary.
(b) ENGINEER will review the plant's primary electrical service, standby generation
capacity and switchgear, and make recommendations for future expansion(s). The
evaluation will include standby generation procedures and identification of options for
future load -shedding and/or peak shaving operational strategies that would require
additional detailed design.
(c) ENGINEER will summarize the results in a TM section titled "Electrical Service and
Standby Power".
5.3. Instrumentation, Controls, and SCADA Evaluation:
(a) ENGINEER will assess the existing I/C and SCADA system and identify needs for new
or additional controls to optimize major treatment components.
(b) ENGINEER will document the existing SCADA system and provide a detailed
evaluation focusing primarily on plant -wide SCADA system improvements related to
process control for the treatment facility.
(c) ENGINEER will summarize the results in a TM section titled "Instruments, Controls and
SCADA".
5.4. Influent Pump Station Wetwell and Hydraulic Capacity Evaluation:
(a) ENGINEER will evaluate influent pump station wetwells.
(b) ENGINEER will evaluate the existing pumps maximum pumping capacity.
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(c) ENGINEER will complete an analysis of the existing wetwells operational level to
determine if a new pump station is necessary in the future or if larger pumps can be
installed to accommodate future peak flows.
(d) If the remaining useful life of Pump Station 1 is less than the planning horizon,
Engineer will evaluate a replacement pump station.
(e) ENGINEER will make recommendations for improvements.
(f) ENGINEER will summarize the results in a TM section titled "Pump Stations".
5.5. Headworks Evaluation:
(a) ENGINEER will evaluate the existing screening facility.
(b) Engineer will evaluate two (2) overall screening alternatives. The first alternative will
include replacement of the existing manual screens by mechanical course screens.
The second alternative will consist of an evaluation of up to three (3) fine screening
technology to improve screening capture, simplify maintenance, and reduce impact on
downstream processes.
(c) ENGINEER will perform grit removal analysis and recommend enhancements. Perform
field sample and determine capture rate at standard grit classification sizes.
Coordinate with staff to determine if there are any current adverse effects on
downstream processes as a result of grit accumulation. Grit sampling (if required) will
be coordinated by ENGINEER and contracted directly with OWNER.
(d) ENGINEER will make recommendations for improvements.
(e) ENGINEER will summarize the results in a TM section titled "Headworks".
5.6. Solids Management Evaluation:
(a) ENGINEER will develop a solids mass balance to size a solids dewatering facility for
future solids loads.
(b) ENGINEER will evaluate sludge storage and mixing requirements for future flow and
loading conditions. ENGINEER will provide recommendations for additional sludge
storage volume and mixing.
(c) ENGINEER will evaluate up to three (3) dewatering technologies including Belt Filter
Press, Screw Press, and Centrifuge. The comparison of alternatives will be based on a
20-year life cycle cost.
(d) ENGINEER will develop a layout for a future solids handling train to include dewatering
equipment, conveyors, and storage tanks as needed, including alternate locations for
solids dewatering.
(e) ENGINEER will summarize the results in a TM section titled "Solids Management'.
5.7. Tertiary Filtration Evaluation:
(a) ENGINEER will evaluate up to three alternatives for tertiary filtration. Evaluation will
consider future phosphorus limits identified in Task 4 (Planning Criteria Summary and
Modeling) and be compared based on a 20-year life cycle cost.
(b) ENGINEER will evaluate enhanced filtration with coagulation/flocculation process prior
to filtration, including chemical storage and feed.
(c) Filtration alternatives, at a minimum, will consider: retrofit of existing sand filters with
new technology and new cloth media filter facility. Filter options will be provided to
achieve effluent TP concentrations of 0.5 mg/L and 0.1 mg/L, respectively.
(d) ENGINEER will provide layout for future filtration and flocculation process.
(e) ENGINEER will summarize the results in a TM section titled "Tertiary Filtration".
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5.8. High -Risk Technical Evaluation
(a) ENGINEER will evaluate up to two (2) alternatives for the existing facilities ranked in
critical condition based on the findings of the criticality ranking via WRF SIMPLE tool
as a part of Task 2.
5.9. Gap Analysis:
(a) ENGINEER will Identify system deficiencies and problem areas based on the Planning
Criteria Summary and Modeling TM and results of other technical evaluations. Review,
analyze, and evaluate the existing capacity, performance, operating characteristics,
and maintenance history.
(b) ENGINEER will summarize the results in a TM section titled "Gap Analysis".
5.10. ENGINEER will develop a Technical Evaluations TM describing all technical evaluations.
ENGINEER will submit one copy (in bookmarked, searchable PDF format) of the draft TM.
After incorporation of OWNER review comments, ENGINEER will provide one final copy (PDF
format) of TMs to OWNER.
5.11 ENGINEER will conduct up to three Technical Evaluation workshops with OWNER to discuss
findings and recommendations of the Technical Evaluations. Each workshop will be assumed
to be up to 3 hours.
6. TASK 6—BUILDOUT FACILITY LAYOUT DEVELOPMENT
6.1. Overall Future Expansion Layout Evaluation:
(a) Based on results of the Planning Criteria Summary and Modeling TM and OWNER
accepted technical evaluation recommendations, ENGINEER will provide
recommendations for build out of the facility to meet load and flow projections.
(b) ENGINEER will review and compile technical evaluation findings and
recommendations to identify overlap and mitigate unintended consequences and make
corrections as necessary.
(c) ENGINEER will develop a recommended process flow diagram combining the
recommended alternatives from the Technical Evaluations. ENGINEER will provide
recommended site layout for future expansion to buildout (2043), providing one copy in
PDF format. Site layout exhibit will include underground facilities as shown on record
drawings or by field verification provided by OWNER.
(d) ENGINEER will include the recommended demolitions and future site electrical
requirements in the future site layout.
6.2 ENGINEER will conduct a Full Buildout Plant Layout workshop with OWNER to review plant
layout.
7. TASK 7 — CAPITAL IMPROVEMENTS PLANNING
7.1. Capital improvements planning will be based upon OWNER accepted technical evaluation
recommendations and accepted full build out master plan. For purposes of this evaluation,
detailed CIP planning will be provided for the short term. Projects identified beyond the short-
term planning period necessary for the buildout plan will be documented in the Master Plan.
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7.2. ENGINEER will evaluate the capital improvement needs for the facility and develop a project
inventory of all capital improvements proposed for the planning period. ENGINEER will assign
project identification numbers and project names to each identified project and document the
general scope of work for each.
7.3. ENGINEER will assign triggers for each project. The prioritization of projects will be based on
these triggers as determined by the decision maker stakeholder committee, which includes
ENGINEER as well as others as identified by OWNER.
7.4. ENGINEER will develop budget level opinions of probable costs for the capital improvements
identified on the project inventory. ENGINEER will coordinate with OWNER on the use of
standard cost multipliers in development of the opinions of cost.
7.5. ENGINEER will develop O&M budget impacts for each project. A $10,000 threshold will be
considered to categorize expenses paid by contract labor or CITY OF FAYETTEVILLE.
7.6. ENGINEER will generate a preliminary prioritization list for the projects.
7.7. ENGINEER will develop and provide an interactive tool capable of outlining options for the
required capital improvement projects whether, rehabilitation, upgrade, and expansion for the
Noland WRRF and associated infrastructure for the planning period. The tool will be capable
of being updated/maintained by the OWNER. Up to ten (10) funding scenarios will be
considered for the CIP development. The tool will allow the OWNER to make decisions within
a dynamic and flexible framework.
7.8. ENGINEER will conduct a CIP workshop with OWNER to present the findings.
7.9. The priority year for each project listed on the project inventory will be established in the CIP
workshop. The priority year represents the scheduling priority of projects to be implemented
within the next ten years and for which sources of capital funding must be identified. For
projects that are prioritized beyond the short-term planning period, less detailed funding
schedules will be developed. ENGINEER will prepare a preliminary capital funding schedule
based on the project year designations.
7.10. ENGINEER will prepare a Noland WRRF short term CIP report, which will be included as a
section in the Master Plan document, with a cost -loaded timeline for preliminary engineering,
detailed engineering, contract administration, construction, and inspection associated with
each major planned project listed on the project inventory. The report shall, at a minimum,
include:
(a) Stand-alone descriptions of each of the capital improvements.
(b) Probable costs that will be presented in terms of 2023 dollars.
8. TASK 8 — MASTER PLAN REPORT
8.1. ENGINEER will develop the executive summary, recommendations and conclusions, compile
report, table of contents, and appendices for draft report.
8.2. ENGINEER will document short term CIP.
8.3. ENGINEER will develop and document the implementation schedule.
8.4. ENGINEER will provide three hard copies and one electronic PDF of draft report.
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8.5. ENGINEER will conduct a draft review workshop with OWNER.
8.6. ENGINEER will incorporate review comments and complete final report.
8.7. ENGINEER will provide three hard copies and an electronic PDF, bookmarked and searchable,
of final report.
8.8. ENGINEER will present Master Plan recommendations to the OWNER's Water and Sewer
Committee. Prior to the presentation, the ENGINEER will provide the draft presentation to the
CITY OF FAYETTEVILLE for review and comment.
9. PROJECT DELIVERABLES
The following will be submitted to the Owner, or others as indicated, by ENGINEER:
(a)
Sampling Protocol Memorandum
(b)
Historical Data Review Technical Memorandum.
(c)
Asset Condition and Operational Assessment Technical Memorandum.
(d)
Planning Criteria Summary and Modeling Technical Memorandum.
(e)
Technical Evaluations Technical Memorandums.
a.
Nutrient Management
b.
Electrical Service and Standby Power
c.
Instrument, Controls and SCADA
d.
Pump Stations
e.
Headworks
f.
Solids Management
g.
Tertiary Filtration
h.
Gap Analysis
(f)
Full Buildout Plant Layout.
(g)
Master Plan Report.
a.
Short Term CIP
10. EXTRA WORK
The following items are not included under this agreement but will be considered as extra work:
(a) Revisions, due to changed conditions, after OWNER approval and ENGINEER
completion of final documents.
(b) Submittals or deliverables in addition to those listed herein.
(c) Pilot testing.
(d) Video inspections and/or pipeline cleaning.
(e) Wastewater flow monitoring
(f) Computation Fluid Dynamics (CFD) modeling.
(g) Environmental Handling and Documentation, including wetlands identification or
mitigation plans or other work related to environmentally or historically (culturally)
significant items.
(h) Risk assessments and Emergency Response Plans in accordance with America's Water
Infrastructure Act.
(i) Rate studies.
Q) Design phase services.
(k) Bidding and award services.
(1) Construction phase services.
(m) Operations and maintenance services.
(n) Funding support.
(o) Financial services.
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(p) Receiving Stream Modeling.
Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the
Owner and ENGINEER.
11. SCHEDULE
ENGINEER shall begin work under this agreement within ten (10) days of a Notice to Proceed and shall
complete the work in accordance with the schedule below:
Phase Description
Calendar Days
Task 1 —
Meeting
Project Work Plan and Kickoff
15 days from start date
Task 2 — Wastewater Characteristics
and Loading
45 days receipt of data
Task 3 — Field Assessments and
Verifications
45 days from Task II review comments
Task 4 —
and Modeling
Planning Criteria Summary
45 days from Task III review comments
Task 5 —
Technical Evaluations
120 days from Task IV review comments
Task 6 — Buildout Plant Layout
Development
60 days from Task V review comments
Task 7 —
Planning
Capital Improvements
45 days from Task VI review comments
Task 8 —
Draft Master Plan Report
45 days from Task VII review comments
Task 8 —
Final Master Plan Report
30 days from Draft Master Plan review comments
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12. PAYMENT
The table below presents a summary of the fee amounts and fee types for this Scope of Services.
WORK DESCRIPTION
FEE AMOUNT
FEE TYPE
TASK 1 - PROJECT MANAGEMENT AND QUALITY
$38,200
ASSURANCE
TASK 2 — WASTEWATER CHARACTERISTICS AND
LOADING ASSESSMENT AND HISTORICAL DATA
$39,400
REVIEW
TASK 3 — FIELD ASSESSMENTS AND VERIFICATION
$61,000
HOURLY RATE +
TASK 4 — PLANNING CRITERIA SUMMARY AND
MODELING
$107,100
EXPENSES
TASK 5 — TECHNICAL EVALUATIONS
$249,600
TASK 6 — BUILDOUT FACILITY LAYOUT
$41,600
DEVELOPMENT
TASK 7 — CAPITAL IMPROVEMENTS PLANNING
$93,200
TASK 8 — MASTER PLAN REPORT
$56,900
LABORATORY TESTING
$10,000
DIRECT COST
REIMBURSMENT
TOTAL FEE
$697,000
The CITY OF FAYETTEVILLE will pay the ENGINEER for Service rendered at the agreed upon rates
for each classification of ENGINEER's personnel (may include contract staff classified at ENGINEER's
discretion) plus reimbursable expenses including but not limited to printing, courier service,
reproduction, and travel. The total amount paid to ENGINEER under this Scope of Services is estimated
to be $697,000. The actual total fee may not exceed this estimate. For informational purposes, a
breakdown of ENGINEER's estimated cost is included in this Exhibit B with approximate current hourly
rates for each employee classification. The agreed upon rates will be increased annually with the first
increase effective on or about July 1, 2023. Underruns in any phase may be used to offset overruns in
another phase as long as the overall Agreement amount is not exceeded.
Expenses other than salary costs that are directly attributable to performance of our Services will be
billed as follows:
1. Direct cost for travel, long distance and wireless communications, outside reproduction and
presentation material preparation, and mail/courier expenses.
2. Direct cost (without any markup) for subcontract/subconsultant fees and permit fees.
3. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc.
Appendix A - Scope of Services 11 of 12 20W01162
Fayetteville Noland WRRF Master Plan
GARVER
The CITY OF FAYETTEVILLE will pay ENGINEER on a monthly basis, based upon statements
submitted by ENGINEER to the CITY OF FAYETTEVILLE for the scope of services described in this
agreement. Payments will be prompt and in full.
Additional Services (Extra Work). For work not described or included herein and for work beyond the
total fee amount, a contract amendment will be required.
Appendix A - Scope of Services 12 of 12 20W01162
Fayetteville Noland WRRF Master Plan
/_1»:101 a]/A-3
City of Fayetteville, Arkansas
Noland WRRF Master Plan
All Tasks
WORK TASK DESCRIPTION
E-7
E-5
E-5
E-4
E-4
E-4
E-3
E-2
E-1
D-1
X-2
S-5
S-4
2-Man Crew
(Survey)
GARVER
GARVER
TOTAL
$398.00
$282.00
$282.00
$234.00
$234.00
$234.00
$180.00
$145.00
$120.00
$112.00
$94.00
$181.00
$137.00
$219.00
LABOR
DIRECT
EXPENSES
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
Basic Services Section
1. TASK (1 - Project Management and Quality Assurance)
1.1 Project Work Plan
2
8
8
$3,780
$3,780
1.2 and 1.3 Owner Startup Meeting and Project Quality Management
4
8
8
8
4
4
$7,372
$500
$7,872
1.4 Owner Data Support
4
8
12
8
8
8
16
$11,160
$1,524
$12,684
1.5 Schedule and Updates
4
8
$2,808
$2,808
1.6 Monthly Invoices
16
8
$5,616
$5,616
Quality Control Review
8
8
$5,440
$5,440
$0
$0
Subtotal - TASK (1 - Project Management and Quality Assurance)
8
16
0
0
38
44
24
12
12
16
0
0
0
0
$36,176
$2,024
1 $38,200
2. TASK (2 - Wastewater Characteristics and Loading Assessment and Historical Data Review)
2.1 Flow Projections
8
4
2
16
$4,802
$4,802
2.2 Sampling Protocol
4
2
2
$1,586
$1,586
2.3 Previous Data Collection and Review
8
4
8
2
8
$5,498
$5,498
2.4 Wastewater Characteristics
16
16
24
$10,104
$10,104
2.5 Historical Data TM
4
6
8
16
16
$7,604
$7,604
2.6 Historical Data Workshop
4
1
4
1 2
2
1 8
1
$3,852
$514
$4,366
Quality Control Review
8
8
$5,440
$5,440
$0
$0
Subtotal - TASK (2 - Wastewater Characteristics and Loading Assessment and Historical Data Review)
8
12
0
0
16
40
40
46
32
0
16
0
0
0
$38,886
$514
$39,400
3. TASK 3 - Field Assessments and Verifications
3.1 Operations Meeting
4
4
$2,064
$500
$2,564
3.2 Site Inspections
8
8
8
8
8
8
$11,568
$500
$12,068
3.3 W RF Simple Tool and Risk Assessment
4
8
$2,808
$2,808
3.4 Maintenance Meeting
4
4
4
4
4
4
8
8
$7,904
$500
$8,404
3.5 Asset Condition and Operational Assessment TM
16
16
2
8
8
16
$13,540
$13,540
3.6 Asset Condition and Operational Assessment Workshop
4
4
4
4
12
12
12
32
$14,676
$540
$15,216
Quality Control Review
8
8
8
$6,400
$6,400
$0
$0
Subtotal - TASK (3 - Field Assessments and Verifications)
8
28
32
32
26
40
32
20
48
0
16
0
0
0
$58,960
$2,040
$61,000
4. TASK 4 - Planning Criteria Summary and Modeling)
4.1 Regulatory Review and Coordination
8
8
16
12
40
$13,164
$500
$13,664
4.2 Hydraulic Model
1
1 16
16
40
1 40
1
$17,224
$17,224
4.2.a Survey Hydraulic Control Points
2
8
8
2
8
30
$10,896
$500
$11,396
4.3 Process Model
8
40
40
80
$30,032
$30,032
4.4 Planning Criteria Summary and Modeling TM
6
20
16
24
24
16
$16,828
$16,828
4.5 Planning Criteria Summary and Modeling Workshop
4
4
6
12
8
$6,588
$488
$7,076
Quality Control Review
16
16
$10,880
$10,880
$0
$0
Subtotal - TASK (4 - Planning Criteria Summary and Modeling)
16
20
0
0
1 28
90
108
156
120
0
16
2
8
30
$105,612
$1,488
$107,100
5. TASK (5 - Technical Evaluations)
5.0 Technology Site Visits
16
$4,512
$500
$5,012
5.1 Nutrient Management
24
40
60
16
$23,436
$23,436
5.2 Electrical Service and Standby Power(including load shedding and or peak shaving)
36
16
30
60
$22,854
$22,854
5.3 Instrumentation, Controls, and SCADA
24
8
30
60
$18,606
$18,606
5.4 Influent Pump Station
8
16
30
60
$16,302
$16,302
5.5 Headworks
1
8
1 12
30
60
1
$15,582
$15,582
5.6 Solids Management
8
16
24
40
$13,032
$13,032
5.7 Tertiary Filter Evaluation
24
30
12
40
1
$17,556
$17,556
5.8 High -Risk
8
8
20
30
40
40
$24,808
$24,808
5.9 Gap Analysis
4
4
24
30
30
40
$22,230
$22,230
5.10 Technical Evaluations TM's
8
8
12
16
30
30
40
60
$30,870
$30,870
5.11 Technical Evaluations Workshops, up to 3
12
4
12
24
24
24
$19,944
$1,440
$21,384
Quality Control Review
24
24
$16,320
$16,320
$0
$0
Subtotal - TASK (5-Technical Evaluations)
24
52
20
84
24
156
252
316
480
0
60
0
0
0
$246,052
$3,548
$249,600
6. TASK 6 - Buildout Facility Layout Development)
6.1 Future Expansion Layout and PFD and Utilities
4
8
4
16
30
30
40
100
$33,430
$33,430
6.2 Future Expansion Workshop
2
2
2
4
$2,220
$510
$2,730
$0
$0
Quality Control Review
8
8
$5,440
$5,440
Fayetteville Noland WRRF Master Plan 1 of 2 Garver Project No. 20W01162
APPENDIX B
City of Fayetteville, Arkansas
Noland WRRF Master Plan
All Tasks
WORK TASK DESCRIPTION
E-7
E-5
E-5
E-4
E-4
E-4
E-3
E-2
E-1
D-1
X-2
S-5
S-4
2-Man Crew
(Survey)
GARVER
GARVER
TOTAL
$398.00
$282.00
$282.00
$234.00
$234.00
$234.00
$180.00
$145.00
$120.00
$112.00
$94.00
$181.00
$137.00
$219.00
LABOR
DIRECT
EXPENSES
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
$0
$0
Subtotal - TASK (6 - Buildout Facility Layout Development)
8
14
0
8
6
18
34
30
40
100
0
0
0
0
$41,090
$510
$41,600
7. TASK 7 - Capital Improvements Planning)
7.1 Summarize accepted recommendations
4
4
8
$2,616
$2,616
7.2 Evaluate needs and develop project inventory
12
16
4
40
$11,068
$11,068
7.3 Define project triggers
4
8
8
32
$7,376
$7,376
7.4 Develop budget level OPCCs for defined projects
8
8
8
8
4
60
$15,220
$15,220
7.5 Develop OM budgets for each project
8
8
4
32
$7,732
$7,732
7.6 Prioritize each project
4
4
4
8
4
24
$7,900
$7,900
7.7 Develop interactive tool
4
8
16
20
40
$13,388
$13,388
7.8 Conduct CIP Workshop
4
1
6
6
6
12
$6,456
$516
$6,972
7.9 Prepare preliminary capital funding schedule
4
8
$1,896
$1,896
7.10 Prepare 5-YR CIP Report
4
4
12
8
16
16
16
$10,408
$10,408
Quality Control Review
16
8
$8,624
$8,624
$0
$0
Subtotal - TASK (7 - Capital Improvements Planning)
16
12
12
12
14
62
86
52
272
16
16
0
0
0
$92,684
$516
$93,200
8. TASK (8 - Master Plan Report)
8.1 Develop Executive Summary, recommendations, conclusions, etc.
8
16
24
10
$11,386
$11,386
8.2 Document 5-yr CIP
1
1 4
6
2
40
$7,106
$7,106
8.3 Develop Implementation Schedule
16
12
4
$6,484
$6,484
8.4 Provide draft hard copies and PDF
4
4
$1,656
$1,000
$2,656
8.5 Draft Review Workshop
4
6
6
4
2
12
$6,386
$6,386
8.6 Incorporate Owner Comments
4
12
4
24
$6,556
$6,556
8.7 Provide final hard copies and PDF
4
4
$1,656
$1,482
$3,138
8.8 Conduct Final Presentation
4
6
8
8
12
$7,284
$7,284
Quality Control Review
12
4
$5,904
$5,904
$0
$0
$01
$0
Subtotal - TASK (8 - Master Plan Report)
12
1 12
1 0
1 0
1 28
1 54
1 74
1 22
1 88
1 0
1 0
1 0
1 0
0
$54,418
1 $2,482
1 $56,900
Subtotal - Basic Services Section 100 166 64 136 180 504 650 654 1092 132 124 2 8 30 $673,878 1 $13,122 1 $687,000
Hours Check 100 166 64 136 180 504 650 654 1092 132 124 2 8 30 673878 11514 685392
Project Totals 100 166 64 136 180 504 650 654 1092 132 124 2 8 30 1 $673,878 $13,122 1 $687,000
Project Totals (Cost) $39,800.00 $46,812.00 $18,048.00 $31,824.00 $42,120.00 $117,936.00 $117,000.00 $94,830.00 $131,040.00 $14,784.00 $11,656.00 $362.00 $1,096.00 $6,570.00
Fayetteville Noland WRRF Master Plan 2 of 2 Garver Project No . 20W01162
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 WASTEWATER TREATMENT (730)
2022
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A budget adjustment is needed to transfer budgeted funds to the WWTP Building Improvements for Engineering
Services for Facilities Master Planning Services. As population continues to increase, it is pertinent to keep long range
capacity planning efforts updated so that future capital financing can be considered proactively. This plan will address
existing and future capacities of each unit and ancillary process at the Noland WWTP. Budgeted funds are being
transfered from the Sanitary Sewer Rehabilitation project to cover this cost.
RESOLUTION/ORDINANCE
COUNCIL DATE: 9/6/2022
LEGISTAR FILE ID#: 2022-0776
Hovy 3lack�
811912022 8:48 AM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 9/6/2022
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
v.20220818
Proiect.Sub#
Project Sub.Detl AT Account Name
5400.730.5800-5314.00
697,000 -
02032 1 EX Professional Services
5400.720.5700-5815.00
(697,000) -
02017 1 EX Improvements - Sewer
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\09-06-22\2022-0776 BA Garver WRRF Facilities Master Plan 1 of 1