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Home My WebLink About68-88 RESOLUTION THE CITY OF FAYETTEVILLE,ARKANSAS SHERRY THOMAS,CITY CLERK March 8, 1990 8W SCANNED Due to an oversight and during change of personnel, there was no resolution/ordinance drafted for the attached. 113 WEST MOUNTAIN 72701 501 575-8323 .� �c Se /J5 AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND CH2M HILL SOUTHEAST, INC. TO FURNISH OPERATIONS AND MANAGEMENT SERVICES FOR THE FAYETTEVILLE, ARKANSAS WATER POLLUTION CONTROL PLANT This Amendment is made and entered into this day of September, 1988 by and between CH2M HILL SOUTHEAST, INC.—Thereinafter "Engineer") , whose address for any formal notice required by this Agreement is P.O. Box 230548, Montgomery, Alabama 36123-0548, and the CITY OF FAYETTEVILLE, ARKANSAS (hereinafter "Owner") , whose address for any formal notice required by this Agreement is 113 West Mountain Street, Fayetteville, Arkansas 72701 . This is Amendment No. 3 to the Agreement dated February 27, 1984 between the Engineer and the Owner. WHEREAS, the Owner and the Engineer have entered into contracts under which the Engineer will design, supervise construction of improvements to, and operate the Fayetteville Water Pollution Control Plant to bring said plant into compliance with an Administrative Order issued by the United States Environmental Protection Agency. THEREFORE, the parties mutually agree to amend said agreement as stated herein. Article 1 .0, GENERAL, is amended as follows: 1 .2 This Agreement shall supercede and nullify from the date hereof all previous offers, service fee quotations, representations and warranties made, whether written or verbal, between the two parties with respect to the management, operation and maintenance of Fayetteville's Treatment Plant (hereinafter referred to as "the treatment plant") , pump stations, and sludge management site. 1 .3 The Agreement, including its referenced Appendices and Amendments, is the entire Agreement between Fayetteville and OMI with respect to the management, operation and maintenance of the treatment plant, pump stations, and sludge management site. Article 2.0, DEFINITIONS, is amended as follows: 2.18 "Pump stations" is defined as those structures used to move the sewage through the collective system to the treatment facility and further defined as those listed in Appendix H. 2.19 "Sludge management site" (SMS) is that site as described in the Sludge Management Plan, Preliminary Report, Value Engineering Study, Fayetteville Wastewater Project, December 1983. AC1 .ch2m hill.03.a - 1 - 081638 Article 3.0, LOCATION, is amended as follows: 3. 1 All equipment, grounds and facilities, including the Mud Creek Lift Station, and sludge management site, beginning at the point where the wastewater enters the plant boundary. 3.2 All equipment, grounds, and facilities included in Appendix H (pump stations) . Article 4.0, OWNERSHIP, is amended as follows: 4. OWNERSHIP 4.1 All facilities and equipment within the boundaries of the treatment plant, sludge management site, and pump stations described in Article 3 herein shall remain the property of Owner. Engineer shall have full access to all facilities, equipment and vehicles if such access is necessary for Engineer to fulfill it's obligations under this Agreement. 4.3 Engineer, with the prior written approval of Owner, may add facilities or equipment to improve the operation of the treatment plant, sludge management site, and pump stations. Said facilities and equipment shall remain the property of Owner upon termination of this Agreement. 4.4 All vehicles, such as autos, pickup trucks, dump trucks, dumpsters, trailers, tractors, and boats, assigned to the facility will be provided for Engineer's use in providing services for the treatment plant, sludge management site, and pump stations. Vehicles assigned to OMI which shall remain the property of Owner are shown on the attached Appendix A. 4.6 Within 30 days from the date Engineer begins to supply services under this Agreement, Engineer will furnish Owner a written inventory of Owner's portable equipment that Engineer will utilize at the treatment plant, pump stations, and sludge management site. Article 5.0, SCOPE OF SERVICES, is amended as follows: 5.4 Engineer shall pay all Operating Expenditures incurred in normal treatment plant, pump stations, and sludge management site operations, excluding the expenditures for power at the pump stations. Materials ordered by Owner before the effective date of this Agreement will be paid for by Owner. Owner will have on hand or on order a thirty (30) day inventory of supplies listed in Appendix C on the effective date of this Agreement. Engineer will invoice Owner for any costs incurred in order to bring the supplies to the thirty (30) day AC1 .ch2m hill.03.a - 2 - 081688 level. Owner will pay said invoice in accordance with Article 7.2. Upon termination of this Agreement, Engineer will leave the thirty (30) day inventory of supplies listed in Appendix C. The following list contains items specifically excluded from OMI's payment obligations. a. Capital Expenditures as defined in Article 2.5 of this Agreement b. Requested changes in work scope by Owner c. Indirect or consequential damages d. Flood and fire damages e. Any costs associated with the collection of wastewater or the conveyance of wastewater to the Treatment Plant, excluding the operation and maintenance of the pump station listed in Appendix H. f. Other Costs resulting from conditions or occurrences over which Engineer has no control. g. Electrical costs for the pump stations listed in Appendix H . 5 .11 Engineer's responsibility for the disposal of screenings, and grit is limited to the disposal at the Northwest Arkansas Waste Management Landfill. Engineer's responsibility for the sludge management site (SMS) shall be application of sludge on the SMS in accordance with ADPC&E regulations, recording of operational data, moving of the traveling guns, and the operation and maintenance of Fayetteville-owned SMS equipment. Engineer shall be responsible for removal of the crop, and the farming activities to the extent that such activities can be accomplished through a contract with local farmers to the satisfaction of Engineer and Owner. The removal of the crop, and the farming activities, shall be administered by Engineer but shall be Owner's responsibility. If, at any time, the contract with the farmers is not satisfactory, an appropriate change in scope to reflect any change in Engineer costs for alternate methods will be subject to negotiations. 5.16 Engineer's responsibility for the sludge management site (SMS) shall be application of sludge on the SMS in accordance with ADPC&E regulations, recording of operational data, moving of the traveling guns, and the operation and maintenance of Owner's SMS equipment. The removal of the crop, and the farming activities, shall be administered by Engineer but shall be Owner's responsibility. AC1 .ch2m hill.03.a - 3 - 081688 • • • • • • Article 8.0, INDEMNITY AND LIABILITY, is amended as follows: 8.1 Engineer hereby agrees to, and shall hold Owner, officers and employees, harmless from any liability or damages for bodily injury, including death, as well as from claims for property damage which may arise from OMI's negligent operations under this Agreement, whether such operation be by Engineer or by subcontractor of Engineer; provided, however, this Article 8.1 shall not apply to bodily injury including death or property damage arising out of the discharge, dispersal, release, or escape of wastewater from the pump stations of the Treatment Plant effluent into or upon land, the atmosphere, or any watercourse or body of water where such discharge, dispersal, release, or escape is not due to negligence of Engineer. Owner agrees to and shall hold Engineer, its officers and employees harmless from any liability or damages for bodily injury, including death, which may arise due to any discharge, dispersal, release, or escape, and to undertake the defense of such a liability claim and pay any (1 ) judgement against Engineer and/or Owner or, (2) agreed to settlement. 8.5 Engineer's liability to Owner under this Agreement specifically excludes any and all indirect or consequential damages arising from the management, operation and maintenance of the treatment plant, pump stations, or sludge management site. Article 10, TERM AND TERMINATION, is amended as follows: 10.1 This Agreement shall continue until December 31 , 1993 in accordance with Article II unless terminated as provided by this Article 10. Appendix H is hereby added to this Agreement. All other terms and conditions remain in effect in accordance with the Agreement first referenced in this Amendment No. 3, and in amendment No. 1 and 2 unless superceded by this Amendment No. 3. IN WITNESS THEREOF, the parties have caused this Amendment to be executed as of the date first written above. Authorized Signature Authorized Signature flt'üt Q .ems..._, Mari yn Jo nson CF(ff G. Thompson Mayor Vice President CITY OF FAYETTEVILLE, CH2M HILL SOUTHEAST, INC. ARKANSAS AC1 .ch2m hill.03.a - 4 - 081688 Appendix H LIST OF PUMP STATIONS 1 . Zion Road and Highway 71 2. Millsap Road 3. Bishop Addition 4. Poplar Street 5. Gregg Street 6. 265 and Old Wire Road 7. County Road 877 8. North Street 9. Porter and Hatfield 10. Dead Horse Mountain 11 . Farmington Branch 12. Double Springs 13. Stonebridge 14. Industrial Park 15. Country Club Estates 16. McCellum Avenue 17. Airport South 18. Greenland 19. Baldwin 20. Highway 112 21 . South P.C. AC1 .ch2m hill.03.a - 5 - 081688