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HomeMy WebLinkAbout68-88 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
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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.
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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
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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.
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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
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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.
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