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HomeMy WebLinkAbout20-88 RESOLUTION • RESOLUTION NO. 20-88 SCANNED A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH METCALF & EDDY, INC. FOR AN ENGINEERING STUDY OF ODOR AND CORROSION PROBLEMS IN THE FAYETTEVILLE SEWER SYSTEM. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Metcalf & Eddy, Inc. for an engineering study of odor and corrosion problems in the Fayette- ville sewer system. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof . PASSED AND APPROVED this 15th day of March , 1988 . APPROVED By ?)--)0A-4.12,tri (7)B141,44-41 -- Mayorr ATTEST .B =Y :1 i Clerk M1CRO f1114) AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND METCALF & EDDY, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this aday of //k 19U15 , by and between the City of Fayetteville, Arkansas acting herein by and through its City Board of Directors is duly authorized so to act , hereinafter called the City and Metcalf & Eddy, Inc. with offices at 1430 West Peachtree Street, Suite 200, Atlanta , Georgia 30309 , who will utilize McGoodwin, Williams, and Yates with offices at 909 Rolling Hills Drive , Fayetteville, Arkansas 72701, as a subcontractor for a portion of the work. WITNESSET H: In consideration of the mutual promises, convenants and agreements herein contained , the parties agree as follows : WHEREAS, the City desires to investigate and make recommendations to minimize the odor and corrosion problem within the Fayetteville Sewage Collection System. SA-02 -2- NOW THEREFORE, in consideration of the premises hereof , the mutual promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged , the parties agree as follows : ARTICLE 1 - ENGAGEMENT OF THE ENGINEER The City hereby engages the Engineer , and the Engineer hereby accepts the engagement to perform certain professional engineering services for the City in connection with the Fayetteville Sewage Collection System, hereinafter called the Project . ARTICLE 2 - SERVICES OF THE ENGINEER 2 .1 The Engineer will perform professional services at the level of effort as further set forth in Tasks 1 through 3 of SECTION THREE of the Engineer ' s January 11, 1988 proposal to the City, marked "Exhibit A" and being attached hereto and made a part thereof . 2. 2 Carl Yates of McGoodwin, Williams, and Yates will act as local project liaison. SA-0 2 -3- ARTICLE 3 - RESPONSIBLITIES OF THE CLIENT The City without cost to the Engineer , will : 3 . 1 Place at the disposal of the Engineer all available information pertinent to the Project upon which the Engineer can rely, including previous reports and any other data relative to investigation and evaluation of the study area. 3 . 2 Provide access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform his work under this Agreement . 3 . 3 Designate in writing a person to act as the City's representative with respect to the work to be performed under this Agreement, such person to have complete authority to transmit instructions , receive information, interpret and define the City 's policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this Agreement. 3 .4 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be required. SA-02 -4- ARTICLE 4 - PERIOD OF SERVICE 4. 1 The Services called for in this Agreement shall be completed and the report submitted within 120 calendar days. Upon receipt of notice to proceed by City, Engineer will begin services. Time is expressly made of the essence of this agreement. 4 . 2 In the event that the Engineer (or any of its subcontractors) is delayed at any time in performing the tasks set forth herein by any act or neglect of the City, or any representative, contractor , employee or agent of the City, or by labor disputes, fire and other casualty , unusual delay in transportation, inclement weather, act of war or governmental preemption , or any delay in the review of specific tasks set forth herein, in approval by any government agency, federal, state or municipal, or any causes beyond the Engineer ' s control, or by delay authorized by the City pending resolution of a dispute , or any significant modification or changes in the extent of the work to be performed by the Engineer , then the time for completion of the Project shall be extended by the same number of days as such occurrence delays such completion. The Engineer shall not be responsible for , and the City shall hold the Engineer harmless from, any SA-02 -5- expenses or other consequences resulting from any occurrences or delays arising from any act or neglect of the City or any representative, contractor, employee or agent of the City. ARTICLE 5 - PAYMENT TO THE ENGINEER 5. 1 For services performed under Article 2. 1, the City will pay the Engineer the lump sum fee of twenty-one thousand dollars ($21, 000) . Progress payments shall be made monthly according to the following progress payment schedule: Days From Payment Cumulative % of Notice to Proceed To Engineer Payments Total Fee 45 $7,500 $7,500 36% 75 $7 ,500 $15,000 71% 105 $3,000 $18,000 86% 135 $3 ,000 $21,000 100% SA-0 2 -6- 5. 2 The fee is based on this Agreement being executed before July 1, 1988 and the services proceeding in an orderly and continuous manner so they can be completed by November 1 , 1988. If the services do not start or they cannot be completed by those dates , for reasons beyond the control of the Engineer as set out in Article 4 .2 herein, the fee or the scope of services shall 'be renegotiated. ARTICLE 6 - GENERAL PROVISIONS 6. 1 Litigation and Additional Work In the event the Engineer is to prepare for or appear in any litigation in behalf of the City or is to make investigations or reports on matters not covered by this Agreement, or is to perform additional work including but not limited to work due to changes in codes or regulations issued by any regulatory agency after execution of this Agreement, or is to perform other services not included herein, additional compensation shall be paid the Engineer as is mutually agreed upon. SA-02 -7- 6 . 2 Estimates Because the Engineer has no control over the cost of labor, equipment or services furnished by others, or over contractor ' s method of determining prices, or materials , over competitive bidding, or over market conditions, the estimates of construction cost provided for herein are to be made on the basis of its experience and represent its best judgement, but the Engineer cannot and does not guarantee that bids or the actual Project construction cost will not vary from cost estimates prepared by Engineer . 6 . 3 Insurance The Engineer will carry the following insurance with respect to the services he performs for the duration of this Agreement. 6 . 3 .1 Workers ' Compnesation as required by the general laws of Arkansas. 6 . 3 . 2 Public Liability insurance with limits of $1, 000 , 000 each occurrence for bodily injury including accidental death and limits of $1, 000 , 000 each occurence and in the aggregate for property damage. SA-02 -8- 6 . 3 . 3 Automobile Liability insurance covering the operations of all motor vehicles owned , leased , hired, or used by the Engineer in the furtherance of this Agreement with limits of $1, 000, 000 each person, $1, 000 , 000 each occurrence for bodily injury,and $1,000 ,000 each occurrence for property damage. 6 . 3 . 4 The Engineer shall furnish , prior to the commencement of work under this Agreement , certificates of insurance evidencing Workers Compensation, and the Public and Automobile Liability coverage required . 6 . 3 .5 Professional Liability Insurance for protection against claims arising out of the negligent performance of services as engineer and caused by any errors or omissions of the insured in the amount of $1,000 , 000 . 6. 3 . 6 Both parties to this Agreement hereby agree mutually to waive any right which each may have against the other with respect to subrogation under any policy of insurance relating to the services or work provided under this Agreement. SA-02 -9- 6 . 4 Limitation of Liability To the fullest extent permitted by law, Engineer ' s liability to the City for damages shall not exceed the amount of professional liability insurance required by paragraph 6 . 3 . 5 . 6 . 5 Consequential Damages In no event shall the Engineer , its officers, agents, employees or subcontractors be liable for special, indirect, or consequential damages. 6 . 6 Interpretation Releases from, indemnities against , limitations on, and assumptions of liability expressed in this Agreement shall apply even in the event of the breach of contract or warranty, fault, tort including negligence, or strict liability (or any other cause of action except for willful or reckless disregard of obligations) of the party released, indemnified, or whose liability is limited or assumed. 6 . 7 Controlling Laws This agreement or any other formal agreement is to be governed by the laws of the State of Arkansas. SA-02 -10- ENDINGS IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written . WITNESS CITY OF FAYETTEVILLE, ARKANSAS By: ?ha, Title: U APPROVED as to form: ‘>21r- ' ty Attorney CERTIFICATION OF AVAILABLE FUNDS Certification is herewith given that appropriated funds are available for payments required by the terms of this Agreement. ity eas er or Chief Fi ncial Officer WITNESS METCALF & EDDY, I By: ' AAjcis0 G I Am Title : Vice President SA-02 EXHIBIT A SECTION THREE PROPOSED WORK PLAN E .A..sic 1: SUMMARY OF EXISTING PROBLEMS Metc E will caulate force main and interceptorvels ngwithe associated detentiontimes.To verify that the odors observed by the community are in fact hydrogen sulfide, M&E will calculate the potential for hydrogen sulfide generation in the force mains and interceptors, and compare with the results of sampling conducted at selected manholes and pump stations. 3 . McGoodwin, Williams & Yates will perform a detailed inspection and sampling program in 7 of the lift stations most affected. Five wastewater samples will be collected from each station and analyzed for the following parameters : . Soluble BOD . Dissolved sulfides . Sulfates . pH Dissolved Oxygen Wastewater Temperature Oxidation-Reduction Potential (ORP) . Ambient hydrogen sulfide in air 4 . Corrosion potential will also be evaluated , and areas of greatest concern within the sewer collection system identified. SA-0 2 TASK 2: EVALUATION OF ALTERNATIVE SOLUTIONS 1. Odor and corrosion control options will be identified , including , but not limited to: (a) Pipe modification to increase velocities and shorten detention times. (b) Chemical addition to achieve one of the following : 1. Oxidize odorous molecules into more stable odor-free molecules by adding chlorine , hydrogen peroxide , or potassium permanganate . 2. Prevent the chemical reduction of sulfates by adding nitrate to the wastewater flow. 3 . Precipitate sulfides with the addition of metal salts . 4 . Inactivate the sulfide-producing slime layer by the periodic addition of caustic soda . (c) Injection of dissolved oxygen at the pump stations to prevent sulfide buildup and reduce odors already present. (d) Addition of odor control systems at the pump stations such as scrubbers and carbon columns for odors stripped from the sewage as it enters the pump station and from odors in the wet well . (e) Sliplining of selected existing lines to correct corroded lines, or to prevent corrosion is susceptible. 2. Options will be evaluated according to a number of criteria including relative cost, efficacy, ease of operation, and compatibility with the City 's existing system. SA-02 TASK 3: DEVELOPMENT OF RECOMMENDED PLAN AND ESTIMATED COST 1. Metcalf & Eddy will develop specific recommendations and a construction cost estimate for the repair of damaged areas . 2. A program for ongoing control of odors and corrosion in the collection system will also be recommended . 3 . A implementation method will be identified and provided for (1) and (2) , above. SA-0 2