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.
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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.
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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.
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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
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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%
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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