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HomeMy WebLinkAboutOrdinance 3534 FILED FOr, RECORD �91 FEB 26 P17 ORDINANCE NO . � 53d " SHINCT4N 07 + Q• CA- KO AN ORDINANCE WAIVING THE REQUIREMENTS OF EVER COMPETITIVE BIDDING AND AWARDING A CONTRACT NOT TO EXCEED $ 40 , 000 TO DR , RICHARD L . MEYER FOR WATER QUALITY SAMPLING AND ANALYSIS AND �le DECLARING AN EMERGENCY TO EXIST . !.J� BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF � FAYETTEVILLE , ARKANSAS : Section 1 , The Board of Directors hereby waives the requirements of competitive bidding for a contract not to exceed $ 40 , 000 to Dr . Richard L . Meyer for water quality sampling and analysis for the following reasons : ( a ) Dr . Meyer was one of the scientists who performed the E . P . A . joint Oklahoma-Arkansas- Illinois River Study and as a result has already done much of the sampling , testing , and analyzing which will need to be done . ( b ) Due to his involvement with the E . P . A . study , Dr . Meyer has exceptional and unique credibility with the Arkansas Department of Pollution Control & Ecology . ( c ) Dr . Meyer has served as a consultant with the Beaver Water District in the Illinois River litigation and as a result he is familiar with Fayetteville ' s position in that litigation and the City ' s E . P . A . permit for the split-flow . ( d ) Time is of essence in starting and obtaining the results of the water quality samplings and analysis and Dr . Meyer ' s selection would require considerably less time to start and complete the project due to his prior involvement and experience with the particular project . Section 2 . The Board of Directors hereby determines that the immediate awarding of this contract is necessary for the City to provide and plan for adequate disposal of the City ' s effluent under an E . P . A . approved permit and that this contract award is therefore essential to the health , safety and welfare . Accordingly , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . us(R 1404PI.GE285 PASSED AND APPROVED this 19th day of February , 1991 . APPROVED : By : . Mayor ATTgST : . ol � Cjugrk LIBER 14O4PAGE286 It Alma Kol!meyer, Circuit Clerk and Ex-o`.ficio Recorder for Washington County, Arkansas, do hereby certify that this In- strument was filed for record in my office as indicated hereon and the same is now duly recorded with the acknowlecigoment and certificate thereon in Record Book and Page as indicatcd thereon. IN WI NE2 WHEREOF, I have herounto �n ^A. �7� set my hand and affixed the seat of said CEIiIEMCTE OF RECORD Court on the data indicated hereon. State of Arhenns Cityp of Fayetteville Alma KClerk an I, Sh rMe Exm Circuit Clerk and Offfciiorecorder for the k City of &•officio Recorder FayettevWe, do hereby certify that the annexed or foregoing is of record in any +- office and the same appears in Ordinance & Resolution book AV at Mpage SSS a Witness my hand and l9j J4977 y of f, ! . Clry lark as &i-Officio Rccordai• AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT entered into this AW day of , 1991 , by and between the City of Fayetteville , Arkansas , hereinafter referred to as the " City" and Dr . Richard L . Meyer , hereinafter referred to as the " Provider " . WHEREAS , the City is in the need of professional services for certain water quality sampling and analysis of area streams in order to proceed with EPA permitting ; and WHEREAS , the Provider has exceptional and unique experience in providing these specific professional services ; and WHEREAS , the City by Ordinance No . 3534 waived the requirements of competitive bidding for such professional services and approved the award of a contract to the provider for these services ; NOW , THEREFORE , in consideration of the mutual covenants and agreements herein contained , the City and the Provider , the parties hereto , stipulate and agree that the City does hereby employee the Provider as an independent contractor to perform the required professional services as hereinafter set out and the Provider agrees' to provide said services . SECTION 1 , SCOPE OF SERVICES . The Provider shall provide at his own expense the necessary labor and staff to personally perform the necessary samplings and analysis and to report his data and conclusions to the City . Services to be rendered by the Provider will be as stated in Provider ' s letter outlining the scope of work dated January 28 , 1991 and incorporated herein by reference . In consideration of the performance of the foregoing services by the Provider , the City shall compensate the Provider on the basis of lump sum and unit prices as set out below : Hourly Billing Rate ( $/hr ) Project Manager $ 150/hr Field Sampling & Analysis $ 15 , 000 & Supervision ( lump sum ) Analysis of Data & Report Preparation $ 51000 ( lump sum ) Provider shall be reimbursed for direct out-of-pocket expenses including travel expenses , rental expenses if needed , purchase of material and other expenses directly attributable to the project . The fees for services to be provided will be provided at the above rates with the maximum total billing , including reimbursements , not to exceed $ 40 , 000 . Payment under this agreement shall be made monthly based upon unit prices of services provided plus a pro rata share of lump sum fees based on the percentage of services completed as calculated by the Provider and verified by the City . Payment shall be made within 15 days after claim submittal by the Provider . SECTION II . NO ASSIGNMENT WITHOUT CONSENT . This agreement shall be binding upon the parties hereto , their partners , heirs , successors , administrators and assigns ; and neither party shall assign , sublet or transfer his interest in this agreement without the prior written consent of the other party hereto . SECTION III . INDEPENDENT CONTRACTOR STATUS . The Provider shall have complete control over the methods of sampling , testing and analyzing provided that all methods conform to EPA requirements for laboratory quality control and quality analysis . Provider further agrees to apply to the Arkansas Department of Pollution Control & Ecology for EPA quality control/quality analysis certification . The provider and the City stipulate and agree that the provider is an independent contractor and not an agent or employee of the City in providing any services under the terms of this agreement . IN WITNESS WHEREOF , the City has caused these presents to be executed in its behalf by its duly authorized representatives , and the said Provider , and the parties hereto have set their hands on the date heretofore set out . CITY OF FAYETTEVILLE , ARKANSAS By : 4 2 Mayor ATTEST : > By : ZZIiAd c:26(GG✓ City Clkrk CONTRACTOR . By : A t . >� .r , ; / Dr . Richard L . Meyer / ATTESTj By : MUD CREEK, CLEAR CREEK & ILLIOIS RIVER SAMPLING PROTOCOL SAMPLE PARAMETERS Temperature Nitrate - N Ammonia - N Total Nitrogen Ortho - Phosphorus Total Phosphorus Turbidity SAMPLE SITES Discharge into unnamed stream Unnamed stream at Crossover Road or Paradise Golf Course Mud Creek at Old Missouri Road or Paradise Golf Course Mud Creek at Gregg Street Clear Creek in Johnson Clear Creek in Savoy Illinois River at Arkansas Highway 16 near Savoy Illinois River at Arkansas Highway 16 near Siloam Springs Illinois River at Arkansas Highway 59 above Lake Frances Illinois River at US Highway 59 below Lake Frances SAMPLING SCHEDULE May through September , 1991 : bi -weekly One or more storm events , if not included in regular sampling schedule . Dr . Richard L . Meyer 29 March 1991 Richard L. Meyer, PhD 11 . 02 2909 Strawberry Drive Fayetteville, AR 71703 (501) 521-4147 January 28 , 1991 Mr . Scott Linebaugh , City Manager City Administration Building 113 W . Mountain Fayetteville , AR 72701 Dear Mr . Linebaugh Pursuant to your request , I am submitting this proposal to perform professional services for the city of Fayetteville , The services will consist of water quality sampling and analysis of nearby streams . The scope of work will consist of ( 1 ) gathering water samples at from four to eight sampling stations once a week for eight - weeks , and once every two weeks for sixteen additional weeks , ( 2 ) testing the water samples , ( 3 ) analyzing test data , and ( 4 ) preparing a written report ( s ) setting out the test data and my conclusions . All testing will meet EPA requirements for quality assurance and quality control . I estimate the total cost ( fees and expenses ) for the project to be between $ 25 , 000 and $ 40 , 000 , but not to exceed $ 40 , 000 . Thank you for considering the use of my services . Sincerely Dr . Richard L . Meyer (/1 receive 1611--31 -qt STATE of ARKANSAS 1 ORD I NANCENo. ]S7a County Of Weshington AN ORDj`NANC, AIVING THE REOUIR ENTS OF COMPETITIVE *BIDDING AND AWARDING A CON- I, T /� "�(/���^'� hereby certify that I TRACT NOT TO EXCEED - $40,000TODR. RICHARDL. am the publisher ENORTHWEST AR NSAS TIMES, a dally newspaper MEYER FOR WATER having a second class mailing privilege, and being not less than four pages of QUALITY SAMPLING AND ANALYSIS AND DECLAR- five columns each, published at a fixed place of business and at a fixed (daily) ING AN EMERGENCY TO Intervals continuously in the City of Fayetteville. County of Washington, Arkansas EXIST. BE IT ORDAINED . BY for more than a period of twelve months, circulated and distributed from an THE BOARD o.F:'bfkEC- established place of business to subscribers and readers generally of all classes TORS OF -THEy• �CIT{YG' �F In the City and County for a definite price for each copy, or a fixed rice per FAY £ T TIE"V"I ;L L 'E , P ARKANSAS : annum, which price was fixed at what Is considered the value of the publication, Section 1 . The Board of based upon the news valueand service value It contains, that at least fifty percent Directors hereby waives the requirements of competitive of the subscribers thereto have paid cash for their subscriptions to the newspaper bidding for a contraEftdt to or Its agents or through recognized news dealers over a period of at least six exceed $+oa to> tar months; and that the said newspaper publishes an average of more than fort r . Richard L. Meyer for'water Pa Pe P g Y qua l liy sa mpling 'and gnaw- percent news matter. sis for the following reasons: (a) Dr. Meyer was one of the saentisis who one I further certify that the legal notice hereto attached in the matter of the E.P.A. lotot "Oki ahoma- Arkansas- Illinois River Study and as a result has al. tri � D n0 ��a� o(� ready done much of the J �f/ a / sampling, testing, and ana- lyzing which will needto be done. . . was published in the regular daily issue of said newspaper for (b) Due to his involvements consecutive insertions as follows: with the E.P.A. Study, Dr. Meyer has exceptional and � _• �o n / unique credibility with the The first Insertion on the day of 19 Arkansas Department of Pollution Control & Ecology. (c) Dr. Meyer has served as the second Insertion On the day of 19 a consultant with the Beaver Water District in the Illinois River litigation and as a the third Insertion on the day of 19 result he is familiar with Fayetteville's position in that litigation and the City's and the fourth insertion on the da yof 19 E.P.A. permit, for the split- J� flow. / (d) Time is of essence in starting and obtaining the �Q results of the water quality Sworn to and subscribed before me on is Ayi day of samplings and analysis and Dr. Meyer's selection would require considerably less time to start and complete I 9 T�--- the project due to his prior Involvement and experience �— with the particular project. d '- Section Y. The Boa r' of NO Public Directors hereby deter mines that the Immediate awarding of this contract Is My Commission Expires: necessary for the City to provide and plan for ade- (�' _ 9 / quate disposal of the City's I / u effluent under an E.P.A. ap proved permit and that this contract award Is therefore essential to the health, safe- ty and welfare. Accordingly, I / an emergency is hereby Fees for Printing _ S ((?�.2f--S� declared to exist and this or- dinance being necessary for the public health, safety and • (lost Of Proof —. S welfare shall be in full force 1 and effect from and after Its j Q passage and approval Total _ S6131 l03 PASSED AND APPROVED I this 19th day of February, 1991. . ` .APPROVED: By : Fred S. Vorsanger RECLI:ryP (� yy {� V p� Mayor i R Y G ATTEST By Sherry L. Thomas City Clerk -, APR 0 8 1991 FINANCE DEPT.