HomeMy WebLinkAboutOrdinance 3534 FILED FOr,
RECORD
�91 FEB 26 P17
ORDINANCE NO . � 53d " SHINCT4N 07
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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.