HomeMy WebLinkAboutOrdinance 4223 ORDINANCE NO. 4223
AN ORDINANCE AMENDING CHAPTER 51 : WATER AND
SEWERS, OF THE CODE OF FAYETTEVILLE, TO AMEND
THE FEE FOR SERVICE RECONNECTION; PROVIDE FOR A
MINIMUM BILLING; AND AMEND THE CHARGE FOR
BROKEN LOCKS AND COUPLINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 51 , Water and Sewers, Section 51 . 140, Water Billing Procedure,
Subsection (B)(3), cf the Code of Fayetteville, is hereby deleted and the following shall be
inserted in its stead:
§51 . 140 Water Billing Procedure.
(B) (3). Before service may be reestablished following disconnect or
forfeiture of a service deposit, the consumer must pay the bill due the City for
water service or that part of any bill due the City for water service not liquidated
by the forfeited deposit. Said consumer must also make a new service deposit in
accordance with §51 . 135 (I) and pay an additional service charge of $35 .00.
Section 2. That Chapter 51 , Water and Sewers, Section 51 . 136, Monthly Water Rates,
Subsection (A) ( 1 ), paragraph one, of the Code of Fayetteville, is hereby deleted and the
following shall be inserted in its stead:
§51 . 136 Monthly Water Rates.
(A)(1 ). The water usage of each customer shall be determined each month
by meter measurement and the amount per 1 ,000 gallons to be paid for water
usage by each customer shall be computed on the basis of the following schedule
of rates. The minimum billing shall be 1000 gallons per month.
Section 3 . That Chapter 51 , Water and Sewers, Section 51 .002, Water Meters,
Subsection (B)(3), of the Code of Fayetteville, is hereby deleted and the following shall be
inserted in its stead:
§51 .002 Water Meters.
(B)(3). If, after the City terminates water service for any reason, the
customer tampers with the water meter and breaks the coupling or lock, water
service shall not be reconnected until the customer pays a damage charge in the
amount of $40.00 and the reconnection charge prescribed by §51 . 140 (B)(2), plus
a charge of $5 .00 per trip made by a water and sewer department employee to the
damaged meter to repair or replace the broken coupling or lock.
Page 2
Ordinance No. 4223
PASSED AND APPROVED this 15th day of February 2000.
APPROVE
V By:
Fred Hanna, Mayor
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A *Jt nil
By:
Heather Woodruff, City Cl Ick
7I
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
J
Ow
vA 4U3
00 WOW
ORDINANCE NO,
AN ORDINANCE AMENDING CHAPTER 51 : WATER AND
SEWERS, OF THE CODE OF FAYETTEVILLE, TO AMEND THE FEE
FOR SERVICE RECONNECTION; PROVIDE FOR A MINIMUM
BILLING; AND AMEND THE CHARGE FOR BROKEN LOCKS AND
COUPLINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That Chapter 51 , Water and Sewers, Section 51 . 140, Water Billing Procedure, Subsection
(B)(3), of the Code of Fayetteville, is hereby deleted and the following shall be inserted in its stead:
§51 . 140 Water Billing Procedure.
(B) (3). Before service may be reestablished following disconnect or forfeiture of a service
deposit, the consumer must pay the bill due the City for water service or that part of any bill due the City for
water service not liquidated by the forfeited deposit. Said consumer must also make a new service deposit
in accordance with §51 . 135 (I) and pay an additional service charge of $35.00.
Section 2. That Chapter 51 , Water and Sewers, Section 51 . 136, Monthly Water Rates, Subsection
(A) ( 1 ), paragraph one, of the Code of Fayetteville, is hereby deleted and the following shall be inserted in
its stead:
§51 . 136 Monthly Water Rates.
(A)(1). The water usage of each customer shall be determined each month by meter
measurement and the amount per 1 ,000 gallons to be paid for water usage by each customer shall be
computed on the basis of the following schedule of rates. The minimum billing shall be 1000 gallons per
month.
Section 3. That Chapter 51 , Water and Sewers, Section 51 .002, Water Meters, Subsection
(13)(3), of the Code of Fayetteville, is hereby deleted and the following shall be inserted in its stead:
§51 .002 Water Meters.
(B)(3). If, after the City terminates water service for any reason, the customer tampers with
the water meter and breaks the coupling or lock, water service shall not be reconnected until the customer
pays a damage charge in the amount of $40.00 and the reconnection charge prescribed by §51 . 140 (B)(2),
plus a charge of $5 .00 per trip made by a water and sewer department employee to the damaged meter to
repair or replace the broken coupling or lock.
PASSED AND APPROVED this _ day of , 2000.
APPROVED:
By:
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
City of Fayetteville, Arkansas
Budget Adjustment Form •
Budget Year Department: General Government Date Requested Adjustment #
2000 Division: Miscellaneous January 14 , 2000
Program: Miscellaneous
Project or Item Requested: Project or Item Deleted:
A budget adjustment is requested to fund the settlement with None. Use of fund balance is proposed for this adjustment.
Bakery Feeds.
Justification of this Increase: Justification of this Decrease:
City Council and Bakery Feeds entered into a settlement Sufficient cash & investments exist in General Fund to fund this
agreement that, if accepted by all of the parties and respective request.
Judges, will settle all litigation between Bakery Feeds, the City
and citizens.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Settlements 157 , 500 1010 6600 5311 09
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
Use of Fund Balance 157 , 500 1010 0001 4999 99
Approval Signatures Budget Office Use Only
Requested By Da Type: A B C t� E
/ 21 200
Budge[ Coordinator Dae Date of Approval
3mmmen[ D' c[ r Date Posted to General Ledger
44 49Dervices Direc r Dat Posted to Project Accounting
Mayor Date Entered in Category L
Blue Copy: Budget & Research / Yellow Copy: Requester H:\BUDGE7\PROJECTS�OTHER\BAKE_FDS. WK4
FAY '� j .
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
January 28, 2000
To: Fayetteville City Council
From: Don Bunn , Assistant Public Works Director
Subject: Revised Engineering Services Contract
Fayetteville Wastewater Improvements Project
Attached is a copy of the above referenced contract which contains the revisions requested
by the Council in the Council Agenda Meeting of January 25, 2000. The changes requested
were:
1 . Change the wording in the contract to read that any amendments must be
approved by the City Council (Contract Page 6, XIII) ,
2. Specify data to be furnished to the City in AutoCad Release 14 where appropriate
(Contract Page 3, Section VIII),
3. Reference the 1996 edition of the Highway Department's Standard Specifications
(Contract Page 2, Section IV) ,
4. Include the term "inspection" as one of the work items under services during
construction (Contract Page 3, Section IX).
In addition to those changes, three staff comments have been incorporated into the revised
document. They are:
1 - Invoices shall be submitted to the City for on a monthly basis. The City will
make every effort to pay such invoices within 30 days of date the invoice is
approved. However, payment within 30 days is not guaranteed and the City
will not be held liable for interest or late fees due to delayed or late payment.
This paragraph eliminates any liability on the City's part for late fees in connection with the
payment of invoices. This change is incorporated on Contract Page 5 Section XII .
� N
2 - The breakdown of costs between the various work tasks as given in
Appendix C is a convenience and is not intended to set a maximum cost for
any of the work tasks. Costs may be transferred from one work task to another
so long as the maximum cost as given above is not exceeded.
This paragraph allows costs to be shifted between individual work items as long as the total
contract price is not exceeded . This change is incorporated on Contract Page 5, Section
XII .
3 - The Phase I work will result in a Preliminary Design Report along with any
technical memorandums that may have been developed during the progress of
the work. The City shall be furnished ten (10) copies of the Preliminary Design
Report.
This paragraph specifies the number of final report copies to be furnished by the Engineer.
This change is incorporated on Contract Paget, Section IV.
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Agreement entered into and executed this _ day of 2000, by
and between the City of Fayetteville acting by and through its Mayor hereinafter called the
"OWNER" and RIN Group, INC. with offices located in Dallas, Texas hereinafter called the
"ENGINEER" .
WITNESSETH:
Whereas, the "OWNER" is planning to construct sanitary sewer improvements to direct
wastewater flows to the proposed West Side Wastewater Treatment Plant; and
Whereas the "OWNER' S" forces are fully employed on other urgent work that prevents their
early assignment to the aforementioned work; and Whereas, the "ENGINEER' S" staff is adequate
and well qualified and it has been determined that its current work load will permit completion of
the plans for the project on schedule;
Now therefore, it is considered to be in the best public interest for the "OWNER" to obtain
assistance of the "ENGINEER'S" organization in connection with said engineering services. In
consideration of the faithful performance of each party of the mutual covenants and agreements
set forth hereinafter, it is mutually agreed as follows:
SECTION I - EMPLOYMENT OF ENGINEER
The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to
perform, professional engineering services in connection with the project set forth in the Sections
to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified
in the Sections to follow as full and final compensation for work accomplished in the specified
time.
SECTION II - DESCRIPTION OF THE PROJECT
The City of Fayetteville has elected to construct a new wastewater treatment facility on the west
side of the city and divert flow originating in the Illinois River Watershed to the proposed plant.
This Project will include the Phase I engineering including development of design flows and
conceptual engineering necessary to implement the sewer improvements. Phase II services will
include the final engineering design, bidding assistance, and construction administration services
for the proposed sewer improvements in the Illinois River Watershed.
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SECTION III - INFORMATION & SERVICES
The "OWNER" will furnish any specifications, standards and other information which may relate
to the project including GPS survey data and water usage information, free of charge, to the
"ENGINEER" on magnetic media.
SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER"
Services to be furnished by the "ENGINEER" during Phase I - Preliminary Design generally
include the development of design flows for the East Side and West Side Wastewater Treatment
Plants and collection system improvements; and conceptual design for the sewer improvements in
the Illinois River Watershed necessary to divert wastewater flow from the East Side Plant to the
West Side Plant. A detailed scope of services to be provided by the "ENGINEER" is included in
Appendix "A" attached hereto and made part of this agreement.
The Phase I work will result in a Preliminary Design Report along with any technical
memorandums that may have been developed during the progress of the work. The City shall be
furnished ten (10) copies of the Preliminary Design Report.
A Preliminary Scope of Services to be provided by the "ENGINEER" during Phase II is included
in Appendix "A- 1 " attached hereto and made part of this Agreement. Services to be furnished by
"ENGINEER" during Phase II are generally described in Section IV thru Section IX as follows.
If any items described in Section IV thru Section IX conflict with items in Appendix "A- 1 " , then
"A- 1 " will govern. A final Phase II Scope of Services will be negotiated after completion of the
Phase I - "Preliminary Design".
The project will be designed and constructed to meet sewer standards in accordance with the
"OWNER' S" Water and Sewer, and other related Standards. Construction specifications shall be
based on "Standard Specifications for Highway Construction Edition 1996 of the AHTD" and
latest special provisions, Engineer' s Technical Specifications, and City of Fayetteville
Specifications relating to the design of this project. The preliminary design report shall be
submitted by the "ENGINEER" and approved by the "OWNER" prior to beginning final design
work.
During the final "design" phase of the project, the "ENGINEER" shall conduct final designs to
prepare construction plans and specifications including final construction details and quantities,
special provisions, cost estimates, make final field inspection with "OWNER", make any needed
plan changes as a result of the final field inspection and all other work required to advertise and
receive bids.
Prior to the start of construction, the "ENGINEER" shall establish benchmark for elevation
control and tie layout work to Fayetteville's GPS.
Ci of a etteville, AR Janu 27, 2000
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SECTION V - COORDINATION WITH "OWNER"
The "ENGINEER" shall hold conferences throughout the design of the project with
representatives of the "OWNER" and other consultants involved in the project to the end that the
design, as perfected, shall have full benefit of the "OWNER' S" knowledge and be consistent with
the current policies and construction practices of the "OWNER". The "OWNER" reserves the
right to accept or reject any or all plans for errors or omissions, but this stipulation will not relieve
the "ENGINEER" of responsibility for the design of the project.
SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK
Review of the work as it progresses under this Agreement shall be made at the "OWNER' S"
City Engineer's office.
SECTION VII - PRELIMINARY AND FINAL SUBMISSION
The "ENGINEER ' shall submit two (2) sets of preliminary plans and three (3) sets of the final .
plans for field inspections.
SECTION VIII - FINAL SUBMISSION
The final submission for the construction contract shall consist of the following:
A. One ( 1 ) copy of all design calculations.
B. Three (3) sets of final plans, contract documents and specifications.
C. The originals of all drawings, specifications and contract documents. All design drawings
on magnetic media shall be submitted on disks compatible with AutoCAD® Release 14
software.
D. The estimated cost of construction and a detailed estimate of time in calendar days
required for completion of the contract.
SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND
"CONSTRUCTION" PHASES
During the 'Bidding" phase of the project, the "ENGINEER" shall provide all engineering and
administrative services needed to obtain bids for the construction project, evaluate the bids, and
consult with and advise the "OWNER" as to the acceptability of the best bidder.
During the "Construction" phase of work, the "ENGINEER" shall provide administrative and
engineering services including resident construction observation and inspection services to
Ci of Fa etteville, AR Jeno 27, 2000
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determine whether the Contractor has met the requirements of the design plans and specifications.
The "ENGINEER" shall review the Contractors progress payment requests based on the actual
quantities of contract items completed and accepted, and shall make a recommendation to the
"OWNER" regarding payment.
SECTION X - SUBCONTRACTING
Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior
approval by the "OWNER".
SECTION XI - TIME OF BEGINNING AND COMPLETION
The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice to
proceed and shall complete the Phase I - Preliminary Design within 300 calendar days. Phase II -
Final Design schedule will be determined by the "OWNER" and "ENGINEER" after completion
of the Phase I - Preliminary Design.
SECTION XII - FEES AND PAYMENTS
A. Phase I - Preliminary Design Services
For, and in consideration of, the services to be rendered by the "ENGINEER", the
"OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time
directly connected with work chargeable to the project, plus payroll additives and general
overhead costs of 180 % of direct labor costs, plus direct reimbursable expenses
associated with the project, plus a fixed fee which are payable as follows:
1 ) "Preliminary Design" phase services, not to exceed: . . . . . . . . . . . . . $ 587,513 .00
2) Fixed fee for "Preliminary Design " services: . . . . . . . . . . . . . . . . . . $ 50,754.00
3) Engineering contract amount for "Preliminary Design" phase
services not to exceed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6389267.00
The basis of this upper limit and justification for the fee is contained in Appendix `B"
attached hereto. Subject to the City Council approval, adjustment of the upper limit may
be made should the "ENGINEER" establish and the "OWNER" agree that there has been
or is to be a significant change in scope, complexity or character of the services to be
performed; or if the "OWNER" decides to shorten the duration of work from the time
period specified in the Agreement for completion of work and such modification warrants
such adjustment.
January 272000
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Appendix "C" covers the classification of personnel and the salary rate for all personnel to
be assigned to this project by the "ENGINEER". The breakdown of costs between the
various tasks as given in Appendix C is a convenience and is not intended to set a
maximum cost for any of the work tasks. Costs may be transferred from one work task to
another so long as the maximum cost as given above is not exceeded.
Invoices shall be submitted to the City on a monthly basis. The City will make every effort
to pay such invoices within 30 days of date the invoice is approved. However, payment
within 30 days is not guaranteed and the City will not be held liable for interest or late fees
due to delayed or late payment.
Final payment for Preliminary Design services shall be made upon the "OWNER' S"
approval and acceptance with the satisfactory completion of the "Preliminary Design"
phase for the project.
B. "Final Design" Services
The fee and payment schedule for "Final Design" Services will be negotiated between the
"OWNER" and "ENGINEER" after completion of the Phase I - "Preliminary Design".
C. 'Bidding" Phase Services:
The fee and payment schedule for "Bidding" Phase Services will be negotiated between
the "OWNER" and "ENGINEER" after completion of the Phase I - "Preliminary Design".
D. "Construction" Phase Services:
The fee and payment schedule for "Construction" Phase Services will be negotiated
between the "OWNER" and "ENGINEER" after completion of the Phase I - "Preliminary
Design".
E. "Geotechnical Investigation" Services:
The extent of geotechnical investigative services associated with final design will be
negotiated after completion of the Phase I - "Preliminary Design".
F. "Special" Services:
The extent of "Special" services, such as preparation of detailed easements and/or
construction staking, will be negotiated after completion of the Phase I - "Preliminary
Design".
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