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HomeMy WebLinkAbout121-82 RESOLUTIONI 1 RESOLUTION N0. /d - ka A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH METCALF & EDDY, INC. FOR A LAND APPLICATION SEWAGE DISPOSAL FEASIBILITY STUDY. 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 a contract with Metcalf & Eddy, Inc. for a land application sewage disposal feasibility study. A copy of the contract authorized for execution hereby4is attached hereto, marked Exhibit "A", and made a p --art hereof. PASSED AND APPROVED this /O/A day of 6�,)7IZ236Pe.,, 1982. APPROVED: 0/ By: YO R 0 � � f 4 I• �.. � i ! 1 Cil WIN APPROVED: 0/ By: YO R 0 � � f 4 I• �.. � i ! 1 AGREEMENT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND METCALF & EDDY, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 015th day of OCMBER , 1982, by and between the City of Fayetteville, Arkansas, acting herein by and through its Mayor as duly authorized by vote of the Board of Directors at its meeting on OCTOBER, -5;1982- , hereinafter called the City, and Metcalf & Eddy, Inc., a corporation organized and existing under the laws of the State of Delaware, with offices at 1011 East Touhy Avenue, Des Plaines, Illinois, hereinafter called the Engineer. WITNESSETH, for the considerations hereinafter set forth, the parties hereto 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 engineering services in connection with a technical feasibility investigation of land application of municipal wastewater, hereinafter called the Project. ARTICLE 2 - SERVICES OF THE ENGINEER 2.1 General 2.1.1 The Engineer will perform professional services in connection with the Project as hereinafter stated. 8 I Task 1 - Identify potential sites for field invest - igations. Task 2 - Evaluate the potential sites through on-site 2.1.2 The Engineer will serve as the City's professional Task 3 - Determine the land requirements based upon engineering representative in those phases of the Project to which this Agreement applies and Task 4 will consult with and advise the City during the performance of his services. 2.1.3 The Engineer will not proceed to perform professional treatment option. Task 6 services under this Agreement until having received a written authorization from the City to do so. 2.2 Scope of Work 2.2.1 The Scope of Work for this Project is set forth feasible. Task 8 in the following outline in a set of 8 Tasks. A summary report of the completed investigations will be the product. This report will present the data, a discussion of data analyses, and the conclusions drawn. Task 1 - Identify potential sites for field invest - summary report. igations. Task 2 - Evaluate the potential sites through on-site testing of soil permeabilities. Task 3 - Determine the land requirements based upon hydrolic loading rates limited either by soil permeability or nitrogen considerations. Task 4 - Evaluate the various management options available to the City. Task 5 - Analyze the economics of the proposed land treatment option. Task 6 - Review the proposed land treatment system with the appropriate regulatory agencies. Task 7 - Develop an implementation plan for the pro- posed land treatment system if it proves feasible. Task 8 - Prepare a draft report for review and, after the reviews are complete, submit a final summary report. 2.2:2 A more detailed discussion of the various tasks`of the Scope of Work is presented in Attachment 1, attached hereto and made a part of this Agreement, and in the Engineer's Proposal to the City of Fayetteville - Land Treatment Feasibility Study, September, 1982, incorporated herein by reference and made a part of this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 The services called for in this Agreement shall be completed in accordance with applicable engineering standards. 4.2 The Engineer will complete all of the services required to deliver the completed draft report to the City for local review within 11 weeks following authorization to proceed. The final .report will be completed within two weeks of the completion of all reviews. ARTICLE 3 - RESPONSIBILITIES OF THE CITY The City without cost to the Engineer, will: 3.1 Place at the disposal of the Engineer all available inform- ation pertinent to the Project upon which the Engineer can rely, including previous reports and any other data relative to the Project. 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 represent- ative 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 the work covered by this Agreement. 3.4 Furnish the Engineer all needed property, boundary, and right-of-way surveys. ARTICLE 4 - PERIOD OF SERVICE 4.1 The services called for in this Agreement shall be completed in accordance with applicable engineering standards. 4.2 The Engineer will complete all of the services required to deliver the completed draft report to the City for local review within 11 weeks following authorization to proceed. The final .report will be completed within two weeks of the completion of all reviews. 4.3 The Engineer shall not be responsible for any delays in the performance of his services hereunder caused by strikes, action of the elements, acts of any government, civil disturbances, or any other cause beyond his reasonable control, or for the expenses or consequences arising from such delays. ARTICLE 5 - PAYMENTS TO THE ENGINEER 5.1 For the services performed under Article 2, Services of the Engineer, the City will pay the Engineer, monthly as charges accrue, on a cost plus fixed fee basis. Charges will include the costs incurred during the billing period plus a portion of the fixed fee based on the Engineer's estimate of the percentage of his work completed. The total estimated cost (which does not include the fixed fee), which the Engineer will not exceed without the Agreement being amended, is $79,063, and the fixed fee is $11,537 as shown on the USEPA Form 5700-41 in Attachment 2 (Engineer's Fee Proposal letter dated Setepmber 27, 1982) attached hereto and made a part of this Agreement. 5.2 Cost will include direct labor, indirect costs, and direct costs. 5.2.1 Direct labor is salaries and wages paid to personnel for time chargeable to the Project. 5.2.2 Indirect costs are allocations of overhead costs which are not directly chargeable to a specific engagement. 5.2.3 Direct costs include such typical expenses as cost of: transportation and subsistence; long distance telephone and telegraph; printing and reproduction; computer time and programming costs; identifiable supplies; outside consultants' charges; subcontract for service. 5.3 The payments under the "cost plus fixed fee" method of charging are to be based on the indirect cost rate of 146.9 percent of the direct salaries and wages for Article 5.2.1 subject to appropriate adjustment when the final indirect costs rate for the period of service is established by Federal audit. To prevent any substantial over or under payment, the rate may be revised by mutual agreement. 5.4 When the costs incurred total approximately 60 percent of the total estimated costs listed in Article 5.1, or if,at any time, the Engineer has reason to believe that the total estimated costs will be greater or substantially less than the then total estimated costs, the Engineer shall notify the City giving a revised estimate of the total cost for the services to be furnished. Should the revised estimated costs exceed the then total estimated costs, this Agreement shall either be amended to cover the increase in revised estimated costs or the scope of services shall be reduced to keep within the total estimated cost. 5.5 The fixed fee shall not be increased except by an Agreement amendment increasing the scope of services. 5.6 In the event payment to the Engineer is delayed beyond 60 days from the date of the Engineer's invoice, the Engineer shall receive interest at the current prime rate of the Chase Manhattan Bank plus one percent, per annum, on the unpaid balance from said sixtieth day, subject to state limitations on maximum interest rates. ARTICLE 6 - GENERAL PROVISIONS 6.1 Litigation In the event the Engineer is to prepare for or appear in any litigation in behalf of the City, additional compen- sation shall be paid as is mutually agreed upon. 6.2 waiver of Subrogation Both parties agree mutually to waive any rights which each may have against the other with respect to subrogation under any insurance policy relating to services or work performed under this Agreement. 6.3 Termination This Agreement may be terminated by either party by seven days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is so terminated, the Engineer shall be paid for all work performed to the date of termination according to the provisions of Article 5. In the event of termination, the Engineer's fixed fee shall be prorated based upon the percentage of his work completed. This Agreement may be terminated by City if the Engineer concludes that land application, either whole or in part, will not be a feasible alternative for management of the City's wastewater effluent. In this case the City may terminate this Agreement with one day's written notice. Costs for engineering services shall be paid, included a portion of the fixed fee, in accordance with the preceeding paragraph. 6.4 Ownership of Documents All documents, including original drawings, designs, plans, estimates, specifications, field notes and data developed by the Engineer under this Agreement are and shall remain the property of the City whether the project for which they are made is executed or not; provided however, that the foregoing material be used only for purposes with respect to this Project and provided further that the Engineer may retain, for his files, duplicated copies of any of said materials. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: 4C .O i•va Ke -ly City Clek' ATTEST: W. H—en�aggy Project Manager CITY OF FAYETTEVILLE, ARKANSAS By: gaolth( Title: Mayor By:�/ / INC* Title: Regional Vice President ATTACHMENT 1 CITY OF FAYETTEVILLE, ARKANSAS LAND TREATMENT FEASIBILITY STUDY Task 1 - Identify Sites Based on the Facility Plan and discussions with Mr. Wallace Phillips, soil scientist with the Soil.Conservation Service, general areas both east and west of Fayetteville are being considered as initial areas for site identification. The Engineer will discuss these potential areas with farming community leaders, City officials and Mr. Bob Perry, the County agent. Out of these discussions field will come a preliminary selection of potential sites for investigation. An initial water balance will be performed to determine the gross area requirements for slow rate land treatment. The actual percolation rate will be measured on a.site specific basis in Task 2. Task 2 - Evaluate Sites Onsite testing will be performed under this task. The Engineer's soil scientists will meet with Mr. Wallace,Phillips and together they will review the preliminary sites and make recommendations on test pit locations. The locations will then be reviewed with the City officials. Once the locations are agreed to, the City will obtain permission from land owners to enter onto their lands in order to conduct testing. The testing will consist of backhoe pits into which the soil scientist can enter to describe the soil profile. Once the profile has been described and compared to the SCS typical soils profile for the particular soil type, the least permeable layer will be selected. The backhoe operator will then excavate to that layer to allow the permeability to be tested. A ring infiltrometer or air -entry permeameter will be used to measure the permeability of the soil. This rate will be compared to the SCS standard range of permeability for the particular soil layer. Depending on thevariability of the permeability rates for the same soil type, 3 to 5 tests will be conducted per major soil type. The presence or absence of perched groundwater above the fragipari or clay pan will be noted. Any standing or permanent groundwater in the backhoe pits will also be noted. Additionally the present of,wet spots, sink holes or limestone outcropping on the sites will be.noted. Existing crops, houses, stock ponds and stream beds will also be observed for future evaluation. The results of .the soils investigation will serve as input into the site evaluation work. Representative soil permeabilities will be established and the sites will be grouped accordingly to soil permeability. The ranking of sites will begin with rating factors assigned for soil depth, depth to groundwater, soil permeability, grade and existing land use. Limitations such as surface drainage, location relative to the flood plain, and environmental constraints will also be evaluated. Task 3 - Determine Land Requirements The Engineer will select the forage crops and tree species for our water and nitrogen balance work based on reviews of existing vege- tation and discussions with the Engineer's consultants and the University of Arkansas agronomists. Water and nitrogen balances will be conducted for each group of soils with similar permeabilities and for different crop types. The assumed nitrogen limit for the per- colate of 10 mg/l will be verified with State regulatory officials. The water balance will be used to determine the need for seasonal storage due to precipitation. in addition the weather records will be used to estimate the storage days required by freezing temperatures. Different criteria for cold weather storage will apply to forage crops and forested areas. The limiting hydraulic loading rates will be calculated and the wetted field area requirements will be determined once the water' and nitrogen balances are.completed. Field areas will then be estimated using the buffer zone requirements of the State of Arkansas. Task 4 - Evaluate Management Options The Engineer will review the three major options for control t of the land treatment areas: 1. City provides effluent to farmers under a contract arrangement. 2. City leases the land and the farmer operates the irrigation equipment. 3. City purchases land and leases to the farmer. 4. City purchases land and operates the irrigation system. These options and combinations of them will be explored with City officials and representatives from the farming community. Once the preferred management option or combination of options is identified, farming community leaders and the County agent will be contacted and a series of small meetings will be held in each site area. The project will be explained, the preferred option will be discussed, and questions will be invited. Following the meetings a series of one-on-one visits will be made with those expressing interest in the project or having sizeable land holdings in the selected site areas. Based on the results of these meetings the management options will be re=evaluated. When the meetings and a review of the reuslts are complete, the conceptual plans for land treatment can be developed. Task 5 - Analyze Economics The conceptual plan for-land.treatment will involve preapplication treatment, storage, pumping and piping to the sites, distribution on the sites, and underdrainage (if necessary). The minimum preapplication treatment for the management option selected will be determined. Based on the findings of Task 30 the irrigation system for the required area will be laid out. A complete capital cost estimate of all components will be made: Depending on the management option selected, the cost of land, leases, or contracts will be included* operation and maintenance costs will include labor, energy, main- tenance (repair) and monitoring. Total present worth costs will be compared to the cost of the selected alternative in the Facility Plan. Task 6 - Review with Regulatory Agencies Initial contacts have been made with the Arkansas Department of Pollution Control and Ecology and the Arkansas Department of Health. These agencies and EPA Region VI will be consulted throughout the study for their input and to keep them advised as to the direction and progress of the study. Task 7 - Implementation Plan If land treatment is determined to be feasible, a plan will be developed describing the steps required to implement the land treatment system. The option or combination of options for land acquisition that has proved most acceptable to the City and the community will be delineated. The plan will address the potential phasing of the land treatment construction as well as any additional field work required prior.to or during design. Task S - Prepare Report - A draft report will be prepared,for review and comment. Following review by the City and other interested parties, the final report will be prepared and will incorporate comments by the City and other reviewers. ATTACHMENT 2 W 0 Rim. Metcaifi &Eddy, Inc. � Engineers & Planners 1011 East Touhy Avenue Des Plaines, Illinois 600182869 (312) 2985070 Charles E. Pound Regional vice President September 27, 1982 Donald R. Bunn, City Engineer City of Fayetteville P.O. Drawer F Fayetteville, Arkansas 72702 Dear Mrs Bunn: As requested in your request for proposal and confirmed at the selection committee's meeting on September 20, 1982, we have prepared an estimate of the costs and fees necessary to perform the scope of work described in our proposal dated September 17, 1982. Please understand that any increase or decrease in the scope of work will result in a commensurate adjustment in the total estimated fee, Because fees for preceeding phases of your facilities planning process were presented on an EPA 5700 Form, and you are now familiar with this format, we have presented our fee estimate on the same forms. As detailed on the attached EPA 5700 Form, our total estimated fee is $90,600. In viewing this estimate, I would like to call your attention to two specific items. First, we have in, all costs for arranging and conducting both one-on-one and group meetings with members of the farming community. In other words, City staff members are not required to do this work, or even to attend the meetings, if it is inconvenient. Second, the indirect cost rate (overhead) is a provisional rate that is in the process of being updated by Federal auditors. Indications to date are that this rate will drop slightly, rather than increase. This savings will, of course, be passed on to Fayetteville. Our proposed fee is based on a cost plus a fixed fee (CPFF) procedure. Therefore, if we can conclude our work with fewer man-hours than planned, the cost of the project will be less, accordingly. Further, our fee estimate is based on a major part / & a I Boston IN ew York I Palo Alto IS an Bernardino I Coral Gables /Cape Coral I Hotter on I Atlanta I Somerville. N.J.1 Washington I Honolulu City of Fayetteville 2 September 27, 1982 of the work being done during this calendar year, prior to our annual salary reviews. For that reason, this estimate is good so long as the notice to proceed can be issued before November 10, 1982. After that date,,we would expect to adjust the estimate to reflect these salary increases. If there are any questions concerning this estimate fee, we will be pleased to respond to them. Thank you again for this opportun- ity to serve the City of Fayetteville. Very �/truly yours Charles E. Pound Regional Vice President CEP:kk Enc. Fors Apyrnved, '>rIMR rvn. 74.b Pn/eA • - PART III -PRICE SUMMARY - '-'• 13 COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PROPOSED (Indicate boale for price cosparleon) PRICEIS) PRICE N i.� PART IV -CERTIFICATIONS 14. CONTRACTOR 14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS? caYES Q NO (If "Yea" give nese eddreee and telephone nlanber of reviewing office) Mr, Samuel Hern office of Audit/EPA Region 1 150 Causeway Street Boston MA 02114 14b .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1-15.4 14e. • This proposal is submitted for Use in connection with and in response to (1) t-prhni r•a 7 feria 4 h; l i i-i_ investigation of land amolication This is to certify to the bestofmy knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2)j 9 27 /R 2 and that a financial management capability exists to fu[4y and accu- ratelyaccount for the [inancial� transactions under this project. I further certify that I understand that.the subagreemenfprice may be subject to downward renegotiation and/or recoupment where the above cost and _ pricing data have been determined, as a result of audit, not to have been complete, current and accur to as of the date above. (3) 9/27/82 DATE OF EXECUTION SIGNATURE OF PROPOSER.' Regional Vice President TITLE OF PROPOSER - 14. GRANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for sllbagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER- TITLE OF REVIEWER 16. EPA REVIEWER (If applicable) DATE OF EXECUTION 'SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Form 5700-41 (7.76) YAGt C Ur 7 I . COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS 'Form Approved (See accompanying instructions before completing this form) OMB No. 158-RO144 PART I•GENERAL 2. GRANT City of Fayetteville, Arkansas S. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE 1 OF PROPOSAL Metcalf & Eddy, Inc. 9/28/62 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) 6. TYPE OF SERVICE T O BE FURNISHED 1011 E. Touhy, Suite 500 Feasibility Study,of Land & Des Plaines, Illinois 60018 Treatment of Municipal Wastewater DIRECT LABOR (Specify 186or Categories) Principal Project Manager _ Project Engineer Staff Engineer ra ters DIRECT LABOR TOTAL: 6. INDIRECT COSTS (Specify Indirect cost Poole) INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS a. TRAVEL 1) TRANSPORTATION 3 an (2) PER DIEM 50 days @ 52 TRAVEL SUBTOTAL: b, EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) Backhoe with operator Misc.equipment -- e e tolT calls SUBTOTAL: C.SUBCONTRACTS McGoodwin, Williams & Yates Consultants: Dr. Demiriian and D: Soil Scientist specialist SUBCONTRACTSSUBTOTAL: d. OTHER (Specify CaNgorles) OTHER SUBTOTAL: I e.1 OTHER DIRECT COSTS TOTAL: ' 10. TOTAL ESTIMATED 11. PROFIT 12. TOTAL PRICE EPA F atm 5700.11 (2.76) Moll- - HOURLY ESTIMATED MATED HOURS RATE COST ESTIMATED COST QTY I COST I ESTIMATED COST ESTIMATED COST ESTIMATED COST TOTALS 1 PAGE I OF