HomeMy WebLinkAbout153-83 RESOLUTIONRESOLUTION_NO., 153 _ 83
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK"
TO EXECUTE A CONTRACT WITH CH2M HILL SOUTHEAST, INC.
UNDER WHICH OPERATIONS MANAGEMENT INTERNATIONAL,. INC.
WILL PERFORM CONSULTATION SERVICES DURING CONSTRUC-
TION OF IMPROVEMENTS TO THE CITY'S WASTEWATER TREAT-
MENT PLANT.
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 tOtexecute a contract with CH2M Hi11,Southeast; Inc.
under which Operations Management International, Inc. will
perform consultation services during construction of improve-
ments to the City's wastewater treatment plant which improve-
ments.are defined in the June, 1983 201 Facilities Plan. A
copy of the contract authorized for execution hereby is
attached hereto, marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED this' 14th day of December
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APPROVED:
By
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Mayor
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CONTRACT
This contract executed this 14th day of
December , 1983. by CH2M Hill, Southeast, Inc., hereinaf-
ter referred to as "the Engineer," and the City of
Fayetteville, Arkansas, hereinafter referred to as "the Own-
er."
WHEREAS, the Owner and the Engineer have entered into
contracts under which the Engineer will design, supervise
construction of improvements to, and operate the
Fayetteville Water Pollution Control Plant to bring said
plant into compliance with an Administrative Order issued by
the United States. Environmental Protection Agency; and
WHEREAS, the Owner and the Engineer desire for Op-
erations Management International, Inc,. hereinafter re-
ferred to as the Engineer's subcontractor to participate
during the design and construction phases; and
WHEREAS, the purpose of this contract is to provide for
said participation by Operations Management International,
Inc.
NOW, THEREFORE, in consideration of the mutual cove-
nants and conditions herein, the Owner and the Engineer
hereby agree as follows:
1. In calendar year 1984, the Engineer shall subcon-
tract to Operations Management International, Inc., the fol-
lowing activities:
(a) Review design of 'improvements to the'Fayetteville
Water Pollution Control Plant at twenty per cent (20%)
completion stage to prepare operations assessment;
(b) Prepare written operations assessment;
(c) Review written operation assessment with Engi-
neer; and
(d) Make two (2) site visits to perform:
(1) Informal interview with wastewater treatment
plant staff; and
EXHEBiT A
(2) Current operations and maintenance proce-
dural familiarization
2. For services rendered by Engineer's subcontractor
in calendar year 1984, the Owner shall pay the Engineer, and
the Engineer shall pay the Engineer's subcontractor, a sum
equivalent to the raw labor cost of Engineer's subcontractor
times a multiplier of 2.3; provided, the total compensation
payable by the Owner shall not exceed $4,000.00. In addi-
tion, the Owner shall pay to the Engineer, and the Engineer
shall pay to the Engineer's subcontractor the subcontrac-
tor's out-of-pocket expenses, up to a maximum of $1,750.00.
3. In calendar year 1985, the Engineer shall subcon-
tract to Operations Management International, Inc, the fol-
lowing activities:
(a) Six (6) on-site visits at sixty (60) day in-
tervals to review construction progress versus design
from an operations prospective;
(b) Trip report preparation and review with the
'Engineer;
(c) Miscellaneous consultation including, but not
limited to, computer, maintenance management, staff,
and training.
4. For services rendered by' ",Engineer's subcontractor
in calendar year 1985, the Owner shall pay the Engineer, and
the Engineer shall pay the Engineer's subcontractor, a sum
equivalent to ;the subcontractor's cost'of raw labor times a
multiplier of.2.3;provided, the total compensation payable
by the Owner shall not exceed $10,625.00. In addition, the
Owner shall pay to the Engineer, and the Engineer shall pay
to the Engineer's subcontractor, the subcontractor's
out-of-pocket expenses, up to a maximum of $5,100.00.
5. In calendar year 1986, the Engineer shall subcon-
tract to Operations Management International, Inc., the fol-
lowing services:
2 C10EN020284
(a) Conduct an organizational analysis;
(b) Develop an administrative and operational
structure;
(c) Perform a training needs assessment;
(d) Prepare a pre-start-up training program;
(e) Administer an initial training program in con-
junction with the design team and vendors' personnel;
(f) Adapt computer software to Owner's wastewater
treatment plant;
(g) Implement.a maintenance management program;
(h) Set up percentage institute budgetary monitoring
and control systems; and
(i) Provide operation oversight of start-up activ-
ities.
6. For services rendered by the Engineer's subcontrac-
tor for the calendar year 1986, the Owner shall pay the En-
gineer, and the Engineer shall pay the Engineer's subcon-
tractor, the subcontractor's cost of raw labor times a mul-
tiplier of 2.3; provided, the maximum compensation payable
by the Owner shall not exceed $29,250.00. In addition the
Owner shall pay to the Engineer, and the Engineer shall pay
to the Engineer's subcontractor, the subcontractor's
out-of-pocket expenses, up to a maximum of $7,500.00.
7. As used herein, the term "raw labor", shall mean
the amount of gross salaries or wages, excluding benefits,
which employees of the Engineer's subcontractor are paid for
services rendered under this contract. The term
"out-of-pocket expenses";shall mean expenses actually in-
curred' by the Engineer's subcontractor in connection with
services rendered under this contract, and shall include,
but shall not be limited to, travel' expenses (transporta-
tion, •food, and lodging) and' long distance telephone ex-
penses.
8. All compensation from Owner for services rendered
and. "out-of-pocket expenses" expended by Engineer's
subcontractor will be due upon receipt of the Engineer's
invoice and will be payable within 15 days from receipt of
Owner's said invoice.
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9. Owner shall pay interest on any invoice which Owner
does not pay within 15 days from Owner's receipt thereof.
The annual rate of interest shall be Texas Commerce Bank,
N.A. prime rate plus one and one half (11/2) percent provided
said interest rate shall at no time exceed the highest rate
permitted under the Arkansas Constitution. Such interest
shall be calculated from the due date of the payment.
10. The Engineer hereby agrees to, and shall, hold
Owner, its elective and appointed boards, officers, and em-
ployees, harmless from any liability or damages for bodily
injury, including death, and for property damage which may
arise from negligent operations under this agreement by En-
gineer's subcontractor; provided, however, this paragraph
shall not apply to bodily injury, including death, or prop-
erty damage arising out of the discharge, disbursal, re-
lease, or escape of the treatment plant effluent into or
upon land, the atmosphere, or any water course or body of
water where such: discharge, disbursal, release or escape is
not due to negligence of the Engineer's subcontractor. Own-
enagrees to .and shall hold Engineer and Engineer's subcon-
tractor, their officers and employees, harmless from any
liability or damages for bodily injury, including death
which may arise due to any discharge, disbursal, release or
escape, and Owner agrees to undertake the defense of such a
liability claim and pay any judgement against Engineer, En-
gineer's subcontractor, and/or Owner or pay any agreed to
settlement; provided this provision shall not constitute a
waiver of Owner's statutory tort immunity.
11. The term of this agreement shall commence on Janu-
ary 1, 1984, and shall terminate on December 31, 1987, at
12:00 o'clock p.m., or on the date the construction of the
aforesaid improvements to Owner's wastewater treatment plant
are completed, as determined by the Owner, whichever date
occurs first; provided this contract shall automatically
4 C10EN020284
terminate if, for any reason, the design and construction
supervision between the Owner and the Engineer shall be ter-
minated.
12. This contract may be terminated by Owner for
breach of contract by Engineer or Engineer's subcontractor.
Such termination shall be effective by Owner giving Engineer
written notice to correct and Engineer's subsequent failure
to cure within thirty (30) days.
13. This agreement may be terminated by Engineer in
the event of Owner's breach of contract terms by Engineer
giving written notice of such breach and Owner's failure to
correct within thirty (30) days.
14. All notices provided for in this contract shall be
in writing, transmitted by certified mail, return receipt
requested, postage prepaid, to the address set out below:
City of Fayetteville, Arkansas
c/o City Manager
Postal Drawer F
Fayetteville, AR 72701
CH2M Hill Southeast, Inc.
c/o Cliff Thompson
Vice President and Reginal Manager
807 South McDonough Street
Post Office Box 2499
Montgomery, Alabama 36104
15. This agreement may be modified only by written
amendment signed by both parties.
16. This agreement shall be governed by and interpret-
ed in accordance with the laws of the State of Arkansas.
17. This agreement shall be binding upon the parties
hereto and upon their. respective successor and assigns, but
any assignment of this agreement by either party without the
prior written consent of the other party shall be void.
Such consent shall not be unreasonably withheld.
5 C10EN020284
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IN WITNESS WHEREOF, the parties have executed this
agreement as of the date first above written.
CITY O AYETTEj7ZLLE, ARKANSAS
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'ATTEST:. ,,
By:
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ATTEST:
By: (7»
Mayor
CH2M HILL SOUTHEAST, INC.
By: /
Title: //, ���, r.,-41
Title:&Ay Acjj5.,.sZ caf-
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6 C10EN020284
t:r11M
HILL
engineers
planners
economists
scientists
February 6, 1984
MG10.AO
Mr. James N. McCord
City Attorney
Postal Drawer F
Fayetteville, Arkansas 72702
Dear Jim:
Subject: Contract for Interim Operational Consulting
Services
Attached are three executed Contracts for the services that
we will provide through OMI, Inc. during the final design
and construction of Fayetteville's wastewater treatment
plant. Payment and interest provisions have been added as
we discussed. Please return two copies for our files when
the City has executed the Contract.
Thank you for your assistance.
Yours truly,
C1-ff Thompson
Vice President and
Regional Manager
jd/CGT/039
Enclosures
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Montgomery Office
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FAYETTEViLLE, ARKANSAS
OFFICE OF CITY CLERK
P. 0. DRAWER F 77701 15011521.7700
February 14, 1984
Cliff Thompson
Vice P esident & Regional Manager
CH2M Hill
807 S. McDonough Street
P.O. Box 2499
Montgomery, Alabama 36104
Re: Contract for Interim Operational Consulting Services;
Wastewater Treatment Plant/City of Fayetteville
Dear Mr. Thompson:
Enclosed are two copies of the contract in reference to the above,
executed by the Mayor and City Clerk, which we are returning for
your files, as requested by you in your letter to City Attorney
McCord dated February 6, 1984.
Sincerely,
eSta4y
Suzanne C. Kennedy
City Clerk
sok
enclosures
cc: City Manager
City Attorney
City Engineer
MICIRetnenti
AMENDMENT NO. 1
AGREEMENT BETWEEN FAYETTEVILLE, ARKANSAS AND
CH2M HILL SOUTHEAST, INC.
TO FURNISH INTERIM OPERATION SERVICES
FOR THE FAYETTEVILLE, ARKANSAS
WATER POLLUTION CONTROL PLANT
This amendment is
day of , 1986, by and between the City of
Fayetteville, U/rArkas (hereinafter referred to as the OWN -
made and entered into this
ER) and CH2M HILL Southeast, Inc. (hereinafter referred to
as ENGINEER). This Amendment No.'1 amends the agreement
-dated December 14, 1983, between the OWNER and ENGINEER.
Items -1 and 2 (relating to services for calendar year 1984)
and Items 3 and 4 (relating to services for calendar year
1985) are amended so that the money not spent in those
calendar years would be transferred to activities performed
in 1986.
Item 5 (covering the scope of services to be provided in
calendar year 1986) is restated as shown in Attachment 1,.
which is by reference hereby made a part of this contract.
Amend Item 6 by replacing the paragraph with the following:
"6. For services rendered by the engineer's
subcontractor for the calendar year 1986, the
•
OWNER shall pay the ENGINEER and the ENGINEER
shall pay the ENGINEER'S subcontractor the
subcontractor's cost of raw labor times a
multiplier of 2.3 plus the subcontractor's out of
pocket expenses. The costs for labor plus
expenses shall not exceed a maximum of $53,913."
IN WITNESS THEREOF, the parties hereto each herewith sub-
scribe the same in triplicate.
ATTEST:
City of F. ett4ville, Arkansas
By: tviYO2
(Name) (Title)
By:
Dated: This / �.5y�
- day of
ATTEST:
jd/MGDS/015
CH2M HILL Southeast, Inc.
, 1986
,4.[T/I Crimf Air ./
1ST QUARTER:
Jan -Mar:
1. Select OMI Project Manager
2. Complete Update of Plant O&M Budget
'.3.Complete Staffing Plan
2ND QUARTER:
Apr -Jun:
•
1. Complete Preliminary Plan of Operation
2. Preparation of Training Materials
3. Establish Preliminary Vendor Training
Schedule -
Preparation of Standard Operating Procedures
Designate Key Staff Positions:
A. Review Qualifications of Current
Employees
B. Recruit Unfilled Key Staff .
Positions
Complete Training Assessment
Review O&M Manual
3RD QUARTER:
Jul -Sep:
1.
2.
3.
4.
4TH QUARTER:
Oct -Dec.
wds/MGDS/015
OMI Project Manager On -Site (SEP)
Preparation of Comps Database (New
Facilities)
Review O&M Manual
Prepare and Implement Laboratory QA/QC
Program
Recruit Hourly Position Vacancies
Begin Facility Process Training Program(s)
A. Biological Treatment
B. Dissolved Air .Flotation Thickening
C. Gravity Thickening
D. Aerobic Digestion
Begin Vendor Training
O&M Manual Review