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HomeMy WebLinkAbout52-83 RESOLUTIONRESOLUTION NO. • A RESOLUTION EXPRESSING THE INTENT OF THE FAYETTEVILLE BOARD OF DIRECTORS TO UTILIZE THE ENGINEERING SERVICES OF C1 -19M HILL IN ASSOCIATION WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR ANY AMENDMENT TO THE CITY'S 201 FACILITY PLAN. WHEREAS, the Fayetteville Board of Directors adopted Resolution No. 43-83 on March 22, 1983 which resolution authorized the Mayor and City Clerk to execute a contract with CH2M Hill in association with McClelland Consulting Engineerg, Inc. for an amendment to the City:s 201 facility plan to kbpose upgrading of the City' g existing sewage plant on the White River to an advanced waste water treatment facility; and WHEREAS, said contract was authorized after the Fayetteville Board of Directors applied the City's professional contract policy and reviewed engineering proposals; and WHEREAS, the Board of Directors may consider -alternative amendments to the City's 201 facility plan; and WHEREAS, the Board of Directors has determined that CH2M Hill in association with McClelland Consulting Engineers, Inc. should be employed to amend the City's 201 facility plan regardless of which sewage disposal alternative is ultimately selected by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Board of -Directors hereby expresses the intention of the City to utilize the engineering services of CH2M Hill —in asgociation with McClelland Consulting Engineers, Inc. for.. _ • any necessary amendment to the City's 201 facility plan. BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE 'CITY OF FAYETTEVILLE, ARKANSAS: That the Board of Directors hereby expresses the intention of the City to utilize the engineering services of CH2M Hill in association with McClelland Consulting Engineers, Inc. for the preparation of detailed plans and specifications necessary to implement the sewage disposal alternative utlimately selected :2- and approved; provided, the use• of said engineering firm by the City for said purpose shall be subiedt to the parties.' agreeing on engineering feesmutuallyacceptable to the engineers and the City. PASSED AND APPROVED this 5i day of Apea. - 1983. P.P.,. I. 45.1relito r w *tee,- tit `fr • ATTEST:: Byat/L.4,a City Clerk • APPROVED: • ri)D(Iyo(?rjPal.4 AGREEMENT FOR ENGINEERING SERVICES This Agreement executed as of March 22, 1983, between CH2M Hill Southeast, Inc., hereinafter called "the Engineer," and the City of Fayetteville, Arkansas, hereinafter called "the Owner." ; WHEREAS, the owner, utilizing Owner's professional contract policy adopted April 21, 1981, for the selection of firms to provide professional services, has selected the engineer to amend the Owner's adopted 201 facility plan; and WHEREAS, the purpose of this Agreement is to set out the terms and conditions under which the Engineer will prepare said amendment. NOW, contained ARTICLE 1 THEREFORE, in consideration of the mutual covenants herein, the Engineer and the Owner agree as follows: The Engineer agrees to prepare an amendment to the Owner's adopted 201 facility plan; the specific services to be provided by Engineer are described in the Engineer's proposal dated March 18, 1983; at pages. 4-5 through 4-7 under the subheading "Amendment to 201 Facility Plan." A copy of said pages 4-5 through 4-7 is attached hereto, marked Exhibit "A', and made 'a part hereof. Engineer agreesto provide all of said services within ninety (90) days from the date on which Engineer receivesa notice to proceed from the Owner. ARTICLE 2 Compensation to Engineer for services provided will be a lump sum fee of $77,000. Engineer shall bill Owner monthly based upon the percentage of required services actually completed. ARTICLE 3 Payment to the Engineer for services provided as prescribed in Article 2 is to be made within thirty (30) days after the date on which Owner receives Engineer's bill. ARTICLE 4 4.1 The Owner shall designate a representative to direct and coordinate the Engineer's efforts who will be the only source of instructions to the Engineer and who shall have the authority to interpret the Owner's policy as necessary to maintain the Engineer's work schedule, administer the Agreement, and certify the Engineer's payment request. 4.2 The Owner shall make available to the Engineer all technical data in the Owner's possession, including maps, surveys, borings, and other information required by the Engineer and relating to his work. 4.3 The estimates of cost for the Projects provided for herein are to be prepared by the Engineer through •exercise of his experience and judgment in applying presently available cost data, but it is recognized that the Engineer has no control over cost of labor and materials, or over competitive bidding procedures and market conditions, so that he cannot warrant that the project construction costs will not vary from his cost estimates. 4.4 That, in soils investigation work and in determining subsurface conditions for the Project, the character- istics may vary greatly between successive test points and sample intervals. The Engineer will perform this work in accordance with generally accepted soils engineering practices and makes no other warranties, express or Implied, as to the professional advice provided under the terms of this Agreement. 4.5 That, if payment of the amounts due as prescribed in Article 2, or any portion thereof, is not made within the period specified in Article 3, interest on the unpaid balance thereof will accrue at the rate of twelve (12%) percent per annum and become due and payable at the time said overdue payments are made. 4.6 The Engineer shall maintain a leval of competency presently maintained by other practicing professional engineers in the same type of work in the southeastern United States, for the professional and technical soundness and accuracy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. 4.7 Either party may terminate this Agreement any time by a notice in writing to the other party. If the Agreement is terminated as provided herein, the Engineer will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Engineer covered by this Agreement, less payments of compensation previously made. 4.8 The Owner may, from time to time, request changes in the scope of the services of the Engineer to be per- formed hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compensa- tion, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in written amendments to this Agreement. 4.9 That, all claims, counter -claims, disputes and other matters in question between the Owner and the Engineer arising out of or relating to this Agreement or in the breach thereof will be decided by arbitration only if both parties hereto specifically agree to the use of arbitration in regard to the individual matter in dispute. 4.10 In the event of any legal or other controversy requiring the services of the engineer in providing expert testi- mony in connection with the Project, and, except suits or claims by third parties against the Owner arising out of errors or omissions of the Engineer, the Owner shall pay the Engineer for services rendered in regard to such legal or other controversy, including costs of preparation for the controversy, on a basis to be negotiated. 4.11 This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. ARTICLE 5 IN WITNESS 1DATEWIthis 11111$ WHEREOF, the parties hereto subscribe this Agreement ate. day of By 0__AXi,it i& City Clerk , 1983. CITY OF FAYETTEVILLE, ARKANSAS By: ATTEST: By: Title: CH2M HILL SOUTHEAST, INd. By: Title 7-14-er— needed staff is assured, and the use of the most cost- effective project participants will reduce project costs. A smaller firm often must utilize staff that is available, rather than start specifically selected to perform the needed tasks. In addition, backup to key project staff it assured with a large firm such as CH2M HILL. TECHNICAL APPROACH The first phase of work that the City must undertake to Implement the adopted wastewater plan is amendment of the 201 Facility Plan. Detailed Design activities can follow soon after the amended plan has been submitted for agency review, assuming close coordination has been maintained throughout the first phase of the work. A more detailed description of the proposed work follows. Amendment of the 201 Facility Plan • This work can be divided into 3 distinct phases: o Selection of the wastewater treatment alternatives o 201 Plan Amendment o Workshop Seminar/Public Hearing Selection of the Wastewater Treatment Alternative Two alternatives were developed that fully meet the discharge requirements set by ADPC&E. While the life cycle costs of the two alternatives are nearly the same, each alternative offers specific advantages. This first task will select the alternative that best meets economic, regulatory, and local acceptance concerns. This selection will be made after: o Reviewing both alternatives with State and Federal Agencies responsible for funding and permitting. o Analyzing property availability suitable to implement the overland flow system. o Reviewing in more detail with the Board and City Staff the merits .of each alternative. After selection has been made, an assessment of early implementation of specific system components will be made, such as the effluent storage pond. This early implementation could possibly allow the utilization of FY 83 grant funds and/or improve the existing treatment plant discharge during the critical low flow period. 4-5 This concept has been discussed, with an excellent reception, with Dr. Blantz of ADPC&E. Approximately 45 days will be required to complete this task. The work will be completed utilizing existing data, will not delay the latter tasks, and can be accomplished at a minimal cost. Amendment of the 201 Facility Plan The 201 Facility Plan must be amended to allow imple- mentation of a single flow White River Treatment alternative. Sections of the Facility Plan requiring amendment include: o Pro3ected flows and waste characteristics o Sewer interceptor requirements o Alternative waste treatment concepts o Recommended Plan (including sludge disposal) o Financial impact analyses Our report of February 24th, compared wastewater alternatives without revision to future flows and characteristics and considered that all sewer interceptor work recommended in the 201 Facility Plan would be implemented. We feel that revisions are appropriate that will meet the needs of Fayetteville at reduced construction costs and, more importantly, long term operation and maintenance costs. Our program cost assumed full implementation of the sewer interceptor program recommended in the 201 Facility Plan. We feel that this program can be amended to reduce costs by phasing of only the necessary facilities and delaying implementation of some recommended interceptors. We pointed out at the March 8th meeting that sludge dewater- ing and disposal have not been adequately addressed to date. The costs we proposed will adequately cover the anticipated cost, however, it is doubtful that the City will continue,to dewater sludge if the overland flow option is selected. An important element in amending the 201 Facility Plan, there- fore, will be the development of a specific plan for sludge management. While application to agricultural lands will likely be the selected disposal alternative, specifics must be developed as to: o Degree of dewatering o Transport to application site o Method of sludge application o Land requirements 4-6 • o Specific development of facilities, costs, and management strategy Workshop Seminar/Public Meeting An important aspect of the 201 Plan amendment task is the Public Hearing to present the recommended plan. We feel this is a particularly important activity in view of the concerns expressed by the Beaver Lake water users. We plan to assemble a prominent team of CH2M HILL engineers and scientists to first evaluate the impact on Beaver Lake by the highly treated wastewater and then to present these issues to interested parties in a 1 day public workshop. We have discussed the specific qualifications of the seminar participants in the earlier section. Ken Miller's experience in dealing with water treatment agency funding, and water quality issues was demonstrated in our March 8 meeting. The two additional panelists have similar national experience and identity in the areas of waste treatment and aquatic ecology. We feel this workshop will eliminate much of the concern and confusion that has been raised regarding discharge of a highly treated effluent to the White River, City Board members and staff, regulatory agency staff, Beaver Lake Water District personnel, and the public will be urged td participate in this workshop. This forum will also serve as the Public Hearing for the amended 201 Facility Plan. Phase II - Detail Design This second step of the project will be subdivided into two distinct phases. The first phase, Predesign, consists of a' number of measurable, defined tasks, here -in after listed. The second part, Production of Plans and Specifications (Design), likewise consists of a number of measurable, defined tasks, also hereinafter listed. Each of these phases will have detailed work plans prepared by the project team so that the City of Fayetteville as well as the project management team is able to determine the status of the project at any time. The City of Fayetteville's staff is an integral part of our team and our approach to this phase of the work. It is anticipated that progress meetings would be held with the key project staff members weekly and with the City of Fayetteville twice a month during predesign and every other month during design so that all members of the project team are kept involved and informed and that critical issues are debated and resolved in a timely manner. 4-7 F'..A.72"E'1"11E .49.19.1CA.NSA.S OFFICE CF CITY CLERK f 72701 [5011 521.7700 P. 0. DRAWER F Mr. Vernon Rowe McClelland Consulting Engineers Box 1229 Fayetteville, Arkansas 72701 Dear Mr. Rowe: April 8, 1983 •As promised, enclosed are two executed copies of Resolution No. 52-83, which was passed and approved by the Board of Directors on April 5, 1983. I am including the second copy for forwarding to Dr. Cliff Thompson. Again, please don't hesitate to contact me if I can be of further assistance. Sincerely, Olivia Kelly City Clerk /oak Enc. 4, PAY-maurm-vinmE, •AISICAICSILS OFFICE OF CITY CLERK P. 0. DRAWER F 72/01 April 6, 1983 Mr. Vernon Rowe McClelland Consulting Engineers Box 1229 Fayetteville, Arkansas 72701 Dear Mr. Rowe: 1501 521-77110 As you have requested, I am enclosing an executed copy of the Agreement for Engineering Services between CH2M Hill Southeast, Inc , and the City of Fayetteville. I am including an unnumbered and unexecuted copy of the Resolution in conjunction with this agreement, which was passed and approved by the Board of Directors on April 5, 1983. I will forward two additional copies to your attention after they have been executed and properly numbered. • If I may be of further assistance, please don't hesitate to contact Me . /oak Enc. Sincerely, Olivia Kelly City Clerk