Loading...
HomeMy WebLinkAbout67-83 RESOLUTIONotk • • • ,.•, • •' ` c-) ) • , *••'1 • • • RESOLUTION,"NO:' -( :, A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CH2M HILL FOR POLLUTION CONTROL PLANT OPERATIONAL ENGINEERING CONSULTATIONS AND FOR THE DESIGN OF PLANT MODIFICATIONS TO PROVIDE IMMEDIATE ADDITIONAL AERATION CAPACITY. 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 CH2M Hill for pollution control plant operational engineering consultations and for the design of plant modifications to provide immediate additional aeration capacity. A copy of the contract authorized for execu- tion hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this /2%ij day of ,Mi4/ , 1983. :. • ijitm ES: 4. *.•4•• S . .`.. ••. �•-• By.i a n. II City Clerk APPROVED: Byal WOL6n19 Mayor • "a • 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 has selected the Engineer to provide the professional services necessary to implement the wastewater program, utilizing the Owner's professional contract policy adopted April 21, 1981, for the selection of firms to provide professional services, and WHEREAS, the purpose of this Agreement is to set out the terms and conditions under which the Engineer will provide the services described in Article 1. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Engineer and the Owner agree as follows: Article 1 Continued improved performance of the wastewater treatment plant during the interim period until the new facilities are placed into operation is critical to maintain water quality in the White River. The Engineer will provide operational assistance services to the Owner to assist the treatment plant operating staff. Specific services will be dictated by problems that may occur, however these services can generally be described as: • 1. Answer questions and provide periodic guidance on operational control of the WWTP by telephone. 2. Make periodic visits to the WWTP and give onsite assistance and guidance to operational staff. 3. Analyze operational data and provide guidance (as needed) regarding necessary operational changes. 4. Provide special assistance and guidance as needed during WWTP process upsets (a potential until the ultimate WWTP expansion and upgrading are com- plete) to minimize deterioration of WWTP effluent quality. 5. Provide assistance in managing Lake Sequoyah to augment low flow in the White River during the later summer and fall. • • . EXE BBIT.: .A • Mr. Mike Engineer' scope as: Article 2 • • • -4 Lawrence the owner's representative will direct the s efforts and more 'specifically define the work the need dictates. Compensation to the Engineer for the services provided will be on the basis of payroll cost plus 125% plus direct project expenses. A maximum billable cost of $10,000, which can not be exceeded without written authorization, is established. The utilization of this budget will be dictat- ed by the work scope requested by Mike Lawrence; however, the Engineer anticipates that the budget amount will allow the service to be provided through 1983. 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 hecannot 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 characteris- tics 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, 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 level 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 commensurate with the work performed through the date of termination. 4.8 That, the Engineer's Salary Overheads are defined as a percentage of wages or salaries of employees working and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical -hospital insurance, salary continuation insur- ance, pension plan costs, and pro rata allowances for vacation, sick pay, and holiday pay. Direct Salary plus Salary Overhead is defined as Payroll Cost. 4.9 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 compen- sation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in written amendments to this Agreement. 4.10 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. 4.11 In the event of any legal or other controversy requiring the services of the Engineer in providing expert testimony in connection with the Project, and, except suits or claims by third parties against the Owner arising out of errors or omissions of the Engi- neer, 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. 4.12 This Agreement is to be binding on the heirs, succes- sors, 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 Agreement DATED this WHEREOF, the parties hereto subscribe this in triplicate. �7w` day of , 1983. CITY AYETT LE ARKANSAS Mayor By: City Cl ATTEST By: Title CH2M HILL SOUTHEAST, INC. By: Title: JO/CUT/046 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 has selected the Engineer to provide the professional services necessary to implement the wastewater program, utilizing the Owner's professional contract policy adopted April 21, 1981, for the selection of firms to provide professional services, and WHEREAS, the purpose of this Agreement is to set out the terms and conditions under which the Engineer will provide the services described in Article 1. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Engineer and the Owner agree as follows: Article 1 An interim project has been developed to assist the existing treatment plant performance until the upgraded facilities are operable. These modifications are anticipated to provide the following benefits: 1. Provide sufficient oxygen transfer for nitrifica- tion of the wastewater during the summer period. 2. Improve electrical utilization efficiency to reduce power costs when nitrification does not occur. 3. Provide proof to ADPC+E that Fayetteville will take all reasonable actions to assure that the existing plant performs as well as feasible during the interim period. 4. Provide the potential to utilize FY83 grant funds remaining at year-end thereby increasing the total grant money available to Fayetteville. The proposed improvements will not remove the hydraulic overload deficiencies existing at the plant that occur during periods of excessive I/I. The'Engineer will provide*-theengineering services to design the necessary improvements, prepare a Step III grant • application, and the necessary services to implement the project. More specifically the services to be provided include: 1. Evaluate 2 -speed slow -speed, fixed platform mechanical surface aerators commercially avail- able. Select the aerator that is found to be the most desirable for the ultimate plan, and report recommendations to the City. 2. Produce a contract document that will allow the purchase of these aerators by the City. Assist in advertisement/solicitation of bids, or in direct purchase of the equipment. , 3. Prepare a Step III grant application. 4. If bid, mend to 5. Develop ments. receive bids, select aerators, and recom- city. Assist with equipment purchase. Immediate Modifications Contract Docu- A. Using specific design information from the selected aerator, design aerator support system. This will include an evaluation of the existing aerator supports as to: o Ability to be utilized for new 100 hp units; and o Ability to be utilized for new 400 hp units as a part of the ultimate plan. If existing support system is not adequate for 100 hp units, then new support systems will be designed. Geotechnical assistance will be necessary if a new support system is required and must be supported from outside of the basins to keep the plant in service. B. Interim electrical requirements will be evaluated and necessary temporary needs will be designed. If possible, power will be obtained from existing main transformer and routed through temporary conduits to existing aeration basin area. Motor control centers (with starters) will be temporarily located adjacent to aeration basins, and will be relocated to a permanent location as part of the ultimate program plan. • • If FY 1983 grant money is not available, the Owner will request that the early implementation cost of these facil- ities be considered grant eligible for future funding. The Engineer will not recommend implementing these improvements in the remote case where the project was neither funded out of FY83 money nor deemed grant eligible for future funding. Article 2 Compensation to the Engineer for the services provided will be on the basis of payroll cost plus 125% plus direct project expenses with a 5% mark-up on services provided by the Engineer's subconsizltant``,•McClelland Consulting Engi- neers. The maximum billable cost is $48,000, which can not be exceeded without the Owner's written authorization. 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 characteris- tics may vary greatly between successive test points and sample intervals. The Engineer will perform this work in accordance with generally accepted soils 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 level 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 Engineerwill be paid an amount commensurate•with the work performed through.the date of termination; however the payment made shall not exceed the reasonable value of the services provided as related to the total services described in Article 1. 4.8 That, the Engineer's Salary Overheads are defined as a percentage ofzwages or salaries of employees working and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical -hospital insurance, salary continuation insur- ance, pension plan costs, and pro rata allowances for vacation, sick pay, and holiday pay. Direct Salary plus Salary Overhead is defined as Payroll Cost. 4.9 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 compen- sation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in written amendments to this Agreement. 4.10 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. 4.11 In the event of any legal or other controversy re- quiring the services of the Engineer in providing expert testimony in connection with the Project, and, except suits or claims by third parties against the Owner arising out of errors or omissions of the Engi- neer, 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. 4.12 This Agreement is to be binding on the heirs, succes- sors, 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 WHEREOF, the parties hereto subscribe this Agreement in triplicate. DATED this c0? day of , 1983. BIT E47 T LLE, A KANSAS oitY ByAS Igeity Cler &, t• -- ATTEST By: + Title Mayor CH2M HILL SOUTHEAST, INC. By:k7a-ao- — Title: �GcG �Ls� jd/CGT/046 ak