HomeMy WebLinkAbout144-84 RESOLUTIONRESOIITPION NO* 144-84
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT WITH McNAMEE, PORTER AND
SEELY, ENGINEERS OF ANN ARBOR, MICHIGAN, TO SERVE
AS THE CITY'S INDEPENDENT CONSULTANT ON THE WASTEWAI'LH
TREATMENT IMPROVEMENTS PILOT PLANT STUDY REQUIRED
BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY.
BE IT RESOLVED BY THE BOARD OF DIRECMRS OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute an agreement with McNamee, Porter and Seely, Engineers
of Ann Arbor, Michigan, to serve as the City's independent consultant
on the Wastewater Treatment Improvements Pilot Plant Study required
by the United States Environmental Protection Agency. A copy of the
agreement authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 7th day of December
r F A Y 417
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•... Rb -::h a tr. t,
0
Clerk
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B/y�ll //y2Y2�Y�))
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Mayor
, 1984.
did/
AGREEMENT
BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS
AND
McNAMEE, PORTER AND SEELEY OF ANN ARBOR, MICHIGAN
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of this 714 day of ,
19 between the City of Fayetteville, Arkansas (OWNER) and McNamee, Porter and
Seeley, a registered co -partnership (ENGINEER).
SECTION 1 - ASSIGNMENT
OWNER wishes ENGINEER to perform professional engineering services, to serve as
OWNERS professional engineering representative and to provide professional engineering
consultation and advice for a professional fee (as set forth below) in connection with
Independent Oversight of field testing for A20 - A/O process at the Fayetteville, Arkansas
Wastewater Treatment Plant, including oversight of the associated quality control and quality
assurance programs.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 ENGINEER shall perform the following professional services:
2.1.1 Consult with OWNER to clarify and define OWNER'S requirements relative to
the Assignment.
2.1.2 Provide general oversight of the field pilot evaluation;
2.1.2.1 Review the Work Plan,
2.1.2.2 Prepare monthly review report for 13 months,
2.1.2.3 Visit the pilot study site and attend review meetings, a total of 4
trips to the site,
2.1.2.4 Prepare final review report.
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Page 1
EXHIBIT.,, A
2.1.3 Provide specific oversight of the associated quality control and quality
assurance (QC/QA) program;
2.1.3.1 Review of QC/QA plan and report to OWNER. Some follow-up may
be necessary, depending upon completeness of the prepared plan by
the firm conducting tests. Major items to check will be sampling
methods, locations, frequency, handling and testing procedures.
2.1.3.2 A trip to the site for general review of sampling, analysis and
instruments.
2.1.3.3 Review of monthly QC/QA data for 13 months.
2.1.3.4 Review of two interim QC/QA summaries.
2.1.3.5 Review of final QC/QA summary and report.
2.2 Additional professional services related to the Assignment will be performed by
ENGINEER on request of OWNER for an additional professional fee as the parties may
subsequently agree.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall:
3.1 Provide all criteria and full information as to OWNER's requirements and designate a
person with authority to act on OWNER's behalf on all matters concerning the
Assignment;
3.2 Furnish to ENGINEER all existing studies, reports and other available data and
services of others pertinent to the Assignment, and obtain additional reports and data
as required; and ENGINEER shall be entitled to rely upon all such information and
services in performing services hereunder; and
3.3 Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform his services hereunder; and
SECTION 4 - PERIOD OF SERVICE
ENGINEER shall start performing services hereunder within seven (7) days after receipt of
OWNER"s written authorization to proceed, which shall not be given later than forty-five
days after the date of this Agreement; and will complete such services and submit the Report
by February 15, 1986.
Page 2
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SECTIOIS 5 - PAYMENT
5.1 For Basic Services under Section 2, OWNER shall pay ENGINEER a lump sum fee
of $30,856.00. Partial payments shall be made by OWNER as the work proceeds
based on invoices submitted by ENGINEER. These invoices will be prepared
when the items of work have progressed to quarterly completion stages.
5.2 ENGINEER'S above charges are on the basis of prompt payment of bills
rendered and continuous progress of the work on the Assignment until
submission of the Report.
5.3 If OWNER fails to make any payment due ENGINEER for services and expenses
within sixty days of the date of ENGINEER's invoice therefor, the amount due
ENGINEER shall include a charge at the rate of one percent per month from
said sixtieth day, or the maximum interest rate allowed under Arkansas law,
whichever is lower.
SECTION 6 - COST CONTROL
6.1 Opinions of probable construction cost, financial evaluations, feasibility studies,
economic analyses of alternate solutions and utilitarian considerations of
operations and maintenance costs prepared by ENGINEER hereunder will be
made on the basis of ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and qualified design professional.
It is recognized, however, that ENGINEER does not have control over the cost
of labor, material, equipment or services furnished by others or over market
conditions or contractors' methods of determining their prices, and that any
utilitarian evaluation of any facility to be constructed or work to be performed
on the basis of the Report must of necessity be speculative until completion of
its detailed design. Accordingly, ENGINEER does not guarantee that proposals,
bids or actual costs will not vary from opinions, evaluations or studies by
ENGINEER to OWNER hereunder.
SECTION 7 - MISCELLANEOUS
7.1 The obligation to provide further services under this Agreement may be
terminated (a) by OWNER with or without cause upon seven days' written notice
to ENGINEER and (b) by ENGINEER for cause upon seven days' written notice
to OWNER. In the event of any termination, ENGINEER will be paid for all
services rendered to the date of termination.
7.2 OWNER and ENGINEER, and the respective partners, successors, executors,
administrators, assigns and legal representatives of each are bound by this
Agreement to the other party to this Agreement and to the partners,
successors, executors, administrators, assigns and legal representatives of such
.other party in respect of all covenants, agreements and obligations of this
Agreement.
7.3 Nothing herein shall be construed to give any rights or benefits hereunder to
anyone other than OWNER and ENGINEER.
Page 3
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7.4 This Agreement (consisting of four pages), constitutes the entire Agreement between
OWNER and ENGINEER and supersedes all prior written or oral understandings
between them in respect of the subject matter covered hereby. This Agreement may
only be amended, supplemented, modified or cancelled by a duly executed, written
instrument.
7.5 OWNER and ENGINEER agree that Federal Requirements 40 CFR Part 33, as
published March 28, 1983, apply to the EPA grant eligible work to performed under
this Contract and that these clauses supersede any conflicting provisions of this
Contract.
7.6 Preparing to serve or serving as a consultant or witness for OWNER in any litigation,
arbitration, public hearing or other legal or administrative proceeding involving the
Project will be considered as an additional service as noted in paragraph 2.2.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first above written.
teS
WITNESS:
WITNESS:
CITY OF FAYETTEVILLE, ARKANSAS
BY:
MCNAMEE, PORTER AND SEELEY
PARTNER:
Page 4
tsz,,,, rin ,
Robert M. Bachteal
1
EPA Perm 5700.41 (2.76)
PAGE 1 OF 5
COST OR PRICE SUMMARY FORMAT FOR $UBAGREEMENTS UNDER U.S. EPA GRANTS
(See accompanying instructions before completing this form)
Form Approved
OMB No. 158-R0144
PART I • GENERAL
I. GRANTEE
Fayetteville, Arkansas
2. GRANT NUMBER'
3. NAME OF CCNTRACTOR OR SUBCONTRACTOR
McNamee, Porter and Seeley
4. DATE OF PROPOSAL
November 27, 1984
5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP cede)
3131 South State Street
Ann Arbor,Michigan 48104
6. TYPE OF SERV CE TO BE FURNISHED
.A20 - A/O Process Review
_ PART II -COST SUMMARY
7. DIRECT LABOR (Spectft labor categorfee)
ESTI-
MATED
HOURS
HOURLY
RATE
ESTIMATED
COST
TOTALS
Billing
Class
16
$ 31.83
s 509
"';s': _ :.
Billing
Class
8
245
22.13
5,422
zy 45- _
Billing
Class
4
280
14.15 :
3,96247
47
kr
DIRECT LABOR TOTAL:
s>?•`:.
.4)
.4
5 9,893
ESTIMATED
!..INDIRECT COSTS (Specify Indirect coat pools)
RATE
4 BASE =
•
COST
Direct Labor
Overhead
45%
s 9,893
s 4,452
i
General and Administrative Overhead
89%
9 893
8,805
' INDIRECT COSTS TOTAL:
at
i
,_;;'a^.
.� )
"` '-`s-',1
r rte;.1212.57
$
9. OTHER DIRECT COSTS
a. TRAVELCOST
ESTIMATED
(1) TRANSPORTATION 5 air
fares @ $670
& 5 car rentals
@ $45
3,575
°F ,n-
(2) PER DICM 5 days @ $21.25/day
s 106{"�
-`
TRAVEL SUBTOTAL:-x»T
;_.: - .,
S 3,681'•.a'F.ik-.`*9.'"':,,��;_t
b. MATERIALS. SUPPLIES (Specify categories)
QTY
COST
ESTIMATED
L°'i xN$it�t.�n"s1
y7)
EQUIPMENT,
COST
_ ...v
�*M1�'{
t3-hY°.�'4';('i
_fes
li
_*:-.)Y
s.
SUBTOTAL:
+"'
," 'ter rf.'
EQUIPMENT
c. SUBCONTRACTS
E TIMATED
4.t-
'z;,.�..�...
3,,, 3t ,•>•
r'”
'„�,'
- F$ � b'3L. � .
SUBCONTRACTS SUBTOTAL: yr-
s
• j'*-'°mai Ott.
- x yi7 -
d. OTHER (Specltr 7.464904I44)ESCOSTTED
4 _Yw("
jM.ff
r.OTHER
SUBTOTAL:
i`
'� ,...
e) OTHER DIRECT COSTS TOTAL:
t<„-
;r.`..
3,681
0. TOTAL ESTIMATED COST -
S 26,831
11. PROFIT '
s 4,025
12. TOTAL PRICE .
S 30,856
EPA Perm 5700.41 (2.76)
PAGE 1 OF 5
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11 a
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4 h'
4
Senn rarroad
OMB No:.158.80144
EPA Fenn 5700-41 (2.76)
PAGE 2 QF 5
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PART III -PRICE SUMMARY
13 COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES, PRIOR QUOTES
(Indicate bola tarp/lee cooparhen)
MARKET
PRICEISI
PROPOSED
PRICE
f..
j
�,ti M4�
.;Y-i,�.
6�_{ .J
S�
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» �Fz^:/i l'bL�i'Y.•%G JV S I 2�'i�' ^N+.l.,a'Y Y• An"d M?I`: F?s
ipYw :V ! �T„.
$
PART IV -CERTIFICATIONS
14. CONTRACTOR
140.
:s
.Michigan
HAS
ACCOUNTS
State
Lansing,
Phone:
A FEDERAL
YES
Highways
OR
Q
Department
Michigan
1517)
RECORDS
NO
AGENCY
tN
(1! "Yea"
Building--
48909
373-1500
OR
of
A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OP YOUR
CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHST
glee name oddreae and telephone number of re.feethig office) -
State Highways and Transportation -
P.O. Box 30050
114b
.THIS SUMMARYCCONFORMS
WITH THE FOLLOWING COST PRINCIPLES
14e.
This proposal is submitted for use in connectionwith and in response to (1) by the
City
of
Fayetteville
Arkansas . This is to certify to the best of my knowledge
and belief
(2).
that
November
the cost and
27, 1984
pricing
data summarized herein are complete, current, and accurate as of
and that a financial management capability exists to hilly and accu-
rately
subagreement
• pricing
of the
account forthe financial t ansactions under this project. I further certify that
price may be subject to downward renegotiation and/or recoupment
data have been determined, as a result of audit, not to have been complete,
date above.
/984 M'
I understand
where the
current
that the
above cost and
and accurate as
{�
(31 j�l-0v, 27, U `e,--�
130.c
DATE OF EXECUTION
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Partner
-
SIGNATURE
McNamee,Porter
OP
PROPOSER
and Seeley
TITLE OF PROPOSER
15. GRANTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for subagreement award.
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OP REVIEWER
I6. EPA REVIEWER (1t qaphcsoist
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OP REVIEWER 1
EPA Fenn 5700-41 (2.76)
PAGE 2 QF 5
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