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Home My WebLink About75-86 RESOLUTIONRESOLUTION NO. 75-86 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CITY'S AGREEMENT WITH CH2M HILL SOUTHEAST, INC. TO FURNISH OPERATIONS AND MANAGEMENT SERVICES FOR THE FAYETTEVIT.T,F WATER POLLUTION CONTROL PLANT TO AMEND THE SCOPE OF SERVICES AND COMPENSATION UNDER SAID AGREEMENT. BE IT RESOLVED BY 111E BOARD OF DIRECTORS OF THE CITY OF FAYElTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute Amendment No. 1 to the City's agreement with CH2M Hill Southeast, Inc. to furnish operations and management services for the Fayetteville Water Pollution Control Plant to amend the scope of services and compensation under said agreement. A copy of the amendment authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 15thday of July , 1986. r,,. ATPEST... ,._';BYO, . ��kk in f :Clerk it i; kr�fw r N n ; g 4 a .n y S �_ F`•`c iFQ:4"F �•. ��:,. v1* APPRO :31 By: / , Sd' Mayor • AMENDMENT NO. 1 AGREEMENT BETWEEN FAYETTEVILLE; ARKANSAS AND CH2M HILL SOUTHEAST, INC. TO FURNISH OPERATIONS AND MANAGEMENT SERVICES FOR FAYETTEVILLE, ARKANSAS WATER POLLUTION CONTROL PLANT /S' day This amendment is made and entered into /, 1986 by and between Arkansas/ (hereinafter referred to as the Owner) and CH2M HILL Southeast, Inc. (hereinafter referred to as Engineer). This Amendment No. 1 amends the agreement dated 27 February 1984 between the Owner and the Engineer. this of the City of Fayetteville, Article 2 - DEFINITIONS is "Adequate Nutrients" means iron contents proportional nitrogen, amended by adding the following: 2.12 plant influent nitrogen, phosphorus, and to BOD5 in the ratio of five (5) parts one (1) part phosphorus, and one half (0.5) part iron for each one hundred (100) parts BOD5 as measured on a monthly average basis. "2.14 'ADPC,&E' is the Arkansas Department of Pollution Control and Ecology." Article 5 - SCOPE OF SERVICES is amended by changing the following: In the third and four paragraphs of 5.1, similarly change "...NPDES permit..." to "...ADPC&E and NPDES permits..." wherever the phrase appears. Replace' paragraph 2 of 5.1 with the following: "Engineer shall be responsible for meeting the effluent quality limitations of OWNER's NPDES and ADPC&E permits unless one or more of the following occurs: (1) the treatment plant influent at all times does not contain adequate nutrient to support operation of Treatment Plant biological processes and/or contains abnormal or biologically toxic substance which cannot be removed by, or interfere with the existing process and facilities; (see Appendix D) (2) the flow, influent HOD5, and/or suspended solids exceeds the Treatment Plant loading parameters which are 11.4 million gallons per day, 25,700 jh/DH/010 pounds of BOD5 per day, 21,300 pounds of suspended solids per day, and a daily peaking factor of 2.2 times flow, BOD5, or suspended solids. (Attached Appendix D ). Such loadings shall be measured on the basis of a monthly average. Add the following sentence to Article 5.6: "Employees occupying positions that are eliminated because of phasing out of existing facilities will be given the opportunity to be trained for any new and vacant positions created as a result of new treatment facilities being put into service." Delete the third sentence of Article 5.9 and replace the fourth sentence with: "A fee may be charged for use of equipment and personnel from any municipal department but any such fee shall not exceed the normal interdepartmental charged administered by the Owner." To the last sentence in Article 5.9 after "...heavy equipment..." add "...and personnel...". Article 5.11 shall be replaced by the following: "Engineer's responsibility for the disposal of screenings, sludge, and grit is limited to the disposal sites and methods in use at the time of initiation of full contract services until the sludge disposal plan contained in the June 9, 1983, 201 Facilities Plan is implemented. An appropriate change of scope to reflect any change in the Engineer's costs resulting from implementation of the new plan will be subject to negotiation." Article 5.12 is amended by changing "...NPDES permit..." to "...ADPC&E and NPDES permits". Article 6 - COMPENSATION Article 6.1 is replaced in its entirety by the following: 6.1 For services rendered by Engineer, during the first year after the commencement date, Owner shall pay to Engineer the actual Cost of services performed under Article 5, plus a Fee equivalent to Sixty Three Thousand Two Hundred. Seventy Three Dollars ($63,273) in 1987 dollars. Said Fee and estimated jh/DH/010 Cost's shall be paid in twelve (12) equal monthly installments. Owner shall pay in accordance with Article 7.1. Article 6.4 is amended by replacing it with the following: 6.4 Engineer estimates the annual actual Cost for services under this Agreement in 1987 to be Two Million One Hundred Thirty Two Thousand Eight Hundred Dollars ($2,132,800) in 1987 dollars. Details of said estimated annual Cost are shown in Exhibit G. After services have begun Engineer will provide Owner with an estimate of actual Cost annually four (4) months prior to a new contract year. Article 10 - TERM AND TERMINATION Article 10.1 is amended by replacing "the initial term of this agreement shall be two (2) years and shall commence on the day that construction of the aforesaid treatment plant is completed, ..." with "the initial term of this agreement shall be two (2) years and shall commence on January 1, 1987,..." APPENDIX B Appendix B is amended by adding a heading for the attached ADPC&E permit using similar language as for the NPDES permit except changing "NPDES" to ADPC&E" wherever it occurs, and attaching the ADPC&E permit. APPENDIX G Appendix G is deleted in its entirety and replaced with the attached revised Appendix G. jh/DH/010 IN WITNESS THEREOF, the parties hereto each herewith subscribe the same in triplicate. ATTEST: FOR T CITY OF FnnAYETTEVILLE, ARKANSAS CE 'HP (Name) By FOR CH2M HILL SOUTHEAST, INC. By: (Title) tN e (Title) Dated this /5 day of ih/DS/010 1986 APPENDIX B ADPC&E Permit for each Treatment Facility and Mutually Agreed Exclusion 1. Treatment Facility name ADPC&E Permit number Copy of existing ADPC&E Permit attached to this Agreement and jh/DS/010 dated for above facility is is a part of this Agreement. • APPENDIX G City of Fayetteville Estimated Cost for Treatment Plant Direct Labor and Benefits $ 626,655 Labor Overhead @ 35% 219,329 Utilities 589,180 Utilities Overhead @ 5% 29,459 All other Direct Costs 607,434 Administrative Overhead @ 10% 60,743 TOTAL ESTIMATED COST $2,132,800 *Repairs are estimated at $45,000 ih/ns/nin • APPENDIX D AVERAGE FLOW AND WASTEWATER CHARACTERISTICS 1. The average daily flow from Fayetteville Wastewater Treatment Facility for the purposes of this Agreement is 11.4 million gallons per day. 2. The average concentration, on the basis of a 24 hour composite sample, of BOD5, suspended solids, ammonia nitrogen, and phosphorus for the purposes of this Agreement are 25,700 lbs/day, 21,300 lbs/day, 3,300 lbs/day, and 700 lbs/day, respectively. 3. The maximum daily concentration of various heavy metals, on the basis of 24 hour composite, that can be contained in the treatment plant influent are as follows: Metal _Concentration, mg/1 Cyanide 0.30 Cadmium 1.0 Chromium 0.25 Copper 1.00 Lead 0.50 Nickel 0.25 Zinc 1.00 If the concentration of any single metal is higher than those listed above, and results in a "biological upset", which causes a NPDES or ADPC&E violation, OMI shall not be held responsible for the violation(s) attributable to that biological upset. If an "Biological Upset" occurs which can be traced to metal toxicity, caused by influent concentrations lower than those listed above, OMI retains the right to seek relief from the City of Fayetteville. 7h/DH/010