Loading...
HomeMy WebLinkAbout113-89 RESOLUTIONRESOLUTION NO. 113-89 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OMI FOR MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE'S PUMP STATION REHABILITATION. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: - . r . Section 1. That the. Mayor and }City Clerk are hereby authorized and directed to execute an agreement with OMI for maintenance andmanagement services ,for the City's pump station rehabilitation. ,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 APPROVED 1 November , 1989. By:�iie�!llel7T Mayor • 41. ''CONTRACT/LEASE REVIEW: Accounting Q perigsor Cil Attorney fficer rnal Auditor Date D 997 D to I A9129 Date 42-4-11 Date Internal Auditor RL•VJEW: AA - Date STAFF RECOMMENDATION: Pbata- AtAA:a aa> `-zit AGREEMENT for MAINTENANCE AND MANAGEMENT SERVICES for CITY OF FAYETTEVILLE PUMP STATION REHABILITATION THIS AGREEMENT made on this 7th day of November 1989 , between the City of Fayetteville, Arkansas (hereinafter "Owner"), whose address for any formal notice is 113 West Mountain Street, Fayetteville, Arkansas 72701 and Operations Management International, Inc. (hereinafter "OMI") with offices at 900 Rockmead Drive, Suite 265, Ringwood, Texas 77339, whose address for any formal notice is P.O. Box 5169, Kingwood, Texas 77325-5169. Owner and OMI agree: 1. GENERAL 1.1 All definitions of words or phrases used in this contract are contained in Appendix A. 1.2 All grounds, facilities, equipment and vehicles now owned by Owner or acquired by Owner shall remain the property of the Owner. 1.3 This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arkansas. 1.4 This Agreement shall be binding upon the successors and assigns of each of the parties hereto, but neither party will assign this Agreement without the prior written consent of the other party. Consent shall not be unreasonably withheld. 1.5 All notices shall be in writing and transmitted by certified mail to the address noted above. 1.6 This Agreement, including Appendices, is the entire Agreement of the parties. This Agreement may be modi- fied only by written agreement signed by both parties. Wherever used, the terms "OMI" and "Owner" shall in- clude the respective officers, agents, directors, elected or appointed officials, and employees. 2. SCOPE OF SERVICES OMI shall: 2.1 Rehabilitate the mechanical and electrical systems at the Owner's 22 wastewater pumping stations in accor= - AF1.fayettevi11e01d1 (fay0l.wp) 1 103189 46.7 dance with Appendix B. Within this scope of services, OMI will provide for the deferred maintenance of the existing equipment. OMI's scope of services does not include expansion or upgrading of the existing facili- ties. Expansion and/or upgrading the capacity of the pump stations will require a capital expenditure by the Owner. 2.2 Provide and document all Maintenance for the Project. Owner shall have the right to inspect these records during normal business hours. 2.3 Provide and document all Repairs for the Project. 2.4 Pay all Cost incurred in normal Project maintenance and repair. 2.5 Provide Owner, on a monthly basis, a report of Direct Cost in the format and in the level of detail shown in Appendix C. 2.6 Staff the Project with employees who have met the certification requirements of the State of Arkansas. 3. SCOPE OF SERVICES - OWNER Owner shall: 3.1 Provide for all Capital Expenditures. 3.2 Maintain all existing Project warranties, guarantees, easements, and licenses that have been granted to Owner. 3.3 Pay all property, franchise or other taxes associated with the Project. 3.4 Provide OMI within a reasonable time after request any piece of heavy equipment that is owned by Owner and is available so that OMI may discharge its obligations under this Agreement in the most cost-effective manner. 4. COMPENSATION 4.1 Owner shall pay to OMI as compensation for services performed under this Agreement, the actual Direct Cost of services plus an administrative and management fee of Thirty Thousand Seven Hundred Thirty -Eight Dollars ($30,738.00) with adjustments as hereinafter specified. - AF1. fayettevi11e01d1 (fay0l.wp) - 2 - 103189 4.2 At the end of each calendar quarter OMI shall perform a reconciliation of estimated Direct Cost to actual Direct Cost and submit such reconciliation to Owner within thirty (30) days after the end of the period. The reconciliation will indicate detailed expenses by account category and amount. Any difference due OMI or Owner will be paid by the one party to the other within twenty (20) days after the reconciliation is presented. If there is a significant difference between estimated Direct Cost and actual Direct Cost, Owner and OMI will revise the payment schedule accord- ingly. Upon request, OMI shall provide additional documentation of Direct Cost. OMI will invoice. Owner for the Cost of preparing such documentation. 4.3 OMI estimates the Direct Cost for the first twelve (12) months of this Agreement to be Two Hundred Four Thousand Nine Hundred Twenty -Two Dollars ($204,922.00). Details of estimated Direct Cost are shown in Appendix D. 4.4 OMI shall promptly notify Owner if OMI determines that the actual Direct Cost will exceed the estimated Direct Cost. OMI and Owner shall consult on methods in an attempt to reallocate Direct Cost for the remain- der of the year. 4.5 In the event that a change in the scope of services provided by OMI occurs, Owner and OMI will negotiate a commensurate adjustment in the administrative and management fee. 4.6 If actual Direct Cost exceeds estimated Direct Cost by 15 percent (15%) or more due to factors beyond OMI's control, a change in scope of services will have oc- curred and an appropriate adjustment in the administra- tive arid management fee will be negotiated. 4.7 As"an incentive, OMI shall receive tion when actual Direct Cost falls Direct Cost. Such fee shall be 20 the amount actual Direct Costs are Direct Costs. additional compensa- below estimated percent (20%) of less than estimated 4.8 OMI shall prepare an invoice for the Annual Incentive Fee, if any, within sixty (60) days after the end of any Agreement year. AF1.fayettevill Uldl (fay01.wp) - 3 - 103189 4.9 OMI shall provide Owner access to OMI's Direct Cost records and 'supporting documentation for inspection and review and/or audit during normal business hours. 5. PAYMENT OF COMPENSATION 5.1 One Twelfth (1/12) of the administrative and manage- ment fee and estimated Direct Cost for the current year shall be due and payable on the first of the month for each month that services are provided. 5.2 All other compensation to OMI is due upon receipt of OMI's invoice and payable within fifteen (15) days. 5.3 Owner shall pay interest at an annual rate equal to First Interstate Bank of Texas, N.A.'s prime rate plus one and one half (1-1/2) percent (said amount of interest not to exceed any limitation provided by law), on payments not paid and received within fifteen (15) calendar days, such interest being calculated from the due date of the payment. 6. INDEMNITY, LIABILITY AND INSURANCE 6.1 OMI hereby agrees to and shall hold Owner, officers, and employees harmless from any liability or damages for property. damage or bodily injury, including death, which may arise from OMI's negligent operations under this Agreement, to the proportion such negligence contributed to the damages, injury or loss, whether such negligent operation be by OMI or by subcontractor of OMI. Owner agrees to and shall hold OMI harmless from any liability or damages for property damage or bodily injury, including death, which may arise from all causes of any kind other than OMI's negligence. 6.2 OMI's liability to Owner under this Agreement specifi- cally excludes any and all indirect or consequential damages arising from the operation, maintenance, and management of Project. 6.3 Each party shall obtain and maintain insurance cover- age of a type and in the amounts described in Appendix I party shall name the other party as an additional insured on all insurance policies covering the Project and shall provide the other party with satisfactory proof insurance. AF1.fayettevi11e01d1 (fay0l.wp) 4 - 103189 6.4 It is understood and agreed that, in seeking the serv- ices of OMI under this Agreement, Owner is requesting OMI to undertake uninsurable obligations for Owner's benefit involving the presence or potential presence of hazardous substances. Therefore, Owner agrees to hold harmless, indemnify, and defend OMI from and against any and all claims, losses, damages, liabil- ity, and costs including, but not limited to, costs of defense arising out of, or in any way connected with the presence, discharge, release, or escape of contami- nants of any kind, excepting only such liability as may arise out of the sole negligence of OMI in the performance of services under this Agreement. The provisions of said Section 6.5 shall control over any conflicting provisions of this Agreement. 7. TERM AND TERMINATION; DEFAULT REMEDIES 7.1 The initial term of this Agreement shall be one (1) year commencing on November 9, 1989. 7.2 Either party may terminate this Agreement for a mate- rial breach of the Agreement by the other party after giving written notice of breach and allowing the other party thirty (30) days to correct the breach. Excepting breaches by Owner for non-payment of OMI's invoices, neither party shall terminate this Agreement without giving the other party thirty (30) days writ- ten notice of intent to terminate after failure of the other party to correct the breach within thirty (30) days. 8. LABOR DISPUTES; FORCE MAJEURE 8.1 In the event activities by Owner's employee groups or unions cause a disruption in OMI's ability to perform at the Project, Owner, with OMI's assistance or OMI, at its own option, may seek appropriate injunctive court orders. During any such disruption, OMI shall operate the facilities on a best-efforts basis until such disruptions cease. 8.2 Neither party shall be liable for its failure to perform its obligations under this Agreement if per- formance is made impractical, abnormally difficult, or abnormally costly, due to any unforeseen occurrence beyond its reasonable control. The party invoking this Force Majeure clause shall notify the other party. AF1.fayettevilleOldl (fay0l.wp) - 5 - 103189 immediately by verbal communication and in writing by certified mail of the nature and extent of the contin- gency within ten (10) working days after its occur- rence. Both^parties indicate their approval of this Agreement by their signatures below. Authorized signature: Authorized signature: DOn-o. Evans Title: President OPERATIONS MANAGEMENT INTERNATIONAL, INC. Date: /20,09 deata2//eyad"L/ Title: CITY OF FAYETTEVILLE Date: November 7, 1989 AF1.fayettevi11e0idl (fay0l.wp) - 6 - 103189 Appendix A DEFINITIONS A.1 The "Project" means all equipment, vehicles,grounds, and facilities described in Appendix B and where appropriate, the management, operations, and maintenance of such. A.2 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or facility items that cost more than One Thousand Dollars ($1,000); or (2) major repairs which significantly extend equipment or facility service life and cost more than One Thousand Dollars ($1,000); or (3) expenditures that are planned, non -routine and budgeted by Owner. A.3 "Project Cost" means the total of the Direct Costs and administrative and management fee determined on an accrual basis in accordance with generally accepted accounting principles. A.4 "Direct Cost" means the actual cost directly incurred for the direct benefit of the Project. Including, but not limited to, expenditures for direct labor, employee bene- fits, chemicals, lab supplies, repairs, repair parts, main- tenance parts, safety supplies, gasoline, oil, equipment rental, travel, office supplies, other supplies, uniforms, telephone, postage, utilities, tools, memberships, and training supplies. A.5 "Administrative Fee" means expenditures incurred by OMI that indirectly benefit the Project. These costs are: labor administration, utilities administration, and project administration. A.6 "Maintenance" means those routine and/or repetitive activi- ties required or recommended by the equipment or facility manufacturer or OMI to maximize the service life of the equipment, vehicles, sewers and facility. A.7 "Repairs" means those non -routine/ non -repetitive activi- ties required for operational continuity, safety, and performance generally due to a failure or to avert a fail- ure of the equipment, vehicle, sewer or facility or some component thereof. A.8 "Management Fee" means the annual negotiated fee for the provision of management of the facility. • L AF1.fayettevi11e0ld1 (fay0l.wp) - 7 - 103189 Appendix B CITY OF FAYETTEVILLE PUMP STATIONS REHABILITATION SCOPE OF SERVICES Station #1. 978 E. Zion Road Work to be Done o Rebuild two (2) pumps and two (2) motors o Rerun discharge line below ground o Install emergency generator connection o Repair exhaust fan Station #2, 742 E. Millsap Road Work to be Done o Oversee power line relocation o Inspect and repair two (2) pumps and two (2) motors o Install emergency generator connection Station #3. 3008 Susan Carol Work to be Done o Rebuild two (2) pumps and two (2) motors o Rework electrical wiring to bring up to code o Install emergency generator connection Station #4. 691 W. Poplar Work to be Done o Replace or rebuild three (3) pumps o Rewind three (3) motors o Rewire and upgrade electrical controls of pumps o Labor to install pumps and controls o Install mechanical seals on three (3) pumps o Replacement of drywell exhaust fan and duct o Rebuild or replace six (6) gate valves and three (3) check valves o Rework building electrical wiring to meet code o Install emergency generator connection AF1.fayettevilledldl (fay0l.wp) - 8 - 103189 Appendix B (continued) Station 4/5. 3896 N. Gregg Avenue Work to be Done o Rebuild three (3) pumps o Rewind three (3) motors o Electrical rework to bring up to code o Extend diesel tank fill tube above ground to stop water from running into tank Station 1/6, 3021 N. Oldwire Road Work to be Done o Install guard on two (2) pumps shafts o Rebuild two (2) pumps and rewind two (2) motors o Electricalrework to meet code o Extend diesel tank fill tube above ground level Station 117. 2034 N. Country Road Work to be Done o Rebuild two (2) pumps o Rewind two (2) motors o Install main breaker o Install emergency generator connection o Install mechanical seals on two (2) pumps Station 118. 729 W. North Street Work to be Done o Rebuild three (3) pumps o Rewind three (3) motors o Upgrade electrical controls for three (3) motors o Installation of pumps/motors/controls o Rebuild six (6) gates and three (3) check valves o Install mechanical seals on three (3) pumps o Replace wire in main feed service o Replacement of sump pump and controls o Rework building wiring to meet code o Heater replacement o Install emergency generator connection AF1.fayettevi11e01d1 (fay0l.wp) - 9 - .103169 • Appendix B (continued) Station #9, 1336 North Porter Work to be Done o Removal of large dead three o Repair of exhaust vent o Install dehumidifier o Rebuild sump pump o Install emergency generator connection Station 4110, 878 S. Stonebridge Road Work to be Done o Install emergency generator connection Station 4111. 4412 W. 6th Street Work to be Done Can lid o Wetwell o Install o Rebuild repair lid repair emergency generator connection two (2) pumps and. two (2) motors Station 1112, 398 N. Double Springs Road Work to be Done o Install emergency generator connection Rebuild two (2) pumps and two (2) motors Station 1113. 988 S. Mallywagon Road Work to be Done o Rebuild two (2) pumps and two (2) motors o Install emergency generator connection Station 1114, 1820 South Armstrong Road Work to be Done • o Rebuild two (2) pumps o Rewind two (2) motors o Replace sum pump and piping o Install mechanical seals on two (2) pumps o Labor to install pump/motors and controls AF1. fayettevi11e01dl (fay0l.wp) - 10 - 103189 Appendix B (continued) o Rebuild four (4) gates and two (2) check valves o Replace drywell fan and duct o Electrical wiring upgrade to meet code o Replace two (2) outside metal doors o Install emergency generator connection Station 4115. 203 East 29th Circle Work to be Done o Install main electrical disconnect o Rebuild two (2) pumps and two (2) motors o Replace pump controls for two (2) pumps o Install emergency generator connection Station #16, 3917 South McCollum road Work to be Done o Rebuild two (2) pumps and two (2) motors o Install mechanical seals on two (2) pumps o Replace four (4) gates and two (2) check valves o Install emergency generator connection Station 4117. 4394 South School Avenue Work to be Done o Can is rusting away; need repair and anodes replaced o Rebuild two (2) pumps and two (2) motors o Install emergency generator connection o Install mechanical seals on two (2) pumps Station 4118, 202 North Sandy Work to be Done o Rebuild two (2) pumps and two (2) motors o Install emergency generator connection Station 4119, 716 North Futrall Drive Work to be Done o Rebuild two (2) pumps and two (2) motors o Replace controls o Electrical upgrade to meet code o Install emergency generator connection AFl.fayettev111e01d1 (fay0l.wp) - 11 - 103189 Appendix B (continued) Station #20. 3212 North Highway 112 Work to be Done o Install submersible pumps o Replace pump retrieval standard chain with stainless steel cable o Repair float controls o Replace motor control panel o . Install emergency generator connection Station #21. 1687 South Happy Hollow Road Work to be Done o Install emergency generator connection Station #22. 630 North Double Springs Road Work to be Done o Install emergency generator connection AF1.fayettevi11e01dl (fay0l.wp) - 12 - 103189 Appendix C ESTIMATED DIRECT COST Item Cost Salaries _ Onsite $ Benefits $ Overtime $ Chemicals $ Electric $ Computer Expense $ Water $ Uniforms $ Repair Parts $ Fuel $ Outside Services $ Telephone $ Vehicle Maintenance $ Travel $ Training $ Supplies. $ Tools $ Relocation $ Miscellaneous $ Total Direct Cost $ AF1.fayettevi11e01dl (fay0l.vp) - 13 - 103189 Pt • Station Station Station Station Station Station Station Station Station Station Station Station Station Station Station Station Station Station Station Station Station Station Appendix D CITY OF FAYETTEVILLE PUMP STATIONS REHABILITATION DIRECT COST ESTIMATE Pump Station #1, 978 East Zion Road #2, 742 East Millsap Road $3, 3008 Susan Carol 114, 691 West Poplar 415, 3896 North Gregg Avenue 416, 3021 North Oldwire Road 417, 2034 North Country Road 418, 729 West North Street 419, 1336 North Porter 4110, 878 South Stonebridge Road $11, 4412 West 6th Street 4112, 398 North Double Springs Road 4113, 933 South Mallywagon Road 1114, 1820 South Armstrong Road 1115, 203 E. 29th Circle 1116, 3917 South McCollum Road 1117, 4394 South School Avenue 1118, 202 North Sandy 1119, 716 North Futrall Drive 1120, 3212 North Highway 112 1121, 1687 South Happy Hollow Road 1122, 630 North Double Springs Road Total Estimated Direct Cost Administrative and Management Fixed Fee TOTAL ESTIMATED PROJECT COST AF1.fayettev111e01d1 (fay0l.wp) - 14 - Estimated Direct Cost $ 5,945 2,150 2,150 43,851 4,320 4,895 5,065 51,570 3,295 1,000 3,875 2,725 3,645 27,551 4,375 7,555 16,295 2,840 5,025 4,795 1,000 1,000 $204,922 30,738 $235.660 103189 .44 1 Appendix E INSURANCE COVERAGE OMI shall maintain: 1. Statutory workmen's compensation for all of OMI's employees at the Project as required by the State of Arkansas. 2. Comprehensive general liability insurance in an amount not less than 1,000,000.00 combined single limits for bodily injury and/or property damage. Owner shall maintain: 1. Property damage insurance for all property including vehicles owned by Owner and operated by OMI under this Agreement. Any property including vehicles not prop- erly or fully insured shall be the financial responsi- bility of the Owner. 2. Automobile liability insurance for all vehicles awned by Owner and operated by OMI under this Agreement. L A21.fayettevi11e0ldl (fay0l.wp) - 15 - 103189 November 7, 1989 or performed. Bob Kelly stated that the contract would have to be approved by City Staff before payment is made. 375.1 Upon roll call, the ordinance passed unanimously. ORDINANCE NO. 3463 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 375.2 Upon roll call, the motion to approve the resolution to award the contract passed unanimously. (RESOLUTION=IS3=89-APPEARS ON' PAGE.' OF ORDINANCE AND RESOLUTION BOOK ON -PREMISES CONSUMPTION OF ALCOHOL 375.3 Mayor Martin introduced consideration of a request from the Advertising and Promotion Commission for a resolution requesting the Fayetteville Board of Directors call a referendum election o the question of authorizing the sale of alcoholic beverages for on -premises consumption at all hotels and restaurants in the City of Fayetteville (pursuant to Ark. Code Ann. 3-9-202). 375.4 The Advertising and promotion commission requests the Board adopt this resolution in order to benefit the tourist and convention industries in the City and related areas which would in turn benefit Fayetteville and the State of Arkansas. 375.5 Director Green, seconded by Vorsanger, made a motion to approve the resolution. 375.6 Director Kelley asked how many signatures would be required on a petition to get this question on the ballot. City Attorney Rose stated that there were two ways according to Arkansas statute to get an election on this issue: (1) by a majority vote of the governing body of the city or (2) by a petition filed with the City Clerk and signed by qualified electors of the city numbering not less than 15% of the votes cast in the'city for the office of governor in the last election. 375.7 Director Kelley asked when the last time was that the Board of Directors voted to approve or put something on the ballot of this nature. He feared the Board might be setting a precedent for other special interest groups to bring things to the Board calling for an issue to be placed on the ballot. He stated the Board in the past had not followed through with this type of request. 375.8 Mayor Martin agreed with Director Kelley. He favored a referendum but did not think the Board should call for it, rather it should be the result of public sentiment as expressed in the signing of petitions. 375.9 Director Green stated that he felt this was different from other special interest groups since the Advertising and Promotion Commission is a legal commission set up by state statutes for the benefit of city government. He felt based on this standpoint, the feared precedent may not be established. He finds it difficult to vote against letting the people vote on an issue. 375.10 Director Vorsanger stated he shared Director Green's sentiments, especially since there is a law that was set up to do the thing the Board is being requested to do. r I L November 7,-1989 . • • reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third and final reading. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3462 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK SEWER LIFT STATIONS-CH2M HILL/OMI CONTRACT Mayor Martin introduced consideration of a resolution awarding a contract with CH2M Hill/OMI for renovation work to the sewer lift stations, and an ordinance waiving competitive bidding. The City Manager recommends approval. The bid waiver is for the labor and 374.2 miscellaneous cost of OMI personnel performing the renovation. OMI presently has the operating and maintenance contract for the sewer lift stations. OMI has identified the necessary repairs to the lift stations, and it is in the best interest of the City to have OMI perform the renovations. .374 • • • 374.1 Director Lancaster, seconded by Marinoni, made a motion to adopt the resolution. 374.3 Bob Kelly stated the estimated cost for the project is $222,000 and $225,000 was the budgeted figure. Director Marinoni asked if the specific figures would be brought to the Board for final approval. 374.4 Director Green asked what had been done in determining the scope of work to be 374.5 performed. Kelly stated that the prcject had been reviewed by Mike Batie. The actual recommendations came from CH2M Hill/OMI. Green asked if the contract was on a cost plus basis. He wanted to know if all repairs were reimbursable on the lift station side of the contract. Gary Vaughn, Project Director for OMI, stated that the contract presently in place to operate the plant and lift station is a cost plus. The agreement before the Board at this time is a lump sur. This contract is for work to bring the lift stations up to design standards. There are no engineering costs in these figures. Bob Kelly stated that this would also include a quick connect for an emergency generator. Vaughn stated that an electrical disconnect service will be installed on every lift station so that a portable generator will be able to be used at any station. 374.6 Director Green pointed out that he wanted to make sure everyone involved 374.7 understood the reason for waiving competitive bidding on a project of this size. He wanted to make sure that this waiver is justifiable and in the best interest of the citizens and for the City. The ordinance was read for the first time. Director Marinoni, seconded by 374.8 Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Marinoni, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. Director Lancaster wanted to make sure that someone of the City Staff would 374.9 follow the contract and make sure that each item or job charged is actually used