HomeMy WebLinkAbout12-90 RESOLUTION•
•
RESOLUTION NO. 1 2 -90
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AMENDMENT TO CH2M HILL'S
CONTRACT THAT ASSIGNS OMI OPERATION OF THE
WASTEWATER TREATMENT PLANT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed lc execute an amendment to C112M Hill's
contract that assigns operation of the wastewater treatment plant
directly to OMI. A copy of the amendment authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this 16th day of January , 19Q0.
APPROVED:
By: aA/2410/
ATTEST:
By
Mayor
•
•
•
AMENDMENT NO. 4 TO THE AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE AND CH2M HILL
SOUTHEAST, INC. TO FURNISH OPERATIONS AND MANAGEMENT SERVICES
FOR THE FAYETTEVILLE, ARKANSAS WATER POLLUTION CONTROL PLANT
This Amendment is made and entered into this 16th day of January, 1990 by
and between CH2M HILL SOUTHEAST, INC. (hereinafter "Engineer"), whose
address for any formal notice required by this Agreement is P.O. Box 230548,
Montgomery, Alabama 36123-0548, and the CITY OF FAYETTEVILLE,
ARKANSAS (hereinafter "Owner"), whose address for any formal notice
required by this Agreement is 113 West Mountain Street, Fayetteville,
Arkansas 72701.
WHEREAS, the Owner and the Engineer have entered into contracts under
which the Engineer will design, supervise construction of improvements to, and
operate the Fayetteville Water Pollution Control Plant to bring said plant into
compliance with an Administrative Order issued by the United States
Environmental Protection Agency.
WHEREAS, the Owner and the Engineer entered into the Agreement to
operate the Fayetteville Water Pollution Control Plant on February 27, 1984
with Amendment 1 dated August 28, 1986, Amendment 2 dated January 22,
1989, and Amendment 3 dated September 13, 1988.
WHEREAS, the design, construction, and operational certification are in the
final stages of completion.
WHEREAS, the Engineer has subcontracted the operation of the Fayetteville
Water Pollution Control Plant to Operations Management International, Inc
(hereinafter "OMP').
WHEREAS, Article 17 of the Agreement provided for the assignment of the
Agreement upon written consent of both parties.
WHEREAS, the Owner and the Engineer desire to assign the Engineer's
responsibilities under the Agreement to OMI and OMI is willing to accept this
assignment.
THEREFORE, the parties mutually agree to amend the Agreement as stated
herein.
mgmCR7/050.50 1
•
•
Article 17.0, ASSIGNMENT, is amended as follows:
This Agreement shall be binding upon and inure to the benefit of
the respective successors and assigns of each of the parties hereto,
but any assignment of this Agreement by either party without the
prior written consent of the other party shall be void. Such
consent shall not be unreasonably withheld.
The Owner and the Engineer agree to assign the Engineer's
responsibilities of this Agreement and all previous and future
Amendments to Operations Management International, Inc. (OMI).
All references to the "Engineer" contamed within this Agreement
shall be replaced with "OMI."
All other terms and conditions remain in effect in accordance with the
Agreement first referenced in this Amendment No. 4 and in Amendments 1, Z
and 3 unless superseded by this Amendment No. 4.
IN WITNESS THEREOF, the parties have caused this Amendment to be
executed as of the date first written above.
Authorized Signature Authorized Signature
ems!'
Raymond E. Topping
Vice President
CITY OF FAYETTEVI LE, CH2M HILL SOUTHEAST, INC.
ARKANSAS
APPROVED AS
er y r . ito se
Cit Attorney
mgmCR7/050.50 2