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HomeMy WebLinkAbout67-92 RESOLUTION• RESOLUTION NO. 67-92 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING SERVICES AGREEMENT WITH BLACK & VEATCH IN THE AMOUNT OF $87,700 FOR A SLUDGE MANAGEMENT AND ODOR ABATEMENT STUDY AT THE SEWAGE 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 to execute an engineering services agreement with Black & Veatch in the amount of $87,700 for a sludge management and odor abatement study at the sewage treatment plant. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of April , 1992. ATTEST: APPROVED: ri of %„�'� Mayor • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, between City of Fayetteville, Arkansas (Owner) and Black & Veatch (Engineer); WITNESSETH: WHEREAS, Owner intends to reduce or virtually eliminate offensive odor production from the Paul R. Noland Wastewater Treatment Plant (the Project); and, WHEREAS, Owner requires certain engineering services (the Services) in connection with the Project; and, WHEREAS, Engineer is prepared to provide the Services; NOW THEREFORE, in consideration of the promises contained ir. this Agreement, Owner and Engineer agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be i'P'9 L ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by the laws of the state of Arkansas. ARTICLE 3 - SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform the Services described in Attachment A, Sccpe of Services (Pages A-1 through A-5). ARTICLE 4 - COMPENSATION Owner shall pay Engineer in accordance with Attachment B, Compensation (Pages 8-1 through 6-2 plus a project schecule and project `low chart). W3SED032392 ARTICLE 5 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment C, Owner's Responsibilities (Page C-1). ARTICLE 6 - STANDARD OF CARE Engineer shall exercise the same degree of care, skill, and diligence in the performance o' the Services as is crdinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall reperform the Services which fail to satisfy this standard of care. No warranty, express or imp;ied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. ARTICLE 7 - LIABILITY AND INDEMNIFICATION 7.1 General. Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, anc the Engineer's fee fcr the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article. 7.2 Corsequential Damages. To the fullest extent permitted by law, Engineer shall not be liable to Owner `or any special, indirect, or consequential damages resulting in any way from the performance of the Services. 7.3 _imitations of LiaPility. To the fullest extent permitted by law, Engineer's total liability to Owner for all c -aims, losses, damages, and expenses resulting in any way from the performance of the Services shail not exceed $1,000,000. 7.4 Survival. Upon ccnolet-or o` all Services, ob'igatiers, and duties provided for in this Agreement, or 4f th=s Agreement is terminated for any reason, the terms and conditions of this Article shall sJrvive. W'3SFC032392 2 ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the following insurance: (1) General Liability Insurance, with a combined single limit of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. (2) Automobile Liaoility Insurance, with a combined single limit of not less than S1,000,000 for each person and not less than $1,000,000 for each accident. (3) Workers' Compensation Insurance in accordance with statutory requirements and Employers' Liaoility Insurance, with limits of not less than $500,000 for each occurrence. (4) Professional Liability Insurance, with limits of not 'ess than S1,000,000 annual aggregate. Engineer shall, upon written request, furnish Owner certificates of insurance which sha'1 include a orov'sion that such insurance shall not be canceled without at least thirty days• written notice to Owner. A'l Project contractors shall be required to Inc'ude Owner and Engineer as additional insureds on their General Liability insurance policies. Engineer and Owner each shall require its insurance carriers to waive all rights of subrogation against the other and its directors, officers, partners, commissioners. officials, agents, and employees for damages covered by property =nsurance during and after construction. A similar provision shall Le incorporated irto all construction contractual arrangements entered into by Owner and shall protect Owner and Engireer to the same extent. ARTICLE 9 - LIMITATIONS OF RESPONSIBILITY Engineer shall not ne responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the aroject; (2) the fai-u^e or any contractor, subcon- 43SEJ0322,92 3 tractor, vendor, or other Project partic`pant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibi'ities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 10 - OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of 'abort naterials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, Engineer's opinion of probable costs and of Project schedules seal: be Tade on the basis of experience and qualifi- cations as a professional engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer's cost estimates or that actual sc-edules will not vary from Engineer's projected schedules. ARTICLE 11 - REUSE OF DOCUMENTS All documents, inc'uding, but net limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not `ntendea or represented tc be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended wi'l be at Owner's sole risk and without liability or 'egal exposure to Engineer. ARTICLE 12 - TERMINATION This Agreement may be terminated by either party .ipon wr4tten rotice in the event of material breach by the other party to perform it accordance :with the terms of tnis Agreement. The nonperforming party shall have fifteer calendar days `rcm the date cf the termination notice to cure or to submit a plan for cure acceptable to the other party. Owner may terninate or suspend per`ormance of this Agreement for Owner's convenience upon writ_ten notice to Engineer. Engineer shall terninate or suspend performance of the Services on a schedule acceptable to 43SEC»332392 4 Owner. if termination or suspension is for Owner's convenience, Owner shall pay Engineer far all the Services performed and termination or suspension expenses. Upon restart, an equitable adjustment shall be made to Engineer's compensation. Termination or suspension expenses shall `nclude costs to wind up or "mothbal'" the Project, such as, admiristrative, clerical, engineering and other costs to prepare Project documents and other data for transmittal to Owner or file storage; settlement costs for subcontracts entered into prier to the termiration or suspension notice; reassignment costs for Project personnel not permanently assigned to Engineer's Project office; and other costs expended to comply with the Owner's directives. ARTICLE 13 - DELAY IN PERFORMANCE Neither Owner nor Engineer sna'l Pe considered in default of this Agreement for delays in performarce caused by circumstances beyond the reasonable control of the nonperforming party. =or purposes of this Agreement, such circumstances include, but are not 'imited to, abnormal weather conditions; floods; earthouakes; fire; epidemics; war, riots, anc other civil cisturbances; strikes, lockouts, work slowcowns, and other labor disturbances; sabotage; judicial restraint; ana inaoility to procure permits, licenses, or authorizations from any local, state, or °eceral agency for any of the supplies, materials. accesses, or services reauirec to be provided by either Owner or Engineer uncer this Agreemert. Should such circumstances occur, the nonperformirg party shall, within a reasonable time of being prevented froT performirg, give writer notice to tie ctier party descrioing the circumstances preventing continJed performarce and the efforts being made to resume per`ornance of this Agreement. W3SED032392 ARTICLE 14 - COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Engineer: Black & Veatch 8400 Ward ParKway P. 0. Box 8405 Kansas City, Missouri 64114 Attn: Jack Keller, Partner Owner: City of Fayettevi ie 113 W. Mountain Fayettevi'le, Arkansas 72701 Attn: Director of Public Works Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engireer and Owner. ARTICLE 15 - WAIVER A waiver by ether Owner or Engineer of any breach of this Agreement sha 1 be it writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. ARTICLE 16 - SEVERABILITY The irvalidity, il'egality, or unenforceaoil'ty of any provision of this Agreement or the occurrence of any event rendering any portion or provi- sion of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void prov•sion snail be deemed severed from this Agreement, ar.d the balance of this Agreement shal" be construed and enforced as if this Agreement did not contain the particular porton or provision held to be void. he parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as pos- sible to the intent of the stricken arov'sion. The provisions of this Artic'e shall not prevent this entire Agreement from being voic should a provision which is of the essence of this Agreement be determined void. W3SED332392 5 ARTICLE 17 - INTEGRATION This Agreement represents the entire and integrated agreement between Owner and Engineer. It supersedes all prior and contemporaneous com- munications, representations, and agreements, whether oral or written, relating to the subject matter o' this Agreement. ARTICLE 18 - SUCCESSORS AND ASSIGNS Owner and Engineer each ands itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives tc the cther party to this Agreement and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this Agreement. ARTICLE 19 - ASSIGNMENT Neither Owner nor Ergineer shall assign any rights or duties under this Agreement without the prior written consent of the other party. finless otherwise stated in the written consent to an assignment, no ass'gnment will release or discharge the assignor from any obligation under this Agreement. Nothing contained `n this Article shall prevert Engineer fro' employing independent consultants, associates, and subcontractors to assist in the perfortance of the Services. ARTICLE 20 - THIRD PARTY RIGHTS Nothing in this Agreement shall to construed to g•ve any rights or bene'its tc anyone other than Owner and Engineer. W3SED032392 7 IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement. City of Fayetteville, Arkansas Brack & Veatch Owner Date W3SEDC32392 8 E ineer By C)3 \k mac Keller Title Partner -in -Charge Date 3' 23 ` 9 Z ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Fayetteville, Arkansas Engineer: Black & Veatch Project: Sludge Management and Odor Abatement Study for the Paul R. Noland Wastewater Treatment Facility SCOPE OF SERVICES A. SLUDGE MANAGEMENT AND ODOR ABATEMENT STUDY BASIC SERVICES The scope of Basic Services is to conduct a study of sludge management practices and alternatives in conjunction with offensive odor abatement at the Paul R. Noland Wastewater Treatment Facility. The work will proceec in phases as described. Phase 1 - Project Kickoff Task 1.1 - Initiation Meeting. Kev members cf the project team will prepare so- the Study and meet with the Owner and OM: staff tc review oro,'ect objectives and discuss the existing treatment facilities and operations. This meeting will be in Fayetteville, Arkansas. Task 1.2 - Obtain and Review Available Information. Following Task 1.1, relevant project information will be obtained for review by the project team. Information to be obtained wi'l include, but not be limited to, the following: • Previous sludge management and odor abatement studies • Historical records of Icor complaints • Plant drawings and specifications • Detailed cost and operational information for past and currert s'ucge processing and disposal practices • Historical wastewater anc sludge treatment operations data. including quantity, quality, and performance datafromthe past three years. • Site irformation such as geotechnical reports, site restrictions, expansion plans, future development plans around slant, etc. Any additional laboratory ana'ysis needed for the evaluation of sludge characteristics will be icent•fied at th4s time. W3SEDO31797 A-1 Phase 2 - Study of Sludge Management Practices and Alternatives Task 2.1 - Sludge Characterization. Reports and operational data collected during Phase 1 wil' be used to determine existing and future sludge quantities. Historica: sludge quality and process data wilt be used to characterize raw and stabilized sludge quality. These data will be used to assess the existing digestion system and to develop conceptual design criteria for alternative stabilization processes. Task 2.2 - Review of Regulatory Requirements. State of Arkansas Department of Pollution Control and Ecology officials will be contacted to determine current and future stabilization requirements. These criteria will be used along with available sludge quality data to evaluate the level of stabilization that must be achieved by the various processes Task 2.3 - Identification of Stabilization Technologies. In conjunction with the Owner's personnel, the project team will identify the stabilization technologies to be evaluated. Only technologies that generate a product suitable for agricultural land application will oe included. lhese technologies may produce a liquid sludge similar to the Owner's existing aerobically digested sludge, or may produce a dewatered sludge cake. Task 2.4 - Screening of Identified Technologies. Stabilization tecnnologies listed :n Task 2.3 will be subjected to a screening process that will identify the most viable technologies to be evaluated in detail. Screening criteria will include odor abatement capability, regulatory acceptabil`ty, technical feasibility, sludge handling requirements, and compatibility with existing facilities. Task 2.5 - Develop Management Alternatives. The two most viable stabilization technologies will be combined with appropriate odor abatement techno:oyies evaluated in TasK 3.4 and thickening, dewatering, storage. transport, and land application systems fcr evaluation. Task 2.6 - Analysis of Management Alternatives. Economic and non- economic criteria will be used to compare sludge management alternatives. Economic criteria developed will be order -of - magnitude estimates for comparison purposes only. These criteria will include life -cycle costs comprised of capital costs and O&M costs, equipment replacement costs, and the remaining value. Actua- plant O&M costs will be used whenever possib:e. Non -economic criteria wil' include systeT reliabi'ity, flexibi:ity, and odor abatement capability. W3SEDC3:292 A-2 Phase 3 - Study of Odor Abatement Task 3.1 - Schedule Odor Survey. The Owner will be consulted to determine an appropriate date to perform the odor survey, organize and prepare equipment and coordinate and schedule laboratories and testing facilities. The date will be influenced by the weather, wastewater temperatures, and current odor presence. Task 3.2 - Perform Odor Survey and Process Evaluation. Liouid and air monitoring will Pe conducted for three consecutive days at various locations around the treatment plant. Hydrogen sulfide and ammonia will be measured at all major treatment processes, with 8 to :2 samples collected for olfactory analysis by the Illinois :nstitute of Technology Researcr. Institute (IITRI) to determine odor level, and 2 or 3 samples collected for gas chromatograph/mass spectrometry (GC/MS) analysis by American Interplex to identify and quantify specific constituents. Based an information collected during the survey and a review of plant records, a process evaluation will be conducted to determine potential odor generation sources. Task 3.3 - Identify and Rank Odor Sources. Tne results of the odor sampling and process evaluation and the information in the CH2M Hill report will be used to dentify and rank odor sources in order of severity. Task 3.4 - Evaluate Sludge Process Odor Abatement Alternatives. Applicable odor treatment options will be assessed for the two most viable management alternatives. Economic criteria developed will be crder-of-magnitude estimates 'or comparison purposes only. These criteria will include capital, operating and maintenance costs, as well as performance and reliabi'ity for each alternative. Task 3.5 - Evaluate Liquid Process Odor Abatement Alternatives. Cdor abatement options will pe examined for the liquid process units dent fied as severe sources of odcr. Economic criteria developed will be order -of -magnitude estimates for comparison purposes crly. The criteria will include capital, oaerating, and maintenance costs `or the two most promising alternatives. Non -economic factors stich as performance, reliability, appearance, spatial requirements, and upgrade potent`al will also be considered. Task 3.6 - Prioritize Odor Abatement Alternatives. The odor abatement alternatives evaluated 'or the liquid and sludge treatment prccesses will he pr critizec. A staged approach to implementation w=il be recommenced tc address high priority sources first to maximize cost-effectiveness. 03SEC0312g2 A-3 Phase 4 - Workshop Task 4.1 - Workshop. A workshop will be held with the Owner's personnel, 'n -house consultants and project team members to discuss the results of the slucge management alternative analysis and to select an alternative for further development. The odor abatement alternative prioritization plan wi'1 also be reviewed. the workshop will be in Kansas City, Missouri. Phase 5 - Technical Memorandum Task 5.1 - Prepare Draft Technical Memorandum. A draft technical memorandum will be prepared which summarizes the results of Tasks 2 & 3, including the ability of alternatives to meet process requirements and satisfy odor aoatement needs. The economic criteria included will be suitable for ranking and comparison of alternatives. Five (5) copies of the draft technical memorandum will be sunmitted to the Owner for rev'ew and comment. Task 5.2 - Review Meeting. A review meeting will be scheduled with the Owner's staff to receive input and answer questions. Task 5.3 - Prepare Final Technical Memorandum. After incorporation cf the City's comments and clarification of any auestions, five (5) copies of the final technical memorandum will be issued. SUPPLEMENTAL SERVICES The Basic Services defined by the various tasks were prepared in response to information providec in the Request For Proposal and during a recent site visit. Any work teat 's not :ncluded in the Bas'c Services will be c:assified as Supplemental Services. Supple - rental Services shall include but are not limited to: 1. Meetings with local, State, or Federal agencies to discuss the project if rot concurrent with workshops. 2. Appearances at public hearings or before special boards. 3. Supplemental engineering wore required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 4. Special consultants or independent professional associates requested or authorized by the Owner. 5. Additional fie -d testing `n excess of the number of days specifically outlined in Basic Services. 6. Conducting pilot testing of chem -cal treatment or odor abatement measures. 7. C'anges in the general scope, extent, or character cf the Project or Services provides, including but not limited to, changes in sze, complexity, schedule, and revising previously accepted studies, reports, or design cocuments. P. Detailed opinion of corstruction test or the selected alternative. W3SEC331292 A-4 B. DESIGN AND IMPLEMENTATION SERVICES A comprehersive scope of serv4ces will be developed by the Engineer, if requested by the Owner, following completion of the Sludge Management and Odor Abatement Study. ;s3SED031292 A-5 Owner: Engineer: Project: ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES City of Fayetteville, Arkansas Black & Veatch Sludge Management and Odor Abatement Study for the Paul R. Noland Wastewater Treatment Facility COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. For Sludge Management and Cdor Abatement Study. A contract amount not to exceed $87,700 without further authorization. This amount includes $74,185 for Phase 1 through 5, 59,000 for expenses and $4.515 for contingencies. The basis for billings shall be $59.5C per hour for the employee's of the ENGINEER, plus expenses at actual costs and plus subcontract billings times 1.05. Fcr Supplemental Services, ar amount equal to the ENGi9EER'S salary costs times 2.85 plus reimbursable expenses at cost and plus subcontract pillings tines 1.05. B. The following expenses are reimbursable. 1. Travel, subsistence, and incidental costs. 2. Use cf motor vehicles on a monthly rental Dasis for assigned veh'cles and on a mi'eage basis or rental cost basis or vehicles used for short per'cds. Mileage oasis shall be 28 cents per nile. 3. Telegraph costs, FAX, long distance telephone costs and project 'onsite' telephone costs. 4. Reproduct•cr of reports, drawings, and specifications. 5. Postage and shipping charges for project -related materials. 6. Computer tine cha^ges ircludirg program use charges. 7. Rental charges for Jse of equipment, inclucing equipment owned py the Engireer. 8. Cost cf acquiring any ether materials or services spec:fica-1y for and applicable to only this project. W3SED032092 B-1 9. Subcontract ccsts including those for soils and geotechnical investigations and reports, testing laboratory services, surveying and mapping services, assistant engineers, other subcontract services. C. The Engineer agrees to use its best efforts to perform the services within the not tc exceed amount stated above and in accordance with the agreed upon performance schedules If, at any time, the Engineer has reason to believe that the cost of the services will be greater or substantially less than the billing limits, the Engineer shall promptly notify the Owner to that effect, giving a revised billing limit for performance of the services. The Owner will not be obligated to reimburse the Engineer fcr costs ircurred in excess of the billing limits specified above, nor shall the Engineer be obligated to continue performance under the Agreement or otherwise ircur costs in excess of that amount, unless and unti' the Owner notifies the Engineer in writing that the not to exceed amount has peen increased, and has speci=fied in such notice revised nct to exceed Units for the services in question. When ar.d tc the extent that the not to exceed limit has beer increased, ary casts incurred by the Engineer, in excess of the not to exceed limits pricy to their increase shall be allowable to the same extent as i` such costs had been incurred after the increase was approved. D. Paynents shall be made to the ENGINEER by the OWNER based on the ENGINEER'S statement. The statement snail indicate the amount of work performed, the associated reimbursable expenses and subcontract costs. E. The entire amount of each statenent shall be due and payable upon receipt by the Owner. Late charges of :-1/2 percent per month or the naximum rate allowed by 'aw if less, on all amounts remaining unpaid, starting on the 30th day fol-cwing the invoice date, :f payment has nct been ,rade in the 30 days following the invoice cue date. I: is understcod anc agreed that the maximum billings are based on the start of the services. If start of services is not authorized by June 1, 1992, it is understood and agreed that the not to exceed amount will be adjusted accordingly by a supplement to this Agreement. G. :t -s understood and agreed that the Engineer shall start the performance of the services listeC below within ten days follow -ng receipt of the rotice to proceed and shall proceed with the work as shown or the attacned Project Schedule. H. 'hat the Engineer shall keep records on the basis of generally accepted accounting practice o= ccsts and expenses and which records shall be available to inspection at reasonable tires. W3SEDC32092 B-2 4 ) a. • Crs r • 144.414 \ \ 444414 Ph {7. egg § ; -2; | § -- )_.§ƒt kd0 ) - }) \j_- - ))\\\ ■\ \ ]i=&)\)q5 44. • - - a#<l.;;»��-meq t- ] -}§)\\Zkmm§/3§§« §).$ %4a2@}�)&§gym'-ft . - \k\\)d\\k/'-- .- 5muea 3\ -_-§0 .5—a§ 222==%=cele _ aa§)�-2w&ac.eE �)\ 2cWa)fa"jƒ�f£f-fl Oa /__/������/Ca /-/�r� $ — Work in Progress = Project Meeting LP | ) } • TA fel ICI RQ � c 1 1 . ta )12 A Cr 4 , 4 os j ' MI or. 22 , • e2%&S\S Is §F- AFF 2/ IC ( Phase 5 - Technical Memorandum • Prepare Draft Technical Memorandum ZS ea cp j2 0 I3 0 • ATTACHMENT C TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Fayetteville, Arkansas Engineer: Black & Veatch Project: Sludge Management and Odor Abatement Study for the Paul R. Noland Wastewater Treatment Facility OWNER'S RESPONSIBILITIES The Owner will furn=sh, as requ'red by the work and not at the expense of the Eng neer, the following stems: 1. Copies of all maps, drawings, reports, records, audits, annual reports, previous odor or sludge studies, specifications, and other data that area available in the files of the Owner and which may Pe useful in the work. 2. Copies of Fistorica' records of wastewater and sludge operations data, and odor complaints. 3. Copies of cetailed cost and ooerationai information for past and current sludge processing and disposal practices. 4. Access to publ`c and private property when required. 5. Cffice desk space and access to a telephone for the Engineer's personnel during the review cf available information. 5. The services of at least one of the Owner's employees of staff who has knowledge of ane the right of entry to the wastewater treatment facil=ties. These services w'11 include but not be limited to assisting the Engineer during the odor survey wnen recuested. 7. Ident=fy the contact person who wi'l be responsible for providing the available information requests. W3SED031292 C-1