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HomeMy WebLinkAbout100-99 RESOLUTIONRESOLUTION NO. 100-99 A RESOLUTION AWARDING AN ENGINEERING CONTRACT UNDER RFQ NO. 99-3 TO BURNS AND MCDONNELL IN AN AMOUNT NOT TO EXCEED $32,472, FOR A PLANT CAPACITY STUDY OF THE NOLAND WASTEWATER PLANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby awards an engineering contract under RFQ No. 99-3 to Bums and McDonnell in an amount not to exceed $32,472, for a plant capacity study of the Noland Wastewater Plant; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contact is attached hereto marked Exhibit "A" and made a part hereof. �IFYt \/PAS SAND APPROVED this ird day of August , 1999. r e S '' \- ATTEST: a %d4s�Gs_�aZ e � Heather Woodruff, City C Fred Hanna, Mayor • EXHIBIT A CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this 3-d day of As -F 1999, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and Bums & McDonnell Engineering Company, Inc. with offices located in Kansas City, Missouri hereinafter called the "ENGINEER." WITNESSETH: Whereas the "OWNER" desires to have a study made to determine the actual capacity of the existing W.W.T.P.; and Whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the plans for the project on schedule; Now therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER'S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I — EMPLOYMENT OF ENGINEER The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II — DESCRIPTION OF THE PROJECT A review of the data relating to the existing W.W.T.P. Capacity. SECTION III — INFORMATION & SERVICES The "OWNER" will furnish any information which may relate to the project that is available. Encl: Page 1 of 6 SECTION IV — SERVICES TO BE FURNISHED BY THE "ENGINEER" A. Receive and review City -supplied influent flow database suitable for input to Microsoft Exceln" spreadsheet for the Paul R. Noland Wastewater Treatment Plant (the Plant) in Fayetteville, Arkansas to determine the following historical influent flow rates: 1. Annual Average Day (AAD) 2. Minimum Day (MinD) 3. Maximum Day (MaxD) 4. Maximum Month (MaxM) B. Perform an engineering evaluation of the hydraulic capacity of the Plant to recommend to the City the following capacity ratings as are in general use in the industry: 1. Design Average Flow (Design) 2. Peak Design Flow (Peak Design) 3. Peak Hydraulic Flow (Peak) C. Calculate the Surface Overflow Rate (SOR) for the clarifiers at each of the hydraulic flow rates in paragraph B and compare to industry standards. D. Receive and review City -supplied treatment records database suitable for input to Microsoft Exceln" to determine organic capacity of the aeration basins. E. Confine the evaluation of the hydraulic and organic capacity to the Liquid train through the influent pumping station, primary clarifiers, aeration basins, secondary clarifiers, effluent sand filters, chlorine contact basins, effluent pumping station, and the associated interconnecting piping. Evaluation of electrical, mechanical, structural, screenings, sidestreams, solids processing, chemical feed and other process lines, reliability, redundancy, efficiency, safety, and operational aspects of the Plant are outside the scope of this evaluation. Page 2 of 6 • F. Rely on the Conformed -to -Construction Records provided by the City for elevations of weirs, walls, ground surface elevations, pipeline inverts, basic unit dimensions, and diameters to be used in the analysis. G. Meet with City staff approximately two weeks after commencement of work to advise staff of findings to date and schedule for final deliverable. H. Prepare final letter report and deliver fifteen copies to City staff within 31 days after commencement of work. SECTION V — COORDINATION WITH "OWNER" The "ENGINEER" shall keep the "OWNER" updated as the study progresses. SECTION VI — OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the "OWNER'S" Public Works Director's Office. SECTION VII — FINAL SUBMISSION Fifteen (15) copies of the Report shall be submitted. SECTION VIII — TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice to proceed and shall complete the study within 31 calendar days. SECTION IX — FEES AND PAYMENTS For, and in consideration of, the services to be rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project multiplied by a factor of 3.326 plus direct reimbursable expenses associated with the project which are payable as follows: 1.) Total estimated Labor for Study: $29,156 2.) Total estimated Direct Expenses: 3,316 3.) Total estimated Engineering Contract Amount, not to exceed: $32,472 Page 3 of 6 The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish and the "OWNER" agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if the "OWNER" decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "ENGINEER." Final payment for services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the Report. SECTION X — CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, price of fees. Any claim by the `ENGINEER" for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the "ENGINEER" of the notification of change; provided, however, that the "OWNER" if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this contract entitled SECTION XIII — MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the contract as changed. SECTION XI — OWNERSHIP OF DOCUMENTS All documents remain the property of the "OWNER." The "ENGINEER" may retain reproduced copies. Page 4 of 6 SECTION XII — POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement — Should the "OWNER," for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER," who will immediately suspend work. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B. Cancellation — Should the "OWNER," for any reason whatsoever, decide to cancel or to terminate the use of the "ENGINEER'S" service, the "OWNER" will give written notice thereof to the "ENGINEER," who will immediately terminate the work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost The "ENGINEER" shall turn over all data or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed. SECTION XIII — MISCELLANEOUS PROVISIONS 1. Dispute resolution — Any dispute concerning a question of fact in connection with the work and having a financial value of $10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than $10,000 shall be subject to mediation. 2. Responsibility for Claims and Liability — The "ENGINEER" shall save harmless the "OWNER" from all claim and liability due to its (the "ENGINEER'S") activities, or those subcontractors, its agents, or its employees during the time this contract is in force. 3. General Compliance with Laws — The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "ENGINEER" shall be a professional engineer, licensed in the State of Arkansas. 4. Engineer's Endorsement — The "ENGINEER" shall endorse the Report. Page 5 of 6 SECTION XIV — SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XV — COVENANT AGAINST CONTINGENT FEES The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER," to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the "ENGINEER," any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the "OWNER" shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year herein written. CITY OF FAYETTEVILLE By: FPY,ttit _,, < i44/ J;1 �l4JG City Clerk ENGINEER Mayor B rns &'McDonnell Engineering Company, Inc. By: Page 6 of 6 TTEST Vice President AGENDA REQUEST FORM XX AGENDA REQUEST COUNCIL MEETING OF August 3, '99 FROM: Don Bunn Name Public Works Admin Public Works Division Department ACTION REQUIRED: Resolution authorizing the Mayor and City Clerk to execute a contract with Burns and McDonnell for a Plant Capacity Study for a not to exceed figure of $32,472.00. COST TO CITY: $ 32,472.00 $ 1,000,000.00 Cost -This Request Water and Sewer Imp. Category/Project Budget Category/Project Name 5400 5700 5314 00 $ Account Number Funds 98047–ID Wastewater Plant Engr Used To Date Program Name $ 1,000,000.00 Project Number Funds Remaining BUDGET/CONTRACT REVIEW: Budget Coordinator AccoingvMan 'Hg X Budgeted I Date %;0-9q Date City Attorney - Date Purchasing Officer 1-a(-99 Date m Water and Sewer Fund Category f) Budget Adj. Attached 2uuL.9q Administrative Services Director Date ADA Coordina r Date .10M614( UO 2O-- ?) Internal Auditor Date STAFF RECOMMENDATION: Staff recommends approval of the contract with Burns and McDonnell for Plant Capacity Study in the amount of a not -to -exceed fig — of $32,472.00 7-19-99 Date Date 2 JUIN) a2/W M Date Cross Reference New Item: Yes No Prev Ord/Res #: Orig Contract Date: RECEIVED JUL 21 1999 CITY OF FnrET i uv OITY CLERK'S Cr° COMMENT SHEET Engineering Contract Plant Capacity Study Burns and McDonnell !— 7;! 1 „;!@F.!l=,==�■,! -- —. —_ ..a. }}s.se.,eeeeel 7• •°! mi 1 1 am cs ,! ,em. -1 ,,,,,,,,,,,,, bet 2f ._ 1 7a"co n52! _ - a tk;R,...... ...... 1 . , 143 -- ,,_,- 1 ;;■■!!!!!!!!!!!!! 1 - , la.2!°°-..!!.!!°-n!! e 1 ,.. ............. - 1 !!! 2 ! /k | ` I ` 3w." E ala %IA' „ _g. ! 7! 2ƒ243]«2!t# 1 § 1 �. !{/i\g` 1 • 1/1 441 i} ��!- § 1-1,1;-111111;•411 !}- - ! �..® 4l._ B § 1111111112,11111i-§ § c 2 e §^ § f „a £ IOAXS { I%OOMXELL OOMSIOfXML • CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT OF PUBLIC WORKS EVALUATION OF PAUL R. NOLAND WASTEWATER TREATMENT PLANT CAPACITY APPENDIX B PERSONNEL CIASSIFICATION AND SALARY RATE The following personnel are anticipated to be assigned to the project: NAME PROJECT POSITION POSITION CLASSIFICATION CLASSIFICATION LEVEL HOURLY SALARY Jerry Sonderegger, P.E. Project Manager Associate 14 531.73 David Hauser, P.E. Project Engineer 1 Senior 13 28.02 Kent Monter, P.E. Project Engineer II Senior 13 28.74 Staff,TBN Technician/Stenographic Technician* 6 1121 Staf,TBN Reproduction General Office* 5 10.16 I. Position classifications listed above refer to the firm's internal classification system for employee compensation. For example, "Associate", "Senior", etc., refers to such positions as "Associate Engineer", "Senior Architect", etc. 2. The hourly salary rates shown above are effective for services through December 31, 1999, and are subject to revision thereafter. 3. For the nonexempt personnel in positions marked with an asterisk, overtime will be billed at 1.5 times the average hourly salary rates shown. BUAKI 6 MCDONNELL CONFIDENTIAL Page I of 1 07/07/99 Horns McDonnell 100 1898.1998 RECEIVED JUL 13 1999 CITY OF FAYETTEVILLE MAYOR'S OFFICE July 7, 1999 Mr. Charles Venable, P.E., P.L.S. Public Works Director The City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Agreement for the Review of Data Relating to Fayetteville's Existing Wastewater Treatment Plant Capacity Dear Mr. Venable: As requested in your June 28th letter, Burns & McDonnell is pleased to submit two signed copies of this agreement. As suggested by your staff, we have re -typed the agreement to reflect the City changes noted in the original. We are returning the original to you for comparison. We have also included an additional specimen of the re -typed agreement which has been highlighted to indicate insertions and modifications requested by Burns & McDonnell. Included as part of the Contract Agreement as directed are Appendix A, Project Budget Justification, and Appendix B, Personnel Classification and Salary Rate for the project team members. In accordance with a telephone call with you on July 6t°, we have based our estimated contract value on our actual direct salary times a labor multiplier plus direct expenses. The estimated contract amount is $32,472.00. After approval of the agreement, please return one executed copy for our records Sincerely, Joel A. erwick E. Vice President enclosures ENGINEERS • MORTICES • CONSULTANTS 9400 Ward Parkway Kansas City, Missouri 64114-3319 Tel: 816 333-9400 Fax: 816 333-3690 http://www. burnsmcd. ram FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE July 19, 1999 To: Fayetteville City Council From: Don Bunn, Assistant Public Works Directo0-7. "//c Thru: Charles Venable, Public Works Director Fred Hanna, Mayor Subject: Engineering Contract Burns and McDonnell Plant Capacity Study Attached for your review and approval is a proposed contract with Burns and McDonnell for the Capacity Study of the Noland Wastewater Plant. The cost of the study is a not -to - exceed amount of $32,472.00. The services to be rendered by the engineer is contained in Section IV of the proposed contract, pages 2 and 3. It is the recommendation of the Staff that the contract be approved. Funding for the project will come from the wastewater engineering budget. Fixed Asset# - dotal: um purchasing oaks up-- --.. Department Director: Purchasing Manager: audnat Cnnrdinatnr Data Processina Mar: P.O. Number. Expected Delivery Date: d A o z 2 c a 1> c Requisition No.: I 0 z 0'0 z 0 0 16. Project/SubProject Number. l` **, O a co N } X N H Y D Vendor Name: kAAddress: FOB Point: 9400 l,JA2 n An kwA r Ship To Code: Requesters Employee#: i Account Number: Q r 41 1 r NI to a vs" w -L K State: Zip: r -r N0 6¢14 NA) CITY OF FI Purchase Requisit (not a pi 7 0 0 Q 2` Description: STI 1�1 z 2 J 7 O C d£ VI sr Q Z E. a U o 2` U E c 3 2.) REQUEST FOR VENDOR FILE MAINTENANCE (CHECK ALL AVAILABLE RESOURCES. VENDOR UST, ACCESS SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST) DATE OF REQUEST: '7- 20 ` ?? REQUESTED BY: (Da ,cJ ,ijv#i kl DEPT/DIVISION: PUBLIC L. 1Pt-c 9D1M/4 EFFECTIVE DATE: TELEPHONE EXTENSION: 330 NEW VENDOR: V VENDOR CHANGE: VENDOR RE—ENTRY: VENDOR #: VENDOR #: VENDOR NAME: 8U.P.cJ S t ,W - Dat-t/ea, STREET OR P.O. BOX ��o ���� ,9,ex �/ft<Y CITY: J49,JJ5A5 (C.,/ Ti /%r% STATE: MG ZIP CODE: G¢//4 ATTN: PHONE:9/4 677- 3 j3'Z REMITTANCE ADDRESS IF DIFFERENCE FROM ABOVE: NAME: ADDRESS: CITY, ST, ZIP: TYPE OF ORGANIZATION CORPORATION (100): FEDERAL ID NUMBER: PARTNERSHIP (200): OR INDIVIDUAL (300): SOCIAL SECURITY NUMBER: EMPLOYEE (400): PENSION (500): RECIPIENT (600): NON—PROFIT (700): efYefeYeeefeTleeeteete+eeMw-e*t**-reil fM+:fH.eewttf»fie**** +fetsMffr*►.ffeNwe+erfellrir !►N1aMM'!►fMre»*w*M1111+e1f.f PURCHASING OFFICE USE ONLY NEW VENDOR: ENTERED BY: VENDOR CHANGES: DATE: VENDOR RE—ENTRY: G. L FILE: W-9 FORM MAILED: INVENTORY FILE: • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Don Bunn, Assistant Public Works Director From: Theresa Johnson, Deputy City Clerk Date: August 5, 1999 Re: Burns & McDonnell, Res. 100-99 Attached please find a copy of the resolution and its back-up material. I have also attached the one original contract for distribution to Burns and McDonnell, and the original purchase requisition and vendor maintenance form. The original purchase req will need to go to Yolanda Fields for a contract number before being forwarded to Peggy Vice. The vendor form will need to go to Peggy Vice. cc: Yolanda Fields, Internall Auditor \ £Jkaves VLVL4.bL, CI..iDt; . Oorks tireckzY' • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Charles Venable, Public Works Director From: Theresa Johnson, Deputy City Clerk Date: August 5, 1999 Re: Wastewater Treatment Plant Study Attached please find a copy of Res. 100-99 and the supporting materials. Also attached is one original agreement for engineering services for you to distribute to Burns & McDonnell. The other original will be microfilmed and filed with the City Clerk's office. cc: Yolanda Fields, Internal Auditor Rssslx.�+ Il-,IoIc . b304ksireJtr