HomeMy WebLinkAbout115-01 RESOLUTION•
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RESOLUTION NO. 115-01
A RESOLUTION APPROVING ADDENDUM NO. 1 TO
CONTINUING SERVICES AGREEMENT WITH BLACK AND
AND VEATCH CORPORATION WHICH INCREASES THEIR
AUTHORIZED FEE BY $20,000.00 FOR CONTINUING SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
approves Addendum No. 1 to the Continuing Services Agreement between the
City of Fayetteville and Black and Veatch Corporation authorizing an increase of
$20,000.00 in its fee for continuing services and authorizes the Mayor to execute
said Addendum
PASSD and APPROVED this the 21st day of August, 2001.
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By:
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APPROVED:
ATTEST:
By: Yy��< .
feather Woodruff, City
NAME OF FILE:
CROSS REFERENCE:
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Resolution No. 115-01
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08/21/01
Resolution No. 115-01
Addendum No. 1 to Continuing Services Agreement with Black and
Veatch Corporation
Attachment A
Attachment B
08/08/01
Departmental Correspondence to Mayor Dan Coody & City Council
from Ted Webber, Admin. Services Director, regarding continuation of
rate analysis services -Wastewater System Improvement Project
08/21/01
Staff Review Form
NOTES:
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ADDENDUM NO. 1
To
CONTINUING SERVICES AGREEMENT
Between
City of Fayetteville and Black & Veatch Corporation
In accordance with the Agreement effective March 14, 2001 between City of Fayetteville,
Arkansas (Client) and Black & Veatch Corporation (Consultant), Consultant agreed to
perform consulting services as requested by Client. Services to date include:
• Analyses related to determination of the impact of additional debt service on
existing sewer rates;
• Meeting in Fayetteville May 23, 2001 with representatives of the City,
representatives of Arkansas Department of Environmental Quality, and City's
engineering consultants;
• Preparation and submittal of material related to EPA User Charge
requirements, and meeting in Little Rock July 12, 2001 with Arkansas
Department of Environmental Quality to discuss compliance of sewer rates;
• Preparation of material related to sewer rate methodology and impact of
alternative financing scenarios for Public Meeting in Fayetteville July 26,
2001, and attendance at that meeting.
The authorized fee in the original Agreement has been expended as a result of the above
activities In anticipation of requests by Client to conduct additional services of a similar
nature, Consultant requests that the authorized fee under the Continuing Services
Agreement be increased by $20,000.
Work performed by Consultant under this Addendum No. 1 will only be undertaken at
the request of Client.
City of Fayetteville, Arkansas (CLIENT)
Black & Veatch Corporation (CONSULTANT)
By:
PA`s•(&1
Date: August 8, 2001
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•SULTING SERVICES AGREEMENT .
This Agreement, effective March 14. 2001, is between City of Fayetteville, Arkansas (CLIENT) and BLACK & VEATCH
CORPORATION (CONSULTANT). CONSULTANT shall perform the services described in attached Exhibit A --Scope of
Services (Services) and shall be paid in accordance with attached Exhibit B --Compensation.
1. CONSULTANT warrants that it shall perform the Services in accordance with the standards of care and diligence normally
practiced by recognized consulting firms in performing services of a similar nature. No other warranty, express or implied, is
included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement.
2. CONSULTANT shall maintain in force, during the period that the Services are performed. workers' compensation insurance in
accordance with the laws of the states having jurisdiction over CONSULTANT's employees who are engaged in the Services
and employer's liability insurance with a limit of $100,000 each occurrence. CONSULTANT also shall maintain commercial
general liability and automobile liability insurance policies, each with combined single limits of $1.000.000 per occurrence,
and professional liability insurance with an aggregate limit of $1,000,000.
3. CONSULTANT shall indemnify CLIENT against any and all claims, demands and causes of action for bodily injury to or
death of persons or for damage to or destruction of property resulting solely from any and all negligent physical acts of
CONSULTANT while at CLIENTs facility.
4. In performance of the Services, it is understood that CONSULTANT may be supplied with certain information and/or data by
CLIENT and/or others, and that CONSULTANT will rely on such information. It is agreed that the accuracy of such
information is not within CONSULTANT's control and CONSULTANT shall not be liable for its accuracy, nor for its
verification, except to the extent that such verification is expressly a par of CONSULTANT's Scope of Services.
5. CONSULTANT shall retain its rights in its standard drawing details, designs, specifications, databases. computer software,
models and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance
of the Services shall remain the property of the CONSULTANT.
6. CLIENT may, with or without cause, terminate the Services at any time upon ten working days written notice to
CONSULTANT. In such case, CONSULTANT shall be paid costs incurred and fees earned to the date of termination and
through demobilization and neither party shall be entitled to any other compensation or damages from the other.
7. CLIENT may audit and inspect CONSULTANTS records and accounts covering reimbursable costs for a period of six months
following the completion of CONSULTANTs Services. The purpose of any such audit shall be only for verification of such
costs. CONSULTANT shall not be required to keep records of or provide access to those of its costs expressed as fixed rates, a
lump sum, or as a percentage of other costs.
8. CONSULTANTS opinions, estimates, projections, and forecasts of current and future costs, revenues, other levels of any son,
and events shall be made on the basis of available information and CONSULTANTs expertise and qualifications as a
professional. CONSULTANT does not warrant or guarantee that its opinions, estimates, projections or forecasts of current and
future levels and events will not vary from CLIENT's estimates or forecasts or from actual outcomes.
9. The parties agree to look solely to each other with respect to performance of this Agreement. CONSULTANT may subcontract
portions of the Services to its successor, related or affiliated entities. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than CLIENT and CONSULTANT. Except for CLIENTS obligation to make payments,
neither party shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond such party's
reasonable control.
10. Neither party shall be responsible or held liable to the other party for special, indirect, incidental, punitive, exemplary, or
consequential damages, including, but not limited to, loss of profit, loss of investment, loss of product, or business
interruption. CONSULTANT's total aggregate liability under this Agreement for any reason whatsoever shall not
exceed the compensation received by CONSULTANT under this Agreement, and CLIENT agrees to release, defend,
indemnify, and hold CONSULTANT harmless from and against any and all further liability in excess thereof arising in
any manner from the Services. In the event such provision is determined to exceed the maximum scope allowed by law,
said provision shall be interpreted and enforced so as to preserve the indemnity, release or limitation to the maximum
extent allowable. The warranties, obligations, liabilities and remedies of the parties, as provided herein, are exclusive
and in lieu of any others available at law, equity or otherwise. Indemnifications against, releases from, and limitations of
liability and waivers of subrogation shall apply notwithstanding the fault, negligence (whether active, passive, joint or
concurrent), strict liability or other theory of legal liability of the party indemnified, released or whose liability is limited
and shall be effective to, and only to, the maximum extent allowable by law.
This Agreement and the attached Exhibits constitute the entire Agreement. No other representations of any kind, oral or otherwise,
shall have any effect. This Agreement shall be governed by the laws of the state of Missouri, without giving effect to the principles
thereof relating to conflicts of law.
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ATTACHMENT A
CONTINUING SERVICES
Scope of Services
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Black & Veatch will conduct an analysis to estimate the impact of capital
expenditures on the bills of sewer customers of the City of Fayetteville. The
purpose of the analysis is to illustrate the impact of funding the proposed
Wastewater Treatment Plant with revenue bonds. It is anticipated the analysis
will include the following steps:
• Estimate billable sewer volumes by customer classification based on
information provided by the City.
• Determine the amount of additional annual debt service that can be incurred
under existing sewer rates while maintaining the minimum required debt
service coverage. It is understood for purposes of this analysis that annual
debt service will not exceed $7,500,000. This portion of the analysis will be
based on revenue and expense information for 2000 to b3 provided by the
City.
• Determine the percentage increase in sewer sales revenues under existing rates
required for each additional $1,000,000 in annual revenue bond debt service.
• Develop a spreadsheet to compute the increase in sewer bills per million
dollars of revenue bond debt service. The spreadsheet will include various
levels of billable sewage volumes for residential and commercial customers
both inside and outside the City, and the wholesale customer.
• The analysis will be completed and submitted to the City by March 23, 2001,
assuming required basic data is received by Black & Veatch by March 16,
2001
2. Black & Veatch will perform additional consulting services as requested by the
City. Such services may include, but are not limited to, additional financial
analyses and development of financing plans or rate structures, engineering and
financial feasibility studies for the issuance of revenue bonds, meetings or
presentations, and other related studies and services.
ATTACHMENT B
CONTINUING SERVICES
Compensation
Charges for services provided under this Continuing Services Agreement will be invoiced
at the following standard rates:
Hourly Billing Rates
$/Hour
Director 193.00
Senior Consultant 158.00
Consultant 140.00
Associate 103.00
Plus direct out-of-pocket expenses at cost.
Charges will be invoiced to Client at the end of each of Consultant's standard monthly
accounting periods based upon the above fee schedule and the direct time and expense
charges to the project during the preceding accounting period. All invoices are due upon
receipt and if not paid within 30 days will accrue interest at the lessor of 1-1/2 percent per
month or the maximum rate allowed by law.
The fee for completion of analyses described in Item 1 of Attachment A is estimated at
$2300. If Item 1 can be completed for less than this amount, the City Rill be billed only
for the time and expenses incurred.
Total fees under this Continuing Services Agreement shall not exceed $20,000.
FAYETTEV1tLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
TO: Mayor Dan Coody and City Council
FROM: Ted Webber, Administrative Services Direct
DATE: August 8, 2001
SUBJECT: Continuation of Rate Analysis Services - Wastewater System
Improvement Project
Staff is requesting City Council's approval of a change order increasing the contracting authority
with Black & Veatch for Black & Veatch to perform rate analysis and other continuing services to
the City for the Water & Sewer System for 2001. The services would primarily be in conjunction
with the City's Wastewater System Improvements Project.
The City entered into an agreement with Black & Veatch in March, 2001 for rate analysis services
necessary for the Wastewater System Improvements project. Staff has been advised that the original
contract amount has been used and additional contracting authority will be needed for future analysis
services. Staff estimates that an additional $20,000.00 will be sufficient to provide the services
needed through the completion of the financing agreements for the Wastewater System Improvement
Project.
De;
Cor
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a
XX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
• RECEIVED
AUG 0 9 2001
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
For the Fayetteville City Council meeting of August 21, 2001
FROM:
Ted Webber
Name
Admin Services Admin Services
Division Department
ACTION REQUIRED: A resolution authorizing additional continuing services from
Black & Veatch for Black & Veatch to provide continuing system rate analysis
services for the City in conjunction with the Wastewater System Improvements
Project. The authorization requested is not to exceed $20,000.00 and will be paid
from the project budget.
COST TO CITY:
NTE $20,000.00
Cost of this Request
Wastewater System
561,915.00 Improvements
Category/Project Budget Category/Project Name
5400-5700-5314.00 524,168.00
Account Number
Funds Used To Date Program Name
98047 37,747.00 Water & Sewer
Project Number
BUDGET REVIEW:
ue"t Manager
Remaining Balance Fund
X—
Budgeted Item Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Ca
Accounting Manager
Ci :y A.torney
FAciel
(/8/r
$ Igtfdl
GRANTING AGENCY:
akt.a4 SI 401
Int rnal Ayfditor Date
ADA Coordinator Date
Purchasing Officer Date Grant Coordinator Date
STAFF RECOMMENDATION: Staff recommends approval of agreement.
Division Head
artment Director
Ad fi $ rative Servi es Director
yor
Date
Date
Cross Reference
New Item: Yes No
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number:
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