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HomeMy WebLinkAbout49-04 RESOLUTIONRESOLUTION NO. 49-04 A RESOLUTION AUTHORIZING THE CITY TO ACCEPT $40,500.00 IN FUNDS FROM THE LANDFILL POST -CLOSURE TRUST FUND FOR THE "SITE CHARACTERIZATION STUDY"; APPROVE A BUDGET ADJUSTMENT FOR THE RECEIPT OF THIS $40,500.00 AND APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE CITY OF FAYETTEVILLE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City to accept $40,500.00 in funds from the Landfill Post -Closure Trust Fund for the "Site Characterization Study"; approves a budget adjustment for the receipt of this $40,500.00, and approves the Memorandum of Agreement between the Arkansas Department of Environmental Quality and the City of Fayetteville. PASSED and APPROVED this the 6th day of April, 2004. 40%40—) AlAas By: • SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor MEMORANDUM OF AGREEMENT BETWEEN The Arkansas Department of Environmental Quality and the City of Fayetteville AGREEMENT — This agreement is entered into between the Arkansas Department of Environmental Quality ("ADEQ" or "Department") and the City of Fayetteville ("Recipient"). PERIOD COVERED — The terms of this Agreement shall begin on March 8, 2004, and shall end on May 4, 2004. The terms and funding as described in this Agreement establish no precedent for any future Memorandum of Agreement. DETERMINATION — The Director has determined that the C & L Landfill meets the corrective action requirements of Arkansas Code Annotated 8-6-1002 et al. SCOPE AND OBJECTIVES — The objective of this agreement is to provide a "Site Characterization Study" on the closed C&L Landfill, located in Washington County, in order to determine the extent and nature of known impacts to groundwater for purposes of undertaking corrective action and to make recommendations for further studies and corrective action, and cost estimates for those corrections actions. This "Site Characterization Study" project will be accomplished in accordance with the Request Proposal dated February 17, 2004 submitted by the City of Fayetteville and approved by ADEQ and incorporated herein! as Attachment 1. In the event the "Site Characterization Study" confirms that corrective action is required, the Department reserves the right to amend this agreement providing additional funds and authorizing the City of Fayetteville to procure corrective action services. TERMS OF AGREEMENT ADE() 1. ADEQ agrees to reimburse the City of Fayetteville from the Landfill Post -Closure Trust Fund for the "Site Characterization Study" project on the closed C&L Landfill. 2. ADEQ agrees to provide funds to the City of Fayetteville from the Landfill Post -Closure Trust Fund not to exceed the sum of Forty -Thousand Five Hundred Dollars ($40,500) for corrective action services as outlined in the corrective action request package. Upon completion of the study and submission of the appropriate documents, the Department will review the submission for final approval. Upon Department approval, payment shall be made by State Warrant. City of Fayetteville The City of Fayetteville shall oversee the herein -described project in a timely manner and in accordance with the contract dated March 2, 2004, between the City of Fayetteville and Terracon Consultants, Inc. (included in Attachment 1). The City of Fayetteville shall provide an initial contribution of Ten Thousand Dollars ($10,000) and provide proof thereof to ADEQ for use in the corrective action work named in this Memorandum of Agreement and supporting documents. • FISCAL CONTROL — The City of Fayetteville assures ADEQ that it will provide fiscal controls and fund accounting procedures necessary to assure the proper disbursement of and accounting for the Landfill Post -Closure Trust Funds disbursed. The City of Fayetteville will provide progress reports in accordance with condition nine at mid -point and at completion. RECORDS — The City of Fayetteville assures ADEQ that it will maintain records that fully disclose documentation of expenditures in accordance with the attached General Conditions. Documentation of expenditures will be submitted on forms prescribed by ADEQ. SIGNED: Marcus C. Devine, Director Arkansas Department of Environmental Quality DATE Dan Coody, Mayor DAT The City of Fayetteville GENERAL CONDITIONS OF THE LANDFILL POST -CLOSURE TRUST FUND PROGRAM CORRECTION ACTION MEMORANDUM OF AGREEMENT As specified in Arkansas Code Annotated 58-6-1001, et seq., it is the responsibility of the Arkansas Department of Environmental Quality to administer the Landfill Post -Closure Trust Fund. In order to meet legislative intent and requirements, these General Conditions are to be enforced. The General Conditions include, but are not limited to, the following: 1. Inter -local Agreements. With the exception of Regional Solid Waste Management Boards acting under the provisions of A.C.A. §8-6-701 et seq., and Solid Waste Authorities incorporated under A.C.A. §14-233-101 et seq., no inter -local agreements shall be allowed unless approval has been received from the Departrnent. 2. Quotations and Bids. Attach two quotations for each contracted or purchased item or service to be funded in excess of $20,000. Quotations should reflect the cost of the item or service at the time of purchase. Applicable bidding and purchasing procedures should be followed. • • INFLATED BID PROPOSALS: The Department reserves the right to deny project fimding in the event bids appear inflated, or if some other discrepancy is discovered in the bidding process. CONTRACTOR HISTORY: The Department reserves the right to deny project funding if the bid is awarded to a contractor who has a history of non-compliance with environmental statutes or regulations. 3. Agent of the Fund Recipient Requirements: Any Agent of the Recipient is to provide to the Recipient, prior to Contract approval, a Certificate of Insurance covering Workmen's Compensation Insurance and Automobile Insurance. And Any Agent of the Recipient is further to provide to the Recipient, prior to Contract approval, a Performance Bond in the amount of the Contract. Such bond is to be posted by a bonding company licensed to do business in the State of Arkansas and such bond is to be issued in the State of Arkansas. Or the Agent of the Recipient, in said Contract with the Recipient, agrees that any payment of said Contract shall be withheld until the project has received final inspection approval from the Department 4. Signs. Project sites must prominently display signs giving recognition to funds received through the Arkansas Department of Environmental Quality, Solid Waste Management Division. 5. Compliance. A Recipient must have all necessary environmental permits. Funded projects must maintain compliance with all local, State, or Federal laws, rules or regulations. 6. Record Keeping. The Department shall have the right of access to all records, books, papers, or documents related to _the funded project. The Recipient shall establish a proper accounting system to document expenditures and revenues. Records shall be kept for a period of not less than 3 years following receipt of funds. 7. Employee Records. Records shall be maintained by a Recipient on an employee whose primary job duty is directly related to a funded project. 8. Progress Reports. A Recipient must provide a schedule which identifies activities performed when the project is at mid -point and at completion. A Recipient will give an accounting of expenditures requested to be reimbursed when the project is at mid -point and at completion on forms prescribed by ADEQ. 9. Report Submittals and Check Requests. The Recipient will.submit requests for reimbursement upon forms developed by ADEQ, accompanied by supporting documentation of costs incurred. 10 State Funds Disbursed. Disbursements shall be subject to on-site approval and inspection by the Department. Upon Departmental review and approval of inspections and reports, a State of Arkansas warrant (check) will be issued for the amount approved as eligible project costs. 11 Warrants Payable. Warrants will be made payable and mailed to the Recipient. 12. The period covered by this Memorandum of Agreement shall not be extended, except upon the written approval of ADEQ. 13. The terms and conditions of this Memorandum of Agreement may not be modified, except upon the written agreement of the Recipient and ADEQ. 14. In the event the State of Arkansas fails to appropriate funds or make monies available for any biennial period covered by the term of this contract for the services to be provided by the contractor, this contract shall be terminated on the last day of the last biennial period for which funds were appropriated or monies made available for such purposes. This provision shall not be construed to abridge any other right of termination the agency may have. This attachment, named General Conditions of Landfill Post -Closure Trust Fund Program, is hereby made a.part of this Memorandum of Agreement. City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2004 Department: Operations Division: Parks & Recreation Program: Parks Development Capital Date Requested 4/e/2004 Adjustment Number Project or Item Requested: $40,500 in the State Grant revenue account. Project or Item Deleted: None. Justification of this Increase: Received notification from ADEQ of an award from the Post Closure Trust Fund. Justification of this Decrease: City Council approved the Post Closure Tnist Fund grant application on February 3. . Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Professional services 2250 9255 5314 00 Account Name 40,500 02002 1 Decrease Budget (Increase Revenue) Account Number Amount Project Number State grants 2250 0925 4302 00 40,500 02002 1 Approval Signatures Requested By Budget Manager Date Date Department Director Date Finance & In(ty tem ervices D. ctor 06 Mayor Date Date Budget Office Use Only Type: A Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Initial Date • CHANGE ORDER NO. 1 Cost Plus Pre -Agreed Unit Price X Project Name and Number: Site Characterization Study of Former C & L Landfill Name of Consultant: Terracon Consultants, Inc Address of Consultant: 10930 East 56'h Street Date of Contract: March 2,2004 Original Amount of Contract: $49,000 Total Amount of All Previous Change Orders: $ 0.00 FAYETTEV111.r PARKS & RECREATION Subject and Reason For This Change order: Terracon Consultants, Inc failed to include surveying fees to tie the location of site borings and benchmarks to the City of Fayetteville GPS Control Network. Understanding the location of these wells enables future studies to be conducted with ease and accuracy, should the wells be removed or damaged. Additional Time Requested: 0 Calendar Days Total Cost of All Materials, Labor and profit $2,300 (Attach Itemization With Unit and Total Costs) Item Number Description Unit Quantity Additional Unit cost Total Cost Survey of Site Borings $2,300 1 0 $2,300 Total Amount of This Change Order: Dated this 06 day of April 2004 CITY OF FAYETTEVILLE Parks Recreation Division if- —7 --a 11---= Park Planner CITY OF AYETTEV By: $ 2300 Terracon Consultants, Inc Consultant By: nenvtd, _Al.44(101 Title. Sk • A E T res, /4. ATTEST. 84,4,2-1 'LAKY PUBLIC i11 k Ihl. UL!!!!I; %III! la IS hi. h VMS ait2LS.Ms,/4 RECEIVED APR 1 3 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 49-04 w/Agreement & budget adjustment w/Change Order No. 1 Document • 1 03/16/04 memo to mayor & city council 2 draft resolution 3 03/22/04 Staff Review Form 4 04/08/04 memo to Rebecca Ohman 5 04/29/04 fax to Rebecca Ohman 6 04/09/04 memo to Chief Hoyt 7 copy of agreement 8 copy of Res. 31-04 9 copy of agreement 10 04/05/04 Staff Review Form re: Change Order 04/02/04 memo to Dan Goody 03/02/04 copy of proposed Change Order No. 1 copy of Work Scope Modification copy of letter to Terracon Consultants copy of fax to Clarice Pearman copy of faxed change order copy of memo to Rebecca Ohman NOTES: • '45 f City Councileeting of April 9, 2004 W6/0 r Agenda Item Number qq S.- 406Q/gememmdali 0( &ter- atindais CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Public Works Connie Edmonston, Parks and Recreation Superintendent From: Rebecca Ohman, Park Planner Date: March 16, 2004 Subject: Parks and Recreation recommends approval to accept award of the Post Closure Trust Fund in the amount of $40,500. RECOMMENDATION Parks and Recreation recommends approval to accept award of the Post Closure Trust Fund in the amount of $40,500. BACKGROUND On February 3, 2004, City Council approved application to the Post Closure Trust Fund, administered by the Arkansas Department of Environmental Quality (ADEQ), for funding of the Site Characterization Study of the Former C & L Landfill and potential remediation of the site. The Post Closure Trust Fund was created in 1991 from disposal fees for landfill post - closure action, which is defined as any measures deemed necessary by the Director to prevent or abate contamination of the environment from any landfill which has been certified by the Department as no longer receiving waste. The Fund currently contains $9 million dollars that has been earmarked by the Department for spending. To qualify, the City must meet specific requirements such as expenditure of a minimum of $10,000 toward corrective action or preliminary studies to confirm existence of suspected contamination and documentation that the landfill is no longer receiving waste. Parks and Recreation Staff submitted an application to ADEQ on February 17, 2004. On March 2, 2004, City Council approved a professional services contract with Terracon Consultants, Inc. to conduct the Site Characterization Study of the Former C & L Landfill for $49,000 (Resolution No. 31-04). DISCUSSION On March 12, 2004, Staff received notification of award in the form of a Draft Memorandum of Agreement. The Fund will provide $40,500 to be applied to the total cost of the contract with Terracon, $49,000. The City would be responsible for the remaining $8,500, which when combined with the $1,500 expended for the Work Plan • City Counciliketing of April 9, 2004 Agenda Item Number will total the pre -requisite $10,000. These funds are budgeted in the Parks and Recreation Community Park Development fund designated for the Community Park project. As is written in the Agreement, the City will be acting as consultants or an extension of the State for the administration of the Fund and will be reimbursed for activities in the ADEQ approved Work Plan. In the event the "Site Characterization Study" confirms that corrective action is required, the Department reserves the right to amend this agreement providing additional funds and authorizing the City of Fayetteville to procure corrective action services. Parks and Recreation Staff believes the Post Closure Trust Fund provides a wonderful opportunity to study and if necessary, remediate the C & L Landfill at minimum cost to the citizens of Fayetteville. Staff recommends City Council approval of the award of the Post Closure Trust Fund in the amount of $40,500. Attached is a Draft Memorandum of Agreement. A Final Memorandum of Agreement will be available after City of Fayetteville Staff Financial Staff Review and ADEQ approval of any proposed changes. The final agreement will be sent to the Mayor for execution and returned to ADEQ for final signatures. If additional information is needed, please contact me at 444-3472. BUDGET IMPACT The City expenditure would total $8,500. These funds are budgeted in the Parks and Recreation Community Park Development fund designated for the Community Park project. Attachments: Draft Memorandum of Agreement • RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY TO ACCEPT $40,500.00 IN FUNDS FROM THE LANDFILL POST -CLOSURE TRUST FUND FOR THE "SITE CHARACTERIZATION STUDY"; APPROVE A BUDGET ADJUSTMENT FOR THE RECEIPT OF THIS $40,500.00 AND APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE CITY OF FAYETTEVILLE 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 hereby authorizes the City to accept $40,500.00 in funds from the Landfill Post -Closure Trust Fund for the "Site Characterization Study"; approves a budget adjustment for the receipt of this $40,500.00, and approves the Memorandum of Agreement between the Arkansas Department of Environmental Quality and the City of Fayetteville. PASSED and APPROVED this the 6th day of April, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAIIIIREVIEW FORM - FINANCIAL OBLIGAIIIIN For the Fayetteville City Council Meeting of: April 6, 2004 FROM: Rebecca Ohman Name Parks and Recreation Division Public Works Department ACTION REQUIRED: Resolution authorizing Parks and Recreation to accept award of the Arkansas Department of Environmental Quality Post Closure Trust Fund in the amount of $40,500 0..."A 01/4.(Cilketica.. GA) a_bt-xcis± GAV.A.OtkiNJIAN:i . COST TO CITY: an) Sob o 4-8-rcAteret, Cost of this request a.S0 oct a5 . atD„) 00 4-9.2.45_5_344-ree. Account Number 02002-1 Project Number 1015, &co . co Category/Project Budget Funds 00 Used Used to Date en6ia50.00 15913430 00 Remaining Balance Community Park Development Program Categor / Project Name -Sa)02...s mo..4ti�p;LA Parks Development Capitol Program / Project Category Name SaNCL-ca. Parks Development Fund Name BUDGET REVIEW: Budgeted Item -) o 3‘ g)0(-1 Budget Manager Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: V404 --nail Accounting Manager Date Internal Ajllitor Date cchasm.. aficsgott City Attorney Date Purchasing Manager Date AFF REC NDATION: S -i&-00 Division Head Date Departme4t 5irector Finance & Internal Services Dir. 4 Chie Date Date Illte4e7 5--P0-01/ inistrative Officer Date Mayor 3/2/1(Or Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Orig. New Contract Date: 340 c( Date iO4 Contract Number: Item: No • • • Staff Review Form Description Post Closure Trust Fund Award Page 2 Comments: Budget Manager Accounting Manager • Meeting Date April 6, 2004 Reference Comments: vut OA `-\)P•31-• 1\1\ 0 ) Nt-NAttC19 ayo c.A1/4 7tattei aqv tipkt‘ 1„ u: sc. .-40A14 4).E.ca viz) zie0 4 etoe4 Ccy1L1/4\71 n S eq) +c) Gt \RQ yt tts, ckter NMO Purchasing Manager ADA coordinator Internal Auditor Grants Coordinator FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Rebecca Ohman From Clarice Buffalohead-Pearman City Clerk Division Date: April 8, 2004 Re: Resolution 49-04 Attached is a copy of the above resolution passed by the City Council, April 6, 2004, authorizing the acceptance of funds from the landfill post -closure trust fund; approval of a budget adjustment and approving the Memorandum of Agreement with ADEQ. I have also attached the original of the Memorandum of Agreement for the signature of Mr. Levine. Please see that the clerk's office receives a copy of the executed agreement. This is an exception to the rule. Governmental agencies higher than the city receives the original with our signature (mayor's) first, we receive the copy. We get the signature of other contractors first and then take for the mayor's signature. I will not proceed with the resolution process for this item until the clerk's office receives a signed copy of the agreement. Thanks. /cbp attachments Fayetteville, Arkansas City Clerk's Division 113 West Mountain Fayetteville, AR 72701 479-575-8323 fax: 479-718-7695 Send to: Parks From: Clarice Buffalohead-Pearman Attention: Rebecca Ohman Date: 4/29/04 Office location: Office location: 113 West Mountain Fax number: 714 Phone number: 479-575-8309 (EP& Your Request DReply DPlease comment OPlease review .OFYI Total pages, including cover. 2 Comments: Attached is a copy of Res. No. 49-04. I am still waiting on a signed copy of this Memorandum of Agreement from ADEQ. Please let me know what the status is. Thanks. • • MEMORANDUM OF' AGREEMENT BETWEEN The Arkansas Department of Environmental Quality and the City of Fayetteville AGREEMENT — This agreement is entered into between the Arkansas Department of Environmental Quality ("ADEQ" or "Department") and the City of Fayetteville ( 'Recipient ). PERIOD COVERED — The terms of this Agreement shall begin on 4/2 01 and shall end ori/ May 4, 2004. The terms and funding as described in this Agreement establish no precedent for any 6ture Memorandum of Agreement. DETERMINATION — The Director has determined that the C & L Landfill meets the corrective action requirements of Arkansas Code Annotated 8-6-1002 et al. SCOPE AND OBJECTIVES — The objective of this agreement is to provide a "Site Characterization Study" on the closed C&L Landfill, located in Washington COunty, in order to determine the extent and nature of known impacts to groundwater for purposes of undertaking corrective action and to make recommendations for further studies and corrective action, and cost estimates for those corrections actions. This "Site Characterization Study" project will be accomplished in accordance with the Request Proposal dated February 17, 2004 submitted by the City of Fayetteville and approved by ADEQ and incorporated herein as Attachment 1. In the event the "Site Characterization Study" confirms that corrective action is required, the Department reserves the right to amend this agreement providing additional funds and authorizing the City of Fayetteville to procure corrective action services. TERMS OF AGREEMENT ADE() 1. ADEQ agrees to reimburse the City of Fayetteville from the Landfill Post -Closure Trust Fund for the "Site Characterization Study" project on the closed C&L Landfill. 2. ADEQ agrees to provide funds to the City of Fayetteville from the Landfill Post -Closure Trust Fund not to exceed the sum of Forty -Two Thousand Eieht Hundred Dollars ($42,800) for corrective action services as outlined in the corrective action request package. Upon completion of the study and submission of the appropriate documents, the Department will review the submission for final approval. Upon Department approval, payment shall be made by State Warrant. City of Fayetteville The City of Fayetteville shall oversee the herein -described project in a timely manner and in accordance with the contract dated March 2, 2004, between the City of Fayetteville and Terracon Consultants, Inc. (included in Attachment 1). The City of Fayetteville shall provide an initial contribution of Ten Thousand Dollars ($10,000) and provide proof thereof to ADEQ for use in the corrective action work named in this Memorandum of Agreement and supporting documents. FISCAL CONTROL — The City of Fayetteville assures ADEQ that it will provide fiscal controls and fund accounting procedures necessary to assure the proper disbursement of and accounting for the Landfill Post -Closure Trust Funds disbursed. The City of Fayetteville will provide progress reports in accordance with condition eight at project mid -point and at project completion. RECORDS — The City of Fayetteville assures ADEQ that it will maintain records that fully disclose documentation of expenditures in accordance with the attached General Conditions. Documentation of expenditures will be submitted on forms prescribed by ADEQ. SIGNED: 920( Marcu C. Devine, Director DATE Dan Coody, Mayor Arkansas Department of Environmental Quality The City of Fayetteville • GENERAL CONDITIONS OF TILE LANDFILL POST -CLOSURE TRUST FUND PROGRAM CORRECTION ACTION MEMORANDUM OF AGREEMENT As specified in Arkansas Code Annotated §8-6-1001, et seq., it is the responsibility of the Arkansas Department of Environmental Quality to administer the Landfill Post -Closure Trust Fund. In order to meet legislative intent and requirements, these General Conditions are to be enforced. The General Conditions include, but are not limited to, the following: 1. Inter -local Agreements. With the exception of Regional Solid Waste Management Boards acting under the provisions of A.C.A. §8-6-701 et seq., and Solid Waste Authorities incorporated under A.C.A. §14-233-101 et seq., no inter -local agreements shall be allowed unless approval has been received from the Department. 2. Quotations and Bids. Attach two quotations for each contracted or purchased item or service to be funded in excess of $20,000. Quotations should reflect the cost of the item or service at the time of purchase. Applicable bidding and purchasing procedures should be followed. INFLATED BID PROPOSALS: The Department reserves the right to deny project funding in the event bids appear inflated, or if some other discrepancy is discovered in the bidding process. • CONTRACTOR HISTORY: The Department reserves the right to deny project fimding if the bid is awarded to a contractor who has a history of non-compliance with environmental statutes or regulations. 3. Agent of the Fund Recipient Requirements: Any Agent of the Recipient is to provide to the Recipient, prior to Contract approval, a Certificate of Insurance covering Workmen's Compensation Insurance and Automobile Insurance. And Any Agent of the Recipient is further to provide to the Recipient, prior to Contract approval, a Performance Bond in the amount of the Contract. Such bond is to be posted by a bonding company licensed to do business in the State of Arkansas and such bond is to be issued in the State of Arkansas. Or the Agent of the Recipient, in said Contract with the Recipient, agrees that any payment of said Contract shall be withheld until the project has received final inspection approval from the Department 4. Signs. Project sites must prominently display signs giving recognition to funds received through the Arkansas Department of Environmental Quality, Solid Waste Management Division. 5. Compliance. A Recipient must have all necessary environmental permits. Funded projects must maintain compliance with all local, State, or Federal laws, rules or regulations. 6. Record Keeping. The Department shall have the right of access to all records, books, papers, or documents related to the funded project. The Recipient shall establish a proper accounting system to document expenditures and revenues. Records shall be kept for a period of not less than 3 years following receipt of funds. 7. Employee Records. Records shall be maintained by a Recipient on an employee whose primary job duty is directly related to a funded project. 8. Progress Reports. A Recipient must provide a schedule which identifies activities performed when the project is at mid -point and at completion. A Recipient will give an accounting of expenditures requested to be reimbursed when the project is at mid -point and at completion on forms prescribed by ADEQ. 9. Report Submittals and Check Requests. The Recipient will submit requests for reimbursement upon forms developed by ADEQ, accompanied by supporting documentation of costs incurred. 10 State Funds Disbursed. Disbursements shall be subject to on-site approval and inspection by the Department. Upon Departmental review and approval of inspections and reports, a State ofArkansas warrant (check) will be issued for the amount approved as eligible project costs. 11. Warrants Payable. Warrants will be made payable and mailed to the Recipient. • 12. The period covered by this Memorandum of Agreement shall not be extended, except upon the written approval of ADEQ. 13. The terms and conditions of this Memorandum of Agreement may not be modified, except upon the written agreement of the Recipient and ADEQ. 14. In the event the State of Arkansas fails to appropriate funds or make monies available for any biennial period covered by the term of this contract for the services to be provided by the contractor, this contract shall be terminated on the last day of the last biennial period for which funds were appropriated or monies made available for such purposes. This provision shall not be construed to abridge any other right of termination the agency may have. This attachment, named Genera! Conditions of Landfill Post -Closure Trust Fund Program, is hereby made a part of this Memorandum of Agreement. CHANGE ORDER NO. • Cost Plus Pre -Agreed Unit Price X FAYETTEVILLE PARKS. & RECREATION Project Name and Number: Site Charactenzation Study of Former C & L Landfill Name of Consultant: Terracon Consultants, Inc Address of Consultant: 10930 East 56" Street Date of Contract: March 2, 2004 Original Amount of Contract:• $49.000 Total Amount of All Previous Change Orders: $ 0.00 Subject and Reason For This Change order: Terracon Consultants, Inc failed to include surveying fees to tie the location of site borings and benclunarlcs to the City of Fayetteville GPS Control Network. Understanding the location of these wells enables future studies to be conducted with ease and accuracy, should the wells be removed or damaged. Additional Time Requested: 0 Calendar Days Total Cost of All Materials, Labor and profit $2.300 (Attach Itemization With Unit and Total Costs) Total Amount of This Change Order: Dated this 06 day of April, 2004 CITY OF FAYETTEVILLE Parks Recreation Division Park Planner CITY OF By: ATTEST YETTE $ 2,300 Terracon Consultants, Inc Consultant By: rtutt Vmademy Title. -Sr A OKLA ITARV PUBLIC 011 SEM. DLI24*.111 ,MCCiasS.W.Lvtia-M.sw • • RECEIVED APR 1 3 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ( Item Number Description Unit Quantity Additional Unitcost Total Cost 1 Survey of Site Borings $2,300 1 0 $2,300 Total Amount of This Change Order: Dated this 06 day of April, 2004 CITY OF FAYETTEVILLE Parks Recreation Division Park Planner CITY OF By: ATTEST YETTE $ 2,300 Terracon Consultants, Inc Consultant By: rtutt Vmademy Title. -Sr A OKLA ITARV PUBLIC 011 SEM. DLI24*.111 ,MCCiasS.W.Lvtia-M.sw • • RECEIVED APR 1 3 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ( • RESOLUTION NO. 31-04 A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT WITH TERRACON CONSULTANTS, INC. IN AN AMOUNT NOT TO EXCEED $49,000.00 TO PERFORM THE CUMMINGS PROPERTY SITE CHARACTERIZATION STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Cpuncil of the City of Fayetteville, Arkansas hereby approves -a Professional Services Contract with Terracon Consultants, Inc in an amount not to exceed $49,000.00 to perform the Cununings Property Site Characterization study. PASSED and APPROVED this the 2m1 day of March, 2004. APPROVED: By: oiacitid OmAdh...) 04i) S DRA S1VHT , City Clerk By: DAN COODY, Mayo CITY OF FAYETTEVILLE CONTRACT FOR SERVICES a. This Contract is entered into on this 294day of Fayetteville, a municipal corporation, and Terracon Consultants, Inc. TRTNAL 2004, between the City of In consideration of the mutual covenants contained herein, and other good and valuable consideration, the City of Fayetteville and Terracon Consultants Inc. agree as follows: All of the provisions of Attachment -A are hereby incorporated by reference as if set forth word for word herein. 2. Terracon Consultants, Inc. agrees and understands that it shall make available all records for review by the City of Fayetteville and its auditors as reasonably requested. Terracon Consultants, Inc. agrees and understands that it shall submit, upon request, to the City of Fayetteville, any and all documents demonstrating compliance with applicable federal, state, and local rules and regulations. The City of Fayetteville's failure to request supporting documentation, however, shall not excuse any failure on the Terracon Consultants, Inc.'s part to have used the standard of care in its profession to comply with the applicable federal, state, and local rules and regulations. Terracon Consultants, Inc. agrees and understands that all contracts for services, and other procurement for materials, services, or construction shall be carried out in compliance with applicable federal, state, and local rules and regulations. 3. Terracon Consultants, Inc. shall hold harmless, and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of negligent performance or nonperformance of -the services or subject matter called for in this contraet, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas.. 4 Terracon Consultants, Inc. agrees and understands that any changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 5. Nothing in this agreement shall be construed to give any rights or benefits to any party other than Terracon Consultants, Inc. and the City of Fayetteville. 6. Terracon Consultants, Inc. agrees and understands that City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Terracon Consultants, Inc will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance.